Public Act 102-0813

HB5501 EnrolledLRB102 24698 AMC 33937 b



 AN ACT to revise the law by combining multiple enactments 
and making technical corrections.


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

represented in the General Assembly:



 Section 1. Nature of this Act. 
 (a) This Act may be cited as the First 2022 General

Revisory Act.
 (b) This Act is not intended to make any substantive 
change in the law. It reconciles conflicts that have arisen 
from multiple amendments and enactments and makes technical 
corrections and revisions in the law.
 This Act revises and, where appropriate, renumbers certain 
Sections that have been added or amended by more than one 
Public Act. In certain cases in which a repealed Act or Section 
has been replaced with a successor law, this Act may 
incorporate amendments to the repealed Act or Section into the 
successor law. This Act also corrects errors, revises 
cross-references, and deletes obsolete text.
 (c) In this Act, the reference at the end of each amended 
Section indicates the sources in the Session Laws of Illinois 
that were used in the preparation of the text of that Section. 
The text of the Section included in this Act is intended to 
include the different versions of the Section found in the 
Public Acts included in the list of sources, but may not 
include other versions of the Section to be found in Public 
Acts not included in the list of sources. The list of sources 
is not a part of the text of the Section.
 (d) Public Acts 101-652 through 102-691 were considered in 
the preparation of the combining revisories included in this 
Act. Many of those combining revisories contain no striking or 
underscoring because no additional changes are being made in 
the material that is being combined.

 Section 5. The Regulatory Sunset Act is amended by 
changing Section 4.37 as follows:

 (5 ILCS 80/4.37)
 (Text of Section before amendment by P.A. 102-683)
 Sec. 4.37. Acts and Articles repealed on January 1, 2027. 
The following are repealed on January 1, 2027:
 The Clinical Psychologist Licensing Act.

 The Illinois Optometric Practice Act of 1987.
 Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI, 
and
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.

 The Boiler and Pressure Vessel Repairer Regulation Act.
 The Marriage and Family Therapy Licensing Act. 
 The Boxing and Full-contact Martial Arts Act.
 The Cemetery Oversight Act.
 The Community Association Manager Licensing and 
Disciplinary Act.
 The Detection of Deception Examiners Act.
 The Home Inspector License Act.
 The Massage Licensing Act.
 The Medical Practice Act of 1987.
 The Petroleum Equipment Contractors Licensing Act.
 The Radiation Protection Act of 1990.
 The Real Estate Appraiser Licensing Act of 2002.
 The Registered Interior Designers Act.
 The Landscape Architecture Registration Act.
 The Water Well and Pump Installation Contractor's License 
Act.
 The Collateral Recovery Act.
(Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21; 
102-437, eff. 8-20-21; 102-656, eff. 8-27-21; revised 
10-13-21.)

 (Text of Section after amendment by P.A. 102-683)
 Sec. 4.37. Acts and Articles repealed on January 1, 2027. 
The following are repealed on January 1, 2027:
 The Clinical Psychologist Licensing Act.

 The Illinois Optometric Practice Act of 1987.
 Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI, 
and
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.

 The Boiler and Pressure Vessel Repairer Regulation Act.
 The Marriage and Family Therapy Licensing Act. 
 The Boxing and Full-contact Martial Arts Act.
 The Cemetery Oversight Act.
 The Community Association Manager Licensing and 
Disciplinary Act.
 The Detection of Deception Examiners Act.
 The Home Inspector License Act.
 The Massage Licensing Act.
 The Medical Practice Act of 1987.
 The Petroleum Equipment Contractors Licensing Act.
 The Radiation Protection Act of 1990.
 The Real Estate Appraiser Licensing Act of 2002.
 The Registered Interior Designers Act.
 The Landscape Architecture Registration Act.
 The Water Well and Pump Installation Contractor's License 
Act.
 The Collateral Recovery Act.
 The Licensed Certified Professional Midwife Practice Act.
(Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21; 
102-437, eff. 8-20-21; 102-656, eff. 8-27-21; 102-683, eff. 
10-1-22; revised 1-5-22.)

 Section 10. The Illinois Administrative Procedure Act is 
amended by changing Section 5-45 and by setting forth, 
renumbering, and changing multiple
versions of Sections 5-45.8 
and 5-45.9 as follows:

 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
 Sec. 5-45. Emergency rulemaking. 
 (a) "Emergency" means the existence of any situation that 
any agency
finds reasonably constitutes a threat to the public 
interest, safety, or
welfare.
 (b) If any agency finds that an
emergency exists that 
requires adoption of a rule upon fewer days than
is required by 
Section 5-40 and states in writing its reasons for that

finding, the agency may adopt an emergency rule without prior 
notice or
hearing upon filing a notice of emergency rulemaking 
with the Secretary of
State under Section 5-70. The notice 
shall include the text of the
emergency rule and shall be 
published in the Illinois Register. Consent
orders or other 
court orders adopting settlements negotiated by an agency
may 
be adopted under this Section. Subject to applicable 
constitutional or
statutory provisions, an emergency rule 
becomes effective immediately upon
filing under Section 5-65 
or at a stated date less than 10 days
thereafter. The agency's 
finding and a statement of the specific reasons
for the 
finding shall be filed with the rule. The agency shall take

reasonable and appropriate measures to make emergency rules 
known to the
persons who may be affected by them.
 (c) An emergency rule may be effective for a period of not 
longer than
150 days, but the agency's authority to adopt an 
identical rule under Section
5-40 is not precluded. No 
emergency rule may be adopted more
than once in any 24-month 
period, except that this limitation on the number
of emergency 
rules that may be adopted in a 24-month period does not apply

to (i) emergency rules that make additions to and deletions 
from the Drug
Manual under Section 5-5.16 of the Illinois 
Public Aid Code or the
generic drug formulary under Section 
3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) 
emergency rules adopted by the Pollution Control
Board before 
July 1, 1997 to implement portions of the Livestock Management

Facilities Act, (iii) emergency rules adopted by the Illinois 
Department of Public Health under subsections (a) through (i) 
of Section 2 of the Department of Public Health Act when 
necessary to protect the public's health, (iv) emergency rules 
adopted pursuant to subsection (n) of this Section, (v) 
emergency rules adopted pursuant to subsection (o) of this 
Section, or (vi) emergency rules adopted pursuant to 
subsection (c-5) of this Section. Two or more emergency rules 
having substantially the same
purpose and effect shall be 
deemed to be a single rule for purposes of this
Section.
 (c-5) To facilitate the maintenance of the program of 
group health benefits provided to annuitants, survivors, and 
retired employees under the State Employees Group Insurance 
Act of 1971, rules to alter the contributions to be paid by the 
State, annuitants, survivors, retired employees, or any 
combination of those entities, for that program of group 
health benefits, shall be adopted as emergency rules. The 
adoption of those rules shall be considered an emergency and 
necessary for the public interest, safety, and welfare. 
 (d) In order to provide for the expeditious and timely 
implementation
of the State's fiscal year 1999 budget, 
emergency rules to implement any
provision of Public Act 
90-587 or 90-588
or any other budget initiative for fiscal 
year 1999 may be adopted in
accordance with this Section by the 
agency charged with administering that
provision or 
initiative, except that the 24-month limitation on the 
adoption
of emergency rules and the provisions of Sections 
5-115 and 5-125 do not apply
to rules adopted under this 
subsection (d). The adoption of emergency rules
authorized by 
this subsection (d) shall be deemed to be necessary for the

public interest, safety, and welfare.
 (e) In order to provide for the expeditious and timely 
implementation
of the State's fiscal year 2000 budget, 
emergency rules to implement any
provision of Public Act 91-24

or any other budget initiative for fiscal year 2000 may be 
adopted in
accordance with this Section by the agency charged 
with administering that
provision or initiative, except that 
the 24-month limitation on the adoption
of emergency rules and 
the provisions of Sections 5-115 and 5-125 do not apply
to 
rules adopted under this subsection (e). The adoption of 
emergency rules
authorized by this subsection (e) shall be 
deemed to be necessary for the
public interest, safety, and 
welfare.
 (f) In order to provide for the expeditious and timely 
implementation
of the State's fiscal year 2001 budget, 
emergency rules to implement any
provision of Public Act 
91-712
or any other budget initiative for fiscal year 2001 may 
be adopted in
accordance with this Section by the agency 
charged with administering that
provision or initiative, 
except that the 24-month limitation on the adoption
of 
emergency rules and the provisions of Sections 5-115 and 5-125 
do not apply
to rules adopted under this subsection (f). The 
adoption of emergency rules
authorized by this subsection (f) 
shall be deemed to be necessary for the
public interest, 
safety, and welfare.
 (g) In order to provide for the expeditious and timely 
implementation
of the State's fiscal year 2002 budget, 
emergency rules to implement any
provision of Public Act 92-10

or any other budget initiative for fiscal year 2002 may be 
adopted in
accordance with this Section by the agency charged 
with administering that
provision or initiative, except that 
the 24-month limitation on the adoption
of emergency rules and 
the provisions of Sections 5-115 and 5-125 do not apply
to 
rules adopted under this subsection (g). The adoption of 
emergency rules
authorized by this subsection (g) shall be 
deemed to be necessary for the
public interest, safety, and 
welfare.
 (h) In order to provide for the expeditious and timely 
implementation
of the State's fiscal year 2003 budget, 
emergency rules to implement any
provision of Public Act 
92-597
or any other budget initiative for fiscal year 2003 may 
be adopted in
accordance with this Section by the agency 
charged with administering that
provision or initiative, 
except that the 24-month limitation on the adoption
of 
emergency rules and the provisions of Sections 5-115 and 5-125 
do not apply
to rules adopted under this subsection (h). The 
adoption of emergency rules
authorized by this subsection (h) 
shall be deemed to be necessary for the
public interest, 
safety, and welfare.
 (i) In order to provide for the expeditious and timely 
implementation
of the State's fiscal year 2004 budget, 
emergency rules to implement any
provision of Public Act 93-20

or any other budget initiative for fiscal year 2004 may be 
adopted in
accordance with this Section by the agency charged 
with administering that
provision or initiative, except that 
the 24-month limitation on the adoption
of emergency rules and 
the provisions of Sections 5-115 and 5-125 do not apply
to 
rules adopted under this subsection (i). The adoption of 
emergency rules
authorized by this subsection (i) shall be 
deemed to be necessary for the
public interest, safety, and 
welfare.
 (j) In order to provide for the expeditious and timely 
implementation of the provisions of the State's fiscal year 
2005 budget as provided under the Fiscal Year 2005 Budget 
Implementation (Human Services) Act, emergency rules to 
implement any provision of the Fiscal Year 2005 Budget 
Implementation (Human Services) Act may be adopted in 
accordance with this Section by the agency charged with 
administering that provision, except that the 24-month 
limitation on the adoption of emergency rules and the 
provisions of Sections 5-115 and 5-125 do not apply to rules 
adopted under this subsection (j). The Department of Public 
Aid may also adopt rules under this subsection (j) necessary 
to administer the Illinois Public Aid Code and the Children's 
Health Insurance Program Act. The adoption of emergency rules 
authorized by this subsection (j) shall be deemed to be 
necessary for the public interest, safety, and welfare.

 (k) In order to provide for the expeditious and timely 
implementation of the provisions of the State's fiscal year 
2006 budget, emergency rules to implement any provision of 
Public Act 94-48 or any other budget initiative for fiscal 
year 2006 may be adopted in accordance with this Section by the 
agency charged with administering that provision or 
initiative, except that the 24-month limitation on the 
adoption of emergency rules and the provisions of Sections 
5-115 and 5-125 do not apply to rules adopted under this 
subsection (k). The Department of Healthcare and Family 
Services may also adopt rules under this subsection (k) 
necessary to administer the Illinois Public Aid Code, the 
Senior Citizens and Persons with Disabilities Property Tax 
Relief Act, the Senior Citizens and Disabled Persons 
Prescription Drug Discount Program Act (now the Illinois 
Prescription Drug Discount Program Act), and the Children's 
Health Insurance Program Act. The adoption of emergency rules 
authorized by this subsection (k) shall be deemed to be 
necessary for the public interest, safety, and welfare.

 (l) In order to provide for the expeditious and timely 
implementation of the provisions of the
State's fiscal year 
2007 budget, the Department of Healthcare and Family Services 
may adopt emergency rules during fiscal year 2007, including 
rules effective July 1, 2007, in
accordance with this 
subsection to the extent necessary to administer the 
Department's responsibilities with respect to amendments to 
the State plans and Illinois waivers approved by the federal 
Centers for Medicare and Medicaid Services necessitated by the 
requirements of Title XIX and Title XXI of the federal Social 
Security Act. The adoption of emergency rules
authorized by 
this subsection (l) shall be deemed to be necessary for the 
public interest,
safety, and welfare.

 (m) In order to provide for the expeditious and timely 
implementation of the provisions of the
State's fiscal year 
2008 budget, the Department of Healthcare and Family Services 
may adopt emergency rules during fiscal year 2008, including 
rules effective July 1, 2008, in
accordance with this 
subsection to the extent necessary to administer the 
Department's responsibilities with respect to amendments to 
the State plans and Illinois waivers approved by the federal 
Centers for Medicare and Medicaid Services necessitated by the 
requirements of Title XIX and Title XXI of the federal Social 
Security Act. The adoption of emergency rules
authorized by 
this subsection (m) shall be deemed to be necessary for the 
public interest,
safety, and welfare.

 (n) In order to provide for the expeditious and timely 
implementation of the provisions of the State's fiscal year 
2010 budget, emergency rules to implement any provision of 
Public Act 96-45 or any other budget initiative authorized by 
the 96th General Assembly for fiscal year 2010 may be adopted 
in accordance with this Section by the agency charged with 
administering that provision or initiative. The adoption of 
emergency rules authorized by this subsection (n) shall be 
deemed to be necessary for the public interest, safety, and 
welfare. The rulemaking authority granted in this subsection 
(n) shall apply only to rules promulgated during Fiscal Year 
2010. 
 (o) In order to provide for the expeditious and timely 
implementation of the provisions of the State's fiscal year 
2011 budget, emergency rules to implement any provision of 
Public Act 96-958 or any other budget initiative authorized by 
the 96th General Assembly for fiscal year 2011 may be adopted 
in accordance with this Section by the agency charged with 
administering that provision or initiative. The adoption of 
emergency rules authorized by this subsection (o) is deemed to 
be necessary for the public interest, safety, and welfare. The 
rulemaking authority granted in this subsection (o) applies 
only to rules promulgated on or after July 1, 2010 (the 
effective date of Public Act 96-958) through June 30, 2011. 
 (p) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 97-689, 
emergency rules to implement any provision of Public Act 
97-689 may be adopted in accordance with this subsection (p) 
by the agency charged with administering that provision or 
initiative. The 150-day limitation of the effective period of 
emergency rules does not apply to rules adopted under this 
subsection (p), and the effective period may continue through 
June 30, 2013. The 24-month limitation on the adoption of 
emergency rules does not apply to rules adopted under this 
subsection (p). The adoption of emergency rules authorized by 
this subsection (p) is deemed to be necessary for the public 
interest, safety, and welfare.
 (q) In order to provide for the expeditious and timely 
implementation of the provisions of Articles 7, 8, 9, 11, and 
12 of Public Act 98-104, emergency rules to implement any 
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 
may be adopted in accordance with this subsection (q) by the 
agency charged with administering that provision or 
initiative. The 24-month limitation on the adoption of 
emergency rules does not apply to rules adopted under this 
subsection (q). The adoption of emergency rules authorized by 
this subsection (q) is deemed to be necessary for the public 
interest, safety, and welfare. 
 (r) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 98-651, 
emergency rules to implement Public Act 98-651 may be adopted 
in accordance with this subsection (r) by the Department of 
Healthcare and Family Services. The 24-month limitation on the 
adoption of emergency rules does not apply to rules adopted 
under this subsection (r). The adoption of emergency rules 
authorized by this subsection (r) is deemed to be necessary 
for the public interest, safety, and welfare. 
 (s) In order to provide for the expeditious and timely 
implementation of the provisions of Sections 5-5b.1 and 5A-2 
of the Illinois Public Aid Code, emergency rules to implement 
any provision of Section 5-5b.1 or Section 5A-2 of the 
Illinois Public Aid Code may be adopted in accordance with 
this subsection (s) by the Department of Healthcare and Family 
Services. The rulemaking authority granted in this subsection 
(s) shall apply only to those rules adopted prior to July 1, 
2015. Notwithstanding any other provision of this Section, any 
emergency rule adopted under this subsection (s) shall only 
apply to payments made for State fiscal year 2015. The 
adoption of emergency rules authorized by this subsection (s) 
is deemed to be necessary for the public interest, safety, and 
welfare. 
 (t) In order to provide for the expeditious and timely 
implementation of the provisions of Article II of Public Act 
99-6, emergency rules to implement the changes made by Article 
II of Public Act 99-6 to the Emergency Telephone System Act may 
be adopted in accordance with this subsection (t) by the 
Department of State Police. The rulemaking authority granted 
in this subsection (t) shall apply only to those rules adopted 
prior to July 1, 2016. The 24-month limitation on the adoption 
of emergency rules does not apply to rules adopted under this 
subsection (t). The adoption of emergency rules authorized by 
this subsection (t) is deemed to be necessary for the public 
interest, safety, and welfare. 
 (u) In order to provide for the expeditious and timely 
implementation of the provisions of the Burn Victims Relief 
Act, emergency rules to implement any provision of the Act may 
be adopted in accordance with this subsection (u) by the 
Department of Insurance. The rulemaking authority granted in 
this subsection (u) shall apply only to those rules adopted 
prior to December 31, 2015. The adoption of emergency rules 
authorized by this subsection (u) is deemed to be necessary 
for the public interest, safety, and welfare.
 (v) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 99-516, 
emergency rules to implement Public Act 99-516 may be adopted 
in accordance with this subsection (v) by the Department of 
Healthcare and Family Services. The 24-month limitation on the 
adoption of emergency rules does not apply to rules adopted 
under this subsection (v). The adoption of emergency rules 
authorized by this subsection (v) is deemed to be necessary 
for the public interest, safety, and welfare.
 (w) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 99-796, 
emergency rules to implement the changes made by Public Act 
99-796 may be adopted in accordance with this subsection (w) 
by the Adjutant General. The adoption of emergency rules 
authorized by this subsection (w) is deemed to be necessary 
for the public interest, safety, and welfare. 
 (x) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 99-906, 
emergency rules to implement subsection (i) of Section 
16-115D, subsection (g) of Section 16-128A, and subsection (a) 
of Section 16-128B of the Public Utilities Act may be adopted 
in accordance with this subsection (x) by the Illinois 
Commerce Commission. The rulemaking authority granted in this 
subsection (x) shall apply only to those rules adopted within 
180 days after June 1, 2017 (the effective date of Public Act 
99-906). The adoption of emergency rules authorized by this 
subsection (x) is deemed to be necessary for the public 
interest, safety, and welfare. 
 (y) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 100-23, 
emergency rules to implement the changes made by Public Act 
100-23 to Section 4.02 of the Illinois Act on the Aging, 
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, 
Section 55-30 of the Alcoholism and Other Drug Abuse and 
Dependency Act, and Sections 74 and 75 of the Mental Health and 
Developmental Disabilities Administrative Act may be adopted 
in accordance with this subsection (y) by the respective 
Department. The adoption of emergency rules authorized by this 
subsection (y) is deemed to be necessary for the public 
interest, safety, and welfare. 
 (z) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 100-554, 
emergency rules to implement the changes made by Public Act 
100-554 to Section 4.7 of the Lobbyist Registration Act may be 
adopted in accordance with this subsection (z) by the 
Secretary of State. The adoption of emergency rules authorized 
by this subsection (z) is deemed to be necessary for the public 
interest, safety, and welfare. 
 (aa) In order to provide for the expeditious and timely 
initial implementation of the changes made to Articles 5, 5A, 
12, and 14 of the Illinois Public Aid Code under the provisions 
of Public Act 100-581, the Department of Healthcare and Family 
Services may adopt emergency rules in accordance with this 
subsection (aa). The 24-month limitation on the adoption of 
emergency rules does not apply to rules to initially implement 
the changes made to Articles 5, 5A, 12, and 14 of the Illinois 
Public Aid Code adopted under this subsection (aa). The 
adoption of emergency rules authorized by this subsection (aa) 
is deemed to be necessary for the public interest, safety, and 
welfare. 
 (bb) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 100-587, 
emergency rules to implement the changes made by Public Act 
100-587 to Section 4.02 of the Illinois Act on the Aging, 
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, 
subsection (b) of Section 55-30 of the Alcoholism and Other 
Drug Abuse and Dependency Act, Section 5-104 of the 
Specialized Mental Health Rehabilitation Act of 2013, and 
Section 75 and subsection (b) of Section 74 of the Mental 
Health and Developmental Disabilities Administrative Act may 
be adopted in accordance with this subsection (bb) by the 
respective Department. The adoption of emergency rules 
authorized by this subsection (bb) is deemed to be necessary 
for the public interest, safety, and welfare. 
 (cc) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 100-587, 
emergency rules may be adopted in accordance with this 
subsection (cc) to implement the changes made by Public Act 
100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois 
Pension Code by the Board created under Article 14 of the Code; 
Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by 
the Board created under Article 15 of the Code; and Sections 
16-190.5 and 16-190.6 of the Illinois Pension Code by the 
Board created under Article 16 of the Code. The adoption of 
emergency rules authorized by this subsection (cc) is deemed 
to be necessary for the public interest, safety, and welfare. 
 (dd) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 100-864, 
emergency rules to implement the changes made by Public Act 
100-864 to Section 3.35 of the Newborn Metabolic Screening Act 
may be adopted in accordance with this subsection (dd) by the 
Secretary of State. The adoption of emergency rules authorized 
by this subsection (dd) is deemed to be necessary for the 
public interest, safety, and welfare. 
 (ee) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 100-1172, 
emergency rules implementing the Illinois Underground Natural 
Gas Storage Safety Act may be adopted in accordance with this 
subsection by the Department of Natural Resources. The 
adoption of emergency rules authorized by this subsection is 
deemed to be necessary for the public interest, safety, and 
welfare.
 (ff) In order to provide for the expeditious and timely 
initial implementation of the changes made to Articles 5A and 
14 of the Illinois Public Aid Code under the provisions of 
Public Act 100-1181, the Department of Healthcare and Family 
Services may on a one-time-only basis adopt emergency rules in 
accordance with this subsection (ff). The 24-month limitation 
on the adoption of emergency rules does not apply to rules to 
initially implement the changes made to Articles 5A and 14 of 
the Illinois Public Aid Code adopted under this subsection 
(ff). The adoption of emergency rules authorized by this 
subsection (ff) is deemed to be necessary for the public 
interest, safety, and welfare. 
 (gg) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 101-1, 
emergency rules may be adopted by the Department of Labor in 
accordance with this subsection (gg) to implement the changes 
made by Public Act 101-1 to the Minimum Wage Law. The adoption 
of emergency rules authorized by this subsection (gg) is 
deemed to be necessary for the public interest, safety, and 
welfare. 
 (hh) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 101-10, 
emergency rules may be adopted in accordance with this 
subsection (hh) to implement the changes made by Public Act 
101-10 to subsection (j) of Section 5-5.2 of the Illinois 
Public Aid Code. The adoption of emergency rules authorized by 
this subsection (hh) is deemed to be necessary for the public 
interest, safety, and welfare. 
 (ii) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 101-10, 
emergency rules to implement the changes made by Public Act 
101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid 
Code may be adopted in accordance with this subsection (ii) by 
the Department of Public Health. The adoption of emergency 
rules authorized by this subsection (ii) is deemed to be 
necessary for the public interest, safety, and welfare. 
 (jj) In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 101-10, 
emergency rules to implement the changes made by Public Act 
101-10 to Section 74 of the Mental Health and Developmental 
Disabilities Administrative Act may be adopted in accordance 
with this subsection (jj) by the Department of Human Services. 
The adoption of emergency rules authorized by this subsection 
(jj) is deemed to be necessary for the public interest, 
safety, and welfare.
 (kk) In order to provide for the expeditious and timely 
implementation of the Cannabis Regulation and Tax Act, Public 
Act 101-27, and Public Act 102-98 this amendatory Act of the 
102nd General Assembly, the Department of Revenue, the 
Department of Public Health, the Department of Agriculture, 
the Department of State Police, and the Department of 
Financial and Professional Regulation may adopt emergency 
rules in accordance with this subsection (kk). The rulemaking 
authority granted in this subsection (kk) shall apply only to 
rules adopted before December 31, 2021. Notwithstanding the 
provisions of subsection (c), emergency rules adopted under 
this subsection (kk) shall be effective for 180 days. The 
adoption of emergency rules authorized by this subsection (kk) 
is deemed to be necessary for the public interest, safety, and 
welfare.
 (ll) In order to provide for the expeditious and timely 
implementation of the provisions of the Leveling the Playing 
Field for Illinois Retail Act, emergency rules may be adopted 
in accordance with this subsection (ll) to implement the 
changes made by the Leveling the Playing Field for Illinois 
Retail Act. The adoption of emergency rules authorized by this 
subsection (ll) is deemed to be necessary for the public 
interest, safety, and welfare.
 (mm) In order to provide for the expeditious and timely 
implementation of the provisions of Section 25-70 of the 
Sports Wagering Act, emergency rules to implement Section 
25-70 of the Sports Wagering Act may be adopted in accordance 
with this subsection (mm) by the Department of the Lottery as 
provided in the Sports Wagering Act. The adoption of emergency 
rules authorized by this subsection (mm) is deemed to be 
necessary for the public interest, safety, and welfare. 
 (nn) In order to provide for the expeditious and timely 
implementation of the Sports Wagering Act, emergency rules to 
implement the Sports Wagering Act may be adopted in accordance 
with this subsection (nn) by the Illinois Gaming Board. The 
adoption of emergency rules authorized by this subsection (nn) 
is deemed to be necessary for the public interest, safety, and 
welfare.
 (oo) In order to provide for the expeditious and timely 
implementation of the provisions of subsection (c) of Section 
20 of the Video Gaming Act, emergency rules to implement the 
provisions of subsection (c) of Section 20 of the Video Gaming 
Act may be adopted in accordance with this subsection (oo) by 
the Illinois Gaming Board. The adoption of emergency rules 
authorized by this subsection (oo) is deemed to be necessary 
for the public interest, safety, and welfare.
 (pp) In order to provide for the expeditious and timely

implementation of the provisions of Section 50 of the Sexual

Assault Evidence Submission Act, emergency rules to implement

Section 50 of the Sexual Assault Evidence Submission Act may 
be
adopted in accordance with this subsection (pp) by the

Department of State Police. The adoption of emergency rules

authorized by this subsection (pp) is deemed to be necessary

for the public interest, safety, and welfare. 
 (qq) In order to provide for the expeditious and timely 
implementation of the provisions of the Illinois Works Jobs 
Program Act, emergency rules may be adopted in accordance with 
this subsection (qq) to implement the Illinois Works Jobs 
Program Act. The adoption of emergency rules authorized by 
this subsection (qq) is deemed to be necessary for the public 
interest, safety, and welfare. 
 (rr) In order to provide for the expeditious and timely 
implementation of the provisions of subsection (c) of Section 
2-3.130 of the School Code, emergency rules to implement 
subsection (c) of Section 2-3.130 of the School Code may be 
adopted in accordance with this subsection (rr) by the State 
Board of Education. The adoption of emergency rules authorized 
by this subsection (rr) is deemed to be necessary for the 
public interest, safety, and welfare. 
(Source: P.A. 101-1, eff. 2-19-19; 101-10, Article 20, Section 
20-5, eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 
6-5-19; 101-27, eff. 6-25-19; 101-31, Article 15, Section 
15-5, eff. 6-28-19; 101-31, Article 25, Section 25-900, eff. 
6-28-19; 101-31, Article 35, Section 35-3, eff. 6-28-19; 
101-377, eff. 8-16-19; 101-601, eff. 12-10-19; 102-98, eff. 
7-15-21; 102-339, eff. 8-13-21; revised 10-6-21.)

 (5 ILCS 100/5-45.8)
 (Section scheduled to be repealed on June 17, 2022)
 Sec. 5-45.8. Emergency rulemaking; federal American Rescue 
Plan Act of 2021. To provide for the expeditious and timely 
implementation of the distribution of federal Coronavirus 
Local Fiscal Recovery Fund moneys to eligible units of local 
government in accordance with the Section 9901 of the federal 
American Rescue Plan Act of 2021, emergency rules may be 
adopted by any State agency authorized thereunder to so 
implement the distribution. The adoption of emergency rules 
authorized by Section 5-45 and this Section is deemed to be 
necessary for the public interest, safety, and welfare.
 This Section is repealed June 17, 2022 (one year after the 
effective date of Public Act 102-16) this amendatory Act of 
the 102nd General Assembly.

(Source: P.A. 102-16, eff. 6-17-21; revised 10-22-21.)

 (5 ILCS 100/5-45.9)
 (Section scheduled to be repealed on June 17, 2022)
 Sec. 5-45.9. Emergency rulemaking; Illinois Public Aid 
Code. To provide for the expeditious and timely implementation 
of the changes made to Articles 5 and 12 of the Illinois Public 
Aid Code by Public Act 102-16 this amendatory Act of the 102nd 
General Assembly, emergency rules implementing the changes 
made to Articles 5 and 12 of the Illinois Public Aid Code by 
Public Act 102-16 this amendatory Act of the 102nd General 
Assembly may be adopted in accordance with Section 5-45 by the 
Department of Healthcare and Family Services or other 
department essential to the implementation of the changes. The 
adoption of emergency rules authorized by Section 5-45 and 
this Section is deemed to be necessary for the public 
interest, safety, and welfare.
 This Section is repealed June 17, 2022 (one year after the 
effective date of Public Act 102-16) this amendatory Act of 
the 102nd General Assembly.

(Source: P.A. 102-16, eff. 6-17-21; revised 10-25-21.)



 (5 ILCS 100/5-45.15)


 Sec. 5-45.15 5-45.8. (Repealed). 
(Source: P.A. 102-39, eff. 6-25-21; revised 1-5-22. Repealed 
internally, eff. 1-1-22.)




 (5 ILCS 100/5-45.16)


 (Section scheduled to be repealed on January 1, 2027)
 Sec. 5-45.16 5-45.8. Emergency rulemaking; Medicaid 
eligibility expansion. To provide for the expeditious and 
timely implementation of the changes made to paragraph 6 of 
Section 5-2 of the Illinois Public Aid Code by Public Act 
102-43 this amendatory Act of the 102nd General Assembly, 
emergency rules implementing the changes made to paragraph 6 
of Section 5-2 of the Illinois Public Aid Code by Public Act 
102-43 this amendatory Act of the 102nd General Assembly may 
be adopted in accordance with Section 5-45 by the Department 
of Healthcare and Family Services. The adoption of emergency 
rules authorized by Section 5-45 and this Section is deemed to 
be necessary for the public interest, safety, and welfare.
 This Section is repealed on January 1, 2027.

(Source: P.A. 102-43, eff. 7-6-21; revised 10-22-21.)




 (5 ILCS 100/5-45.17)


 Sec. 5-45.17 5-45.8. (Repealed). 
(Source: P.A. 102-104, eff. 7-22-21; revised 1-5-22. Repealed 
internally, eff. 1-1-22.)




 (5 ILCS 100/5-45.18)


 (Section scheduled to be repealed on January 1, 2027)
 Sec. 5-45.18 5-45.8. Emergency rulemaking; Nursing Home 
Care Act. To provide for the expeditious and timely 
implementation of Public Act 102-640 this amendatory Act of 
the 102nd General Assembly, emergency rules implementing 
Section 3-102.3 of the Nursing Home Care Act may be adopted in 
accordance with Section 5-45 by the Department of Public 
Health. The adoption of emergency rules authorized by Section 
5-45 and this Section is deemed to be necessary for the public 
interest, safety, and welfare.
 This Section is repealed on January 1, 2027.

(Source: P.A. 102-640, eff. 8-27-21; revised 10-22-21.)




 (5 ILCS 100/5-45.19)


 (Section scheduled to be repealed on September 15, 2022)
 Sec. 5-45.19 5-45.9. Emergency rulemaking; Multi-Year 
Integrated Grid Plans. To provide for the expeditious and 
timely implementation of Section 16-105.17 of the Public 
Utilities Act, emergency rules implementing Section 16-105.17 
of the Public Utilities Act may be adopted in accordance with 
Section 5-45 by the Illinois Commerce Commission. The adoption 
of emergency rules authorized by Section 5-45 and this Section 
is deemed to be necessary for the public interest, safety, and 
welfare.
 This Section is repealed September 15, 2022 (one year 
after the effective date of Public Act 102-662) this 
amendatory Act of the 102nd General Assembly.

(Source: P.A. 102-662, eff. 9-15-21; revised 10-25-21.)


 Section 15. The Open Meetings Act is amended by changing 
Section 2 as follows:




 (5 ILCS 120/2) (from Ch. 102, par. 42)



 Sec. 2. Open meetings. 

 (a) Openness required. All meetings of public
bodies shall 
be open to the public unless excepted in subsection (c)
and 
closed in accordance with Section 2a.

 (b) Construction of exceptions. The exceptions contained 
in subsection
(c) are in derogation of the requirement that 
public bodies
meet in the open, and therefore, the exceptions 
are to be strictly
construed, extending only to subjects 
clearly within their scope.
The exceptions authorize but do 
not require the holding of
a closed meeting to discuss a 
subject included within an enumerated exception.

 (c) Exceptions. A public body may hold closed meetings to 
consider the
following subjects:

  (1) The appointment, employment, compensation, 
 discipline, performance,
or dismissal of specific 
 employees, specific individuals who serve as independent 
 contractors in a park, recreational, or educational 
 setting, or specific volunteers of the public body or 
 legal counsel for
the public body, including hearing

 testimony on a complaint lodged against an employee, a 
 specific individual who serves as an independent 
 contractor in a park, recreational, or educational 
 setting, or a volunteer of the public body or
against 
 legal counsel for the public body to determine its 
 validity. However, a meeting to consider an increase in 
 compensation to a specific employee of a public body that 
 is subject to the Local Government Wage Increase 
 Transparency Act may not be closed and shall be open to the 
 public and posted and held in accordance with this Act.

  (2) Collective negotiating matters between the public 
 body and its
employees or their representatives, or 
 deliberations concerning salary
schedules for one or more 
 classes of employees.

  (3) The selection of a person to fill a public office,

 as defined in this Act, including a vacancy in a public 
 office, when the public
body is given power to appoint 
 under law or ordinance, or the discipline,
performance or 
 removal of the occupant of a public office, when the 
 public body
is given power to remove the occupant under 
 law or ordinance. 

  (4) Evidence or testimony presented in open hearing, 
 or in closed
hearing where specifically authorized by law, 
 to
a quasi-adjudicative body, as defined in this Act, 
 provided that the body
prepares and makes available for 
 public inspection a written decision
setting forth its 
 determinative reasoning.

  (5) The purchase or lease of real property for the use 
 of
the public body, including meetings held for the 
 purpose of discussing
whether a particular parcel should 
 be acquired.

  (6) The setting of a price for sale or lease of 
 property owned
by the public body.

  (7) The sale or purchase of securities, investments, 
 or investment
contracts. This exception shall not apply to 
 the investment of assets or income of funds deposited into 
 the Illinois Prepaid Tuition Trust Fund. 

  (8) Security procedures, school building safety and 
 security, and the use of personnel and
equipment to 
 respond to an actual, a threatened, or a reasonably

 potential danger to the safety of employees, students, 
 staff, the public, or
public
property.

  (9) Student disciplinary cases.

  (10) The placement of individual students in special 
 education
programs and other matters relating to 
 individual students.

  (11) Litigation, when an action against, affecting or 
 on behalf of the
particular public body has been filed and 
 is pending before a court or
administrative tribunal, or 
 when the public body finds that an action is
probable or 
 imminent, in which case the basis for the finding shall be

 recorded and entered into the minutes of the closed 
 meeting.

  (12) The establishment of reserves or settlement of 
 claims as provided
in the Local Governmental and 
 Governmental Employees Tort Immunity Act, if
otherwise the 
 disposition of a claim or potential claim might be

 prejudiced, or the review or discussion of claims, loss or 
 risk management
information, records, data, advice or 
 communications from or with respect
to any insurer of the 
 public body or any intergovernmental risk management

 association or self insurance pool of which the public 
 body is a member.

  (13) Conciliation of complaints of discrimination in 
 the sale or rental
of housing, when closed meetings are 
 authorized by the law or ordinance
prescribing fair 
 housing practices and creating a commission or

 administrative agency for their enforcement.

  (14) Informant sources, the hiring or assignment of 
 undercover personnel
or equipment, or ongoing, prior or 
 future criminal investigations, when
discussed by a public 
 body with criminal investigatory responsibilities.

  (15) Professional ethics or performance when 
 considered by an advisory
body appointed to advise a 
 licensing or regulatory agency on matters
germane to the 
 advisory body's field of competence.

  (16) Self evaluation, practices and procedures or 
 professional ethics,
when meeting with a representative of 
 a statewide association of which the
public body is a 
 member.

  (17) The recruitment, credentialing, discipline or 
 formal peer review
of physicians or other
health care 
 professionals, or for the discussion of matters protected 
 under the federal Patient Safety and Quality Improvement 
 Act of 2005, and the regulations promulgated thereunder, 
 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
 Health Insurance Portability and Accountability Act of 
 1996, and the regulations promulgated thereunder, 
 including 45 C.F.R. Parts 160, 162, and 164, by a 
 hospital, or
other institution providing medical care, 
 that is operated by the public body.

  (18) Deliberations for decisions of the Prisoner 
 Review Board.

  (19) Review or discussion of applications received 
 under the
Experimental Organ Transplantation Procedures 
 Act.

  (20) The classification and discussion of matters 
 classified as
confidential or continued confidential by 
 the State Government Suggestion Award
Board.

  (21) Discussion of minutes of meetings lawfully closed 
 under this Act,
whether for purposes of approval by the 
 body of the minutes or semi-annual
review of the minutes 
 as mandated by Section 2.06.

  (22) Deliberations for decisions of the State

 Emergency Medical Services Disciplinary
Review Board.

  (23) The operation by a municipality of a municipal 
 utility or the
operation of a
municipal power agency or 
 municipal natural gas agency when the
discussion involves 
 (i) contracts relating to the
purchase, sale, or delivery 
 of electricity or natural gas or (ii) the results
or 
 conclusions of load forecast studies.

  (24) Meetings of a residential health care facility 
 resident sexual
assault and death review
team or
the 
 Executive
Council under the Abuse Prevention Review
Team 
 Act.

  (25) Meetings of an independent team of experts under 
 Brian's Law. 
  (26) Meetings of a mortality review team appointed 
 under the Department of Juvenile Justice Mortality Review 
 Team Act. 
  (27) (Blank). 
  (28) Correspondence and records (i) that may not be 
 disclosed under Section 11-9 of the Illinois Public Aid 
 Code or (ii) that pertain to appeals under Section 11-8 of 
 the Illinois Public Aid Code. 
  (29) Meetings between internal or external auditors 
 and governmental audit committees, finance committees, and 
 their equivalents, when the discussion involves internal 
 control weaknesses, identification of potential fraud risk 
 areas, known or suspected frauds, and fraud interviews 
 conducted in accordance with generally accepted auditing 
 standards of the United States of America.
  (30) Those meetings or portions of meetings of a 
 fatality review team or the Illinois Fatality Review Team 
 Advisory Council during which a review of the death of an 
 eligible adult in which abuse or neglect is suspected, 
 alleged, or substantiated is conducted pursuant to Section 
 15 of the Adult Protective Services Act. 
  (31) Meetings and deliberations for decisions of the 
 Concealed Carry Licensing Review Board under the Firearm 
 Concealed Carry Act. 
  (32) Meetings between the Regional Transportation 
 Authority Board and its Service Boards when the discussion 
 involves review by the Regional Transportation Authority 
 Board of employment contracts under Section 28d of the 
 Metropolitan Transit Authority Act and Sections 3A.18 and 
 3B.26 of the Regional Transportation Authority Act.
  (33) Those meetings or portions of meetings of the 
 advisory committee and peer review subcommittee created 
 under Section 320 of the Illinois Controlled Substances 
 Act during which specific controlled substance prescriber, 
 dispenser, or patient information is discussed.
  (34) Meetings of the Tax Increment Financing Reform 
 Task Force under Section 2505-800 of the Department of 
 Revenue Law of the Civil Administrative Code of Illinois. 
  (35) Meetings of the group established to discuss 
 Medicaid capitation rates under Section 5-30.8 of the 
 Illinois Public Aid Code. 
  (36) Those deliberations or portions of deliberations 
 for decisions of the Illinois Gaming Board in which there 
 is discussed any of the following: (i) personal, 
 commercial, financial, or other information obtained from 
 any source that is privileged, proprietary, confidential, 
 or a trade secret; or (ii) information specifically 
 exempted from the disclosure by federal or State law.
  (37) Deliberations for decisions of the Illinois Law

 Enforcement Training Standards Board, the Certification 
 Review Panel, and the Illinois State Police Merit Board 
 regarding certification and decertification. 
  (38) Meetings of the Ad Hoc Statewide Domestic

 Violence Fatality Review Committee of the Illinois 
 Criminal
Justice Information Authority Board that occur in 
 closed executive session under subsection (d) of Section 
 35 of the Domestic Violence Fatality Review Act. 
  (39) Meetings of the regional review teams under 
 subsection (a) of Section 75 of the Domestic Violence 
 Fatality Review Act. 
  (40) (38) Meetings of the Firearm Owner's 
 Identification Card Review Board under Section 10 of the 
 Firearm Owners Identification Card Act. 
 (d) Definitions. For purposes of this Section:

 "Employee" means a person employed by a public body whose 
relationship
with the public body constitutes an 
employer-employee relationship under
the usual common law 
rules, and who is not an independent contractor.

 "Public office" means a position created by or under the

Constitution or laws of this State, the occupant of which is 
charged with
the exercise of some portion of the sovereign 
power of this State. The term
"public office" shall include 
members of the public body, but it shall not
include 
organizational positions filled by members thereof, whether

established by law or by a public body itself, that exist to 
assist the
body in the conduct of its business.

 "Quasi-adjudicative body" means an administrative body 
charged by law or
ordinance with the responsibility to conduct 
hearings, receive evidence or
testimony and make 
determinations based
thereon, but does not include
local 
electoral boards when such bodies are considering petition 
challenges.

 (e) Final action. No final action may be taken at a closed 
meeting.
Final action shall be preceded by a public recital of 
the nature of the
matter being considered and other 
information that will inform the
public of the business being 
conducted. 

(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; 
101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. 
8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)

 Section 20. The Freedom of Information Act is amended by 
changing Section 7.5 as follows:



 (5 ILCS 140/7.5)



 Sec. 7.5. Statutory exemptions. To the extent provided for 
by the statutes referenced below, the following shall be 
exempt from inspection and copying:
  (a) All information determined to be confidential 
 under Section 4002 of the Technology Advancement and 
 Development Act.
  (b) Library circulation and order records identifying 
 library users with specific materials under the Library 
 Records Confidentiality Act.
  (c) Applications, related documents, and medical 
 records received by the Experimental Organ Transplantation 
 Procedures Board and any and all documents or other 
 records prepared by the Experimental Organ Transplantation 
 Procedures Board or its staff relating to applications it 
 has received.
  (d) Information and records held by the Department of 
 Public Health and its authorized representatives relating 
 to known or suspected cases of sexually transmissible 
 disease or any information the disclosure of which is 
 restricted under the Illinois Sexually Transmissible 
 Disease Control Act.
  (e) Information the disclosure of which is exempted 
 under Section 30 of the Radon Industry Licensing Act.
  (f) Firm performance evaluations under Section 55 of 
 the Architectural, Engineering, and Land Surveying 
 Qualifications Based Selection Act.
  (g) Information the disclosure of which is restricted 
 and exempted under Section 50 of the Illinois Prepaid 
 Tuition Act.
  (h) Information the disclosure of which is exempted 
 under the State Officials and Employees Ethics Act, and 
 records of any lawfully created State or local inspector 
 general's office that would be exempt if created or 
 obtained by an Executive Inspector General's office under 
 that Act.
  (i) Information contained in a local emergency energy 
 plan submitted to a municipality in accordance with a 
 local emergency energy plan ordinance that is adopted 
 under Section 11-21.5-5 of the Illinois Municipal Code.
  (j) Information and data concerning the distribution 
 of surcharge moneys collected and remitted by carriers 
 under the Emergency Telephone System Act.
  (k) Law enforcement officer identification information 
 or driver identification information compiled by a law 
 enforcement agency or the Department of Transportation 
 under Section 11-212 of the Illinois Vehicle Code.
  (l) Records and information provided to a residential 
 health care facility resident sexual assault and death 
 review team or the Executive Council under the Abuse 
 Prevention Review Team Act.
  (m) Information provided to the predatory lending 
 database created pursuant to Article 3 of the Residential 
 Real Property Disclosure Act, except to the extent 
 authorized under that Article.
  (n) Defense budgets and petitions for certification of 
 compensation and expenses for court appointed trial 
 counsel as provided under Sections 10 and 15 of the 
 Capital Crimes Litigation Act. This subsection (n) shall 
 apply until the conclusion of the trial of the case, even 
 if the prosecution chooses not to pursue the death penalty 
 prior to trial or sentencing.
  (o) Information that is prohibited from being 
 disclosed under Section 4 of the Illinois Health and 
 Hazardous Substances Registry Act.
  (p) Security portions of system safety program plans, 
 investigation reports, surveys, schedules, lists, data, or 
 information compiled, collected, or prepared by or for the 
 Department of Transportation under Sections 2705-300 and 
 2705-616 of the Department of Transportation Law of the 
 Civil Administrative Code of Illinois, the Regional 
 Transportation Authority under Section 2.11 of the 
 Regional Transportation Authority Act, or the St. Clair 
 County Transit District under the Bi-State Transit Safety 
 Act. 
  (q) Information prohibited from being disclosed by the 
 Personnel Record Review Act. 
  (r) Information prohibited from being disclosed by the 
 Illinois School Student Records Act. 
  (s) Information the disclosure of which is restricted 
 under Section 5-108 of the Public Utilities Act. 

  (t) All identified or deidentified health information 
 in the form of health data or medical records contained 
 in, stored in, submitted to, transferred by, or released 
 from the Illinois Health Information Exchange, and 
 identified or deidentified health information in the form 
 of health data and medical records of the Illinois Health 
 Information Exchange in the possession of the Illinois 
 Health Information Exchange Office due to its 
 administration of the Illinois Health Information 
 Exchange. The terms "identified" and "deidentified" shall 
 be given the same meaning as in the Health Insurance 
 Portability and Accountability Act of 1996, Public Law 
 104-191, or any subsequent amendments thereto, and any 
 regulations promulgated thereunder. 
  (u) Records and information provided to an independent 
 team of experts under the Developmental Disability and 
 Mental Health Safety Act (also known as Brian's Law). 
  (v) Names and information of people who have applied 
 for or received Firearm Owner's Identification Cards under 
 the Firearm Owners Identification Card Act or applied for 
 or received a concealed carry license under the Firearm 
 Concealed Carry Act, unless otherwise authorized by the 
 Firearm Concealed Carry Act; and databases under the 
 Firearm Concealed Carry Act, records of the Concealed 
 Carry Licensing Review Board under the Firearm Concealed 
 Carry Act, and law enforcement agency objections under the 
 Firearm Concealed Carry Act. 
  (v-5) Records of the Firearm Owner's Identification 
 Card Review Board that are exempted from disclosure under 
 Section 10 of the Firearm Owners Identification Card Act.
  (w) Personally identifiable information which is 
 exempted from disclosure under subsection (g) of Section 
 19.1 of the Toll Highway Act.
  (x) Information which is exempted from disclosure 
 under Section 5-1014.3 of the Counties Code or Section 
 8-11-21 of the Illinois Municipal Code. 
  (y) Confidential information under the Adult 
 Protective Services Act and its predecessor enabling 
 statute, the Elder Abuse and Neglect Act, including 
 information about the identity and administrative finding 
 against any caregiver of a verified and substantiated 
 decision of abuse, neglect, or financial exploitation of 
 an eligible adult maintained in the Registry established 
 under Section 7.5 of the Adult Protective Services Act. 
  (z) Records and information provided to a fatality 
 review team or the Illinois Fatality Review Team Advisory 
 Council under Section 15 of the Adult Protective Services 
 Act. 
  (aa) Information which is exempted from disclosure 
 under Section 2.37 of the Wildlife Code. 
  (bb) Information which is or was prohibited from 
 disclosure by the Juvenile Court Act of 1987. 
  (cc) Recordings made under the Law Enforcement 
 Officer-Worn Body Camera Act, except to the extent 
 authorized under that Act.
  (dd) Information that is prohibited from being 
 disclosed under Section 45 of the Condominium and Common 
 Interest Community Ombudsperson Act. 
  (ee) Information that is exempted from disclosure 
 under Section 30.1 of the Pharmacy Practice Act. 
  (ff) Information that is exempted from disclosure 
 under the Revised Uniform Unclaimed Property Act. 
  (gg) Information that is prohibited from being 
 disclosed under Section 7-603.5 of the Illinois Vehicle 
 Code. 
  (hh) Records that are exempt from disclosure under 
 Section 1A-16.7 of the Election Code. 
  (ii) Information which is exempted from disclosure 
 under Section 2505-800 of the Department of Revenue Law of 
 the Civil Administrative Code of Illinois. 
  (jj) Information and reports that are required to be 
 submitted to the Department of Labor by registering day 
 and temporary labor service agencies but are exempt from 
 disclosure under subsection (a-1) of Section 45 of the Day 
 and Temporary Labor Services Act. 
  (kk) Information prohibited from disclosure under the 
 Seizure and Forfeiture Reporting Act. 
  (ll) Information the disclosure of which is restricted 
 and exempted under Section 5-30.8 of the Illinois Public 
 Aid Code. 
  (mm) Records that are exempt from disclosure under 
 Section 4.2 of the Crime Victims Compensation Act. 
  (nn) Information that is exempt from disclosure under 
 Section 70 of the Higher Education Student Assistance Act. 
  (oo) Communications, notes, records, and reports 
 arising out of a peer support counseling session 
 prohibited from disclosure under the First Responders 
 Suicide Prevention Act. 
  (pp) Names and all identifying information relating to 
 an employee of an emergency services provider or law 
 enforcement agency under the First Responders Suicide 
 Prevention Act. 
  (qq) Information and records held by the Department of 
 Public Health and its authorized representatives collected 
 under the Reproductive Health Act. 
  (rr) Information that is exempt from disclosure under 
 the Cannabis Regulation and Tax Act. 
  (ss) Data reported by an employer to the Department of 
 Human Rights pursuant to Section 2-108 of the Illinois 
 Human Rights Act.
  (tt) Recordings made under the Children's Advocacy 
 Center Act, except to the extent authorized under that 
 Act. 
  (uu) Information that is exempt from disclosure under 
 Section 50 of the Sexual Assault Evidence Submission Act. 
  (vv) Information that is exempt from disclosure under 
 subsections (f) and (j) of Section 5-36 of the Illinois 
 Public Aid Code. 
  (ww) Information that is exempt from disclosure under 
 Section 16.8 of the State Treasurer Act. 
  (xx) Information that is exempt from disclosure or 
 information that shall not be made public under the 
 Illinois Insurance Code. 
  (yy) Information prohibited from being disclosed under 
 the Illinois Educational Labor Relations Act.
  (zz) Information prohibited from being disclosed under 
 the Illinois Public Labor Relations Act. 
  (aaa) Information prohibited from being disclosed 
 under Section 1-167 of the Illinois Pension Code. 
  (bbb) (ccc) Information that is prohibited from 
 disclosure by the Illinois Police Training Act and the 
 Illinois State Police Act. 
  (ccc) (ddd) Records exempt from disclosure under 
 Section
2605-304 of the Illinois Department of State 
 Police Law of the Civil
Administrative Code of Illinois. 
  (ddd) (bbb) Information prohibited from being 
 disclosed under Section 35 of the Address Confidentiality 
 for Victims of Domestic Violence, Sexual Assault, Human 
 Trafficking, or Stalking Act. 
  (eee) (ddd) Information prohibited from being 
 disclosed under subsection (b) of Section 75 of the 
 Domestic Violence Fatality Review Act. 
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
102-559, eff. 8-20-21; revised 10-5-21.)

 Section 25. The Illinois Public Labor Relations Act is 
amended by changing Sections 3, 9, and 10 as follows:

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

 Sec. 3. Definitions.  As used in this Act, unless the 
context
otherwise requires:


 (a) "Board" means the Illinois
Labor Relations Board or, 
with respect to a matter over which the
jurisdiction of the 
Board is assigned to the State Panel or the Local Panel
under 
Section 5, the panel having jurisdiction over the matter.


 (b) "Collective bargaining" means bargaining over terms 
and conditions
of employment, including hours, wages, and 
other conditions of employment,
as detailed in Section 7 and 
which are not excluded by Section 4.


 (c) "Confidential employee" means an employee who, in the 
regular course
of his or her duties, assists and acts in a 
confidential capacity to persons
who formulate, determine, and 
effectuate management policies with regard
to labor relations 
or who, in the regular course of his or her duties, has

authorized access to information relating to the effectuation

or review of the employer's collective bargaining policies.

Determinations of confidential employee status shall be based 
on actual employee job duties and not solely on written job 
descriptions.

 (d) "Craft employees" means skilled journeymen, crafts 
persons, and their
apprentices and helpers.


 (e) "Essential services employees" means those public 
employees
performing functions so essential that the 
interruption or termination of
the function will constitute a 
clear and present danger to the health and
safety of the 
persons in the affected community.


 (f) "Exclusive representative", except with respect to 
non-State fire
fighters and paramedics employed by fire 
departments and fire protection
districts, non-State peace 
officers, and peace officers in the
Illinois State Police, 
means the labor organization that has
been (i) designated by 
the Board as the representative of a majority of public

employees in an appropriate bargaining unit in accordance with 
the procedures
contained in this Act; , (ii) historically

recognized by the State of Illinois or
any political 
subdivision of the State before July 1, 1984
(the effective 
date of this
Act) as the exclusive representative of the 
employees in an appropriate
bargaining unit; , (iii) after July 
1, 1984 (the
effective date of this Act) recognized by an

employer upon evidence, acceptable to the Board, that the 
labor
organization has been designated as the exclusive 
representative by a
majority of the employees in an 
appropriate bargaining unit;
(iv) recognized as the exclusive 
representative of personal
assistants under Executive Order 
2003-8 prior to July 16, 2003 (the effective date of Public Act 
93-204) this
amendatory
Act of the 93rd General Assembly, and 
the organization shall be considered to
be the
exclusive 
representative of the personal assistants
as defined
in this 
Section; or (v) recognized as the exclusive representative of 
child and day care home providers, including licensed and 
license exempt providers, pursuant to an election held under 
Executive Order 2005-1 prior to January 1, 2006 (the effective 
date of Public Act 94-320) this amendatory Act of the 94th 
General Assembly, and the organization shall be considered to 
be the exclusive representative of the child and day care home 
providers as defined in this Section.


 With respect to non-State fire fighters and paramedics 
employed by fire
departments and fire protection districts, 
non-State peace officers, and
peace officers in the Illinois 
State Police,
"exclusive representative" means the labor 
organization that has
been (i) designated by the Board as the 
representative of a majority of peace
officers or fire 
fighters in an appropriate bargaining unit in accordance
with 
the procedures contained in this Act, (ii)
historically 
recognized
by the State of Illinois or any political 
subdivision of the State before
January 1, 1986 (the effective 
date of this amendatory Act of 1985) as the exclusive

representative by a majority of the peace officers or fire 
fighters in an
appropriate bargaining unit, or (iii) after 
January 1,
1986 (the effective date of this amendatory
Act of 
1985) recognized by an employer upon evidence, acceptable to 
the
Board, that the labor organization has been designated as 
the exclusive
representative by a majority of the peace 
officers or fire fighters in an
appropriate bargaining unit.


 Where a historical pattern of representation exists for 
the workers of a water system that was owned by a public 
utility, as defined in Section 3-105 of the Public Utilities 
Act, prior to becoming certified employees of a municipality 
or municipalities once the municipality or municipalities have 
acquired the water system as authorized in Section 11-124-5 of 
the Illinois Municipal Code, the Board shall find the labor 
organization that has historically represented the workers to 
be the exclusive representative under this Act, and shall find 
the unit represented by the exclusive representative to be the 
appropriate unit. 
 (g) "Fair share agreement" means an agreement between the 
employer and
an employee organization under which all or any 
of the employees in a
collective bargaining unit are required 
to pay their proportionate share of
the costs of the 
collective bargaining process, contract administration, and

pursuing matters affecting wages, hours, and other conditions 
of employment,
but not to exceed the amount of dues uniformly 
required of members. The
amount certified by the exclusive 
representative shall not include any fees
for contributions 
related to the election or support of any candidate for

political office. Nothing in this subsection (g) shall

preclude an employee from making
voluntary political 
contributions in conjunction with his or her fair share

payment.


 (g-1) "Fire fighter" means, for the purposes of this Act 
only, any
person who has been or is hereafter appointed to a 
fire department or fire
protection district or employed by a 
state university and sworn or
commissioned to perform fire 
fighter duties or paramedic duties, including paramedics 
employed by a unit of local government, except that the

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

auxiliary, reserve or voluntary fire fighters, including paid 
on-call fire
fighters, clerks and dispatchers or other 
civilian employees of a fire
department or fire protection 
district who are not routinely expected to
perform fire 
fighter duties, or elected officials.


 (g-2) "General Assembly of the State of Illinois" means 
the
legislative branch of the government of the State of 
Illinois, as provided
for under Article IV of the Constitution 
of the State of Illinois, and
includes, but is not limited to, 
the House of Representatives, the Senate,
the Speaker of the 
House of Representatives, the Minority Leader of the
House of 
Representatives, the President of the Senate, the Minority 
Leader
of the Senate, the Joint Committee on Legislative 
Support Services, and any
legislative support services agency 
listed in the Legislative Commission
Reorganization Act of 
1984.


 (h) "Governing body" means, in the case of the State, the 
State Panel of
the Illinois Labor Relations Board, the 
Director of the Department of Central
Management Services, and 
the Director of the Department of Labor; the county
board in 
the case of a county; the corporate authorities in the case of 
a
municipality; and the appropriate body authorized to provide 
for expenditures
of its funds in the case of any other unit of 
government.


 (i) "Labor organization" means any organization in which 
public employees
participate and that exists for the purpose, 
in whole or in part, of dealing
with a public employer 
concerning wages, hours, and other terms and conditions
of 
employment, including the settlement of grievances.


 (i-5) "Legislative liaison" means a person who is an 
employee of a State agency, the Attorney General, the 
Secretary of State, the Comptroller, or the Treasurer, as the 
case may be, and whose job duties require the person to 
regularly communicate in the course of his or her employment 
with any official or staff of the General Assembly of the State 
of Illinois for the purpose of influencing any legislative 
action.
 (j) "Managerial employee" means an individual who is 
engaged
predominantly in executive and management functions 
and is charged with the
responsibility of directing the 
effectuation of management policies
and practices. 
Determination of managerial employee status shall be based on 
actual employee job duties and not solely on written job 
descriptions. With respect only to State employees in 
positions under the jurisdiction of the Attorney General, 
Secretary of State, Comptroller, or Treasurer (i) that were 
certified in a bargaining unit on or after December 2, 2008, 
(ii) for which a petition is filed with the Illinois Public 
Labor Relations Board on or after April 5, 2013 (the effective 
date of Public Act 97-1172), or (iii) for which a petition is 
pending before the Illinois Public Labor Relations Board on 
that date, "managerial employee" means an individual who is 
engaged in executive and management functions or who is 
charged with the effectuation of management policies and 
practices or who represents management interests by taking or 
recommending discretionary actions that effectively control or 
implement policy. Nothing in this definition prohibits an 
individual from also meeting the definition of "supervisor" 
under subsection (r) of this Section.


 (k) "Peace officer" means, for the purposes of this Act 
only, any
persons who have been or are hereafter appointed to a 
police force,
department, or agency and sworn or commissioned 
to perform police duties,
except that the following persons 
are not
included: part-time police
officers, special police 
officers, auxiliary police as defined by Section
3.1-30-20 of 
the Illinois Municipal Code, night watchmen, "merchant 
police",
court security officers as defined by Section 
3-6012.1 of the Counties
Code,
temporary employees, traffic 
guards or wardens, civilian parking meter and
parking 
facilities personnel or other individuals specially appointed 
to
aid or direct traffic at or near schools or public functions 
or to aid in
civil defense or disaster, parking enforcement 
employees who are not
commissioned as peace officers and who 
are not armed and who are not
routinely expected to effect 
arrests, parking lot attendants, clerks and
dispatchers or 
other civilian employees of a police department who are not

routinely expected to effect arrests, or elected officials.


 (l) "Person" includes one or more individuals, labor 
organizations, public
employees, associations, corporations, 
legal representatives, trustees,
trustees in bankruptcy, 
receivers, or the State of Illinois or any political

subdivision of the State or governing body, but does not 
include the General
Assembly of the State of Illinois or any 
individual employed by the General
Assembly of the State of 
Illinois.


 (m) "Professional employee" means any employee engaged in 
work predominantly
intellectual and varied in character rather 
than routine mental, manual,
mechanical or physical work; 
involving the consistent exercise of discretion
and adjustment 
in its performance; of such a character that the output 
produced
or the result accomplished cannot be standardized in 
relation to a given
period of time; and requiring advanced 
knowledge in a field of science or
learning customarily 
acquired by a prolonged course of specialized intellectual

instruction and study in an institution of higher learning or 
a hospital,
as distinguished from a general academic education 
or from apprenticeship
or from training in the performance of 
routine mental, manual, or physical
processes; or any employee 
who has completed the courses of specialized
intellectual 
instruction and study prescribed in this subsection (m) and is

performing related
work under the supervision of a 
professional person to qualify to become
a professional 
employee as defined in this subsection (m).


 (n) "Public employee" or "employee", for the purposes of 
this Act, means
any individual employed by a public employer, 
including (i) interns and residents
at public hospitals, (ii) 
as of July 16, 2003 (the effective date of Public Act 93-204) 
this amendatory Act of the 93rd General
Assembly, but not

before, personal assistants working under the Home
Services

Program under Section 3 of the Rehabilitation of Persons with 
Disabilities Act, subject to
the
limitations set forth in this 
Act and in the Rehabilitation of Persons with Disabilities

Act,
(iii) as of January 1, 2006 (the effective date of Public 
Act 94-320) this amendatory Act of the 94th General Assembly, 
but not before, child and day care home providers 
participating in the child care assistance program under 
Section 9A-11 of the Illinois Public Aid Code, subject to the 
limitations set forth in this Act and in Section 9A-11 of the 
Illinois Public Aid Code, (iv) as of January 29, 2013 (the 
effective date of Public Act 97-1158), but not before except 
as otherwise provided in this subsection (n), home care and 
home health workers who function as personal assistants and 
individual maintenance home health workers and who also work 
under the Home Services Program under Section 3 of the 
Rehabilitation of Persons with Disabilities Act, no matter 
whether the State provides those services through direct 
fee-for-service arrangements, with the assistance of a managed 
care organization or other intermediary, or otherwise, (v) 
beginning on July 19, 2013 (the effective date of Public Act 
98-100) this amendatory Act of the 98th General Assembly and 
notwithstanding any other provision of this Act, any person 
employed by a public employer and who is classified as or who 
holds the employment title of Chief Stationary Engineer, 
Assistant Chief Stationary Engineer, Sewage Plant Operator, 
Water Plant Operator, Stationary Engineer, Plant Operating 
Engineer, and any other employee who holds the position of: 
Civil Engineer V, Civil Engineer VI, Civil Engineer VII, 
Technical Manager I, Technical Manager II, Technical Manager 
III, Technical Manager IV, Technical Manager V, Technical 
Manager VI, Realty Specialist III, Realty Specialist IV, 
Realty Specialist V, Technical Advisor I, Technical Advisor 
II, Technical Advisor III, Technical Advisor IV, or Technical 
Advisor V employed by the Department of Transportation who is 
in a position which is certified in a bargaining unit on or 
before July 19, 2013 (the effective date of Public Act 98-100) 
this amendatory Act of the 98th General Assembly, and (vi) 
beginning on July 19, 2013 (the effective date of Public Act 
98-100) this amendatory Act of the 98th General Assembly and 
notwithstanding any other provision of this Act, any mental 
health administrator in the Department of Corrections who is 
classified as or who holds the position of Public Service 
Administrator (Option 8K), any employee of the Office of the 
Inspector General in the Department of Human Services who is 
classified as or who holds the position of Public Service 
Administrator (Option 7), any Deputy of Intelligence in the 
Department of Corrections who is classified as or who holds 
the position of Public Service Administrator (Option 7), and 
any employee of the Illinois State Police who handles issues 
concerning the Illinois State Police Sex Offender Registry and 
who is classified as or holds the position of Public Service 
Administrator (Option 7), but excluding all of the following: 
employees of the
General Assembly of the State of Illinois; 
elected officials; executive
heads of a department; members of 
boards or commissions; the Executive
Inspectors General; any 
special Executive Inspectors General; employees of each
Office 
of an Executive Inspector General;
commissioners and employees 
of the Executive Ethics Commission; the Auditor
General's 
Inspector General; employees of the Office of the Auditor 
General's
Inspector General; the Legislative Inspector 
General; any special Legislative
Inspectors General; employees 
of the Office
of the Legislative Inspector General;

commissioners and employees of the Legislative Ethics 
Commission;
employees
of any
agency, board or commission 
created by this Act; employees appointed to
State positions of 
a temporary or emergency nature; all employees of school

districts and higher education institutions except 
firefighters and peace
officers employed
by a state university 
and except peace officers employed by a school district in its 
own police department in existence on July 23, 2010 (the 
effective date of Public Act 96-1257) this amendatory Act of 
the 96th General Assembly; managerial employees; short-term 
employees; legislative liaisons; a person who is a State 
employee under the jurisdiction of the Office of the Attorney 
General who is licensed to practice law or whose position 
authorizes, either directly or indirectly, meaningful input 
into government decision-making on issues where there is room 
for principled disagreement on goals or their implementation; 
a person who is a State employee under the jurisdiction of the 
Office of the Comptroller who holds the position of Public 
Service Administrator or whose position is otherwise exempt 
under the Comptroller Merit Employment Code; a person who is a 
State employee under the jurisdiction of the Secretary of 
State who holds the position classification of Executive I or 
higher, whose position authorizes, either directly or 
indirectly, meaningful input into government decision-making 
on issues where there is room for principled disagreement on 
goals or their implementation, or who is otherwise exempt 
under the Secretary of State Merit Employment Code; employees 
in the Office of the Secretary of State who are completely 
exempt from jurisdiction B of the Secretary of State Merit 
Employment Code and who are in Rutan-exempt positions on or 
after April 5, 2013 (the effective date of Public Act 
97-1172); a person who is a State employee under the 
jurisdiction of the Treasurer who holds a position that is 
exempt from the State Treasurer Employment Code; any employee 
of a State agency who (i) holds the title or position of, or 
exercises substantially similar duties as a legislative 
liaison, Agency General Counsel, Agency Chief of Staff, Agency 
Executive Director, Agency Deputy Director, Agency Chief 
Fiscal Officer, Agency Human Resources Director, Public 
Information Officer, or Chief Information Officer and (ii) was 
neither included in a bargaining unit nor subject to an active 
petition for certification in a bargaining unit; any employee 
of a State agency who (i) is in a position that is 
Rutan-exempt, as designated by the employer, and completely 
exempt from jurisdiction B of the Personnel Code and (ii) was 
neither included in a bargaining unit nor subject to an active 
petition for certification in a bargaining unit; any term 
appointed employee of a State agency pursuant to Section 8b.18 
or 8b.19 of the Personnel Code who was neither included in a 
bargaining unit nor subject to an active petition for 
certification in a bargaining unit; any employment position 
properly designated pursuant to Section 6.1 of this Act;

confidential employees; independent contractors; and 
supervisors except as
provided in this Act.


 Home care
and home health workers who function as personal 
assistants and individual maintenance home health workers and 
who also work under the Home Services Program under Section 3 
of the Rehabilitation of Persons with Disabilities Act shall 
not be considered
public
employees for any purposes not 
specifically provided for in Public Act 93-204 or Public Act 
97-1158, including, but not limited to, purposes of vicarious

liability in tort
and purposes of statutory retirement or 
health insurance benefits. Home care and home health workers 
who function as personal assistants and individual maintenance 
home health workers and who also work under the Home Services 
Program under Section 3 of the Rehabilitation of Persons with 
Disabilities Act shall not be covered by the State Employees

Group
Insurance Act of 1971.


 Child and day care home providers shall not be considered 
public employees for any purposes not specifically provided 
for in Public Act 94-320 this amendatory Act of the 94th 
General Assembly, including, but not limited to, purposes of 
vicarious liability in tort and purposes of statutory 
retirement or health insurance benefits. Child and day care 
home providers shall not be covered by the State Employees 
Group Insurance Act of 1971.
 Notwithstanding Section 9, subsection (c), or any other 
provisions of
this Act, all peace officers above the rank of 
captain in
municipalities with more than 1,000,000 inhabitants 
shall be excluded
from this Act.


 (o) Except as otherwise in subsection (o-5), "public 
employer" or "employer" means the State of Illinois; any

political subdivision of the State, unit of local government 
or school
district; authorities including departments, 
divisions, bureaus, boards,
commissions, or other agencies of 
the foregoing entities; and any person
acting within the scope 
of his or her authority, express or implied, on
behalf of those 
entities in dealing with its employees.
As of July 16, 2003 
(the effective date of Public Act 93-204) the amendatory Act 
of the 93rd General Assembly,
but not
before, the State of 
Illinois shall be considered the employer of the personal 
assistants working under the Home Services Program
under

Section 3 of the Rehabilitation of Persons with Disabilities 
Act, subject to the
limitations set forth
in this Act and in 
the Rehabilitation of Persons with Disabilities Act. As of 
January 29, 2013 (the effective date of Public Act 97-1158), 
but not before except as otherwise provided in this subsection 
(o), the State shall be considered the employer of home care 
and home health workers who function as personal assistants 
and individual maintenance home health workers and who also 
work under the Home Services Program under Section 3 of the 
Rehabilitation of Persons with Disabilities Act, no matter 
whether the State provides those services through direct 
fee-for-service arrangements, with the assistance of a managed 
care organization or other intermediary, or otherwise, but 
subject to the limitations set forth in this Act and the 
Rehabilitation of Persons with Disabilities Act. The State 
shall not
be
considered to be the employer of home care and 
home health workers who function as personal
assistants and 
individual maintenance home health workers and who also work 
under the Home Services Program under Section 3 of the 
Rehabilitation of Persons with Disabilities Act, for any

purposes not specifically provided for in Public Act 93-204 or 
Public Act 97-1158, including but not limited to, purposes of 
vicarious liability in tort
and
purposes of statutory 
retirement or health insurance benefits. Home care and home 
health workers who function as
personal assistants and 
individual maintenance home health workers and who also work 
under the Home Services Program under Section 3 of the 
Rehabilitation of Persons with Disabilities Act shall not be 
covered by the State Employees Group
Insurance Act of 1971.
As 
of January 1, 2006 (the effective date of Public Act 94-320) 
this amendatory Act of the 94th General Assembly but not 
before, the State of Illinois shall be considered the employer 
of the day and child care home providers participating in the 
child care assistance program under Section 9A-11 of the 
Illinois Public Aid Code, subject to the limitations set forth 
in this Act and in Section 9A-11 of the Illinois Public Aid 
Code. The State shall not be considered to be the employer of 
child and day care home providers for any purposes not 
specifically provided for in Public Act 94-320 this amendatory 
Act of the 94th General Assembly, including, but not limited 
to, purposes of vicarious liability in tort and purposes of 
statutory retirement or health insurance benefits. Child and 
day care home providers shall not be covered by the State 
Employees Group Insurance Act of 1971.
 "Public employer" or
"employer" as used in this Act, 
however, does not
mean and shall not include the General 
Assembly of the State of Illinois,
the Executive Ethics 
Commission, the Offices of the Executive Inspectors
General, 
the Legislative Ethics Commission, the Office of the 
Legislative
Inspector General, the Office of the Auditor 
General's Inspector General, the Office of the Governor, the 
Governor's Office of Management and Budget, the Illinois 
Finance Authority, the Office of the Lieutenant Governor, the 
State Board of Elections, and educational employers or 
employers as defined in the Illinois
Educational Labor 
Relations Act, except with respect to a state university in

its employment of firefighters and peace officers and except 
with respect to a school district in the employment of peace 
officers in its own police department in existence on July 23, 
2010 (the effective date of Public Act 96-1257) this 
amendatory Act of the 96th General Assembly. County boards and 
county
sheriffs shall be
designated as joint or co-employers 
of county peace officers appointed
under the authority of a 
county sheriff. Nothing in this subsection
(o) shall be 
construed
to prevent the State Panel or the Local Panel
from 
determining that employers are joint or co-employers.


 (o-5) With respect to
wages, fringe
benefits, hours, 
holidays, vacations, proficiency
examinations, sick leave, and 
other conditions of
employment, the public employer of public 
employees who are court reporters, as
defined in the Court 
Reporters Act, shall be determined as
follows:

  (1) For court reporters employed by the Cook County 
 Judicial
Circuit, the chief judge of the Cook County 
 Circuit
Court is the public employer and employer 
 representative.

  (2) For court reporters employed by the 12th, 18th, 
 19th, and, on and after December 4, 2006, the 22nd 
 judicial
circuits, a group consisting of the chief judges 
 of those circuits, acting
jointly by majority vote, is the 
 public employer and employer representative.

  (3) For court reporters employed by all other judicial 
 circuits,
a group consisting of the chief judges of those 
 circuits, acting jointly by
majority vote, is the public 
 employer and employer representative.

 (p) "Security employee" means an employee who is 
responsible for the
supervision and control of inmates at 
correctional facilities. The term
also includes other 
non-security employees in bargaining units having the
majority 
of employees being responsible for the supervision and control 
of
inmates at correctional facilities.


 (q) "Short-term employee" means an employee who is 
employed for less
than 2 consecutive calendar quarters during 
a calendar year and who does
not have a reasonable assurance 
that he or she will be rehired by the
same employer for the 
same service in a subsequent calendar year.


 (q-5) "State agency" means an agency directly responsible 
to the Governor, as defined in Section 3.1 of the Executive 
Reorganization Implementation Act, and the Illinois Commerce 
Commission, the Illinois Workers' Compensation Commission, the 
Civil Service Commission, the Pollution Control Board, the 
Illinois Racing Board, and the Illinois State Police Merit 
Board. 
 (r) "Supervisor" is:
  (1) An employee whose principal work is substantially

 different from that of his or her subordinates and who has 
 authority, in the
interest of the employer, to hire, 
 transfer, suspend, lay off, recall,
promote, discharge, 
 direct, reward, or discipline employees, to adjust
their 
 grievances, or to effectively recommend any of those 
 actions, if the
exercise
of that authority is not of a 
 merely routine or clerical nature, but
requires the 
 consistent use of independent judgment. Except with 
 respect to
police employment, the term "supervisor" 
 includes only those individuals
who devote a preponderance 
 of their employment time to exercising that
authority, 
 State supervisors notwithstanding. Determinations of 
 supervisor status shall be based on actual employee job 
 duties and not solely on written job descriptions. Nothing 
 in this definition prohibits an individual from also 
 meeting the definition of "managerial employee" under 
 subsection (j) of this Section. In addition, in 
 determining
supervisory status in police employment, rank 
 shall not be determinative.
The Board shall consider, as 
 evidence of bargaining unit inclusion or
exclusion, the 
 common law enforcement policies and relationships between

 police officer ranks and certification under applicable 
 civil service law,
ordinances, personnel codes, or 
 Division 2.1 of Article 10 of the Illinois
Municipal Code, 
 but these factors shall not
be the sole or predominant 
 factors considered by the Board in determining
police 
 supervisory status.


  Notwithstanding the provisions of the preceding 
 paragraph, in determining
supervisory status in fire 
 fighter employment, no fire fighter shall be
excluded as a 
 supervisor who has established representation rights under

 Section 9 of this Act. Further, in new fire fighter units, 
 employees shall
consist of fire fighters of the rank of 
 company officer and below. If a company officer otherwise 
 qualifies as a supervisor under the preceding paragraph, 
 however, he or she shall
not be included in the fire 
 fighter
unit. If there is no rank between that of chief and 
 the
highest company officer, the employer may designate a 
 position on each
shift as a Shift Commander, and the 
 persons occupying those positions shall
be supervisors. 
 All other ranks above that of company officer shall be

 supervisors.


  (2) With respect only to State employees in positions 
 under the jurisdiction of the Attorney General, Secretary 
 of State, Comptroller, or Treasurer (i) that were 
 certified in a bargaining unit on or after December 2, 
 2008, (ii) for which a petition is filed with the Illinois 
 Public Labor Relations Board on or after April 5, 2013 
 (the effective date of Public Act 97-1172), or (iii) for 
 which a petition is pending before the Illinois Public 
 Labor Relations Board on that date, an employee who 
 qualifies as a supervisor under (A) Section 152 of the 
 National Labor Relations Act and (B) orders of the 
 National Labor Relations Board interpreting that provision 
 or decisions of courts reviewing decisions of the National 
 Labor Relations Board. 
 (s)(1) "Unit" means a class of jobs or positions that are 
held by
employees whose collective interests may suitably be 
represented by a labor
organization for collective bargaining. 
Except with respect to non-State fire
fighters and paramedics 
employed by fire departments and fire protection
districts, 
non-State peace officers, and peace officers in the Illinois 
State Police, a bargaining unit determined by the Board shall 
not include both
employees and supervisors, or supervisors 
only, except as provided in paragraph
(2) of this subsection 
(s) and except for bargaining units in existence on July
1, 
1984 (the effective date of this Act). With respect to 
non-State fire
fighters and paramedics employed by fire 
departments and fire protection
districts, non-State peace 
officers, and peace officers in the Illinois State Police, a 
bargaining unit determined by the Board shall not include both

supervisors and nonsupervisors, or supervisors only, except as 
provided in
paragraph (2) of this subsection (s) and except 
for bargaining units in
existence on January 1, 1986 (the 
effective date of this amendatory Act of
1985). A bargaining 
unit determined by the Board to contain peace officers
shall 
contain no employees other than peace officers unless 
otherwise agreed to
by the employer and the labor organization 
or labor organizations involved.
Notwithstanding any other 
provision of this Act, a bargaining unit, including a

historical bargaining unit, containing sworn peace officers of 
the Department
of Natural Resources (formerly designated the 
Department of Conservation) shall
contain no employees other 
than such sworn peace officers upon the effective
date of this 
amendatory Act of 1990 or upon the expiration date of any

collective bargaining agreement in effect upon the effective 
date of this
amendatory Act of 1990 covering both such sworn 
peace officers and other
employees.


 (2) Notwithstanding the exclusion of supervisors from 
bargaining units
as provided in paragraph (1) of this 
subsection (s), a public
employer may agree to permit its 
supervisory employees to form bargaining units
and may bargain 
with those units. This Act shall apply if the public employer

chooses to bargain under this subsection.


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

in the Court Reporters Act,
shall be divided into 3 units for 
collective bargaining purposes. One unit
shall be court 
reporters employed by the Cook County Judicial Circuit; one

unit shall be court reporters employed by the 12th, 18th, 
19th, and, on and after December 4, 2006, the 22nd judicial

circuits; and one unit shall be court reporters employed by 
all other
judicial circuits.

 (t) "Active petition for certification in a bargaining 
unit" means a petition for certification filed with the Board 
under one of the following case numbers: S-RC-11-110; 
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; 
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; 
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; 
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; 
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; 
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; 
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; 
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; 
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; 
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; 
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; 
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; 
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or 
S-RC-07-100. 
(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; 
revised 10-13-21.)





 (5 ILCS 315/9) (from Ch. 48, par. 1609)



 Sec. 9. Elections; recognition. 

 (a) Whenever in accordance with such
regulations as may be 
prescribed by the Board a petition has been filed:

  (1) by a public employee or group of public employees 
 or any labor
organization acting in their behalf 
 demonstrating that 30% of the public
employees in an 
 appropriate unit (A) wish to be represented for the

 purposes of collective bargaining by a labor organization 
 as exclusive
representative, or (B) asserting that the 
 labor organization which has been
certified or is 
 currently recognized by the public employer as bargaining

 representative is no longer the representative of the 
 majority of public
employees in the unit; or

  (2) by a public employer alleging that one or more 
 labor organizations
have presented to it a claim that they 
 be recognized as the representative
of a majority of the 
 public employees in an appropriate unit, the Board
shall 
 investigate such petition, and if it has reasonable cause 
 to believe
that a question of representation exists, shall 
 provide for an appropriate
hearing upon due notice. Such 
 hearing shall be held at the offices of
the Board or such 
 other location as the Board deems appropriate.
If it finds 
 upon the record of the hearing that a question of

 representation exists, it shall direct an election in 
 accordance with
subsection (d) of this Section, which 
 election shall be held not later than
120 days after the 
 date the petition was filed regardless of whether that

 petition was filed before or after July 1, 1988 (the 
 effective date of Public Act 85-924) this amendatory
Act 
 of 1987; provided, however, the Board may extend the time 
 for holding an
election by an additional 60 days if, upon 
 motion by a person who has filed
a petition under this 
 Section or is the subject of a petition filed under
this 
 Section and is a party to such hearing, or upon the Board's 
 own
motion, the Board finds that good cause has been shown 
 for extending the
election date; provided further, that 
 nothing in this Section shall prohibit
the Board, in its 
 discretion, from extending the time for holding an

 election for so long as may be necessary under the 
 circumstances, where the
purpose for such extension is to 
 permit resolution by the Board of an
unfair labor practice 
 charge filed by one of the parties to a
representational 
 proceeding against the other based upon conduct which may

 either affect the existence of a question concerning 
 representation or have
a tendency to interfere with a fair 
 and free election, where the party
filing the charge has 
 not filed a request to proceed with the election; and

 provided further that prior to the expiration of the total 
 time allotted
for holding an election, a person who has 
 filed a petition under this
Section or is the subject of a 
 petition filed under this Section and is a
party to such 
 hearing or the Board, may move for and obtain the entry
of 
 an order in the circuit court of the county in which the 
 majority of the
public employees sought to be represented 
 by such person reside, such order
extending the date upon 
 which the election shall be held. Such order shall
be 
 issued by the circuit court only upon a judicial finding 
 that there has
been a sufficient showing that there is 
 good cause to extend the election
date beyond such period 
 and shall require the Board to hold the
election as soon as 
 is feasible given the totality of the circumstances.
Such 
 120-day 120 day period may be extended one or more times by 
 the agreement
of all parties to the hearing to a date 
 certain without the necessity of
obtaining a court order. 
 The showing of interest in support of a petition filed 
 under paragraph (1) of this subsection (a) may be 
 evidenced by electronic communications, and such writing 
 or communication may be evidenced by the electronic 
 signature of the employee as provided under Section 5-120 
 of the Electronic Commerce Security Act. The showing of 
 interest shall be valid only if signed within 12 months 
 prior to the filing of the petition. Nothing in this 
 Section prohibits the waiving
of hearings by stipulation 
 for the purpose of a consent election in conformity
with 
 the rules and regulations of the Board or an election in a 
 unit agreed
upon by the parties. Other interested employee 
 organizations may intervene
in the proceedings in the 
 manner and within the time period specified by
rules and 
 regulations of the Board. Interested parties who are 
 necessary
to the proceedings may also intervene in the 
 proceedings in the manner and
within the time period 
 specified by the rules and regulations of the Board.

 (a-5) The Board shall designate an exclusive 
representative for purposes
of
collective bargaining when the 
representative demonstrates a showing of
majority interest by 
employees in the unit. If the parties to a dispute are
without

agreement on the means to ascertain the choice, if any, of 
employee
organization
as their representative, the Board shall 
ascertain the employees' choice of
employee organization, on 
the basis of dues deduction authorization or other
evidence, 
or, if necessary, by conducting an election. The showing of 
interest in support of a petition filed under this subsection 
(a-5) may be evidenced by electronic communications, and such 
writing or communication may be evidenced by the electronic 
signature of the employee as provided under Section 5-120 of 
the Electronic Commerce Security Act. The showing of interest 
shall be valid only if signed within 12 months prior to the 
filing of the petition. All evidence submitted by an employee 
organization to the Board to ascertain an employee's choice of 
an employee organization is confidential and shall not be 
submitted to the employer for review. The Board shall 
ascertain the employee's choice of employee organization 
within 120 days after the filing of the majority interest 
petition; however, the Board may extend time by an additional 
60 days, upon its own motion or upon the motion of a party to 
the proceeding. If either party provides
to the Board, before 
the designation of a representative, clear and convincing

evidence that the dues deduction authorizations, and other 
evidence upon which
the Board would otherwise rely to 
ascertain the employees' choice of
representative, are 
fraudulent or were obtained through coercion, the Board
shall 
promptly thereafter conduct an election. The Board shall also 
investigate
and consider a party's allegations that the dues 
deduction authorizations and
other evidence submitted in 
support of a designation of representative without
an election 
were subsequently changed, altered, withdrawn, or withheld as 
a
result of employer fraud, coercion, or any other unfair 
labor practice by the
employer. If the Board determines that a 
labor organization would have had a
majority interest but for 
an employer's fraud, coercion, or unfair labor
practice, it 
shall designate the labor organization as an exclusive

representative without conducting an
election. If a hearing is 
necessary to resolve any issues of representation under this 
Section, the Board shall conclude its hearing process and 
issue a certification of the entire appropriate unit not later 
than 120 days after the date the petition was filed. The 
120-day period may be extended one or more times by the 
agreement of all parties to a hearing to a date certain.

 (a-6) A labor organization or an employer may file a unit 
clarification petition seeking to clarify an existing 
bargaining unit. Unit clarification petitions may be filed if: 
(1) substantial changes occur in the duties and functions of 
an existing job title, raising an issue as to the title's unit 
placement; (2) an existing job title that is logically 
encompassed within the existing unit was inadvertently 
excluded by the parties at the time the unit was established; 
(3) a newly created job title is logically encompassed within 
an existing unit; (4) a significant change takes place in 
statutory or case law that affects the bargaining rights of 
employees; (5) a determination needs to be made as to the unit 
placement of positions in dispute following a majority 
interest certification of representative issued under 
subsection (a-5); (6) a determination needs to be made as to 
the unit placement of positions in dispute following a 
certification of representative issued following a direction 
of election under subsection (d); (7) the parties have agreed 
to eliminate a position or title because the employer no 
longer uses it; (8) the parties have agreed to exclude some of 
the positions in a title or classification from a bargaining 
unit and include others; or (9) as prescribed in rules set by 
the Board. The Board shall conclude its investigation, 
including any hearing process deemed necessary, and issue a 
certification of clarified unit or dismiss the petition not 
later than 120 days after the date the petition was filed. The 
120-day period may be extended one or more times by the 
agreement of all parties to a hearing to a date certain. 
 (b) The Board shall decide in each case, in order to assure 
public employees
the fullest freedom in exercising the rights 
guaranteed by this Act, a unit
appropriate for the purpose of 
collective bargaining, based upon but not
limited to such 
factors as: historical pattern of recognition; community
of 
interest including employee skills and functions; degree of 
functional
integration; interchangeability and contact among 
employees; fragmentation
of employee groups; common 
supervision, wages, hours and other working
conditions of the 
employees involved; and the desires of the employees.
For 
purposes of this subsection, fragmentation shall not be the 
sole or
predominant factor used by the Board in determining an 
appropriate
bargaining unit. Except with respect to non-State 
fire fighters and
paramedics employed by fire departments and 
fire protection districts,
non-State peace officers and peace 
officers in the Illinois State Police, a single bargaining 
unit determined by the
Board may not include both supervisors 
and nonsupervisors, except for
bargaining units in existence 
on the effective date of this Act. With
respect to non-State 
fire fighters and paramedics employed by fire
departments and 
fire protection districts, non-State peace officers and
peace 
officers in the Illinois State Police, a single bargaining

unit determined by the Board may not include both supervisors 
and
nonsupervisors, except for bargaining units in existence 
on January 1, 1986 (the effective
date of Public Act 84-1104) 
this amendatory Act of 1985.

 In cases involving an historical pattern of recognition, 
and in cases where
the employer has recognized the union as the 
sole and exclusive bargaining
agent for a specified existing 
unit, the Board shall find the employees
in the unit then 
represented by the union pursuant to the recognition to
be the 
appropriate unit.

 Notwithstanding the above factors, where the majority of 
public employees
of a craft so decide, the Board shall 
designate such craft as a unit
appropriate for the purposes of 
collective bargaining.

 The Board shall not decide that any unit is appropriate if 
such unit
includes both professional and nonprofessional 
employees, unless a majority
of each group votes for inclusion 
in such unit.

 (c) Nothing in this Act shall interfere with or negate the 
current
representation rights or patterns and practices of 
labor organizations
which have historically represented public 
employees for the purpose of
collective bargaining, including 
but not limited to the negotiations of
wages, hours and 
working conditions, discussions of employees' grievances,

resolution of jurisdictional disputes, or the establishment 
and maintenance
of prevailing wage rates, unless a majority of 
employees so represented
express a contrary desire pursuant to 
the procedures set forth in this Act.

 (d) In instances where the employer does not voluntarily 
recognize a labor
organization as the exclusive bargaining 
representative for a unit of
employees, the Board shall 
determine the majority representative of the
public employees 
in an appropriate collective bargaining unit by conducting
a 
secret ballot election, except as otherwise provided in 
subsection (a-5). Such a secret ballot election may be 
conducted electronically, using an electronic voting system, 
in addition to paper ballot voting systems.
Within 7 days 
after the Board issues its
bargaining unit determination and 
direction of election or the execution of
a stipulation for 
the purpose of a consent election, the public employer
shall 
submit to the labor organization the complete names and 
addresses of
those employees who are determined by the Board 
to be eligible to
participate in the election. When the Board 
has determined that a labor
organization has been fairly and 
freely chosen by a majority of employees
in an appropriate 
unit, it shall certify such organization as the exclusive

representative. If the Board determines that a majority of 
employees in an
appropriate unit has fairly and freely chosen 
not to be represented by a
labor organization, it shall so 
certify. The Board may also revoke the
certification of the 
public employee organizations as exclusive bargaining

representatives which have been found by a secret ballot 
election to be no
longer the majority representative.

 (e) The Board shall not conduct an election in any 
bargaining unit or
any subdivision thereof within which a 
valid election has been held in the
preceding 12-month period. 
The Board shall determine who is eligible to
vote in an 
election and shall establish rules governing the conduct of 
the
election or conduct affecting the results of the election. 
The Board shall
include on a ballot in a representation 
election a choice of "no
representation". A labor organization 
currently representing the bargaining
unit of employees shall 
be placed on the ballot in any representation
election. In any 
election where none of the choices on the ballot receives
a 
majority, a runoff election shall be conducted between the 2 
choices
receiving the largest number of valid votes cast in 
the election. A labor
organization which receives a majority 
of the votes cast in an election
shall be certified by the 
Board as exclusive representative of all public
employees in 
the unit.

 (f) A labor
organization shall be designated as the 
exclusive representative by a
public employer, provided that 
the labor
organization represents a majority of the public 
employees in an
appropriate unit. Any employee organization 
which is designated or selected
by the majority of public 
employees, in a unit of the public employer
having no other 
recognized or certified representative, as their

representative for purposes of collective bargaining may 
request
recognition by the public employer in writing. The 
public employer shall
post such request for a period of at 
least 20 days following its receipt
thereof on bulletin boards 
or other places used or reserved for employee
notices.

 (g) Within the 20-day period any other interested employee 
organization
may petition the Board in the manner specified by 
rules and regulations
of the Board, provided that such 
interested employee organization has been
designated by at 
least 10% of the employees in an appropriate bargaining
unit 
which includes all or some of the employees in the unit 
recognized
by the employer. In such event, the Board shall 
proceed with the petition
in the same manner as provided by 
paragraph (1) of subsection (a) of this
Section.

 (h) No election shall be directed by the Board in any 
bargaining unit
where there is in force a valid collective 
bargaining agreement. The Board,
however, may process an 
election petition filed between 90 and 60 days prior
to the 
expiration of the date of an agreement, and may further 
refine, by
rule or decision, the implementation of this 
provision.
Where more than 4 years have elapsed since the 
effective date of the agreement,
the agreement shall continue 
to bar an election, except that the Board may
process an 
election petition filed between 90 and 60 days prior to the end 
of
the fifth year of such an agreement, and between 90 and 60 
days prior to the
end of each successive year of such 
agreement.

 (i) An order of the Board dismissing a representation 
petition,
determining and certifying that a labor organization 
has been fairly and
freely chosen by a majority of employees in 
an appropriate bargaining unit,
determining and certifying 
that a labor organization has not been fairly
and freely 
chosen by a majority of employees in the bargaining unit or

certifying a labor organization as the exclusive 
representative of
employees in an appropriate bargaining unit 
because of a determination by
the Board that the labor 
organization is the historical bargaining
representative of 
employees in the bargaining unit, is a final order. Any
person 
aggrieved by any such order issued on or after July 1, 1988 
(the effective date of Public Act 85-924)
this amendatory Act 
of 1987 may apply for and obtain judicial review in
accordance 
with provisions of the Administrative Review Law, as now or

hereafter amended, except that such review shall be afforded 
directly in
the Appellate Court for the district in which the 
aggrieved party resides
or transacts business.
Any direct 
appeal to the Appellate Court shall be filed within 35 days 
from
the date that a copy of the decision sought to be reviewed 
was served upon the
party affected by the decision. 

(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; 
102-596, eff. 8-27-21; revised 10-15-21.)





 (5 ILCS 315/10) (from Ch. 48, par. 1610)



 Sec. 10. Unfair labor practices. 

 (a) It shall be an unfair labor practice
for an employer or 
its agents:

  (1) to interfere with, restrain, or coerce public 
 employees in the
exercise of the rights guaranteed in this 
 Act or to dominate or interfere
with the formation, 
 existence or administration of any labor organization
or 
 contribute financial or other support to it; provided, an 
 employer shall
not be prohibited from permitting employees 
 to confer with him during
working hours without loss of 
 time or pay;

  (2) to discriminate in regard to hire or tenure of 
 employment or any term
or condition of employment in order 
 to encourage or discourage membership
in or other support 
 for any labor organization. Nothing in this Act or any

 other law precludes a public employer from making an 
 agreement with a labor
organization to require as a 
 condition of employment the payment of a fair
share under 
 paragraph (e) of Section 6;

  (3) to discharge or otherwise discriminate against a 
 public employee because
he has signed or filed an 
 affidavit, petition, or charge or provided any
information 
 or testimony under this Act;

  (4) to refuse to bargain collectively in good faith 
 with a labor
organization which is the exclusive 
 representative of public employees in
an appropriate unit, 
 including, but not limited to, the discussing of

 grievances with the exclusive representative;

  (5) to violate any of the rules and regulations 
 established by the Board
with jurisdiction over them 
 relating to the conduct of representation elections
or the 
 conduct affecting the representation elections;

  (6) to expend or cause the expenditure of public funds 
 to any external
agent, individual, firm, agency, 
 partnership, or association in any attempt
to influence 
 the outcome of representational elections held pursuant to

 Section 9 of this Act; provided, that nothing in this 
 subsection shall be
construed to limit an employer's right 
 to internally communicate with its
employees as provided 
 in subsection (c) of this Section, to be represented
on 
 any matter pertaining to unit determinations, unfair labor 
 practice
charges or pre-election conferences in any formal 
 or informal proceeding
before the Board, or to seek or 
 obtain advice from legal counsel.
Nothing in this 
 paragraph shall be construed to prohibit an employer from

 expending or causing the expenditure of public funds on, 
 or seeking or
obtaining services or advice from, any 
 organization, group, or association
established by and 
 including public or educational employers, whether
covered 
 by this Act, the Illinois Educational Labor Relations Act 
 or the
public employment labor relations law of any other 
 state or the federal
government, provided that such 
 services or advice are generally available
to the 
 membership of the organization, group or association, and 
 are not
offered solely in an attempt to influence the 
 outcome of a particular
representational election;

  (7) to refuse to reduce a collective bargaining 
 agreement to writing
or to refuse to sign such agreement;

  (8) to interfere with, restrain, coerce, deter, or 
 discourage public employees or applicants to be public 
 employees from: (i) becoming or remaining members of a 
 labor organization; (ii) authorizing representation by a 
 labor organization; or (iii) authorizing dues or fee 
 deductions to a labor organization, nor shall the employer 
 intentionally permit outside third parties to use its 
 email or other communication systems to engage in that 
 conduct. An employer's good faith implementation of a 
 policy to block the use of its email or other 
 communication systems for such purposes shall be a defense 
 to an unfair labor practice; 
  (9) to disclose to any person or entity information 
 set forth in subsection (c-5) of Section 6 of this Act that 
 the employer knows or should know will be used to 
 interfere with, restrain, coerce, deter, or discourage any 
 public employee from: (i) becoming or remaining members of 
 a labor organization, (ii) authorizing representation by a 
 labor organization, or (iii) authorizing dues or fee 
 deductions to a labor organization; or 
  (10) to promise, threaten, or take any action: (i) to 
 permanently replace an employee who participates in a 
 lawful strike as provided under Section 17; (ii) to 
 discriminate against an employee who is working or has 
 unconditionally offered to return to work for the employer 
 because the employee supported or participated in such a 
 lawful strike; or (iii) to lock out lockout, suspend, or 
 otherwise withhold employment from employees in order to 
 influence the position of such employees or the 
 representative of such employees in collective bargaining 
 prior to a lawful strike. 
 (b) It shall be an unfair labor practice for a labor 
organization or its agents:

  (1) to restrain or coerce public employees in the 
 exercise of the rights
guaranteed in this Act, provided, 
 (i) that this paragraph shall
not impair the right of a 
 labor organization to prescribe its own rules
with respect 
 to the acquisition or retention of membership therein or 
 the
determination of fair share payments and (ii) that a 
 labor organization
or its agents shall commit an unfair 
 labor practice under this paragraph in
duty of fair 
 representation cases only by intentional misconduct in

 representing employees under this Act;

  (2) to restrain or coerce a public employer in the 
 selection of his
representatives for the purposes of 
 collective bargaining or the settlement
of grievances; or

  (3) to cause, or attempt to cause, an employer to 
 discriminate against
an employee in violation of 
 subsection (a)(2);

  (4) to refuse to bargain collectively in good faith 
 with a public employer,
if it has been designated in 
 accordance with the provisions of this Act
as the 
 exclusive representative of public employees in an 
 appropriate unit;

  (5) to violate any of the rules and regulations 
 established by the
boards with jurisdiction over them 
 relating to the conduct of
representation elections or the 
 conduct affecting the representation elections;

  (6) to discriminate against any employee because he 
 has signed or filed
an affidavit, petition, or charge or 
 provided any information or testimony
under this Act;

  (7) to picket or cause to be picketed, or threaten to 
 picket or cause
to be picketed, any public employer where 
 an object thereof is forcing or
requiring an employer to 
 recognize or bargain with a labor organization
of the 
 representative of its employees, or forcing or requiring 
 the employees
of an employer to accept or select such 
 labor organization as their collective
bargaining 
 representative, unless such labor organization is 
 currently
certified as the representative of such 
 employees:

   (A) where the employer has lawfully recognized in 
 accordance with this
Act any labor organization and a 
 question concerning representation may
not 
 appropriately be raised under Section 9 of this Act;

   (B) where within the preceding 12 months a valid 
 election under Section
9 of this Act has been 
 conducted; or

   (C) where such picketing has been conducted 
 without a petition under Section
9 being filed within 
 a reasonable period of time not to exceed 30 days from

 the commencement of such picketing; provided that when 
 such a petition has
been filed the Board shall 
 forthwith, without regard to the provisions of

 subsection (a) of Section 9 or the absence of a showing 
 of a substantial
interest on the part of the labor 
 organization, direct an election in such
unit as the 
 Board finds to be appropriate and shall certify the 
 results
thereof; provided further, that nothing in 
 this subparagraph shall be construed
to prohibit any 
 picketing or other publicity for the purpose of 
 truthfully
advising the public that an employer does 
 not employ members of, or have a
contract with, a labor 
 organization unless an effect of such picketing is
to 
 induce any individual employed by any other person in 
 the course of his
employment, not to pick up, deliver, 
 or transport any goods or not to
perform any services; 
 or

  (8) to refuse to reduce a collective bargaining 
 agreement to writing
or to refuse to sign such agreement.

 (c) The expressing of any views, argument, or opinion or 
the
dissemination thereof, whether in written, printed, 
graphic, or visual
form, shall not constitute or be evidence 
of an unfair labor practice under
any of the provisions of this 
Act, if such expression contains no threat of
reprisal or 
force or promise of benefit.

 (d) The employer shall not discourage public employees or 
applicants to be public employees from becoming or remaining 
union members or authorizing dues deductions, and shall not 
otherwise interfere with the relationship between employees 
and their exclusive bargaining representative. The employer 
shall refer all inquiries about union membership to the 
exclusive bargaining representative, except that the employer 
may communicate with employees regarding payroll processes and 
procedures. The employer will establish email policies in an 
effort to prohibit the use of its email system by outside 
sources. 
(Source: P.A. 101-620, eff. 12-20-19; 102-596, eff. 8-27-21; 
revised 12-2-21.)


 Section 30. The State Employee Indemnification Act is 
amended by changing Section 1 as follows:

 (5 ILCS 350/1) (from Ch. 127, par. 1301)

 Sec. 1. Definitions.  For the purpose of this Act:


 (a) The term "State" means the State of Illinois, the 
General
Assembly, the court, or any State office, department, 
division, bureau,
board, commission, or committee, the 
governing boards of the public
institutions of higher 
education created by the State, the Illinois
National Guard, 
the Illinois State Guard, the Comprehensive Health Insurance 
Board, any poison control
center designated under the Poison 
Control System Act that receives State
funding, or any other 
agency or instrumentality of the State. It
does not mean any 
local public entity as that term is defined in Section
1-206 of 
the Local Governmental and Governmental Employees Tort 
Immunity
Act or a pension fund.


 (b) The term "employee" means: any present or former 
elected or
appointed officer, trustee or employee of the 
State, or of a pension
fund;
any present or former 
commissioner or employee of the Executive Ethics
Commission or 
of the Legislative Ethics Commission; any present or former

Executive, Legislative, or Auditor General's Inspector 
General; any present or
former employee of an Office of an 
Executive, Legislative, or Auditor General's
Inspector 
General; any present or former member of the Illinois National

Guard
while on active duty; any present or former member of the 
Illinois State
Guard
while on State active duty; individuals 
or organizations who contract with the
Department of 
Corrections, the Department of Juvenile Justice, the 
Comprehensive Health Insurance Board, or the
Department of 
Veterans' Affairs to provide services; individuals or

organizations who contract with the Department of Human 
Services (as
successor to the Department of Mental Health and 
Developmental
Disabilities) to provide services including but 
not limited to treatment and
other services for sexually 
violent persons; individuals or organizations who
contract 
with the Department of
Military
Affairs for youth programs; 
individuals or
organizations who contract to perform carnival 
and amusement ride safety
inspections for the Department of 
Labor; individuals who contract with the Office of the State's 
Attorneys Appellate Prosecutor to provide legal services, but 
only when performing duties within the scope of the Office's 
prosecutorial activities; individual representatives of or

designated organizations authorized to represent the Office of 
State Long-Term
Ombudsman for the Department on Aging; 
individual representatives of or
organizations designated by 
the Department on Aging in the performance of their
duties as 
adult protective services agencies or regional administrative 
agencies
under the Adult Protective Services Act; individuals 
or organizations appointed as members of a review team or the 
Advisory Council under the Adult Protective Services Act; 
individuals or organizations who perform
volunteer services 
for the State where such volunteer relationship is reduced
to 
writing; individuals who serve on any public entity (whether 
created by law
or administrative action) described in 
paragraph (a) of this Section; individuals or not for profit 
organizations who, either as volunteers, where
such volunteer 
relationship is reduced to writing, or pursuant to contract,

furnish professional advice or consultation to any agency or 
instrumentality of
the State; individuals who serve as foster 
parents for the Department of
Children and Family Services 
when caring for youth in care as defined in Section 4d of the 
Children and Family Services Act; individuals who serve as 
members of an independent team of experts under the 
Developmental Disability and Mental Health Safety Act (also 
known as Brian's Law); and individuals
who serve as 
arbitrators pursuant to Part 10A of
Article II of the Code of 
Civil Procedure and the rules of the Supreme Court

implementing Part 10A, each as now or hereafter amended; the 
members of the Certification Review Panel under the Illinois 
Police Training Act; the term "employee" does not mean an

independent contractor except as provided in this Section. The 
term includes an
individual appointed as an inspector by the 
Director of the Illinois State Police when
performing duties 
within the scope of the activities of a Metropolitan

Enforcement Group or a law enforcement organization 
established under the
Intergovernmental Cooperation Act. An 
individual who renders professional
advice and consultation to 
the State through an organization which qualifies as
an 
"employee" under the Act is also an employee. The term 
includes the estate
or personal representative of an employee.


 (c) The term "pension fund" means a retirement system or 
pension
fund created under the Illinois Pension Code.

(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 10-6-21.)


 Section 35. The State Employees Group Insurance Act of 
1971 is amended by changing Sections 3 and 6.11 as follows:



 (5 ILCS 375/3) (from Ch. 127, par. 523)

 Sec. 3. Definitions. Unless the context otherwise 
requires, the
following words and phrases as used in this Act 
shall have the following
meanings. The Department may define 
these and other words and phrases
separately for the purpose 
of implementing specific programs providing benefits
under 
this Act.

 (a) "Administrative service organization" means any 
person, firm or
corporation experienced in the handling of 
claims which is
fully qualified, financially sound and capable 
of meeting the service
requirements of a contract of 
administration executed with the Department.

 (b) "Annuitant" means (1) an employee who retires, or has 
retired,
on or after January 1, 1966 on an immediate annuity 
under the provisions
of Articles 2, 14 (including an employee 
who has elected to receive an alternative retirement 
cancellation payment under Section 14-108.5 of the Illinois 
Pension Code in lieu of an annuity or who meets the criteria 
for retirement, but in lieu of receiving an annuity under that 
Article has elected to receive an accelerated pension benefit 
payment under Section 14-147.5 of that Article), 15 (including 
an employee who has retired under the optional
retirement 
program established under Section 15-158.2 or who meets the 
criteria for retirement but in lieu of receiving an annuity 
under that Article has elected to receive an accelerated 
pension benefit payment under Section 15-185.5 of the 
Article), paragraph
paragraphs (2), (3), or (5) of Section 
16-106 (including an employee who meets the criteria for 
retirement, but in lieu of receiving an annuity under that 
Article has elected to receive an accelerated pension benefit 
payment under Section 16-190.5 of the Illinois Pension Code), 
or
Article 18 of the Illinois Pension Code; (2) any person who 
was receiving
group insurance coverage under this Act as of 
March 31, 1978 by
reason of his status as an annuitant, even 
though the annuity in relation
to which such coverage was 
provided is a proportional annuity based on less
than the 
minimum period of service required for a retirement annuity in

the system involved; (3) any person not otherwise covered by 
this Act
who has retired as a participating member under 
Article 2 of the Illinois
Pension Code but is ineligible for 
the retirement annuity under Section
2-119 of the Illinois 
Pension Code; (4) the spouse of any person who
is receiving a 
retirement annuity under Article 18 of the Illinois Pension

Code and who is covered under a group health insurance program 
sponsored
by a governmental employer other than the State of 
Illinois and who has
irrevocably elected to waive his or her 
coverage under this Act and to have
his or her spouse 
considered as the "annuitant" under this Act and not as
a 
"dependent"; or (5) an employee who retires, or has retired, 
from a
qualified position, as determined according to rules 
promulgated by the
Director, under a qualified local 
government, a qualified rehabilitation
facility, a qualified 
domestic violence shelter or service, or a qualified child 
advocacy center. (For definition
of "retired employee", see 
(p) post).

 (b-5) (Blank).

 (b-6) (Blank).

 (b-7) (Blank).

 (c) "Carrier" means (1) an insurance company, a 
corporation organized
under the Limited Health Service 
Organization Act or the Voluntary Health
Services Plans Act, a 
partnership, or other nongovernmental organization,
which is 
authorized to do group life or group health insurance business 
in
Illinois, or (2) the State of Illinois as a self-insurer.

 (d) "Compensation" means salary or wages payable on a 
regular
payroll by the State Treasurer on a warrant of the 
State Comptroller out
of any State, trust or federal fund, or 
by the Governor of the State
through a disbursing officer of 
the State out of a trust or out of
federal funds, or by any 
Department out of State, trust, federal or
other funds held by 
the State Treasurer or the Department, to any person
for 
personal services currently performed, and ordinary or 
accidental
disability benefits under Articles 2, 14, 15 
(including ordinary or accidental
disability benefits under 
the optional retirement program established under
Section 
15-158.2), paragraph paragraphs (2), (3), or (5) of
Section 
16-106, or Article 18 of the Illinois Pension Code, for 
disability
incurred after January 1, 1966, or benefits payable 
under the Workers'
Compensation or Occupational Diseases Act 
or benefits payable under a sick
pay plan established in 
accordance with Section 36 of the State Finance Act.

"Compensation" also means salary or wages paid to an employee 
of any
qualified local government, qualified rehabilitation 
facility,
qualified domestic violence shelter or service, or 
qualified child advocacy center.

 (e) "Commission" means the State Employees Group Insurance 
Advisory
Commission authorized by this Act. Commencing July 1, 
1984, "Commission"
as used in this Act means the Commission on 
Government Forecasting and Accountability as
established by 
the Legislative Commission Reorganization Act of 1984.

 (f) "Contributory", when referred to as contributory 
coverage, shall
mean optional coverages or benefits elected by 
the member toward the cost of
which such member makes 
contribution, or which are funded in whole or in part
through 
the acceptance of a reduction in earnings or the foregoing of 
an
increase in earnings by an employee, as distinguished from 
noncontributory
coverage or benefits which are paid entirely 
by the State of Illinois
without reduction of the member's 
salary.

 (g) "Department" means any department, institution, board,

commission, officer, court or any agency of the State 
government
receiving appropriations and having power to 
certify payrolls to the
Comptroller authorizing payments of 
salary and wages against such
appropriations as are made by 
the General Assembly from any State fund, or
against trust 
funds held by the State Treasurer and includes boards of

trustees of the retirement systems created by Articles 2, 14, 
15, 16, and
18 of the Illinois Pension Code. "Department" also 
includes the Illinois
Comprehensive Health Insurance Board, 
the Board of Examiners established under
the Illinois Public 
Accounting Act, and the Illinois Finance Authority.

 (h) "Dependent", when the term is used in the context of 
the health
and life plan, means a member's spouse and any child 
(1) from
birth to age 26 including an adopted child, a child 
who lives with the
member from the time of the placement for 
adoption until entry
of an order of adoption, a stepchild or 
adjudicated child, or a child who lives with the member
if such 
member is a court appointed guardian of the child or (2)
age 19 
or over who has a mental or physical disability from a cause 
originating prior to the age of 19 (age 26 if enrolled as an 
adult child dependent). For
the health plan only, the term 
"dependent" also includes (1) any person
enrolled prior to the 
effective date of this Section who is dependent upon
the 
member to the extent that the member may claim such person as a

dependent for income tax deduction purposes and (2) any person 
who
has received after June 30, 2000 an organ transplant and 
who is financially
dependent upon the member and eligible to 
be claimed as a dependent for income
tax purposes. A member 
requesting to cover any dependent must provide documentation 
as requested by the Department of Central Management Services 
and file with the Department any and all forms required by the 
Department. 

 (i) "Director" means the Director of the Illinois 
Department of Central
Management Services.

 (j) "Eligibility period" means the period of time a member 
has to
elect enrollment in programs or to select benefits 
without regard to
age, sex or health.

 (k) "Employee" means and includes each officer or employee 
in the
service of a department who (1) receives his 
compensation for
service rendered to the department on a 
warrant issued pursuant to a payroll
certified by a department 
or on a warrant or check issued and drawn by a
department upon 
a trust, federal or other fund or on a warrant issued
pursuant 
to a payroll certified by an elected or duly appointed officer

of the State or who receives payment of the performance of 
personal
services on a warrant issued pursuant to a payroll 
certified by a
Department and drawn by the Comptroller upon 
the State Treasurer against
appropriations made by the General 
Assembly from any fund or against
trust funds held by the State 
Treasurer, and (2) is employed full-time or
part-time in a 
position normally requiring actual performance of duty
during 
not less than 1/2 of a normal work period, as established by 
the
Director in cooperation with each department, except that 
persons elected
by popular vote will be considered employees 
during the entire
term for which they are elected regardless 
of hours devoted to the
service of the State, and (3) except 
that "employee" does not include any
person who is not 
eligible by reason of such person's employment to
participate 
in one of the State retirement systems under Articles 2, 14, 15

(either the regular Article 15 system or the optional 
retirement program
established under Section 15-158.2), or 18, 
or under paragraph (2), (3), or
(5) of Section 16-106, of the 
Illinois
Pension Code, but such term does include persons who 
are employed during
the 6-month 6 month qualifying period 
under Article 14 of the Illinois Pension
Code. Such term also 
includes any person who (1) after January 1, 1966,
is 
receiving ordinary or accidental disability benefits under 
Articles
2, 14, 15 (including ordinary or accidental 
disability benefits under the
optional retirement program 
established under Section 15-158.2), paragraph paragraphs
(2), 
(3), or (5) of Section 16-106, or Article 18 of the
Illinois 
Pension Code, for disability incurred after January 1, 1966, 
(2)
receives total permanent or total temporary disability 
under the Workers'
Compensation Act or Occupational Disease 
Act as a result of injuries
sustained or illness contracted in 
the course of employment with the
State of Illinois, or (3) is 
not otherwise covered under this Act and has
retired as a 
participating member under Article 2 of the Illinois Pension

Code but is ineligible for the retirement annuity under 
Section 2-119 of
the Illinois Pension Code. However, a person 
who satisfies the criteria
of the foregoing definition of 
"employee" except that such person is made
ineligible to 
participate in the State Universities Retirement System by

clause (4) of subsection (a) of Section 15-107 of the Illinois 
Pension
Code is also an "employee" for the purposes of this 
Act. "Employee" also
includes any person receiving or eligible 
for benefits under a sick pay
plan established in accordance 
with Section 36 of the State Finance Act.
"Employee" also 
includes (i) each officer or employee in the service of a

qualified local government, including persons appointed as 
trustees of
sanitary districts regardless of hours devoted to 
the service of the
sanitary district, (ii) each employee in 
the service of a qualified
rehabilitation facility, (iii) each 
full-time employee in the service of a
qualified domestic 
violence shelter or service, and (iv) each full-time employee 
in the service of a qualified child advocacy center, as 
determined according to
rules promulgated by the Director.

 (l) "Member" means an employee, annuitant, retired 
employee, or survivor. In the case of an annuitant or retired 
employee who first becomes an annuitant or retired employee on 
or after January 13, 2012 (the effective date of Public Act 
97-668), the individual must meet the minimum vesting 
requirements of the applicable retirement system in order to 
be eligible for group insurance benefits under that system. In 
the case of a survivor who first becomes a survivor on or after 
January 13, 2012 (the effective date of Public Act 97-668), 
the deceased employee, annuitant, or retired employee upon 
whom the annuity is based must have been eligible to 
participate in the group insurance system under the applicable 
retirement system in order for the survivor to be eligible for 
group insurance benefits under that system. 

 (m) "Optional coverages or benefits" means those coverages 
or
benefits available to the member on his or her voluntary 
election, and at
his or her own expense.

 (n) "Program" means the group life insurance, health 
benefits and other
employee benefits designed and contracted 
for by the Director under this Act.

 (o) "Health plan" means a health benefits
program offered

by the State of Illinois for persons eligible for the plan.

 (p) "Retired employee" means any person who would be an 
annuitant as
that term is defined herein but for the fact that 
such person retired prior to
January 1, 1966. Such term also 
includes any person formerly employed by
the University of 
Illinois in the Cooperative Extension Service who would
be an 
annuitant but for the fact that such person was made 
ineligible to
participate in the State Universities Retirement 
System by clause (4) of
subsection (a) of Section 15-107 of the 
Illinois
Pension Code.

 (q) "Survivor" means a person receiving an annuity as a 
survivor of an
employee or of an annuitant. "Survivor" also 
includes: (1) the surviving
dependent of a person who 
satisfies the definition of "employee" except that
such person 
is made ineligible to participate in the State Universities

Retirement System by clause (4) of subsection (a)
of Section 
15-107 of the Illinois Pension Code; (2) the surviving

dependent of any person formerly employed by the University of 
Illinois in
the Cooperative Extension Service who would be an 
annuitant except for the
fact that such person was made 
ineligible to participate in the State
Universities Retirement 
System by clause (4) of subsection (a) of Section
15-107 of the 
Illinois Pension Code; (3) the surviving dependent of a person 
who was an annuitant under this Act by virtue of receiving an 
alternative retirement cancellation payment under Section 
14-108.5 of the Illinois Pension Code; and (4) a person who 
would be receiving an annuity as a survivor of an annuitant 
except that the annuitant elected on or after June 4, 2018 to 
receive an accelerated pension benefit payment under Section 
14-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code 
in lieu of receiving an annuity.

 (q-2) "SERS" means the State Employees' Retirement System 
of Illinois, created under Article 14 of the Illinois Pension 
Code.

 (q-3) "SURS" means the State Universities Retirement 
System, created under Article 15 of the Illinois Pension Code.

 (q-4) "TRS" means the Teachers' Retirement System of the 
State of Illinois, created under Article 16 of the Illinois 
Pension Code.

 (q-5) (Blank).


 (q-6) (Blank).

 (q-7) (Blank).

 (r) "Medical services" means the services provided within 
the scope
of their licenses by practitioners in all categories 
licensed under the
Medical Practice Act of 1987.

 (s) "Unit of local government" means any county, 
municipality,
township, school district (including a 
combination of school districts under
the Intergovernmental 
Cooperation Act), special district or other unit,
designated 
as a
unit of local government by law, which exercises limited 
governmental
powers or powers in respect to limited 
governmental subjects, any
not-for-profit association with a 
membership that primarily includes
townships and township 
officials, that has duties that include provision of
research 
service, dissemination of information, and other acts for the

purpose of improving township government, and that is funded 
wholly or
partly in accordance with Section 85-15 of the 
Township Code; any
not-for-profit corporation or association, 
with a membership consisting
primarily of municipalities, that 
operates its own utility system, and
provides research, 
training, dissemination of information, or other acts to

promote cooperation between and among municipalities that 
provide utility
services and for the advancement of the goals 
and purposes of its
membership;
the Southern Illinois 
Collegiate Common Market, which is a consortium of higher

education institutions in Southern Illinois; the Illinois 
Association of
Park Districts; and any hospital provider that 
is owned by a county that has 100 or fewer hospital beds and 
has not already joined the program. "Qualified
local 
government" means a unit of local government approved by the 
Director and
participating in a program created under 
subsection (i) of Section 10 of this
Act.

 (t) "Qualified rehabilitation facility" means any 
not-for-profit
organization that is accredited by the 
Commission on Accreditation of
Rehabilitation Facilities or 
certified by the Department
of Human Services (as successor to 
the Department of Mental Health
and Developmental 
Disabilities) to provide services to persons with
disabilities

and which receives funds from the State of Illinois for 
providing those
services, approved by the Director and 
participating in a program created
under subsection (j) of 
Section 10 of this Act.

 (u) "Qualified domestic violence shelter or service" means 
any Illinois
domestic violence shelter or service and its 
administrative offices funded
by the Department of Human 
Services (as successor to the Illinois Department of
Public 
Aid),
approved by the Director and
participating in a program 
created under subsection (k) of Section 10.

 (v) "TRS benefit recipient" means a person who:

  (1) is not a "member" as defined in this Section; and

  (2) is receiving a monthly benefit or retirement 
 annuity
under Article 16 of the Illinois Pension Code or 
 would be receiving such monthly benefit or retirement 
 annuity except that the benefit recipient elected on or 
 after June 4, 2018 to receive an accelerated pension 
 benefit payment under Section 16-190.5 of the Illinois 
 Pension Code in lieu of receiving an annuity; and

  (3) either (i) has at least 8 years of creditable 
 service under Article
16 of the Illinois Pension Code, or 
 (ii) was enrolled in the health insurance
program offered 
 under that Article on January 1, 1996, or (iii) is the 
 survivor
of a benefit recipient who had at least 8
years of 
 creditable service under Article 16 of the Illinois 
 Pension Code or
was enrolled in the health insurance 
 program offered under that Article on June 21, 1995 (the 
 effective date of Public Act 89-25), or (iv) is a 
 recipient or
survivor of a recipient of a disability 
 benefit under Article 16 of the
Illinois Pension Code.

 (w) "TRS dependent beneficiary" means a person who:

  (1) is not a "member" or "dependent" as defined in 
 this Section; and

  (2) is a TRS benefit recipient's: (A) spouse, (B) 
 dependent parent who
is receiving at least half of his or 
 her support from the TRS benefit
recipient, or (C) 
 natural, step, adjudicated, or adopted child who is (i) 
 under age 26, (ii) was, on January 1, 1996, participating 
 as a dependent
beneficiary in the health insurance program 
 offered under Article 16 of the
Illinois Pension Code, or 
 (iii) age 19 or over who has a mental or physical 
 disability from a cause originating prior to the age of 19 
 (age 26 if enrolled as an adult child).

 "TRS dependent beneficiary" does not include, as indicated 
under paragraph (2) of this subsection (w), a dependent of the 
survivor of a TRS benefit recipient who first becomes a 
dependent of a survivor of a TRS benefit recipient on or after 
January 13, 2012 (the effective date of Public Act 97-668) 
unless that dependent would have been eligible for coverage as 
a dependent of the deceased TRS benefit recipient upon whom 
the survivor benefit is based. 
 (x) "Military leave" refers to individuals in basic

training for reserves, special/advanced training, annual 
training, emergency
call up, activation by the President of 
the United States, or any other training or duty in service to 
the United States Armed Forces.

 (y) (Blank).

 (z) "Community college benefit recipient" means a person 
who:

  (1) is not a "member" as defined in this Section; and

  (2) is receiving a monthly survivor's annuity or 
 retirement annuity
under Article 15 of the Illinois 
 Pension Code or would be receiving such monthly survivor's 
 annuity or retirement annuity except that the benefit 
 recipient elected on or after June 4, 2018 to receive an 
 accelerated pension benefit payment under Section 15-185.5 
 of the Illinois Pension Code in lieu of receiving an 
 annuity; and

  (3) either (i) was a full-time employee of a community 
 college district or
an association of community college 
 boards created under the Public Community
College Act 
 (other than an employee whose last employer under Article 
 15 of the
Illinois Pension Code was a community college 
 district subject to Article VII
of the Public Community 
 College Act) and was eligible to participate in a group

 health benefit plan as an employee during the time of 
 employment with a
community college district (other than a 
 community college district subject to
Article VII of the 
 Public Community College Act) or an association of 
 community
college boards, or (ii) is the survivor of a 
 person described in item (i).

 (aa) "Community college dependent beneficiary" means a 
person who:

  (1) is not a "member" or "dependent" as defined in 
 this Section; and

  (2) is a community college benefit recipient's: (A) 
 spouse, (B) dependent
parent who is receiving at least 
 half of his or her support from the community
college 
 benefit recipient, or (C) natural, step, adjudicated, or 
 adopted child who is (i)
under age 26, or (ii)
age 19 or 
 over and has a mental or physical disability from a cause 
 originating prior to the age of 19 (age 26 if enrolled as 
 an adult child).

 "Community college dependent beneficiary" does not 
include, as indicated under paragraph (2) of this subsection 
(aa), a dependent of the survivor of a community college 
benefit recipient who first becomes a dependent of a survivor 
of a community college benefit recipient on or after January 
13, 2012 (the effective date of Public Act 97-668) unless that 
dependent would have been eligible for coverage as a dependent 
of the deceased community college benefit recipient upon whom 
the survivor annuity is based. 
 (bb) "Qualified child advocacy center" means any Illinois 
child advocacy center and its administrative offices funded by 
the Department of Children and Family Services, as defined by 
the Children's Advocacy Center Act (55 ILCS 80/), approved by 
the Director and participating in a program created under 
subsection (n) of Section 10.

 (cc) "Placement for adoption" means the assumption and 
retention by a member of a legal obligation for total or 
partial support of a child in anticipation of adoption of the 
child. The child's placement with the member terminates upon 
the termination of such legal obligation. 
(Source: P.A. 101-242, eff. 8-9-19; 102-558, eff. 8-20-21; 
revised 12-2-21.)




 (5 ILCS 375/6.11)

 Sec. 6.11. Required health benefits; Illinois Insurance 
Code
requirements. The program of health
benefits shall 
provide the post-mastectomy care benefits required to be 
covered
by a policy of accident and health insurance under 
Section 356t of the Illinois
Insurance Code. The program of 
health benefits shall provide the coverage
required under 
Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, 
356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and 
356z.51 and 356z.43 of the
Illinois Insurance Code.
The 
program of health benefits must comply with Sections 155.22a, 
155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of 
the
Illinois Insurance Code. The Department of Insurance shall 
enforce the requirements of this Section with respect to 
Sections 370c and 370c.1 of the Illinois Insurance Code; all 
other requirements of this Section shall be enforced by the 
Department of Central Management Services.

 Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; 
101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 
1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, 
eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 
102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised 
10-26-21.)

 Section 40. The Sick Leave Bank Act is amended by changing 
Section 5.10 as follows:




 (5 ILCS 400/5.10) (from Ch. 127, par. 4255.10)



 Sec. 5.10. 
"Agency" means any branch, department, board, 
committee or
commission of State government, but does not 
include units of local
government, school districts, or boards 
of election commissioners, or the State Board of Education.

(Source: P.A. 102-539, eff. 8-20-21; revised 12-2-21.)


 Section 45. The Illinois Governmental Ethics Act is 
amended by changing Sections 4A-102 and 4A-107 as follows:

 (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)

 Sec. 4A-102. The statement of economic interests required 
by this Article
shall include the economic interests of the 
person making the statement as
provided in this Section. 
 (a) The interest (if constructively controlled by the

person making the statement) of a spouse or any other party, 
shall be
considered to be the same as the interest of the 
person making the
statement. Campaign receipts shall not be 
included in this statement. The following interests shall be 
listed by all persons required to file: 
  (1) each asset that has a value of more than $10,000 as 
 of the end of the preceding calendar year and is: (i) held 
 in the filer's name, (ii) held jointly by the filer with 
 his or her spouse, or (iii) held jointly by the filer with 
 his or her minor child or children. For a beneficial 
 interest in a trust, the value is based on the total value 
 of the assets either subject to the beneficial interest, 
 or from which income is to be derived for the benefit of 
 the beneficial interest, regardless of whether any 
 distributions have been made for the benefit of the 
 beneficial interest;
  (2) excluding the income from the position that 
 requires the filing of a statement of economic interests 
 under this Act, each source of income in excess of $7,500 
 during the preceding calendar year (as required to be 
 reported on the filer's federal income tax return covering 
 the preceding calendar year) for the filer and his or her 
 spouse and, if the sale or transfer of an asset produced 
 more than $7,500 in capital gains during the preceding 
 calendar year, the transaction date on which that asset 
 was sold or transferred;
  (3) each creditor of a debt in excess of $10,000 that, 
 during the preceding calendar year, was: (i) owed by the 
 filer, (ii) owed jointly by the filer with his or her 
 spouse or (iii) owed jointly by the filer with his or her 
 minor child or children;
  (4) the name of each unit of government of which the 
 filer or his or her spouse was an employee, contractor, or 
 office holder during the preceding calendar year other 
 than the unit or units of government in relation to which 
 the person is required to file and the title of the 
 position or nature of the contractual services; 
  (5) each person known to the filer to be registered as 
 a lobbyist with any unit of government in the State of 
 Illinois: (i) with whom the filer maintains an economic 
 relationship, or (ii) who is a member of the filer's 
 family; and
  (6) each source and type of gift or gifts, or 
 honorarium or honoraria, valued singly or in the aggregate 
 in excess of $500 that was received during the preceding 
 calendar year, excluding any gift or gifts from a member 
 of the filer's family that was not known to the filer to be 
 registered as a lobbyist with any unit of government in 
 the State of Illinois; and . 
  (7) the name of any spouse or immediate family member 
 living with such person employed by a public utility in 
 this State and the name of the public utility that employs 
 such person. 
 For the purposes of this Section, the unit of local 
government in relation to which a person is required to file 
under item (e) of Section 4A-101.5 shall be the unit of local 
government that contributes to the pension fund of which such 
person is a member of the board.
 (b) Beginning December 1, 2025, and for every 5 years 
thereafter, the Secretary of State shall adjust the amounts 
specified under this Section that prompt disclosure under this 
Act for purposes of inflation as determined by the Consumer 
Price Index for All Urban Consumers as issued by the United 
States Department of Labor and rounded to the nearest $100. 
The Secretary shall publish this information on the official 
website of the Secretary of State, and make changes to the 
statement of economic interests form to be completed for the 
following year.
 (c) The Secretary of State shall develop and make publicly 
available on his or her website written guidance relating to 
the completion and filing of the statement of economic 
interests upon which a filer may reasonably and in good faith 
rely. 

  (d) The following interest shall also be listed by 
 persons listed in items (a) through (f) of Section 4A-101: 
 the name of any spouse or immediate family member living 
 with such person employed by a public utility in this 
 State and the name of the public utility that employs such 
 person. is
(Source: P.A. 101-221, eff. 8-9-19; 102-662, eff. 9-15-21; 
102-664, eff. 1-1-22; revised 11-17-21.)


 (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)

 Sec. 4A-107. Any person required to file a statement of 
economic interests
under this Article who willfully files a 
false or incomplete statement shall be
guilty of a Class A 
misdemeanor; provided, a filer's statement made in reasonable, 
good faith reliance on the guidance provided by the Secretary 
of State pursuant to Section 4A-102 or his or her ethics 
officer shall not constitute a willful false or incomplete 
statement.


 Except when the fees and penalties for late filing have 
been waived under Section 4A-105, failure to file a statement 
within the time prescribed shall result in
ineligibility for, 
or forfeiture of, office or position of employment, as
the 
case may be; provided, however, that if the notice of failure 
to
file a statement of economic interests provided in Section 
4A-105 of this
Act is not given by the Secretary of State or 
the county clerk, as the case
may be, no forfeiture shall 
result if a statement is filed within 30 days
of actual notice 
of the failure to file. The Secretary of State shall provide 
the Attorney General with the names of persons who failed to 
file a statement. The county clerk shall provide the State's 
Attorney of the county of the entity for which the filing of a 
statement of economic interest is required with the name of 
persons who failed to file a statement.


 The Attorney General, with respect to offices or positions 
described in
items (a) through (f) and items (j), (l), (n), and 
(p) of Section 4A-101 of this
Act, or the State's
Attorney of 
the county of the entity for which the filing of statements of

economic interests is required, with respect to offices or 
positions
described in items (a) through (e) of
Section 
4A-101.5,
shall bring an action in quo warranto against any 
person who has failed to file
by either May 31 or June 30 of 
any given year and for whom the fees and penalties for late 
filing have not been waived under Section 4A-105.


(Source: P.A. 101-221, eff. 8-9-19; 102-664, eff. 1-1-22; 
revised 12-16-21.)


 Section 50. The State Officials and Employees Ethics Act 
is amended by changing Section 5-50 as follows:

 (5 ILCS 430/5-50)

 Sec. 5-50. Ex parte communications; special government 
agents.


 (a) This Section applies to ex
parte communications made 
to any agency listed in subsection (e).

 (b) "Ex parte communication" means any written or oral 
communication by any
person
that imparts or requests material

information
or makes a material argument regarding
potential 
action concerning regulatory, quasi-adjudicatory, investment, 
or
licensing
matters pending before or under consideration by 
the agency.
"Ex parte
communication" does not include the 
following: (i) statements by
a person publicly made in a 
public forum; (ii) statements regarding
matters of procedure 
and practice, such as format, the
number of copies required, 
the manner of filing, and the status
of a matter; and (iii) 
statements made by a
State employee of the agency to the agency 
head or other employees of that
agency.


 (b-5) An ex parte communication received by an agency,

agency head, or other agency employee from an interested party 
or
his or her official representative or attorney shall 
promptly be
memorialized and made a part of the record.

 (c) An ex parte communication received by any agency, 
agency head, or
other agency
employee, other than an ex parte 
communication described in subsection (b-5),
shall immediately 
be reported to that agency's ethics officer by the recipient

of the communication and by any other employee of that agency 
who responds to
the communication. The ethics officer shall 
require that the ex parte
communication
be promptly made a 
part of the record. The ethics officer shall promptly
file the 
ex parte communication with the
Executive Ethics Commission, 
including all written
communications, all written responses to 
the communications, and a memorandum
prepared by the ethics 
officer stating the nature and substance of all oral

communications, the identity and job title of the person to 
whom each
communication was made,
all responses made, the 
identity and job title of the person making each
response,
the 
identity of each person from whom the written or oral ex parte

communication was received, the individual or entity 
represented by that
person, any action the person requested or 
recommended, and any other pertinent
information.
The 
disclosure shall also contain the date of any
ex parte 
communication.


 (d) "Interested party" means a person or entity whose 
rights,
privileges, or interests are the subject of or are 
directly affected by
a regulatory, quasi-adjudicatory, 
investment, or licensing matter.
For purposes of an ex parte 
communication received by either the Illinois Commerce 
Commission or the Illinois Power Agency, "interested party" 
also includes: (1) an organization comprised of 2 or more 
businesses, persons, nonprofit entities, or any combination 
thereof, that are working in concert to advance public policy 
advocated by the organization, or (2) any party selling 
renewable energy resources procured by the Illinois Power 
Agency pursuant to Section 16-111.5 of the Public Utilities 
Act and Section 1-75 of the Illinois Power Agency Act. 

 (e) This Section applies to the following agencies:


Executive Ethics Commission

Illinois Commerce Commission

Illinois Power Agency 
Educational Labor Relations Board

State Board of Elections

Illinois Gaming Board

Health Facilities and Services Review Board 

Illinois Workers' Compensation Commission

Illinois Labor Relations Board

Illinois Liquor Control Commission

Pollution Control Board

Property Tax Appeal Board

Illinois Racing Board

Illinois Purchased Care Review Board

Illinois State Police Merit Board

Motor Vehicle Review Board

Prisoner Review Board

Civil Service Commission

Personnel Review Board for the Treasurer

Merit Commission for the Secretary of State

Merit Commission for the Office of the Comptroller
Court of Claims

Board of Review of the Department of Employment Security

Department of Insurance

Department of Professional Regulation and licensing boards

 under the Department

Department of Public Health and licensing boards under the

 Department

Office of Banks and Real Estate and licensing boards under

 the Office
State Employees Retirement System Board of Trustees

Judges Retirement System Board of Trustees

General Assembly Retirement System Board of Trustees

Illinois Board of Investment

State Universities Retirement System Board of Trustees

Teachers Retirement System Officers Board of Trustees

 (f) Any person who fails to (i) report an ex parte 
communication to an
ethics officer, (ii) make information part 
of the record, or (iii) make a
filing
with the Executive Ethics 
Commission as required by this Section or as required
by

Section 5-165 of the Illinois Administrative Procedure Act 
violates this Act.


(Source: P.A. 102-538, eff. 8-20-21; 102-662, eff. 9-15-21; 
revised 11-17-21.)

 Section 55. The Community-Law Enforcement and Other First 
Responder Partnership for Deflection and Substance Use 
Disorder Treatment Act is amended by changing Sections 10 and 
35 as follows:

 (5 ILCS 820/10)

 Sec. 10. Definitions. In this Act:

 "Case management" means those services which will assist 
persons in gaining access to needed social, educational, 
medical, substance use and mental health treatment, and other 
services.

 "Community member or organization" means an individual 
volunteer, resident, public office, or a not-for-profit 
organization, religious institution, charitable organization, 
or other public body committed to the improvement of 
individual and family mental and physical well-being and the 
overall social welfare of the community, and may include 
persons with lived experience in recovery from substance use 
disorder, either themselves or as family members.

 "Other first responder" means and includes emergency 
medical services providers that are public units of 
government, fire departments and districts, and officials and 
responders representing and employed by these entities. 
 "Deflection program" means a program in which a peace 
officer or member of a law enforcement agency or other first 
responder facilitates contact between an individual and a 
licensed substance use treatment provider or clinician for 
assessment and coordination of treatment planning, including 
co-responder approaches that incorporate behavioral health, 
peer, or social work professionals with law enforcement or 
other first responders at the scene. This facilitation 
includes defined criteria for eligibility and communication 
protocols agreed to by the law enforcement agency or other 
first responder entity and the licensed treatment provider for 
the purpose of providing substance use treatment to those 
persons in lieu of arrest or further justice system 
involvement, or unnecessary admissions to the emergency 
department. Deflection programs may include, but are not 
limited to, the following types of responses:
  (1) a post-overdose deflection response initiated by a 
 peace officer or law enforcement agency subsequent to 
 emergency administration of medication to reverse an 
 overdose, or in cases of severe substance use disorder 
 with acute risk for overdose;

  (2) a self-referral deflection response initiated by 
 an individual by contacting a peace officer or law 
 enforcement agency or other first responder in the 
 acknowledgment of their substance use or disorder;

  (3) an active outreach deflection response initiated 
 by a peace officer or law enforcement agency or other 
 first responder as a result of proactive identification of 
 persons thought likely to have a substance use disorder;

  (4) an officer or other first responder prevention 
 deflection response initiated by a peace officer or law 
 enforcement agency in response to a community call when no 
 criminal charges are present; and
  (5) an officer intervention deflection response when 
 criminal charges are present but held in abeyance pending 
 engagement with treatment.

 "Law enforcement agency" means a municipal police 
department or county sheriff's office of this State, the 
Illinois State Police, or other law enforcement agency whose 
officers, by statute, are granted and authorized to exercise 
powers similar to those conferred upon any peace officer 
employed by a law enforcement agency of this State.

 "Licensed treatment provider" means an organization 
licensed by the Department of Human Services to perform an 
activity or service, or a coordinated range of those 
activities or services, as the Department of Human Services 
may establish by rule, such as the broad range of emergency, 
outpatient, intensive outpatient, and residential services and 
care, including assessment, diagnosis, case management, 
medical, psychiatric, psychological and social services, 
medication-assisted treatment, care and counseling, and 
recovery support, which may be extended to persons to assess 
or treat substance use disorder or to families of those 
persons.

 "Peace officer" means any peace officer or member of any 
duly organized State, county, or municipal peace officer unit, 
any police force of another State, or any police force whose 
members, by statute, are granted and authorized to exercise 
powers similar to those conferred upon any peace officer 
employed by a law enforcement agency of this State.

 "Substance use disorder" means a pattern of use of alcohol 
or other drugs leading to clinical or functional impairment, 
in accordance with the definition in the Diagnostic and 
Statistical Manual of Mental Disorders (DSM-5), or in any 
subsequent editions.

 "Treatment" means the broad range of emergency, 
outpatient, intensive outpatient, and residential services and 
care (including assessment, diagnosis, case management, 
medical, psychiatric, psychological and social services, 
medication-assisted treatment, care and counseling, and 
recovery support) which may be extended to persons who have 
substance use disorders, persons with mental illness, or 
families of those persons.


(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; 
revised 10-6-21.)

 (5 ILCS 820/35)
 Sec. 35. Funding.

 (a) The General Assembly may appropriate funds to the 
Illinois Criminal Justice Information Authority for the 
purpose of funding law enforcement agencies or other first 
responder entities for services provided by deflection program 
partners as part of deflection programs subject to subsection 
(d) of Section 15 of this Act.

 (a.1) Up to 10 percent of appropriated funds may be 
expended on activities related to knowledge dissemination, 
training, technical assistance, or other similar activities 
intended to increase practitioner and public awareness of 
deflection and/or to support its implementation. The Illinois 
Criminal Justice Information Authority may adopt guidelines 
and requirements to direct the distribution of funds for these 
activities. 
 (b) For all appropriated funds not distributed under 
subsection (a.1) a.1, the Illinois Criminal Justice 
Information Authority may adopt guidelines and requirements to 
direct the distribution of funds for expenses related to 
deflection programs. Funding shall be made available to 
support both new and existing deflection programs in a broad 
spectrum of geographic regions in this State, including urban, 
suburban, and rural communities. Funding for deflection 
programs shall be prioritized for communities that have been 
impacted by the war on drugs, communities that have a 
police/community relations issue, and communities that have a 
disproportionate lack of access to mental health and drug 
treatment. Activities eligible for funding under this Act may 
include, but are not limited to, the following:

  (1) activities related to program administration, 
 coordination, or management, including, but not limited 
 to, the development of collaborative partnerships with 
 licensed treatment providers and community members or 
 organizations; collection of program data; or monitoring 
 of compliance with a local deflection program plan;

  (2) case management including case management provided 
 prior to assessment, diagnosis, and engagement in 
 treatment, as well as assistance navigating and gaining 
 access to various treatment modalities and support 
 services;

  (3) peer recovery or recovery support services that 
 include the perspectives of persons with the experience of 
 recovering from a substance use disorder, either 
 themselves or as family members;

  (4) transportation to a licensed treatment provider or 
 other program partner location;
  (5) program evaluation activities; .
  (6) naloxone and related supplies necessary for 
 carrying out overdose reversal for purposes of 
 distribution to program participants or for use by law 
 enforcement or other first responders; and
  (7) treatment necessary to prevent gaps in service 
 delivery between linkage and coverage by other funding 
 sources when otherwise non-reimbursable. 
 (c) Specific linkage agreements with recovery support 
services or self-help entities may be a requirement of the 
program services protocols. All deflection programs shall 
encourage the involvement of key family members and 
significant others as a part of a family-based approach to 
treatment. All deflection programs are encouraged to use 
evidence-based practices and outcome measures in the provision 
of substance use disorder treatment and medication-assisted 
treatment for persons with opioid use disorders.

(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19; 
101-652, eff. 7-1-21; revised 11-24-21.)

 Section 60. The Gun Trafficking Information Act is amended 
by changing Section 10-5 as follows:

 (5 ILCS 830/10-5)

 Sec. 10-5. Gun trafficking information.

 (a) The Illinois State Police shall use all reasonable 
efforts in making publicly available, on a regular and ongoing

basis, key information related to firearms used in the

commission of crimes in this State, including, but not limited

to: reports on crimes committed with firearms, locations where

the crimes occurred, the number of persons killed or injured 
in
the commission of the crimes, the state where the firearms 
used
originated, the Federal Firearms Licensee that sold the 
firearm, the type of firearms used, annual statistical 
information concerning Firearm Owner's Identification Card and 
concealed carry license applications, revocations, and 
compliance with Section 9.5 of the Firearm Owners 
Identification Card Act, firearm restraining order 
dispositions, and firearm dealer license certification 
inspections. The Illinois State Police
shall make the 
information available on its
website, which may be presented 
in a dashboard format, in addition to electronically filing a 
report with the
Governor and the General Assembly. The report 
to the General
Assembly shall be filed with the Clerk of the 
House of
Representatives and the Secretary of the Senate in 
electronic
form only, in the manner that the Clerk and the 
Secretary shall
direct.

 (b) The Illinois State Police shall study, on a regular 
and ongoing basis, and compile reports on the number of 
Firearm Owner's Identification Card checks to determine 
firearms trafficking or straw purchase patterns. The Illinois 
State Police shall, to the extent not inconsistent with law, 
share such reports and underlying data with academic centers, 
foundations, and law enforcement agencies studying firearms 
trafficking, provided that personally identifying information 
is protected. For purposes of this subsection (b), a Firearm 
Owner's Identification Card number is not personally 
identifying information, provided that no other personal 
information of the card holder is attached to the record. The 
Illinois State Police may create and attach an alternate 
unique identifying number to each Firearm Owner's 
Identification Card number, instead of releasing the Firearm 
Owner's Identification Card number itself.
 (c) Each department, office, division, and agency of this

State shall, to the extent not inconsistent with law, 
cooperate
fully with the Illinois State Police and furnish the

Illinois State Police with all relevant information and 
assistance on a
timely basis as is necessary to accomplish the 
purpose of this
Act. The Illinois Criminal Justice Information 
Authority shall submit the information required in subsection 
(a) of this Section to the Illinois State Police, and any other 
information as the Illinois State Police may request, to 
assist the Illinois State Police in carrying out its duties 
under this Act.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-5-21.)

 Section 65. The Election Code is amended by changing 
Section 19-2 as follows:

 (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
 Sec. 19-2. Except as otherwise provided in this Code, any 
elector as defined in Section 19-1 may by mail or 
electronically on the website of the appropriate election 
authority, not more than 90 nor less than 5 days prior to the

date of such election, or by personal delivery not more than 90 
nor less
than one day prior to the date of such election, make 
application to the
county clerk or to the Board of Election 
Commissioners for an official
ballot for the voter's precinct 
to be voted at such election to. Such a ballot shall be 
delivered to the elector only upon separate application by the 
elector for each election. Voters who make an application for 
permanent vote by mail ballot status shall follow the 
procedures specified in Section 19-3 and may apply year round. 
Voters whose application for permanent vote by mail status is 
accepted by the election authority shall remain on the 
permanent vote by mail list until the voter requests to be 
removed from permanent vote by mail status, the voter provides 
notice to the election authority of a change in registration 
that affects their registration status, or the election 
authority receives confirmation that the voter has 
subsequently registered to vote in another election authority 
jurisdiction. The URL address at which voters may 
electronically request a vote by mail ballot shall be fixed no 
later than 90 calendar days before an election and shall not be 
changed until after the election.


(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; 
102-687, eff. 12-17-21; revised 1-5-22.)


 Section 70. The Secretary of State Act is amended by 
setting forth, renumbering, and changing multiple
versions of 
Section 35 as follows:

 (15 ILCS 305/35)
 (Section scheduled to be repealed on July 1, 2022)
 Sec. 35. Task Force on Best Practices and Licensing of 
Non-Transplant Organ Donation Organizations.
 (a) The General Assembly finds and declares that:
  (1) Non-transplant organ donation organizations that 
 accept or process whole body donations or body parts not 
 for transplantation owe a duty of transparency and 
 safekeeping to the donor and his or her next of kin. 
 Medical and scientific research is critical to a continued 
 understanding of the human body, disease, and training the 
 next generation of medical professionals, funeral home 
 directors, coroners, and mortuary students. Non-transplant 
 organ donation organizations do not include organizations 
 that receive body parts for the purposes of 
 transplantation.
  (2) Recently, non-transplant organizations that 
 receive or process whole body donation or body part 
 donation not for transplantation purposes, have misused or 
 mishandled donor bodies and body parts.
  (3) Neither State nor federal law adequately regulates 
 this industry. 
 (b) As used in this Section, "Task Force" means the Task 
Force on Best Practices and Licensing of Non-Transplant Organ 
Donation Organizations. 
 (c) There is created a Task Force on Best Practices and 
Licensing of Non-Transplant Organ Donation Organizations to 
review and report on national standards for best practices in 
relation to the licensing and regulation of organizations that 
solicit or accept non-transplantation whole bodies and body 
parts, including licensing standards, State regulation, 
identification of bodies and body parts, and sanctions. The 
goal of the Task Force is to research the industry, 
investigate State and local standards, and provide 
recommendations to the General Assembly and Office of the 
Governor.
 (d) The Task Force's report shall include, but not be 
limited to, standards for organizations that accept whole body 
and body part donation, the application process for licensure, 
best practices regarding consent, the identification, 
labeling, handling and return of bodies and body parts to 
ensure proper end-use and return to the next of kin, and best 
practices for ensuring donors and next of kin are treated with 
transparency and dignity. The report shall also evaluate and 
make a recommendation as to the area of State government most 
appropriate for licensing organizations and regulation of the 
industry. The report shall also make a recommendation on 
legislation to enact the findings of the Task Force.
 (e) The Task Force shall meet no less than 5 times between 
July 9, 2021 (the effective date of Public Act 102-96) this 
amendatory Act of the 102nd General Assembly and December 31, 
2021. The Task Force shall prepare a report that summarizes 
its work and makes recommendations resulting from its review. 
The Task Force shall submit the report of its findings and 
recommendations to the Governor and General Assembly no later 
than January 15, 2022.
 (f) The Task Force shall consist of the following 8 
members:
  (1) the Secretary of State or his or her designee;
  (2) one member appointed by the Secretary of State 
 from the Department of Organ Donor of the Office of the 
 Secretary of State;
  (3) one member appointed by the President of the 
 Senate;
  (4) one member appointed by the Minority Leader of the 
 Senate;
  (5) one member appointed by the Speaker of the House 
 of Representatives;
  (6) one member appointed by the Minority Leader of the 
 House of Representatives;
  (7) one member appointed by the Director of Public 
 Health; and
  (8) one member from a University or Mortuary School 
 that has experience in receiving whole body donations, 
 appointed by the Governor.
 (g) The Secretary of State shall designate which member 
shall serve as chairperson and facilitate the Task Force. The 
members of the Task Force shall be appointed no later than 90 
days after July 9, 2021 (the effective date of Public Act 
102-96) this amendatory Act of the 102nd General Assembly. 
Vacancies in the membership of the Task Force shall be filled 
in the same manner as the original appointment. The members of 
the Task Force shall not receive compensation for serving as 
members of the Task Force.
 (h) The Office of the Secretary of State shall provide the 
Task Force with administrative and other support.
 (i) This Section is repealed on July 1, 2022. 

(Source: P.A. 102-96, eff. 7-9-21; revised 10-27-21.)



 (15 ILCS 305/36)


 Sec. 36 35. Authority to accept electronic signatures.
 (a) Through the adoption of administrative rules, the 
Secretary may authorize the filing of documents with his or 
her office that have been signed by electronic means.
 (b) The administrative rules adopted by the Secretary 
shall set forth the following:
  (1) the type of electronic signature required;
  (2) the manner and format in which the electronic 
 signature must be affixed to the electronic record;
  (3) the types of transactions which may be filed with 
 his or her office with electronic signatures;
  (4) the procedures for seeking certification of 
 compliance with electronic signature requirements; and
  (5) the date on which the Secretary will begin 
 accepting electronic signatures.
 (c) Any entity seeking to provide services to third 
parties for the execution of electronic signatures for filing 
with the Secretary of State shall apply for a certification of 
compliance with the requirements for the submission of 
electronic signatures. To receive a certification of 
compliance, the entity must establish the ability to comply 
with all of the requirements of this Section and the 
administrative rules adopted pursuant to this Section. There 
is no limitation on the number of entities that may be issued a 
certification of compliance. The Secretary shall include on 
its Internet website a list of the entities that have been 
issued a certification of compliance.
 (d) The Secretary shall only accept electronic signatures 
created by use of the services of an entity that has received a 
certification of compliance as set forth in this Section.
 (e) An electronic signature must meet all of the following 
requirements:
  (1) Be executed or adopted by a person with the intent 
 to sign the document so as to indicate the person's 
 approval of the information contained in the document.
  (2) Be attached to or logically associated with the 
 information contained in the document being signed.
  (3) Be capable of reliable identification and 
 authentication of the person as the signer. Identification 
 and authentication may be accomplished through additional 
 security procedures or processes if reliably correlated to 
 the electronic signature.
  (4) Be linked to the document in a manner that would 
 invalidate the electronic signature if the document is 
 changed.
  (5) Be linked to the document so as to preserve its 
 integrity as an accurate and complete record for the full 
 retention period of the document.
  (6) Be compatible with the standards and technology 
 for electronic signatures that are generally used in 
 commerce and industry and by state governments.
 (f) If the Secretary determines an electronic signature is 
not in compliance with this Section or the administrative 
rules adopted pursuant to this Section, or is not in 
compliance with other applicable statutory or regulatory 
provisions, the Secretary may refuse to accept the signature.
 (g) Electronic signatures accepted by the Secretary of 
State shall have the same force and effect as manual 
signatures.
 (h) Electronic delivery of records accepted by the 
Secretary of State shall have the same force and effect as 
physical delivery of records.
 (i) Electronic records and electronic signatures accepted 
by the Secretary of State shall be admissible in all 
administrative, quasi-judicial, and judicial proceedings. In 
any such proceeding, nothing in the application of the rules 
of evidence shall apply so as to deny the admissibility of an 
electronic record or electronic signature into evidence on the 
sole ground that it is an electronic record or electronic 
signature, or on the grounds that it is not in its original 
form or is not an original. Information in the form of an 
electronic record shall be given due evidentiary weight by the 
trier of fact.

(Source: P.A. 102-213, eff. 1-1-22; revised 10-27-21.)


 Section 75. The Secretary of State Merit Employment Code 
is amended by changing Section 10b.1 as follows:



 (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)



 Sec. 10b.1. Competitive examinations. 

 (a) For open competitive
examinations to test the relative 
fitness of applicants for the
respective positions. Tests 
shall be designed to eliminate those who
are not qualified for 
entrance into the Office of the Secretary of State
and to 
discover the relative fitness of those who are qualified. The

Director may use any one of or any combination of the following

examination methods which in his judgment best serves this 
end:
investigation of education and experience; test of 
cultural knowledge;
test of capacity; test of knowledge; test 
of manual skill; test of
linguistic ability; test of 
character; test of physical skill; test of
psychological 
fitness. No person with a record of misdemeanor
convictions 
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,

11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, 
14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, 31-1, 31-4, 
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions 
(a)(1) and (a)(2)(C) of Section 11-14.3,
and paragraphs (1), 
(6), and (8) of subsection (a) sub-sections 1, 6 and 8 of 
Section 24-1 of the Criminal Code of
1961 or the Criminal Code 
of 2012, or arrested for any cause but not convicted thereon 
shall be
disqualified from taking such examinations or 
subsequent appointment
unless the person is attempting to 
qualify for a position which would
give him the powers of a 
peace officer, in which case the person's
conviction or arrest 
record may be considered as a factor in determining
the 
person's fitness for the position. All examinations shall be

announced publicly at least 2 weeks in advance of the date of

examinations and may be advertised through the press, radio or 
other
media.

 The Director may, at his discretion, accept the results of

competitive examinations conducted by any merit system 
established by
Federal law or by the law of any state State, 
and may compile eligible lists
therefrom or may add the names 
of successful candidates in examinations
conducted by those 
merit systems to existing eligible lists in
accordance with 
their respective ratings. No person who is a
non-resident of 
the State of Illinois may be appointed from those
eligible 
lists, however, unless the requirement that applicants be

residents of the State of Illinois is waived by the Director of

Personnel and unless there are less than 3 Illinois residents 
available
for appointment from the appropriate eligible list. 
The results of the
examinations conducted by other merit 
systems may not be used unless
they are comparable in 
difficulty and comprehensiveness to examinations
conducted by 
the Department of Personnel for similar positions. Special

linguistic options may also be established where deemed 
appropriate.

 (b) The Director of Personnel may require that each person 
seeking
employment with the Secretary of State, as part of the 
application
process, authorize an investigation to determine 
if the applicant has
ever been convicted of a crime and if so, 
the disposition of those
convictions; this authorization shall 
indicate the scope of the inquiry
and the agencies which may be 
contacted. Upon this authorization, the
Director of Personnel 
may request and receive information and assistance
from any 
federal, state or local governmental agency as part of the

authorized investigation. The investigation shall be 
undertaken after the
fingerprinting of an applicant in the 
form and manner prescribed by the
Illinois State Police. The 
investigation shall consist of a criminal
history records 
check performed by the Illinois State Police and the
Federal 
Bureau of Investigation, or some other entity that has the 
ability to
check the applicant's fingerprints against the 
fingerprint records now and
hereafter filed in the Illinois 
State Police and Federal Bureau of
Investigation criminal 
history records databases. If the Illinois State Police and 
the Federal Bureau of Investigation
conduct an investigation 
directly for the Secretary of State's Office, then
the 
Illinois State Police shall charge a fee for conducting the 
criminal
history records check, which shall be deposited in 
the State Police Services
Fund and shall not exceed the actual 
cost of the records check. The
Illinois State Police shall

provide information concerning any criminal convictions, and 
their
disposition, brought against the applicant or 
prospective employee of
the Secretary of State upon request of 
the Department of Personnel when
the request is made in the 
form and manner required by the Illinois State Police. The 
information derived from this investigation,
including the 
source of this information, and any conclusions or

recommendations derived from this information by the Director 
of
Personnel shall be provided to the applicant or prospective 
employee, or
his designee, upon request to the Director of 
Personnel prior to any
final action by the Director of 
Personnel on the application. No
information obtained from 
such investigation may be placed in any
automated information 
system. Any criminal convictions and their
disposition 
information obtained by the Director of Personnel shall be

confidential and may not be transmitted outside the Office of 
the
Secretary of State, except as required herein, and may not 
be
transmitted to anyone within the Office of the Secretary of 
State except
as needed for the purpose of evaluating the 
application. The only
physical identity materials which the 
applicant or prospective employee
can be required to provide 
the Director of Personnel are photographs or
fingerprints; 
these shall be returned to the applicant or prospective

employee upon request to the Director of Personnel, after the

investigation has been completed and no copy of these 
materials may be
kept by the Director of Personnel or any 
agency to which such identity
materials were transmitted. Only 
information and standards which bear a
reasonable and rational 
relation to the performance of an employee shall
be used by the 
Director of Personnel. The Secretary of State shall
adopt 
rules and regulations for the administration of this Section. 
Any
employee of the Secretary of State who gives or causes to 
be given away
any confidential information concerning any 
criminal convictions and
their disposition of an applicant or 
prospective employee shall be
guilty of a Class A misdemeanor 
unless release of such information is
authorized by this 
Section.

(Source: P.A. 102-538, eff. 8-20-21; revised 12-2-21.)


 Section 80. The State Comptroller Act is amended by 
setting forth and renumbering multiple
versions of Section 28 
as follows:

 (15 ILCS 405/28)
 Sec. 28. State Comptroller purchase of real property.
 (a) Subject to the provisions of the Public Contract Fraud

Act, the State Comptroller, on behalf of the State of 
Illinois, is
authorized during State fiscal years 2021 and 
2022 to acquire
real property located in the City of 
Springfield, which the State Comptroller deems necessary to 
properly carry out
the powers and duties vested in him or her. 
Real property
acquired under this Section may be acquired 
subject to any
third party interests in the property that do 
not prevent the
State Comptroller from exercising the intended 
beneficial use of
such property. This subsection (a) is 
inoperative on and after July 1, 2022.
 (b) Subject to the provisions of the Comptroller's

Procurement Rules, which shall be substantially in accordance

with the requirements of the Illinois Procurement Code, the

State Comptroller may:
  (1) enter into contracts relating to construction,

 reconstruction, or renovation projects for any such

 buildings or lands acquired under subsection (a); and
  (2) equip, lease, repair, operate, and maintain those 
 grounds,
buildings, and facilities as may be appropriate 
 to carry out
his or her statutory purposes and duties.
 (c) The State Comptroller may enter into agreements for 
the purposes of exercising his or her authority under this 
Section.
 (d) The exercise of the authority vested in the 
Comptroller to acquire
property under this
Section is subject 
to appropriation.
 (e) The Capital Facility and Technology Modernization Fund 
is hereby created as a special fund in the State treasury. 
Subject to appropriation, moneys in the Fund shall be used by 
the Comptroller for the purchase, reconstruction, lease, 
repair, and maintenance of real property as may be acquired 
under this Section, including for expenses related to the 
modernization and maintenance of information technology 
systems and infrastructure. 

(Source: P.A. 101-665, eff. 4-2-21.)



 (15 ILCS 405/29)


 Sec. 29 28. Comptroller recess appointments. If, during a 
recess of the Senate, there is a
vacancy in an office filled by 
appointment by the Comptroller by
and with the advice and 
consent of the Senate, the Comptroller
shall make a temporary 
appointment until the next meeting of
the Senate, when he or 
she shall make a nomination to fill such
office. Any 
nomination not acted upon by the Senate within 60 session
days 
after the receipt thereof shall be deemed to have
received the 
advice and consent of the Senate. No person rejected by the 
Senate for an office
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.

(Source: P.A. 102-291, eff. 8-6-21; revised 10-27-21.)


 Section 85. The Comptroller Merit Employment Code is 
amended by changing Section 10b.1 as follows:



 (15 ILCS 410/10b.1) (from Ch. 15, par. 426)



 Sec. 10b.1. Competitive examinations. For open competitive 
examinations
to test the relative fitness of applicants for 
the respective positions.
Tests shall be designed to eliminate 
those who are not qualified for entrance
into the Office of the 
Comptroller and to discover the relative fitness
of those who 
are qualified. The Director may use any one of or any 
combination
of the following examination methods which in his 
judgment best serves this
end: investigation of education and 
experience; test of cultural knowledge;
test of capacity; test 
of knowledge; test of manual skill; test of linguistic

ability; test of character; test of physical skill; test of 
psychological
fitness. No person with a record of misdemeanor 
convictions except those
under Sections 11-1.50, 11-6, 11-7, 
11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 
31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, 
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and 
paragraphs (1), (6), and (8) of subsection (a) sub-sections 1, 
6 and
8 of Section 24-1 of the Criminal Code of 1961 or the 
Criminal Code of 2012, or arrested for any cause
but not 
convicted thereon shall be disqualified
from taking such 
examinations or subsequent appointment unless the person
is 
attempting to qualify for a position which entails financial

responsibilities,
in which case the person's conviction or 
arrest record
may be considered as a factor in determining the 
person's fitness for the
position. All examinations shall be 
announced publicly at least 2 weeks
in advance of the date of 
examinations and may be advertised through the
press, radio or 
other media.

 The Director may, at his or her discretion, accept the 
results of
competitive examinations
conducted by any merit 
system established by Federal law or by the law of
any state 
State, and may compile eligible lists therefrom or may add the 
names
of successful candidates in examinations conducted by 
those merit systems
to existing eligible lists in accordance 
with their respective ratings.
No person who is a non-resident 
of the State of Illinois may be appointed
from those eligible 
lists, however, unless the requirement that applicants
be 
residents of the State of Illinois is waived by the Director of 
Human
Resources
and unless there are less than 3 Illinois 
residents available for appointment
from the appropriate 
eligible list. The results of the examinations conducted
by 
other merit systems may not be used unless they are comparable 
in difficulty
and comprehensiveness to examinations conducted 
by the Department of Human
Resources
for similar positions. 
Special linguistic options may also be established
where 
deemed appropriate.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13; 
revised 12-2-21.)


 Section 90. The Deposit of State Moneys Act is amended by 
changing Section 22.5 as follows:



 (15 ILCS 520/22.5) (from Ch. 130, par. 41a)

 (For force and effect of certain provisions, see Section 
90 of P.A. 94-79)
 Sec. 22.5. Permitted investments. The State Treasurer may 
invest and reinvest any State money in the State Treasury

which is not needed for current expenditures due or about to 
become due, in
obligations of the United States government or 
its agencies or of National
Mortgage Associations established 
by or under the National Housing Act, 12
U.S.C. 1701 et seq., 
or
in mortgage participation certificates representing 
undivided interests in
specified, first-lien conventional 
residential Illinois mortgages that are
underwritten, insured, 
guaranteed, or purchased by the Federal Home Loan
Mortgage 
Corporation or in Affordable Housing Program Trust Fund Bonds 
or
Notes as defined in and issued pursuant to the Illinois 
Housing Development
Act. All such obligations shall be 
considered as cash and may
be delivered over as cash by a State 
Treasurer to his successor.

 The State Treasurer may purchase
any state bonds with any 
money in the State Treasury that has been set
aside and held 
for the payment of the principal of and interest on the
bonds. 
The bonds shall be considered as cash and may be delivered over

as cash by the State Treasurer to his successor.

 The State Treasurer may invest or
reinvest any State money 
in the State Treasury
that is not needed for current 
expenditures due or about to become
due, or any money in the 
State Treasury that has been set aside and
held for the payment 
of the principal of and interest on any State
bonds, in bonds 
issued by counties or municipal corporations of the
State of 
Illinois.

 The State Treasurer may invest or reinvest up to 5% of the 
College Savings Pool Administrative Trust Fund, the Illinois 
Public Treasurer Investment Pool (IPTIP) Administrative Trust 
Fund, and the State Treasurer's Administrative Fund that is 
not needed for current expenditures due or about to become 
due, in common or preferred stocks of publicly traded 
corporations, partnerships, or limited liability companies, 
organized in the United States, with assets exceeding 
$500,000,000 if: (i) the purchases do not exceed 1% of the 
corporation's or the limited liability company's outstanding 
common and preferred stock; (ii) no more than 10% of the total 
funds are invested in any one publicly traded corporation, 
partnership, or limited liability company; and (iii) the 
corporation or the limited liability company has not been 
placed on the list of restricted companies by the Illinois 
Investment Policy Board under Section 1-110.16 of the Illinois 
Pension Code. 

 Whenever the total amount of vouchers presented to the 
Comptroller under Section 9 of the State Comptroller Act 
exceeds the funds available in the General Revenue Fund by 
$1,000,000,000 or more, then the State Treasurer may invest 
any State money in the State Treasury, other than money in the 
General Revenue Fund, Health Insurance Reserve Fund, Attorney 
General Court Ordered and Voluntary Compliance Payment 
Projects Fund, Attorney General Whistleblower Reward and 
Protection Fund, and Attorney General's State Projects and 
Court Ordered Distribution Fund, which is not needed for 
current expenditures, due or about to become due, or any money 
in the State Treasury which has been set aside and held for the 
payment of the principal of and the interest on any State bonds 
with the Office of the Comptroller in order to enable the 
Comptroller to pay outstanding vouchers. At any time, and from 
time to time outstanding, such investment shall not be greater 
than $2,000,000,000. Such investment shall be deposited into 
the General Revenue Fund or Health Insurance Reserve Fund as 
determined by the Comptroller. Such investment shall be repaid 
by the Comptroller with an interest rate tied to the London 
Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an 
equivalent market established variable rate, but in no case 
shall such interest rate exceed the lesser of the penalty rate 
established under the State Prompt Payment Act or the timely 
pay interest rate under Section 368a of the Illinois Insurance 
Code. The State Treasurer and the Comptroller shall enter into 
an intergovernmental agreement to establish procedures for 
such investments, which market established variable rate to 
which the interest rate for the investments should be tied, 
and other terms which the State Treasurer and Comptroller 
reasonably believe to be mutually beneficial concerning these 
investments by the State Treasurer. The State Treasurer and 
Comptroller shall also enter into a written agreement for each 
such investment that specifies the period of the investment, 
the payment interval, the interest rate to be paid, the funds 
in the State Treasury from which the State Treasurer will draw 
the investment, and other terms upon which the State Treasurer 
and Comptroller mutually agree. Such investment agreements 
shall be public records and the State Treasurer shall post the 
terms of all such investment agreements on the State 
Treasurer's official website. In compliance with the 
intergovernmental agreement, the Comptroller shall order and 
the State Treasurer shall transfer amounts sufficient for the 
payment of principal and interest invested by the State 
Treasurer with the Office of the Comptroller under this 
paragraph from the General Revenue Fund or the Health 
Insurance Reserve Fund to the respective funds in the State 
Treasury from which the State Treasurer drew the investment. 
Public Act 100-1107 shall constitute an irrevocable and 
continuing authority for all amounts necessary for the payment 
of principal and interest on the investments made with the 
Office of the Comptroller by the State Treasurer under this 
paragraph, and the irrevocable and continuing authority for 
and direction to the Comptroller and State Treasurer to make 
the necessary transfers. 
 The State Treasurer may invest or
reinvest any State money 
in the State Treasury that is not needed for current

expenditure, due or about to become due, or any money in the 
State Treasury
that has been set aside and held for the payment 
of the principal of and
the interest on any State bonds, in any 
of the following:

  (1) Bonds, notes, certificates of indebtedness, 
 Treasury bills, or other
securities now or hereafter 
 issued that are guaranteed by the full faith
and credit of 
 the United States of America as to principal and interest.

  (2) Bonds, notes, debentures, or other similar 
 obligations of the United
States of America, its agencies, 
 and instrumentalities, or other obligations that are 
 issued or guaranteed by supranational entities; provided, 
 that at the time of investment, the entity has the United 
 States government as a shareholder.

  (2.5) Bonds, notes, debentures, or other similar 
 obligations of a
foreign government, other than the 
 Republic of the Sudan, that are guaranteed by the full 
 faith and credit of that
government as to principal and 
 interest, but only if the foreign government
has not 
 defaulted and has met its payment obligations in a timely 
 manner on
all similar obligations for a period of at least 
 25 years immediately before
the time of acquiring those 
 obligations.

  (3) Interest-bearing savings accounts, 
 interest-bearing certificates of
deposit, 
 interest-bearing time deposits, or any other investments

 constituting direct obligations of any bank as defined by 
 the Illinois
Banking Act.

  (4) Interest-bearing accounts, certificates of 
 deposit, or any other
investments constituting direct 
 obligations of any savings and loan
associations 
 incorporated under the laws of this State or any other 
 state or
under the laws of the United States.

  (5) Dividend-bearing share accounts, share certificate 
 accounts, or
class of share accounts of a credit union 
 chartered under the laws of this
State or the laws of the 
 United States; provided, however, the principal
office of 
 the credit union must be located within the State of 
 Illinois.

  (6) Bankers' acceptances of banks whose senior 
 obligations are rated in
the top 2 rating categories by 2 
 national rating agencies and maintain that
rating during 
 the term of the investment and the bank has not been placed 
 on the list of restricted companies by the Illinois 
 Investment Policy Board under Section 1-110.16 of the 
 Illinois Pension Code.

  (7) Short-term obligations of either corporations or 
 limited liability companies organized in the United
States 
 with assets exceeding $500,000,000 if (i) the obligations 
 are rated
at the time of purchase at one of the 3 highest 
 classifications established
by at least 2 standard rating 
 services and mature not later than 270
days from the date 
 of purchase, (ii) the purchases do not exceed 10% of
the 
 corporation's or the limited liability company's 
 outstanding obligations, (iii) no more than one-third of

 the public agency's funds are invested in short-term 
 obligations of
either corporations or limited liability 
 companies, and (iv) the corporation or the limited 
 liability company has not been placed on the list of 
 restricted companies by the Illinois Investment Policy 
 Board under Section 1-110.16 of the Illinois Pension Code.

  (7.5) Obligations of either corporations or limited 
 liability companies organized in the United States, that 
 have a significant presence in this State, with assets 
 exceeding $500,000,000 if: (i) the obligations are rated 
 at the time of purchase at one of the 3 highest 
 classifications established by at least 2 standard rating 
 services and mature more than 270 days, but less than 10 
 years, from the date of purchase; (ii) the purchases do 
 not exceed 10% of the corporation's or the limited 
 liability company's outstanding obligations; (iii) no more 
 than one-third of the public agency's funds are invested 
 in such obligations of corporations or limited liability 
 companies; and (iv) the corporation or the limited 
 liability company has not been placed on the list of 
 restricted companies by the Illinois Investment Policy 
 Board under Section 1-110.16 of the Illinois Pension Code. 
  (8) Money market mutual funds registered under the 
 Investment Company
Act of 1940.

  (9) The Public Treasurers' Investment Pool created 
 under Section 17 of
the State Treasurer Act or in a fund 
 managed, operated, and administered by
a bank.

  (10) Repurchase agreements of government securities 
 having the meaning
set out in the Government Securities 
 Act of 1986, as now or hereafter amended or succeeded, 
 subject to the provisions
of that Act and the regulations 
 issued thereunder.

  (11) Investments made in accordance with the 
 Technology Development
Act.

  (12) Investments made in accordance with the Student 
 Investment Account Act.
  (13) Investments constituting direct obligations of a 
 community development financial institution, which is 
 certified by the United States Treasury Community 
 Development Financial Institutions Fund and is operating 
 in the State of Illinois.
  (14) Investments constituting direct obligations of a 
 minority depository institution, as designated by the 
 Federal Deposit Insurance Corporation, that is operating 
 in the State of Illinois. 
  (15) (13) Investments made in accordance with any 
 other law that authorizes the State Treasurer to invest or 
 deposit funds. 
 For purposes of this Section, "agencies" of the United 
States
Government includes:

  (i) the federal land banks, federal intermediate 
 credit banks, banks for
cooperatives, federal farm credit 
 banks, or any other entity authorized
to issue debt 
 obligations under the Farm Credit Act of 1971 (12 U.S.C. 
 2001
et seq.) and Acts amendatory thereto;

  (ii) the federal home loan banks and the federal home 
 loan
mortgage corporation;

  (iii) the Commodity Credit Corporation; and

  (iv) any other agency created by Act of Congress.

 The State Treasurer may lend any securities
acquired under 
this Act. However, securities may be lent under this Section

only in accordance with Federal Financial Institution 
Examination Council
guidelines and only if the securities are 
collateralized at a level sufficient
to assure the safety of 
the securities, taking into account market value
fluctuation. 
The securities may be collateralized by cash or collateral

acceptable under Sections 11 and 11.1.

(Source: P.A. 101-81, eff. 7-12-19; 101-206, eff. 8-2-19; 
101-586, eff. 8-26-19; 101-657, eff. 3-23-21; 102-297, eff. 
8-6-21; 102-558, eff. 8-20-21; revised 10-6-21.)


 Section 95. The Civil Administrative Code of Illinois is 
amended by changing Section 5-715 as follows:

 (20 ILCS 5/5-715)
 Sec. 5-715. Expedited licensure for service members and 
spouses.
 (a) In this Section, "service member" means any person 
who, at the time of application under this Section, is an 
active duty member of the United States Armed Forces or any 
reserve component of the United States Armed Forces, the Coast 
Guard, or the National Guard of any state, commonwealth, or 
territory of the United States or the District of Columbia or 
whose active duty service concluded within the preceding 2 
years before application.
 (a-5) The Department of Financial and Professional 
Regulation shall within 180 days after January 1, 2020 (the 
effective date of Public Act 101-240) designate one staff 
member as the military liaison within the Department of 
Financial and Professional Regulation to ensure proper 
enactment of the requirements of this Section. The military 
liaison's responsibilities shall also include, but are not 
limited to: (1) the management of all expedited applications 
to ensure processing within 30 days after receipt of a 
completed application; (2) coordination with all military 
installation military and family support center directors 
within this State, including virtual, phone, or in-person 
periodic meetings with each military installation military and 
family support center; and (3) training by the military 
liaison to all directors of each division that issues an 
occupational or professional license to ensure proper 
application of this Section. At the end of each calendar year, 
the military liaison shall provide an annual report 
documenting the expedited licensure program for service 
members and spouses, and shall deliver that report to the 
Secretary of Financial and Professional Regulation and the 
Lieutenant Governor. 
 (b) Each director of a department that issues an 
occupational or professional license is authorized to and 
shall issue an expedited license to a service member who meets 
the requirements under this Section. Review and determination 
of an application for a license issued by the department shall 
be expedited by the department within 30 days after the date on 
which the department receives all necessary documentation 
required for licensure, including any required information 
from State and federal agencies. An expedited license shall be 
issued by the department to any service members meeting the 
application requirements of this Section, regardless of 
whether the service member currently resides in this State. 
The service member shall apply to the department on forms 
provided by the department. An application must include proof 
that:
  (1) the applicant is a service member;
  (2) the applicant holds a valid license in good 
 standing for the occupation or profession issued by 
 another state, commonwealth, possession, or territory of 
 the United States, the District of Columbia, or any 
 foreign jurisdiction;
  (2.5) the applicant meets the requirements and 
 standards for licensure through endorsement or reciprocity 
 for the occupation or profession for which the applicant 
 is applying; 
  (3) the applicant is assigned to a duty station in 
 this State, has established legal residence in this State, 
 or will reside in this State within 6 months after the date 
 of application for licensure;
  (4) a complete set of the applicant's fingerprints has 
 been submitted to the Illinois State Police for statewide 
 and national criminal history checks, if applicable to the 
 requirements of the department issuing the license; the 
 applicant shall pay the fee to the Illinois State Police 
 or to the fingerprint vendor for electronic fingerprint 
 processing; no temporary occupational or professional 
 license shall be issued to an applicant if the statewide 
 or national criminal history check discloses information 
 that would cause the denial of an application for 
 licensure under any applicable occupational or 
 professional licensing Act;
  (5) the applicant is not ineligible for licensure 
 pursuant to Section 2105-165 of the Civil Administrative 
 Code of Illinois;
  (6) the applicant has submitted an application for 
 full licensure; and
  (7) the applicant has paid the required fee; fees 
 shall not be refundable.
 (c) Each director of a department that issues an 
occupational or professional license is authorized to and 
shall issue an expedited license to the spouse of a service 
member who meets the requirements under this Section. Review 
and determination of an application for a license shall be 
expedited by the department within 30 days after the date on 
which the department receives all necessary documentation 
required for licensure, including information from State and 
federal agencies. An expedited license shall be issued by the 
department to any spouse of a service member meeting the 
application requirements of this Section, regardless of 
whether the spouse or the service member currently resides 
reside in this State. The spouse of a service member shall 
apply to the department on forms provided by the department. 
An application must include proof that:
  (1) the applicant is the spouse of a service member;
  (2) the applicant holds a valid license in good 
 standing for the occupation or profession issued by 
 another state, commonwealth, possession, or territory of 
 the United States, the District of Columbia, or any 
 foreign jurisdiction;
  (2.5) the applicant meets the requirements and 
 standards for licensure through endorsement or reciprocity 
 for the occupation or profession for which the applicant 
 is applying; 
  (3) the applicant's spouse is assigned to a duty 
 station in this State, has established legal residence in 
 this State, or will reside in this State within 6 months 
 after the date of application for licensure;
  (4) a complete set of the applicant's fingerprints has 
 been submitted to the Illinois State Police for statewide 
 and national criminal history checks, if applicable to the 
 requirements of the department issuing the license; the 
 applicant shall pay the fee to the Illinois State Police 
 or to the fingerprint vendor for electronic fingerprint 
 processing; no temporary occupational or professional 
 license shall be issued to an applicant if the statewide 
 or national criminal history check discloses information 
 that would cause the denial of an application for 
 licensure under any applicable occupational or 
 professional licensing Act;
  (5) the applicant is not ineligible for licensure 
 pursuant to Section 2105-165 of the Civil Administrative 
 Code of Illinois;
  (6) the applicant has submitted an application for 
 full licensure; and
  (7) the applicant has paid the required fee; fees 
 shall not be refundable.
 (c-5) If a service member or his or her spouse relocates 
from this State, he or she shall be provided an opportunity to 
place his or her license in inactive status through 
coordination with the military liaison. If the service member 
or his or her spouse returns to this State, he or she may 
reactivate the license in accordance with the statutory 
provisions regulating the profession and any applicable 
administrative rules. The license reactivation shall be 
expedited and completed within 30 days after receipt of a 
completed application to reactivate the license. A license 
reactivation is only applicable when the valid license for 
which the first issuance of a license was predicated is still 
valid and in good standing. An application to reactivate a 
license must include proof that
the applicant still holds a 
valid license in good standing for the occupation or 
profession issued in another State, commonwealth, possession, 
or territory of the United States, the District of Columbia, 
or any foreign jurisdiction. 
 (d) All relevant experience of a service member or his or 
her spouse in the discharge of official duties, including 
full-time and part-time experience, shall be credited in the 
calculation of any years of practice in an occupation or 
profession as may be required under any applicable 
occupational or professional licensing Act. All relevant 
training provided by the military and completed by a service 
member shall be credited to that service member as meeting any 
training or education requirement under any applicable 
occupational or professional licensing Act, provided that the 
training or education is determined by the department to meet 
the requirements under any applicable Act and is not otherwise 
contrary to any other licensure requirement. 
 (e) A department may adopt any rules necessary for the 
implementation and administration of this Section and shall by 
rule provide for fees for the administration of this Section.

(Source: P.A. 101-240, eff. 1-1-20; 102-384, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 1-15-22.)

 Section 100. The Substance Use Disorder Act is amended by 
changing Section 30-5 as follows:



 (20 ILCS 301/30-5)



 Sec. 30-5. Patients' rights established. 

 (a) For purposes of this Section, "patient" means any 
person who is
receiving or has received early intervention, 
treatment, or other recovery support services under
this Act 
or any category of service licensed as "intervention" under 
this Act.

 (b) No patient shall be deprived of any rights, benefits,

or privileges guaranteed by law, the Constitution of the 
United States of
America, or the Constitution of the State of 
Illinois solely because of his
or her status as a patient. 

 (c) Persons who have substance use disorders who are
also 
suffering from medical conditions shall not be discriminated 
against in
admission or treatment by any hospital that 
receives support in any form supported in whole or in part by 
funds appropriated to any State
department or agency. 

 (d) Every patient shall have impartial access to services 
without regard to
race, religion, sex, ethnicity, age, sexual 
orientation, gender identity, marital status, or other 
disability. 

 (e) Patients shall be permitted the free exercise of 
religion. 

 (f) Every patient's personal dignity shall be recognized 
in the provision
of services, and a patient's personal privacy 
shall be assured and protected
within the constraints of his 
or her individual treatment. 

 (g) Treatment services shall be provided in the least 
restrictive
environment possible. 

 (h) Each patient receiving treatment services shall be 
provided an individual treatment plan, which
shall be 
periodically reviewed and updated as mandated by 
administrative rule. 

 (i) Treatment shall be person-centered, meaning that every 
patient shall be permitted to participate in the planning of 
his
or her total care and medical treatment to the extent that 
his or her condition permits. 

 (j) A person shall not be denied treatment solely because 
he or she has withdrawn
from treatment against medical advice 
on a prior occasion or had prior treatment episodes.

 (k) The patient in residential treatment shall be 
permitted visits by family and
significant others, unless such 
visits are clinically contraindicated. 

 (l) A patient in residential treatment shall be allowed to 
conduct private telephone
conversations with family and 
friends unless clinically contraindicated.

 (m) A patient in residential treatment shall be permitted 
to send and receive mail without
hindrance, unless clinically 
contraindicated. 

 (n) A patient shall be permitted to manage his or her own 
financial affairs unless
the patient or the patient's 
guardian, or if the patient is a minor, the patient's parent, 
authorizes
another competent person to do so. 

 (o) A patient shall be permitted to request the opinion of 
a consultant at
his or her own expense, or to request an 
in-house review of a treatment plan, as
provided in the 
specific procedures of the provider. A treatment provider is

not liable for the negligence of any consultant.

 (p) Unless otherwise prohibited by State or federal law, 
every patient
shall be permitted to obtain from his or her own 
physician, the treatment provider, or
the treatment provider's 
consulting physician complete and current information

concerning the nature of care, procedures, and treatment that 
he or she will receive. 

 (q) A patient shall be permitted to refuse to participate 
in any
experimental research or medical procedure without 
compromising his or her access to
other, non-experimental 
services. Before a patient is placed in an
experimental 
research or medical procedure, the provider must first obtain 
his
or her informed written consent or otherwise comply with 
the federal requirements
regarding the protection of human 
subjects contained in 45 CFR C.F.R.
Part 46.

 (r) All medical treatment and procedures shall be 
administered as ordered
by a physician and in accordance with 
all Department rules.

 (s) Every patient in treatment shall be permitted to 
refuse medical treatment and to
know the consequences of such 
action. Such refusal by a patient shall free the
treatment 
licensee from the obligation to provide the treatment. 

 (t) Unless otherwise prohibited by State or federal law, 
every patient,
patient's guardian, or parent, if the patient 
is a minor, shall be permitted to
inspect and copy all clinical 
and other records kept by the intervention or treatment 
licensee
or by his or her physician concerning his or her care 
and maintenance. The licensee
or physician may charge a 
reasonable fee for the duplication of a record.

 (u) No owner, licensee, administrator, employee, or agent 
of a licensed intervention or treatment
program shall abuse or 
neglect a patient. It is the duty of any individual who becomes 
aware of such abuse or neglect to report it to
the Department 
immediately.

 (v) The licensee may refuse access to any
person if the 
actions of that person are or could be
injurious to the health 
and safety of a patient or the licensee, or if the
person seeks 
access for commercial purposes.

 (w) All patients admitted to community-based treatment 
facilities shall be considered voluntary treatment patients 
and such patients shall not be contained within a locked 
setting. 

 (x) Patients and their families or legal guardians shall 
have the right to
present complaints to the provider or the 
Department concerning the quality of care provided to the 
patient,
without threat of discharge or reprisal in any form 
or manner whatsoever. The complaint process and procedure 
shall be adopted by the Department by rule. The
treatment 
provider shall have in place a mechanism for receiving and 
responding
to such complaints, and shall inform the patient 
and the patient's family or legal
guardian of this mechanism 
and how to use it. The provider shall analyze any
complaint 
received and, when indicated, take appropriate corrective 
action.
Every patient and his or her family member or legal 
guardian who makes a complaint
shall receive a timely response 
from the provider that substantively addresses
the complaint. 
The provider shall inform the patient and the patient's family 
or legal
guardian about other sources of assistance if the 
provider has not resolved the
complaint to the satisfaction of 
the patient or the patient's family or legal guardian. 

 (y) A patient may refuse to perform labor at a program 
unless such labor
is a part of the patient's individual 
treatment plan as documented in the patient's clinical
record.

 (z) A person who is in need of services may apply for 
voluntary admission
in the manner and with the rights provided 
for under
regulations promulgated by the Department. If a 
person is refused admission, then staff, subject to rules

promulgated by the Department, shall refer the person to 
another facility or to other appropriate services. 

 (aa) No patient shall be denied services based solely on 
HIV status.
Further, records and information governed by the 
AIDS Confidentiality Act and
the AIDS Confidentiality and 
Testing Code (77 Ill. Adm. Code 697) shall be
maintained in 
accordance therewith.

 (bb) Records of the identity, diagnosis, prognosis or 
treatment of any
patient maintained in connection with the 
performance of any service or
activity relating to substance 
use disorder education, early
intervention, intervention, 
training, or treatment that is
regulated, authorized, or 
directly or indirectly assisted by any Department or
agency of 
this State or under any provision of this Act shall be 
confidential
and may be disclosed only in accordance with the 
provisions of federal law and
regulations concerning the 
confidentiality of substance use disorder patient
records as 
contained in 42 U.S.C. Sections 290dd-2 and 42 CFR C.F.R.
Part 
2, or any successor federal statute or regulation.

  (1) The following are exempt from the confidentiality 
 protections set
forth in 42 CFR C.F.R. Section 2.12(c):

   (A) Veteran's Administration records.

   (B) Information obtained by the Armed Forces.

   (C) Information given to qualified service 
 organizations.

   (D) Communications within a program or between a 
 program and an entity
having direct administrative 
 control over that program.

   (E) Information given to law enforcement personnel 
 investigating a
patient's commission of a crime on the 
 program premises or against program
personnel.

   (F) Reports under State law of incidents of 
 suspected child abuse and
neglect; however, 
 confidentiality restrictions continue to
apply to the 
 records and any follow-up information for disclosure 
 and use in
civil or criminal proceedings arising from 
 the report of suspected abuse or
neglect.

  (2) If the information is not exempt, a disclosure can 
 be made only under
the following circumstances:

   (A) With patient consent as set forth in 42 CFR 
 C.F.R. Sections 2.1(b)(1)
and 2.31, and as consistent 
 with pertinent State law.

   (B) For medical emergencies as set forth in 42 CFR 
 C.F.R. Sections
2.1(b)(2) and 2.51.

   (C) For research activities as set forth in 42 CFR 
 C.F.R. Sections
2.1(b)(2) and 2.52.

   (D) For audit evaluation activities as set forth 
 in 42 CFR C.F.R. Section
2.53.

   (E) With a court order as set forth in 42 CFR 
 C.F.R. Sections 2.61 through
2.67.

  (3) The restrictions on disclosure and use of patient 
 information apply
whether the holder of the information 
 already has it, has other means of
obtaining it, is a law 
 enforcement or other official, has obtained a subpoena,
or 
 asserts any other justification for a disclosure or use 
 that is not
permitted by 42 CFR C.F.R. Part 2. Any court 
 orders authorizing disclosure of
patient records under 
 this Act must comply with the procedures and criteria set

 forth in 42 CFR C.F.R. Sections 2.64 and 2.65. Except as 
 authorized by a court
order granted under this Section, no 
 record referred to in this Section may be
used to initiate 
 or substantiate any charges against a patient or to 
 conduct
any investigation of a patient.

  (4) The prohibitions of this subsection shall apply to 
 records concerning
any person who has been a patient, 
 regardless of whether or when the person ceases to
be a 
 patient.

  (5) Any person who discloses the content of any record 
 referred to in this
Section except as authorized shall, 
 upon conviction, be guilty of a Class A
misdemeanor.

  (6) The Department shall prescribe regulations to 
 carry out the purposes
of
this subsection. These 
 regulations may contain such definitions, and may
provide 
 for such safeguards and procedures, including procedures 
 and criteria
for the issuance and scope of court orders, 
 as in the judgment of the
Department are necessary or 
 proper to effectuate the purposes of this Section,
to 
 prevent circumvention or evasion thereof, or to facilitate 
 compliance
therewith. 

 (cc) Each patient shall be given a written explanation of 
all the rights
enumerated in this Section and a copy, signed by 
the patient, shall be kept in every patient record. If a 
patient is unable to read such written
explanation, it shall 
be read to the patient in a language that the patient

understands. A copy of all the rights enumerated in this 
Section shall be
posted in a conspicuous place within the 
program where it may readily be
seen and read by program 
patients and visitors. 

 (dd) The program shall ensure that its staff is familiar 
with and observes
the rights and responsibilities enumerated 
in this Section.

 (ee) Licensed organizations shall comply with the right of 
any adolescent to consent to treatment without approval of the 
parent or legal guardian in accordance with the Consent by 
Minors to Health Care Services Medical Procedures Act. 
 (ff) At the point of admission for services, licensed 
organizations must obtain written informed consent, as defined 
in Section 1-10 and in administrative rule, from each client, 
patient, or legal guardian. 
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19; 
revised 12-1-21.)


 Section 105. The Department of Central Management Services 
Law of the
Civil Administrative Code of Illinois is amended by 
by setting forth and renumbering multiple
versions of Section 
405-535 as follows:

 (20 ILCS 405/405-535)
 Sec. 405-535. Race and gender wage reports.
 (a) Each State agency and public institution of higher 
education shall annually submit to the Commission on Equity 
and Inclusion a report, categorized by both race and gender, 
specifying the respective wage earnings of employees of that 
State agency or public institution of higher education.
 (b) The Commission shall compile the information submitted 
under this Section and make that information available to the 
public on the Internet website of the Commission.
 (c) The Commission shall annually submit a report of the 
information compiled under this Section to the Governor and 
the General Assembly.
 (d) As used in this Section:
 "Public institution of higher education" has the meaning 
provided in Section 1 of the Board of Higher Education Act.
 "State agency" has the meaning provided in subsection (b) 
of Section 405-5. 
(Source: P.A. 101-657, Article 25, Section 25-5, eff. 3-23-21; 
102-29, eff. 6-25-21.)



 (20 ILCS 405/405-536)


 Sec. 405-536 405-535. State building municipal 
identification card access. Any State-owned building that 
requires the display of a State-issued identification card for 
the purpose of gaining access to the premises shall, in 
addition to other acceptable forms of identification, accept 
the use of any Illinois municipal identification card as an 
acceptable form of identification for the purpose of entering 
the premises. An Illinois municipal
identification card may 
not be sufficient to access certain secure
areas within the 
premises and may require additional authorization or 
identification at the discretion of the premises' security, 
the Department of
Central Management Services, or the user 
agency.
 For the purposes of this Section, "municipal 
identification card" means a photo identification card that is 
issued by an Illinois municipality, as defined under Section 
1-1-2 of the Illinois Municipal Code, in accordance with its 
ordinances or codes that consists of the photo, name, and 
address of the card holder.

(Source: P.A. 102-561, eff. 1-1-22; revised 10-27-21.)


 Section 110. The Personnel Code is amended by changing 
Sections 4c and 8b.1 as follows:

 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
 Sec. 4c. General exemptions.  The following positions in 
State
service shall be exempt from jurisdictions A, B, and C, 
unless the
jurisdictions shall be extended as provided in this 
Act:


  (1) All officers elected by the people.


  (2) All positions under the Lieutenant Governor, 
 Secretary of State,
State Treasurer, State Comptroller, 
 State Board of Education, Clerk of
the Supreme Court,

 Attorney General, and State Board of Elections.


  (3) Judges, and officers and employees of the courts, 
 and notaries
public.


  (4) All officers and employees of the Illinois General 
 Assembly, all
employees of legislative commissions, all 
 officers and employees of the
Illinois Legislative 
 Reference Bureau and the Legislative Printing Unit.


  (5) All positions in the Illinois National Guard and 
 Illinois State
Guard, paid from federal funds or positions

 in the State Military Service filled by enlistment and 
 paid from State
funds.


  (6) All employees of the Governor at the executive 
 mansion and on
his immediate personal staff.


  (7) Directors of Departments, the Adjutant General, 
 the Assistant
Adjutant General, the Director of the 
 Illinois Emergency
Management Agency, members of boards 
 and commissions, and all other
positions appointed by the 
 Governor by and with the consent of the
Senate.


  (8) The presidents, other principal administrative 
 officers, and
teaching, research and extension faculties 
 of
Chicago State University, Eastern Illinois University, 
 Governors State
University, Illinois State University, 
 Northeastern Illinois University,
Northern Illinois 
 University, Western Illinois University, the Illinois

 Community College Board, Southern Illinois
University, 
 Illinois Board of Higher Education, University of

 Illinois, State Universities Civil Service System, 
 University Retirement
System of Illinois, and the 
 administrative officers and scientific and
technical staff 
 of the Illinois State Museum.


  (9) All other employees except the presidents, other 
 principal
administrative officers, and teaching, research 
 and extension faculties
of the universities under the 
 jurisdiction of the Board of Regents and
the colleges and 
 universities under the jurisdiction of the Board of

 Governors of State Colleges and Universities, Illinois 
 Community College
Board, Southern Illinois University, 
 Illinois Board of Higher Education,
Board of Governors of 
 State Colleges and Universities, the Board of
Regents, 
 University of Illinois, State Universities Civil Service

 System, University Retirement System of Illinois, so long 
 as these are
subject to the provisions of the State 
 Universities Civil Service Act.


  (10) The Illinois State Police so long as they are 
 subject to the merit
provisions of the Illinois State 
 Police Act.
Employees of the Illinois State Police Merit 
 Board are subject to the provisions of this Code.

  (11) (Blank).


  (12) The technical and engineering staffs of the 
 Department of
Transportation, the Department of Nuclear 
 Safety, the Pollution Control
Board, and the Illinois 
 Commerce Commission, and the technical and engineering

 staff providing architectural and engineering services in 
 the Department of
Central Management Services.


  (13) All employees of the Illinois State Toll Highway 
 Authority.


  (14) The Secretary of the Illinois Workers' 
 Compensation Commission.


  (15) All persons who are appointed or employed by the 
 Director of
Insurance under authority of Section 202 of 
 the Illinois Insurance Code
to assist the Director of 
 Insurance in discharging his responsibilities
relating to 
 the rehabilitation, liquidation, conservation, and

 dissolution of companies that are subject to the 
 jurisdiction of the
Illinois Insurance Code.


  (16) All employees of the St. Louis Metropolitan Area 
 Airport
Authority.


  (17) All investment officers employed by the Illinois 
 State Board of
Investment.


  (18) Employees of the Illinois Young Adult 
 Conservation Corps program,
administered by the Illinois 
 Department of Natural Resources, authorized
grantee under 
 Title VIII of the Comprehensive
Employment and Training 
 Act of 1973, 29 U.S.C. USC 993.


  (19) Seasonal employees of the Department of 
 Agriculture for the
operation of the Illinois State Fair 
 and the DuQuoin State Fair, no one
person receiving more 
 than 29 days of such employment in any calendar year.


  (20) All "temporary" employees hired under the 
 Department of Natural
Resources' Illinois Conservation 
 Service, a youth
employment program that hires young 
 people to work in State parks for a period
of one year or 
 less.


  (21) All hearing officers of the Human Rights 
 Commission.


  (22) All employees of the Illinois Mathematics and 
 Science Academy.


  (23) All employees of the Kankakee River Valley Area

 Airport Authority.


  (24) The commissioners and employees of the Executive 
 Ethics
Commission.

  (25) The Executive Inspectors General, including 
 special Executive
Inspectors General, and employees of 
 each Office of an
Executive Inspector General.

  (26) The commissioners and employees of the 
 Legislative Ethics
Commission.


  (27) The Legislative Inspector General, including 
 special Legislative
Inspectors General, and employees of 
 the Office of
the Legislative Inspector General.


  (28) The Auditor General's Inspector General and 
 employees of the Office
of the Auditor General's Inspector 
 General.


  (29) All employees of the Illinois Power Agency. 
  (30) Employees having demonstrable, defined advanced 
 skills in accounting, financial reporting, or technical 
 expertise who are employed within executive branch 
 agencies and whose duties are directly related to the 
 submission to the Office of the Comptroller of financial 
 information for the publication of the Comprehensive 
 Annual Financial Report. 
  (31) All employees of the Illinois Sentencing Policy 
 Advisory Council. 
(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21; 
102-538, eff. 8-20-21; revised 10-5-21.)




 (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)



 Sec. 8b.1. For open competitive
examinations to test the 
relative fitness of
applicants for the respective positions. 
Tests shall be designed to eliminate those who are not 
qualified for
entrance into or promotion within the service, 
and to discover the relative
fitness of those who are 
qualified. The Director may use any one of or any
combination 
of the following examination methods which in his judgment 
best
serves this end: investigation of education; 
investigation of experience;
test of cultural knowledge; test 
of capacity; test of knowledge; test of
manual skill; test of 
linguistic ability; test of character; test of
physical 
fitness; test of psychological fitness. No person with a 
record of
misdemeanor convictions except those under Sections 
11-1.50, 11-6, 11-7, 11-9,
11-14, 11-15, 11-17, 11-18, 11-19, 
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,

24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 
32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 
11-14.3, and paragraphs (1), (6), and (8) of subsection (a)

sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of 
1961 or the Criminal Code of 2012, or
arrested for any cause 
but not convicted thereon shall be disqualified from
taking 
such examinations or subsequent appointment, unless the person 
is
attempting to qualify for a position which would give him 
the powers of a
peace officer, in which case the person's 
conviction or arrest record may
be considered as a factor in 
determining the person's fitness for the
position. The 
eligibility conditions specified for the position of
Assistant 
Director of Healthcare and Family Services in the Department 
of Healthcare and Family Services in Section
5-230 of the 
Departments of State Government Law of the Civil 
Administrative Code of Illinois (20 ILCS
5/5-230) shall be 
applied to that position in addition to other
standards, tests 
or criteria established by the Director. All examinations

shall be announced publicly at least 2 weeks in advance of the 
date of the
examinations and may be advertised through the 
press, radio and other
media. The Director may, however, in 
his discretion, continue to receive
applications and examine 
candidates long enough to assure a sufficient
number of 
eligibles to meet the needs of the service and may add the 
names
of successful candidates to existing eligible lists in 
accordance with
their respective ratings.

 The Director may, in his discretion, accept the results of 
competitive
examinations conducted by any merit system 
established by federal law or by
the law of any state State, 
and may compile eligible lists therefrom or may add
the names 
of successful candidates in examinations conducted by those 
merit
systems to existing eligible lists in accordance with 
their respective
ratings. No person who is a non-resident of 
the State of Illinois may be
appointed from those eligible 
lists, however, unless the requirement that
applicants be 
residents of the State of Illinois is waived by the Director
of 
Central Management Services and unless there are less than 3 
Illinois
residents available
for appointment from the 
appropriate eligible list. The results of the
examinations 
conducted by other merit systems may not be used unless they

are comparable in difficulty and comprehensiveness to 
examinations
conducted by the Department of Central Management 
Services
for similar positions. Special
linguistic options may 
also be established where deemed appropriate.

 When an agency requests an open competitive eligible list 
from the Department, the Director shall also provide to the 
agency a Successful Disability Opportunities Program eligible 
candidate list. 
(Source: P.A. 101-192, eff. 1-1-20; revised 12-2-21.)


 Section 115. The Children and Family Services Act is 
amended by changing Section 7.3a as follows:

 (20 ILCS 505/7.3a)
 Sec. 7.3a. Normalcy parenting for children in foster care; 
participation in childhood activities. 
 (a) Legislative findings. 
  (1) Every day parents make important decisions about 
 their child's
participation in extracurricular activities. 
 Caregivers for children in out-of-home
care are faced with 
 making the same decisions.
  (2) When a caregiver makes decisions, he or she must 
 consider applicable laws, rules, and regulations to 
 safeguard the health, safety, and best interests of a 
 child in out-of-home care.
  (3) Participation in extracurricular activities is 
 important to a child's
well-being, not only emotionally, 
 but also in developing valuable life skills.
  (4) The General Assembly recognizes the importance of 
 making every effort to normalize
the lives of children in 
 out-of-home care and to empower a caregiver
to approve or 
 not approve a child's participation in appropriate 
 extracurricular activities based on
the caregiver's own 
 assessment using the reasonable and prudent
parent 
 standard, without prior approval of the Department, the

 caseworker, or the court. 
  (5) Nothing in this Section shall be presumed to 
 discourage or diminish the engagement of families and 
 guardians in the child's life activities. 
 (b) Definitions. As used in this Section:
 "Appropriate activities" means activities or items that 
are generally
accepted as suitable for children of the same 
chronological age or
developmental level of maturity. 
Appropriateness is based on the development
of cognitive, 
emotional, physical, and behavioral capacity that is
typical 
for an age or age group, taking into account the individual 
child's cognitive, emotional, physical, and behavioral 
development.
 "Caregiver" means a person with whom the child is placed 
in
out-of-home care or a designated official for child care 
facilities
licensed by the Department as
defined in the Child 
Care Act of 1969. 
 "Reasonable and prudent parent standard" means the 
standard
characterized by careful and sensible parental 
decisions that maintain
the child's health, safety, and best 
interests while at the same time
supporting the child's 
emotional and developmental growth that a
caregiver shall use 
when determining whether to allow a child in out-of-home care 
to participate in extracurricular, enrichment, cultural, and 
social
activities. 
 (c) Requirements for decision-making. 
  (1) Each child who comes into the care and custody of 
 the Department
is fully entitled to participate in 
 appropriate extracurricular,
enrichment, cultural, and 
 social activities in a manner that allows that child to 
 participate in his or her community to the fullest extent 
 possible.
  (2) Caregivers must use the reasonable and prudent 
 parent standard
in determining whether to give permission 
 for a child in out-of-home
care to participate in 
 appropriate extracurricular, enrichment, cultural, and 
 social activities.
Caregivers are expected to promote and 
 support a child's participation in such activities. When 
 using the reasonable and prudent parent standard, the

 caregiver shall consider: 
   (A) the child's age, maturity, and developmental 
 level to promote the
overall health, safety, and best 
 interests of the child;
   (B) the best interest of the child based on 
 information known by the
caregiver;
   (C) the importance and fundamental value of 
 encouraging the child's emotional and
developmental 
 growth gained through participation in activities in 
 his or her community;
   (D) the importance and fundamental value of 
 providing the child with the most family-like
living 
 experience possible; and
   (E) the behavioral history of the child and the 
 child's ability to safely
participate in the proposed 
 activity. 
  (3) A caregiver is not liable for harm
caused to a 
 child in out-of-home care who participates in an activity 
 approved by
the caregiver, provided that the caregiver has 
 acted as a reasonable
and prudent parent in permitting the 
 child to engage in the activity. 
 (c-5) No youth in care shall be required to store his or 
her belongings in plastic bags or in similar forms of 
disposable containers, including, but not limited to, trash 
bags, paper or plastic shopping bags, or pillow cases when 
relocating from one placement type to another placement type 
or when discharged from the custody or guardianship of the 
Department. The Department shall ensure that each youth in 
care has appropriate baggage and other items to store his or 
her belongings when moving through the State's child welfare 
system. As used in this subsection, "purchase of service 
agency" means any entity that contracts with the Department to 
provide services that are consistent with the purposes of this 
Act. 
 (d) Rulemaking. The Department shall adopt, by rule,

procedures no later than June 1, 2017 that promote and protect 
the ability
of children to participate in appropriate 
extracurricular,
enrichment, cultural, and social activities.

 (e) The Department shall ensure that every youth in care 
who is entering his or her final year of high school has 
completed a Free Application for Federal Student Aid form, if 
applicable, or an application for State financial aid on or 
after October 1, but no later than November 1, of the youth's 
final year of high school. 
(Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22; 
revised 10-5-21.)

 Section 120. The Department of Commerce and Economic 
Opportunity Law of the
Civil Administrative Code of Illinois 
is amended by setting forth and renumbering multiple
versions 
of Section 605-1055 and by changing Section 605-1057 as 
follows:

 (20 ILCS 605/605-1055)
 Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program.
 (a) There is established the Illinois Small Business 
Innovation Research (SBIR) and Small Business Technology 
Transfer (STTR) Matching Funds Program to be administered by 
the Department. In order to foster job creation and economic 
development in the State, the Department may make grants to 
eligible businesses to match funds received by the business as 
an SBIR or STTR Phase I award and to encourage businesses to 
apply for Phase II awards. 
 (b) In order to be eligible for a grant under this Section, 
a business must satisfy all of the following conditions: 
  (1) The business must be a for-profit, Illinois-based 
 business. For the purposes of this Section, an 
 Illinois-based business is one that has its principal 
 place of business in this State; 
  (2) The business must have received an SBIR/STTR Phase 
 I award from a participating federal agency in response to 
 a specific federal solicitation. To receive the full 
 match, the business must also have submitted a final Phase 
 I report, demonstrated that the sponsoring agency has 
 interest in the Phase II proposal, and submitted a Phase 
 II proposal to the agency. 
  (3) The business must satisfy all federal SBIR/STTR 
 requirements. 
  (4) The business shall not receive concurrent funding 
 support from other sources that duplicates the purpose of 
 this Section. 
  (5) The business must certify that at least 51% of the 
 research described in the federal SBIR/STTR Phase II 
 proposal will be conducted in this State and that the 
 business will remain an Illinois-based business for the 
 duration of the SBIR/STTR Phase II project. 
  (6) The business must demonstrate its ability to 
 conduct research in its SBIR/STTR Phase II proposal. 
 (c) The Department may award grants to match the funds 
received by a business through an SBIR/STTR Phase I proposal 
up to a maximum of $50,000. Seventy-five percent of the total 
grant shall be remitted to the business upon receipt of the 
SBIR/STTR Phase I award and application for funds under this 
Section. Twenty-five percent of the total grant shall be 
remitted to the business upon submission by the business of 
the Phase II application to the funding agency and acceptance 
of the Phase I report by the funding agency. A business may 
receive only one grant under this Section per year. A business 
may receive only one grant under this Section with respect to 
each federal proposal submission. Over its lifetime, a 
business may receive a maximum of 5 awards under this Section. 
 (d) A business shall apply, under oath, to the Department 
for a grant under this Section on a form prescribed by the 
Department that includes at least all of the following: 
  (1) the name of the business, the form of business 
 organization under which it is operated, and the names and 
 addresses of the principals or management of the business; 
  (2) an acknowledgment of receipt of the Phase I report 
 and Phase II proposal by the relevant federal agency; and 
  (3) any other information necessary for the Department 
 to evaluate the application.

(Source: P.A. 101-657, eff. 3-23-21.)

 (20 ILCS 605/605-1057)
 (Section scheduled to be repealed on July 1, 2031)
 Sec. 605-1057. State-designated cultural districts.
 (a) As used in this Section, "State-designated cultural 
district" means a geographical area certified under this 
Section that has a distinct, historic, and cultural identity. 
Municipalities or 501(c)(3) organizations working on behalf of 
a certified geographical area should seek to:
  (1) Promote a distinct historic and cultural 
 community.
  (2) Encourage economic development and support 
 supports entrepreneurship in the geographic area and 
 community.
  (3) Encourage the preservation and development of 
 historic and culturally significant structures, 
 traditions, and languages.
  (4) Foster local cultural development and education.
  (5) Provide a focal point for celebrating and 
 strengthening the unique cultural identity of the 
 community.
  (6) Promote growth and opportunity without generating 
 displacement or expanding inequality.
 (b) Administrative authority. The Department of Commerce 
and Economic Opportunity shall establish criteria and 
guidelines for State-designated cultural districts by rule in 
accordance with qualifying criteria outlined in subsection 
(c). In executing its powers and duties under this Section, 
the Department shall:
  (1) establish a competitive application system by 
 which a community may apply for certification as a 
 State-designated cultural district;
  (2) provide technical assistance for State-designated 
 cultural districts by collaborating with all relevant 
 offices and grantees of the Department to help them 
 identify and achieve their goals for cultural 
 preservation, including, but not limited to, promotional 
 support of State-designated cultural districts and support 
 for small businesses looking to access resources;
  (3) collaborate with other State agencies, units of 
 local government, community organizations, and private 
 entities to maximize the benefits of State-designated 
 cultural districts; and
  (4) establish an advisory committee to advise the 
 Department on program rules and the certification process. 
 The advisory committee shall reflect the diversity of the 
 State of Illinois, including geographic, racial, and 
 ethnic diversity. The advisory committee must include:
   (A) a representative of the Department of Commerce 
 and Economic Opportunity appointed by the Director;
   (B) a representative of the Department of 
 Agriculture appointed by the Director of Agriculture;
   (C) a representative of the Illinois Housing 
 Development Authority appointed by the Executive 
 Director of the Illinois Housing Development 
 Authority;
   (D) two members of the House of Representatives 
 appointed one each by the Speaker of the House of 
 Representatives and the Minority Leader of the House 
 of Representatives;
   (E) two members of the Senate appointed one each 
 by the President of the Senate and the Minority Leader 
 of the Senate; and
   (F) four community representatives appointed by 
 the Governor representing diverse racial, ethnic, and 
 geographic groups not captured in the membership of 
 the other designees, with the input of community and 
 stakeholder groups. 
 (c) Certification. A geographical area within the State 
may be certified as a State-designated cultural district by 
applying to the Department for certification. Certification as 
a State-designated cultural district shall be for a period of 
10 years, after which the district may renew certification 
every 5 years. A municipality or 501(c)(3) organization may 
apply for certification on behalf of a geographic area. The 
applying entity is responsible for complying with reporting 
requirements under subsection (f). The Department shall 
develop criteria to assess whether an applicant qualifies for 
certification under this Section. That criteria must include a 
demonstration that the applicant and the community:
  (1) have been historically impacted and are currently 
 at risk of losing their cultural identity because of 
 gentrification, displacement, or the COVID-19 pandemic;
  (2) can demonstrate a history of economic 
 disinvestment; and
  (3) can demonstrate strong community support for the 
 cultural district designation through active and formal 
 participation by community organizations and municipal and 
 regional government agencies or officials.
 (d) Each applicant shall be encouraged by the Department 
to: 
  (1) have development plans that include and prioritize 
 the preservation of local businesses and retention of 
 existing residents and businesses; and
  (2) have an education framework in place informed with 
 a vision of food justice, social justice, community 
 sustainability, and social equity.
 (e) The Department shall award no more than 5 
State-designated cultural districts every year. At no point 
shall the total amount of State-designated cultural districts 
be more than 15, unless otherwise directed by the Director of 
the Department of Commerce and Economic Opportunity in 
consultation with the advisory committee. 
 (f) Within 12 months after being designated a cultural 
district, the State-designated cultural district shall submit 
a report to the Department detailing its current programs and 
goals for the next 4 years of its designation. For each year 
thereafter that the district remains a State-designated 
cultural district, it shall submit a report to the Department 
on the status of the program and future developments of the 
district. Any State-designated cultural district that fails to 
file a report for 2 consecutive years shall lose its status.
 (g) This Section is repealed on July 1, 2031.

(Source: P.A. 102-628, eff. 1-1-22; revised 12-6-21.)

 (20 ILCS 605/605-1080)
 (Section scheduled to be repealed on January 1, 2024)
 Sec. 605-1080 605-1055. Personal care products industry 
supplier disparity study.
 (a) The Department shall compile and publish a disparity 
study by December 31, 2022 that: (1) evaluates whether there 
exists intentional discrimination at the
supplier or 
distribution level for retailers of beauty products, 
cosmetics, hair
care supplies, and personal care products in 
the State of Illinois; and (2) if so,
evaluates the impact of 
such discrimination on the State and includes
recommendations 
for reducing or eliminating any barriers to entry to those

wishing to establish businesses at the retail level involving 
such products.
The Department shall forward a copy of its 
findings and recommendations to
the General Assembly and 
Governor.
 (b) The Department may compile, collect, or otherwise 
gather data necessary for the administration of this Section 
and to carry out the Department's duty relating to the 
recommendation of policy changes. The Department shall compile 
all of the data into a single report, submit the report to the 
Governor and the General Assembly, and publish the report on 
its website.
 (c) This Section is repealed on January 1, 2024.

(Source: P.A. 101-658, eff. 3-23-21; revised 11-2-21.)



 (20 ILCS 605/605-1085)


 Sec. 605-1085 605-1055. The Illinois Small Business Fund. 
The Illinois Small Business Fund is created as a 
nonappropriated separate and apart trust fund in the State 
Treasury. The Department shall use moneys in the Fund to 
manage proceeds that result from investments that the 
Department has undertaken through economic development 
programs, including, but not limited to, the Department's 
Venture Capital Investment Program. The Department may use 
moneys collected to reinvest in small business and economic 
development initiatives through grants or loans. The Fund may 
receive any grants or other moneys designated for small 
business growth from the State, or any unit of federal or local 
government, or any other person, firm, partnership, or 
corporation. Any interest earnings that are attributable to 
moneys in the Fund must be deposited into the Fund.

(Source: P.A. 102-330, eff. 1-1-22; revised 11-2-21.)




 (20 ILCS 605/605-1090)


 Sec. 605-1090 605-1055. Illinois Innovation Voucher 
Program.
 (a) The Department is authorized to establish the Illinois 
Innovation Voucher Program to be administered in accordance 
with this Section for the purpose of fostering research and 
development in key industry clusters leading to the creation 
of new products and services that can be marketed by Illinois 
businesses. Subject to appropriation, the Department may award 
innovation vouchers to eligible businesses to offset a portion 
of expenses incurred through a collaborative research 
engagement with an Illinois institution of higher education.
 (b) Subject to appropriation, the Department may award 
matching funds in the form of innovation vouchers up to 75% of 
the cost of the research engagement not to exceed $75,000. A 
business may receive only one innovation voucher under this 
Section per year.
 (c) The Department, when administering the Program under 
this Section:
  (1) must encourage participation among small and 
 mid-sized businesses;
  (2) must encourage participation in the Program in 
 diverse geographic and economic areas, including urban, 
 suburban, and rural areas of the State; and
  (3) must encourage participation in the Program from 
 businesses that operate in key industries, as defined by 
 the Department. These industries include, but are not 
 limited to, the following: (i) agribusiness and agtech; 
 (ii) energy; (iii) information technology; (iv) life 
 sciences and healthcare; (v) manufacturing; and (vi) 
 transportation and logistics.
 (d) In order to be eligible for an innovation voucher 
under this Section, a business must satisfy all of the 
following conditions:
  (1) the business must be an Illinois-based business. 
 For the purposes of this Section, "Illinois-based 
 business" means a business that has its principal place of 
 business in this State or that employs at least 100 
 full-time employees, as defined under Section 5-5 of the 
 Economic Development for a Growing Economy Tax Credit Act, 
 in this State;
  (2) the business must remain in this State for the 
 duration of research engagement; and
  (3) the partnering institution of higher education 
 must be an Illinois-based institution of higher education 
 and non-profit. For the purposes of this Section, 
 "Illinois-based institution of higher education" means an 
 institution of higher education that has its main physical 
 campus in this State.
 (e) The Department may adopt any rules necessary to

administer the provisions of this Section.

(Source: P.A. 102-648, eff. 8-27-21; revised 11-2-21.)


 Section 125. The Illinois Enterprise Zone Act is amended 
by changing Section 5.5 as follows:




 (20 ILCS 655/5.5)
 (from Ch. 67 1/2, par. 609.1)



 Sec. 5.5. High Impact Business. 

 (a) In order to respond to unique opportunities to assist 
in the
encouragement, development, growth, and expansion of 
the private sector through
large scale investment and 
development projects, the Department is authorized
to receive 
and approve applications for the designation of "High Impact

Businesses" in Illinois subject to the following conditions:

  (1) such applications may be submitted at any time 
 during the year;

  (2) such business is not located, at the time of 
 designation, in
an enterprise zone designated pursuant to 
 this Act;

  (3) the business intends to do one or more of the 
 following:

   (A) the business intends to make a minimum 
 investment of
$12,000,000 which will be placed in 
 service in qualified property and
intends to create 
 500 full-time equivalent jobs at a designated location

 in Illinois or intends to make a minimum investment of 
 $30,000,000 which
will be placed in service in 
 qualified property and intends to retain 1,500

 full-time retained jobs at a designated location in 
 Illinois.
The business must certify in writing that 
 the investments would not be
placed in service in 
 qualified property and the job creation or job

 retention would not occur without the tax credits and 
 exemptions set forth
in subsection (b) of this 
 Section. The terms "placed in service" and
"qualified 
 property" have the same meanings as described in 
 subsection (h)
of Section 201 of the Illinois Income 
 Tax Act; or

   (B) the business intends to establish a new 
 electric generating
facility at a designated location 
 in Illinois. "New electric generating
facility", for 
 purposes of this Section, means a newly constructed 
 newly-constructed
electric
generation plant
or a newly 
 constructed newly-constructed generation capacity 
 expansion at an existing electric
generation
plant, 
 including the transmission lines and associated

 equipment that transfers electricity from points of 
 supply to points of
delivery, and for which such new 
 foundation construction commenced not sooner
than July 
 1,
2001. Such facility shall be designed to provide 
 baseload electric
generation and shall operate on a 
 continuous basis throughout the year;
and (i) shall 
 have an aggregate rated generating capacity of at 
 least 1,000
megawatts for all new units at one site if 
 it uses natural gas as its primary
fuel and foundation 
 construction of the facility is commenced on
or before 
 December 31, 2004, or shall have an aggregate rated 
 generating
capacity of at least 400 megawatts for all 
 new units at one site if it uses
coal or gases derived 
 from coal
as its primary fuel and
shall support the 
 creation of at least 150 new Illinois coal mining 
 jobs, or
(ii) shall be funded through a federal 
 Department of Energy grant before December 31, 2010 
 and shall support the creation of Illinois
coal-mining

 jobs, or (iii) shall use coal gasification or 
 integrated gasification-combined cycle units
that 
 generate
electricity or chemicals, or both, and shall 
 support the creation of Illinois
coal-mining
jobs.
The

 business must certify in writing that the investments 
 necessary to establish
a new electric generating 
 facility would not be placed in service and the
job 
 creation in the case of a coal-fueled plant
would not 
 occur without the tax credits and exemptions set forth 
 in
subsection (b-5) of this Section. The term "placed 
 in service" has
the same meaning as described in 
 subsection
(h) of Section 201 of the Illinois Income 
 Tax Act; or

   (B-5) the business intends to establish a new 
 gasification
facility at a designated location in 
 Illinois. As used in this Section, "new gasification 
 facility" means a newly constructed coal gasification 
 facility that generates chemical feedstocks or 
 transportation fuels derived from coal (which may 
 include, but are not limited to, methane, methanol, 
 and nitrogen fertilizer), that supports the creation 
 or retention of Illinois coal-mining jobs, and that 
 qualifies for financial assistance from the Department 
 before December 31, 2010. A new gasification facility 
 does not include a pilot project located within 
 Jefferson County or within a county adjacent to 
 Jefferson County for synthetic natural gas from coal; 
 or
   (C) the business intends to establish
production 
 operations at a new coal mine, re-establish production 
 operations at
a closed coal mine, or expand production 
 at an existing coal mine
at a designated location in 
 Illinois not sooner than July 1, 2001;
provided that 
 the
production operations result in the creation of 
 150 new Illinois coal mining
jobs as described in 
 subdivision (a)(3)(B) of this Section, and further

 provided that the coal extracted from such mine is 
 utilized as the predominant
source for a new electric 
 generating facility.
The business must certify in 
 writing that the
investments necessary to establish a 
 new, expanded, or reopened coal mine would
not
be 
 placed in service and the job creation would not
occur 
 without the tax credits and exemptions set forth in 
 subsection (b-5) of
this Section. The term "placed in 
 service" has
the same meaning as described in 
 subsection (h) of Section 201 of the
Illinois Income 
 Tax Act; or

   (D) the business intends to construct new 
 transmission facilities or
upgrade existing 
 transmission facilities at designated locations in 
 Illinois,
for which construction commenced not sooner 
 than July 1, 2001. For the
purposes of this Section, 
 "transmission facilities" means transmission lines

 with a voltage rating of 115 kilovolts or above, 
 including associated
equipment, that transfer 
 electricity from points of supply to points of

 delivery and that transmit a majority of the 
 electricity generated by a new
electric generating 
 facility designated as a High Impact Business in 
 accordance
with this Section. The business must 
 certify in writing that the investments
necessary to 
 construct new transmission facilities or upgrade 
 existing
transmission facilities would not be placed 
 in service
without the tax credits and exemptions set 
 forth in subsection (b-5) of this
Section. The term 
 "placed in service" has the
same meaning as described 
 in subsection (h) of Section 201 of the Illinois

 Income Tax Act; or

   (E) the business intends to establish a new wind 
 power facility at a designated location in Illinois. 
 For purposes of this Section, "new wind power 
 facility" means a newly constructed electric 
 generation facility, a newly constructed expansion of 
 an existing electric generation facility, or the 
 replacement of an existing electric generation 
 facility, including the demolition and removal of an 
 electric generation facility irrespective of whether 
 it will be replaced, placed in service or replaced on 
 or after July 1, 2009, that generates electricity 
 using wind energy devices, and such facility shall be 
 deemed to include any permanent structures associated 
 with the electric generation facility and all 
 associated transmission lines, substations, and other 
 equipment related to the generation of electricity 
 from wind energy devices. For purposes of this 
 Section, "wind energy device" means any device, with a 
 nameplate capacity of at least 0.5 megawatts, that is 
 used in the process of converting kinetic energy from 
 the wind to generate electricity; or 
   (E-5) the business intends to establish a new 
 utility-scale solar facility at a designated location 
 in Illinois. For purposes of this Section, "new 
 utility-scale solar power facility" means a newly 
 constructed electric generation facility, or a newly 
 constructed expansion of an existing electric 
 generation facility, placed in service on or after 
 July 1, 2021, that (i) generates electricity using 
 photovoltaic cells and (ii) has a nameplate capacity 
 that is greater than 5,000 kilowatts, and such 
 facility shall be deemed to include all associated 
 transmission lines, substations, energy storage 
 facilities, and other equipment related to the 
 generation and storage of electricity from 
 photovoltaic cells; or 
   (F) the business commits to (i) make a minimum 
 investment of $500,000,000, which will be placed in 
 service in a qualified property, (ii) create 125 
 full-time equivalent jobs at a designated location in 
 Illinois, (iii) establish a fertilizer plant at a 
 designated location in Illinois that complies with the 
 set-back standards as described in Table 1: Initial 
 Isolation and Protective Action Distances in the 2012 
 Emergency Response Guidebook published by the United 
 States Department of Transportation, (iv) pay a 
 prevailing wage for employees at that location who are 
 engaged in construction activities, and (v) secure an 
 appropriate level of general liability insurance to 
 protect against catastrophic failure of the fertilizer 
 plant or any of its constituent systems; in addition, 
 the business must agree to enter into a construction 
 project labor agreement including provisions 
 establishing wages, benefits, and other compensation 
 for employees performing work under the project labor 
 agreement at that location; for the purposes of this 
 Section, "fertilizer plant" means a newly constructed 
 or upgraded plant utilizing gas used in the production 
 of anhydrous ammonia and downstream nitrogen 
 fertilizer products for resale; for the purposes of 
 this Section, "prevailing wage" means the hourly cash 
 wages plus fringe benefits for training and

 apprenticeship programs approved by the U.S. 
 Department of Labor, Bureau of
Apprenticeship and 
 Training, health and welfare, insurance, vacations and

 pensions paid generally, in the
locality in which the 
 work is being performed, to employees engaged in
work 
 of a similar character on public works; this paragraph 
 (F) applies only to businesses that submit an 
 application to the Department within 60 days after 
 July 25, 2013 (the effective date of Public Act 
 98-109); and 
  (4) no later than 90 days after an application is 
 submitted, the
Department shall notify the applicant of 
 the Department's determination of
the qualification of the 
 proposed High Impact Business under this Section.

 (b) Businesses designated as High Impact Businesses 
pursuant to
subdivision (a)(3)(A) of this Section shall 
qualify for the credits and
exemptions described in the

following Acts: Section 9-222 and Section 9-222.1A of the 
Public Utilities
Act,
subsection (h)
of Section 201 of the 
Illinois Income Tax Act,
and Section 1d of
the
Retailers' 
Occupation Tax Act; provided that these credits and
exemptions

described in these Acts shall not be authorized until the 
minimum
investments set forth in subdivision (a)(3)(A) of this

Section have been placed in
service in qualified properties 
and, in the case of the exemptions
described in the Public 
Utilities Act and Section 1d of the Retailers'
Occupation Tax 
Act, the minimum full-time equivalent jobs or full-time 
retained jobs set
forth in subdivision (a)(3)(A) of this 
Section have been
created or retained.
Businesses designated 
as High Impact Businesses under
this Section shall also

qualify for the exemption described in Section 5l of the 
Retailers' Occupation
Tax Act. The credit provided in 
subsection (h) of Section 201 of the Illinois
Income Tax Act 
shall be applicable to investments in qualified property as 
set
forth in subdivision (a)(3)(A) of this Section.

 (b-5) Businesses designated as High Impact Businesses 
pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), 
and (a)(3)(D) of this Section shall qualify
for the credits 
and exemptions described in the following Acts: Section 51 of

the Retailers' Occupation Tax Act, Section 9-222 and Section 
9-222.1A of the
Public Utilities Act, and subsection (h) of 
Section 201 of the Illinois Income
Tax Act; however, the 
credits and exemptions authorized under Section 9-222 and

Section 9-222.1A of the Public Utilities Act, and subsection 
(h) of Section 201
of the Illinois Income Tax Act shall not be 
authorized until the new electric
generating facility, the new 
gasification facility, the new transmission facility, or the 
new, expanded, or
reopened coal mine is operational,
except 
that a new electric generating facility whose primary fuel 
source is
natural gas is eligible only for the exemption under 
Section 5l of the
Retailers' Occupation Tax Act.

 (b-6) Businesses designated as High Impact Businesses 
pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this 
Section shall qualify for the exemptions described in Section 
5l of the Retailers' Occupation Tax Act; any business so 
designated as a High Impact Business being, for purposes of 
this Section, a "Wind Energy Business". 
 (b-7) Beginning on January 1, 2021, businesses designated 
as High Impact Businesses by the Department shall qualify for 
the High Impact Business construction jobs credit under 
subsection (h-5) of Section 201 of the Illinois Income Tax Act 
if the business meets the criteria set forth in subsection (i) 
of this Section. The total aggregate amount of credits awarded 
under the Blue Collar Jobs Act (Article 20 of Public Act 101-9) 
shall not exceed $20,000,000 in any State fiscal year. 
 (c) High Impact Businesses located in federally designated 
foreign trade
zones or sub-zones are also eligible for 
additional credits, exemptions and
deductions as described in 
the following Acts: Section 9-221 and Section
9-222.1 of the 
Public
Utilities Act; and subsection (g) of Section 201, and 
Section 203
of the Illinois Income Tax Act.

 (d) Except for businesses contemplated under subdivision 
(a)(3)(E) or (a)(3)(E-5) of this Section, existing Illinois 
businesses which apply for designation as a
High Impact 
Business must provide the Department with the prospective plan

for which 1,500 full-time retained jobs would be eliminated in 
the event that the
business is not designated.

 (e) Except for new wind power facilities contemplated 
under subdivision (a)(3)(E) of this Section, new proposed 
facilities which apply for designation as High Impact
Business 
must provide the Department with proof of alternative 
non-Illinois
sites which would receive the proposed investment 
and job creation in the
event that the business is not 
designated as a High Impact Business.

 (f) Except for businesses contemplated under subdivision 
(a)(3)(E) of this Section, in the event that a business is 
designated a High Impact Business
and it is later determined 
after reasonable notice and an opportunity for a
hearing as 
provided under the Illinois Administrative Procedure Act, that

the business would have placed in service in qualified 
property the
investments and created or retained the requisite 
number of jobs without
the benefits of the High Impact 
Business designation, the Department shall
be required to 
immediately revoke the designation and notify the Director
of 
the Department of Revenue who shall begin proceedings to 
recover all
wrongfully exempted State taxes with interest. The 
business shall also be
ineligible for all State funded 
Department programs for a period of 10 years.

 (g) The Department shall revoke a High Impact Business 
designation if
the participating business fails to comply with 
the terms and conditions of
the designation.

 (h) Prior to designating a business, the Department shall 
provide the
members of the General Assembly and Commission on 
Government Forecasting and Accountability
with a report 
setting forth the terms and conditions of the designation and

guarantees that have been received by the Department in 
relation to the
proposed business being designated.

 (i) High Impact Business construction jobs credit. 
Beginning on January 1, 2021, a High Impact Business may 
receive a tax credit against the tax imposed under subsections 
(a) and (b) of Section 201 of the Illinois Income Tax Act in an 
amount equal to 50% of the amount of the incremental income tax 
attributable to High Impact Business construction jobs credit 
employees employed in the course of completing a High Impact 
Business construction jobs project. However, the High Impact 
Business construction jobs credit may equal 75% of the amount 
of the incremental income tax attributable to High Impact 
Business construction jobs credit employees if the High Impact 
Business construction jobs credit project is located in an 
underserved area. 
 The Department shall certify to the Department of Revenue: 
(1) the identity of taxpayers that are eligible for the High 
Impact Business construction jobs credit; and (2) the amount 
of High Impact Business construction jobs credits that are 
claimed pursuant to subsection (h-5) of Section 201 of the 
Illinois Income Tax Act in each taxable year. Any business 
entity that receives a High Impact Business construction jobs 
credit shall maintain a certified payroll pursuant to 
subsection (j) of this Section. 
 As used in this subsection (i):
 "High Impact Business construction jobs credit" means an 
amount equal to 50% (or 75% if the High Impact Business 
construction project is located in an underserved area) of the 
incremental income tax attributable to High Impact Business 
construction job employees. The total aggregate amount of 
credits awarded under the Blue Collar Jobs Act (Article 20 of 
Public Act 101-9) shall not exceed $20,000,000 in any State 
fiscal year
 "High Impact Business construction job employee" means a 
laborer or worker who is employed by an Illinois contractor or 
subcontractor in the actual construction work on the site of a 
High Impact Business construction job project.
 "High Impact Business construction jobs project" means 
building a structure or building or making improvements of any 
kind to real property, undertaken and commissioned by a 
business that was designated as a High Impact Business by the 
Department. The term "High Impact Business construction jobs 
project" does not include the routine operation, routine 
repair, or routine maintenance of existing structures, 
buildings, or real property.
 "Incremental income tax" means the total amount withheld 
during the taxable year from the compensation of High Impact 
Business construction job employees.
 "Underserved area" means a geographic area that meets one 
or more of the following conditions:
  (1) the area has a poverty rate of at least 20% 
 according to the latest American Community Survey; 
  (2) 35% or more of the families with children in the 
 area are living below 130% of the poverty line, according 
 to the latest American Community Survey; 
  (3) at least 20% of the households in the area receive 
 assistance under the Supplemental Nutrition Assistance 
 Program (SNAP); or 
  (4) the area has an average unemployment rate, as 
 determined by the Illinois Department of Employment 
 Security, that is more than 120% of the national 
 unemployment average, as determined by the U.S. Department 
 of Labor, for a period of at least 2 consecutive calendar 
 years preceding the date of the application. 
 (j) Each contractor and subcontractor who is engaged in 
and executing a High Impact Business Construction jobs 
project, as defined under subsection (i) of this Section, for 
a business that is entitled to a credit pursuant to subsection 
(i) of this Section shall: 
  (1) make and keep, for a period of 5 years from the 
 date of the last payment made on or after June 5, 2019 (the 
 effective date of Public Act 101-9) on a contract or 
 subcontract for a High Impact Business Construction Jobs 
 Project, records for all laborers and other workers 
 employed by the contractor or subcontractor on the 
 project; the records shall include: 
   (A) the worker's name; 
   (B) the worker's address; 
   (C) the worker's telephone number, if available; 
   (D) the worker's social security number; 
   (E) the worker's classification or 
 classifications; 
   (F) the worker's gross and net wages paid in each 
 pay period; 
   (G) the worker's number of hours worked each day; 
   (H) the worker's starting and ending times of work 
 each day; 
   (I) the worker's hourly wage rate;
   (J) the worker's hourly overtime wage rate; 
   (K) the worker's race and ethnicity; and
   (L) the worker's gender;
  (2) no later than the 15th day of each calendar month, 
 provide a certified payroll for the immediately preceding 
 month to the taxpayer in charge of the High Impact 
 Business construction jobs project; within 5 business days 
 after receiving the certified payroll, the taxpayer shall 
 file the certified payroll with the Department of Labor 
 and the Department of Commerce and Economic Opportunity; a 
 certified payroll must be filed for only those calendar 
 months during which construction on a High Impact Business 
 construction jobs project has occurred; the certified 
 payroll shall consist of a complete copy of the records 
 identified in paragraph (1) of this subsection (j), but 
 may exclude the starting and ending times of work each 
 day; the certified payroll shall be accompanied by a 
 statement signed by the contractor or subcontractor or an 
 officer, employee, or agent of the contractor or 
 subcontractor which avers that: 
   (A) he or she has examined the certified payroll 
 records required to be submitted by the Act and such 
 records are true and accurate; and 
   (B) the contractor or subcontractor is aware that 
 filing a certified payroll that he or she knows to be 
 false is a Class A misdemeanor. 
 A general contractor is not prohibited from relying on a 
certified payroll of a lower-tier subcontractor, provided the 
general contractor does not knowingly rely upon a 
subcontractor's false certification. 
 Any contractor or subcontractor subject to this 
subsection, and any officer, employee, or agent of such 
contractor or subcontractor whose duty as an officer, 
employee, or agent it is to file a certified payroll under this 
subsection, who willfully fails to file such a certified 
payroll on or before the date such certified payroll is 
required by this paragraph to be filed and any person who 
willfully files a false certified payroll that is false as to 
any material fact is in violation of this Act and guilty of a 
Class A misdemeanor. 
 The taxpayer in charge of the project shall keep the 
records submitted in accordance with this subsection on or 
after June 5, 2019 (the effective date of Public Act 101-9) for 
a period of 5 years from the date of the last payment for work 
on a contract or subcontract for the High Impact Business 
construction jobs project. 
 The records submitted in accordance with this subsection 
shall be considered public records, except an employee's 
address, telephone number, and social security number, and 
made available in accordance with the Freedom of Information 
Act. The Department of Labor shall share the information with 
the Department in order to comply with the awarding of a High 
Impact Business construction jobs credit. A contractor, 
subcontractor, or public body may retain records required 
under this Section in paper or electronic format. 
 (k) Upon 7 business days' notice, each contractor and 
subcontractor shall make available for inspection and copying 
at a location within this State during reasonable hours, the 
records identified in this subsection (j) to the taxpayer in 
charge of the High Impact Business construction jobs project, 
its officers and agents, the Director of the Department of 
Labor and his or her deputies and agents, and to federal, 
State, or local law enforcement agencies and prosecutors. 
(Source: P.A. 101-9, eff. 6-5-19; 102-108, eff. 1-1-22; 
102-558, eff. 8-20-21; 102-605, eff. 8-27-21; 102-662, eff. 
9-15-21; 102-673, eff. 11-30-21; revised 12-8-21.)


 Section 130. The Illinois Promotion Act is amended by 
changing Section 8a as follows:




 (20 ILCS 665/8a) (from Ch. 127, par. 200-28a)



 Sec. 8a. Tourism grants and loans. 

 (1) The Department is authorized to make grants and loans, 
subject to
appropriations by the General Assembly for this 
purpose from the Tourism
Promotion Fund,
to counties, 
municipalities, other units of local government, local 
promotion groups, not-for-profit
organizations, or
for-profit 
businesses for the development or improvement of tourism

attractions in Illinois. Individual grants and loans shall not

exceed
$1,000,000
and shall not exceed 50% of the entire 
amount of the actual expenditures for
the development or 
improvement of a tourist attraction. Agreements for
loans made 
by the Department pursuant to this subsection may contain

provisions regarding term, interest rate, security as may be 
required by
the Department and any other provisions the 
Department may require to
protect the State's interest.

 (2) From appropriations to the Department from the State 
CURE fund for this purpose, the Department shall establish 
Tourism Attraction grants for purposes outlined in subsection 
(1). Grants under this subsection shall not exceed $1,000,000 
but may exceed 50% of the entire amount of the actual 
expenditure for the development or improvement of a tourist 
attraction, including, but not limited to, festivals. 
Expenditures of such funds shall be in accordance with the 
permitted purposes under Section 9901 of the American Rescue 
Plan Act of 2021 and all related federal guidance.

(Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21; 
revised 9-28-21.)


 Section 135. The Financial Institutions Code is amended by 
changing Section 6 as follows:




 (20 ILCS 1205/6) (from Ch. 17, par. 106)


 Sec. 6. In addition to the duties imposed elsewhere in 
this Act, the
Department has the following powers:

 (1) To exercise the rights, powers and duties vested by 
law in the
Auditor of Public Accounts under "An Act to provide 
for the incorporation,
management and regulation of pawners' 
societies and limiting the rate of
compensation to be paid for 
advances, storage and insurance on pawns and
pledges and to 
allow the loaning of money upon personal property", approved

March 29, 1899, as amended.

 (2) To exercise the rights, powers and duties vested by 
law in the
Auditor of Public Accounts under the Currency 
Exchange Act "An Act in relation to the definition,
licensing 
and regulation of community currency exchanges and ambulatory

currency exchanges, and the operators and employees thereof, 
and to make an
appropriation therefor, and to provide 
penalties and remedies for the
violation thereof", approved 
June 30, 1943, as amended.

 (3) To exercise the rights, powers, and duties vested by 
law in the
Auditor of Public Accounts under "An Act in relation 
to the buying and
selling of foreign exchange and the 
transmission or transfer of money to
foreign countries", 
approved June 28, 1923, as amended.

 (4) To exercise the rights, powers, and duties vested by 
law in the
Auditor of Public Accounts under "An Act to provide 
for and regulate the
business of guaranteeing titles to real 
estate by corporations", approved
May 13, 1901, as amended.

 (5) To exercise the rights, powers and duties vested by 
law in the
Department of Insurance under "An Act to define, 
license, and regulate the
business of making loans of eight 
hundred dollars or less, permitting an
interest charge thereon 
greater than otherwise allowed by law, authorizing
and 
regulating the assignment of wages or salary when taken as 
security for
any such loan or as consideration for a payment of 
eight hundred dollars or
less, providing penalties, and to 
repeal Acts therein named", approved July
11, 1935, as 
amended.

 (6) To administer and enforce the Safety Deposit License 
Act "An Act to license and regulate the
keeping and letting of 
safety deposit boxes, safes, and vaults, and the
opening 
thereof, and to repeal a certain Act therein named", approved 
June
13, 1945, as amended.

 (7) Whenever the Department is authorized or required by 
law to consider
some aspect of criminal history record 
information for the purpose of
carrying out its statutory 
powers and responsibilities, then, upon request
and payment of 
fees in conformance with the requirements of Section 2605-400 
of the Illinois State Police Law, the
Illinois State Police is 
authorized to furnish, pursuant to positive
identification, 
such information contained in State files as is necessary
to 
fulfill the request.

 (8) To administer the Payday Loan Reform Act, the Consumer 
Installment Loan Act, the Predatory Loan Prevention Act, the 
Motor Vehicle Retail Installment Sales Act, and the Retail 
Installment Sales Act.

(Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21; 
revised 10-5-21.)


 Section 140. The Department of Innovation and Technology 
Act is amended by changing Section 1-5 as follows:


 (20 ILCS 1370/1-5)



 Sec. 1-5. Definitions. In this Act:
 "Client agency" means each transferring agency, or its 
successor, and any other public agency to which the Department 
provides service to the extent specified in an interagency 
agreement with the public agency.
 "Dedicated unit" means the dedicated bureau, division, 
office, or other unit within a transferring agency that is 
responsible for the information technology functions of the 
transferring agency.
 "Department" means the Department of Innovation and 
Technology.
 "Information technology" means technology, 
infrastructure, equipment, systems, software, networks, and 
processes used to create, send, receive, and store electronic 
or digital information, including, without limitation, 
computer systems and telecommunication services and systems. 
"Information technology" shall be construed broadly to 
incorporate future technologies (such as sensors and balanced 
private hybrid or public cloud posture tailored to the mission 
of the agency) that change or supplant those in effect as of 
the effective date of this Act.
 "Information technology functions" means the development, 
procurement, installation, retention, maintenance, operation, 
possession, storage, and related functions of all information 
technology.
 "Secretary" means the Secretary of Innovation and 
Technology.
 "State agency" means each State agency, department, board, 
and commission under the jurisdiction of the Governor.
 "Transferring agency" means the Department on Aging; the 
Departments of Agriculture, Central Management Services, 
Children and Family Services, Commerce and Economic 
Opportunity, Corrections, Employment Security, Financial and 
Professional Regulation, Healthcare and Family Services, Human 
Rights, Human Services, Insurance, Juvenile Justice, Labor, 
Lottery, Military Affairs, Natural Resources, Public Health, 
Revenue, Transportation, and Veterans' Affairs; the Illinois 
State Police; the Capital Development Board; the Deaf and Hard 
of Hearing Commission; the Environmental Protection Agency; 
the Governor's Office of Management and Budget; the 
Guardianship and Advocacy Commission; the Abraham Lincoln 
Presidential Library and Museum; the Illinois Arts Council; 
the Illinois Council on Developmental Disabilities; the 
Illinois Emergency Management Agency; the Illinois Gaming 
Board; the Illinois Health Information Exchange Authority; the 
Illinois Liquor Control Commission; the Office of the State 
Fire Marshal; and the Prisoner Review Board. 

(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 9-28-21.)

 Section 145. The Department of Insurance Law of the
Civil 
Administrative Code of Illinois is amended by setting forth, 
renumbering, and changing multiple
versions of Section 1405-40 
as follows:

 (20 ILCS 1405/1405-40)
 Sec. 1405-40. Transfer of functions.
 (a) On July 1, 2021 (the effective date of Public Act 
102-37) this amendatory Act of the 102nd General Assembly, all 
powers, duties, rights, and responsibilities of the Insurance 
Compliance Division within the Illinois Workers' Compensation 
Commission are transferred to the Department of Insurance. The 
personnel of the Insurance Compliance Division are transferred 
to the Department of Insurance. The status and rights of such 
personnel under the Personnel Code are not affected by the 
transfer. The rights of the employees and the State of 
Illinois and its agencies under the Personnel Code and 
applicable collective bargaining agreements or under any 
pension, retirement, or annuity plan are not affected by 
Public Act 102-37 this amendatory Act of the 102nd General 
Assembly. All books, records, papers, documents, property 
(real and personal), contracts, causes of action, and pending 
business pertaining to the powers, duties, rights, and 
responsibilities transferred by Public Act 102-37 this 
amendatory Act of the 102nd General Assembly from the 
Insurance Compliance Division to the Department of Insurance, 
including, but not limited to, material in electronic or 
magnetic format and necessary computer hardware and software, 
are transferred to the Department of Insurance. The powers, 
duties, rights, and responsibilities relating to the Insurance 
Compliance Division transferred by Public Act 102-37 this 
amendatory Act of the 102nd General Assembly are vested in the 
Department of Insurance.
 (b) Whenever reports or notices are required to be made or 
given or papers or documents furnished or served by any person 
to or upon the Insurance Compliance Division in connection 
with any of the powers, duties, rights, and responsibilities 
transferred by Public Act 102-37 this amendatory Act of the 
102nd General Assembly, the Department of Insurance shall 
make, give, furnish, or serve them.
 (c) Public Act 102-37 This amendatory Act of the 102nd 
General Assembly does not affect any act done, ratified, or 
canceled, any right occurring or established, or any action or 
proceeding had or commenced in an administrative, civil, or 
criminal cause by the Insurance Compliance Division before 
July 1, 2021 (the effective date of Public Act 102-37) this 
amendatory Act of the 102nd General Assembly. Such actions or 
proceedings may be prosecuted and continued by the Department 
of Insurance.
 (d) Any rules that relate to its powers, duties, rights, 
and responsibilities of the Insurance Compliance Division and 
are in force on July 1, 2021 (the effective date of Public Act 
102-37) this amendatory Act of the 102nd General Assembly 
become the rules of the Department of Insurance. Public Act 
102-37 This amendatory Act of the 102nd General Assembly does 
not affect the legality of any such rules.
 (e) Any proposed rules filed with the Secretary of State 
by the Illinois Workers' Compensation Commission that are 
pending in the rulemaking process on July 1, 2021 (the 
effective date of Public Act 102-37) this amendatory Act of 
the 102nd General Assembly and pertain to the transferred 
powers, duties, rights, and responsibilities are deemed to 
have been filed by the Department of Insurance. As soon as 
practicable, the Department of Insurance shall revise and 
clarify the rules transferred to it under Public Act 102-37 
this amendatory Act of the 102nd General Assembly to reflect 
the reorganization of powers, duties, rights, and 
responsibilities affected by Public Act 102-37 this amendatory 
Act of the 102nd General Assembly, using the procedures for 
recodification of rules available under the Illinois 
Administrative Procedure Act, except that existing title, 
part, and section numbering for the affected rules may be 
retained. The Department of Insurance may propose and adopt 
under the Illinois Administrative Procedure Act other rules of 
the Illinois Workers' Compensation Commission pertaining to 
Public Act 102-37 this amendatory Act of the 102nd General 
Assembly that are administered by the Department of Insurance.

(Source: P.A. 102-37, eff. 7-1-21; revised 11-3-21.)



 (20 ILCS 1405/1405-45)


 Sec. 1405-45 1405-40. Transfer of the Illinois 
Comprehensive Health Insurance Plan. Upon entry of an Order of 
Rehabilitation or Liquidation against the Comprehensive Health 
Insurance Plan in accordance with Article XIII of the Illinois 
Insurance Code, all powers, duties, rights, and 
responsibilities of the Illinois Comprehensive Health 
Insurance Plan and the Illinois Comprehensive Health Insurance 
Board under the Comprehensive Health Insurance Plan Act shall 
be transferred to and vested in the Director of Insurance as 
rehabilitator or liquidator as provided in the provisions of 
Public Act 102-159 this amendatory Act of the 102nd General 
Assembly.

(Source: P.A. 102-159, eff. 7-23-21; revised 11-3-21.)


 Section 150. The Department of Labor Law of the
Civil 
Administrative Code of Illinois is amended by changing Section 
1505-215 as follows:

 (20 ILCS 1505/1505-215)
 Sec. 1505-215. Bureau on Apprenticeship Programs and Clean 
Energy Jobs. 
 (a) For purposes of this Section, "clean energy sector" 
means solar energy, wind energy, energy efficiency, solar 
thermal, green hydrogen, geothermal, and electric vehicle 
industries and other renewable energy industries, industries 
achieving emission reductions, and related industries that 
manufacture, develop, build, maintain, or provide ancillary 
services to renewable energy resources or energy efficiency 
products or services, including the manufacture and 
installation of healthier building materials that contain 
fewer hazardous chemicals.
 (b) There is created within the Department of Labor a 
Bureau on Apprenticeship Programs and Clean Energy Jobs. This 
Bureau shall work to increase minority participation in active 
apprentice programs in Illinois that are approved by the 
United States Department of Labor and in clean energy jobs in 
Illinois. The Bureau shall identify barriers to minorities 
gaining access to construction careers and careers in the 
clean energy sector and make recommendations to the Governor 
and the General Assembly for policies to remove those 
barriers. The Department may hire staff to perform outreach in 
promoting diversity in active apprenticeship programs approved 
by the United States Department of Labor. 
 (c) The Bureau shall annually compile racial and gender 
workforce diversity information from contractors receiving 
State or other public funds and by labor unions with members 
working on projects receiving State or other public funds.

 (d) The Bureau shall compile racial and gender workforce 
diversity information from certified transcripts of payroll 
reports filed in the preceding year pursuant to the Prevailing 
Wage Act for all clean energy sector construction projects. 
The Bureau shall work with the Department of Commerce and 
Economic Opportunity, the Illinois Power Agency, the Illinois 
Commerce Commission, and other agencies, as necessary, to 
receive and share data and reporting on racial and gender 
workforce diversity, demographic data, and any other data 
necessary to achieve the goals of this Section.
 (e) By April 15, 2022 and every April 15 thereafter, the 
Bureau shall publish and make available on the Department's 
website a report summarizing the racial and gender diversity 
of the workforce on all clean energy sector projects by 
county. The report shall use a consistent structure for 
information requests and presentation, with an easy-to-use 
table of contents, to enable comparable year-over-year 
solicitation and benchmarking of data. The development of the 
report structure shall be open to a public review and comment 
period. That report shall compare the race, ethnicity, and 
gender of the workers on covered clean energy sector projects 
to the general population of the county in which the project is 
located. The report shall also disaggregate such data to 
compare the race, ethnicity, and gender of workers employed by 
union and nonunion contractors and compare the race, 
ethnicity, and gender of workers who reside in Illinois and 
those who reside outside of Illinois. The report shall also 
include the race, ethnicity, and gender of the workers by 
prevailing wage classification.
 (f) The Bureau shall present its annual report to the 
Energy Workforce Advisory Council in order to inform its 
program evaluations, recommendations, and objectives pursuant 
to Section 5-65 of the Energy Transition Act. The Bureau shall 
also present its annual report to the Illinois Power Agency in 
order to inform its ongoing equity and compliance efforts in 
the clean energy sector.
 The Bureau and all entities subject to the requirements of 
subsection (d) shall hold an annual workshop open to the 
public in 2022 and every year thereafter on the state of racial 
and gender workforce diversity in the clean energy sector in 
order to collaboratively seek solutions to structural 
impediments to achieving diversity, equity, and inclusion 
goals, including testimony from each participating entity, 
subject matter experts, and advocates.
 (g) The Bureau shall publish each annual report prepared 
and filed pursuant to subsection (d) on the Department of 
Labor's website for at least 5 years. 
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; 
102-558, eff. 8-20-21; 102-662, eff. 9-15-21; revised 
10-12-21.)

 Section 155. The Illinois Lottery Law is amended by 
changing Section 21.8 as follows:

 (20 ILCS 1605/21.8)
 Sec. 21.8. Quality of Life scratch-off game.
 (a) The Department shall offer a special instant 
scratch-off game with the title of "Quality of Life". The game 
shall commence on July 1, 2007 or as soon thereafter, in the 
discretion of the Director, as is reasonably practical, and 
shall be discontinued on December 31, 2025. The operation of 
the game is governed by this Act and by any rules adopted by 
the Department. The Department must consult with the Quality 
of Life Board, which is established under Section 2310-348 of 
the Department of Public Health Powers and Duties Law of the

Civil Administrative Code of Illinois, regarding the design 
and promotion of the game. If any provision of this Section is 
inconsistent with any other provision of this Act, then this 
Section governs.
 (b) The Quality of Life Endowment Fund is created as a 
special fund in the State treasury. The net revenue from the 
Quality of Life special instant scratch-off game must be 
deposited into the Fund for appropriation by the General 
Assembly solely to the Department of Public Health for the 
purpose of HIV/AIDS-prevention education and for making grants 
to public or private entities in Illinois for the purpose of 
funding organizations that serve the highest at-risk 
categories for contracting HIV or developing AIDS. Grants 
shall be targeted to serve at-risk populations in proportion 
to the distribution of recent reported Illinois HIV/AIDS cases 
among risk groups as reported by the Illinois Department of 
Public Health. The recipient organizations must be engaged in 
HIV/AIDS-prevention education and HIV/AIDS healthcare 
treatment. The Department must, before grants are awarded, 
provide copies of all grant applications to the Quality of 
Life Board, receive and review the Board's recommendations and 
comments, and consult with the Board regarding the grants. 
Organizational size will determine an organization's 
competitive slot in the "Request for Proposal" process. 
Organizations with an annual budget of $300,000 or less will 
compete with like size organizations for 50% of the Quality of 
Life annual fund. Organizations with an annual budget of 
$300,001 to $700,000 will compete with like organizations for 
25% of the Quality of Life annual fund, and organizations with 
an annual budget of $700,001 and upward will compete with like 
organizations for 25% of the Quality of Life annual fund. The 
lottery may designate a percentage of proceeds for marketing 
purposes purpose. The grant funds may not be used for 
institutional, organizational, or community-based overhead 
costs, indirect costs, or levies.
 Grants awarded from the Fund are intended to augment the 
current and future State funding for the prevention and 
treatment of HIV/AIDS and are not intended to replace that 
funding.

 Moneys received for the purposes of this Section, 
including, without limitation, net revenue from the special 
instant scratch-off game and gifts, grants, and awards from 
any public or private entity, must be deposited into the Fund. 
Any interest earned on moneys in the Fund must be deposited 
into the Fund.
 For purposes of this subsection, "net revenue" means the 
total amount for which tickets have been sold less the sum of 
the amount paid out in prizes and the actual administrative 
expenses of the Department solely related to the Quality of 
Life game.
 (c) During the time that tickets are sold for the Quality 
of Life game, the Department shall not unreasonably diminish 
the efforts devoted to marketing any other instant scratch-off 
lottery game.
 (d) The Department may adopt any rules necessary to 
implement and administer the provisions of this Section in 
consultation with the Quality of Life Board.


(Source: P.A. 98-499, eff. 8-16-13; 99-791, eff. 8-12-16; 
revised 12-2-21.)

 Section 160. The Department of Healthcare and Family 
Services Law of the
Civil Administrative Code of Illinois is 
amended by renumbering Section 30 as follows:

 (20 ILCS 2205/2205-31)
 Sec. 2205-31 30. Health care telementoring.
 (a) The Department of Healthcare and Family Services shall 
designate one or more health care telementoring entities based 
on an application to be developed by the Department of 
Healthcare and Family Services. Applicants shall demonstrate a 
record of expertise and demonstrated success in providing 
health care telementoring services. Approved applicants from 
Illinois shall be eligible for State funding in accordance 
with rules developed by the Department of Healthcare and 
Family Services. Funding shall be provided based on the number 
of physicians who are assisted by each approved health care 
telementoring entity and the hours of assistance provided to 
each physician.
 (b) In this Section, "health care telementoring" means a 
program:
  (1) based on interactive video technology that 
 connects groups of community health care providers in 
 urban and rural underserved areas with specialists in 
 regular real-time collaborative sessions;
  (2) designed around case-based learning and 
 mentorship; and
  (3) that helps local health care providers gain the 
 expertise required to more effectively provide needed 
 services. 
 "Health care telementoring" includes, but is not limited 
to, a program provided to improve services in a variety of 
areas, including, but not limited to, adolescent health, 
Hepatitis C, complex diabetes, geriatrics, mental illness, 
opioid use disorders, substance use disorders, maternity care, 
childhood adversity and trauma, pediatric ADHD, and other 
priorities identified by the Department of Healthcare and 
Family Services. 

(Source: P.A. 102-512, eff. 1-1-22; revised 9-30-21.)

 Section 165. The Department of Public Health Powers and 
Duties Law of the
Civil Administrative Code of Illinois is 
amended by changing Section 2310-223 and by setting forth and 
renumbering multiple
versions of Section 2310-431 as follows:

 (20 ILCS 2310/2310-223)
 Sec. 2310-223. Maternal care.
 (a) The Department shall establish a classification system 
for the following levels of maternal care: 
  (1) basic care: care of uncomplicated pregnancies with 
 the ability to detect, stabilize, and initiate management 
 of unanticipated maternal-fetal or neonatal problems that 
 occur during the antepartum, intrapartum, or postpartum 
 period until the patient can be transferred to a facility 
 at which specialty maternal care is available;
  (2) specialty care: basic care plus care of 
 appropriate high-risk antepartum, intrapartum, or 
 postpartum conditions, both directly admitted and 
 transferred to another facility;
  (3) subspecialty care: specialty care plus care of 
 more complex maternal medical conditions, obstetric 
 complications, and fetal conditions; and
  (4) regional perinatal health care: subspecialty care 
 plus on-site medical and surgical care of the most complex 
 maternal conditions, critically ill pregnant women, and 
 fetuses throughout antepartum, intrapartum, and postpartum 
 care. 
 (b) The Department shall: 
  (1) introduce uniform designations for levels of 
 maternal care that are complementary complimentary but 
 distinct from levels of neonatal care;
  (2) establish clear, uniform criteria for designation 
 of maternal centers that are integrated with emergency 
 response systems to help ensure that the appropriate 
 personnel, physical space, equipment, and technology are 
 available to achieve optimal outcomes, as well as to 
 facilitate subsequent data collection regarding 
 risk-appropriate care;
  (3) require each health care facility to have a clear 
 understanding of its capability to handle increasingly 
 complex levels of maternal care, and to have a 
 well-defined threshold for transferring women to health 
 care facilities that offer a higher level of care; to 
 ensure optimal care of all pregnant women, the Department 
 shall require all birth centers, hospitals, and 
 higher-level facilities to collaborate in order to develop 
 and maintain maternal and neonatal transport plans and 
 cooperative agreements capable of managing the health care 
 needs of women who develop complications; the Department 
 shall require that receiving hospitals openly accept 
 transfers;
  (4) require higher-level facilities to provide 
 training for quality improvement initiatives, educational 
 support, and severe morbidity and mortality case review 
 for lower-level hospitals; the Department shall ensure 
 that, in those regions that do not have a facility that 
 qualifies as a regional perinatal health care facility, 
 any specialty care facility in the region will provide the 
 educational and consultation function;
  (5) require facilities and regional systems to develop 
 methods to track severe maternal morbidity and mortality 
 to assess the efficacy of utilizing maternal levels of 
 care;
  (6) analyze data collected from all facilities and 
 regional systems in order to inform future updates to the 
 levels of maternal care;
  (7) require follow-up interdisciplinary work groups to 
 further explore the implementation needs that are 
 necessary to adopt the proposed classification system for 
 levels of maternal care in all facilities that provide 
 maternal care;
  (8) disseminate data and materials to raise public 
 awareness about the importance of prenatal care and 
 maternal health;
  (9) engage the Illinois Chapter of the American 
 Academy of Pediatrics in creating a quality improvement 
 initiative to expand efforts of pediatricians conducting 
 postpartum depression screening at well baby visits during 
 the first year of life; and 
  (10) adopt rules in accordance with the Illinois 
 Administrative Procedure Act to implement this subsection. 

(Source: P.A. 101-447, eff. 8-23-19; 102-558, eff. 8-20-21; 
revised 12-1-21.)

 (20 ILCS 2310/2310-431)
 Sec. 2310-431. Healthy Illinois Survey.
 (a) The General Assembly finds the following:
  (1) The Coronavirus pandemic that struck in 2020 
 caused more illness and death in Black, Latinx, and other 
 communities with people of color in Illinois.
  (2) Many rural and other underserved communities in 
 Illinois experienced higher rates of COVID-19 illness and 
 death than higher-resourced communities.
  (3) The structural racism and underlying health and 
 social disparities in communities of color and other 
 underserved communities that produced these COVID-19 
 disparities also produce disparities in chronic disease, 
 access to care, and social determinants of health, such as 
 overcrowded housing and prevalence of working in low-wage 
 essential jobs.
  (4) Traditional public health data collected by 
 existing methods is insufficient to help State and local 
 governments, health care partners, and communities 
 understand local health concerns and social factors 
 associated with health. Nor does the data provide adequate 
 information to help identify policies and interventions 
 that address health inequities.
  (5) Comprehensive, relevant, and current public health 
 data could be used to: identify health concerns for 
 communities across Illinois; understand environmental, 
 neighborhood, and social factors associated with health; 
 and support the development, implementation, and progress 
 of programs for public health interventions and addressing 
 health inequities. 
 (b) Subject to appropriation, the Department shall 
administer an annual survey, which shall be named the Healthy 
Illinois Survey. The Healthy Illinois Survey shall: 
  (1) include interviews of a sample of State residents 
 such that statistically reliable data for every county, 
 zip code groupings within more highly populated counties 
 and cities, suburban Cook County municipalities, and 
 Chicago community areas can be developed, as well as 
 statistically reliable data on racial, ethnic, gender, 
 age, and other demographic groups of State residents 
 important to inform health equity goals;
  (2) be collected at the zip code level; and
  (3) include questions on a range of topics designed to 
 establish an initial baseline public health data set and 
 annual updates, including: 
   (A) access to health services;
   (B) civic engagement;
   (C) childhood experiences;
   (D) chronic health conditions;
   (E) COVID-19;
   (F) diet;
   (G) financial security;
   (H) food security;
   (I) mental health;
   (J) community conditions;
   (K) physical activity;
   (L) physical safety;
   (M) substance abuse; and
   (N) violence. 
 (c) In developing the Healthy Illinois Survey, the 
Department shall consult with local public health departments 
and stakeholders with expertise in health, mental health, 
nutrition, physical activity, violence prevention, safety, 
tobacco and drug use, and emergency preparedness with the goal 
of developing a comprehensive survey that will assist the 
State and other partners in developing the data to measure 
public health and health equity.
 (d) The Department shall provide the results of the 
Healthy Illinois Survey in forms useful to cities, 
communities, local health departments, hospitals, and other 
potential users, including annually publishing on its website 
data at the most granular geographic and demographic levels 
possible while protecting identifying information. The 
Department shall produce periodic special reports and analyses 
relevant to ongoing and emerging health and social issues in 
communities and the State. The Department shall use this data 
to inform the development and monitoring of its State Health 
Assessment. The Department shall provide the full relevant 
jurisdictional data set to local health departments for their 
local use and analysis each year.
 (e) The identity, or any group of facts that tends to lead 
to the identity, of any person whose condition or
treatment is 
submitted to the Healthy Illinois Survey is confidential and 
shall not be open to public inspection
or dissemination and is 
exempt from disclosure under Section 7 of the Freedom of 
Information Act.
Information for specific research purposes 
may be released in accordance with procedures established by

the Department. 

(Source: P.A. 102-483, eff. 1-1-22.)



 (20 ILCS 2310/2310-432)


 Sec. 2310-432 2310-431. Medical examiner offices; medical 
facilities. The Department shall ensure that medical examiner 
offices are included as part of medical facilities for the 
purposes of complying with and implementing Sections 212(e) 
and 214(l) of the federal Immigration and Nationality Act (8 
U.S.C. 1182(e) and 8 U.S.C. 1184(l)) and 22 CFR 62 regarding 
the federal Exchange Visitor Program.

(Source: P.A. 102-488, eff. 1-1-22; revised 11-3-21.)


 Section 170. The Illinois State Police Law of the
Civil 
Administrative Code of Illinois is amended by changing 
Sections 2605-35, 2605-40, 2605-50, 2605-410, and 2605-605 and 
by setting forth, renumbering, and changing multiple
versions 
of Section 2601-51 as follows:




 (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)


 Sec. 2605-35. Division of Criminal
Investigation.
 (a) The Division of Criminal
Investigation shall exercise

the following functions and those in Section 2605-30:


  (1) Exercise the rights, powers, and duties vested by

 law in the Illinois State Police by the Illinois Horse 
 Racing Act of 1975, including those set forth in Section 
 2605-215.


  (2) Investigate the origins, activities, personnel, 
 and
incidents of crime and enforce the criminal laws of 
 this State related thereto.


  (3) Enforce all laws regulating the production, sale,

 prescribing, manufacturing, administering, transporting, 
 having in possession,
dispensing, delivering, 
 distributing, or use of controlled substances
and 
 cannabis.


  (4) Cooperate with the police of cities, villages, and

 incorporated towns and with the police officers of any 
 county in
enforcing the laws of the State and in making 
 arrests and recovering
property.


  (5) Apprehend and deliver up any person charged in 
 this State or any other
state with treason or a felony or 
 other crime who has fled from justice and is
found in this 
 State.


  (6) Investigate recipients and providers under the 
 Illinois Public Aid
Code and any personnel involved in the 
 administration of the Code who are
suspected of any 
 violation of the Code pertaining to fraud in the

 administration, receipt, or provision of assistance and 
 pertaining to any
violation of criminal law; and exercise 
 the functions required under Section
2605-220 in the 
 conduct of those investigations.


  (7) Conduct other investigations as provided by law.


  (8) Investigate public corruption..


  (9) Exercise other duties that may be assigned by the 
 Director in order to
fulfill the responsibilities and 
 achieve the purposes of the Illinois State Police, which 
 may include the coordination of gang, terrorist, and 
 organized crime prevention, control activities, and 
 assisting local law enforcement in their crime control 
 activities.

 (b) (Blank).

(Source: P.A. 102-538, eff. 8-20-21; revised 12-2-21.)




 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)



 Sec. 2605-40. Division of Forensic Services. The Division 
of
Forensic Services shall exercise the following functions:

  (1) Provide crime scene services and traffic crash 
 reconstruction..

  (2) Exercise the rights, powers, and duties vested by

 law in the Illinois State Police by Section 2605-300 of 
 this Law.

  (3) Provide assistance to local law enforcement 
 agencies
through training, management, and consultant 
 services.

  (4) (Blank).

  (5) Exercise other duties that may be assigned by the 
 Director in
order to fulfill the responsibilities and 
 achieve the purposes of the Illinois State Police.

  (6) Establish and operate a forensic science 
 laboratory system,
including a forensic toxicological 
 laboratory service, for the purpose of
testing specimens 
 submitted by coroners and other law enforcement officers

 in their efforts to determine whether alcohol, drugs, or 
 poisonous or other
toxic substances have been involved in 
 deaths, accidents, or illness.
Forensic toxicological 
 laboratories shall be established in Springfield,
Chicago, 
 and elsewhere in the State as needed.

  (6.5) Establish administrative rules in order to set 
 forth standardized requirements for the disclosure of 
 toxicology results and other relevant documents related to 
 a toxicological analysis. These administrative rules are 
 to be adopted to produce uniform and sufficient 
 information to allow a proper, well-informed determination 
 of the admissibility of toxicology evidence and to ensure 
 that this evidence is presented competently. These 
 administrative rules are designed to provide a minimum 
 standard for compliance of toxicology evidence and are not 
 intended to limit the production and discovery of material 
 information.
  (7) Subject to specific appropriations made for these 
 purposes, establish
and coordinate a system for providing 
 accurate and expedited
forensic science and other 
 investigative and laboratory services to local law

 enforcement agencies and local State's Attorneys in aid of 
 the investigation
and trial of capital cases.

(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21; 
revised 12-2-21.)





 (20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)



 Sec. 2605-50. Division of Internal Investigation. The 
Division
of Internal Investigation shall have jurisdiction and 
initiate internal Illinois State Police
investigations and, at 
the direction of the Governor,
investigate
complaints and 
initiate investigations of official misconduct by State 
officers
and all State employees. Notwithstanding any other 
provisions of law, the Division shall serve as the 
investigative body for the Illinois State Police for purposes 
of compliance with the provisions of Sections 12.6 and 12.7 of 
the Illinois State Police this Act.

(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-4-21.)




 (20 ILCS 2605/2605-51)


 Sec. 2605-51. Division of the Academy and Training.
 (a) The Division of the Academy and Training shall 
exercise, but not be limited to, the following functions:
  (1) Oversee and operate the Illinois State Police 
 Training Academy.
  (2) Train and prepare new officers for a career in law 
 enforcement, with innovative, quality training and 
 educational practices.
  (3) Offer continuing training and educational programs 
 for Illinois State Police employees.
  (4) Oversee the Illinois State Police's recruitment 
 initiatives.
  (5) Oversee and operate the Illinois State Police's 
 quartermaster.
  (6) Duties assigned to the Illinois State Police in 
 Article 5, Chapter 11 of the Illinois Vehicle Code 
 concerning testing and training officers on the detection 
 of impaired driving.
  (7) Duties assigned to the Illinois State Police in 
 Article 108B of the Code of Criminal Procedure. 
 (b) The Division of the Academy and Training shall 
exercise the rights, powers, and duties vested in the former 
Division of State Troopers by Section 17 of the Illinois State 
Police Act.
 (c) Specialized training.
  (1) Training; cultural diversity. The Division of the 
 Academy and Training shall provide training and continuing 
 education to State police officers concerning cultural 
 diversity, including sensitivity toward racial and ethnic 
 differences. This training and continuing education shall 
 include, but not be limited to, an emphasis on the fact 
 that the primary purpose of enforcement of the Illinois 
 Vehicle Code is safety and equal and uniform enforcement 
 under the law.
  (2) Training; death and homicide investigations. The 
 Division of the Academy and Training shall provide 
 training in death and homicide investigation for State 
 police officers. Only State police officers who 
 successfully complete the training may be assigned as lead 
 investigators in death and homicide investigations. 
 Satisfactory completion of the training shall be evidenced 
 by a certificate issued to the officer by the Division of 
 the Academy and Training. The Director shall develop a 
 process for waiver applications for officers whose prior 
 training and experience as homicide investigators may 
 qualify them for a waiver. The Director may issue a 
 waiver, at his or her discretion, based solely on the 
 prior training and experience of an officer as a homicide 
 investigator.
  (3) Training; police dog training standards. All 
 police dogs used by the Illinois State Police for drug 
 enforcement purposes pursuant to the Cannabis Control Act, 
 the Illinois Controlled Substances Act, and the 
 Methamphetamine Control and Community Protection Act shall 
 be trained by programs that meet the certification 
 requirements set by the Director or the Director's 
 designee. Satisfactory completion of the training shall be 
 evidenced by a certificate issued by the Division of the 
 Academy and Training.
  (4) Training; post-traumatic stress disorder. The 
 Division of the Academy and Training shall conduct or 
 approve a training program in post-traumatic stress 
 disorder for State police officers. The purpose of that 
 training shall be to equip State police officers to 
 identify the symptoms of post-traumatic stress disorder 
 and to respond appropriately to individuals exhibiting 
 those symptoms.
  (5) Training; opioid antagonists. The Division of the 
 Academy and Training shall conduct or approve a training 
 program for State police officers in the administration of 
 opioid antagonists as defined in paragraph (1) of 
 subsection (e) of Section 5-23 of the Substance Use 
 Disorder Act that is in accordance with that Section. As 
 used in this Section, "State police officers" includes 
 full-time or part-time State police officers, 
 investigators, and any other employee of the Illinois 
 State Police exercising the powers of a peace officer.
  (6) Training; sexual assault and sexual abuse.
   (A) Every 3 years, the Division of the Academy and 
 Training shall present in-service training on sexual 
 assault and sexual abuse response and report writing 
 training requirements, including, but not limited to, 
 the following:
    (i) recognizing the symptoms of trauma;
    (ii) understanding the role trauma has played 
 in a victim's life;
    (iii) responding to the needs and concerns of 
 a victim;
    (iv) delivering services in a compassionate, 
 sensitive, and nonjudgmental manner;
    (v) interviewing techniques in accordance with 
 the curriculum standards in this paragraph (6);
    (vi) understanding cultural perceptions and 
 common myths of sexual assault and sexual abuse; 
 and
    (vii) report writing techniques in accordance 
 with the curriculum standards in this paragraph 
 (6).
   (B) This training must also be presented in all 
 full and part-time basic law enforcement academies.
   (C) Instructors providing this training shall have 
 successfully completed training on evidence-based, 
 trauma-informed, victim-centered responses to cases of 
 sexual assault and sexual abuse and have experience 
 responding to sexual assault and sexual abuse cases.
   (D) The Illinois State Police shall adopt rules, 
 in consultation with the Office of the Attorney 
 General and the Illinois Law Enforcement Training 
 Standards Board, to determine the specific training 
 requirements for these courses, including, but not 
 limited to, the following:
    (i) evidence-based curriculum standards for 
 report writing and immediate response to sexual 
 assault and sexual abuse, including 
 trauma-informed, victim-centered interview 
 techniques, which have been demonstrated to 
 minimize retraumatization, for all State police 
 officers; and
    (ii) evidence-based curriculum standards for 
 trauma-informed, victim-centered investigation 
 and interviewing techniques, which have been 
 demonstrated to minimize retraumatization, for 
 cases of sexual assault and sexual abuse for all 
 State police officers who conduct sexual assault 
 and sexual abuse investigations.
  (7) Training; human trafficking. The Division of the 
 Academy and Training shall conduct or approve a training 
 program in the detection and investigation of all forms of 
 human trafficking, including, but not limited to, 
 involuntary servitude under subsection (b) of Section 10-9 
 of the Criminal Code of 2012, involuntary sexual servitude 
 of a minor under subsection (c) of Section 10-9 of the 
 Criminal Code of 2012, and trafficking in persons under 
 subsection (d) of Section 10-9 of the Criminal Code of 
 2012. This program shall be made available to all cadets 
 and State police officers.
  (8) Training; hate crimes. The Division of the Academy 
 and Training shall provide training for State police 
 officers in identifying, responding to, and reporting all 
 hate crimes.

(Source: P.A. 102-538, eff. 8-20-21.)


 (20 ILCS 2605/2605-51.1)
 (This Section may contain text from a Public Act with a 
delayed effective date)
 (Section scheduled to be repealed on June 1, 2026)
 Sec. 2605-51.1 2605-51. Commission on Implementing the 
Firearms Restraining Order Act.
 (a) There is created the Commission on Implementing the 
Firearms Restraining Order Act composed of at least 12 members 
to advise on the strategies of education and implementation of 
the Firearms Restraining Order Act. The Commission shall be 
appointed by the Director of the Illinois State Police or his 
or her designee and shall include a liaison or representative 
nominated from the following: 
  (1) the Office of the Attorney General, appointed by 
 the Attorney General;
  (2) the Director of the Illinois State Police or his 
 or her designee;
  (3) at least 3 State's Attorneys, nominated by the 
 Director of the Office of the State's Attorneys Appellate 
 Prosecutor;
  (4) at least 2 municipal police department 
 representatives,
nominated by the Illinois Association of 
 Chiefs of Police;
  (5) an Illinois sheriff,
nominated by the Illinois 
 Sheriffs' Association;
  (6) the Director of Public Health or his or her 
 designee;
  (7) the Illinois Law Enforcement Training Standards 
 Board, nominated by the Executive Director of the Board;
  (8) a representative from a public defender's office,

 nominated by the State Appellate Defender;
  (9) a circuit court judge,
nominated by the Chief 
 Justice of the Supreme Court;
  (10) a prosecutor with experience managing or 
 directing a program in another state where the 
 implementation of that state's extreme risk protection 
 order law has achieved high rates of petition filings 
 nominated by the National District Attorneys Association; 
 and
  (11) an expert from law enforcement who has experience 
 managing or directing a program in another state where the 
 implementation of that state's extreme risk protection 
 order law has achieved high rates of petition filings 
 nominated by the Director of the Illinois State Police.
 (b)
The Commission shall be chaired by the Director of the 
Illinois State Police or his or her designee. The Commission 
shall meet, either virtually or in person, to discuss the 
implementation of the Firearms Restraining Order Act as 
determined by the Commission while the strategies are being 
established.
 (c) The members of the Commission shall serve without 
compensation and shall serve 3-year terms.
 (d) An annual report shall be submitted to the General 
Assembly by the Commission that may include summary 
information about firearms restraining order use by county, 
challenges to Firearms Restraining Order Act implementation, 
and recommendations for increasing and improving 
implementation.
 (e)
The Commission shall develop a model policy with an 
overall framework for the timely relinquishment of firearms 
whenever a firearms restraining order is issued. The model 
policy shall be finalized within the first 4 months of 
convening. In formulating the model policy, the Commission 
shall consult counties in Illinois and other states with 
extreme risk protection order laws which have achieved a high 
rate of petition filings. Once approved, the Illinois State 
Police shall work with their local law enforcement agencies 
within their county to design a comprehensive strategy for the 
timely relinquishment of firearms, using the model policy as 
an overall framework. Each individual agency may make small 
modifications as needed to the model policy and must approve 
and adopt a policy that aligns with the model policy. The 
Illinois State Police shall convene local police chiefs and 
sheriffs within their county as needed to discuss the 
relinquishment of firearms.
 (f) The Commission shall be dissolved June 1, 2025 (3 
years after the effective date of Public Act 102-345) this 
amendatory Act of the 102nd General Assembly.
 (g) This Section is repealed June 1, 2026 (4 years after 
the effective date of Public Act 102-345) this amendatory Act 
of the 102nd General Assembly.

(Source: P.A. 102-345, eff. 6-1-22; revised 11-3-21.)

 (20 ILCS 2605/2605-410)
 (Section scheduled to be repealed on January 1, 2023)
 Sec. 2605-410. Over Dimensional Load Police Escort Fund. 
To charge, collect, and receive fees or moneys as described in 
Section 15-312 of the Illinois Vehicle Code. All fees received 
by the Illinois State Police under Section 15-312 of the 
Illinois Vehicle Code shall be deposited into the Over 
Dimensional Load Police Escort Fund, a special fund that is 
created in the State treasury. Subject to appropriation, the 
money in the Over Dimensional Load Police Escort Fund shall be 
used by the Illinois State Police for its expenses in 
providing police escorts and commercial vehicle enforcement 
activities. This Fund is dissolved upon the transfer of the 
remaining balance from the Over Dimensional Load Police Escort 
Fund to the State Police Operations Assistance Fund as 
provided under subsection (a-5) of Section 6z-82 of the State 
Finance Act. This Section is repealed on January 1, 2023.

(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 
revised 10-4-21.)

 (20 ILCS 2605/2605-605)
 Sec. 2605-605. Violent Crime Intelligence Task Force. The 
Director of the Illinois State Police shall establish a 
statewide multi-jurisdictional Violent Crime Intelligence Task 
Force led by the Illinois State Police dedicated to combating 
gun violence, gun-trafficking, and other violent crime with 
the primary mission of preservation of life and reducing the 
occurrence and the fear of crime. The objectives of the Task 
Force shall include, but not be limited to, reducing and 
preventing illegal possession and use of firearms, 
firearm-related homicides, and other violent crimes, and 
solving firearm-related crimes. 
 (1) The Task Force may develop and acquire information, 
training, tools, and resources necessary to implement a 
data-driven approach to policing, with an emphasis on 
intelligence development.
 (2) The Task Force may utilize information sharing, 
partnerships, crime analysis, and evidence-based practices to 
assist in the reduction of firearm-related shootings, 
homicides, and gun-trafficking, including, but not limited to, 
ballistic data, eTrace data, DNA evidence, latent 
fingerprints, firearm training data, and National Integrated 
Ballistic Information Network (NIBIN) data. The Task Force may 
design a model crime gun intelligence strategy which may 
include, but is not limited to, comprehensive collection and 
documentation of all ballistic evidence, timely transfer of 
NIBIN and eTrace leads to an intelligence center, which may 
include the Division of Criminal Investigation of the Illinois 
State Police, timely dissemination of intelligence to 
investigators, investigative follow-up, and coordinated 
prosecution.
 (3) The Task Force may recognize and utilize best 
practices of community policing and may develop potential 
partnerships with faith-based and community organizations to 
achieve its goals.
 (4) The Task Force may identify and utilize best practices 
in drug-diversion programs and other community-based services 
to redirect low-level offenders.
 (5) The Task Force may assist in violence suppression 
strategies including, but not limited to, details in 
identified locations that have shown to be the most prone to 
gun violence and violent crime, focused deterrence against 
violent gangs and groups considered responsible for the 
violence in communities, and other intelligence driven methods 
deemed necessary to interrupt cycles of violence or prevent 
retaliation.
 (6) In consultation with the Chief Procurement Officer, 
the Illinois State Police may obtain contracts for software, 
commodities, resources, and equipment to assist the Task Force 
with achieving this Act. Any contracts necessary to support 
the delivery of necessary software, commodities, resources, 
and equipment are not subject to the Illinois Procurement 
Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and 
Article 50 of that Code, provided that the Chief Procurement 
Officer may, in writing with justification, waive any 
certification required under Article 50 of the Illinois 
Procurement Code.
 (7) The Task Force shall conduct enforcement operations

against persons whose Firearm Owner's Identification Cards

have been revoked or suspended and persons who fail to comply

with the requirements of Section 9.5 of the Firearm Owners

Identification Card Act, prioritizing individuals presenting a

clear and present danger to themselves or to others under

paragraph (2) of subsection (d) of Section 8.1 of the Firearm

Owners Identification Card Act.
 (8) The Task Force shall collaborate with local law

enforcement agencies to enforce provisions of the Firearm

Owners Identification Card Act, the Firearm Concealed Carry

Act, the Firearm Dealer License Certification Act, and Article

24 of the Criminal Code of 2012.
 (9) To implement this Section, the Director of the

Illinois State Police may establish intergovernmental

agreements with law enforcement agencies in accordance with 
the
Intergovernmental Cooperation Act.
 (10) Law enforcement agencies that participate in

activities described in paragraphs (7) through (9) may apply

to the Illinois State Police for grants from the State Police

Revocation Enforcement Fund. 

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-4-21.)

 Section 175. The Illinois State Police Act is amended by 
changing Sections 3, 8, 9, 12.6, 12.7, 14, and 46 as follows:




 (20 ILCS 2610/3) (from Ch. 121, par. 307.3)



 Sec. 3. 
The Governor shall appoint, by and with the advice 
and consent of
the Senate, an Illinois State Police Merit 
Board, hereinafter called
the Board, consisting of 7 members 
to hold office. The Governor shall appoint new board members 
within 30 days for the vacancies created under Public Act 
101-652 this amendatory Act. Board members shall be appointed 
to four-year terms. No member shall be appointed to more than 2 
terms. In making the appointments, the Governor shall make a 
good faith effort to appoint members reflecting the 
geographic, ethnic ethic, and cultural diversity of this 
State. In making the appointments, the Governor should also 
consider appointing: persons with professional backgrounds, 
possessing legal, management, personnel, or labor experience; 
at least one member with at least 10 years of experience as a 
licensed physician or clinical psychologist with expertise in 
mental health; and at least one member affiliated
with an 
organization committed commitment to social and economic 
rights and to eliminating discrimination.. No more than 4 
members of the Board shall be affiliated with the
same 
political party. If the Senate is not in session at the time 
initial
appointments are made pursuant to this Section 
section, the Governor shall make
temporary appointments as in 
the case of a vacancy. In order to avoid actual conflicts of 
interest, or the appearance of conflicts of interest, no board 
member shall be a retired or former employee of the Illinois 
State Police. When a Board member may have an actual, 
perceived, or potential conflict of interest that could 
prevent the Board member from making a fair and impartial 
decision on a complaint or formal complaint against an 
Illinois State Police officer, the Board member shall recuse 
himself or herself; or, if If the Board member fails to recuse 
himself or herself, then the Board may, by a simple majority, 
vote to recuse the Board member. 

(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 11-22-21.)




 (20 ILCS 2610/8) (from Ch. 121, par. 307.8)



 Sec. 8. Board jurisdiction.  
 (a) The Board shall exercise jurisdiction over the 
certification for
appointment and promotion, and over the 
discipline, removal, demotion, and
suspension of Illinois 
State Police officers.
The Board and the Illinois State Police 
should also ensure Illinois State Police cadets and officers 
represent the utmost integrity and professionalism and 
represent the geographic, ethnic, and cultural diversity of 
this State. The Board shall also exercise jurisdiction to 
certify and terminate Illinois State Police officers Officers 
in compliance with certification standards consistent with 
Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized

merit principles of public employment, the Board shall 
formulate, adopt,
and put into effect rules, regulations, and 
procedures for its operation
and the transaction of its 
business. The Board shall establish a classification
of ranks 
of persons subject to its jurisdiction and shall set standards

and qualifications for each rank. Each Illinois State Police 
officer
appointed by the Director shall be classified as a 
State Police officer
as follows: trooper, sergeant, master 
sergeant, lieutenant,
captain,
major, or Special
Agent. 

 (b) The Board shall publish all standards and 
qualifications for each rank, including Cadet, on its website. 
This shall include, but not be limited to, all physical 
fitness, medical, visual, and hearing standards. The Illinois 
State Police shall cooperate with the Board by providing any 
necessary information to complete this requirement. 
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-4-21.)




 (20 ILCS 2610/9) (from Ch. 121, par. 307.9)



 Sec. 9. Appointment; qualifications. 

 (a) Except as otherwise provided in this Section, the 
appointment of
Illinois State Police officers shall be made 
from those applicants who
have been certified by the Board as 
being qualified for appointment. All
persons so appointed 
shall, at the time of their appointment, be not less than
21 
years of age, or 20 years of age and have successfully 
completed an associate's degree or 60 credit hours at an 
accredited college or university. Any person
appointed 
subsequent to successful completion of an associate's degree 
or 60 credit hours at an accredited college or university 
shall not have power of arrest, nor shall he or she be 
permitted
to carry firearms, until he or she reaches 21 years 
of age. In addition,
all persons so certified for appointment 
shall be of sound mind and body, be of
good moral character, be 
citizens of the United States, have no criminal
records, 
possess such prerequisites of training, education, and 
experience as
the Board may from time to time prescribe so long 
as persons who have an associate's degree or 60 credit hours at 
an accredited college or university are not disqualified, and 
shall be required to pass
successfully such mental and 
physical tests and examinations as may be
prescribed by the 
Board. All persons who meet one of the following requirements 
are deemed to have met the collegiate educational 
requirements:
  (i) have been honorably discharged and who have been 
 awarded a Southwest Asia Service Medal, Kosovo Campaign 
 Medal, Korean Defense Service Medal, Afghanistan Campaign 
 Medal, Iraq Campaign Medal, or Global War on Terrorism 
 Expeditionary Medal by the United States Armed Forces;
  (ii) are active members of the Illinois National Guard 
 or a reserve component of the United States Armed Forces 
 and who have been awarded a Southwest Asia Service Medal, 
 Kosovo Campaign Medal, Korean Defense Service Medal, 
 Afghanistan Campaign Medal, Iraq Campaign Medal, or Global 
 War on Terrorism Expeditionary Medal as a result of 
 honorable service during deployment on active duty; 
  (iii) have been honorably discharged who served in a 
 combat mission by proof of hostile fire pay or imminent 
 danger pay during deployment on active duty; or
  (iv) have at least 3 years of full active and 
 continuous military duty and received an honorable 
 discharge before hiring.
 Preference shall be given in such appointments to
persons 
who have honorably served in the military or naval services of 
the
United States. All appointees shall serve a probationary 
period of 12 months
from the date of appointment and during 
that period may be discharged at the
will of the Director. 
However, the Director may in his or her sole discretion
extend 
the probationary period of an officer up to an additional 6 
months when
to do so is deemed in the best interest of the 
Illinois State Police. Nothing in this subsection (a) limits 
the Board's ability to prescribe education prerequisites or 
requirements to certify Illinois State Police officers for 
promotion as provided in Section 10 of this Act.

 (b) Notwithstanding the other provisions of this Act, 
after July 1,
1977 and before July 1, 1980, the Director of 
State Police may appoint and
promote not more than 20 persons 
having special qualifications as special
agents as he or she 
deems necessary to carry out the Department's objectives. Any

such appointment or promotion shall be ratified by the Board.

 (c) During the 90 days following March 31, 1995 (the 
effective date of Public Act 89-9) this amendatory Act
of 
1995, the Director of State Police may appoint up to 25 persons 
as State
Police officers. These appointments shall be made in 
accordance with the
requirements of this subsection (c) and 
any additional criteria that may be
established by the 
Director, but are not subject to any other requirements of

this Act. The Director may specify the initial rank for each 
person appointed
under this subsection.

 All appointments under this subsection (c) shall be made 
from personnel
certified by the Board. A person certified by 
the Board and appointed by the
Director under this subsection 
must have been employed by the Illinois Commerce
Commission on 
November 30, 1994 in a job title
subject to the Personnel Code 
and in a position for which the person was
eligible to earn 
"eligible creditable service" as a "noncovered employee", as

those terms are defined in Article 14 of the Illinois Pension 
Code.

 Persons appointed under this subsection (c) shall 
thereafter be subject to
the same requirements and procedures 
as other State police officers. A person
appointed under this 
subsection must serve a probationary period of 12 months
from 
the date of appointment, during which he or she may be 
discharged at the
will of the Director.

 This subsection (c) does not affect or limit the 
Director's authority to
appoint other State Police officers 
under subsection (a) of this Section.
 (d) During the 180 days following January 1, 2022 (the 
effective date of Public Act 101-652) this amendatory Act of 
the 101st General Assembly, the Director of the Illinois State 
Police may appoint current Illinois State Police employees 
Employees serving in law enforcement officer positions 
previously within Central Management Services as State Police 
officers Officers. These appointments shall be made in 
accordance with the requirements of this subsection (d) and 
any institutional criteria that may be established by the 
Director, but are not subject to any other requirements of 
this Act.
All appointments under this subsection (d) shall be 
made from personnel certified by the Board. A person certified 
by the Board and appointed by the Director under this 
subsection must have been employed by the a State state 
agency, board, or commission on January 1, 2021, in a job title 
subject to the Personnel Code and in a position for which the 
person was eligible to earn "eligible creditable service" as a 
"noncovered employee", as those terms are defined in Article 
14 of the Illinois Pension Code.
Persons appointed under this 
subsection (d) shall thereafter be subject to the same 
requirements, and subject to the same contractual benefits and 
obligations, as other State police officers.
This subsection 
(d) does not affect or limit the Director's authority to 
appoint other State Police officers under subsection (a) of 
this Section.
 (e) The Merit Board shall review Illinois State Police 
Cadet applicants. The Illinois State Police may provide 
background check and investigation material to the Board for 
its their review
10
pursuant to this Section section. The 
Board shall approve and ensure that no cadet applicant is 
certified unless the applicant is a person of good character 
and has not been convicted of, or entered a plea of guilty to, 
a felony offense, any of the misdemeanors specified in this 
Section or if committed in any other state would be an offense 
similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 
11-14, 11-14.1, 11-30, 12-2, 12- 3.2, 12-3.5, 16-1, 17-1, 
17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in 
violation of any Section section of Part E of Title III of the 
Criminal Code of 1961 or the Criminal Code of 2012, 32-4a, or 
32-7 of the Criminal Code of 1961 or the Criminal Code of 2012, 
or subsection (a) of Section 17-32 of the Criminal Code of 1961 
or the Criminal Code of 2012, to Section 5 or 5.2 of the 
Cannabis Control Act, or any felony or misdemeanor in 
violation of federal law or the law of any state that is the 
equivalent of any of the offenses specified therein. The 
Officer Professional Conduct Misconduct Database, provided for 
in Section 9.2 of the Illinois Police Training Act, shall be 
searched as part of this process. For purposes of this 
Section, "convicted of, or entered a plea of guilty" 
regardless of whether the adjudication of guilt or sentence is 
withheld or not entered thereon. This includes sentences of 
supervision, conditional discharge, or first offender 
probation, or any similar disposition provided for by law.
 (f) The Board shall by rule establish an application fee 
waiver program for any person who meets one or more of the 
following criteria:
  (1) his or her available personal income is 200% or 
 less of the current poverty level; or
  (2) he or she is, in the discretion of the Board, 
 unable to proceed in an action with payment of application 
 fee and payment of that fee would result in substantial 
 hardship to the person or the person's family. 

(Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22; 
102-538, eff 8-20-21; revised 11-22-21.)


 (20 ILCS 2610/12.6)
 Sec. 12.6. Automatic termination of Illinois State Police 
officers. The Board shall terminate a State state police 
officer convicted of a felony offense under the laws of this 
State or any other state which if committed in this State would 
be punishable as a felony. The Board must also terminate 
Illinois State Police officers who were convicted of, or 
entered a plea of guilty to, on or after the effective date of 
this amendatory Act of the 101st General Assembly, any 
misdemeanor specified in this Section or if committed in any 
other state would be an offense similar to Section 11-1.50, 
11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2, 
12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 
28-3, 29-1, any misdemeanor in violation of any Section 
section of Part E of Title III of the Criminal Code of 1961 or 
the Criminal Code of 2012, 32-4a, or 32-7 of the Criminal Code 
of 1961 or the Criminal Code of 2012, or subsection (a) of 
Section 17-32 of the Criminal Code of 1961 or the Criminal Code 
of 2012, to Section 5 or 5.2 of the Cannabis Control Act, or 
any felony or misdemeanor in violation of federal law or the 
law of any state that is the equivalent of any of the offenses 
specified therein. The Illinois State Police Merit Board shall 
report terminations under this Section to the Officer 
Professional Conduct Misconduct Database, provided in Section 
9.2 of the Illinois Police Training Act. For purposes of this 
Section, section "convicted of, or entered a plea of guilty" 
regardless of whether the adjudication of guilt or sentence is 
withheld or not entered thereon. This includes sentences of 
supervision, conditional discharge, or first offender 
probation, or any similar disposition provided for by law.

(Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)

 (20 ILCS 2610/12.7)
 Sec. 12.7. Discretionary termination of Illinois State 
Police officers.
 (a) Definitions. For purposes of this Section 12.7 6.3:
 "Duty to intervene" means an obligation to intervene to 
prevent harm from occurring that arises when an officer is 
present and has reason to know:
  (1) that excessive force is being used; or
  (2) that any constitutional violation has been 
 committed by a law enforcement official; and the officer 
 has a realistic opportunity to intervene.
 This duty applies equally to supervisory and 
 nonsupervisory officers. If aid is required, the officer 
 shall not, when reasonable to administer aid, knowingly 
 and willingly refuse to render aid as defined by State or 
 federal law. An officer does not violate this duty if the 
 failure to render aid is due to circumstances such as lack 
 of appropriate specialized training, lack of resources or 
 equipment, or both, or if it is unsafe or impracticable to 
 render aid.
 "Excessive use of force" means using force in violation of 
State or federal law.
 "False statement" means:
  (1) any knowingly false statement provided on a form 
 or report;
  (2) that the writer does not believe to be true; and
  (3) that the writer includes to mislead a public 
 servant in performing that public servant's official 
 functions.
 "Perjury" has the meaning as defined under Sections 32-2 
and 32-3 of the Criminal Code of 2012.
 "Tampers with or fabricates evidence" means if a law 
enforcement officer:
  (1) has reason to believe that an official proceeding 
 is pending or may be instituted; and
  (2) alters, destroys, conceals, or removes any record, 
 document, data, video or thing to impair its validity or 
 availability in the proceeding.
 (b) Discretionary termination conduct.
The Board may 
terminate an Illinois State Police officer upon a 
determination by the Board that the Illinois State Police 
officer has:
  (1) committed an act that would constitute a felony or 
 misdemeanor which could serve as basis for automatic 
 decertification, whether or not the law enforcement 
 officer was criminally prosecuted, and whether or not the 
 law enforcement officer's employment was terminated;
  (2) exercised excessive use of force;
  (3) failed to comply with the officer's duty to 
 intervene, including through acts or omission;
  (4) tampered with a dash camera or body-worn camera or 
 data recorded by a dash camera or body-worn camera or 
 directed another to tamper with or turn off a dash camera 
 or body-worn camera or data recorded by a dash camera or 
 body-worn camera for the purpose of concealing, destroying 
 or altering potential evidence;
  (5) engaged in the following conduct relating to the 
 reporting, investigation, or prosecution of a crime: 
 committed perjury, made a false statement, or knowingly 
 tampered with or fabricated evidence;
  (6) engaged in any unprofessional, unethical, 
 deceptive, or deleterious conduct or practice harmful to 
 the public; such conduct or practice need not have 
 resulted in actual injury to any person. As used in this 
 paragraph, the term "unprofessional conduct" shall include 
 any departure from, or failure to conform to, the minimal 
 standards of acceptable and prevailing practice of an 
 officer.
 (c) (b) If an officer enters a plea of guilty, nolo 
contendere, stipulates to the facts or is found guilty of a 
violation of any law, or if there is any other Board or 
judicial determination that will support any punitive measure 
taken against the officer, such action by the officer or 
judicial entity may be considered for the purposes of this 
Section. Termination under this Section shall be by clear and 
convincing evidence. If the Board votes to terminate, the 
Board shall put its decision in writing, setting forth the 
specific reasons for its decision. Final decisions under this 
Section are reviewable under the Administrative Review Law.
 (d) (c) The Illinois State Police Merit Board shall report 
all terminations under this Section to the Officer 
Professional Conduct Misconduct Database, provided in Section 
9.2 of the Illinois Police Training Act.
 (e) (d) Nothing in this Act shall require an Illinois 
State Police officer to waive any applicable constitutional 
rights.
 (f) (e) Nothing in this Section shall prohibit the Merit 
Board from administering discipline up to and including 
termination for violations of Illinois State Police policies 
and procedures pursuant to other Sections sections of this 
Act.

(Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)




 (20 ILCS 2610/14) (from Ch. 121, par. 307.14)



 Sec. 14. Except as is otherwise provided in this Act, no 
Illinois
State Police officer shall be removed, demoted, or 
suspended except for
cause, upon written charges filed with 
the Board by the Director and a hearing
before the Board 
thereon upon not less than 10 days' notice at a place to
be 
designated by the chairman thereof. At such hearing, the 
accused shall
be afforded full opportunity to be heard in his 
or her own defense and
to produce proof in his or her defense. 
It shall not be a requirement of a person filing a complaint 
against a State Police officer Officer to have a complaint 
supported by a sworn affidavit or any other legal 
documentation. This ban on an affidavit requirement shall 
apply to any collective bargaining agreements entered after 
the effective date of this provision.


 Before any such officer may be interrogated or examined by 
or before the
Board, or by an Illinois
State Police agent or 
investigator specifically assigned
to conduct an internal 
investigation, the results of which hearing,
interrogation,
or 
examination may be the basis for filing charges seeking his or 
her
suspension for more than 15 days or his or her removal or 
discharge,
he or she shall be advised in writing as to what 
specific improper or
illegal act he or she is alleged to have 
committed; he or she shall
be advised in writing that his or 
her admissions made in the course
of the hearing, 
interrogation, or examination may be used as the basis for

charges seeking his or her suspension, removal, or discharge; 
and he
or she shall be advised in writing that he or she has a 
right to
counsel of his or her choosing, who may be present to 
advise him or
her at any hearing, interrogation, or 
examination. A complete record of
any hearing, interrogation, 
or examination shall be made, and a complete
transcript or 
electronic recording thereof shall be made available to such

officer without charge and without delay.

 The Board shall have the power to secure by its subpoena

both the attendance and testimony of witnesses and the 
production of books
and papers in support of the charges and 
for the defense. Each member of
the Board or a designated 
hearing officer shall have the power to administer
oaths or 
affirmations. If the charges against an accused are 
established
by a preponderance of evidence, the Board shall 
make a finding of guilty
and order either removal, demotion, 
suspension for a period of not more
than 180 days, or such 
other disciplinary punishment as may be prescribed
by the 
rules and regulations of the Board which, in the opinion of the 
members
thereof, the offense merits. Thereupon the
Director 
shall direct such removal or other punishment as ordered by 
the
Board and if the accused refuses to abide by any such 
disciplinary
order, the Director shall remove him or her 
forthwith.

 If the accused is found not guilty or has served a period 
of suspension
greater than prescribed by the Board, the Board 
shall order that the officer receive compensation for the 
period involved.
The award of compensation shall include 
interest at the rate of 7% per
annum.

 The Board may include in its order appropriate sanctions 
based upon the
Board's rules and regulations. If the Board 
finds that a party has made
allegations or denials without 
reasonable cause or has engaged in frivolous
litigation for 
the purpose of delay or needless increase in the cost of

litigation, it may order that party to pay the other party's 
reasonable
expenses, including costs and reasonable attorney's 
fees. The State of
Illinois and the Illinois
State Police 
shall be subject to these sanctions in the same
manner as other 
parties.

 In case of the neglect or refusal of any person to obey a 
subpoena issued
by the Board, any circuit court, upon 
application
of any member of the Board, may order such person 
to appear before the Board
and give testimony or produce 
evidence, and any failure to obey such order
is punishable by 
the court as a contempt thereof.

 The provisions of the Administrative Review Law, and all 
amendments and
modifications thereof, and the rules adopted 
pursuant thereto, shall apply
to and govern all proceedings 
for the judicial review of any order of the
Board rendered 
pursuant to the provisions of this Section.

 Notwithstanding the provisions of this Section, a policy 
making
officer, as defined in the Employee Rights Violation 
Act, of the Illinois State Police shall be discharged from the 
Illinois State Police as
provided in the Employee Rights 
Violation Act, enacted by the 85th General
Assembly.

(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; 
revised 10-4-21.)


 (20 ILCS 2610/46)
 Sec. 46. Officer Professional Conduct Database; reporting, 
transparency.
 (a) The Illinois State Police Merit Board shall be 
responsible for reporting all required information contained 
in the Officer Professional Conduct Misconduct Database, 
provided in Section 9.2 of the Illinois Police Training Act.
 (b) Before the Illinois State Police Merit Board certifies 
any Illinois State Police Cadet the Board shall conduct a 
search of all Illinois State Police Cadet applicants in the 
Officer Professional Conduct Database.
 (c) The database, documents, materials, or other 
information in the possession or control of the Board that are 
obtained by or disclosed to the Board pursuant to this 
subsection shall be confidential by law and privileged, shall 
not be subject to subpoena, and shall not be subject to 
discovery or admissible in evidence in any private civil 
action. However, the Board is authorized to use such 
documents, materials, or other information in furtherance of 
any regulatory or legal action brought as part of the Board's 
official duties. Unless otherwise required by law, the Board 
shall not disclose the database or make such documents, 
materials, or other information public without the prior 
written consent of the governmental agency and the law 
enforcement officer. The Board nor any person who received 
documents, materials or other information shared pursuant to 
this subsection shall be required to testify in any private 
civil action concerning the database or any confidential 
documents, materials, or information subject to this 
subsection.
 Nothing in this Section shall exempt a governmental agency 
from disclosing public records in accordance with the Freedom 
of Information Act. 

(Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)

 Section 180. The Criminal Identification Act is amended by 
changing Section 5.2 as follows:



 (20 ILCS 2630/5.2)


 Sec. 5.2. Expungement, sealing, and immediate sealing.
 (a) General Provisions.
  (1) Definitions. In this Act, words and phrases have

 the meanings set forth in this subsection, except when a

 particular context clearly requires a different meaning.
   (A) The following terms shall have the meanings 
 ascribed to them in the following Sections of the 
 Unified Code of Corrections, 730 ILCS 5/5-1-2 through 
 5/5-1-22:
    (i) Business Offense, Section 5-1-2. (730 ILCS 
 5/5-1-2),
    (ii) Charge, Section 5-1-3. (730 ILCS 
 5/5-1-3),
    (iii) Court, Section 5-1-6. (730 ILCS 
 5/5-1-6),
    (iv) Defendant, Section 5-1-7. (730 ILCS 
 5/5-1-7),
    (v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),
    (vi) Imprisonment, Section 5-1-10. (730 ILCS 
 5/5-1-10),
    (vii) Judgment, Section 5-1-12. (730 ILCS 
 5/5-1-12),
    (viii) Misdemeanor, Section 5-1-14. (730 ILCS 
 5/5-1-14),
    (ix) Offense, Section 5-1-15. (730 ILCS 
 5/5-1-15),
    (x) Parole, Section 5-1-16. (730 ILCS 
 5/5-1-16),
    (xi) Petty Offense, Section 5-1-17. (730 ILCS 
 5/5-1-17),
    (xii) Probation, Section 5-1-18. (730 ILCS 
 5/5-1-18),
    (xiii) Sentence, Section 5-1-19. (730 ILCS 
 5/5-1-19),
    (xiv) Supervision, Section 5-1-21. (730 ILCS 
 5/5-1-21), and
    (xv) Victim, Section 5-1-22. (730 ILCS 
 5/5-1-22).
   (B) As used in this Section, "charge not initiated 
 by arrest" means a charge (as defined by Section 5-1-3 
 of the Unified Code of Corrections 730 ILCS 5/5-1-3) 
 brought against a defendant where the defendant is not 
 arrested prior to or as a direct result of the charge.
   (C) "Conviction" means a judgment of conviction or 
 sentence entered upon a plea of guilty or upon a 
 verdict or finding of guilty of an offense, rendered 
 by a legally constituted jury or by a court of 
 competent jurisdiction authorized to try the case 
 without a jury. An order of supervision successfully 
 completed by the petitioner is not a conviction. An 
 order of qualified probation (as defined in subsection 
 (a)(1)(J)) successfully completed by the petitioner is 
 not a conviction. An order of supervision or an order 
 of qualified probation that is terminated 
 unsatisfactorily is a conviction, unless the 
 unsatisfactory termination is reversed, vacated, or 
 modified and the judgment of conviction, if any, is 
 reversed or vacated.
   (D) "Criminal offense" means a petty offense, 
 business offense, misdemeanor, felony, or municipal 
 ordinance violation (as defined in subsection 
 (a)(1)(H)). As used in this Section, a minor traffic 
 offense (as defined in subsection (a)(1)(G)) shall not 
 be considered a criminal offense.
   (E) "Expunge" means to physically destroy the 
 records or return them to the petitioner and to 
 obliterate the petitioner's name from any official 
 index or public record, or both. Nothing in this Act 
 shall require the physical destruction of the circuit 
 court file, but such records relating to arrests or 
 charges, or both, ordered expunged shall be impounded 
 as required by subsections (d)(9)(A)(ii) and 
 (d)(9)(B)(ii).
   (F) As used in this Section, "last sentence" means 
 the sentence, order of supervision, or order of 
 qualified probation (as defined by subsection 
 (a)(1)(J)), for a criminal offense (as defined by 
 subsection (a)(1)(D)) that terminates last in time in 
 any jurisdiction, regardless of whether the petitioner 
 has included the criminal offense for which the 
 sentence or order of supervision or qualified 
 probation was imposed in his or her petition. If 
 multiple sentences, orders of supervision, or orders 
 of qualified probation terminate on the same day and 
 are last in time, they shall be collectively 
 considered the "last sentence" regardless of whether 
 they were ordered to run concurrently.
   (G) "Minor traffic offense" means a petty offense, 
 business offense, or Class C misdemeanor under the 
 Illinois Vehicle Code or a similar provision of a 
 municipal or local ordinance.
   (G-5) "Minor Cannabis Offense" means a violation 
 of Section 4 or 5 of the Cannabis Control Act 
 concerning not more than 30 grams of any substance 
 containing cannabis, provided the violation did not 
 include a penalty enhancement under Section 7 of the 
 Cannabis Control Act and is not associated with an 
 arrest, conviction or other disposition for a violent 
 crime as defined in subsection (c) of Section 3 of the 
 Rights of Crime Victims and Witnesses Act. 
   (H) "Municipal ordinance violation" means an 
 offense defined by a municipal or local ordinance that 
 is criminal in nature and with which the petitioner 
 was charged or for which the petitioner was arrested 
 and released without charging.
   (I) "Petitioner" means an adult or a minor 
 prosecuted as an
adult who has applied for relief 
 under this Section.
   (J) "Qualified probation" means an order of 
 probation under Section 10 of the Cannabis Control 
 Act, Section 410 of the Illinois Controlled Substances 
 Act, Section 70 of the Methamphetamine Control and 
 Community Protection Act, Section 5-6-3.3 or 5-6-3.4 
 of the Unified Code of Corrections, Section 
 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as 
 those provisions existed before their deletion by 
 Public Act 89-313), Section 10-102 of the Illinois 
 Alcoholism and Other Drug Dependency Act, Section 
 40-10 of the Substance Use Disorder Act, or Section 10 
 of the Steroid Control Act. For the purpose of this 
 Section, "successful completion" of an order of 
 qualified probation under Section 10-102 of the 
 Illinois Alcoholism and Other Drug Dependency Act and 
 Section 40-10 of the Substance Use Disorder Act means 
 that the probation was terminated satisfactorily and 
 the judgment of conviction was vacated.
   (K) "Seal" means to physically and electronically 
 maintain the records, unless the records would 
 otherwise be destroyed due to age, but to make the 
 records unavailable without a court order, subject to 
 the exceptions in Sections 12 and 13 of this Act. The 
 petitioner's name shall also be obliterated from the 
 official index required to be kept by the circuit 
 court clerk under Section 16 of the Clerks of Courts 
 Act, but any index issued by the circuit court clerk 
 before the entry of the order to seal shall not be 
 affected.
   (L) "Sexual offense committed against a minor" 
 includes, but is
not limited to, the offenses of 
 indecent solicitation of a child
or criminal sexual 
 abuse when the victim of such offense is
under 18 years 
 of age.
   (M) "Terminate" as it relates to a sentence or 
 order of supervision or qualified probation includes 
 either satisfactory or unsatisfactory termination of 
 the sentence, unless otherwise specified in this 
 Section. A sentence is terminated notwithstanding any 
 outstanding financial legal obligation. 
  (2) Minor Traffic Offenses.
Orders of supervision or 
 convictions for minor traffic offenses shall not affect a 
 petitioner's eligibility to expunge or seal records 
 pursuant to this Section.
  (2.5) Commencing 180 days after July 29, 2016 (the 
 effective date of Public Act 99-697), the law enforcement 
 agency issuing the citation shall automatically expunge, 
 on or before January 1 and July 1 of each year, the law 
 enforcement records of a person found to have committed a 
 civil law violation of subsection (a) of Section 4 of the 
 Cannabis Control Act or subsection (c) of Section 3.5 of 
 the Drug Paraphernalia Control Act in the law enforcement 
 agency's possession or control and which contains the 
 final satisfactory disposition which pertain to the person 
 issued a citation for that offense.
The law enforcement 
 agency shall provide by rule the process for access, 
 review, and to confirm the automatic expungement by the 
 law enforcement agency issuing the citation.
Commencing 
 180 days after July 29, 2016 (the effective date of Public 
 Act 99-697), the clerk of the circuit court shall expunge, 
 upon order of the court, or in the absence of a court order 
 on or before January 1 and July 1 of each year, the court 
 records of a person found in the circuit court to have 
 committed a civil law violation of subsection (a) of 
 Section 4 of the Cannabis Control Act or subsection (c) of 
 Section 3.5 of the Drug Paraphernalia Control Act in the 
 clerk's possession or control and which contains the final 
 satisfactory disposition which pertain to the person 
 issued a citation for any of those offenses. 
  (3) Exclusions. Except as otherwise provided in 
 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) 
 of this Section, the court shall not order:
   (A) the sealing or expungement of the records of 
 arrests or charges not initiated by arrest that result 
 in an order of supervision for or conviction of:
(i) 
 any sexual offense committed against a
minor; (ii) 
 Section 11-501 of the Illinois Vehicle Code or a 
 similar provision of a local ordinance; or (iii) 
 Section 11-503 of the Illinois Vehicle Code or a 
 similar provision of a local ordinance, unless the 
 arrest or charge is for a misdemeanor violation of 
 subsection (a) of Section 11-503 or a similar 
 provision of a local ordinance, that occurred prior to 
 the offender reaching the age of 25 years and the 
 offender has no other conviction for violating Section 
 11-501 or 11-503 of the Illinois Vehicle Code or a 
 similar provision of a local ordinance.
   (B) the sealing or expungement of records of minor 
 traffic offenses (as defined in subsection (a)(1)(G)), 
 unless the petitioner was arrested and released 
 without charging.
   (C) the sealing of the records of arrests or 
 charges not initiated by arrest which result in an 
 order of supervision or a conviction for the following 
 offenses:
    (i) offenses included in Article 11 of the 
 Criminal Code of 1961 or the Criminal Code of 2012 
 or a similar provision of a local ordinance, 
 except Section 11-14 and a misdemeanor violation 
 of Section 11-30 of the Criminal Code of 1961 or 
 the Criminal Code of 2012, or a similar provision 
 of a local ordinance;
    (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 
 26-5, or 48-1 of the Criminal Code of 1961 or the 
 Criminal Code of 2012, or a similar provision of a 
 local ordinance;
    (iii) Sections 12-3.1 or 12-3.2 of the 
 Criminal Code of 1961 or the Criminal Code of 
 2012, or Section 125 of the Stalking No Contact 
 Order Act, or Section 219 of the Civil No Contact 
 Order Act, or a similar provision of a local 
 ordinance;
    (iv) Class A misdemeanors or felony offenses 
 under the Humane Care for Animals Act; or
    (v) any offense or attempted offense that 
 would subject a person to registration under the 
 Sex Offender Registration Act.
   (D) (blank).
 (b) Expungement.
  (1) A petitioner may petition the circuit court to 
 expunge the
records of his or her arrests and charges not 
 initiated by arrest when each arrest or charge not 
 initiated by arrest
sought to be expunged resulted in:
(i) 
 acquittal, dismissal, or the petitioner's release without 
 charging, unless excluded by subsection (a)(3)(B);
(ii) a 
 conviction which was vacated or reversed, unless excluded 
 by subsection (a)(3)(B);
(iii) an order of supervision and 
 such supervision was successfully completed by the 
 petitioner, unless excluded by subsection (a)(3)(A) or 
 (a)(3)(B); or
(iv) an order of qualified probation (as 
 defined in subsection (a)(1)(J)) and such probation was 
 successfully completed by the petitioner.
  (1.5) When a petitioner seeks to have a record of 
 arrest expunged under this Section, and the offender has 
 been convicted of a criminal offense, the State's Attorney 
 may object to the expungement on the grounds that the 
 records contain specific relevant information aside from 
 the mere fact of the arrest. 
  (2) Time frame for filing a petition to expunge.
   (A) When the arrest or charge not initiated by 
 arrest sought to be expunged resulted in an acquittal, 
 dismissal, the petitioner's release without charging, 
 or the reversal or vacation of a conviction, there is 
 no waiting period to petition for the expungement of 
 such records.
   (B) When the arrest or charge not initiated by 
 arrest
sought to be expunged resulted in an order of 
 supervision, successfully
completed by the petitioner, 
 the following time frames will apply:
    (i) Those arrests or charges that resulted in 
 orders of
supervision under Section 3-707, 3-708, 
 3-710, or 5-401.3 of the Illinois Vehicle Code or 
 a similar provision of a local ordinance, or under 
 Section 11-1.50, 12-3.2, or 12-15 of the Criminal 
 Code of 1961 or the Criminal Code of 2012, or a 
 similar provision of a local ordinance, shall not 
 be eligible for expungement until 5 years have 
 passed following the satisfactory termination of 
 the supervision.
    (i-5) Those arrests or charges that resulted 
 in orders of supervision for a misdemeanor 
 violation of subsection (a) of Section 11-503 of 
 the Illinois Vehicle Code or a similar provision 
 of a local ordinance, that occurred prior to the 
 offender reaching the age of 25 years and the 
 offender has no other conviction for violating 
 Section 11-501 or 11-503 of the Illinois Vehicle 
 Code or a similar provision of a local ordinance 
 shall not be eligible for expungement until the 
 petitioner has reached the age of 25 years. 
    (ii) Those arrests or charges that resulted in 
 orders
of supervision for any other offenses shall 
 not be
eligible for expungement until 2 years have 
 passed
following the satisfactory termination of 
 the supervision.
   (C) When the arrest or charge not initiated by 
 arrest sought to
be expunged resulted in an order of 
 qualified probation, successfully
completed by the 
 petitioner, such records shall not be eligible for

 expungement until 5 years have passed following the 
 satisfactory
termination of the probation.
  (3) Those records maintained by the Illinois State 
 Police Department for
persons arrested prior to their 17th 
 birthday shall be
expunged as provided in Section 5-915 of 
 the Juvenile Court
Act of 1987.
  (4) Whenever a person has been arrested for or 
 convicted of any
offense, in the name of a person whose 
 identity he or she has stolen or otherwise
come into 
 possession of, the aggrieved person from whom the identity

 was stolen or otherwise obtained without authorization,

 upon learning of the person having been arrested using his

 or her identity, may, upon verified petition to the chief 
 judge of
the circuit wherein the arrest was made, have a 
 court order
entered nunc pro tunc by the Chief Judge to 
 correct the
arrest record, conviction record, if any, and 
 all official
records of the arresting authority, the 
 Illinois State Police Department, other
criminal justice 
 agencies, the prosecutor, and the trial
court concerning 
 such arrest, if any, by removing his or her name
from all 
 such records in connection with the arrest and
conviction, 
 if any, and by inserting in the records the
name of the 
 offender, if known or ascertainable, in lieu of
the 
 aggrieved's name. The records of the circuit court clerk 
 shall be sealed until further order of
the court upon good 
 cause shown and the name of the
aggrieved person 
 obliterated on the official index
required to be kept by 
 the circuit court clerk under
Section 16 of the Clerks of 
 Courts Act, but the order shall
not affect any index 
 issued by the circuit court clerk
before the entry of the 
 order. Nothing in this Section
shall limit the Illinois 
 Department of State Police or other
criminal justice 
 agencies or prosecutors from listing
under an offender's 
 name the false names he or she has
used.
  (5) Whenever a person has been convicted of criminal

 sexual assault, aggravated criminal sexual assault,

 predatory criminal sexual assault of a child, criminal

 sexual abuse, or aggravated criminal sexual abuse, the

 victim of that offense may request that the State's

 Attorney of the county in which the conviction occurred

 file a verified petition with the presiding trial judge at

 the petitioner's trial to have a court order entered to 
 seal
the records of the circuit court clerk in connection

 with the proceedings of the trial court concerning that

 offense. However, the records of the arresting authority

 and the Illinois Department of State Police concerning the 
 offense
shall not be sealed. The court, upon good cause 
 shown,
shall make the records of the circuit court clerk 
 in
connection with the proceedings of the trial court

 concerning the offense available for public inspection.
  (6) If a conviction has been set aside on direct 
 review
or on collateral attack and the court determines by 
 clear
and convincing evidence that the petitioner was 
 factually
innocent of the charge, the court that finds the 
 petitioner factually innocent of the charge shall enter an

 expungement order for the conviction for which the 
 petitioner has been determined to be innocent as provided 
 in subsection (b) of Section
5-5-4 of the Unified Code of 
 Corrections.
  (7) Nothing in this Section shall prevent the Illinois 
 Department of
State Police from maintaining all records of 
 any person who
is admitted to probation upon terms and 
 conditions and who
fulfills those terms and conditions 
 pursuant to Section 10
of the Cannabis Control Act, 
 Section 410 of the Illinois
Controlled Substances Act, 
 Section 70 of the
Methamphetamine Control and Community 
 Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified 
 Code of Corrections, Section 12-4.3 or subdivision (b)(1) 
 of Section 12-3.05 of the Criminal Code of 1961 or the 
 Criminal Code of 2012, Section 10-102
of the Illinois 
 Alcoholism and Other Drug Dependency Act,
Section 40-10 of 
 the Substance Use Disorder Act, or Section 10 of the 
 Steroid Control Act.
  (8) If the petitioner has been granted a certificate 
 of innocence under Section 2-702 of the Code of Civil 
 Procedure, the court that grants the certificate of 
 innocence shall also enter an order expunging the 
 conviction for which the petitioner has been determined to 
 be innocent as provided in subsection (h) of Section 2-702 
 of the Code of Civil Procedure.
 (c) Sealing.
  (1) Applicability. Notwithstanding any other provision 
 of this Act to the contrary, and cumulative with any 
 rights to expungement of criminal records, this subsection 
 authorizes the sealing of criminal records of adults and 
 of minors prosecuted as adults. Subsection (g) of this 
 Section provides for immediate sealing of certain records. 
  (2) Eligible Records. The following records may be 
 sealed:
   (A) All arrests resulting in release without 
 charging;
   (B) Arrests or charges not initiated by arrest 
 resulting in acquittal, dismissal, or conviction when 
 the conviction was reversed or vacated, except as 
 excluded by subsection (a)(3)(B);
   (C) Arrests or charges not initiated by arrest 
 resulting in orders of supervision, including orders 
 of supervision for municipal ordinance violations, 
 successfully completed by the petitioner, unless 
 excluded by subsection (a)(3);
   (D) Arrests or charges not initiated by arrest 
 resulting in convictions, including convictions on 
 municipal ordinance violations, unless excluded by 
 subsection (a)(3);
   (E) Arrests or charges not initiated by arrest 
 resulting in orders of first offender probation under 
 Section 10 of the Cannabis Control Act, Section 410 of 
 the Illinois Controlled Substances Act, Section 70 of 
 the Methamphetamine Control and Community Protection 
 Act, or Section 5-6-3.3 of the Unified Code of 
 Corrections; and
   (F) Arrests or charges not initiated by arrest 
 resulting in felony convictions unless otherwise 
 excluded by subsection (a) paragraph (3) of this 
 Section.
  (3) When Records Are Eligible to Be Sealed. Records 
 identified as eligible under subsection (c)(2) may be 
 sealed as follows:
   (A) Records identified as eligible under 
 subsection (c)(2)(A) and (c)(2)(B) may be sealed at 
 any time.
   (B) Except as otherwise provided in subparagraph 
 (E) of this paragraph (3), records identified as 
 eligible under subsection (c)(2)(C) may be sealed
2 
 years after the termination of petitioner's last 
 sentence (as defined in subsection (a)(1)(F)).
   (C) Except as otherwise provided in subparagraph 
 (E) of this paragraph (3), records identified as 
 eligible under subsections (c)(2)(D), (c)(2)(E), and 
 (c)(2)(F) may be sealed 3 years after the termination 
 of the petitioner's last sentence (as defined in 
 subsection (a)(1)(F)). Convictions requiring public 
 registration under the Arsonist Registration Act, the 
 Sex Offender Registration Act, or the Murderer and 
 Violent Offender Against Youth Registration Act may 
 not be sealed until the petitioner is no longer 
 required to register under that relevant Act.
   (D) Records identified in subsection 
 (a)(3)(A)(iii) may be sealed after the petitioner has 
 reached the age of 25 years. 
   (E) Records identified as eligible under 
 subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or 
 (c)(2)(F) may be sealed upon termination of the 
 petitioner's last sentence if the petitioner earned a 
 high school diploma, associate's degree, career 
 certificate, vocational technical certification, or 
 bachelor's degree, or passed the high school level 
 Test of General Educational Development, during the 
 period of his or her sentence or mandatory supervised 
 release. This subparagraph shall apply only to a 
 petitioner who has not completed the same educational 
 goal prior to the period of his or her sentence or 
 mandatory supervised release. If a petition for 
 sealing eligible records filed under this subparagraph 
 is denied by the court, the time periods under 
 subparagraph (B) or (C) shall apply to any subsequent 
 petition for sealing filed by the petitioner.
  (4) Subsequent felony convictions. A person may not 
 have
subsequent felony conviction records sealed as 
 provided in this subsection
(c) if he or she is convicted 
 of any felony offense after the date of the
sealing of 
 prior felony convictions as provided in this subsection 
 (c). The court may, upon conviction for a subsequent 
 felony offense, order the unsealing of prior felony 
 conviction records previously ordered sealed by the court.
  (5) Notice of eligibility for sealing. Upon entry of a 
 disposition for an eligible record under this subsection 
 (c), the petitioner shall be informed by the court of the 
 right to have the records sealed and the procedures for 
 the sealing of the records.
 (d) Procedure. The following procedures apply to 
expungement under subsections (b), (e), and (e-6) and sealing 
under subsections (c) and (e-5):
  (1) Filing the petition. Upon becoming eligible to 
 petition for
the expungement or sealing of records under 
 this Section, the petitioner shall file a petition 
 requesting the expungement
or sealing of records with the 
 clerk of the court where the arrests occurred or the 
 charges were brought, or both. If arrests occurred or 
 charges were brought in multiple jurisdictions, a petition 
 must be filed in each such jurisdiction. The petitioner 
 shall pay the applicable fee, except no fee shall be 
 required if the petitioner has obtained a court order 
 waiving fees under Supreme Court Rule 298 or it is 
 otherwise waived.
  (1.5) County fee waiver pilot program.
From August 9, 
 2019 (the effective date of Public Act 101-306) through 
 December 31, 2020, in a county of 3,000,000 or more 
 inhabitants, no fee shall be required to be paid by a 
 petitioner if the records sought to be expunged or sealed 
 were arrests resulting in release without charging or 
 arrests or charges not initiated by arrest resulting in 
 acquittal, dismissal, or conviction when the conviction 
 was reversed or vacated, unless excluded by subsection 
 (a)(3)(B). The provisions of this paragraph (1.5), other 
 than this sentence, are inoperative on and after January 
 1, 2022. 
  (2) Contents of petition. The petition shall be

 verified and shall contain the petitioner's name, date of

 birth, current address and, for each arrest or charge not 
 initiated by
arrest sought to be sealed or expunged, the 
 case number, the date of
arrest (if any), the identity of 
 the arresting authority, and such
other information as the 
 court may require. During the pendency
of the proceeding, 
 the petitioner shall promptly notify the
circuit court 
 clerk of any change of his or her address. If the 
 petitioner has received a certificate of eligibility for 
 sealing from the Prisoner Review Board under paragraph 
 (10) of subsection (a) of Section 3-3-2 of the Unified 
 Code of Corrections, the certificate shall be attached to 
 the petition.
  (3) Drug test. The petitioner must attach to the 
 petition proof that the petitioner has passed a test taken 
 within 30 days before the filing of the petition showing 
 the absence within his or her body of all illegal 
 substances as defined by the Illinois Controlled 
 Substances Act, the Methamphetamine Control and Community 
 Protection Act, and the Cannabis Control Act if he or she 
 is petitioning to:
   (A) seal felony records under clause (c)(2)(E);
   (B) seal felony records for a violation of the 
 Illinois Controlled Substances Act, the 
 Methamphetamine Control and Community Protection Act, 
 or the Cannabis Control Act under clause (c)(2)(F);
   (C) seal felony records under subsection (e-5); or 
   (D) expunge felony records of a qualified 
 probation under clause (b)(1)(iv).
  (4) Service of petition. The circuit court clerk shall 
 promptly
serve a copy of the petition and documentation to 
 support the petition under subsection (e-5) or (e-6) on 
 the State's Attorney or
prosecutor charged with the duty 
 of prosecuting the
offense, the Illinois Department of 
 State Police, the arresting
agency and the chief legal 
 officer of the unit of local
government effecting the 
 arrest.
  (5) Objections.
   (A) Any party entitled to notice of the petition 
 may file an objection to the petition. All objections 
 shall be in writing, shall be filed with the circuit 
 court clerk, and shall state with specificity the 
 basis of the objection. Whenever a person who has been 
 convicted of an offense is granted
a pardon by the 
 Governor which specifically authorizes expungement, an 
 objection to the petition may not be filed.
   (B) Objections to a petition to expunge or seal 
 must be filed within 60 days of the date of service of 
 the petition.
  (6) Entry of order.
   (A) The Chief Judge of the circuit wherein the 
 charge was brought, any judge of that circuit 
 designated by the Chief Judge, or in counties of less 
 than 3,000,000 inhabitants, the presiding trial judge 
 at the petitioner's trial, if any, shall rule on the 
 petition to expunge or seal as set forth in this 
 subsection (d)(6).
   (B) Unless the State's Attorney or prosecutor, the 
 Illinois Department of
State Police, the arresting 
 agency, or the chief legal officer
files an objection 
 to the petition to expunge or seal within 60 days from 
 the date of service of the petition, the court shall 
 enter an order granting or denying the petition.
   (C) Notwithstanding any other provision of law, 
 the court shall not deny a petition for sealing under 
 this Section because the petitioner has not satisfied 
 an outstanding legal financial obligation established, 
 imposed, or originated by a court, law enforcement 
 agency, or a municipal, State, county, or other unit 
 of local government, including, but not limited to, 
 any cost, assessment, fine, or fee. An outstanding 
 legal financial obligation does not include any court 
 ordered restitution to a victim under Section 5-5-6 of 
 the Unified Code of Corrections, unless the 
 restitution has been converted to a civil judgment. 
 Nothing in this subparagraph (C) waives, rescinds, or 
 abrogates a legal financial obligation or otherwise 
 eliminates or affects the right of the holder of any 
 financial obligation to pursue collection under 
 applicable federal, State, or local law. 
  (7) Hearings. If an objection is filed, the court 
 shall set a date for a hearing and notify the petitioner 
 and all parties entitled to notice of the petition of the 
 hearing date at least 30 days prior to the hearing. Prior 
 to the hearing, the State's Attorney shall consult with 
 the Illinois State Police Department as to the 
 appropriateness of the relief sought in the petition to 
 expunge or seal. At the hearing, the court shall hear 
 evidence on whether the petition should or should not be 
 granted, and shall grant or deny the petition to expunge 
 or seal the records based on the evidence presented at the 
 hearing. The court may consider the following:
   (A) the strength of the evidence supporting the 
 defendant's conviction; 
   (B) the reasons for retention of the conviction 
 records by the State; 
   (C) the petitioner's age, criminal record history, 
 and employment history; 
   (D) the period of time between the petitioner's 
 arrest on the charge resulting in the conviction and 
 the filing of the petition under this Section; and 
   (E) the specific adverse consequences the 
 petitioner may be subject to if the petition is 
 denied. 
  (8) Service of order. After entering an order to 
 expunge or
seal records, the court must provide copies of 
 the order to the
Illinois State Police Department, in a 
 form and manner prescribed by the Illinois State Police 
 Department,
to the petitioner, to the State's Attorney or 
 prosecutor
charged with the duty of prosecuting the 
 offense, to the
arresting agency, to the chief legal 
 officer of the unit of
local government effecting the 
 arrest, and to such other
criminal justice agencies as may 
 be ordered by the court.
  (9) Implementation of order.
   (A) Upon entry of an order to expunge records 
 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or 
 both:
    (i) the records shall be expunged (as defined 
 in subsection (a)(1)(E)) by the arresting agency, 
 the Illinois State Police Department, and any 
 other agency as ordered by the court, within 60 
 days of the date of service of the order, unless a 
 motion to vacate, modify, or reconsider the order 
 is filed pursuant to paragraph (12) of subsection 
 (d) of this Section;
    (ii) the records of the circuit court clerk 
 shall be impounded until further order of the 
 court upon good cause shown and the name of the 
 petitioner obliterated on the official index 
 required to be kept by the circuit court clerk 
 under Section 16 of the Clerks of Courts Act, but 
 the order shall not affect any index issued by the 
 circuit court clerk before the entry of the order; 
 and
    (iii) in response to an inquiry for expunged 
 records, the court, the Illinois State Police 
 Department, or the agency receiving such inquiry, 
 shall reply as it does in response to inquiries 
 when no records ever existed.
   (B) Upon entry of an order to expunge records 
 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or 
 both:
    (i) the records shall be expunged (as defined 
 in subsection (a)(1)(E)) by the arresting agency 
 and any other agency as ordered by the court, 
 within 60 days of the date of service of the order, 
 unless a motion to vacate, modify, or reconsider 
 the order is filed pursuant to paragraph (12) of 
 subsection (d) of this Section;
    (ii) the records of the circuit court clerk 
 shall be impounded until further order of the 
 court upon good cause shown and the name of the 
 petitioner obliterated on the official index 
 required to be kept by the circuit court clerk 
 under Section 16 of the Clerks of Courts Act, but 
 the order shall not affect any index issued by the 
 circuit court clerk before the entry of the order;
    (iii) the records shall be impounded by the

 Illinois State Police Department within 60 days of 
 the date of service of the order as ordered by the 
 court, unless a motion to vacate, modify, or 
 reconsider the order is filed pursuant to 
 paragraph (12) of subsection (d) of this Section;
    (iv) records impounded by the Illinois State 
 Police Department may be disseminated by the 
 Illinois State Police Department only as required 
 by law or to the arresting authority, the State's 
 Attorney, and the court upon a later arrest for 
 the same or a similar offense or for the purpose of 
 sentencing for any subsequent felony, and to the 
 Department of Corrections upon conviction for any 
 offense; and
    (v) in response to an inquiry for such records 
 from anyone not authorized by law to access such 
 records, the court, the Illinois State Police 
 Department, or the agency receiving such inquiry 
 shall reply as it does in response to inquiries 
 when no records ever existed.
   (B-5) Upon entry of an order to expunge records 
 under subsection (e-6):
    (i) the records shall be expunged (as defined 
 in subsection (a)(1)(E)) by the arresting agency 
 and any other agency as ordered by the court, 
 within 60 days of the date of service of the order, 
 unless a motion to vacate, modify, or reconsider 
 the order is filed under paragraph (12) of 
 subsection (d) of this Section;
    (ii) the records of the circuit court clerk 
 shall be impounded until further order of the 
 court upon good cause shown and the name of the 
 petitioner obliterated on the official index 
 required to be kept by the circuit court clerk 
 under Section 16 of the Clerks of Courts Act, but 
 the order shall not affect any index issued by the 
 circuit court clerk before the entry of the order;
    (iii) the records shall be impounded by the

 Illinois State Police Department within 60 days of 
 the date of service of the order as ordered by the 
 court, unless a motion to vacate, modify, or 
 reconsider the order is filed under paragraph (12) 
 of subsection (d) of this Section;
    (iv) records impounded by the Illinois State 
 Police Department may be disseminated by the 
 Illinois State Police Department only as required 
 by law or to the arresting authority, the State's 
 Attorney, and the court upon a later arrest for 
 the same or a similar offense or for the purpose of 
 sentencing for any subsequent felony, and to the 
 Department of Corrections upon conviction for any 
 offense; and
    (v) in response to an inquiry for these 
 records from anyone not authorized by law to 
 access the records, the court, the Illinois State 
 Police Department, or the agency receiving the 
 inquiry shall reply as it does in response to 
 inquiries when no records ever existed. 
   (C) Upon entry of an order to seal records under 
 subsection
(c), the arresting agency, any other agency 
 as ordered by the court, the Illinois State Police 
 Department, and the court shall seal the records (as 
 defined in subsection (a)(1)(K)). In response to an 
 inquiry for such records, from anyone not authorized 
 by law to access such records, the court, the Illinois 
 State Police Department, or the agency receiving such 
 inquiry shall reply as it does in response to 
 inquiries when no records ever existed.
   (D) The Illinois State Police Department shall 
 send written notice to the petitioner of its 
 compliance with each order to expunge or seal records 
 within 60 days of the date of service of that order or, 
 if a motion to vacate, modify, or reconsider is filed, 
 within 60 days of service of the order resolving the 
 motion, if that order requires the Illinois State 
 Police Department to expunge or seal records. In the 
 event of an appeal from the circuit court order, the 
 Illinois State Police Department shall send written 
 notice to the petitioner of its compliance with an 
 Appellate Court or Supreme Court judgment to expunge 
 or seal records within 60 days of the issuance of the 
 court's mandate. The notice is not required while any 
 motion to vacate, modify, or reconsider, or any appeal 
 or petition for discretionary appellate review, is 
 pending. 
   (E) Upon motion, the court may order that a sealed 
 judgment or other court record necessary to 
 demonstrate the amount of any legal financial 
 obligation due and owing be made available for the 
 limited purpose of collecting any legal financial 
 obligations owed by the petitioner that were 
 established, imposed, or originated in the criminal 
 proceeding for which those records have been sealed. 
 The records made available under this subparagraph (E) 
 shall not be entered into the official index required 
 to be kept by the circuit court clerk under Section 16 
 of the Clerks of Courts Act and shall be immediately 
 re-impounded upon the collection of the outstanding 
 financial obligations. 
   (F) Notwithstanding any other provision of this 
 Section, a circuit court clerk may access a sealed 
 record for the limited purpose of collecting payment 
 for any legal financial obligations that were 
 established, imposed, or originated in the criminal 
 proceedings for which those records have been sealed. 
  (10) Fees. The Illinois State Police Department may 
 charge the petitioner a fee equivalent to the cost of 
 processing any order to expunge or seal records. 
 Notwithstanding any provision of the Clerks of Courts Act 
 to the contrary, the circuit court clerk may charge a fee 
 equivalent to the cost associated with the sealing or 
 expungement of records by the circuit court clerk. From 
 the total filing fee collected for the petition to seal or 
 expunge, the circuit court clerk shall deposit $10 into 
 the Circuit Court Clerk Operation and Administrative Fund, 
 to be used to offset the costs incurred by the circuit 
 court clerk in performing the additional duties required 
 to serve the petition to seal or expunge on all parties. 
 The circuit court clerk shall collect and remit the 
 Illinois Department of State Police portion of the fee to 
 the State Treasurer and it shall be deposited in the State 
 Police Services Fund. If the record brought under an 
 expungement petition was previously sealed under this 
 Section, the fee for the expungement petition for that 
 same record shall be waived. 
  (11) Final Order. No court order issued under the 
 expungement or sealing provisions of this Section shall 
 become final for purposes of appeal until 30 days after 
 service of the order on the petitioner and all parties 
 entitled to notice of the petition.
  (12) Motion to Vacate, Modify, or Reconsider. Under 
 Section 2-1203 of the Code of Civil Procedure, the 
 petitioner or any party entitled to notice may file a 
 motion to vacate, modify, or reconsider the order granting 
 or denying the petition to expunge or seal within 60 days 
 of service of the order. If filed more than 60 days after 
 service of the order, a petition to vacate, modify, or 
 reconsider shall comply with subsection (c) of Section 
 2-1401 of the Code of Civil Procedure. Upon filing of a 
 motion to vacate, modify, or reconsider, notice of the 
 motion shall be served upon the petitioner and all parties 
 entitled to notice of the petition. 
  (13) Effect of Order. An order granting a petition 
 under the expungement or sealing provisions of this 
 Section shall not be considered void because it fails to 
 comply with the provisions of this Section or because of 
 any error asserted in a motion to vacate, modify, or 
 reconsider. The circuit court retains jurisdiction to 
 determine whether the order is voidable and to vacate, 
 modify, or reconsider its terms based on a motion filed 
 under paragraph (12) of this subsection (d).
  (14) Compliance with Order Granting Petition to Seal 
 Records. Unless a court has entered a stay of an order 
 granting a petition to seal, all parties entitled to 
 notice of the petition must fully comply with the terms of 
 the order within 60 days of service of the order even if a 
 party is seeking relief from the order through a motion 
 filed under paragraph (12) of this subsection (d) or is 
 appealing the order.
  (15) Compliance with Order Granting Petition to 
 Expunge Records. While a party is seeking relief from the 
 order granting the petition to expunge through a motion 
 filed under paragraph (12) of this subsection (d) or is 
 appealing the order, and unless a court has entered a stay 
 of that order, the parties entitled to notice of the 
 petition must seal, but need not expunge, the records 
 until there is a final order on the motion for relief or, 
 in the case of an appeal, the issuance of that court's 
 mandate.
  (16) The changes to this subsection (d) made by Public 
 Act 98-163 apply to all petitions pending on August 5, 
 2013 (the effective date of Public Act 98-163) and to all 
 orders ruling on a petition to expunge or seal on or after 
 August 5, 2013 (the effective date of Public Act 98-163). 
 (e) Whenever a person who has been convicted of an offense 
is granted
a pardon by the Governor which specifically 
authorizes expungement, he or she may,
upon verified petition 
to the Chief Judge of the circuit where the person had
been 
convicted, any judge of the circuit designated by the Chief 
Judge, or in
counties of less than 3,000,000 inhabitants, the 
presiding trial judge at the
defendant's trial, have a court 
order entered expunging the record of
arrest from the official 
records of the arresting authority and order that the
records 
of the circuit court clerk and the Illinois State Police 
Department be sealed until
further order of the court upon 
good cause shown or as otherwise provided
herein, and the name 
of the defendant obliterated from the official index
requested 
to be kept by the circuit court clerk under Section 16 of the 
Clerks
of Courts Act in connection with the arrest and 
conviction for the offense for
which he or she had been 
pardoned but the order shall not affect any index issued by
the 
circuit court clerk before the entry of the order. All records 
sealed by
the Illinois State Police Department may be 
disseminated by the Illinois State Police Department only to 
the arresting authority, the State's Attorney, and the court 
upon a later
arrest for the same or similar offense or for the 
purpose of sentencing for any
subsequent felony. Upon 
conviction for any subsequent offense, the Department
of 
Corrections shall have access to all sealed records of the 
Illinois State Police Department
pertaining to that 
individual. Upon entry of the order of expungement, the

circuit court clerk shall promptly mail a copy of the order to 
the
person who was pardoned.
 (e-5) Whenever a person who has been convicted of an 
offense is granted a certificate of eligibility for sealing by 
the Prisoner Review Board which specifically authorizes 
sealing, he or she may, upon verified petition to the Chief 
Judge of the circuit where the person had been convicted, any 
judge of the circuit designated by the Chief Judge, or in 
counties of less than 3,000,000 inhabitants, the presiding 
trial judge at the petitioner's trial, have a court order 
entered sealing the record of arrest from the official records 
of the arresting authority and order that the records of the 
circuit court clerk and the Illinois State Police Department 
be sealed until further order of the court upon good cause 
shown or as otherwise provided herein, and the name of the 
petitioner obliterated from the official index requested to be 
kept by the circuit court clerk under Section 16 of the Clerks 
of Courts Act in connection with the arrest and conviction for 
the offense for which he or she had been granted the 
certificate but the order shall not affect any index issued by 
the circuit court clerk before the entry of the order. All 
records sealed by the Illinois State Police Department may be 
disseminated by the Illinois State Police Department only as 
required by this Act or to the arresting authority, a law 
enforcement agency, the State's Attorney, and the court upon a 
later arrest for the same or similar offense or for the purpose 
of sentencing for any subsequent felony. Upon conviction for 
any subsequent offense, the Department of Corrections shall 
have access to all sealed records of the Illinois State Police 
Department pertaining to that individual. Upon entry of the 
order of sealing, the circuit court clerk shall promptly mail 
a copy of the order to the person who was granted the 
certificate of eligibility for sealing. 
 (e-6) Whenever a person who has been convicted of an 
offense is granted a certificate of eligibility for 
expungement by the Prisoner Review Board which specifically 
authorizes expungement, he or she may, upon verified petition 
to the Chief Judge of the circuit where the person had been 
convicted, any judge of the circuit designated by the Chief 
Judge, or in counties of less than 3,000,000 inhabitants, the 
presiding trial judge at the petitioner's trial, have a court 
order entered expunging the record of arrest from the official 
records of the arresting authority and order that the records 
of the circuit court clerk and the Illinois State Police 
Department be sealed until further order of the court upon 
good cause shown or as otherwise provided herein, and the name 
of the petitioner obliterated from the official index 
requested to be kept by the circuit court clerk under Section 
16 of the Clerks of Courts Act in connection with the arrest 
and conviction for the offense for which he or she had been 
granted the certificate but the order shall not affect any 
index issued by the circuit court clerk before the entry of the 
order. All records sealed by the Illinois State Police 
Department may be disseminated by the Illinois State Police 
Department only as required by this Act or to the arresting 
authority, a law enforcement agency, the State's Attorney, and 
the court upon a later arrest for the same or similar offense 
or for the purpose of sentencing for any subsequent felony. 
Upon conviction for any subsequent offense, the Department of 
Corrections shall have access to all expunged records of the 
Illinois State Police Department pertaining to that 
individual. Upon entry of the order of expungement, the 
circuit court clerk shall promptly mail a copy of the order to 
the person who was granted the certificate of eligibility for 
expungement. 
 (f) Subject to available funding, the Illinois Department

of Corrections shall conduct a study of the impact of sealing,

especially on employment and recidivism rates, utilizing a

random sample of those who apply for the sealing of their

criminal records under Public Act 93-211. At the request of 
the
Illinois Department of Corrections, records of the 
Illinois
Department of Employment Security shall be utilized 
as
appropriate to assist in the study. The study shall not

disclose any data in a manner that would allow the

identification of any particular individual or employing unit.

The study shall be made available to the General Assembly no

later than September 1, 2010.

 (g) Immediate Sealing.
  (1) Applicability. Notwithstanding any other provision 
 of this Act to the contrary, and cumulative with any 
 rights to expungement or sealing of criminal records, this 
 subsection authorizes the immediate sealing of criminal 
 records of adults and of minors prosecuted as adults.
  (2) Eligible Records. Arrests or charges not initiated 
 by arrest resulting in acquittal or dismissal with 
 prejudice, except as excluded by subsection (a)(3)(B), 
 that occur on or after January 1, 2018 (the effective date 
 of Public Act 100-282), may be sealed immediately if the 
 petition is filed with the circuit court clerk on the same 
 day and during the same hearing in which the case is 
 disposed.
  (3) When Records are Eligible to be Immediately 
 Sealed. Eligible records under paragraph (2) of this 
 subsection (g) may be sealed immediately after entry of 
 the final disposition of a case, notwithstanding the 
 disposition of other charges in the same case.
  (4) Notice of Eligibility for Immediate Sealing. Upon 
 entry of a disposition for an eligible record under this 
 subsection (g), the defendant shall be informed by the 
 court of his or her right to have eligible records 
 immediately sealed and the procedure for the immediate 
 sealing of these records.
  (5) Procedure. The following procedures apply to 
 immediate sealing under this subsection (g).
   (A) Filing the Petition. Upon entry of the final 
 disposition of the case, the defendant's attorney may 
 immediately petition the court, on behalf of the 
 defendant, for immediate sealing of eligible records 
 under paragraph (2) of this subsection (g) that are 
 entered on or after January 1, 2018 (the effective 
 date of Public Act 100-282). The immediate sealing 
 petition may be filed with the circuit court clerk 
 during the hearing in which the final disposition of 
 the case is entered. If the defendant's attorney does 
 not file the petition for immediate sealing during the 
 hearing, the defendant may file a petition for sealing 
 at any time as authorized under subsection (c)(3)(A).
   (B) Contents of Petition. The immediate sealing 
 petition shall be verified and shall contain the 
 petitioner's name, date of birth, current address, and 
 for each eligible record, the case number, the date of 
 arrest if applicable, the identity of the arresting 
 authority if applicable, and other information as the 
 court may require.
   (C) Drug Test. The petitioner shall not be 
 required to attach proof that he or she has passed a 
 drug test.
   (D) Service of Petition. A copy of the petition 
 shall be served on the State's Attorney in open court. 
 The petitioner shall not be required to serve a copy of 
 the petition on any other agency.
   (E) Entry of Order. The presiding trial judge 
 shall enter an order granting or denying the petition 
 for immediate sealing during the hearing in which it 
 is filed. Petitions for immediate sealing shall be 
 ruled on in the same hearing in which the final 
 disposition of the case is entered.
   (F) Hearings. The court shall hear the petition 
 for immediate sealing on the same day and during the 
 same hearing in which the disposition is rendered.
   (G) Service of Order. An order to immediately seal 
 eligible records shall be served in conformance with 
 subsection (d)(8).
   (H) Implementation of Order. An order to 
 immediately seal records shall be implemented in 
 conformance with subsections (d)(9)(C) and (d)(9)(D).
   (I) Fees. The fee imposed by the circuit court 
 clerk and the Illinois Department of State Police 
 shall comply with paragraph (1) of subsection (d) of 
 this Section.
   (J) Final Order. No court order issued under this 
 subsection (g) shall become final for purposes of 
 appeal until 30 days after service of the order on the 
 petitioner and all parties entitled to service of the 
 order in conformance with subsection (d)(8).
   (K) Motion to Vacate, Modify, or Reconsider. Under 
 Section 2-1203 of the Code of Civil Procedure, the 
 petitioner, State's Attorney, or the Illinois 
 Department of State Police may file a motion to 
 vacate, modify, or reconsider the order denying the 
 petition to immediately seal within 60 days of service 
 of the order. If filed more than 60 days after service 
 of the order, a petition to vacate, modify, or 
 reconsider shall comply with subsection (c) of Section 
 2-1401 of the Code of Civil Procedure.
   (L) Effect of Order. An order granting an 
 immediate sealing petition shall not be considered 
 void because it fails to comply with the provisions of 
 this Section or because of an error asserted in a 
 motion to vacate, modify, or reconsider. The circuit 
 court retains jurisdiction to determine whether the 
 order is voidable, and to vacate, modify, or 
 reconsider its terms based on a motion filed under 
 subparagraph (L) of this subsection (g).
   (M) Compliance with Order Granting Petition to 
 Seal Records. Unless a court has entered a stay of an 
 order granting a petition to immediately seal, all 
 parties entitled to service of the order must fully 
 comply with the terms of the order within 60 days of 
 service of the order. 
 (h) Sealing; trafficking victims.
  (1) A trafficking victim as defined by paragraph (10) 
 of subsection (a) of Section 10-9 of the Criminal Code of 
 2012 shall be eligible to petition for immediate sealing 
 of his or her criminal record upon the completion of his or 
 her last sentence if his or her participation in the 
 underlying offense was a direct result of human 
 trafficking under Section 10-9 of the Criminal Code of 
 2012 or a severe form of trafficking under the federal 
 Trafficking Victims Protection Act.
  (2) A petitioner under this subsection (h), in 
 addition to the requirements provided under paragraph (4) 
 of subsection (d) of this Section, shall include in his or 
 her petition a clear and concise statement that: (A) he or 
 she was a victim of human trafficking at the time of the 
 offense; and (B) that his or her participation in the 
 offense was a direct result of human trafficking under 
 Section 10-9 of the Criminal Code of 2012 or a severe form 
 of trafficking under the federal Trafficking Victims 
 Protection Act. 
  (3) If an objection is filed alleging that the 
 petitioner is not entitled to immediate sealing under this 
 subsection (h), the court shall conduct a hearing under 
 paragraph (7) of subsection (d) of this Section and the 
 court shall determine whether the petitioner is entitled 
 to immediate sealing under this subsection (h). A 
 petitioner is eligible for immediate relief under this 
 subsection (h) if he or she shows, by a preponderance of 
 the evidence, that: (A) he or she was a victim of human 
 trafficking at the time of the offense; and (B) that his or 
 her participation in the offense was a direct result of 
 human trafficking under Section 10-9 of the Criminal Code 
 of 2012 or a severe form of trafficking under the federal 
 Trafficking Victims Protection Act.
 (i) Minor Cannabis Offenses under the Cannabis Control 
Act.
  (1) Expungement of Arrest Records of Minor Cannabis 
 Offenses.
   (A) The Illinois Department of State Police and 
 all law enforcement agencies within the State shall 
 automatically expunge all criminal history records of 
 an arrest, charge not initiated by arrest, order of 
 supervision, or order of qualified probation for a 
 Minor Cannabis Offense committed prior to June 25, 
 2019 (the effective date of Public Act 101-27) if:
    (i) One year or more has elapsed since the 
 date of the arrest or law enforcement interaction 
 documented in the records; and
    (ii) No criminal charges were filed relating 
 to the arrest or law enforcement interaction or 
 criminal charges were filed and subsequently 
 dismissed or vacated or the arrestee was 
 acquitted.
   (B) If the law enforcement agency is unable to 
 verify satisfaction of condition (ii) in paragraph 
 (A), records that satisfy condition (i) in paragraph 
 (A) shall be automatically expunged.
   (C) Records shall be expunged by the law 
 enforcement agency under the following timelines:
    (i) Records created prior to June 25, 2019 
 (the effective date of Public Act 101-27), but on 
 or after January 1, 2013, shall be automatically 
 expunged prior to January 1, 2021;
    (ii) Records created prior to January 1, 2013, 
 but on or after January 1, 2000, shall be 
 automatically expunged prior to January 1, 2023;
    (iii) Records created prior to January 1, 2000 
 shall be automatically expunged prior to January 
 1, 2025.
   In response to an inquiry for expunged records, 
 the law enforcement agency receiving such inquiry 
 shall reply as it does in response to inquiries when no 
 records ever existed; however, it shall provide a 
 certificate of disposition or confirmation that the 
 record was expunged to the individual whose record was 
 expunged if such a record exists. 
   (D) Nothing in this Section shall be construed to 
 restrict or modify an individual's right to have that 
 individual's records expunged except as otherwise may 
 be provided in this Act, or diminish or abrogate any 
 rights or remedies otherwise available to the 
 individual.
  (2) Pardons Authorizing Expungement of Minor Cannabis 
 Offenses.
   (A) Upon June 25, 2019 (the effective date of 
 Public Act 101-27), the Department of State Police 
 shall review all criminal history record information 
 and identify all records that meet all of the 
 following criteria:
    (i) one or more convictions for a Minor 
 Cannabis Offense;
    (ii) the conviction identified in paragraph 
 (2)(A)(i) did not include a penalty enhancement 
 under Section 7 of the Cannabis Control Act; and
    (iii) the conviction identified in paragraph 
 (2)(A)(i) is not associated with a conviction for 
 a violent crime as defined in subsection (c) of 
 Section 3 of the Rights of Crime Victims and 
 Witnesses Act.
   (B) Within 180 days after June 25, 2019 (the 
 effective date of Public Act 101-27), the Department 
 of State Police shall notify the Prisoner Review Board 
 of all such records that meet the criteria established 
 in paragraph (2)(A).
    (i) The Prisoner Review Board shall notify the 
 State's Attorney of the county of conviction of 
 each record identified by State Police in 
 paragraph (2)(A) that is classified as a Class 4 
 felony. The State's Attorney may provide a written 
 objection to the Prisoner Review Board on the sole 
 basis that the record identified does not meet the 
 criteria established in paragraph (2)(A). Such an 
 objection must be filed within 60 days or by such 
 later date set by the Prisoner Review Board in the 
 notice after the State's Attorney received notice 
 from the Prisoner Review Board.
    (ii) In response to a written objection from a 
 State's Attorney, the Prisoner Review Board is 
 authorized to conduct a non-public hearing to 
 evaluate the information provided in the 
 objection.
    (iii) The Prisoner Review Board shall make a 
 confidential and privileged recommendation to the 
 Governor as to whether to grant a pardon 
 authorizing expungement for each of the records 
 identified by the Department of State Police as 
 described in paragraph (2)(A).
   (C) If an individual has been granted a pardon 
 authorizing expungement as described in this Section, 
 the Prisoner Review Board, through the Attorney 
 General, shall file a petition for expungement with 
 the Chief Judge of the circuit or any judge of the 
 circuit designated by the Chief Judge where the 
 individual had been convicted. Such petition may 
 include more than one individual. Whenever an 
 individual who has been convicted of an offense is 
 granted a pardon by the Governor that specifically 
 authorizes expungement, an objection to the petition 
 may not be filed. Petitions to expunge under this 
 subsection (i) may include more than one individual. 
 Within 90 days of the filing of such a petition, the 
 court shall enter an order expunging the records of 
 arrest from the official records of the arresting 
 authority and order that the records of the circuit 
 court clerk and the Illinois Department of State 
 Police be expunged and the name of the defendant 
 obliterated from the official index requested to be 
 kept by the circuit court clerk under Section 16 of the 
 Clerks of Courts Act in connection with the arrest and 
 conviction for the offense for which the individual 
 had received a pardon but the order shall not affect 
 any index issued by the circuit court clerk before the 
 entry of the order. Upon entry of the order of 
 expungement, the circuit court clerk shall promptly 
 provide a copy of the order and a certificate of 
 disposition to the individual who was pardoned to the 
 individual's last known address or by electronic means 
 (if available) or otherwise make it available to the 
 individual upon request.
   (D) Nothing in this Section is intended to 
 diminish or abrogate any rights or remedies otherwise 
 available to the individual.
  (3) Any individual may file a motion to vacate and 
 expunge a conviction for a misdemeanor or Class 4 felony 
 violation of Section 4 or Section 5 of the Cannabis 
 Control Act. Motions to vacate and expunge under this 
 subsection (i) may be filed with the circuit court, Chief 
 Judge of a judicial circuit or any judge of the circuit 
 designated by the Chief Judge. The circuit court clerk 
 shall promptly serve a copy of the motion to vacate and 
 expunge, and any supporting documentation, on the State's 
 Attorney or prosecutor charged with the duty of 
 prosecuting the offense. When considering such a motion to 
 vacate and expunge, a court shall consider the following: 
 the reasons to retain the records provided by law 
 enforcement, the petitioner's age, the petitioner's age at 
 the time of offense, the time since the conviction, and 
 the specific adverse consequences if denied. An individual 
 may file such a petition after the completion of any 
 non-financial sentence or non-financial condition imposed 
 by the conviction. Within 60 days of the filing of such 
 motion, a State's Attorney may file an objection to such a 
 petition along with supporting evidence. If a motion to 
 vacate and expunge is granted, the records shall be 
 expunged in accordance with subparagraphs (d)(8) and 
 (d)(9)(A) of this Section. An agency providing civil legal 
 aid, as defined by Section 15 of the Public Interest 
 Attorney Assistance Act, assisting individuals seeking to 
 file a motion to vacate and expunge under this subsection 
 may file motions to vacate and expunge with the Chief 
 Judge of a judicial circuit or any judge of the circuit 
 designated by the Chief Judge, and the motion may include 
 more than one individual. Motions filed by an agency 
 providing civil legal aid concerning more than one 
 individual may be prepared, presented, and signed 
 electronically.
  (4) Any State's Attorney may file a motion to vacate 
 and expunge a conviction for a misdemeanor or Class 4 
 felony violation of Section 4 or Section 5 of the Cannabis 
 Control Act. Motions to vacate and expunge under this 
 subsection (i) may be filed with the circuit court, Chief 
 Judge of a judicial circuit or any judge of the circuit 
 designated by the Chief Judge, and may include more than 
 one individual. Motions filed by a State's Attorney 
 concerning more than one individual may be prepared, 
 presented, and signed electronically. When considering 
 such a motion to vacate and expunge, a court shall 
 consider the following: the reasons to retain the records 
 provided by law enforcement, the individual's age, the 
 individual's age at the time of offense, the time since 
 the conviction, and the specific adverse consequences if 
 denied. Upon entry of an order granting a motion to vacate 
 and expunge records pursuant to this Section, the State's 
 Attorney shall notify the Prisoner Review Board within 30 
 days. Upon entry of the order of expungement, the circuit 
 court clerk shall promptly provide a copy of the order and 
 a certificate of disposition to the individual whose 
 records will be expunged to the individual's last known 
 address or by electronic means (if available) or otherwise 
 make available to the individual upon request. If a motion 
 to vacate and expunge is granted, the records shall be 
 expunged in accordance with subparagraphs (d)(8) and 
 (d)(9)(A) of this Section.
  (5) In the public interest, the State's Attorney of a 
 county has standing to file motions to vacate and expunge 
 pursuant to this Section in the circuit court with 
 jurisdiction over the underlying conviction.
  (6) If a person is arrested for a Minor Cannabis 
 Offense as defined in this Section before June 25, 2019 
 (the effective date of Public Act 101-27) and the person's 
 case is still pending but a sentence has not been imposed, 
 the person may petition the court in which the charges are 
 pending for an order to summarily dismiss those charges 
 against him or her, and expunge all official records of 
 his or her arrest, plea, trial, conviction, incarceration, 
 supervision, or expungement. If the court determines, upon 
 review, that:
(A) the person was arrested before June 25, 
 2019 (the effective date of Public Act 101-27) for an 
 offense that has been made eligible for expungement;
(B) 
 the case is pending at the time; and
(C) the person has not 
 been sentenced of the minor cannabis violation eligible 
 for expungement under this subsection, the court shall 
 consider the following: the reasons to retain the records 
 provided by law enforcement, the petitioner's age, the 
 petitioner's age at the time of offense, the time since 
 the conviction, and the specific adverse consequences if 
 denied. If a motion to dismiss and expunge is granted, the 
 records shall be expunged in accordance with subparagraph 
 (d)(9)(A) of this Section.
  (7) A person imprisoned solely as a result of one or 
 more convictions for Minor Cannabis Offenses under this 
 subsection (i) shall be released from incarceration upon 
 the issuance of an order under this subsection.
  (8) The Illinois Department of State Police shall 
 allow a person to use the access and review process, 
 established in the Illinois Department of State Police, 
 for verifying that his or her records relating to Minor 
 Cannabis Offenses of the Cannabis Control Act eligible 
 under this Section have been expunged.
  (9) No conviction vacated pursuant to this Section 
 shall serve as the basis for damages for time unjustly 
 served as provided in the Court of Claims Act. 
  (10) Effect of Expungement. A person's right to 
 expunge an expungeable offense shall not be limited under 
 this Section. The effect of an order of expungement shall 
 be to restore the person to the status he or she occupied 
 before the arrest, charge, or conviction.
  (11) Information. The Illinois Department of State 
 Police shall post general information on its website about 
 the expungement process described in this subsection (i). 
 (j) Felony Prostitution Convictions.
  (1) Any individual may file a motion to vacate and 
 expunge a conviction for a prior Class 4 felony violation 
 of prostitution. Motions to vacate and expunge under this 
 subsection (j) may be filed with the circuit court, Chief 
 Judge of a judicial circuit, or any judge of the circuit 
 designated by the Chief Judge. When considering the motion 
 to vacate and expunge, a court shall consider the 
 following:
   (A) the reasons to retain the records provided by 
 law enforcement;
   (B) the petitioner's age;
   (C) the petitioner's age at the time of offense; 
 and
   (D) the time since the conviction, and the 
 specific adverse consequences if denied. An individual 
 may file the petition after the completion of any 
 sentence or condition imposed by the conviction. 
 Within 60 days of the filing of the motion, a State's 
 Attorney may file an objection to the petition along 
 with supporting evidence. If a motion to vacate and 
 expunge is granted, the records shall be expunged in 
 accordance with subparagraph (d)(9)(A) of this 
 Section. An agency providing civil legal aid, as 
 defined in Section 15 of the Public Interest Attorney 
 Assistance Act, assisting individuals seeking to file 
 a motion to vacate and expunge under this subsection 
 may file motions to vacate and expunge with the Chief 
 Judge of a judicial circuit or any judge of the circuit 
 designated by the Chief Judge, and the motion may 
 include more than one individual.
  (2) Any State's Attorney may file a motion to vacate 
 and expunge a conviction for a Class 4 felony violation of 
 prostitution. Motions to vacate and expunge under this 
 subsection (j) may be filed with the circuit court, Chief 
 Judge of a judicial circuit, or any judge of the circuit 
 court designated by the Chief Judge, and may include more 
 than one individual. When considering the motion to vacate 
 and expunge, a court shall consider the following reasons:
   (A) the reasons to retain the records provided by 
 law enforcement;
   (B) the petitioner's age;
   (C) the petitioner's age at the time of offense;
   (D) the time since the conviction; and
   (E) the specific adverse consequences if denied.
  If the State's Attorney files a motion to vacate and 
 expunge records for felony prostitution convictions 
 pursuant to this Section, the State's Attorney shall 
 notify the Prisoner Review Board within 30 days of the 
 filing. If a motion to vacate and expunge is granted, the 
 records shall be expunged in accordance with subparagraph 
 (d)(9)(A) of this Section.
  (3) In the public interest, the State's Attorney of a 
 county has standing to file motions to vacate and expunge 
 pursuant to this Section in the circuit court with 
 jurisdiction over the underlying conviction.
  (4) The Illinois State Police shall allow a person to 
 a use the access and review process, established in the 
 Illinois State Police, for verifying that his or her 
 records relating to felony prostitution eligible under 
 this Section have been expunged.
  (5) No conviction vacated pursuant to this Section 
 shall serve as the basis for damages for time unjustly 
 served as provided in the Court of Claims Act.
  (6) Effect of Expungement. A person's right to expunge 
 an expungeable offense shall not be limited under this 
 Section. The effect of an order of expungement shall be to 
 restore the person to the status he or she occupied before 
 the arrest, charge, or conviction.
  (7) Information. The Illinois State Police shall post 
 general information on its website about the expungement 
 process described in this subsection (j).
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. 
12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; 
102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)


 Section 185. The Department of Veterans' Affairs Act is 
amended by changing Sections 2.01a and 2.04 as follows:



 (20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a)



 Sec. 2.01a. Members benefits fund; personal property. The

Department
shall direct the expenditure of all money which
has 
been or may be received by any officer of an Illinois Veterans 
Home
including profit on sales from commissary stores. The 
money shall be deposited
into the members benefits fund and 
expenditures from the fund
shall be made
under the direction 
of the Department for the special comfort, pleasure, and

amusement of residents and employees, provided that amounts 
expended for
comfort, pleasure,
and amusement of employees 
shall not exceed the amount of profits derived from
sales made 
to employees by such commissaries, as determined by the 
Department. The Department may also make expenditures from the 
fund, subject to approval by the Director of Veterans' 
Affairs, for recognition and appreciation programs for 
volunteers who assist the Veterans Homes.
Expenditures from 
the fund may not be used to supplement a
shortfall in the 
ordinary and contingent operating expenses of the Home and

shall be expended only for the special comfort, pleasure, and 
amusement of the
residents.

 The Department shall prepare a quarterly report on all 
locally held locally-held
member's benefits funds from each 
Illinois Veterans Home. The report shall contain the amount of 
donations received for each veterans' home, including monetary 
and nonmonetary items, the expenditures and items disbursed 
dispersed, and the end of quarter balance of the locally held 
locally-held
member's benefits funds. The Department shall 
submit the quarterly report to the General Assembly and to the 
Governor and publish the report on its website. 
 Money received as interest and income on funds deposited 
for residents
of an Illinois Veterans Home shall be paid to the 
individual accounts of the residents.
If home residents choose 
to hold savings accounts or other
investments outside the 
Home, interest or income on the individual savings
accounts or 
investments of residents shall
accrue
to the individual 
accounts of the residents.

 Any money belonging to residents separated by death, 
discharge, or
unauthorized absence from an Illinois Veterans 
Home, in custody of officers
thereof, may, if unclaimed by the 
resident or the legal
representatives thereof for a period of 
2 years, be expended at the
direction of the Department for the 
purposes and in the manner specified
above. Articles of 
personal property, with the exception of clothing left
in the 
custody of officers, shall, if unclaimed for the period of
2 
years, be sold and the money disposed of in the same manner.

 Clothing left at a Home by residents at the time of 
separation
may be used as determined by the Home if unclaimed 
by the resident
or legal representatives thereof within 30 
days after notification.

(Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)




 (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)



 Sec. 2.04. 
There shall be established in the State 
Treasury special funds
known as (i) the LaSalle Veterans Home 
Fund, (ii) the Anna Veterans Home Fund,
(iii) the Manteno 
Veterans Home Fund, and (iv) the Quincy Veterans Home
Fund.

All moneys received by an Illinois Veterans Home from Medicare 
and from
maintenance charges to veterans, spouses, and 
surviving spouses residing at
that Home shall be paid into 
that Home's Fund. All moneys
received from the
U.S. Department 
of Veterans Affairs for patient care shall be transmitted to

the Treasurer of the State for deposit in the Veterans Home 
Fund for the Home
in which the veteran resides. Appropriations 
shall be made from a Fund only
for the needs of the Home, 
including capital improvements, building
rehabilitation, and 
repairs. The Illinois Veterans' Homes Fund shall be the 
Veterans Home Fund for the Illinois Veterans Home at Chicago. 

 The administrator of each Veterans Home shall establish a 
locally held
locally-held
member's benefits fund. The Director 
may authorize the Veterans Home to conduct limited fundraising 
in accordance with applicable laws and regulations for which 
the sole purpose is to benefit the Veterans Home's member's 
benefits fund. Revenues accruing to an Illinois Veterans Home,

including any donations, grants for the operation of the Home, 
profits from
commissary stores, and funds received from any 
individual or other source, including limited fundraising,

shall be deposited into that Home's benefits fund. 
Expenditures from the benefits funds
shall
be solely for the 
special comfort, pleasure, and amusement of residents.

Contributors of unsolicited private donations may specify the 
purpose for which
the private donations are to be used.

 Upon request of the Department, the State's Attorney of 
the county in which
a resident or living former resident of an 
Illinois Veterans Home
who is liable under this Act
for 
payment of sums representing maintenance charges resides shall 
file
an action in a court of competent jurisdiction against 
any such person who
fails or refuses to pay such sums. The 
court may order the payment of sums
due to maintenance charges 
for such period or periods of time as the
circumstances 
require.

 Upon the death of a person who is or has been a resident of 
an
Illinois Veterans Home who is
liable for maintenance 
charges and who is possessed of property, the
Department may 
present a claim for such sum or for the balance due in
case 
less than the rate prescribed under this Act has been paid. The

claim shall be allowed and paid as other lawful claims against 
the estate.

 The administrator of each Veterans Home shall establish a 
locally held
locally-held
trust fund to maintain moneys held 
for residents. Whenever the Department
finds it necessary to 
preserve order,
preserve health, or enforce discipline, the 
resident shall deposit in a
trust account at the Home such 
monies from any source of income as may
be determined 
necessary, and disbursement of these funds to the resident

shall be made only by direction of the administrator.

 If a resident of an Illinois Veterans Home has a
dependent 
child, spouse, or parent the administrator may
require that 
all monies
received be deposited in a trust account with 
dependency contributions
being made at the direction of the 
administrator. The balance retained
in the trust account shall 
be disbursed to the resident at the time of
discharge from the 
Home or to his or her heirs or legal representative
at the time 
of the resident's death, subject to Department regulations
or 
order of the court.

 The Director of Central Management Services, with the

consent of the Director of Veterans' Affairs, is authorized

and empowered to lease or let any real property held by the 
Department of
Veterans' Affairs for an Illinois Veterans Home 
to entities or
persons upon terms and conditions which are 
considered to be in the best
interest of that Home. The real 
property must not be needed for any direct
or immediate 
purpose of the Home. In any leasing or letting, primary

consideration shall be given to the use of real property for 
agricultural
purposes, and all moneys received shall be 
transmitted to the Treasurer of
the State for deposit in the 
appropriate Veterans Home Fund.
 Each administrator of an Illinois Veterans Home who has an 
established locally held locally-held
member's benefits fund 
shall prepare and submit to the Department a monthly report of 
all donations received, including donations of a nonmonetary 
nature. The report shall include the end of month balance of 
the locally held locally-held
member's benefits fund. 

(Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)


 Section 190. The State Fire Marshal Act is amended by 
changing Section 3 as follows:




 (20 ILCS 2905/3) (from Ch. 127 1/2, par. 3)



 Sec. 3. 
There is created the Illinois Fire Advisory 
Commission which
shall advise the Office in the exercise of 
its powers and duties. The
Commission shall be appointed by 
the Governor as follows: 
  (1) 3 professional, full-time paid firefighters;
  (2) one volunteer firefighter;
  (3) one Fire Protection Engineer who is registered in

 Illinois;
  (4) one person who is a representative of the fire 
 insurance industry in Illinois;
  (5) one person who is a representative of a
registered 
 United States Department of Labor
apprenticeship program 
 primarily instructing
in the installation and repair of

 fire extinguishing systems;
  (6) one licensed operating or stationary engineer who

 has an associate degree in facilities engineering

 technology and has knowledge of the operation and

 maintenance of fire alarm and fire
extinguishing systems 
 primarily for the life safety of
occupants in a variety of 
 commercial or residential
structures; and
  (7) 3 persons with an interest in and knowledgeable

 about fire prevention methods.

 In addition, the following shall serve as ex officio 
members of the
Commission: the Chicago Fire Commissioner, or 
his or her designee; the
executive officer, or his or her 
designee, of each of the following
organizations: the Illinois 
Fire Chiefs Association, the Illinois Fire
Protection District 
Association, the Illinois Fire Inspectors
Association, the 
Illinois Professional Firefighters Association, the
Illinois 
Firemen's Association, the Associated Firefighters of 
Illinois,
the Illinois Society of Fire Service Instructors, 
the Illinois Chapter of the International Association of Arson 
Investigators, the Mutual Aid Box Alarm System (MABAS) 
Illinois,
and the Fire Service Institute, University of 
Illinois.

 The Governor shall designate, at the time of appointment, 
3 members
to serve terms expiring on the third Monday in 
January, 1979; 3 members
to serve terms expiring the third 
Monday in January, 1980; and 2 members
to serve terms expiring 
the third Monday in January, 1981. The
additional member 
appointed by the Governor pursuant to Public Act 85-718 shall 
serve for a term expiring the third Monday in January, 1990. 
Thereafter,
all terms shall be for 3 years. A member shall 
serve until his or her
successor is appointed and qualified. A 
vacancy shall be filled for the
unexpired term.

 The Governor shall designate one of the appointed members 
to be
chairperson of the Commission.

 Members shall serve without compensation but shall be 
reimbursed for
their actual reasonable expenses incurred in 
the performance of their
duties.

(Source: P.A. 101-234, eff. 8-9-19; 102-269, eff. 8-6-21; 
102-558, eff. 8-20-21; revised 10-5-21.)


 Section 195. The Energy
Efficient Building Act is amended 
by changing Sections 10, 15, and 30 as follows:

 (20 ILCS 3125/10)
 Sec. 10. Definitions.


 "Agency" means the Environmental Protection Agency. 
 "Board" means the Capital Development Board.


 "Building" includes both residential buildings and 
commercial buildings.

 "Code" means the latest published edition of the 
International Code Council's International Energy Conservation 
Code as adopted by the Board, including any published 
supplements adopted by the Board and any amendments and 
adaptations to the Code that are made by the
Board.


 "Commercial building" means any building except a building 
that is a residential building, as defined in this Section.
 "Municipality" means any city, village, or incorporated 
town.

 "Residential building" means (i) a detached one-family or 
2-family dwelling or (ii) any building that is 3 stories or 
less in height above grade that contains multiple dwelling 
units, in which the occupants reside on a primarily permanent 
basis, such as a townhouse, a row house, an apartment house, a 
convent, a monastery, a rectory, a fraternity or sorority 
house, a dormitory, and a rooming house; provided, however, 
that when applied to a building located within the boundaries 
of a municipality having a population of 1,000,000 or more, 
the term "residential building" means a building containing 
one or more dwelling units, not exceeding 4 stories above 
grade, where occupants are primarily permanent.
 "Site energy index" means a scalar published by the 
Pacific Northwest National Laboratories representing the ratio 
of the site energy performance of an evaluated code compared 
to the site energy performance of the 2006 International 
Energy Conservation Code. A "site energy index" includes only 
conservation measures and excludes net energy credit for any 
on-site or off-site energy production. 

(Source: P.A. 101-144, eff. 7-26-19; 102-444, eff. 8-20-21; 
102-662, eff. 9-15-21; revised 10-12-21.)

 (20 ILCS 3125/15)

 Sec. 15. Energy Efficient Building Code.  The Board, in 
consultation with the Agency, shall adopt the Code as minimum

requirements for commercial buildings, applying to the 
construction of, renovations to, and additions to all 
commercial buildings in the State. The Board, in consultation 
with the Agency, shall also adopt the Code as the minimum and 
maximum requirements for residential buildings, applying to 
the construction of, renovations to, and additions to all 
residential buildings in the State, except as provided for in 
Section 45 of this Act. The Board may
appropriately adapt the 
International Energy Conservation Code to apply to the

particular economy, population distribution, geography, and 
climate of the
State and construction therein, consistent with 
the public policy
objectives of this Act.


(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; 
revised 10-21-21.)

 (20 ILCS 3125/30)

 Sec. 30. Enforcement.  The
Board, in consultation with the 
Agency, shall
determine
procedures for compliance with the 
Code. These procedures
may include but need not be
limited to 
certification by a national, State, or local accredited energy

conservation program or inspections from private 
Code-certified inspectors
using the Code.
For purposes of the 
Illinois Stretch Energy Code under Section 55, the Board shall 
allow and encourage, as an alternative compliance mechanism, 
project certification by a nationally recognized nonprofit 
certification organization specializing in high-performance 
passive buildings and offering climate-specific building 
energy standards that require equal or better energy 
performance than the Illinois Stretch Energy Code. 

(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; 
revised 10-19-21.)

 Section 200. The Illinois Emergency Management Agency Act 
is amended by changing Section 5 as follows:




 (20 ILCS 3305/5) (from Ch. 127, par. 1055)


 Sec. 5. Illinois Emergency Management Agency. 

 (a) There is created within the executive branch of the 
State Government an
Illinois Emergency Management Agency and a 
Director of the Illinois Emergency
Management Agency, herein 
called the "Director" who shall be the head thereof.
The 
Director shall be appointed by the Governor, with the advice 
and consent of
the Senate, and shall serve for a term of 2 
years beginning on the third Monday
in January of the 
odd-numbered year, and until a successor is appointed and
has 
qualified; except that the term of the first Director 
appointed under this
Act shall expire on the third Monday in 
January, 1989. The Director shall not
hold any other 
remunerative public office. For terms ending before December 
31, 2019, the Director shall receive an annual
salary as set by 
the
Compensation Review Board. For terms beginning after 
January 18, 2019 (the effective date of Public Act 100-1179) 
this amendatory Act of the 100th General Assembly, the annual 
salary of the Director shall be as provided in Section 5-300 of 
the Civil Administrative Code of Illinois.

 (b) The Illinois Emergency Management Agency shall obtain, 
under the
provisions of the Personnel Code, technical, 
clerical, stenographic and other
administrative personnel, and 
may make expenditures within the appropriation
therefor as may 
be necessary to carry out the purpose of this Act. The agency

created by this Act is intended to be a successor to the agency 
created under
the Illinois Emergency Services and Disaster 
Agency Act of 1975 and the
personnel, equipment, records, and 
appropriations of that agency are
transferred to the successor 
agency as of June 30, 1988 (the effective date of this Act).

 (c) The Director, subject to the direction and control of 
the Governor,
shall be the executive head of the Illinois 
Emergency Management Agency and
the State Emergency Response 
Commission and shall be responsible under the
direction of the 
Governor, for carrying out the program for emergency

management of this State. The Director shall also maintain 
liaison
and cooperate with
the emergency management 
organizations of this State and other states and of
the 
federal government.

 (d) The Illinois Emergency Management Agency shall take an 
integral part in
the development and revision of political 
subdivision emergency operations
plans prepared under 
paragraph (f) of Section 10. To this end it shall employ
or 
otherwise secure the services of professional and technical 
personnel
capable of providing expert assistance to the 
emergency services and disaster
agencies. These personnel 
shall consult with emergency services and disaster
agencies on 
a regular basis and shall make field examinations of the 
areas,
circumstances, and conditions that particular political 
subdivision emergency
operations plans are intended to apply.

 (e) The Illinois Emergency Management Agency and political 
subdivisions
shall be encouraged to form an emergency 
management advisory committee composed
of private and public 
personnel representing the emergency management phases of

mitigation, preparedness, response, and recovery.
The Local 
Emergency Planning Committee, as created under the Illinois

Emergency
Planning and Community Right to Know Act, shall 
serve as
an advisory
committee to the emergency services and 
disaster agency or agencies serving
within the boundaries
of 
that Local Emergency Planning Committee planning district for:

  (1) the development of emergency operations plan 
 provisions for hazardous
chemical
emergencies; and

  (2) the assessment of emergency response capabilities 
 related to hazardous
chemical
emergencies.

 (f) The Illinois Emergency Management Agency shall:

  (1) Coordinate the overall emergency management 
 program of the State.

  (2) Cooperate with local governments, the federal 
 government, and any
public or private agency or entity in 
 achieving any purpose of this Act and
in implementing 
 emergency management programs for mitigation, 
 preparedness,
response, and recovery.

  (2.5) Develop a comprehensive emergency preparedness 
 and response plan for any nuclear
accident in accordance 
 with Section 65 of the Nuclear Safety
Law of 2004 and in 
 development of the
Illinois
Nuclear Safety Preparedness 
 program in accordance with Section 8 of the
Illinois 
 Nuclear Safety Preparedness Act.

  (2.6) Coordinate with the Department of Public Health

 with respect to planning for and responding to public 
 health emergencies.

  (3) Prepare, for issuance by the Governor, executive 
 orders,
proclamations, and regulations as necessary or 
 appropriate in coping with
disasters.

  (4) Promulgate rules and requirements for political 
 subdivision
emergency operations plans that are not 
 inconsistent with and are at least
as stringent as 
 applicable federal laws and regulations.

  (5) Review and approve, in accordance with Illinois 
 Emergency Management
Agency rules, emergency operations

 plans for those political subdivisions required to have an 
 emergency services
and disaster agency pursuant to this 
 Act.

  (5.5) Promulgate rules and requirements for the 
 political subdivision
emergency management
exercises, 
 including, but not limited to, exercises of the emergency 
 operations
plans.

  (5.10) Review, evaluate, and approve, in accordance 
 with Illinois
Emergency
Management
Agency rules, political 
 subdivision emergency management exercises for those

 political subdivisions
required to have an emergency 
 services and disaster agency pursuant to this
Act.

  (6) Determine requirements of the State and its 
 political
subdivisions
for food, clothing, and other 
 necessities in event of a disaster.

  (7) Establish a register of persons with types of 
 emergency
management
training and skills in mitigation, 
 preparedness, response, and recovery. 

  (8) Establish a register of government and private 
 response
resources
available for use in a disaster.

  (9) Expand the Earthquake Awareness Program and its 
 efforts to
distribute earthquake preparedness materials to 
 schools, political
subdivisions, community groups, civic 
 organizations, and the media.
Emphasis will be placed on 
 those areas of the State most at risk from an
earthquake. 
 Maintain the list of all school districts, hospitals,

 airports, power plants, including nuclear power plants, 
 lakes, dams,
emergency response facilities of all types, 
 and all other major public or
private structures which are 
 at the greatest risk of damage from
earthquakes under 
 circumstances where the damage would cause subsequent
harm 
 to the surrounding communities and residents.

  (10) Disseminate all information, completely and 
 without
delay, on water
levels for rivers and streams and 
 any other data pertaining to potential
flooding supplied 
 by the Division of Water Resources within the Department 
 of
Natural Resources to all political subdivisions to the 
 maximum extent possible.

  (11) Develop agreements, if feasible, with medical 
 supply and
equipment
firms to
supply resources as are 
 necessary to respond to an earthquake or any other

 disaster as defined in this Act. These resources will be 
 made available
upon notifying the vendor of the disaster. 
 Payment for the resources will
be in accordance with 
 Section 7 of this Act. The Illinois Department of
Public 
 Health shall determine which resources will be required 
 and requested.

  (11.5) In coordination with the Illinois State Police, 
 develop and
implement a community outreach program to 
 promote awareness among the State's
parents and children 
 of child abduction prevention and response.

  (12) Out of funds appropriated for these purposes, 
 award capital and
non-capital grants to Illinois hospitals 
 or health care facilities located
outside of a city with a 
 population in excess of 1,000,000 to be used for
purposes 
 that include, but are not limited to, preparing to respond 
 to mass
casualties and disasters, maintaining and 
 improving patient safety and
quality of care, and 
 protecting the confidentiality of patient information.
No 
 single grant for a capital expenditure shall exceed 
 $300,000.
No single grant for a non-capital expenditure 
 shall exceed $100,000.
In awarding such grants, preference 
 shall be given to hospitals that serve
a significant 
 number of Medicaid recipients, but do not qualify for

 disproportionate share hospital adjustment payments under 
 the Illinois Public
Aid Code. To receive such a grant, a 
 hospital or health care facility must
provide funding of 
 at least 50% of the cost of the project for which the grant

 is being requested.
In awarding such grants the Illinois 
 Emergency Management Agency shall consider
the 
 recommendations of the Illinois Hospital Association.

  (13) Do all other things necessary, incidental or 
 appropriate
for the implementation of this Act.

 (g) The Illinois Emergency Management Agency is authorized 
to make grants to various higher education institutions, 
public K-12 school districts, area vocational centers as 
designated by the State Board of Education, inter-district 
special education cooperatives, regional safe schools, and 
nonpublic K-12 schools for safety and security improvements. 
For the purpose of this subsection (g), "higher education 
institution" means a public university, a public community 
college, or an independent, not-for-profit or for-profit 
higher education institution located in this State. Grants 
made under this subsection (g) shall be paid out of moneys 
appropriated for that purpose from the Build Illinois Bond 
Fund. The Illinois Emergency Management Agency shall adopt 
rules to implement this subsection (g). These rules may 
specify: (i) the manner of applying for grants; (ii) project 
eligibility requirements; (iii) restrictions on the use of 
grant moneys; (iv) the manner in which the various higher 
education institutions must account for the use of grant 
moneys; and (v) any other provision that the Illinois 
Emergency Management Agency determines to be necessary or 
useful for the administration of this subsection (g).
 (g-5) The Illinois Emergency Management Agency is 
authorized to make grants to not-for-profit organizations 
which are exempt from federal income taxation under section 
501(c)(3) of the Federal Internal Revenue Code for eligible 
security improvements that assist the organization in 
preventing, preparing for, or responding to acts of terrorism. 
The Director shall establish procedures and forms by which 
applicants may apply for a grant and procedures for 
distributing grants to recipients. The procedures shall 
require each applicant to do the following:
  (1) identify and substantiate prior threats or attacks 
 by a terrorist organization, network, or cell against the 
 not-for-profit organization;
  (2) indicate the symbolic or strategic value of one or 
 more sites that renders the site a possible target of 
 terrorism;
  (3) discuss potential consequences to the organization 
 if the site is damaged, destroyed, or disrupted by a 
 terrorist act;
  (4) describe how the grant will be used to integrate 
 organizational preparedness with broader State and local 
 preparedness efforts;
  (5) submit a vulnerability assessment conducted by 
 experienced security, law enforcement, or military 
 personnel, and a description of how the grant award will 
 be used to address the vulnerabilities identified in the 
 assessment; and
  (6) submit any other relevant information as may be 
 required by the Director.
 The Agency is authorized to use funds appropriated for the 
grant program described in this subsection (g-5) to administer 
the program. 
 (h) Except as provided in Section 17.5 of this Act, any 
moneys received by the Agency from donations or sponsorships 
unrelated to a disaster shall be deposited in the Emergency 
Planning and Training Fund and used by the Agency, subject to 
appropriation, to effectuate planning and training activities. 
Any moneys received by the Agency from donations during a 
disaster and intended for disaster response or recovery shall 
be deposited into the Disaster Response and Recovery Fund and 
used for disaster response and recovery pursuant to the 
Disaster Relief Act. 
 (i) The Illinois Emergency Management Agency may by rule 
assess and collect reasonable fees for attendance at 
Agency-sponsored conferences to enable the Agency to carry out 
the requirements of this Act. Any moneys received under this 
subsection shall be deposited in the Emergency Planning and 
Training Fund and used by the Agency, subject to 
appropriation, for planning and training activities.
 (j) The Illinois Emergency Management Agency is authorized 
to make grants to other State agencies, public universities, 
units of local government, and statewide mutual aid 
organizations to enhance statewide emergency preparedness and 
response. 
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 
revised 10-5-21.)


 Section 205. The Nuclear Safety Law of 2004 is amended by 
changing Section 40 as follows:

 (20 ILCS 3310/40)

 Sec. 40. Regulation of nuclear safety. The Illinois 
Emergency Management Agency shall have primary responsibility 
for the coordination and oversight of all State governmental 
functions concerning the regulation of nuclear power, 
including low level waste management, environmental 
monitoring, environmental radiochemical analysis, and 
transportation of nuclear waste. Functions performed by the 
Illinois State Police and the Department of Transportation in 
the area of nuclear safety, on the effective date of this Act, 
may continue to be performed by these agencies but under the 
direction of the Illinois Emergency Management Agency. All 
other governmental functions regulating nuclear safety shall 
be coordinated by the Illinois Emergency Management Agency.

(Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21; 
revised 9-28-21.)

 Section 210. The Illinois Criminal Justice Information Act 
is amended by changing Section 7.7 as follows:

 (20 ILCS 3930/7.7)
 Sec. 7.7. Pretrial data collection.
 (a) The Administrative Director of the Administrative 
Office Officer of the Illinois Courts shall convene an 
oversight board to be known as the Pretrial Practices Data 
Oversight Board to oversee the collection and analysis of data 
regarding pretrial practices in circuit court systems. The 
Board shall include, but is not limited to, designees from the 
Administrative Office of the Illinois Courts, the Illinois 
Criminal Justice Information Authority, and other entities 
that possess knowledge of pretrial practices and data 
collection issues. Members of the Board shall serve without 
compensation.
 (b) The Oversight Board shall:
  (1) identify existing pretrial data collection 
 processes in local jurisdictions;
  (2) define, gather and maintain records of pretrial 
 data relating to the topics listed in subsection (c) from 
 circuit clerks' offices, sheriff's departments, law 
 enforcement agencies, jails, pretrial departments, 
 probation department, State's Attorneys' offices, public 
 defenders' offices and other applicable criminal justice 
 system agencies;
  (3) identify resources necessary to systematically 
 collect and report data related to the topics listed in 
 subsection subsections (c); and
  (4) develop a plan to implement data collection 
 processes sufficient to collect data on the topics listed 
 in subsection (c) no later than one year after July 1, 2021 
 (the effective date of Public Act 101-652) this amendatory 
 Act of the 101st General Assembly.
The plan and, once 
 implemented, the reports and analysis shall be published 
 and made publicly available on the Administrative Office 
 of the Illinois Courts (AOIC) website.
 (c) The Pretrial Practices Data Oversight Board shall 
develop a strategy to collect quarterly, county-level data on 
the following topics; which collection of data shall begin 
starting one year after July 1, 2021 (the effective date of 
Public Act 101-652) this amendatory Act of the 101st General 
Assembly:
  (1) information on all persons arrested and charged 
 with misdemeanor or felony charges, or both, including 
 information on persons released directly from law 
 enforcement custody;
  (2) information on the outcomes of pretrial conditions 
 and pretrial detention hearings in the county courts, 
 including but not limited to the number of hearings held, 
 the number of defendants detained, the number of 
 defendants released, and the number of defendants released 
 with electronic monitoring;
  (3) information regarding persons detained in the 
 county jail pretrial, including, but not limited to, the 
 number of persons detained in the jail pretrial and the 
 number detained in the jail for other reasons, the 
 demographics of the pretrial jail population, race, sex, 
 sexual orientation, gender identity, age, and ethnicity, 
 the charges including on which pretrial defendants are 
 detained, the average length of stay of pretrial 
 defendants;
  (4) information regarding persons placed on electronic 
 monitoring programs pretrial, including, but not limited 
 to, the number of participants, the demographics of the 
 participant population, including race, sex, sexual 
 orientation, gender identity, age, and ethnicity, the 
 charges on which participants are ordered to the program, 
 and the average length of participation in the program;
  (5) discharge data regarding persons detained pretrial 
 in the county jail, including, but not limited to, the 
 number who are sentenced to the Illinois Department of 
 Corrections, the number released after being sentenced to 
 time served, the number who are released on probation, 
 conditional discharge, or other community supervision, the 
 number found not guilty, the number whose cases are 
 dismissed, the number whose cases are dismissed as part of 
 diversion or deferred prosecution program, and the number 
 who are released pretrial after a hearing re-examining 
 their pretrial detention;
  (6) information on the pretrial rearrest of 
 individuals released pretrial, including the number 
 arrested and charged with a new misdemeanor offense while 
 released, the number arrested and charged with a new 
 felony offense while released, and the number arrested and 
 charged with a new forcible felony offense while released, 
 and how long after release these arrests occurred;
  (7) information on the pretrial failure to appear 
 rates of individuals released pretrial, including the 
 number who missed one or more court dates, how many 
 warrants for failures to appear were issued, and how many 
 individuals were detained pretrial or placed on electronic 
 monitoring pretrial after a failure to appear in court;
  (8) what, if any, validated pretrial risk assessment 
 tools are in use in each jurisdiction, and comparisons of 
 the pretrial release and pretrial detention decisions of 
 judges as compared to and the risk assessment scores of 
 individuals; and
  (9) any other information the Pretrial Practices Data 
 Oversight Board considers important and probative of the 
 effectiveness of pretrial practices in the State state of 
 Illinois.

 (d) d) Circuit clerks' offices, sheriff's departments, law 
enforcement agencies, jails, pretrial departments, probation 
department, State's Attorneys' offices, public defenders' 
offices and other applicable criminal justice system agencies 
are mandated to provide data to the Administrative Office of 
the Illinois Courts as described in subsection (c). 

(Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.)

 Section 215. The State Finance Act is amended by setting 
forth and renumbering multiple
versions of Sections 5.935, 
5.937, and 5.938, by setting forth, renumbering, and changing 
multiple versions of Sections 5.936 and 6z-125, and by 
changing Sections 6z-82, 6z-99, 8.3, and 25 as follows:

 (30 ILCS 105/5.935)
 Sec. 5.935. The Freedom Schools Fund.
(Source: P.A. 101-654, eff. 3-8-21.)



 (30 ILCS 105/5.936)


 Sec. 5.936. The Law Enforcement Training Fund.
(Source: P.A. 102-16, eff. 6-17-21.)


 (30 ILCS 105/5.937)
 Sec. 5.937. The Sickle Cell Chronic Disease Fund.
(Source: P.A. 102-4, eff. 4-27-21.)

 (30 ILCS 105/5.938)
 Sec. 5.938. The DoIT Special Projects Fund.
(Source: P.A. 102-16, eff. 6-17-21.)



 (30 ILCS 105/5.942)


 Sec. 5.942 5.935. The Equal Pay Registration Fund.
(Source: P.A. 101-656, eff. 3-23-21; revised 10-5-21.)




 (30 ILCS 105/5.943)


 Sec. 5.943 5.935. The Capital Facility and Technology 
Modernization Fund.
(Source: P.A. 101-665, eff. 4-2-21; revised 10-5-21.)




 (30 ILCS 105/5.944)


 Sec. 5.944 5.935. The Managed Care Oversight Fund.
(Source: P.A. 102-4, Article 160, Section 160-5, eff. 4-27-21; 
revised 10-5-21.)




 (30 ILCS 105/5.945)


 Sec. 5.945 5.935. The Medicaid Technical Assistance Center 
Fund.
(Source: P.A. 102-4, Article 185, Section 185-90, eff. 
4-27-21; revised 10-5-21.)




 (30 ILCS 105/5.946)


 Sec. 5.946 5.935. The State Police Training and Academy 
Fund.
(Source: P.A. 102-16, eff. 6-17-21; revised 10-5-21.)




 (30 ILCS 105/5.947)


 Sec. 5.947 5.935. The Ronald McDonald House Charities 
Fund.
(Source: P.A. 102-73, eff. 7-9-21; revised 10-5-21.)




 (30 ILCS 105/5.948)


 Sec. 5.948 5.935. The Illinois Higher Education Savings 
Program Fund.
(Source: P.A. 102-129, eff. 7-23-21; revised 10-5-21.)




 (30 ILCS 105/5.949)


 Sec. 5.949 5.935. The Infrastructure Development Fund.
(Source: P.A. 102-141, eff. 7-23-21; revised 10-5-21.)




 (30 ILCS 105/5.950)


 Sec. 5.950 5.935. The Water and Sewer Low-Income 
Assistance Fund.
(Source: P.A. 102-262, eff. 8-6-21; revised 10-5-21.)




 (30 ILCS 105/5.951)


 Sec. 5.951 5.935. The Department of Juvenile Justice 
Reimbursement and Education Fund.
(Source: P.A. 102-350, eff. 8-13-21; revised 10-5-21.)




 (30 ILCS 105/5.952)


 Sec. 5.952 5.935. The Folds of Honor Foundation Fund.
(Source: P.A. 102-383, eff. 1-1-22; revised 10-5-21.)




 (30 ILCS 105/5.953)


 Sec. 5.953 5.935. The Experimental Aircraft Association 
Fund.
(Source: P.A. 102-422, eff. 8-20-21; revised 10-5-21.)




 (30 ILCS 105/5.954)


 Sec. 5.954 5.935. The Child Abuse Council of the Quad 
Cities Fund.
(Source: P.A. 102-423, eff. 8-20-21; revised 10-5-21.)




 (30 ILCS 105/5.955)


 Sec. 5.955 5.935. The Illinois Health Care Workers Benefit 
Fund.
(Source: P.A. 102-515, eff. 1-1-22; revised 10-5-21.)




 (30 ILCS 105/5.956)


 Sec. 5.956 5.935. The Pembroke Township Natural Gas 
Investment Pilot Program Fund.
(Source: P.A. 102-609, eff. 8-27-21; revised 10-5-21.)




 (30 ILCS 105/5.957)


 Sec. 5.957 5.935. The Illinois Broadband Adoption Fund.
(Source: P.A. 102-648, eff. 8-27-21; revised 10-5-21.)




 (30 ILCS 105/5.958)


 Sec. 5.958 5.935. The Coal to Solar and Energy Storage 
Initiative Fund.
(Source: P.A. 102-662, eff. 9-15-21; revised 10-5-21.)




 (30 ILCS 105/5.959)


 Sec. 5.959 5.936. The Illinois Small Business Fund.
(Source: P.A. 102-330, eff. 1-1-22; revised 10-5-21.)




 (30 ILCS 105/5.960)


 Sec. 5.960 5.936. The Energy Transition Assistance Fund.
(Source: P.A. 102-662, eff. 9-15-21; revised 10-5-21.)




 (30 ILCS 105/5.961)


 Sec. 5.961 5.937. The Consumer Intervenor Compensation 
Fund.
(Source: P.A. 102-662, eff. 9-15-21; revised 10-5-21.)




 (30 ILCS 105/5.962)


 (This Section may contain text from a Public Act with a 
delayed effective date)
 Sec. 5.962 5.938. The Electronic Notarization Fund.
(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for 
effective date of P.A. 102-160); revised 10-5-21.)




 (30 ILCS 105/5.963)


 Sec. 5.963 5.938. The State Police Revocation Enforcement 
Fund.
(Source: P.A. 102-237, eff. 1-1-22; revised 10-5-21.)




 (30 ILCS 105/5.964)


 Sec. 5.964 5.938. The Lead Service Line Replacement Fund.
(Source: P.A. 102-613, eff. 1-1-22; revised 10-5-21.)


 (30 ILCS 105/6z-82)
 Sec. 6z-82. State Police Operations Assistance Fund.
 (a) There is created in the State treasury a special fund 
known as the State Police Operations Assistance Fund. The Fund 
shall receive revenue under the Criminal and Traffic 
Assessment Act. The Fund may also receive revenue from grants, 
donations, appropriations, and any other legal source.
 (a-5) Notwithstanding any other provision of law to the 
contrary, and in addition to any other transfers that may be 
provided by law, on August 20, 2021 (the effective date of 
Public Act 102-505) this amendatory Act of the 102nd General 
Assembly, or as soon thereafter as practical, the State 
Comptroller shall direct and the State Treasurer shall 
transfer the remaining balance from the Over Dimensional Load 
Police Escort Fund into the State Police Operations Assistance 
Fund. Upon completion of the transfer, the Over Dimensional 
Load Police Escort Fund is dissolved, and any future deposits 
due to that Fund and any outstanding obligations or 
liabilities of that Fund shall pass to the State Police 
Operations Assistance Fund.
 This Fund may charge, collect, and receive fees or moneys 
as described in Section 15-312 of the Illinois Vehicle Code, 
and receive all fees received by the Illinois State Police 
under that Section. The moneys shall be used by the Illinois 
State Police for its expenses in providing police escorts and 
commercial vehicle enforcement activities. 
 (b) The Illinois State Police may use moneys in the Fund to 
finance any of its lawful purposes or functions.
 (c) Expenditures may be made from the Fund only as 
appropriated by the General Assembly by law.
 (d) Investment income that is attributable to the 
investment of moneys in the Fund shall be retained in the Fund 
for the uses specified in this Section. 
 (e) The State Police Operations Assistance Fund shall not 
be subject to administrative chargebacks. 

 (f) (Blank). the Illinois
 (g) Notwithstanding any other provision of State law to 
the contrary, on or after July 1, 2021, in addition to any 
other transfers that may be provided for by law, at the 
direction of and upon notification from the Director of the 
Illinois State Police, the State Comptroller shall direct and 
the State Treasurer shall transfer amounts not exceeding 
$7,000,000 into the State Police Operations Assistance Fund 
from the State Police Services Fund. 
(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; 
102-538, eff. 8-20-21; revised 10-22-21.)

 (30 ILCS 105/6z-99)
 Sec. 6z-99. The Mental Health Reporting Fund.
 (a) There is created in the State treasury a special fund 
known as the Mental Health Reporting Fund. The Fund shall 
receive revenue under the Firearm Concealed Carry Act. The 
Fund may also receive revenue from grants, pass-through 
grants, donations, appropriations, and any other legal source.
 (b) The Illinois State Police and Department of Human 
Services shall coordinate to use moneys in the Fund to finance 
their respective duties of collecting and reporting data on 
mental health records and ensuring that mental health firearm 
possession prohibitors are enforced as set forth under the 
Firearm Concealed Carry Act and the Firearm Owners 
Identification Card Act. Any surplus in the Fund beyond what 
is necessary to ensure compliance with mental health reporting 
under these Acts shall be used by the Department of Human 
Services for mental health treatment programs as follows: (1) 
50% shall be used to fund
community-based mental health 
programs aimed at reducing gun
violence, community integration 
and education, or mental
health awareness and prevention, 
including administrative
costs; and (2) 50% shall be used to 
award grants that use and
promote the National School Mental 
Health Curriculum model for
school-based mental health 
support, integration, and services.
 (c) Investment income that is attributable to the 
investment of moneys in the Fund shall be retained in the Fund 
for the uses specified in this Section.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-26-21.)

 (30 ILCS 105/6z-125)
 Sec. 6z-125. State Police Training and Academy Fund. The 
State Police Training and Academy Fund is hereby created as a 
special fund in the State treasury. Moneys in the Fund shall 
consist of: (i) 10% of the revenue from increasing the 
insurance producer license fees, as provided under subsection 
(a-5) of Section 500-135 of the Illinois Insurance Code; and 
(ii) 10% of the moneys collected from auto insurance policy 
fees under Section 8.6 of the Illinois Motor Vehicle Theft 
Prevention and Insurance Verification Act. This Fund shall be 
used by the Illinois State Police to fund training and other 
State Police institutions, including, but not limited to, 
forensic laboratories.

(Source: P.A. 102-16, eff. 6-17-21.)



 (30 ILCS 105/6z-127)


 Sec. 6z-127 6z-125. State Police Revocation Enforcement 
Fund.
 (a) The State Police Revocation Enforcement Fund is 
established as a special fund in the State treasury. This Fund 
is established to receive moneys from the Firearm Owners 
Identification Card Act to enforce that Act, the Firearm 
Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
and other firearm offenses. The Fund may also receive revenue 
from grants, donations, appropriations, and any other legal 
source.
 (b) The Illinois State Police may use moneys from the Fund 
to establish task forces and, if necessary, include other law 
enforcement agencies, under intergovernmental contracts 
written and executed in conformity with the Intergovernmental 
Cooperation Act.
 (c) The Illinois State Police may use moneys in the Fund to 
hire and train State Police officers and for the prevention of 
violent crime.
 (d) The State Police Revocation Enforcement Fund is not 
subject to administrative chargebacks.
 (e) Law enforcement agencies that participate in Firearm 
Owner's Identification Card revocation enforcement in the 
Violent Crime Intelligence Task Force may apply for grants 
from the Illinois State Police.

(Source: P.A. 102-237, eff. 1-1-22; revised 11-9-21.)


 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
 Sec. 8.3. Money in the Road Fund shall, if and when the 
State of
Illinois incurs any bonded indebtedness for the 
construction of
permanent highways, be set aside and used for 
the purpose of paying and
discharging annually the principal 
and interest on that bonded
indebtedness then due and payable, 
and for no other purpose. The
surplus, if any, in the Road Fund 
after the payment of principal and
interest on that bonded 
indebtedness then annually due shall be used as
follows:
  first -- to pay the cost of administration of Chapters 
 2 through 10 of
the Illinois Vehicle Code, except the cost 
 of administration of Articles I and
II of Chapter 3 of that 
 Code, and to pay the costs of the Executive Ethics 
 Commission for oversight and administration of the Chief 
 Procurement Officer appointed under paragraph (2) of 
 subsection (a) of Section 10-20 of the Illinois 
 Procurement Code for transportation; and
  secondly -- for expenses of the Department of 
 Transportation for
construction, reconstruction, 
 improvement, repair, maintenance,
operation, and 
 administration of highways in accordance with the

 provisions of laws relating thereto, or for any purpose 
 related or
incident to and connected therewith, including 
 the separation of grades
of those highways with railroads 
 and with highways and including the
payment of awards made 
 by the Illinois Workers' Compensation Commission under the 
 terms of
the Workers' Compensation Act or Workers' 
 Occupational Diseases Act for
injury or death of an 
 employee of the Division of Highways in the
Department of 
 Transportation; or for the acquisition of land and the

 erection of buildings for highway purposes, including the 
 acquisition of
highway right-of-way or for investigations 
 to determine the reasonably
anticipated future highway 
 needs; or for making of surveys, plans,
specifications and 
 estimates for and in the construction and maintenance
of 
 flight strips and of highways necessary to provide access 
 to military
and naval reservations, to defense industries 
 and defense-industry
sites, and to the sources of raw 
 materials and for replacing existing
highways and highway 
 connections shut off from general public use at
military 
 and naval reservations and defense-industry sites, or for 
 the
purchase of right-of-way, except that the State shall 
 be reimbursed in
full for any expense incurred in building 
 the flight strips; or for the
operating and maintaining of 
 highway garages; or for patrolling and
policing the public 
 highways and conserving the peace; or for the operating 
 expenses of the Department relating to the administration 
 of public transportation programs; or, during fiscal year 
 2021 only, for the purposes of a grant not to exceed 
 $8,394,800 to the Regional Transportation Authority on 
 behalf of PACE for the purpose of ADA/Para-transit 
 expenses; or, during fiscal year 2022 only, for the 
 purposes of a grant not to exceed $8,394,800 to the 
 Regional Transportation Authority on behalf of PACE for 
 the purpose of ADA/Para-transit expenses; or for any of

 those purposes or any other purpose that may be provided 
 by law.
 Appropriations for any of those purposes are payable from 
the Road
Fund. Appropriations may also be made from the Road 
Fund for the
administrative expenses of any State agency that 
are related to motor
vehicles or arise from the use of motor 
vehicles.
 Beginning with fiscal year 1980 and thereafter, no Road 
Fund monies
shall be appropriated to the following Departments 
or agencies of State
government for administration, grants, or 
operations; but this
limitation is not a restriction upon 
appropriating for those purposes any
Road Fund monies that are 
eligible for federal reimbursement:
  1. Department of Public Health;
  2. Department of Transportation, only with respect to 
 subsidies for
one-half fare Student Transportation and 
 Reduced Fare for Elderly, except fiscal year 2021 only 
 when no more than $17,570,000 may be expended and except 
 fiscal year 2022 only when no more than $17,570,000 may be 
 expended;
  3. Department of Central Management
Services, except 
 for expenditures
incurred for group insurance premiums of 
 appropriate personnel;
  4. Judicial Systems and Agencies.
 Beginning with fiscal year 1981 and thereafter, no Road 
Fund monies
shall be appropriated to the following Departments 
or agencies of State
government for administration, grants, or 
operations; but this
limitation is not a restriction upon 
appropriating for those purposes any
Road Fund monies that are 
eligible for federal reimbursement:
  1. Illinois State Police, except for expenditures with

 respect to the Division of Patrol Operations and Division 
 of Criminal Investigation;
  2. Department of Transportation, only with respect to 
 Intercity Rail
Subsidies, except fiscal year 2021 only 
 when no more than $50,000,000 may be expended and except 
 fiscal year 2022 only when no more than $50,000,000 may be 
 expended, and Rail Freight Services.
 Beginning with fiscal year 1982 and thereafter, no Road 
Fund monies
shall be appropriated to the following Departments 
or agencies of State
government for administration, grants, or 
operations; but this
limitation is not a restriction upon 
appropriating for those purposes any
Road Fund monies that are 
eligible for federal reimbursement: Department
of Central 
Management Services, except for awards made by
the Illinois 
Workers' Compensation Commission under the terms of the 
Workers' Compensation Act
or Workers' Occupational Diseases 
Act for injury or death of an employee of
the Division of 
Highways in the Department of Transportation.
 Beginning with fiscal year 1984 and thereafter, no Road 
Fund monies
shall be appropriated to the following Departments 
or agencies of State
government for administration, grants, or 
operations; but this
limitation is not a restriction upon 
appropriating for those purposes any
Road Fund monies that are 
eligible for federal reimbursement:
  1. Illinois State Police, except not more than 40% of 
 the
funds appropriated for the Division of Patrol 
 Operations and Division of Criminal Investigation;
  2. State Officers.
 Beginning with fiscal year 1984 and thereafter, no Road 
Fund monies
shall be appropriated to any Department or agency 
of State government
for administration, grants, or operations 
except as provided hereafter;
but this limitation is not a 
restriction upon appropriating for those
purposes any Road 
Fund monies that are eligible for federal
reimbursement. It 
shall not be lawful to circumvent the above
appropriation 
limitations by governmental reorganization or other
methods. 
Appropriations shall be made from the Road Fund only in

accordance with the provisions of this Section.
 Money in the Road Fund shall, if and when the State of 
Illinois
incurs any bonded indebtedness for the construction 
of permanent
highways, be set aside and used for the purpose of 
paying and
discharging during each fiscal year the principal 
and interest on that
bonded indebtedness as it becomes due and 
payable as provided in the
Transportation Bond Act, and for no 
other
purpose. The surplus, if any, in the Road Fund after the 
payment of
principal and interest on that bonded indebtedness 
then annually due
shall be used as follows:
  first -- to pay the cost of administration of Chapters 
 2 through 10
of the Illinois Vehicle Code; and
  secondly -- no Road Fund monies derived from fees, 
 excises, or
license taxes relating to registration, 
 operation and use of vehicles on
public highways or to 
 fuels used for the propulsion of those vehicles,
shall be 
 appropriated or expended other than for costs of 
 administering
the laws imposing those fees, excises, and 
 license taxes, statutory
refunds and adjustments allowed 
 thereunder, administrative costs of the
Department of 
 Transportation, including, but not limited to, the 
 operating expenses of the Department relating to the 
 administration of public transportation programs, payment 
 of debts and liabilities incurred
in construction and 
 reconstruction of public highways and bridges,
acquisition 
 of rights-of-way for and the cost of construction,

 reconstruction, maintenance, repair, and operation of 
 public highways and
bridges under the direction and 
 supervision of the State, political
subdivision, or 
 municipality collecting those monies, or during fiscal 
 year 2021 only for the purposes of a grant not to exceed 
 $8,394,800 to the Regional Transportation Authority on 
 behalf of PACE for the purpose of ADA/Para-transit 
 expenses, or during fiscal year 2022 only for the purposes 
 of a grant not to exceed $8,394,800 to the Regional 
 Transportation Authority on behalf of PACE for the purpose 
 of ADA/Para-transit expenses, and the costs for
patrolling 
 and policing the public highways (by the State, political

 subdivision, or municipality collecting that money) for 
 enforcement of
traffic laws. The separation of grades of 
 such highways with railroads
and costs associated with 
 protection of at-grade highway and railroad
crossing shall 
 also be permissible.
 Appropriations for any of such purposes are payable from 
the Road
Fund or the Grade Crossing Protection Fund as 
provided in Section 8 of
the Motor Fuel Tax Law.
 Except as provided in this paragraph, beginning with 
fiscal year 1991 and
thereafter, no Road Fund monies
shall be 
appropriated to the Illinois State Police for the purposes of

this Section in excess of its total fiscal year 1990 Road Fund

appropriations for those purposes unless otherwise provided in 
Section 5g of
this Act.
For fiscal years 2003,
2004, 2005, 
2006, and 2007 only, no Road Fund monies shall
be appropriated 
to the
Department of State Police for the purposes of this 
Section in excess of
$97,310,000.
For fiscal year 2008 only, 
no Road
Fund monies shall be appropriated to the Department of 
State Police for the purposes of
this Section in excess of 
$106,100,000. For fiscal year 2009 only, no Road Fund monies 
shall be appropriated to the Department of State Police for 
the purposes of this Section in excess of $114,700,000. 
Beginning in fiscal year 2010, no road fund moneys shall be 
appropriated to the Illinois State Police. It shall not be 
lawful to circumvent this limitation on
appropriations by 
governmental reorganization or other methods unless
otherwise 
provided in Section 5g of this Act.
 In fiscal year 1994, no Road Fund monies shall be 
appropriated
to the
Secretary of State for the purposes of 
this Section in excess of the total
fiscal year 1991 Road Fund 
appropriations to the Secretary of State for
those purposes, 
plus $9,800,000. It
shall not be
lawful to circumvent
this 
limitation on appropriations by governmental reorganization or 
other
method.
 Beginning with fiscal year 1995 and thereafter, no Road 
Fund
monies
shall be appropriated to the Secretary of State 
for the purposes of this
Section in excess of the total fiscal 
year 1994 Road Fund
appropriations to
the Secretary of State 
for those purposes. It shall not be lawful to
circumvent this 
limitation on appropriations by governmental reorganization
or 
other methods.
 Beginning with fiscal year 2000, total Road Fund 
appropriations to the
Secretary of State for the purposes of 
this Section shall not exceed the
amounts specified for the 
following fiscal years:
 Fiscal Year 2000$80,500,000;
 Fiscal Year 2001$80,500,000;
 Fiscal Year 2002$80,500,000;
 Fiscal Year 2003$130,500,000;
 Fiscal Year 2004$130,500,000;
 Fiscal Year 2005$130,500,000;

 Fiscal Year 2006
$130,500,000;

 Fiscal Year 2007
$130,500,000;

 Fiscal Year 2008$130,500,000; 
 Fiscal Year 2009 $130,500,000. 
 For fiscal year 2010, no road fund moneys shall be 
appropriated to the Secretary of State. 
 Beginning in fiscal year 2011, moneys in the Road Fund 
shall be appropriated to the Secretary of State for the 
exclusive purpose of paying refunds due to overpayment of fees 
related to Chapter 3 of the Illinois Vehicle Code unless 
otherwise provided for by law. 
 It shall not be lawful to circumvent this limitation on 
appropriations by
governmental reorganization or other 
methods.
 No new program may be initiated in fiscal year 1991 and

thereafter that is not consistent with the limitations imposed 
by this
Section for fiscal year 1984 and thereafter, insofar 
as appropriation of
Road Fund monies is concerned.
 Nothing in this Section prohibits transfers from the Road 
Fund to the
State Construction Account Fund under Section 5e 
of this Act; nor to the
General Revenue Fund, as authorized by 
Public Act 93-25.
 The additional amounts authorized for expenditure in this 
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

shall be repaid to the Road Fund
from the General Revenue Fund 
in the next succeeding fiscal year that the
General Revenue 
Fund has a positive budgetary balance, as determined by

generally accepted accounting principles applicable to 
government.
 The additional amounts authorized for expenditure by the 
Secretary of State
and
the Department of State Police in this 
Section by Public Act 94-91 shall be repaid to the Road Fund 
from the General Revenue Fund in the
next
succeeding fiscal 
year that the General Revenue Fund has a positive budgetary

balance,
as determined by generally accepted accounting 
principles applicable to
government.
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 
102-16, eff. 6-17-21; 102-538, eff. 8-20-21; revised 
10-15-21.)




 (30 ILCS 105/25) (from Ch. 127, par. 161)



 Sec. 25. Fiscal year limitations. 

 (a) All appropriations shall be
available for expenditure 
for the fiscal year or for a lesser period if the
Act making 
that appropriation so specifies. A deficiency or emergency

appropriation shall be available for expenditure only through 
June 30 of
the year when the Act making that appropriation is 
enacted unless that Act
otherwise provides.

 (b) Outstanding liabilities as of June 30, payable from 
appropriations
which have otherwise expired, may be paid out 
of the expiring
appropriations during the 2-month period 
ending at the
close of business on August 31. Any service 
involving
professional or artistic skills or any personal 
services by an employee whose
compensation is subject to 
income tax withholding must be performed as of June
30 of the 
fiscal year in order to be considered an "outstanding 
liability as of
June 30" that is thereby eligible for payment 
out of the expiring
appropriation.

 (b-1) However, payment of tuition reimbursement claims 
under Section 14-7.03 or
18-3 of the School Code may be made by 
the State Board of Education from its
appropriations for those 
respective purposes for any fiscal year, even though
the 
claims reimbursed by the payment may be claims attributable to 
a prior
fiscal year, and payments may be made at the direction 
of the State
Superintendent of Education from the fund from 
which the appropriation is made
without regard to any fiscal 
year limitations, except as required by subsection (j) of this 
Section. Beginning on June 30, 2021, payment of tuition 
reimbursement claims under Section 14-7.03 or 18-3 of the 
School Code as of June 30, payable from appropriations that 
have otherwise expired, may be paid out of the expiring 
appropriation during the 4-month period ending at the close of 
business on October 31.

 (b-2) (Blank).
 (b-2.5) (Blank). 
 (b-2.6) (Blank). 
 (b-2.6a) (Blank). 
 (b-2.6b) (Blank). 
 (b-2.6c) (Blank). 
 (b-2.6d) All outstanding liabilities as of June 30, 2020, 
payable from appropriations that would otherwise expire at the 
conclusion of the lapse period for fiscal year 2020, and 
interest penalties payable on those liabilities under the 
State Prompt Payment Act, may be paid out of the expiring 
appropriations until December 31, 2020, without regard to the 
fiscal year in which the payment is made, as long as vouchers 
for the liabilities are received by the Comptroller no later 
than September 30, 2020. 
 (b-2.6e) All outstanding liabilities as of June 30, 2021, 
payable from appropriations that would otherwise expire at the 
conclusion of the lapse period for fiscal year 2021, and 
interest penalties payable on those liabilities under the 
State Prompt Payment Act, may be paid out of the expiring 
appropriations until September 30, 2021, without regard to the 
fiscal year in which the payment is made. 
 (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019, 
2020, 2021, and 2022, interest penalties payable under the 
State Prompt Payment Act associated with a voucher for which 
payment is issued after June 30 may be paid out of the next 
fiscal year's appropriation. The future year appropriation 
must be for the same purpose and from the same fund as the 
original payment. An interest penalty voucher submitted 
against a future year appropriation must be submitted within 
60 days after the issuance of the associated voucher, except 
that, for fiscal year 2018 only, an interest penalty voucher 
submitted against a future year appropriation must be 
submitted within 60 days of June 5, 2019 (the effective date of 
Public Act 101-10). The Comptroller must issue the interest 
payment within 60 days after acceptance of the interest 
voucher. 
 (b-3) Medical payments may be made by the Department of 
Veterans' Affairs from
its
appropriations for those purposes 
for any fiscal year, without regard to the
fact that the 
medical services being compensated for by such payment may 
have
been rendered in a prior fiscal year, except as required 
by subsection (j) of this Section. Beginning on June 30, 2021, 
medical payments payable from appropriations that have 
otherwise expired may be paid out of the expiring 
appropriation during the 4-month period ending at the close of 
business on October 31.

 (b-4) Medical payments and child care
payments may be made 
by the Department of
Human Services (as successor to the 
Department of Public Aid) from
appropriations for those 
purposes for any fiscal year,
without regard to the fact that 
the medical or child care services being
compensated for by 
such payment may have been rendered in a prior fiscal
year; and 
payments may be made at the direction of the Department of

Healthcare and Family Services (or successor agency) from the 
Health Insurance Reserve Fund without regard to any fiscal

year limitations, except as required by subsection (j) of this 
Section. Beginning on June 30, 2021, medical and child care 
payments made by the Department of Human Services and payments 
made at the discretion of the Department of Healthcare and 
Family Services (or successor agency) from the Health 
Insurance Reserve Fund and payable from appropriations that 
have otherwise expired may be paid out of the expiring 
appropriation during the 4-month period ending at the close of 
business on October 31.

 (b-5) Medical payments may be made by the Department of 
Human Services from its appropriations relating to substance 
abuse treatment services for any fiscal year, without regard 
to the fact that the medical services being compensated for by 
such payment may have been rendered in a prior fiscal year, 
provided the payments are made on a fee-for-service basis 
consistent with requirements established for Medicaid 
reimbursement by the Department of Healthcare and Family 
Services, except as required by subsection (j) of this 
Section. Beginning on June 30, 2021, medical payments made by 
the Department of Human Services relating to substance abuse 
treatment services payable from appropriations that have 
otherwise expired may be paid out of the expiring 
appropriation during the 4-month period ending at the close of 
business on October 31.
 (b-6) (Blank).

 (b-7) Payments may be made in accordance with a plan 
authorized by paragraph (11) or (12) of Section 405-105 of the 
Department of Central Management Services Law from 
appropriations for those payments without regard to fiscal 
year limitations. 
 (b-8) Reimbursements to eligible airport sponsors for the 
construction or upgrading of Automated Weather Observation 
Systems may be made by the Department of Transportation from 
appropriations for those purposes for any fiscal year, without 
regard to the fact that the qualification or obligation may 
have occurred in a prior fiscal year, provided that at the time 
the expenditure was made the project had been approved by the 
Department of Transportation prior to June 1, 2012 and, as a 
result of recent changes in federal funding formulas, can no 
longer receive federal reimbursement. 
 (b-9) (Blank). 
 (c) Further, payments may be made by the Department of 
Public Health and the
Department of Human Services (acting as 
successor to the Department of Public
Health under the 
Department of Human Services Act)
from their respective 
appropriations for grants for medical care to or on
behalf of 
premature and high-mortality risk infants and their mothers 
and
for grants for supplemental food supplies provided under 
the United States
Department of Agriculture Women, Infants and 
Children Nutrition Program,
for any fiscal year without regard 
to the fact that the services being
compensated for by such 
payment may have been rendered in a prior fiscal year, except 
as required by subsection (j) of this Section. Beginning on 
June 30, 2021, payments made by the Department of Public 
Health and the Department of Human Services from their 
respective appropriations for grants for medical care to or on 
behalf of premature and high-mortality risk infants and their 
mothers and for grants for supplemental food supplies provided 
under the United States Department of Agriculture Women, 
Infants and Children Nutrition Program payable from 
appropriations that have otherwise expired may be paid out of 
the expiring appropriations during the 4-month period ending 
at the close of business on October 31.

 (d) The Department of Public Health and the Department of 
Human Services
(acting as successor to the Department of 
Public Health under the Department of
Human Services Act) 
shall each annually submit to the State Comptroller, Senate

President, Senate
Minority Leader, Speaker of the House, House 
Minority Leader, and the
respective Chairmen and Minority 
Spokesmen of the
Appropriations Committees of the Senate and 
the House, on or before
December 31, a report of fiscal year 
funds used to pay for services
provided in any prior fiscal 
year. This report shall document by program or
service 
category those expenditures from the most recently completed 
fiscal
year used to pay for services provided in prior fiscal 
years.

 (e) The Department of Healthcare and Family Services, the 
Department of Human Services
(acting as successor to the 
Department of Public Aid), and the Department of Human 
Services making fee-for-service payments relating to substance 
abuse treatment services provided during a previous fiscal 
year shall each annually
submit to the State
Comptroller, 
Senate President, Senate Minority Leader, Speaker of the 
House,
House Minority Leader, the respective Chairmen and 
Minority Spokesmen of the
Appropriations Committees of the 
Senate and the House, on or before November
30, a report that 
shall document by program or service category those

expenditures from the most recently completed fiscal year used 
to pay for (i)
services provided in prior fiscal years and (ii) 
services for which claims were
received in prior fiscal years.

 (f) The Department of Human Services (as successor to the 
Department of
Public Aid) shall annually submit to the State

Comptroller, Senate President, Senate Minority Leader, Speaker 
of the House,
House Minority Leader, and the respective 
Chairmen and Minority Spokesmen of
the Appropriations 
Committees of the Senate and the House, on or before
December 
31, a report
of fiscal year funds used to pay for services 
(other than medical care)
provided in any prior fiscal year. 
This report shall document by program or
service category 
those expenditures from the most recently completed fiscal

year used to pay for services provided in prior fiscal years.

 (g) In addition, each annual report required to be 
submitted by the
Department of Healthcare and Family Services 
under subsection (e) shall include the following
information 
with respect to the State's Medicaid program:

  (1) Explanations of the exact causes of the variance 
 between the previous
year's estimated and actual 
 liabilities.

  (2) Factors affecting the Department of Healthcare and 
 Family Services' liabilities,
including, but not limited 
 to, numbers of aid recipients, levels of medical
service 
 utilization by aid recipients, and inflation in the cost 
 of medical
services.

  (3) The results of the Department's efforts to combat 
 fraud and abuse.

 (h) As provided in Section 4 of the General Assembly 
Compensation Act,
any utility bill for service provided to a 
General Assembly
member's district office for a period 
including portions of 2 consecutive
fiscal years may be paid 
from funds appropriated for such expenditure in
either fiscal 
year.

 (i) An agency which administers a fund classified by the 
Comptroller as an
internal service fund may issue rules for:

  (1) billing user agencies in advance for payments or 
 authorized inter-fund transfers
based on estimated charges 
 for goods or services;

  (2) issuing credits, refunding through inter-fund 
 transfers, or reducing future inter-fund transfers
during

 the subsequent fiscal year for all user agency payments or 
 authorized inter-fund transfers received during the
prior 
 fiscal year which were in excess of the final amounts owed 
 by the user
agency for that period; and

  (3) issuing catch-up billings to user agencies
during 
 the subsequent fiscal year for amounts remaining due when 
 payments or authorized inter-fund transfers
received from 
 the user agency during the prior fiscal year were less 
 than the
total amount owed for that period.

User agencies are authorized to reimburse internal service 
funds for catch-up
billings by vouchers drawn against their 
respective appropriations for the
fiscal year in which the 
catch-up billing was issued or by increasing an authorized 
inter-fund transfer during the current fiscal year. For the 
purposes of this Act, "inter-fund transfers" means transfers 
without the use of the voucher-warrant process, as authorized 
by Section 9.01 of the State Comptroller Act.

 (i-1) Beginning on July 1, 2021, all outstanding 
liabilities, not payable during the 4-month lapse period as 
described in subsections (b-1), (b-3), (b-4), (b-5), and (c) 
of this Section, that are made from appropriations for that 
purpose for any fiscal year, without regard to the fact that 
the services being compensated for by those payments may have 
been rendered in a prior fiscal year, are limited to only those 
claims that have been incurred but for which a proper bill or 
invoice as defined by the State Prompt Payment Act has not been 
received by September 30th following the end of the fiscal 
year in which the service was rendered. 
 (j) Notwithstanding any other provision of this Act, the 
aggregate amount of payments to be made without regard for 
fiscal year limitations as contained in subsections (b-1), 
(b-3), (b-4), (b-5), and (c) of this Section, and determined 
by using Generally Accepted Accounting Principles, shall not 
exceed the following amounts: 
  (1) $6,000,000,000 for outstanding liabilities related 
 to fiscal year 2012; 
  (2) $5,300,000,000 for outstanding liabilities related 
 to fiscal year 2013; 
  (3) $4,600,000,000 for outstanding liabilities related 
 to fiscal year 2014; 
  (4) $4,000,000,000 for outstanding liabilities related 
 to fiscal year 2015; 
  (5) $3,300,000,000 for outstanding liabilities related 
 to fiscal year 2016; 
  (6) $2,600,000,000 for outstanding liabilities related 
 to fiscal year 2017; 
  (7) $2,000,000,000 for outstanding liabilities related 
 to fiscal year 2018; 
  (8) $1,300,000,000 for outstanding liabilities related 
 to fiscal year 2019; 
  (9) $600,000,000 for outstanding liabilities related 
 to fiscal year 2020; and 
  (10) $0 for outstanding liabilities related to fiscal 
 year 2021 and fiscal years thereafter. 
 (k) Department of Healthcare and Family Services Medical 
Assistance Payments. 
  (1) Definition of Medical Assistance. 
   For purposes of this subsection, the term "Medical 
 Assistance" shall include, but not necessarily be 
 limited to, medical programs and services authorized 
 under Titles XIX and XXI of the Social Security Act, 
 the Illinois Public Aid Code, the Children's Health 
 Insurance Program Act, the Covering ALL KIDS Health 
 Insurance Act, the Long Term Acute Care Hospital 
 Quality Improvement Transfer Program Act, and medical 
 care to or on behalf of persons suffering from chronic 
 renal disease, persons suffering from hemophilia, and 
 victims of sexual assault. 
  (2) Limitations on Medical Assistance payments that 
 may be paid from future fiscal year appropriations. 
   (A) The maximum amounts of annual unpaid Medical 
 Assistance bills received and recorded by the 
 Department of Healthcare and Family Services on or 
 before June 30th of a particular fiscal year 
 attributable in aggregate to the General Revenue Fund, 
 Healthcare Provider Relief Fund, Tobacco Settlement 
 Recovery Fund, Long-Term Care Provider Fund, and the 
 Drug Rebate Fund that may be paid in total by the 
 Department from future fiscal year Medical Assistance 
 appropriations to those funds are:
$700,000,000 for 
 fiscal year 2013 and $100,000,000 for fiscal year 2014 
 and each fiscal year thereafter. 
   (B) Bills for Medical Assistance services rendered 
 in a particular fiscal year, but received and recorded 
 by the Department of Healthcare and Family Services 
 after June 30th of that fiscal year, may be paid from 
 either appropriations for that fiscal year or future 
 fiscal year appropriations for Medical Assistance. 
 Such payments shall not be subject to the requirements 
 of subparagraph (A). 
   (C) Medical Assistance bills received by the 
 Department of Healthcare and Family Services in a 
 particular fiscal year, but subject to payment amount 
 adjustments in a future fiscal year may be paid from a 
 future fiscal year's appropriation for Medical 
 Assistance. Such payments shall not be subject to the 
 requirements of subparagraph (A). 
   (D) Medical Assistance payments made by the 
 Department of Healthcare and Family Services from 
 funds other than those specifically referenced in 
 subparagraph (A) may be made from appropriations for 
 those purposes for any fiscal year without regard to 
 the fact that the Medical Assistance services being 
 compensated for by such payment may have been rendered 
 in a prior fiscal year. Such payments shall not be 
 subject to the requirements of subparagraph (A). 
  (3) Extended lapse period for Department of Healthcare 
 and Family Services Medical Assistance payments. 
 Notwithstanding any other State law to the contrary, 
 outstanding Department of Healthcare and Family Services 
 Medical Assistance liabilities, as of June 30th, payable 
 from appropriations which have otherwise expired, may be 
 paid out of the expiring appropriations during the 4-month 
 period ending at the close of business on October 31st. 
 (l) The changes to this Section made by Public Act 97-691 
shall be effective for payment of Medical Assistance bills 
incurred in fiscal year 2013 and future fiscal years. The 
changes to this Section made by Public Act 97-691 shall not be 
applied to Medical Assistance bills incurred in fiscal year 
2012 or prior fiscal years. 
 (m) The Comptroller must issue payments against 
outstanding liabilities that were received prior to the lapse 
period deadlines set forth in this Section as soon thereafter 
as practical, but no payment may be issued after the 4 months 
following the lapse period deadline without the signed 
authorization of the Comptroller and the Governor. 
(Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19; 
101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff. 
8-6-21; revised 9-28-21.)


 Section 220. The Illinois Procurement Code is amended by 
changing Section 1-10 as follows:


 (30 ILCS 500/1-10)

 
 Sec. 1-10. Application. 

 (a) This Code applies only to procurements for which 
bidders, offerors, potential contractors, or contractors were 
first
solicited on or after July 1, 1998. This Code shall not 
be construed to affect
or impair any contract, or any 
provision of a contract, entered into based on a
solicitation 
prior to the implementation date of this Code as described in

Article 99, including, but not limited to, any covenant 
entered into with respect
to any revenue bonds or similar 
instruments.
All procurements for which contracts are 
solicited between the effective date
of Articles 50 and 99 and 
July 1, 1998 shall be substantially in accordance
with this 
Code and its intent.

 (b) This Code shall apply regardless of the source of the 
funds with which
the contracts are paid, including federal 
assistance moneys. This
Code shall
not apply to:

  (1) Contracts between the State and its political 
 subdivisions or other
governments, or between State 
 governmental bodies, except as specifically provided in 
 this Code.

  (2) Grants, except for the filing requirements of 
 Section 20-80.

  (3) Purchase of care, except as provided in Section 
 5-30.6 of the Illinois Public Aid
Code and this Section.

  (4) Hiring of an individual as an employee and not as 
 an independent
contractor, whether pursuant to an 
 employment code or policy or by contract
directly with 
 that individual.

  (5) Collective bargaining contracts.

  (6) Purchase of real estate, except that notice of 
 this type of contract with a value of more than $25,000 
 must be published in the Procurement Bulletin within 10 
 calendar days after the deed is recorded in the county of 
 jurisdiction. The notice shall identify the real estate 
 purchased, the names of all parties to the contract, the 
 value of the contract, and the effective date of the 
 contract.

  (7) Contracts necessary to prepare for anticipated 
 litigation, enforcement
actions, or investigations, 
 provided
that the chief legal counsel to the Governor 
 shall give his or her prior
approval when the procuring 
 agency is one subject to the jurisdiction of the
Governor, 
 and provided that the chief legal counsel of any other 
 procuring
entity
subject to this Code shall give his or 
 her prior approval when the procuring
entity is not one 
 subject to the jurisdiction of the Governor.

  (8) (Blank).

  (9) Procurement expenditures by the Illinois 
 Conservation Foundation
when only private funds are used.

  (10) (Blank). 
  (11) Public-private agreements entered into according 
 to the procurement requirements of Section 20 of the 
 Public-Private Partnerships for Transportation Act and 
 design-build agreements entered into according to the 
 procurement requirements of Section 25 of the 
 Public-Private Partnerships for Transportation Act.
  (12) (A) Contracts for legal, financial, and other 
 professional and artistic services entered into by the 
 Illinois Finance Authority in which the State of Illinois 
 is not obligated. Such contracts shall be awarded through 
 a competitive process authorized by the members of the 
 Illinois Finance Authority and are subject to Sections 
 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
 as well as the final approval by the members of the 
 Illinois Finance Authority of the terms of the contract.
  (B) Contracts for legal and financial services entered 
 into by the Illinois Housing Development Authority in 
 connection with the issuance of bonds in which the State 
 of Illinois is not obligated. Such contracts shall be 
 awarded through a competitive process authorized by the 
 members of the Illinois Housing Development Authority and 
 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
 and 50-37 of this Code, as well as the final approval by 
 the members of the Illinois Housing Development Authority 
 of the terms of the contract. 
  (13) Contracts for services, commodities, and 
 equipment to support the delivery of timely forensic 
 science services in consultation with and subject to the 
 approval of the Chief Procurement Officer as provided in 
 subsection (d) of Section 5-4-3a of the Unified Code of 
 Corrections, except for the requirements of Sections 
 20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
 Code; however, the Chief Procurement Officer may, in 
 writing with justification, waive any certification 
 required under Article 50 of this Code. For any contracts 
 for services which are currently provided by members of a 
 collective bargaining agreement, the applicable terms of 
 the collective bargaining agreement concerning 
 subcontracting shall be followed.
  On and after January 1, 2019, this paragraph (13), 
 except for this sentence, is inoperative. 
  (14) Contracts for participation expenditures required 
 by a domestic or international trade show or exhibition of 
 an exhibitor, member, or sponsor.
  (15) Contracts with a railroad or utility that 
 requires the State to reimburse the railroad or utilities 
 for the relocation of utilities for construction or other 
 public purpose. Contracts included within this paragraph 
 (15) shall include, but not be limited to, those 
 associated with: relocations, crossings, installations, 
 and maintenance. For the purposes of this paragraph (15), 
 "railroad" means any form of non-highway ground 
 transportation that runs on rails or electromagnetic 
 guideways and "utility" means: (1) public utilities as 
 defined in Section 3-105 of the Public Utilities Act, (2) 
 telecommunications carriers as defined in Section 13-202 
 of the Public Utilities Act, (3) electric cooperatives as 
 defined in Section 3.4 of the Electric Supplier Act, (4) 
 telephone or telecommunications cooperatives as defined in 
 Section 13-212 of the Public Utilities Act, (5) rural 
 water or waste water systems with 10,000 connections or 
 less, (6) a holder as defined in Section 21-201 of the 
 Public Utilities Act, and (7) municipalities owning or 
 operating utility systems consisting of public utilities 
 as that term is defined in Section 11-117-2 of the 
 Illinois Municipal Code. 
  (16) Procurement expenditures necessary for the 
 Department of Public Health to provide the delivery of 
 timely newborn screening services in accordance with the 
 Newborn Metabolic Screening Act. 
  (17) Procurement expenditures necessary for the 
 Department of Agriculture, the Department of Financial and 
 Professional Regulation, the Department of Human Services, 
 and the Department of Public Health to implement the 
 Compassionate Use of Medical Cannabis Program and Opioid 
 Alternative Pilot Program requirements and ensure access 
 to medical cannabis for patients with debilitating medical 
 conditions in accordance with the Compassionate Use of 
 Medical Cannabis Program Act.
  (18) This Code does not apply to any procurements 
 necessary for the Department of Agriculture, the 
 Department of Financial and Professional Regulation, the 
 Department of Human Services, the Department of Commerce 
 and Economic Opportunity, and the Department of Public 
 Health to implement the Cannabis Regulation and Tax Act if 
 the applicable agency has made a good faith determination 
 that it is necessary and appropriate for the expenditure 
 to fall within this exemption and if the process is 
 conducted in a manner substantially in accordance with the 
 requirements of Sections 20-160, 25-60, 30-22, 50-5, 
 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
 50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
 Section 50-35, compliance applies only to contracts or 
 subcontracts over $100,000. Notice of each contract 
 entered into under this paragraph (18) that is related to 
 the procurement of goods and services identified in 
 paragraph (1) through (9) of this subsection shall be 
 published in the Procurement Bulletin within 14 calendar 
 days after contract execution. The Chief Procurement 
 Officer shall prescribe the form and content of the 
 notice. Each agency shall provide the Chief Procurement 
 Officer, on a monthly basis, in the form and content 
 prescribed by the Chief Procurement Officer, a report of 
 contracts that are related to the procurement of goods and 
 services identified in this subsection. At a minimum, this 
 report shall include the name of the contractor, a 
 description of the supply or service provided, the total 
 amount of the contract, the term of the contract, and the 
 exception to this Code utilized. A copy of any or all of 
 these contracts shall be made available to the Chief 
 Procurement Officer immediately upon request. The Chief 
 Procurement Officer shall submit a report to the Governor 
 and General Assembly no later than November 1 of each year 
 that includes, at a minimum, an annual summary of the 
 monthly information reported to the Chief Procurement 
 Officer. This exemption becomes inoperative 5 years after 
 June 25, 2019 (the effective date of Public Act 101-27).
  (19) Acquisition of modifications or adjustments, 
 limited to assistive technology devices and assistive 
 technology services, adaptive equipment, repairs, and 
 replacement parts to provide reasonable accommodations (i) 
 that enable a qualified applicant with a disability to 
 complete the job application process and be considered for 
 the position such qualified applicant desires, (ii) that 
 modify or adjust the work environment to enable a 
 qualified current employee with a disability to perform 
 the essential functions of the position held by that 
 employee, (iii) to enable a qualified current employee 
 with a disability to enjoy equal benefits and privileges 
 of employment as are enjoyed by its other similarly 
 situated employees without disabilities, and (iv) that 
 allow a customer, client, claimant, or member of the 
 public seeking State services full use and enjoyment of 
 and access to its programs, services, or benefits. 
  For purposes of this paragraph (19):
  "Assistive technology devices" means any item, piece 
 of equipment, or product system, whether acquired 
 commercially off the shelf, modified, or customized, that 
 is used to increase, maintain, or improve functional 
 capabilities of individuals with disabilities.
  "Assistive technology services" means any service that 
 directly assists an individual with a disability in 
 selection, acquisition, or use of an assistive technology 
 device.
  "Qualified" has the same meaning and use as provided 
 under the federal Americans with Disabilities Act when 
 describing an individual with a disability. 
  (20) (19) Procurement expenditures necessary for the

 Illinois Commerce Commission to hire third-party

 facilitators pursuant to Sections 16-105.17 and Section

 16-108.18 of the Public Utilities Act or an ombudsman 
 pursuant to Section 16-107.5 of the Public Utilities Act, 
 a facilitator pursuant to Section 16-105.17 of the Public 
 Utilities Act, or a grid auditor pursuant to Section 
 16-105.10 of the Public Utilities Act. 
 Notwithstanding any other provision of law, for contracts 
entered into on or after October 1, 2017 under an exemption 
provided in any paragraph of this subsection (b), except 
paragraph (1), (2), or (5), each State agency shall post to the 
appropriate procurement bulletin the name of the contractor, a 
description of the supply or service provided, the total 
amount of the contract, the term of the contract, and the 
exception to the Code utilized. The chief procurement officer 
shall submit a report to the Governor and General Assembly no 
later than November 1 of each year that shall include, at a 
minimum, an annual summary of the monthly information reported 
to the chief procurement officer. 
 (c) This Code does not apply to the electric power 
procurement process provided for under Section 1-75 of the 
Illinois Power Agency Act and Section 16-111.5 of the Public 
Utilities Act.
 (d) Except for Section 20-160 and Article 50 of this Code, 
and as expressly required by Section 9.1 of the Illinois 
Lottery Law, the provisions of this Code do not apply to the 
procurement process provided for under Section 9.1 of the 
Illinois Lottery Law. 
 (e) This Code does not apply to the process used by the 
Capital Development Board to retain a person or entity to 
assist the Capital Development Board with its duties related 
to the determination of costs of a clean coal SNG brownfield 
facility, as defined by Section 1-10 of the Illinois Power 
Agency Act, as required in subsection (h-3) of Section 9-220 
of the Public Utilities Act, including calculating the range 
of capital costs, the range of operating and maintenance 
costs, or the sequestration costs or monitoring the 
construction of clean coal SNG brownfield facility for the 
full duration of construction.
 (f) (Blank). 
 (g) (Blank).
 (h) This Code does not apply to the process to procure or 
contracts entered into in accordance with Sections 11-5.2 and 
11-5.3 of the Illinois Public Aid Code. 
 (i) Each chief procurement officer may access records 
necessary to review whether a contract, purchase, or other 
expenditure is or is not subject to the provisions of this 
Code, unless such records would be subject to attorney-client 
privilege. 
 (j) This Code does not apply to the process used by the 
Capital Development Board to retain an artist or work or works 
of art as required in Section 14 of the Capital Development 
Board Act. 
 (k) This Code does not apply to the process to procure 
contracts, or contracts entered into, by the State Board of 
Elections or the State Electoral Board for hearing officers 
appointed pursuant to the Election Code. 
 (l) This Code does not apply to the processes used by the 
Illinois Student Assistance Commission to procure supplies and 
services paid for from the private funds of the Illinois 
Prepaid Tuition Fund. As used in this subsection (l), "private 
funds" means funds derived from deposits paid into the 
Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
 (m) This Code shall apply regardless of the source of 
funds with which contracts are paid, including federal 
assistance moneys. Except as specifically provided in this 
Code, this Code shall not apply to procurement expenditures 
necessary for the Department of Public Health to conduct the 
Healthy Illinois Survey in accordance with Section 2310-431 of 
the Department of Public Health Powers and Duties Law of the 
Civil Administrative Code of Illinois. 
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 
101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff 
1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, 
eff. 9-15-21; revised 11-23-21.)


 Section 225. The State Property Control Act is amended by 
changing Sections 7b and 7c as follows:




 (30 ILCS 605/7b)


 Sec. 7b. Maintenance and operation of Illinois State 
Police vehicles. All proceeds received by the Department
of 
Central Management Services under this Act from the sale of 
vehicles
operated
by the Illinois State Police shall be 
deposited
into the State Police Vehicle Fund.
Illinois

(Source: P.A. 101-636, eff. 6-10-20; 102-505, eff. 8-20-21; 
102-538, eff. 8-20-21; revised 10-28-21.)


 (30 ILCS 605/7c)
 Sec. 7c. Acquisition of Illinois State Police vehicles. 
 (a) The State Police Vehicle Fund is created as a special 
fund in the State treasury. All moneys in the Fund, subject to 
appropriation, shall be used by the Illinois State Police:
  (1) for the acquisition of vehicles for the Illinois 
 State Police;
  (2) for debt service on bonds issued to finance the 
 acquisition of vehicles for the Illinois State Police; or

  (3) for the maintenance and operation of vehicles for 
 the Illinois State Police. 
 (b) Notwithstanding any other provision of law to the 
contrary, and in addition to any other transfers that may be 
provided by law, on August 20, 2021 (the effective date of 
Public Act 102-505) this amendatory Act of the 102nd General 
Assembly, or as soon thereafter as practicable, the State 
Comptroller shall direct and the State Treasurer shall 
transfer the remaining balance from the State Police Vehicle 
Maintenance Fund into the State Police Vehicle Fund. Upon 
completion of the transfer, the State Police Vehicle 
Maintenance Fund is dissolved, and any future deposits due to 
that Fund and any outstanding obligations or liabilities of 
that Fund shall pass to the State Police Vehicle Fund. 
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 
revised 11-2-21.)

 Section 230. The Grant Accountability and Transparency Act 
is amended by changing Sections 20 and 45 as follows:

 (30 ILCS 708/20)

 Sec. 20. Adoption of federal rules applicable to grants. 
 (a) On or before July 1, 2016, the Governor's Office of 
Management and Budget, with the advice and technical 
assistance of the Illinois Single Audit Commission, shall 
adopt rules which adopt the Uniform Guidance at 2 CFR 200. The 
rules, which shall apply to all State and federal pass-through 
awards effective on and after July 1, 2016, shall include the 
following:

  (1) Administrative requirements. In accordance with 
 Subparts B through D of 2 CFR 200, the rules shall set 
 forth the uniform administrative requirements for grant 
 and cooperative agreements, including the requirements for 
 the management by State awarding agencies of federal grant 
 programs before State and federal pass-through awards have 
 been made and requirements that State awarding agencies 
 may impose on non-federal entities in State and federal 
 pass-through awards.

  (2) Cost principles. In accordance with Subpart E of 2 
 CFR 200, the rules shall establish principles for 
 determining the allowable costs incurred by non-federal 
 entities under State and federal pass-through awards. The 
 principles are intended for cost determination, but are 
 not intended to identify the circumstances or dictate the 
 extent of State or federal pass-through participation in 
 financing a particular program or project. The principles 
 shall provide that State and federal awards bear their 
 fair share of cost recognized under these principles, 
 except where restricted or prohibited by State or federal 
 law.

  (3) Audit and single audit requirements and audit 
 follow-up. In accordance with Subpart F of 2 CFR 200 and 
 the federal Single Audit Act Amendments of 1996, the rules 
 shall set forth standards to obtain consistency and 
 uniformity among State and federal pass-through awarding 
 agencies for the audit of non-federal entities expending 
 State and federal awards. These provisions shall also set 
 forth the policies and procedures for State and federal 
 pass-through entities when using the results of these 
 audits.
  The provisions of this item (3) do not apply to 
 for-profit subrecipients because for-profit subrecipients 
 are not subject to the requirements of 2 CFR 200, Subpart 
 F, Audits of States, Local and Non-Profit Organizations. 
 Audits of for-profit subrecipients must be conducted 
 pursuant to a Program Audit Guide issued by the Federal 
 awarding agency. If a Program Audit Guide is not 
 available, the State awarding agency must prepare a 
 Program Audit Guide in accordance with the 2 CFR 200, 
 Subpart F – Audit Requirements - Compliance Supplement. 
 For-profit entities are subject to all other general 
 administrative requirements and cost principles applicable 
 to grants.
 (b) This Act addresses only State and federal pass-through 
auditing functions and does not address the external audit 
function of the Auditor General.
 (c) For public institutions of higher education, the 
provisions of this Section apply only to awards funded by 
federal pass-through awards from a State agency to public 
institutions of higher education. Federal pass-through awards 
from a State agency to public institutions of higher education 
are governed by and must comply with federal guidelines under 
2 CFR 200.
 (d) The State grant-making agency is responsible for 
establishing requirements, as necessary, to ensure compliance 
by for-profit subrecipients. The agreement with the for-profit 
subrecipient shall describe the applicable compliance 
requirements and the for-profit subrecipient's compliance 
responsibility. Methods to ensure compliance for State and 
federal pass-through awards made to for-profit subrecipients 
shall include pre-award, audits, monitoring during the 
agreement, and post-award audits. The Governor's Office of 
Management and Budget shall provide such advice and technical 
assistance to the State grant-making agency as is necessary or 
indicated.

(Source: P.A. 102-626, eff. 8-27-21; revised 12-2-21.)

 (30 ILCS 708/45)

 Sec. 45. Applicability.

 (a) Except as otherwise provided in this Section, the 
requirements established under this Act apply to State 
grant-making agencies that make State and federal pass-through 
awards to non-federal entities. These requirements apply to 
all costs related to State and federal pass-through awards.

The requirements established under this Act do not apply to 
private awards, to allocations of State revenues paid over by 
the Comptroller to units of local government and other taxing 
districts pursuant to the State Revenue Sharing Act from the 
Local Government Distributive Fund or the Personal Property 
Tax Replacement Fund, or to allotments of State motor fuel tax 
revenues distributed by the Department of Transportation to 
units of local government pursuant to the Motor Fuel Tax Law 
from the Motor Fuel Tax Fund or the Transportation Renewal 
Fund.
 (a-5) Nothing in this Act shall prohibit the use of State 
funds for purposes of federal match or maintenance of effort.
 (b) The terms and conditions of State, federal, and 
pass-through awards apply to subawards and subrecipients 
unless a particular Section of this Act or the terms and 
conditions of the State or federal award specifically indicate 
otherwise. Non-federal entities shall comply with requirements 
of this Act regardless of whether the non-federal entity is a 
recipient or subrecipient of a State or federal pass-through 
award. Pass-through entities shall comply with the 
requirements set forth under the rules adopted under 
subsection (a) of Section 20 of this Act, but not to any 
requirements in this Act directed towards State or federal 
awarding agencies, unless the requirements of the State or 
federal awards indicate otherwise.

 When a non-federal entity is awarded a cost-reimbursement 
contract, only 2 CFR 200.330 through 200.332 are incorporated 
by reference into the contract. However, when the Cost 
Accounting Standards are applicable to the contract, they take 
precedence over the requirements of this Act unless they are 
in conflict with Subpart F of 2 CFR 200. In addition, costs 
that are made unallowable under 10 U.S.C. 2324(e) and 41 
U.S.C. 4304(a), as described in the Federal Acquisition 
Regulations, subpart 31.2 and subpart 31.603, are always 
unallowable. For requirements other than those covered in 
Subpart D of 2 CFR 200.330 through 200.332, the terms of the 
contract and the Federal Acquisition Regulations apply.

 With the exception of Subpart F of 2 CFR 200, which is 
required by the Single Audit Act, in any circumstances where 
the provisions of federal statutes or regulations differ from 
the provisions of this Act, the provision of the federal 
statutes or regulations govern. This includes, for agreements 
with Indian tribes, the provisions of the Indian 
Self-Determination and Education and Assistance Act, as 
amended, 25 U.S.C. 450-458ddd-2.

 (c) State grant-making agencies may apply subparts A 
through E of 2 CFR 200 to for-profit entities, foreign public 
entities, or foreign organizations, except where the awarding 
agency determines that the application of these subparts would 
be inconsistent with the international obligations of the 
United States or the statute or regulations of a foreign 
government.

 (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to 
different types of awards. The same applicability applies to 
this Act.

 (e) (Blank).
 (f) For public institutions of higher education, the 
provisions of this Act apply only to awards funded by federal 
pass-through awards from a State agency to public institutions 
of higher education. This Act shall recognize provisions in 2 
CFR 200 as applicable to public institutions of higher 
education, including Appendix III of Part 200 and the cost 
principles under Subpart E. 
 (g) Each grant-making agency shall enhance its processes 
to monitor and address noncompliance with reporting 
requirements and with program performance standards. Where 
applicable, the process may include a corrective action plan. 
The monitoring process shall include a plan for tracking and 
documenting performance-based contracting decisions.

 (h) Notwithstanding any provision of law to the contrary, 
grants awarded from federal funds received from the federal 
Coronavirus State Fiscal Recovery Fund in accordance with 
Section 9901 of the American Rescue Plan Act of 2021 are 
subject to the provisions of this Act, but only to the extent 
required by Section 9901 of the American Rescue Plan Act of 
2021 and other applicable federal law or regulation. 
(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 
102-626, eff. 8-27-21; revised 10-27-21.)

 Section 235. The Intergovernmental Drug Laws Enforcement 
Act is amended by changing Section 3 as follows:




 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)



 Sec. 3. 
A Metropolitan Enforcement Group which meets the 
minimum
criteria established in this Section is eligible to 
receive State grants
to help defray the costs of operation. To 
be eligible a MEG must:

  (1) Be established and operating pursuant to 
 intergovernmental
contracts written and executed in 
 conformity with the Intergovernmental
Cooperation Act, and 
 involve 2 or more units of local government.

  (2) Establish a MEG Policy Board composed of an 
 elected official, or
his designee, and the chief law 
 enforcement officer, or his designee,
from each 
 participating unit of local government to oversee the

 operations of the MEG and make such reports to the 
 Illinois State
Police as the Illinois State
Police may 
 require.

  (3) Designate a single appropriate elected official of 
 a
participating unit of local government to act as the 
 financial officer
of the MEG for all participating units 
 of local government and to
receive funds for the operation 
 of the MEG.

  (4) Limit its operations to enforcement of drug laws; 
 enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, 
 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, 
 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, 
 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the
Criminal Code 
 of 2012; Sections 2, 3, 6.1, and 14 of the Firearm Owners 
 Identification Card Act; and the investigation of 
 streetgang related offenses.

  (5) Cooperate with the Illinois State Police in order 
 to
assure compliance with this Act and to enable the 
 Illinois State
Police to fulfill
its duties under this 
 Act, and supply the Illinois State
Police with all

 information the Illinois State
Police deems necessary 
 therefor.

  (6) Receive funding of at least 50% of the total 
 operating budget of
the MEG from the participating units 
 of local government.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-6-21.)


 Section 240. The State Mandates Act is amended by changing 
Sections 8.43, 8.44, and 8.45 as follows:

 (30 ILCS 805/8.43)
 Sec. 8.43. Exempt mandate. 
 (a) Notwithstanding Sections 6 and 8 of this Act, no 
reimbursement by the State is required for the implementation 
of any mandate created by Public Act 101-11, 101-49, 101-275, 
101-320, 101-377, 101-387, 101-474, 101-492, 101-502, 101-504, 
101-522, 101-610, or 101-627, or 101-673.
 (b) Notwithstanding Sections 6 and 8 of this Act, no 
reimbursement by the State is required for the implementation 
of any mandate created by the Seizure Smart School Act.
(Source: P.A. 101-11, eff. 6-7-19; 101-49, eff. 7-12-19; 
101-50, eff. 7-1-20; 101-275, eff. 8-9-19; 101-320, eff. 
8-9-19; 101-377, eff. 8-16-19; 101-387, eff. 8-16-19; 101-474, 
eff. 8-23-19; 101-492, eff. 8-23-19; 101-502, eff. 8-23-19; 
101-504, eff. 7-1-20; 101-522, eff. 8-23-19; 101-610, eff. 
1-1-20; 101-627, eff. 1-24-20; 101-673, eff. 4-5-21; 102-558, 
eff. 8-20-21; revised 9-28-21.)

 (30 ILCS 805/8.44)
 Sec. 8.44. Exempt mandate. 
 (a) Notwithstanding Sections 6 and 8 of this Act, no 
reimbursement by the State is required for the implementation 
of any mandate created by Section 4-7 of the Illinois Local 
Library Act or Section 30-55.60 of the Public Library District 
Act of 1991.

 (b) Notwithstanding Sections 6 and 8 of this Act, no 
reimbursement by the State is required for the implementation 
of any mandate created by Public Act 101-633 or 101-653.
(Source: P.A. 101-632, eff. 6-5-20; 101-633, eff. 6-5-20; 
101-653, eff. 2-28-21; 102-558, eff. 8-20-21; revised 
8-20-21.)

 (30 ILCS 805/8.45)
 (Text of Section before amendment by P.A. 102-466)
 Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and 
8 of this Act, no reimbursement by the State is required for 
the implementation of any mandate created by Public Act 
102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125, 
102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-540, 
102-552, or 102-636 this amendatory Act of the 102nd General 
Assembly.

(Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21; 
102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22; 
102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff. 
7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265, 
eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21; 
102-540, eff. 8-20-21; 102-552, eff. 1-1-22; 102-636, eff. 
8-27-21; revised 10-1-21.)

 (Text of Section after amendment by P.A. 102-466)
 Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and 
8 of this Act, no reimbursement by the State is required for 
the implementation of any mandate created by Public Act 
102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125, 
102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-466, 
102-540, 102-552, or 102-636 this amendatory Act of the 102nd 
General Assembly.

(Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21; 
102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22; 
102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff. 
7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265, 
eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21; 
102-466, eff. 7-1-25; 102-540, eff. 8-20-21; 102-552, eff. 
1-1-22; 102-636, eff. 8-27-21; revised 10-1-21.)

 Section 245. The Illinois Income Tax Act is amended by 
changing Sections 203, 901, and 917 as follows:

 (35 ILCS 5/203) (from Ch. 120, par. 2-203)
 Sec. 203. Base income defined. 
 (a) Individuals.
  (1) In general. In the case of an individual, base 
 income means an
amount equal to the taxpayer's adjusted 
 gross income for the taxable
year as modified by paragraph 
 (2).
  (2) Modifications. The adjusted gross income referred 
 to in
paragraph (1) shall be modified by adding thereto 
 the sum of the
following amounts:
   (A) An amount equal to all amounts paid or accrued 
 to the taxpayer
as interest or dividends during the 
 taxable year to the extent excluded
from gross income 
 in the computation of adjusted gross income, except 
 stock
dividends of qualified public utilities 
 described in Section 305(e) of the
Internal Revenue 
 Code;
   (B) An amount equal to the amount of tax imposed by 
 this Act to the
extent deducted from gross income in 
 the computation of adjusted gross
income for the 
 taxable year;
   (C) An amount equal to the amount received during 
 the taxable year
as a recovery or refund of real 
 property taxes paid with respect to the
taxpayer's 
 principal residence under the Revenue Act of
1939 and 
 for which a deduction was previously taken under 
 subparagraph (L) of
this paragraph (2) prior to July 
 1, 1991, the retrospective application date of
Article 
 4 of Public Act 87-17. In the case of multi-unit or 
 multi-use
structures and farm dwellings, the taxes on 
 the taxpayer's principal residence
shall be that 
 portion of the total taxes for the entire property 
 which is
attributable to such principal residence;
   (D) An amount equal to the amount of the capital 
 gain deduction
allowable under the Internal Revenue 
 Code, to the extent deducted from gross
income in the 
 computation of adjusted gross income;
   (D-5) An amount, to the extent not included in 
 adjusted gross income,
equal to the amount of money 
 withdrawn by the taxpayer in the taxable year from
a 
 medical care savings account and the interest earned 
 on the account in the
taxable year of a withdrawal 
 pursuant to subsection (b) of Section 20 of the

 Medical Care Savings Account Act or subsection (b) of 
 Section 20 of the
Medical Care Savings Account Act of 
 2000;
   (D-10) For taxable years ending after December 31, 
 1997, an
amount equal to any eligible remediation 
 costs that the individual
deducted in computing 
 adjusted gross income and for which the
individual 
 claims a credit under subsection (l) of Section 201;
   (D-15) For taxable years 2001 and thereafter, an 
 amount equal to the
bonus depreciation deduction taken 
 on the taxpayer's federal income tax return for the 
 taxable
year under subsection (k) of Section 168 of 
 the Internal Revenue Code;
   (D-16) If the taxpayer sells, transfers, abandons, 
 or otherwise disposes of property for which the 
 taxpayer was required in any taxable year to
make an 
 addition modification under subparagraph (D-15), then 
 an amount equal
to the aggregate amount of the 
 deductions taken in all taxable
years under 
 subparagraph (Z) with respect to that property.
   If the taxpayer continues to own property through 
 the last day of the last tax year for which a 
 subtraction is allowed with respect to that property 
 under subparagraph (Z) and for which the taxpayer was 
 allowed in any taxable year to make a subtraction 
 modification under subparagraph (Z), then an amount 
 equal to that subtraction modification.

   The taxpayer is required to make the addition 
 modification under this
subparagraph
only once with 
 respect to any one piece of property;
   (D-17) An amount equal to the amount otherwise 
 allowed as a deduction in computing base income for 
 interest paid, accrued, or incurred, directly or 
 indirectly, (i) for taxable years ending on or after 
 December 31, 2004, to a foreign person who would be a 
 member of the same unitary business group but for the 
 fact that foreign person's business activity outside 
 the United States is 80% or more of the foreign 
 person's total business activity and (ii) for taxable 
 years ending on or after December 31, 2008, to a person 
 who would be a member of the same unitary business 
 group but for the fact that the person is prohibited 
 under Section 1501(a)(27) from being included in the 
 unitary business group because he or she is ordinarily 
 required to apportion business income under different 
 subsections of Section 304. The addition modification 
 required by this subparagraph shall be reduced to the 
 extent that dividends were included in base income of 
 the unitary group for the same taxable year and 
 received by the taxpayer or by a member of the 
 taxpayer's unitary business group (including amounts 
 included in gross income under Sections 951 through 
 964 of the Internal Revenue Code and amounts included 
 in gross income under Section 78 of the Internal 
 Revenue Code) with respect to the stock of the same 
 person to whom the interest was paid, accrued, or 
 incurred.
   This paragraph shall not apply to the following:

    (i) an item of interest paid, accrued, or 
 incurred, directly or indirectly, to a person who 
 is subject in a foreign country or state, other 
 than a state which requires mandatory unitary 
 reporting, to a tax on or measured by net income 
 with respect to such interest; or
    (ii) an item of interest paid, accrued, or 
 incurred, directly or indirectly, to a person if 
 the taxpayer can establish, based on a 
 preponderance of the evidence, both of the 
 following:
     (a) the person, during the same taxable 
 year, paid, accrued, or incurred, the interest 
 to a person that is not a related member, and
     (b) the transaction giving rise to the 
 interest expense between the taxpayer and the 
 person did not have as a principal purpose the 
 avoidance of Illinois income tax, and is paid 
 pursuant to a contract or agreement that 
 reflects an arm's-length interest rate and 
 terms; or

    (iii) the taxpayer can establish, based on 
 clear and convincing evidence, that the interest 
 paid, accrued, or incurred relates to a contract 
 or agreement entered into at arm's-length rates 
 and terms and the principal purpose for the 
 payment is not federal or Illinois tax avoidance; 
 or

    (iv) an item of interest paid, accrued, or 
 incurred, directly or indirectly, to a person if 
 the taxpayer establishes by clear and convincing 
 evidence that the adjustments are unreasonable; or 
 if the taxpayer and the Director agree in writing 
 to the application or use of an alternative method 
 of apportionment under Section 304(f).

    Nothing in this subsection shall preclude the 
 Director from making any other adjustment 
 otherwise allowed under Section 404 of this Act 
 for any tax year beginning after the effective 
 date of this amendment provided such adjustment is 
 made pursuant to regulation adopted by the 
 Department and such regulations provide methods 
 and standards by which the Department will utilize 
 its authority under Section 404 of this Act;

   (D-18) An amount equal to the amount of intangible 
 expenses and costs otherwise allowed as a deduction in 
 computing base income, and that were paid, accrued, or 
 incurred, directly or indirectly, (i) for taxable 
 years ending on or after December 31, 2004, to a 
 foreign person who would be a member of the same 
 unitary business group but for the fact that the 
 foreign person's business activity outside the United 
 States is 80% or more of that person's total business 
 activity and (ii) for taxable years ending on or after 
 December 31, 2008, to a person who would be a member of 
 the same unitary business group but for the fact that 
 the person is prohibited under Section 1501(a)(27) 
 from being included in the unitary business group 
 because he or she is ordinarily required to apportion 
 business income under different subsections of Section 
 304. The addition modification required by this 
 subparagraph shall be reduced to the extent that 
 dividends were included in base income of the unitary 
 group for the same taxable year and received by the 
 taxpayer or by a member of the taxpayer's unitary 
 business group (including amounts included in gross 
 income under Sections 951 through 964 of the Internal 
 Revenue Code and amounts included in gross income 
 under Section 78 of the Internal Revenue Code) with 
 respect to the stock of the same person to whom the 
 intangible expenses and costs were directly or 
 indirectly paid, incurred, or accrued. The preceding 
 sentence does not apply to the extent that the same 
 dividends caused a reduction to the addition 
 modification required under Section 203(a)(2)(D-17) of 
 this Act. As used in this subparagraph, the term 
 "intangible expenses and costs" includes (1) expenses, 
 losses, and costs for, or related to, the direct or 
 indirect acquisition, use, maintenance or management, 
 ownership, sale, exchange, or any other disposition of 
 intangible property; (2) losses incurred, directly or 
 indirectly, from factoring transactions or discounting 
 transactions; (3) royalty, patent, technical, and 
 copyright fees; (4) licensing fees; and (5) other 
 similar expenses and costs.
For purposes of this 
 subparagraph, "intangible property" includes patents, 
 patent applications, trade names, trademarks, service 
 marks, copyrights, mask works, trade secrets, and 
 similar types of intangible assets.
   This paragraph shall not apply to the following:
    (i) any item of intangible expenses or costs 
 paid, accrued, or incurred, directly or 
 indirectly, from a transaction with a person who 
 is subject in a foreign country or state, other 
 than a state which requires mandatory unitary 
 reporting, to a tax on or measured by net income 
 with respect to such item; or
    (ii) any item of intangible expense or cost 
 paid, accrued, or incurred, directly or 
 indirectly, if the taxpayer can establish, based 
 on a preponderance of the evidence, both of the 
 following:
     (a) the person during the same taxable 
 year paid, accrued, or incurred, the 
 intangible expense or cost to a person that is 
 not a related member, and
     (b) the transaction giving rise to the 
 intangible expense or cost between the 
 taxpayer and the person did not have as a 
 principal purpose the avoidance of Illinois 
 income tax, and is paid pursuant to a contract 
 or agreement that reflects arm's-length terms; 
 or
    (iii) any item of intangible expense or cost 
 paid, accrued, or incurred, directly or 
 indirectly, from a transaction with a person if 
 the taxpayer establishes by clear and convincing 
 evidence, that the adjustments are unreasonable; 
 or if the taxpayer and the Director agree in 
 writing to the application or use of an 
 alternative method of apportionment under Section 
 304(f);

    Nothing in this subsection shall preclude the 
 Director from making any other adjustment 
 otherwise allowed under Section 404 of this Act 
 for any tax year beginning after the effective 
 date of this amendment provided such adjustment is 
 made pursuant to regulation adopted by the 
 Department and such regulations provide methods 
 and standards by which the Department will utilize 
 its authority under Section 404 of this Act;

   (D-19) For taxable years ending on or after 
 December 31, 2008, an amount equal to the amount of 
 insurance premium expenses and costs otherwise allowed 
 as a deduction in computing base income, and that were 
 paid, accrued, or incurred, directly or indirectly, to 
 a person who would be a member of the same unitary 
 business group but for the fact that the person is 
 prohibited under Section 1501(a)(27) from being 
 included in the unitary business group because he or 
 she is ordinarily required to apportion business 
 income under different subsections of Section 304. The 
 addition modification required by this subparagraph 
 shall be reduced to the extent that dividends were 
 included in base income of the unitary group for the 
 same taxable year and received by the taxpayer or by a 
 member of the taxpayer's unitary business group 
 (including amounts included in gross income under 
 Sections 951 through 964 of the Internal Revenue Code 
 and amounts included in gross income under Section 78 
 of the Internal Revenue Code) with respect to the 
 stock of the same person to whom the premiums and costs 
 were directly or indirectly paid, incurred, or 
 accrued. The preceding sentence does not apply to the 
 extent that the same dividends caused a reduction to 
 the addition modification required under Section 
 203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this 
 Act;

   (D-20) For taxable years beginning on or after 
 January 1,
2002 and ending on or before December 31, 
 2006, in
the
case of a distribution from a qualified 
 tuition program under Section 529 of
the Internal 
 Revenue Code, other than (i) a distribution from a 
 College Savings
Pool created under Section 16.5 of the 
 State Treasurer Act or (ii) a
distribution from the 
 Illinois Prepaid Tuition Trust Fund, an amount equal 
 to
the amount excluded from gross income under Section 
 529(c)(3)(B). For taxable years beginning on or after 
 January 1, 2007, in the case of a distribution from a 
 qualified tuition program under Section 529 of the 
 Internal Revenue Code, other than (i) a distribution 
 from a College Savings Pool created under Section 16.5 
 of the State Treasurer Act, (ii) a distribution from 
 the Illinois Prepaid Tuition Trust Fund, or (iii) a 
 distribution from a qualified tuition program under 
 Section 529 of the Internal Revenue Code that (I) 
 adopts and determines that its offering materials 
 comply with the College Savings Plans Network's 
 disclosure principles and (II) has made reasonable 
 efforts to inform in-state residents of the existence 
 of in-state qualified tuition programs by informing 
 Illinois residents directly and, where applicable, to 
 inform financial intermediaries distributing the 
 program to inform in-state residents of the existence 
 of in-state qualified tuition programs at least 
 annually, an amount equal to the amount excluded from 
 gross income under Section 529(c)(3)(B).
   For the purposes of this subparagraph (D-20), a 
 qualified tuition program has made reasonable efforts 
 if it makes disclosures (which may use the term 
 "in-state program" or "in-state plan" and need not 
 specifically refer to Illinois or its qualified 
 programs by name) (i) directly to prospective 
 participants in its offering materials or makes a 
 public disclosure, such as a website posting; and (ii) 
 where applicable, to intermediaries selling the 
 out-of-state program in the same manner that the 
 out-of-state program distributes its offering 
 materials;
   (D-20.5) For taxable years beginning on or after 
 January 1, 2018, in the case of a distribution from a 
 qualified ABLE program under Section 529A of the 
 Internal Revenue Code, other than a distribution from 
 a qualified ABLE program created under Section 16.6 of 
 the State Treasurer Act, an amount equal to the amount 
 excluded from gross income under Section 529A(c)(1)(B) 
 of the Internal Revenue Code; 
   (D-21) For taxable years beginning on or after 
 January 1, 2007, in the case of transfer of moneys from 
 a qualified tuition program under Section 529 of the 
 Internal Revenue Code that is administered by the 
 State to an out-of-state program, an amount equal to 
 the amount of moneys previously deducted from base 
 income under subsection (a)(2)(Y) of this Section;
   (D-21.5) For taxable years beginning on or after 
 January 1, 2018, in the case of the transfer of moneys 
 from a qualified tuition program under Section 529 or 
 a qualified ABLE program under Section 529A of the 
 Internal Revenue Code that is administered by this 
 State to an ABLE account established under an 
 out-of-state ABLE account program, an amount equal to 
 the contribution component of the transferred amount 
 that was previously deducted from base income under 
 subsection (a)(2)(Y) or subsection (a)(2)(HH) of this 
 Section; 
   (D-22) For taxable years beginning on or after 
 January 1, 2009, and prior to January 1, 2018, in the 
 case of a nonqualified withdrawal or refund of moneys 
 from a qualified tuition program under Section 529 of 
 the Internal Revenue Code administered by the State 
 that is not used for qualified expenses at an eligible 
 education institution, an amount equal to the 
 contribution component of the nonqualified withdrawal 
 or refund that was previously deducted from base 
 income under subsection (a)(2)(y) of this Section, 
 provided that the withdrawal or refund did not result 
 from the beneficiary's death or disability. For 
 taxable years beginning on or after January 1, 2018: 
 (1) in the case of a nonqualified withdrawal or 
 refund, as defined under Section
16.5 of the State 
 Treasurer Act, of moneys from a qualified tuition 
 program under Section 529 of the Internal Revenue Code 
 administered by the State, an amount equal to the 
 contribution component of the nonqualified withdrawal 
 or refund that was previously deducted from base

 income under subsection (a)(2)(Y) of this Section, and 
 (2) in the case of a nonqualified withdrawal or refund 
 from a qualified ABLE program under Section 529A of 
 the Internal Revenue Code administered by the State 
 that is not used for qualified disability expenses, an 
 amount equal to the contribution component of the 
 nonqualified withdrawal or refund that was previously 
 deducted from base income under subsection (a)(2)(HH) 
 of this Section;
   (D-23) An amount equal to the credit allowable to 
 the taxpayer under Section 218(a) of this Act, 
 determined without regard to Section 218(c) of this 
 Act;
   (D-24) For taxable years ending on or after 
 December 31, 2017, an amount equal to the deduction 
 allowed under Section 199 of the Internal Revenue Code 
 for the taxable year; 
   (D-25) In the case of a resident, an amount equal 
 to the amount of tax for which a credit is allowed 
 pursuant to Section 201(p)(7) of this Act; 
 and by deducting from the total so obtained the
sum of the 
 following amounts:
   (E) For taxable years ending before December 31, 
 2001,
any amount included in such total in respect of 
 any compensation
(including but not limited to any 
 compensation paid or accrued to a
serviceman while a 
 prisoner of war or missing in action) paid to a 
 resident
by reason of being on active duty in the Armed 
 Forces of the United States
and in respect of any 
 compensation paid or accrued to a resident who as a

 governmental employee was a prisoner of war or missing 
 in action, and in
respect of any compensation paid to a 
 resident in 1971 or thereafter for
annual training 
 performed pursuant to Sections 502 and 503, Title 32,

 United States Code as a member of the Illinois 
 National Guard or, beginning with taxable years ending 
 on or after December 31, 2007, the National Guard of 
 any other state.
For taxable years ending on or after 
 December 31, 2001, any amount included in
such total 
 in respect of any compensation (including but not 
 limited to any
compensation paid or accrued to a 
 serviceman while a prisoner of war or missing
in 
 action) paid to a resident by reason of being a member 
 of any component of
the Armed Forces of the United 
 States and in respect of any compensation paid
or 
 accrued to a resident who as a governmental employee 
 was a prisoner of war
or missing in action, and in 
 respect of any compensation paid to a resident in
2001 
 or thereafter by reason of being a member of the 
 Illinois National Guard or, beginning with taxable 
 years ending on or after December 31, 2007, the 
 National Guard of any other state.
The provisions of 
 this subparagraph (E) are exempt
from the provisions 
 of Section 250;
   (F) An amount equal to all amounts included in 
 such total pursuant
to the provisions of Sections 
 402(a), 402(c), 403(a), 403(b), 406(a), 407(a),
and 
 408 of the Internal Revenue Code, or included in such 
 total as
distributions under the provisions of any 
 retirement or disability plan for
employees of any 
 governmental agency or unit, or retirement payments to

 retired partners, which payments are excluded in 
 computing net earnings
from self employment by Section 
 1402 of the Internal Revenue Code and
regulations 
 adopted pursuant thereto;
   (G) The valuation limitation amount;
   (H) An amount equal to the amount of any tax 
 imposed by this Act
which was refunded to the taxpayer 
 and included in such total for the
taxable year;
   (I) An amount equal to all amounts included in 
 such total pursuant
to the provisions of Section 111 
 of the Internal Revenue Code as a
recovery of items 
 previously deducted from adjusted gross income in the

 computation of taxable income;
   (J) An amount equal to those dividends included in 
 such total which were
paid by a corporation which 
 conducts business operations in a River Edge 
 Redevelopment Zone or zones created under the River 
 Edge Redevelopment Zone Act, and conducts

 substantially all of its operations in a River Edge 
 Redevelopment Zone or zones. This subparagraph (J) is 
 exempt from the provisions of Section 250;
   (K) An amount equal to those dividends included in 
 such total that
were paid by a corporation that 
 conducts business operations in a federally
designated 
 Foreign Trade Zone or Sub-Zone and that is designated 
 a High Impact
Business located in Illinois; provided 
 that dividends eligible for the
deduction provided in 
 subparagraph (J) of paragraph (2) of this subsection

 shall not be eligible for the deduction provided under 
 this subparagraph
(K);
   (L) For taxable years ending after December 31, 
 1983, an amount equal to
all social security benefits 
 and railroad retirement benefits included in
such 
 total pursuant to Sections 72(r) and 86 of the 
 Internal Revenue Code;
   (M) With the exception of any amounts subtracted 
 under subparagraph
(N), an amount equal to the sum of 
 all amounts disallowed as
deductions by (i) Sections 
 171(a)(2) and 265(a)(2) of the Internal Revenue Code, 
 and all amounts of expenses allocable
to interest and 
 disallowed as deductions by Section 265(a)(1) of the 
 Internal
Revenue Code;
and (ii) for taxable years

 ending on or after August 13, 1999, Sections 
 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the 
 Internal Revenue Code, plus, for taxable years ending 
 on or after December 31, 2011, Section 45G(e)(3) of 
 the Internal Revenue Code and, for taxable years 
 ending on or after December 31, 2008, any amount 
 included in gross income under Section 87 of the 
 Internal Revenue Code; the provisions of this

 subparagraph are exempt from the provisions of Section 
 250;
   (N) An amount equal to all amounts included in 
 such total which are
exempt from taxation by this 
 State either by reason of its statutes or
Constitution

 or by reason of the Constitution, treaties or statutes 
 of the United States;
provided that, in the case of any 
 statute of this State that exempts income
derived from 
 bonds or other obligations from the tax imposed under 
 this Act,
the amount exempted shall be the interest 
 net of bond premium amortization;
   (O) An amount equal to any contribution made to a 
 job training
project established pursuant to the Tax 
 Increment Allocation Redevelopment Act;
   (P) An amount equal to the amount of the deduction 
 used to compute the
federal income tax credit for 
 restoration of substantial amounts held under
claim of 
 right for the taxable year pursuant to Section 1341 of 
 the
Internal Revenue Code or of any itemized deduction 
 taken from adjusted gross income in the computation of 
 taxable income for restoration of substantial amounts 
 held under claim of right for the taxable year;
   (Q) An amount equal to any amounts included in 
 such total, received by
the taxpayer as an 
 acceleration in the payment of life, endowment or 
 annuity
benefits in advance of the time they would 
 otherwise be payable as an indemnity
for a terminal 
 illness;
   (R) An amount equal to the amount of any federal or 
 State bonus paid
to veterans of the Persian Gulf War;
   (S) An amount, to the extent included in adjusted 
 gross income, equal
to the amount of a contribution 
 made in the taxable year on behalf of the
taxpayer to a 
 medical care savings account established under the 
 Medical Care
Savings Account Act or the Medical Care 
 Savings Account Act of 2000 to the
extent the 
 contribution is accepted by the account
administrator 
 as provided in that Act;
   (T) An amount, to the extent included in adjusted 
 gross income, equal to
the amount of interest earned 
 in the taxable year on a medical care savings
account 
 established under the Medical Care Savings Account Act 
 or the Medical
Care Savings Account Act of 2000 on 
 behalf of the
taxpayer, other than interest added 
 pursuant to item (D-5) of this paragraph
(2);
   (U) For one taxable year beginning on or after 
 January 1,
1994, an
amount equal to the total amount of 
 tax imposed and paid under subsections (a)
and (b) of 
 Section 201 of this Act on grant amounts received by 
 the taxpayer
under the Nursing Home Grant Assistance 
 Act during the taxpayer's taxable years
1992 and 1993;
   (V) Beginning with tax years ending on or after 
 December 31, 1995 and
ending with tax years ending on 
 or before December 31, 2004, an amount equal to
the 
 amount paid by a taxpayer who is a
self-employed 
 taxpayer, a partner of a partnership, or a
shareholder 
 in a Subchapter S corporation for health insurance or 
 long-term
care insurance for that taxpayer or that 
 taxpayer's spouse or dependents, to
the extent that 
 the amount paid for that health insurance or long-term 
 care
insurance may be deducted under Section 213 of 
 the Internal Revenue Code, has not been deducted on 
 the federal income tax return of the taxpayer,
and 
 does not exceed the taxable income attributable to 
 that taxpayer's income,
self-employment income, or 
 Subchapter S corporation income; except that no

 deduction shall be allowed under this item (V) if the 
 taxpayer is eligible to
participate in any health 
 insurance or long-term care insurance plan of an

 employer of the taxpayer or the taxpayer's
spouse. The 
 amount of the health insurance and long-term care 
 insurance
subtracted under this item (V) shall be 
 determined by multiplying total
health insurance and 
 long-term care insurance premiums paid by the taxpayer

 times a number that represents the fractional 
 percentage of eligible medical
expenses under Section 
 213 of the Internal Revenue Code of 1986 not actually

 deducted on the taxpayer's federal income tax return;
   (W) For taxable years beginning on or after 
 January 1, 1998,
all amounts included in the 
 taxpayer's federal gross income
in the taxable year 
 from amounts converted from a regular IRA to a Roth 
 IRA.
This paragraph is exempt from the provisions of 
 Section
250;
   (X) For taxable year 1999 and thereafter, an 
 amount equal to the
amount of any (i) distributions, 
 to the extent includible in gross income for
federal 
 income tax purposes, made to the taxpayer because of 
 his or her status
as a victim of persecution for racial 
 or religious reasons by Nazi Germany or
any other Axis 
 regime or as an heir of the victim and (ii) items
of 
 income, to the extent
includible in gross income for 
 federal income tax purposes, attributable to,
derived 
 from or in any way related to assets stolen from, 
 hidden from, or
otherwise lost to a victim of

 persecution for racial or religious reasons by Nazi 
 Germany or any other Axis
regime immediately prior to, 
 during, and immediately after World War II,
including, 
 but
not limited to, interest on the proceeds 
 receivable as insurance
under policies issued to a 
 victim of persecution for racial or religious
reasons

 by Nazi Germany or any other Axis regime by European 
 insurance companies
immediately prior to and during 
 World War II;
provided, however, this subtraction from 
 federal adjusted gross income does not
apply to assets 
 acquired with such assets or with the proceeds from 
 the sale of
such assets; provided, further, this 
 paragraph shall only apply to a taxpayer
who was the 
 first recipient of such assets after their recovery 
 and who is a
victim of persecution for racial or 
 religious reasons
by Nazi Germany or any other Axis 
 regime or as an heir of the victim. The
amount of and 
 the eligibility for any public assistance, benefit, or

 similar entitlement is not affected by the inclusion 
 of items (i) and (ii) of
this paragraph in gross income 
 for federal income tax purposes.
This paragraph is 
 exempt from the provisions of Section 250;
   (Y) For taxable years beginning on or after 
 January 1, 2002
and ending
on or before December 31, 
 2004, moneys contributed in the taxable year to a 
 College Savings Pool account under
Section 16.5 of the 
 State Treasurer Act, except that amounts excluded from

 gross income under Section 529(c)(3)(C)(i) of the 
 Internal Revenue Code
shall not be considered moneys 
 contributed under this subparagraph (Y). For taxable 
 years beginning on or after January 1, 2005, a maximum 
 of $10,000
contributed
in the
taxable year to (i) a 
 College Savings Pool account under Section 16.5 of the

 State
Treasurer Act or (ii) the Illinois Prepaid 
 Tuition Trust Fund,
except that
amounts excluded from 
 gross income under Section 529(c)(3)(C)(i) of the

 Internal
Revenue Code shall not be considered moneys 
 contributed under this subparagraph
(Y). For purposes 
 of this subparagraph, contributions made by an 
 employer on behalf of an employee, or matching 
 contributions made by an employee, shall be treated as 
 made by the employee. This
subparagraph (Y) is exempt 
 from the provisions of Section 250;
   (Z) For taxable years 2001 and thereafter, for the 
 taxable year in
which the bonus depreciation deduction

 is taken on the taxpayer's federal income tax return 
 under
subsection (k) of Section 168 of the Internal 
 Revenue Code and for each
applicable taxable year 
 thereafter, an amount equal to "x", where:
    (1) "y" equals the amount of the depreciation 
 deduction taken for the
taxable year
on the 
 taxpayer's federal income tax return on property 
 for which the bonus
depreciation deduction
was 
 taken in any year under subsection (k) of Section 
 168 of the Internal
Revenue Code, but not 
 including the bonus depreciation deduction;
    (2) for taxable years ending on or before 
 December 31, 2005, "x" equals "y" multiplied by 30 
 and then divided by 70 (or "y"
multiplied by 
 0.429); and
    (3) for taxable years ending after December 
 31, 2005:
     (i) for property on which a bonus 
 depreciation deduction of 30% of the adjusted 
 basis was taken, "x" equals "y" multiplied by 
 30 and then divided by 70 (or "y"
multiplied 
 by 0.429);
     (ii) for property on which a bonus 
 depreciation deduction of 50% of the adjusted 
 basis was taken, "x" equals "y" multiplied by 
 1.0;
     (iii) for property on which a bonus 
 depreciation deduction of 100% of the adjusted 
 basis was taken in a taxable year ending on or 
 after December 31, 2021, "x" equals the 
 depreciation deduction that would be allowed 
 on that property if the taxpayer had made the 
 election under Section 168(k)(7) of the 
 Internal Revenue Code to not claim bonus 
 depreciation deprecation on that property; and
     (iv) for property on which a bonus 
 depreciation deduction of a percentage other 
 than 30%, 50% or 100% of the adjusted basis 
 was taken in a taxable year ending on or after 
 December 31, 2021, "x" equals "y" multiplied 
 by 100 times the percentage bonus depreciation 
 on the property (that is, 100(bonus%)) and 
 then divided by 100 times 1 minus the 
 percentage bonus depreciation on the property 
 (that is, 100(1–bonus%)). 
   The aggregate amount deducted under this 
 subparagraph in all taxable
years for any one piece of 
 property may not exceed the amount of the bonus

 depreciation deduction
taken on that property on the 
 taxpayer's federal income tax return under
subsection 
 (k) of Section 168 of the Internal Revenue Code. This 
 subparagraph (Z) is exempt from the provisions of 
 Section 250;
   (AA) If the taxpayer sells, transfers, abandons, 
 or otherwise disposes of
property for which the 
 taxpayer was required in any taxable year to make an

 addition modification under subparagraph (D-15), then 
 an amount equal to that
addition modification.

   If the taxpayer continues to own property through 
 the last day of the last tax year for which a 
 subtraction is allowed with respect to that property 
 under subparagraph (Z) and for which the taxpayer was 
 required in any taxable year to make an addition 
 modification under subparagraph (D-15), then an amount 
 equal to that addition modification.

   The taxpayer is allowed to take the deduction 
 under this subparagraph
only once with respect to any 
 one piece of property.
   This subparagraph (AA) is exempt from the 
 provisions of Section 250;
   (BB) Any amount included in adjusted gross income, 
 other
than
salary,
received by a driver in a 
 ridesharing arrangement using a motor vehicle;
   (CC) The amount of (i) any interest income (net of 
 the deductions allocable thereto) taken into account 
 for the taxable year with respect to a transaction 
 with a taxpayer that is required to make an addition 
 modification with respect to such transaction under 
 Section 203(a)(2)(D-17), 203(b)(2)(E-12), 
 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed 
 the amount of that addition modification, and
(ii) any 
 income from intangible property (net of the deductions 
 allocable thereto) taken into account for the taxable 
 year with respect to a transaction with a taxpayer 
 that is required to make an addition modification with 
 respect to such transaction under Section 
 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or 
 203(d)(2)(D-8), but not to exceed the amount of that 
 addition modification. This subparagraph (CC) is 
 exempt from the provisions of Section 250;
   (DD) An amount equal to the interest income taken 
 into account for the taxable year (net of the 
 deductions allocable thereto) with respect to 
 transactions with (i) a foreign person who would be a 
 member of the taxpayer's unitary business group but 
 for the fact that the foreign person's business 
 activity outside the United States is 80% or more of 
 that person's total business activity and (ii) for 
 taxable years ending on or after December 31, 2008, to 
 a person who would be a member of the same unitary 
 business group but for the fact that the person is 
 prohibited under Section 1501(a)(27) from being 
 included in the unitary business group because he or 
 she is ordinarily required to apportion business 
 income under different subsections of Section 304, but 
 not to exceed the addition modification required to be 
 made for the same taxable year under Section 
 203(a)(2)(D-17) for interest paid, accrued, or 
 incurred, directly or indirectly, to the same person. 
 This subparagraph (DD) is exempt from the provisions 
 of Section 250; 
   (EE) An amount equal to the income from intangible 
 property taken into account for the taxable year (net 
 of the deductions allocable thereto) with respect to 
 transactions with (i) a foreign person who would be a 
 member of the taxpayer's unitary business group but 
 for the fact that the foreign person's business 
 activity outside the United States is 80% or more of 
 that person's total business activity and (ii) for 
 taxable years ending on or after December 31, 2008, to 
 a person who would be a member of the same unitary 
 business group but for the fact that the person is 
 prohibited under Section 1501(a)(27) from being 
 included in the unitary business group because he or 
 she is ordinarily required to apportion business 
 income under different subsections of Section 304, but 
 not to exceed the addition modification required to be 
 made for the same taxable year under Section 
 203(a)(2)(D-18) for intangible expenses and costs 
 paid, accrued, or incurred, directly or indirectly, to 
 the same foreign person. This subparagraph (EE) is 
 exempt from the provisions of Section 250;
   (FF) An amount equal to any amount awarded to the 
 taxpayer during the taxable year by the Court of 
 Claims under subsection (c) of Section 8 of the Court 
 of Claims Act for time unjustly served in a State 
 prison. This subparagraph (FF) is exempt from the 
 provisions of Section 250; 
   (GG) For taxable years ending on or after December 
 31, 2011, in the case of a taxpayer who was required to 
 add back any insurance premiums under Section 
 203(a)(2)(D-19), such taxpayer may elect to subtract 
 that part of a reimbursement received from the 
 insurance company equal to the amount of the expense 
 or loss (including expenses incurred by the insurance 
 company) that would have been taken into account as a 
 deduction for federal income tax purposes if the 
 expense or loss had been uninsured. If a taxpayer 
 makes the election provided for by this subparagraph 
 (GG), the insurer to which the premiums were paid must 
 add back to income the amount subtracted by the 
 taxpayer pursuant to this subparagraph (GG). This 
 subparagraph (GG) is exempt from the provisions of 
 Section 250; and 
   (HH) For taxable years beginning on or after 
 January 1, 2018 and prior to January 1, 2023, a maximum 
 of $10,000 contributed in the taxable year to a 
 qualified ABLE account under Section 16.6 of the State 
 Treasurer Act, except that amounts excluded from gross 
 income under Section 529(c)(3)(C)(i) or Section 
 529A(c)(1)(C) of the Internal Revenue Code shall not 
 be considered moneys contributed under this 
 subparagraph (HH). For purposes of this subparagraph 
 (HH), contributions made by an employer on behalf of 
 an employee, or matching contributions made by an 
 employee, shall be treated as made by the employee. 

 (b) Corporations.
  (1) In general. In the case of a corporation, base 
 income means an
amount equal to the taxpayer's taxable 
 income for the taxable year as
modified by paragraph (2).
  (2) Modifications. The taxable income referred to in 
 paragraph (1)
shall be modified by adding thereto the sum 
 of the following amounts:
   (A) An amount equal to all amounts paid or accrued 
 to the taxpayer
as interest and all distributions 
 received from regulated investment
companies during 
 the taxable year to the extent excluded from gross

 income in the computation of taxable income;
   (B) An amount equal to the amount of tax imposed by 
 this Act to the
extent deducted from gross income in 
 the computation of taxable income
for the taxable 
 year;
   (C) In the case of a regulated investment company, 
 an amount equal to
the excess of (i) the net long-term 
 capital gain for the taxable year, over
(ii) the 
 amount of the capital gain dividends designated as 
 such in accordance
with Section 852(b)(3)(C) of the 
 Internal Revenue Code and any amount
designated under 
 Section 852(b)(3)(D) of the Internal Revenue Code,

 attributable to the taxable year (this amendatory Act 
 of 1995
(Public Act 89-89) is declarative of existing 
 law and is not a new
enactment);
   (D) The amount of any net operating loss deduction 
 taken in arriving
at taxable income, other than a net 
 operating loss carried forward from a
taxable year 
 ending prior to December 31, 1986;
   (E) For taxable years in which a net operating 
 loss carryback or
carryforward from a taxable year 
 ending prior to December 31, 1986 is an
element of 
 taxable income under paragraph (1) of subsection (e) 
 or
subparagraph (E) of paragraph (2) of subsection 
 (e), the amount by which
addition modifications other 
 than those provided by this subparagraph (E)
exceeded 
 subtraction modifications in such earlier taxable 
 year, with the
following limitations applied in the 
 order that they are listed:
    (i) the addition modification relating to the 
 net operating loss
carried back or forward to the 
 taxable year from any taxable year ending
prior to 
 December 31, 1986 shall be reduced by the amount 
 of addition
modification under this subparagraph 
 (E) which related to that net operating
loss and 
 which was taken into account in calculating the 
 base income of an
earlier taxable year, and
    (ii) the addition modification relating to the 
 net operating loss
carried back or forward to the 
 taxable year from any taxable year ending
prior to 
 December 31, 1986 shall not exceed the amount of 
 such carryback or
carryforward;
   For taxable years in which there is a net 
 operating loss carryback or
carryforward from more 
 than one other taxable year ending prior to December

 31, 1986, the addition modification provided in this 
 subparagraph (E) shall
be the sum of the amounts 
 computed independently under the preceding
provisions 
 of this subparagraph (E) for each such taxable year;
   (E-5) For taxable years ending after December 31, 
 1997, an
amount equal to any eligible remediation 
 costs that the corporation
deducted in computing 
 adjusted gross income and for which the
corporation 
 claims a credit under subsection (l) of Section 201;
   (E-10) For taxable years 2001 and thereafter, an 
 amount equal to the
bonus depreciation deduction taken 
 on the taxpayer's federal income tax return for the 
 taxable
year under subsection (k) of Section 168 of 
 the Internal Revenue Code;
   (E-11) If the taxpayer sells, transfers, abandons, 
 or otherwise disposes of property for which the 
 taxpayer was required in any taxable year to
make an 
 addition modification under subparagraph (E-10), then 
 an amount equal
to the aggregate amount of the 
 deductions taken in all taxable
years under 
 subparagraph (T) with respect to that property.
   If the taxpayer continues to own property through 
 the last day of the last tax year for which a 
 subtraction is allowed with respect to that property 
 under subparagraph (T) and for which the taxpayer was 
 allowed in any taxable year to make a subtraction 
 modification under subparagraph (T), then an amount 
 equal to that subtraction modification.

   The taxpayer is required to make the addition 
 modification under this
subparagraph
only once with 
 respect to any one piece of property;
   (E-12) An amount equal to the amount otherwise 
 allowed as a deduction in computing base income for 
 interest paid, accrued, or incurred, directly or 
 indirectly, (i) for taxable years ending on or after 
 December 31, 2004, to a foreign person who would be a 
 member of the same unitary business group but for the 
 fact the foreign person's business activity outside 
 the United States is 80% or more of the foreign 
 person's total business activity and (ii) for taxable 
 years ending on or after December 31, 2008, to a person 
 who would be a member of the same unitary business 
 group but for the fact that the person is prohibited 
 under Section 1501(a)(27) from being included in the 
 unitary business group because he or she is ordinarily 
 required to apportion business income under different 
 subsections of Section 304. The addition modification 
 required by this subparagraph shall be reduced to the 
 extent that dividends were included in base income of 
 the unitary group for the same taxable year and 
 received by the taxpayer or by a member of the 
 taxpayer's unitary business group (including amounts 
 included in gross income pursuant to Sections 951 
 through 964 of the Internal Revenue Code and amounts 
 included in gross income under Section 78 of the 
 Internal Revenue Code) with respect to the stock of 
 the same person to whom the interest was paid, 
 accrued, or incurred.

   This paragraph shall not apply to the following:

    (i) an item of interest paid, accrued, or 
 incurred, directly or indirectly, to a person who 
 is subject in a foreign country or state, other 
 than a state which requires mandatory unitary 
 reporting, to a tax on or measured by net income 
 with respect to such interest; or
    (ii) an item of interest paid, accrued, or 
 incurred, directly or indirectly, to a person if 
 the taxpayer can establish, based on a 
 preponderance of the evidence, both of the 
 following:
     (a) the person, during the same taxable 
 year, paid, accrued, or incurred, the interest 
 to a person that is not a related member, and
     (b) the transaction giving rise to the 
 interest expense between the taxpayer and the 
 person did not have as a principal purpose the 
 avoidance of Illinois income tax, and is paid 
 pursuant to a contract or agreement that 
 reflects an arm's-length interest rate and 
 terms; or

    (iii) the taxpayer can establish, based on 
 clear and convincing evidence, that the interest 
 paid, accrued, or incurred relates to a contract 
 or agreement entered into at arm's-length rates 
 and terms and the principal purpose for the 
 payment is not federal or Illinois tax avoidance; 
 or

    (iv) an item of interest paid, accrued, or 
 incurred, directly or indirectly, to a person if 
 the taxpayer establishes by clear and convincing 
 evidence that the adjustments are unreasonable; or 
 if the taxpayer and the Director agree in writing 
 to the application or use of an alternative method 
 of apportionment under Section 304(f).

    Nothing in this subsection shall preclude the 
 Director from making any other adjustment 
 otherwise allowed under Section 404 of this Act 
 for any tax year beginning after the effective 
 date of this amendment provided such adjustment is 
 made pursuant to regulation adopted by the 
 Department and such regulations provide methods 
 and standards by which the Department will utilize 
 its authority under Section 404 of this Act;

   (E-13) An amount equal to the amount of intangible 
 expenses and costs otherwise allowed as a deduction in 
 computing base income, and that were paid, accrued, or 
 incurred, directly or indirectly, (i) for taxable 
 years ending on or after December 31, 2004, to a 
 foreign person who would be a member of the same 
 unitary business group but for the fact that the 
 foreign person's business activity outside the United 
 States is 80% or more of that person's total business 
 activity and (ii) for taxable years ending on or after 
 December 31, 2008, to a person who would be a member of 
 the same unitary business group but for the fact that 
 the person is prohibited under Section 1501(a)(27) 
 from being included in the unitary business group 
 because he or she is ordinarily required to apportion 
 business income under different subsections of Section 
 304. The addition modification required by this 
 subparagraph shall be reduced to the extent that 
 dividends were included in base income of the unitary 
 group for the same taxable year and received by the 
 taxpayer or by a member of the taxpayer's unitary 
 business group (including amounts included in gross 
 income pursuant to Sections 951 through 964 of the 
 Internal Revenue Code and amounts included in gross 
 income under Section 78 of the Internal Revenue Code) 
 with respect to the stock of the same person to whom 
 the intangible expenses and costs were directly or 
 indirectly paid, incurred, or accrued. The preceding 
 sentence shall not apply to the extent that the same 
 dividends caused a reduction to the addition 
 modification required under Section 203(b)(2)(E-12) of 
 this Act.
As used in this subparagraph, the term 
 "intangible expenses and costs" includes (1) expenses, 
 losses, and costs for, or related to, the direct or 
 indirect acquisition, use, maintenance or management, 
 ownership, sale, exchange, or any other disposition of 
 intangible property; (2) losses incurred, directly or 
 indirectly, from factoring transactions or discounting 
 transactions; (3) royalty, patent, technical, and 
 copyright fees; (4) licensing fees; and (5) other 
 similar expenses and costs.
For purposes of this 
 subparagraph, "intangible property" includes patents, 
 patent applications, trade names, trademarks, service 
 marks, copyrights, mask works, trade secrets, and 
 similar types of intangible assets.
   This paragraph shall not apply to the following:
    (i) any item of intangible expenses or costs 
 paid, accrued, or incurred, directly or 
 indirectly, from a transaction with a person who 
 is subject in a foreign country or state, other 
 than a state which requires mandatory unitary 
 reporting, to a tax on or measured by net income 
 with respect to such item; or
    (ii) any item of intangible expense or cost 
 paid, accrued, or incurred, directly or 
 indirectly, if the taxpayer can establish, based 
 on a preponderance of the evidence, both of the 
 following:
     (a) the person during the same taxable 
 year paid, accrued, or incurred, the 
 intangible expense or cost to a person that is 
 not a related member, and
     (b) the transaction giving rise to the 
 intangible expense or cost between the 
 taxpayer and the person did not have as a 
 principal purpose the avoidance of Illinois 
 income tax, and is paid pursuant to a contract 
 or agreement that reflects arm's-length terms; 
 or
    (iii) any item of intangible expense or cost 
 paid, accrued, or incurred, directly or 
 indirectly, from a transaction with a person if 
 the taxpayer establishes by clear and convincing 
 evidence, that the adjustments are unreasonable; 
 or if the taxpayer and the Director agree in 
 writing to the application or use of an 
 alternative method of apportionment under Section 
 304(f);

    Nothing in this subsection shall preclude the 
 Director from making any other adjustment 
 otherwise allowed under Section 404 of this Act 
 for any tax year beginning after the effective 
 date of this amendment provided such adjustment is 
 made pursuant to regulation adopted by the 
 Department and such regulations provide methods 
 and standards by which the Department will utilize 
 its authority under Section 404 of this Act;

   (E-14) For taxable years ending on or after 
 December 31, 2008, an amount equal to the amount of 
 insurance premium expenses and costs otherwise allowed 
 as a deduction in computing base income, and that were 
 paid, accrued, or incurred, directly or indirectly, to 
 a person who would be a member of the same unitary 
 business group but for the fact that the person is 
 prohibited under Section 1501(a)(27) from being 
 included in the unitary business group because he or 
 she is ordinarily required to apportion business 
 income under different subsections of Section 304. The 
 addition modification required by this subparagraph 
 shall be reduced to the extent that dividends were 
 included in base income of the unitary group for the 
 same taxable year and received by the taxpayer or by a 
 member of the taxpayer's unitary business group 
 (including amounts included in gross income under 
 Sections 951 through 964 of the Internal Revenue Code 
 and amounts included in gross income under Section 78 
 of the Internal Revenue Code) with respect to the 
 stock of the same person to whom the premiums and costs 
 were directly or indirectly paid, incurred, or 
 accrued. The preceding sentence does not apply to the 
 extent that the same dividends caused a reduction to 
 the addition modification required under Section 
 203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this 
 Act;

   (E-15) For taxable years beginning after December 
 31, 2008, any deduction for dividends paid by a 
 captive real estate investment trust that is allowed 
 to a real estate investment trust under Section 
 857(b)(2)(B) of the Internal Revenue Code for 
 dividends paid;
   (E-16) An amount equal to the credit allowable to 
 the taxpayer under Section 218(a) of this Act, 
 determined without regard to Section 218(c) of this 
 Act;
   (E-17) For taxable years ending on or after 
 December 31, 2017, an amount equal to the deduction 
 allowed under Section 199 of the Internal Revenue Code 
 for the taxable year; 
   (E-18) for taxable years beginning after December 
 31, 2018, an amount equal to the deduction allowed 
 under Section 250(a)(1)(A) of the Internal Revenue 
 Code for the taxable year; 
   (E-19) for taxable years ending on or after June 
 30, 2021, an amount equal to the deduction allowed 
 under Section 250(a)(1)(B)(i) of the Internal Revenue 
 Code for the taxable year; 
   (E-20) for taxable years ending on or after June 
 30, 2021, an amount equal to the deduction allowed 
 under Sections 243(e) and 245A(a) of the Internal 
 Revenue Code for the taxable year. 
 and by deducting from the total so obtained the sum of the 
 following
amounts:
   (F) An amount equal to the amount of any tax 
 imposed by this Act
which was refunded to the taxpayer 
 and included in such total for the
taxable year;
   (G) An amount equal to any amount included in such 
 total under
Section 78 of the Internal Revenue Code;
   (H) In the case of a regulated investment company, 
 an amount equal
to the amount of exempt interest 
 dividends as defined in subsection (b)(5) of Section 
 852 of the Internal Revenue Code, paid to shareholders

 for the taxable year;
   (I) With the exception of any amounts subtracted 
 under subparagraph
(J),
an amount equal to the sum of 
 all amounts disallowed as
deductions by (i) Sections 
 171(a)(2) and 265(a)(2) and amounts disallowed as

 interest expense by Section 291(a)(3) of the Internal 
 Revenue Code, and all amounts of expenses allocable to 
 interest and
disallowed as deductions by Section 
 265(a)(1) of the Internal Revenue Code;
and (ii) for 
 taxable years
ending on or after August 13, 1999, 
 Sections
171(a)(2), 265,
280C, 291(a)(3), and 
 832(b)(5)(B)(i) of the Internal Revenue Code, plus, 
 for tax years ending on or after December 31, 2011, 
 amounts disallowed as deductions by Section 45G(e)(3) 
 of the Internal Revenue Code and, for taxable years 
 ending on or after December 31, 2008, any amount 
 included in gross income under Section 87 of the 
 Internal Revenue Code and the policyholders' share of 
 tax-exempt interest of a life insurance company under 
 Section 807(a)(2)(B) of the Internal Revenue Code (in 
 the case of a life insurance company with gross income 
 from a decrease in reserves for the tax year) or 
 Section 807(b)(1)(B) of the Internal Revenue Code (in 
 the case of a life insurance company allowed a 
 deduction for an increase in reserves for the tax 
 year); the
provisions of this
subparagraph are exempt 
 from the provisions of Section 250;
   (J) An amount equal to all amounts included in 
 such total which are
exempt from taxation by this 
 State either by reason of its statutes or
Constitution

 or by reason of the Constitution, treaties or statutes 
 of the United States;
provided that, in the case of any 
 statute of this State that exempts income
derived from 
 bonds or other obligations from the tax imposed under 
 this Act,
the amount exempted shall be the interest 
 net of bond premium amortization;
   (K) An amount equal to those dividends included in 
 such total
which were paid by a corporation which 
 conducts
business operations in a River Edge 
 Redevelopment Zone or zones created under the River 
 Edge Redevelopment Zone Act and conducts substantially 
 all of its
operations in a River Edge Redevelopment 
 Zone or zones. This subparagraph (K) is exempt from 
 the provisions of Section 250;
   (L) An amount equal to those dividends included in 
 such total that
were paid by a corporation that 
 conducts business operations in a federally
designated 
 Foreign Trade Zone or Sub-Zone and that is designated 
 a High Impact
Business located in Illinois; provided 
 that dividends eligible for the
deduction provided in 
 subparagraph (K) of paragraph 2 of this subsection

 shall not be eligible for the deduction provided under 
 this subparagraph
(L);
   (M) For any taxpayer that is a financial 
 organization within the meaning
of Section 304(c) of 
 this Act, an amount included in such total as interest

 income from a loan or loans made by such taxpayer to a 
 borrower, to the extent
that such a loan is secured by 
 property which is eligible for the River Edge 
 Redevelopment Zone Investment Credit. To determine the 
 portion of a loan or loans that is
secured by property 
 eligible for a Section 201(f) investment
credit to the 
 borrower, the entire principal amount of the loan or 
 loans
between the taxpayer and the borrower should be 
 divided into the basis of the
Section 201(f) 
 investment credit property which secures the
loan or 
 loans, using for this purpose the original basis of 
 such property on
the date that it was placed in service 
 in the River Edge Redevelopment Zone. The subtraction 
 modification available to the taxpayer in any
year 
 under this subsection shall be that portion of the 
 total interest paid
by the borrower with respect to 
 such loan attributable to the eligible
property as 
 calculated under the previous sentence. This 
 subparagraph (M) is exempt from the provisions of 
 Section 250;
   (M-1) For any taxpayer that is a financial 
 organization within the
meaning of Section 304(c) of 
 this Act, an amount included in such total as
interest 
 income from a loan or loans made by such taxpayer to a 
 borrower,
to the extent that such a loan is secured by 
 property which is eligible for
the High Impact 
 Business Investment Credit. To determine the portion 
 of a
loan or loans that is secured by property eligible 
 for a Section 201(h) investment credit to the 
 borrower, the entire principal amount of
the loan or 
 loans between the taxpayer and the borrower should be 
 divided into
the basis of the Section 201(h) 
 investment credit property which
secures the loan or 
 loans, using for this purpose the original basis of 
 such
property on the date that it was placed in service 
 in a federally designated
Foreign Trade Zone or 
 Sub-Zone located in Illinois. No taxpayer that is

 eligible for the deduction provided in subparagraph 
 (M) of paragraph (2) of
this subsection shall be 
 eligible for the deduction provided under this

 subparagraph (M-1). The subtraction modification 
 available to taxpayers in
any year under this 
 subsection shall be that portion of the total interest

 paid by the borrower with respect to such loan 
 attributable to the eligible
property as calculated 
 under the previous sentence;
   (N) Two times any contribution made during the 
 taxable year to a
designated zone organization to the 
 extent that the contribution (i)
qualifies as a 
 charitable contribution under subsection (c) of 
 Section 170
of the Internal Revenue Code and (ii) 
 must, by its terms, be used for a
project approved by 
 the Department of Commerce and Economic Opportunity 
 under Section 11 of the Illinois Enterprise Zone Act 
 or under Section 10-10 of the River Edge Redevelopment 
 Zone Act. This subparagraph (N) is exempt from the 
 provisions of Section 250;
   (O) An amount equal to: (i) 85% for taxable years 
 ending on or before
December 31, 1992, or, a 
 percentage equal to the percentage allowable under

 Section 243(a)(1) of the Internal Revenue Code of 1986 
 for taxable years ending
after December 31, 1992, of 
 the amount by which dividends included in taxable

 income and received from a corporation that is not 
 created or organized under
the laws of the United 
 States or any state or political subdivision thereof,

 including, for taxable years ending on or after 
 December 31, 1988, dividends
received or deemed 
 received or paid or deemed paid under Sections 951 
 through
965 of the Internal Revenue Code, exceed the 
 amount of the modification
provided under subparagraph 
 (G) of paragraph (2) of this subsection (b) which
is 
 related to such dividends, and including, for taxable 
 years ending on or after December 31, 2008, dividends 
 received from a captive real estate investment trust; 
 plus (ii) 100% of the amount by which dividends,

 included in taxable income and received, including, 
 for taxable years ending on
or after December 31, 
 1988, dividends received or deemed received or paid or

 deemed paid under Sections 951 through 964 of the 
 Internal Revenue Code and including, for taxable years 
 ending on or after December 31, 2008, dividends 
 received from a captive real estate investment trust, 
 from
any such corporation specified in clause (i) that 
 would but for the provisions
of Section 1504(b)(3) of 
 the Internal Revenue Code be treated as a member of
the 
 affiliated group which includes the dividend 
 recipient, exceed the amount
of the modification 
 provided under subparagraph (G) of paragraph (2) of 
 this
subsection (b) which is related to such 
 dividends. For taxable years ending on or after June 
 30, 2021, (i) for purposes of this subparagraph, the 
 term "dividend" does not include any amount treated as 
 a dividend under Section 1248 of the Internal Revenue 
 Code, and (ii) this subparagraph shall not apply to 
 dividends for which a deduction is allowed under 
 Section 245(a) of the Internal Revenue Code. This 
 subparagraph (O) is exempt from the provisions of 
 Section 250 of this Act;
   (P) An amount equal to any contribution made to a 
 job training project
established pursuant to the Tax 
 Increment Allocation Redevelopment Act;
   (Q) An amount equal to the amount of the deduction 
 used to compute the
federal income tax credit for 
 restoration of substantial amounts held under
claim of 
 right for the taxable year pursuant to Section 1341 of 
 the
Internal Revenue Code;
   (R) On and after July 20, 1999, in the case of an 
 attorney-in-fact with respect to whom an
interinsurer 
 or a reciprocal insurer has made the election under 
 Section 835 of
the Internal Revenue Code, 26 U.S.C. 
 835, an amount equal to the excess, if
any, of the 
 amounts paid or incurred by that interinsurer or 
 reciprocal insurer
in the taxable year to the 
 attorney-in-fact over the deduction allowed to that

 interinsurer or reciprocal insurer with respect to the 
 attorney-in-fact under
Section 835(b) of the Internal 
 Revenue Code for the taxable year; the provisions of 
 this subparagraph are exempt from the provisions of 
 Section 250;
   (S) For taxable years ending on or after December 
 31, 1997, in the
case of a Subchapter
S corporation, an 
 amount equal to all amounts of income allocable to a

 shareholder subject to the Personal Property Tax 
 Replacement Income Tax imposed
by subsections (c) and 
 (d) of Section 201 of this Act, including amounts

 allocable to organizations exempt from federal income 
 tax by reason of Section
501(a) of the Internal 
 Revenue Code. This subparagraph (S) is exempt from
the 
 provisions of Section 250;
   (T) For taxable years 2001 and thereafter, for the 
 taxable year in
which the bonus depreciation deduction

 is taken on the taxpayer's federal income tax return 
 under
subsection (k) of Section 168 of the Internal 
 Revenue Code and for each
applicable taxable year 
 thereafter, an amount equal to "x", where:
    (1) "y" equals the amount of the depreciation 
 deduction taken for the
taxable year
on the 
 taxpayer's federal income tax return on property 
 for which the bonus
depreciation deduction
was 
 taken in any year under subsection (k) of Section 
 168 of the Internal
Revenue Code, but not 
 including the bonus depreciation deduction;
    (2) for taxable years ending on or before 
 December 31, 2005, "x" equals "y" multiplied by 30 
 and then divided by 70 (or "y"
multiplied by 
 0.429); and
    (3) for taxable years ending after December 
 31, 2005:
     (i) for property on which a bonus 
 depreciation deduction of 30% of the adjusted 
 basis was taken, "x" equals "y" multiplied by 
 30 and then divided by 70 (or "y"
multiplied 
 by 0.429);
     (ii) for property on which a bonus 
 depreciation deduction of 50% of the adjusted 
 basis was taken, "x" equals "y" multiplied by 
 1.0;
     (iii) for property on which a bonus 
 depreciation deduction of 100% of the adjusted 
 basis was taken in a taxable year ending on or 
 after December 31, 2021, "x" equals the 
 depreciation deduction that would be allowed 
 on that property if the taxpayer had made the 
 election under Section 168(k)(7) of the 
 Internal Revenue Code to not claim bonus 
 depreciation deprecation on that property; and
     (iv) for property on which a bonus 
 depreciation deduction of a percentage other 
 than 30%, 50% or 100% of the adjusted basis 
 was taken in a taxable year ending on or after 
 December 31, 2021, "x" equals "y" multiplied 
 by 100 times the percentage bonus depreciation 
 on the property (that is, 100(bonus%)) and 
 then divided by 100 times 1 minus the 
 percentage bonus depreciation on the property 
 (that is, 100(1–bonus%)). 
   The aggregate amount deducted under this 
 subparagraph in all taxable
years for any one piece of 
 property may not exceed the amount of the bonus

 depreciation deduction
taken on that property on the 
 taxpayer's federal income tax return under
subsection 
 (k) of Section 168 of the Internal Revenue Code. This 
 subparagraph (T) is exempt from the provisions of 
 Section 250;
   (U) If the taxpayer sells, transfers, abandons, or 
 otherwise disposes of
property for which the taxpayer 
 was required in any taxable year to make an
addition 
 modification under subparagraph (E-10), then an amount 
 equal to that
addition modification.
   If the taxpayer continues to own property through 
 the last day of the last tax year for which a 
 subtraction is allowed with respect to that property 
 under subparagraph (T) and for which the taxpayer was 
 required in any taxable year to make an addition 
 modification under subparagraph (E-10), then an amount 
 equal to that addition modification.

   The taxpayer is allowed to take the deduction 
 under this subparagraph
only once with respect to any 
 one piece of property.
   This subparagraph (U) is exempt from the 
 provisions of Section 250;
   (V) The amount of: (i) any interest income (net of 
 the deductions allocable thereto) taken into account 
 for the taxable year with respect to a transaction 
 with a taxpayer that is required to make an addition 
 modification with respect to such transaction under 
 Section 203(a)(2)(D-17), 203(b)(2)(E-12), 
 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed 
 the amount of such addition modification,
(ii) any 
 income from intangible property (net of the deductions 
 allocable thereto) taken into account for the taxable 
 year with respect to a transaction with a taxpayer 
 that is required to make an addition modification with 
 respect to such transaction under Section 
 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or 
 203(d)(2)(D-8), but not to exceed the amount of such 
 addition modification, and (iii) any insurance premium 
 income (net of deductions allocable thereto) taken 
 into account for the taxable year with respect to a 
 transaction with a taxpayer that is required to make 
 an addition modification with respect to such 
 transaction under Section 203(a)(2)(D-19), Section 
 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section 
 203(d)(2)(D-9), but not to exceed the amount of that 
 addition modification. This subparagraph (V) is exempt 
 from the provisions of Section 250;

   (W) An amount equal to the interest income taken 
 into account for the taxable year (net of the 
 deductions allocable thereto) with respect to 
 transactions with (i) a foreign person who would be a 
 member of the taxpayer's unitary business group but 
 for the fact that the foreign person's business 
 activity outside the United States is 80% or more of 
 that person's total business activity and (ii) for 
 taxable years ending on or after December 31, 2008, to 
 a person who would be a member of the same unitary 
 business group but for the fact that the person is 
 prohibited under Section 1501(a)(27) from being 
 included in the unitary business group because he or 
 she is ordinarily required to apportion business 
 income under different subsections of Section 304, but 
 not to exceed the addition modification required to be 
 made for the same taxable year under Section 
 203(b)(2)(E-12) for interest paid, accrued, or 
 incurred, directly or indirectly, to the same person. 
 This subparagraph (W) is exempt from the provisions of 
 Section 250;

   (X) An amount equal to the income from intangible 
 property taken into account for the taxable year (net 
 of the deductions allocable thereto) with respect to 
 transactions with (i) a foreign person who would be a 
 member of the taxpayer's unitary business group but 
 for the fact that the foreign person's business 
 activity outside the United States is 80% or more of 
 that person's total business activity and (ii) for 
 taxable years ending on or after December 31, 2008, to 
 a person who would be a member of the same unitary 
 business group but for the fact that the person is 
 prohibited under Section 1501(a)(27) from being 
 included in the unitary business group because he or 
 she is ordinarily required to apportion business 
 income under different subsections of Section 304, but 
 not to exceed the addition modification required to be 
 made for the same taxable year under Section 
 203(b)(2)(E-13) for intangible expenses and costs 
 paid, accrued, or incurred, directly or indirectly, to 
 the same foreign person. This subparagraph (X) is 
 exempt from the provisions of Section 250;

   (Y) For taxable years ending on or after December 
 31, 2011, in the case of a taxpayer who was required to 
 add back any insurance premiums under Section 
 203(b)(2)(E-14), such taxpayer may elect to subtract 
 that part of a reimbursement received from the 
 insurance company equal to the amount of the expense 
 or loss (including expenses incurred by the insurance 
 company) that would have been taken into account as a 
 deduction for federal income tax purposes if the 
 expense or loss had been uninsured. If a taxpayer 
 makes the election provided for by this subparagraph 
 (Y), the insurer to which the premiums were paid must 
 add back to income the amount subtracted by the 
 taxpayer pursuant to this subparagraph (Y). This 
 subparagraph (Y) is exempt from the provisions of 
 Section 250; and 
   (Z) The difference between the nondeductible 
 controlled foreign corporation dividends under Section 
 965(e)(3) of the Internal Revenue Code over the 
 taxable income of the taxpayer, computed without 
 regard to Section 965(e)(2)(A) of the Internal Revenue 
 Code, and without regard to any net operating loss 
 deduction. This subparagraph (Z) is exempt from the 
 provisions of Section 250. 
  (3) Special rule. For purposes of paragraph (2)(A), 
 "gross income"
in the case of a life insurance company, 
 for tax years ending on and after
December 31, 1994,
and 
 prior to December 31, 2011, shall mean the gross 
 investment income for the taxable year and, for tax years 
 ending on or after December 31, 2011, shall mean all 
 amounts included in life insurance gross income under 
 Section 803(a)(3) of the Internal Revenue Code.

 (c) Trusts and estates.
  (1) In general. In the case of a trust or estate, base 
 income means
an amount equal to the taxpayer's taxable 
 income for the taxable year as
modified by paragraph (2).
  (2) Modifications. Subject to the provisions of 
 paragraph (3), the
taxable income referred to in paragraph 
 (1) shall be modified by adding
thereto the sum of the 
 following amounts:
   (A) An amount equal to all amounts paid or accrued 
 to the taxpayer
as interest or dividends during the 
 taxable year to the extent excluded
from gross income 
 in the computation of taxable income;
   (B) In the case of (i) an estate, $600; (ii) a 
 trust which, under
its governing instrument, is 
 required to distribute all of its income
currently, 
 $300; and (iii) any other trust, $100, but in each such 
 case,
only to the extent such amount was deducted in 
 the computation of
taxable income;
   (C) An amount equal to the amount of tax imposed by 
 this Act to the
extent deducted from gross income in 
 the computation of taxable income
for the taxable 
 year;
   (D) The amount of any net operating loss deduction 
 taken in arriving at
taxable income, other than a net 
 operating loss carried forward from a
taxable year 
 ending prior to December 31, 1986;
   (E) For taxable years in which a net operating 
 loss carryback or
carryforward from a taxable year 
 ending prior to December 31, 1986 is an
element of 
 taxable income under paragraph (1) of subsection (e) 
 or subparagraph
(E) of paragraph (2) of subsection 
 (e), the amount by which addition
modifications other 
 than those provided by this subparagraph (E) exceeded

 subtraction modifications in such taxable year, with 
 the following limitations
applied in the order that 
 they are listed:
    (i) the addition modification relating to the 
 net operating loss
carried back or forward to the 
 taxable year from any taxable year ending
prior to 
 December 31, 1986 shall be reduced by the amount 
 of addition
modification under this subparagraph 
 (E) which related to that net
operating loss and 
 which was taken into account in calculating the 
 base
income of an earlier taxable year, and
    (ii) the addition modification relating to the 
 net operating loss
carried back or forward to the 
 taxable year from any taxable year ending
prior to 
 December 31, 1986 shall not exceed the amount of 
 such carryback or
carryforward;
   For taxable years in which there is a net 
 operating loss carryback or
carryforward from more 
 than one other taxable year ending prior to December

 31, 1986, the addition modification provided in this 
 subparagraph (E) shall
be the sum of the amounts 
 computed independently under the preceding
provisions 
 of this subparagraph (E) for each such taxable year;
   (F) For taxable years ending on or after January 
 1, 1989, an amount
equal to the tax deducted pursuant 
 to Section 164 of the Internal Revenue
Code if the 
 trust or estate is claiming the same tax for purposes 
 of the
Illinois foreign tax credit under Section 601 
 of this Act;
   (G) An amount equal to the amount of the capital 
 gain deduction
allowable under the Internal Revenue 
 Code, to the extent deducted from
gross income in the 
 computation of taxable income;
   (G-5) For taxable years ending after December 31, 
 1997, an
amount equal to any eligible remediation 
 costs that the trust or estate
deducted in computing 
 adjusted gross income and for which the trust
or 
 estate claims a credit under subsection (l) of Section 
 201;
   (G-10) For taxable years 2001 and thereafter, an 
 amount equal to the
bonus depreciation deduction taken 
 on the taxpayer's federal income tax return for the 
 taxable
year under subsection (k) of Section 168 of 
 the Internal Revenue Code; and
   (G-11) If the taxpayer sells, transfers, abandons, 
 or otherwise disposes of property for which the 
 taxpayer was required in any taxable year to
make an 
 addition modification under subparagraph (G-10), then 
 an amount equal
to the aggregate amount of the 
 deductions taken in all taxable
years under 
 subparagraph (R) with respect to that property.
   If the taxpayer continues to own property through 
 the last day of the last tax year for which a 
 subtraction is allowed with respect to that property 
 under subparagraph (R) and for which the taxpayer was 
 allowed in any taxable year to make a subtraction 
 modification under subparagraph (R), then an amount 
 equal to that subtraction modification.

   The taxpayer is required to make the addition 
 modification under this
subparagraph
only once with 
 respect to any one piece of property;
   (G-12) An amount equal to the amount otherwise 
 allowed as a deduction in computing base income for 
 interest paid, accrued, or incurred, directly or 
 indirectly, (i) for taxable years ending on or after 
 December 31, 2004, to a foreign person who would be a 
 member of the same unitary business group but for the 
 fact that the foreign person's business activity 
 outside the United States is 80% or more of the foreign 
 person's total business activity and (ii) for taxable 
 years ending on or after December 31, 2008, to a person 
 who would be a member of the same unitary business 
 group but for the fact that the person is prohibited 
 under Section 1501(a)(27) from being included in the 
 unitary business group because he or she is ordinarily 
 required to apportion business income under different 
 subsections of Section 304. The addition modification 
 required by this subparagraph shall be reduced to the 
 extent that dividends were included in base income of 
 the unitary group for the same taxable year and 
 received by the taxpayer or by a member of the 
 taxpayer's unitary business group (including amounts 
 included in gross income pursuant to Sections 951 
 through 964 of the Internal Revenue Code and amounts 
 included in gross income under Section 78 of the 
 Internal Revenue Code) with respect to the stock of 
 the same person to whom the interest was paid, 
 accrued, or incurred.

   This paragraph shall not apply to the following:

    (i) an item of interest paid, accrued, or 
 incurred, directly or indirectly, to a person who 
 is subject in a foreign country or state, other 
 than a state which requires mandatory unitary 
 reporting, to a tax on or measured by net income 
 with respect to such interest; or
    (ii) an item of interest paid, accrued, or 
 incurred, directly or indirectly, to a person if 
 the taxpayer can establish, based on a 
 preponderance of the evidence, both of the 
 following:
     (a) the person, during the same taxable 
 year, paid, accrued, or incurred, the interest 
 to a person that is not a related member, and
     (b) the transaction giving rise to the 
 interest expense between the taxpayer and the 
 person did not have as a principal purpose the 
 avoidance of Illinois income tax, and is paid 
 pursuant to a contract or agreement that 
 reflects an arm's-length interest rate and 
 terms; or

    (iii) the taxpayer can establish, based on 
 clear and convincing evidence, that the interest 
 paid, accrued, or incurred relates to a contract 
 or agreement entered into at arm's-length rates 
 and terms and the principal purpose for the 
 payment is not federal or Illinois tax avoidance; 
 or

    (iv) an item of interest paid, accrued, or 
 incurred, directly or indirectly, to a person if 
 the taxpayer establishes by clear and convincing 
 evidence that the adjustments are unreasonable; or 
 if the taxpayer and the Director agree in writing 
 to the application or use of an alternative method 
 of apportionment under Section 304(f).

    Nothing in this subsection shall preclude the 
 Director from making any other adjustment 
 otherwise allowed under Section 404 of this Act 
 for any tax year beginning after the effective 
 date of this amendment provided such adjustment is 
 made pursuant to regulation adopted by the 
 Department and such regulations provide methods 
 and standards by which the Department will utilize 
 its authority under Section 404 of this Act;

   (G-13) An amount equal to the amount of intangible 
 expenses and costs otherwise allowed as a deduction in 
 computing base income, and that were paid, accrued, or 
 incurred, directly or indirectly, (i) for taxable 
 years ending on or after December 31, 2004, to a 
 foreign person who would be a member of the same 
 unitary business group but for the fact that the 
 foreign person's business activity outside the United 
 States is 80% or more of that person's total business 
 activity and (ii) for taxable years ending on or after 
 December 31, 2008, to a person who would be a member of 
 the same unitary business group but for the fact that 
 the person is prohibited under Section 1501(a)(27) 
 from being included in the unitary business group 
 because he or she is ordinarily required to apportion 
 business income under different subsections of Section 
 304. The addition modification required by this 
 subparagraph shall be reduced to the extent that 
 dividends were included in base income of the unitary 
 group for the same taxable year and received by the 
 taxpayer or by a member of the taxpayer's unitary 
 business group (including amounts included in gross 
 income pursuant to Sections 951 through 964 of the 
 Internal Revenue Code and amounts included in gross 
 income under Section 78 of the Internal Revenue Code) 
 with respect to the stock of the same person to whom 
 the intangible expenses and costs were directly or 
 indirectly paid, incurred, or accrued. The preceding 
 sentence shall not apply to the extent that the same 
 dividends caused a reduction to the addition 
 modification required under Section 203(c)(2)(G-12) of 
 this Act. As used in this subparagraph, the term 
 "intangible expenses and costs" includes: (1) 
 expenses, losses, and costs for or related to the 
 direct or indirect acquisition, use, maintenance or 
 management, ownership, sale, exchange, or any other 
 disposition of intangible property; (2) losses 
 incurred, directly or indirectly, from factoring 
 transactions or discounting transactions; (3) royalty, 
 patent, technical, and copyright fees; (4) licensing 
 fees; and (5) other similar expenses and costs. For 
 purposes of this subparagraph, "intangible property" 
 includes patents, patent applications, trade names, 
 trademarks, service marks, copyrights, mask works, 
 trade secrets, and similar types of intangible assets.
   This paragraph shall not apply to the following:
    (i) any item of intangible expenses or costs 
 paid, accrued, or incurred, directly or 
 indirectly, from a transaction with a person who 
 is subject in a foreign country or state, other 
 than a state which requires mandatory unitary 
 reporting, to a tax on or measured by net income 
 with respect to such item; or
    (ii) any item of intangible expense or cost 
 paid, accrued, or incurred, directly or 
 indirectly, if the taxpayer can establish, based 
 on a preponderance of the evidence, both of the 
 following:
     (a) the person during the same taxable 
 year paid, accrued, or incurred, the 
 intangible expense or cost to a person that is 
 not a related member, and
     (b) the transaction giving rise to the 
 intangible expense or cost between the 
 taxpayer and the person did not have as a 
 principal purpose the avoidance of Illinois 
 income tax, and is paid pursuant to a contract 
 or agreement that reflects arm's-length terms; 
 or
    (iii) any item of intangible expense or cost 
 paid, accrued, or incurred, directly or 
 indirectly, from a transaction with a person if 
 the taxpayer establishes by clear and convincing 
 evidence, that the adjustments are unreasonable; 
 or if the taxpayer and the Director agree in 
 writing to the application or use of an 
 alternative method of apportionment under Section 
 304(f);

    Nothing in this subsection shall preclude the 
 Director from making any other adjustment 
 otherwise allowed under Section 404 of this Act 
 for any tax year beginning after the effective 
 date of this amendment provided such adjustment is 
 made pursuant to regulation adopted by the 
 Department and such regulations provide methods 
 and standards by which the Department will utilize 
 its authority under Section 404 of this Act;

   (G-14) For taxable years ending on or after 
 December 31, 2008, an amount equal to the amount of 
 insurance premium expenses and costs otherwise allowed 
 as a deduction in computing base income, and that were 
 paid, accrued, or incurred, directly or indirectly, to 
 a person who would be a member of the same unitary 
 business group but for the fact that the person is 
 prohibited under Section 1501(a)(27) from being 
 included in the unitary business group because he or 
 she is ordinarily required to apportion business 
 income under different subsections of Section 304. The 
 addition modification required by this subparagraph 
 shall be reduced to the extent that dividends were 
 included in base income of the unitary group for the 
 same taxable year and received by the taxpayer or by a 
 member of the taxpayer's unitary business group 
 (including amounts included in gross income under 
 Sections 951 through 964 of the Internal Revenue Code 
 and amounts included in gross income under Section 78 
 of the Internal Revenue Code) with respect to the 
 stock of the same person to whom the premiums and costs 
 were directly or indirectly paid, incurred, or 
 accrued. The preceding sentence does not apply to the 
 extent that the same dividends caused a reduction to 
 the addition modification required under Section 
 203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this 
 Act;
   (G-15) An amount equal to the credit allowable to 
 the taxpayer under Section 218(a) of this Act, 
 determined without regard to Section 218(c) of this 
 Act;
   (G-16) For taxable years ending on or after 
 December 31, 2017, an amount equal to the deduction 
 allowed under Section 199 of the Internal Revenue Code 
 for the taxable year; 
 and by deducting from the total so obtained the sum of the 
 following
amounts:
   (H) An amount equal to all amounts included in 
 such total pursuant
to the provisions of Sections 
 402(a), 402(c), 403(a), 403(b), 406(a), 407(a)
and 408 
 of the Internal Revenue Code or included in such total 
 as
distributions under the provisions of any 
 retirement or disability plan for
employees of any 
 governmental agency or unit, or retirement payments to

 retired partners, which payments are excluded in 
 computing net earnings
from self employment by Section 
 1402 of the Internal Revenue Code and
regulations 
 adopted pursuant thereto;
   (I) The valuation limitation amount;
   (J) An amount equal to the amount of any tax 
 imposed by this Act
which was refunded to the taxpayer 
 and included in such total for the
taxable year;
   (K) An amount equal to all amounts included in 
 taxable income as
modified by subparagraphs (A), (B), 
 (C), (D), (E), (F) and (G) which
are exempt from 
 taxation by this State either by reason of its 
 statutes or
Constitution
or by reason of the 
 Constitution, treaties or statutes of the United 
 States;
provided that, in the case of any statute of 
 this State that exempts income
derived from bonds or 
 other obligations from the tax imposed under this Act,

 the amount exempted shall be the interest net of bond 
 premium amortization;
   (L) With the exception of any amounts subtracted 
 under subparagraph
(K),
an amount equal to the sum of 
 all amounts disallowed as
deductions by (i) Sections 
 171(a)(2) and 265(a)(2) of the Internal Revenue
Code, 
 and all amounts of expenses allocable
to interest and 
 disallowed as deductions by Section 265(a)(1) of the 
 Internal
Revenue Code;
and (ii) for taxable years

 ending on or after August 13, 1999, Sections

 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the 
 Internal Revenue Code, plus, (iii) for taxable years 
 ending on or after December 31, 2011, Section 
 45G(e)(3) of the Internal Revenue Code and, for 
 taxable years ending on or after December 31, 2008, 
 any amount included in gross income under Section 87 
 of the Internal Revenue Code; the provisions of this

 subparagraph are exempt from the provisions of Section 
 250;
   (M) An amount equal to those dividends included in 
 such total
which were paid by a corporation which 
 conducts business operations in a River Edge 
 Redevelopment Zone or zones created under the River 
 Edge Redevelopment Zone Act and
conducts substantially 
 all of its operations in a River Edge Redevelopment 
 Zone or zones. This subparagraph (M) is exempt from 
 the provisions of Section 250;
   (N) An amount equal to any contribution made to a 
 job training
project established pursuant to the Tax 
 Increment Allocation
Redevelopment Act;
   (O) An amount equal to those dividends included in 
 such total
that were paid by a corporation that 
 conducts business operations in a
federally designated 
 Foreign Trade Zone or Sub-Zone and that is designated

 a High Impact Business located in Illinois; provided 
 that dividends eligible
for the deduction provided in 
 subparagraph (M) of paragraph (2) of this
subsection 
 shall not be eligible for the deduction provided under 
 this
subparagraph (O);
   (P) An amount equal to the amount of the deduction 
 used to compute the
federal income tax credit for 
 restoration of substantial amounts held under
claim of 
 right for the taxable year pursuant to Section 1341 of 
 the
Internal Revenue Code;
   (Q) For taxable year 1999 and thereafter, an 
 amount equal to the
amount of any
(i) distributions, 
 to the extent includible in gross income for
federal 
 income tax purposes, made to the taxpayer because of

 his or her status as a victim of
persecution for racial 
 or religious reasons by Nazi Germany or any other Axis

 regime or as an heir of the victim and (ii) items
of 
 income, to the extent
includible in gross income for 
 federal income tax purposes, attributable to,
derived 
 from or in any way related to assets stolen from, 
 hidden from, or
otherwise lost to a victim of

 persecution for racial or religious reasons by Nazi

 Germany or any other Axis regime
immediately prior to, 
 during, and immediately after World War II, including,

 but
not limited to, interest on the proceeds 
 receivable as insurance
under policies issued to a 
 victim of persecution for racial or religious
reasons 
 by Nazi Germany or any other Axis regime by European 
 insurance
companies
immediately prior to and during 
 World War II;
provided, however, this subtraction from 
 federal adjusted gross income does not
apply to assets 
 acquired with such assets or with the proceeds from 
 the sale of
such assets; provided, further, this 
 paragraph shall only apply to a taxpayer
who was the 
 first recipient of such assets after their recovery 
 and who is a
victim of
persecution for racial or 
 religious reasons
by Nazi Germany or any other Axis 
 regime or as an heir of the victim. The
amount of and 
 the eligibility for any public assistance, benefit, or

 similar entitlement is not affected by the inclusion 
 of items (i) and (ii) of
this paragraph in gross income 
 for federal income tax purposes.
This paragraph is 
 exempt from the provisions of Section 250;
   (R) For taxable years 2001 and thereafter, for the 
 taxable year in
which the bonus depreciation deduction

 is taken on the taxpayer's federal income tax return 
 under
subsection (k) of Section 168 of the Internal 
 Revenue Code and for each
applicable taxable year 
 thereafter, an amount equal to "x", where:
    (1) "y" equals the amount of the depreciation 
 deduction taken for the
taxable year
on the 
 taxpayer's federal income tax return on property 
 for which the bonus
depreciation deduction
was 
 taken in any year under subsection (k) of Section 
 168 of the Internal
Revenue Code, but not 
 including the bonus depreciation deduction;
    (2) for taxable years ending on or before 
 December 31, 2005, "x" equals "y" multiplied by 30 
 and then divided by 70 (or "y"
multiplied by 
 0.429); and
    (3) for taxable years ending after December 
 31, 2005:
     (i) for property on which a bonus 
 depreciation deduction of 30% of the adjusted 
 basis was taken, "x" equals "y" multiplied by 
 30 and then divided by 70 (or "y"
multiplied 
 by 0.429);
     (ii) for property on which a bonus 
 depreciation deduction of 50% of the adjusted 
 basis was taken, "x" equals "y" multiplied by 
 1.0;
     (iii) for property on which a bonus 
 depreciation deduction of 100% of the adjusted 
 basis was taken in a taxable year ending on or 
 after December 31, 2021, "x" equals the 
 depreciation deduction that would be allowed 
 on that property if the taxpayer had made the 
 election under Section 168(k)(7) of the 
 Internal Revenue Code to not claim bonus 
 depreciation deprecation on that property; and
     (iv) for property on which a bonus 
 depreciation deduction of a percentage other 
 than 30%, 50% or 100% of the adjusted basis 
 was taken in a taxable year ending on or after 
 December 31, 2021, "x" equals "y" multiplied 
 by 100 times the percentage bonus depreciation 
 on the property (that is, 100(bonus%)) and 
 then divided by 100 times 1 minus the 
 percentage bonus depreciation on the property 
 (that is, 100(1–bonus%)). 
   The aggregate amount deducted under this 
 subparagraph in all taxable
years for any one piece of 
 property may not exceed the amount of the bonus

 depreciation deduction
taken on that property on the 
 taxpayer's federal income tax return under
subsection 
 (k) of Section 168 of the Internal Revenue Code. This 
 subparagraph (R) is exempt from the provisions of 
 Section 250;
   (S) If the taxpayer sells, transfers, abandons, or 
 otherwise disposes of
property for which the taxpayer 
 was required in any taxable year to make an
addition 
 modification under subparagraph (G-10), then an amount 
 equal to that
addition modification.
   If the taxpayer continues to own property through 
 the last day of the last tax year for which a 
 subtraction is allowed with respect to that property 
 under subparagraph (R) and for which the taxpayer was 
 required in any taxable year to make an addition 
 modification under subparagraph (G-10), then an amount 
 equal to that addition modification.

   The taxpayer is allowed to take the deduction 
 under this subparagraph
only once with respect to any 
 one piece of property.
   This subparagraph (S) is exempt from the 
 provisions of Section 250;
   (T) The amount of (i) any interest income (net of 
 the deductions allocable thereto) taken into account 
 for the taxable year with respect to a transaction 
 with a taxpayer that is required to make an addition 
 modification with respect to such transaction under 
 Section 203(a)(2)(D-17), 203(b)(2)(E-12), 
 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed 
 the amount of such addition modification and
(ii) any 
 income from intangible property (net of the deductions 
 allocable thereto) taken into account for the taxable 
 year with respect to a transaction with a taxpayer 
 that is required to make an addition modification with 
 respect to such transaction under Section 
 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or 
 203(d)(2)(D-8), but not to exceed the amount of such 
 addition modification. This subparagraph (T) is exempt 
 from the provisions of Section 250;

   (U) An amount equal to the interest income taken 
 into account for the taxable year (net of the 
 deductions allocable thereto) with respect to 
 transactions with (i) a foreign person who would be a 
 member of the taxpayer's unitary business group but 
 for the fact the foreign person's business activity 
 outside the United States is 80% or more of that 
 person's total business activity and (ii) for taxable 
 years ending on or after December 31, 2008, to a person 
 who would be a member of the same unitary business 
 group but for the fact that the person is prohibited 
 under Section 1501(a)(27) from being included in the 
 unitary business group because he or she is ordinarily 
 required to apportion business income under different 
 subsections of Section 304, but not to exceed the 
 addition modification required to be made for the same 
 taxable year under Section 203(c)(2)(G-12) for 
 interest paid, accrued, or incurred, directly or 
 indirectly, to the same person. This subparagraph (U) 
 is exempt from the provisions of Section 250; 
   (V) An amount equal to the income from intangible 
 property taken into account for the taxable year (net 
 of the deductions allocable thereto) with respect to 
 transactions with (i) a foreign person who would be a 
 member of the taxpayer's unitary business group but 
 for the fact that the foreign person's business 
 activity outside the United States is 80% or more of 
 that person's total business activity and (ii) for 
 taxable years ending on or after December 31, 2008, to 
 a person who would be a member of the same unitary 
 business group but for the fact that the person is 
 prohibited under Section 1501(a)(27) from being 
 included in the unitary business group because he or 
 she is ordinarily required to apportion business 
 income under different subsections of Section 304, but 
 not to exceed the addition modification required to be 
 made for the same taxable year under Section 
 203(c)(2)(G-13) for intangible expenses and costs 
 paid, accrued, or incurred, directly or indirectly, to 
 the same foreign person. This subparagraph (V) is 
 exempt from the provisions of Section 250;

   (W) in the case of an estate, an amount equal to 
 all amounts included in such total pursuant to the 
 provisions of Section 111 of the Internal Revenue Code 
 as a recovery of items previously deducted by the 
 decedent from adjusted gross income in the computation 
 of taxable income. This subparagraph (W) is exempt 
 from Section 250; 
   (X) an amount equal to the refund included in such 
 total of any tax deducted for federal income tax 
 purposes, to the extent that deduction was added back 
 under subparagraph (F). This subparagraph (X) is 
 exempt from the provisions of Section 250;
   (Y) For taxable years ending on or after December 
 31, 2011, in the case of a taxpayer who was required to 
 add back any insurance premiums under Section 
 203(c)(2)(G-14), such taxpayer may elect to subtract 
 that part of a reimbursement received from the 
 insurance company equal to the amount of the expense 
 or loss (including expenses incurred by the insurance 
 company) that would have been taken into account as a 
 deduction for federal income tax purposes if the 
 expense or loss had been uninsured. If a taxpayer 
 makes the election provided for by this subparagraph 
 (Y), the insurer to which the premiums were paid must 
 add back to income the amount subtracted by the 
 taxpayer pursuant to this subparagraph (Y). This 
 subparagraph (Y) is exempt from the provisions of 
 Section 250; and
   (Z) For taxable years beginning after December 31, 
 2018 and before January 1, 2026, the amount of excess 
 business loss of the taxpayer disallowed as a 
 deduction by Section 461(l)(1)(B) of the Internal 
 Revenue Code. 
  (3) Limitation. The amount of any modification 
 otherwise required
under this subsection shall, under 
 regulations prescribed by the
Department, be adjusted by 
 any amounts included therein which were
properly paid, 
 credited, or required to be distributed, or permanently 
 set
aside for charitable purposes pursuant to Internal 
 Revenue Code Section
642(c) during the taxable year.

 (d) Partnerships.
  (1) In general. In the case of a partnership, base 
 income means an
amount equal to the taxpayer's taxable 
 income for the taxable year as
modified by paragraph (2).
  (2) Modifications. The taxable income referred to in 
 paragraph (1)
shall be modified by adding thereto the sum 
 of the following amounts:
   (A) An amount equal to all amounts paid or accrued 
 to the taxpayer as
interest or dividends during the 
 taxable year to the extent excluded from
gross income 
 in the computation of taxable income;
   (B) An amount equal to the amount of tax imposed by 
 this Act to the
extent deducted from gross income for 
 the taxable year;
   (C) The amount of deductions allowed to the 
 partnership pursuant to
Section 707 (c) of the 
 Internal Revenue Code in calculating its taxable 
 income;
   (D) An amount equal to the amount of the capital 
 gain deduction
allowable under the Internal Revenue 
 Code, to the extent deducted from
gross income in the 
 computation of taxable income;
   (D-5) For taxable years 2001 and thereafter, an 
 amount equal to the
bonus depreciation deduction taken 
 on the taxpayer's federal income tax return for the 
 taxable
year under subsection (k) of Section 168 of 
 the Internal Revenue Code;
   (D-6) If the taxpayer sells, transfers, abandons, 
 or otherwise disposes of
property for which the 
 taxpayer was required in any taxable year to make an

 addition modification under subparagraph (D-5), then 
 an amount equal to the
aggregate amount of the 
 deductions taken in all taxable years
under 
 subparagraph (O) with respect to that property.
   If the taxpayer continues to own property through 
 the last day of the last tax year for which a 
 subtraction is allowed with respect to that property 
 under subparagraph (O) and for which the taxpayer was 
 allowed in any taxable year to make a subtraction 
 modification under subparagraph (O), then an amount 
 equal to that subtraction modification.

   The taxpayer is required to make the addition 
 modification under this
subparagraph
only once with 
 respect to any one piece of property;
   (D-7) An amount equal to the amount otherwise 
 allowed as a deduction in computing base income for 
 interest paid, accrued, or incurred, directly or 
 indirectly, (i) for taxable years ending on or after 
 December 31, 2004, to a foreign person who would be a 
 member of the same unitary business group but for the 
 fact the foreign person's business activity outside 
 the United States is 80% or more of the foreign 
 person's total business activity and (ii) for taxable 
 years ending on or after December 31, 2008, to a person 
 who would be a member of the same unitary business 
 group but for the fact that the person is prohibited 
 under Section 1501(a)(27) from being included in the 
 unitary business group because he or she is ordinarily 
 required to apportion business income under different 
 subsections of Section 304. The addition modification 
 required by this subparagraph shall be reduced to the 
 extent that dividends were included in base income of 
 the unitary group for the same taxable year and 
 received by the taxpayer or by a member of the 
 taxpayer's unitary business group (including amounts 
 included in gross income pursuant to Sections 951 
 through 964 of the Internal Revenue Code and amounts 
 included in gross income under Section 78 of the 
 Internal Revenue Code) with respect to the stock of 
 the same person to whom the interest was paid, 
 accrued, or incurred.

   This paragraph shall not apply to the following:

    (i) an item of interest paid, accrued, or 
 incurred, directly or indirectly, to a person who 
 is subject in a foreign country or state, other 
 than a state which requires mandatory unitary 
 reporting, to a tax on or measured by net income 
 with respect to such interest; or
    (ii) an item of interest paid, accrued, or 
 incurred, directly or indirectly, to a person if 
 the taxpayer can establish, based on a 
 preponderance of the evidence, both of the 
 following:
     (a) the person, during the same taxable 
 year, paid, accrued, or incurred, the interest 
 to a person that is not a related member, and
     (b) the transaction giving rise to the 
 interest expense between the taxpayer and the 
 person did not have as a principal purpose the 
 avoidance of Illinois income tax, and is paid 
 pursuant to a contract or agreement that 
 reflects an arm's-length interest rate and 
 terms; or

    (iii) the taxpayer can establish, based on 
 clear and convincing evidence, that the interest 
 paid, accrued, or incurred relates to a contract 
 or agreement entered into at arm's-length rates 
 and terms and the principal purpose for the 
 payment is not federal or Illinois tax avoidance; 
 or

    (iv) an item of interest paid, accrued, or 
 incurred, directly or indirectly, to a person if 
 the taxpayer establishes by clear and convincing 
 evidence that the adjustments are unreasonable; or 
 if the taxpayer and the Director agree in writing 
 to the application or use of an alternative method 
 of apportionment under Section 304(f).

    Nothing in this subsection shall preclude the 
 Director from making any other adjustment 
 otherwise allowed under Section 404 of this Act 
 for any tax year beginning after the effective 
 date of this amendment provided such adjustment is 
 made pursuant to regulation adopted by the 
 Department and such regulations provide methods 
 and standards by which the Department will utilize 
 its authority under Section 404 of this Act; and

   (D-8) An amount equal to the amount of intangible 
 expenses and costs otherwise allowed as a deduction in 
 computing base income, and that were paid, accrued, or 
 incurred, directly or indirectly, (i) for taxable 
 years ending on or after December 31, 2004, to a 
 foreign person who would be a member of the same 
 unitary business group but for the fact that the 
 foreign person's business activity outside the United 
 States is 80% or more of that person's total business 
 activity and (ii) for taxable years ending on or after 
 December 31, 2008, to a person who would be a member of 
 the same unitary business group but for the fact that 
 the person is prohibited under Section 1501(a)(27) 
 from being included in the unitary business group 
 because he or she is ordinarily required to apportion 
 business income under different subsections of Section 
 304. The addition modification required by this 
 subparagraph shall be reduced to the extent that 
 dividends were included in base income of the unitary 
 group for the same taxable year and received by the 
 taxpayer or by a member of the taxpayer's unitary 
 business group (including amounts included in gross 
 income pursuant to Sections 951 through 964 of the 
 Internal Revenue Code and amounts included in gross 
 income under Section 78 of the Internal Revenue Code) 
 with respect to the stock of the same person to whom 
 the intangible expenses and costs were directly or 
 indirectly paid, incurred or accrued. The preceding 
 sentence shall not apply to the extent that the same 
 dividends caused a reduction to the addition 
 modification required under Section 203(d)(2)(D-7) of 
 this Act. As used in this subparagraph, the term 
 "intangible expenses and costs" includes (1) expenses, 
 losses, and costs for, or related to, the direct or 
 indirect acquisition, use, maintenance or management, 
 ownership, sale, exchange, or any other disposition of 
 intangible property; (2) losses incurred, directly or 
 indirectly, from factoring transactions or discounting 
 transactions; (3) royalty, patent, technical, and 
 copyright fees; (4) licensing fees; and (5) other 
 similar expenses and costs. For purposes of this 
 subparagraph, "intangible property" includes patents, 
 patent applications, trade names, trademarks, service 
 marks, copyrights, mask works, trade secrets, and 
 similar types of intangible assets;
   This paragraph shall not apply to the following:
    (i) any item of intangible expenses or costs 
 paid, accrued, or incurred, directly or 
 indirectly, from a transaction with a person who 
 is subject in a foreign country or state, other 
 than a state which requires mandatory unitary 
 reporting, to a tax on or measured by net income 
 with respect to such item; or
    (ii) any item of intangible expense or cost 
 paid, accrued, or incurred, directly or 
 indirectly, if the taxpayer can establish, based 
 on a preponderance of the evidence, both of the 
 following:
     (a) the person during the same taxable 
 year paid, accrued, or incurred, the 
 intangible expense or cost to a person that is 
 not a related member, and
     (b) the transaction giving rise to the 
 intangible expense or cost between the 
 taxpayer and the person did not have as a 
 principal purpose the avoidance of Illinois 
 income tax, and is paid pursuant to a contract 
 or agreement that reflects arm's-length terms; 
 or
    (iii) any item of intangible expense or cost 
 paid, accrued, or incurred, directly or 
 indirectly, from a transaction with a person if 
 the taxpayer establishes by clear and convincing 
 evidence, that the adjustments are unreasonable; 
 or if the taxpayer and the Director agree in 
 writing to the application or use of an 
 alternative method of apportionment under Section 
 304(f);

    Nothing in this subsection shall preclude the 
 Director from making any other adjustment 
 otherwise allowed under Section 404 of this Act 
 for any tax year beginning after the effective 
 date of this amendment provided such adjustment is 
 made pursuant to regulation adopted by the 
 Department and such regulations provide methods 
 and standards by which the Department will utilize 
 its authority under Section 404 of this Act;

   (D-9) For taxable years ending on or after 
 December 31, 2008, an amount equal to the amount of 
 insurance premium expenses and costs otherwise allowed 
 as a deduction in computing base income, and that were 
 paid, accrued, or incurred, directly or indirectly, to 
 a person who would be a member of the same unitary 
 business group but for the fact that the person is 
 prohibited under Section 1501(a)(27) from being 
 included in the unitary business group because he or 
 she is ordinarily required to apportion business 
 income under different subsections of Section 304. The 
 addition modification required by this subparagraph 
 shall be reduced to the extent that dividends were 
 included in base income of the unitary group for the 
 same taxable year and received by the taxpayer or by a 
 member of the taxpayer's unitary business group 
 (including amounts included in gross income under 
 Sections 951 through 964 of the Internal Revenue Code 
 and amounts included in gross income under Section 78 
 of the Internal Revenue Code) with respect to the 
 stock of the same person to whom the premiums and costs 
 were directly or indirectly paid, incurred, or 
 accrued. The preceding sentence does not apply to the 
 extent that the same dividends caused a reduction to 
 the addition modification required under Section 
 203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;
   (D-10) An amount equal to the credit allowable to 
 the taxpayer under Section 218(a) of this Act, 
 determined without regard to Section 218(c) of this 
 Act;
   (D-11) For taxable years ending on or after 
 December 31, 2017, an amount equal to the deduction 
 allowed under Section 199 of the Internal Revenue Code 
 for the taxable year; 
 and by deducting from the total so obtained the following 
 amounts:
   (E) The valuation limitation amount;
   (F) An amount equal to the amount of any tax 
 imposed by this Act which
was refunded to the taxpayer 
 and included in such total for the taxable year;
   (G) An amount equal to all amounts included in 
 taxable income as
modified by subparagraphs (A), (B), 
 (C) and (D) which are exempt from
taxation by this 
 State either by reason of its statutes or Constitution 
 or
by reason of
the Constitution, treaties or statutes 
 of the United States;
provided that, in the case of any 
 statute of this State that exempts income
derived from 
 bonds or other obligations from the tax imposed under 
 this Act,
the amount exempted shall be the interest 
 net of bond premium amortization;
   (H) Any income of the partnership which 
 constitutes personal service
income as defined in 
 Section 1348(b)(1) of the Internal Revenue Code (as
in 
 effect December 31, 1981) or a reasonable allowance 
 for compensation
paid or accrued for services rendered 
 by partners to the partnership,
whichever is greater; 
 this subparagraph (H) is exempt from the provisions of 
 Section 250;
   (I) An amount equal to all amounts of income 
 distributable to an entity
subject to the Personal 
 Property Tax Replacement Income Tax imposed by

 subsections (c) and (d) of Section 201 of this Act 
 including amounts
distributable to organizations 
 exempt from federal income tax by reason of
Section 
 501(a) of the Internal Revenue Code; this subparagraph 
 (I) is exempt from the provisions of Section 250;
   (J) With the exception of any amounts subtracted 
 under subparagraph
(G),
an amount equal to the sum of 
 all amounts disallowed as deductions
by (i) Sections 
 171(a)(2) and 265(a)(2) of the Internal Revenue Code, 
 and all amounts of expenses allocable to
interest and 
 disallowed as deductions by Section 265(a)(1) of the 
 Internal
Revenue Code;
and (ii) for taxable years

 ending on or after August 13, 1999, Sections

 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the 
 Internal Revenue Code, plus, (iii) for taxable years 
 ending on or after December 31, 2011, Section 
 45G(e)(3) of the Internal Revenue Code and, for 
 taxable years ending on or after December 31, 2008, 
 any amount included in gross income under Section 87 
 of the Internal Revenue Code; the provisions of this

 subparagraph are exempt from the provisions of Section 
 250;
   (K) An amount equal to those dividends included in 
 such total which were
paid by a corporation which 
 conducts business operations in a River Edge 
 Redevelopment Zone or zones created under the River 
 Edge Redevelopment Zone Act and
conducts substantially 
 all of its operations
from a River Edge Redevelopment 
 Zone or zones. This subparagraph (K) is exempt from 
 the provisions of Section 250;
   (L) An amount equal to any contribution made to a 
 job training project
established pursuant to the Real 
 Property Tax Increment Allocation
Redevelopment Act;
   (M) An amount equal to those dividends included in 
 such total
that were paid by a corporation that 
 conducts business operations in a
federally designated 
 Foreign Trade Zone or Sub-Zone and that is designated 
 a
High Impact Business located in Illinois; provided 
 that dividends eligible
for the deduction provided in 
 subparagraph (K) of paragraph (2) of this
subsection 
 shall not be eligible for the deduction provided under 
 this
subparagraph (M);
   (N) An amount equal to the amount of the deduction 
 used to compute the
federal income tax credit for 
 restoration of substantial amounts held under
claim of 
 right for the taxable year pursuant to Section 1341 of 
 the
Internal Revenue Code;
   (O) For taxable years 2001 and thereafter, for the 
 taxable year in
which the bonus depreciation deduction

 is taken on the taxpayer's federal income tax return 
 under
subsection (k) of Section 168 of the Internal 
 Revenue Code and for each
applicable taxable year 
 thereafter, an amount equal to "x", where:
    (1) "y" equals the amount of the depreciation 
 deduction taken for the
taxable year
on the 
 taxpayer's federal income tax return on property 
 for which the bonus
depreciation deduction
was 
 taken in any year under subsection (k) of Section 
 168 of the Internal
Revenue Code, but not 
 including the bonus depreciation deduction;
    (2) for taxable years ending on or before 
 December 31, 2005, "x" equals "y" multiplied by 30 
 and then divided by 70 (or "y"
multiplied by 
 0.429); and
    (3) for taxable years ending after December 
 31, 2005:
     (i) for property on which a bonus 
 depreciation deduction of 30% of the adjusted 
 basis was taken, "x" equals "y" multiplied by 
 30 and then divided by 70 (or "y"
multiplied 
 by 0.429);
     (ii) for property on which a bonus 
 depreciation deduction of 50% of the adjusted 
 basis was taken, "x" equals "y" multiplied by 
 1.0;
     (iii) for property on which a bonus 
 depreciation deduction of 100% of the adjusted 
 basis was taken in a taxable year ending on or 
 after December 31, 2021, "x" equals the 
 depreciation deduction that would be allowed 
 on that property if the taxpayer had made the 
 election under Section 168(k)(7) of the 
 Internal Revenue Code to not claim bonus 
 depreciation deprecation on that property; and
     (iv) for property on which a bonus 
 depreciation deduction of a percentage other 
 than 30%, 50% or 100% of the adjusted basis 
 was taken in a taxable year ending on or after 
 December 31, 2021, "x" equals "y" multiplied 
 by 100 times the percentage bonus depreciation 
 on the property (that is, 100(bonus%)) and 
 then divided by 100 times 1 minus the 
 percentage bonus depreciation on the property 
 (that is, 100(1–bonus%)). 
   The aggregate amount deducted under this 
 subparagraph in all taxable
years for any one piece of 
 property may not exceed the amount of the bonus

 depreciation deduction
taken on that property on the 
 taxpayer's federal income tax return under
subsection 
 (k) of Section 168 of the Internal Revenue Code. This 
 subparagraph (O) is exempt from the provisions of 
 Section 250;
   (P) If the taxpayer sells, transfers, abandons, or 
 otherwise disposes of
property for which the taxpayer 
 was required in any taxable year to make an
addition 
 modification under subparagraph (D-5), then an amount 
 equal to that
addition modification.
   If the taxpayer continues to own property through 
 the last day of the last tax year for which a 
 subtraction is allowed with respect to that property 
 under subparagraph (O) and for which the taxpayer was 
 required in any taxable year to make an addition 
 modification under subparagraph (D-5), then an amount 
 equal to that addition modification.

   The taxpayer is allowed to take the deduction 
 under this subparagraph
only once with respect to any 
 one piece of property.
   This subparagraph (P) is exempt from the 
 provisions of Section 250;
   (Q) The amount of (i) any interest income (net of 
 the deductions allocable thereto) taken into account 
 for the taxable year with respect to a transaction 
 with a taxpayer that is required to make an addition 
 modification with respect to such transaction under 
 Section 203(a)(2)(D-17), 203(b)(2)(E-12), 
 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed 
 the amount of such addition modification and
(ii) any 
 income from intangible property (net of the deductions 
 allocable thereto) taken into account for the taxable 
 year with respect to a transaction with a taxpayer 
 that is required to make an addition modification with 
 respect to such transaction under Section 
 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or 
 203(d)(2)(D-8), but not to exceed the amount of such 
 addition modification. This subparagraph (Q) is exempt 
 from Section 250;

   (R) An amount equal to the interest income taken 
 into account for the taxable year (net of the 
 deductions allocable thereto) with respect to 
 transactions with (i) a foreign person who would be a 
 member of the taxpayer's unitary business group but 
 for the fact that the foreign person's business 
 activity outside the United States is 80% or more of 
 that person's total business activity and (ii) for 
 taxable years ending on or after December 31, 2008, to 
 a person who would be a member of the same unitary 
 business group but for the fact that the person is 
 prohibited under Section 1501(a)(27) from being 
 included in the unitary business group because he or 
 she is ordinarily required to apportion business 
 income under different subsections of Section 304, but 
 not to exceed the addition modification required to be 
 made for the same taxable year under Section 
 203(d)(2)(D-7) for interest paid, accrued, or 
 incurred, directly or indirectly, to the same person. 
 This subparagraph (R) is exempt from Section 250; 
   (S) An amount equal to the income from intangible 
 property taken into account for the taxable year (net 
 of the deductions allocable thereto) with respect to 
 transactions with (i) a foreign person who would be a 
 member of the taxpayer's unitary business group but 
 for the fact that the foreign person's business 
 activity outside the United States is 80% or more of 
 that person's total business activity and (ii) for 
 taxable years ending on or after December 31, 2008, to 
 a person who would be a member of the same unitary 
 business group but for the fact that the person is 
 prohibited under Section 1501(a)(27) from being 
 included in the unitary business group because he or 
 she is ordinarily required to apportion business 
 income under different subsections of Section 304, but 
 not to exceed the addition modification required to be 
 made for the same taxable year under Section 
 203(d)(2)(D-8) for intangible expenses and costs paid, 
 accrued, or incurred, directly or indirectly, to the 
 same person. This subparagraph (S) is exempt from 
 Section 250; and

   (T) For taxable years ending on or after December 
 31, 2011, in the case of a taxpayer who was required to 
 add back any insurance premiums under Section 
 203(d)(2)(D-9), such taxpayer may elect to subtract 
 that part of a reimbursement received from the 
 insurance company equal to the amount of the expense 
 or loss (including expenses incurred by the insurance 
 company) that would have been taken into account as a 
 deduction for federal income tax purposes if the 
 expense or loss had been uninsured. If a taxpayer 
 makes the election provided for by this subparagraph 
 (T), the insurer to which the premiums were paid must 
 add back to income the amount subtracted by the 
 taxpayer pursuant to this subparagraph (T). This 
 subparagraph (T) is exempt from the provisions of 
 Section 250. 

 (e) Gross income; adjusted gross income; taxable income.
  (1) In general. Subject to the provisions of paragraph 
 (2) and
subsection (b)(3), for purposes of this Section 
 and Section 803(e), a
taxpayer's gross income, adjusted 
 gross income, or taxable income for
the taxable year shall 
 mean the amount of gross income, adjusted gross
income or 
 taxable income properly reportable for federal income tax

 purposes for the taxable year under the provisions of the 
 Internal
Revenue Code. Taxable income may be less than 
 zero. However, for taxable
years ending on or after 
 December 31, 1986, net operating loss
carryforwards from 
 taxable years ending prior to December 31, 1986, may not

 exceed the sum of federal taxable income for the taxable 
 year before net
operating loss deduction, plus the excess 
 of addition modifications over
subtraction modifications 
 for the taxable year. For taxable years ending
prior to 
 December 31, 1986, taxable income may never be an amount 
 in excess
of the net operating loss for the taxable year as 
 defined in subsections
(c) and (d) of Section 172 of the 
 Internal Revenue Code, provided that when
taxable income 
 of a corporation (other than a Subchapter S corporation),

 trust, or estate is less than zero and addition 
 modifications, other than
those provided by subparagraph 
 (E) of paragraph (2) of subsection (b) for
corporations or 
 subparagraph (E) of paragraph (2) of subsection (c) for

 trusts and estates, exceed subtraction modifications, an 
 addition
modification must be made under those 
 subparagraphs for any other taxable
year to which the 
 taxable income less than zero (net operating loss) is

 applied under Section 172 of the Internal Revenue Code or 
 under
subparagraph (E) of paragraph (2) of this subsection 
 (e) applied in
conjunction with Section 172 of the 
 Internal Revenue Code.
  (2) Special rule. For purposes of paragraph (1) of 
 this subsection,
the taxable income properly reportable 
 for federal income tax purposes
shall mean:
   (A) Certain life insurance companies. In the case 
 of a life
insurance company subject to the tax imposed 
 by Section 801 of the
Internal Revenue Code, life 
 insurance company taxable income, plus the
amount of 
 distribution from pre-1984 policyholder surplus 
 accounts as
calculated under Section 815a of the 
 Internal Revenue Code;
   (B) Certain other insurance companies. In the case 
 of mutual
insurance companies subject to the tax 
 imposed by Section 831 of the
Internal Revenue Code, 
 insurance company taxable income;
   (C) Regulated investment companies. In the case of 
 a regulated
investment company subject to the tax 
 imposed by Section 852 of the
Internal Revenue Code, 
 investment company taxable income;
   (D) Real estate investment trusts. In the case of 
 a real estate
investment trust subject to the tax 
 imposed by Section 857 of the
Internal Revenue Code, 
 real estate investment trust taxable income;
   (E) Consolidated corporations. In the case of a 
 corporation which
is a member of an affiliated group 
 of corporations filing a consolidated
income tax 
 return for the taxable year for federal income tax 
 purposes,
taxable income determined as if such 
 corporation had filed a separate
return for federal 
 income tax purposes for the taxable year and each

 preceding taxable year for which it was a member of an 
 affiliated group.
For purposes of this subparagraph, 
 the taxpayer's separate taxable
income shall be 
 determined as if the election provided by Section

 243(b)(2) of the Internal Revenue Code had been in 
 effect for all such years;
   (F) Cooperatives. In the case of a cooperative 
 corporation or
association, the taxable income of such 
 organization determined in
accordance with the 
 provisions of Section 1381 through 1388 of the

 Internal Revenue Code, but without regard to the 
 prohibition against offsetting losses from patronage 
 activities against income from nonpatronage 
 activities; except that a cooperative corporation or 
 association may make an election to follow its federal 
 income tax treatment of patronage losses and 
 nonpatronage losses. In the event such election is 
 made, such losses shall be computed and carried over 
 in a manner consistent with subsection (a) of Section 
 207 of this Act and apportioned by the apportionment 
 factor reported by the cooperative on its Illinois 
 income tax return filed for the taxable year in which 
 the losses are incurred. The election shall be 
 effective for all taxable years with original returns 
 due on or after the date of the election. In addition, 
 the cooperative may file an amended return or returns, 
 as allowed under this Act, to provide that the 
 election shall be effective for losses incurred or 
 carried forward for taxable years occurring prior to 
 the date of the election. Once made, the election may 
 only be revoked upon approval of the Director. The 
 Department shall adopt rules setting forth 
 requirements for documenting the elections and any 
 resulting Illinois net loss and the standards to be 
 used by the Director in evaluating requests to revoke 
 elections. Public Act 96-932 is declaratory of 
 existing law; 
   (G) Subchapter S corporations. In the case of: (i) 
 a Subchapter S
corporation for which there is in 
 effect an election for the taxable year
under Section 
 1362 of the Internal Revenue Code, the taxable income 
 of such
corporation determined in accordance with 
 Section 1363(b) of the Internal
Revenue Code, except 
 that taxable income shall take into
account those 
 items which are required by Section 1363(b)(1) of the

 Internal Revenue Code to be separately stated; and 
 (ii) a Subchapter
S corporation for which there is in 
 effect a federal election to opt out of
the provisions 
 of the Subchapter S Revision Act of 1982 and have 
 applied
instead the prior federal Subchapter S rules 
 as in effect on July 1, 1982,
the taxable income of 
 such corporation determined in accordance with the

 federal Subchapter S rules as in effect on July 1, 
 1982; and
   (H) Partnerships. In the case of a partnership, 
 taxable income
determined in accordance with Section 
 703 of the Internal Revenue Code,
except that taxable 
 income shall take into account those items which are

 required by Section 703(a)(1) to be separately stated 
 but which would be
taken into account by an individual 
 in calculating his taxable income.
  (3) Recapture of business expenses on disposition of 
 asset or business. Notwithstanding any other law to the 
 contrary, if in prior years income from an asset or 
 business has been classified as business income and in a 
 later year is demonstrated to be non-business income, then 
 all expenses, without limitation, deducted in such later 
 year and in the 2 immediately preceding taxable years 
 related to that asset or business that generated the 
 non-business income shall be added back and recaptured as 
 business income in the year of the disposition of the 
 asset or business. Such amount shall be apportioned to 
 Illinois using the greater of the apportionment fraction 
 computed for the business under Section 304 of this Act 
 for the taxable year or the average of the apportionment 
 fractions computed for the business under Section 304 of 
 this Act for the taxable year and for the 2 immediately 
 preceding taxable years.


 (f) Valuation limitation amount.
  (1) In general. The valuation limitation amount 
 referred to in
subsections (a)(2)(G), (c)(2)(I) and 
 (d)(2)(E) is an amount equal to:
   (A) The sum of the pre-August 1, 1969 appreciation 
 amounts (to the
extent consisting of gain reportable 
 under the provisions of Section
1245 or 1250 of the 
 Internal Revenue Code) for all property in respect
of 
 which such gain was reported for the taxable year; 
 plus
   (B) The lesser of (i) the sum of the pre-August 1, 
 1969 appreciation
amounts (to the extent consisting of 
 capital gain) for all property in
respect of which 
 such gain was reported for federal income tax purposes

 for the taxable year, or (ii) the net capital gain for 
 the taxable year,
reduced in either case by any amount 
 of such gain included in the amount
determined under 
 subsection (a)(2)(F) or (c)(2)(H).
  (2) Pre-August 1, 1969 appreciation amount.
   (A) If the fair market value of property referred 
 to in paragraph
(1) was readily ascertainable on 
 August 1, 1969, the pre-August 1, 1969
appreciation 
 amount for such property is the lesser of (i) the 
 excess of
such fair market value over the taxpayer's 
 basis (for determining gain)
for such property on that 
 date (determined under the Internal Revenue
Code as in 
 effect on that date), or (ii) the total gain realized 
 and
reportable for federal income tax purposes in 
 respect of the sale,
exchange or other disposition of 
 such property.
   (B) If the fair market value of property referred 
 to in paragraph
(1) was not readily ascertainable on 
 August 1, 1969, the pre-August 1,
1969 appreciation 
 amount for such property is that amount which bears

 the same ratio to the total gain reported in respect of 
 the property for
federal income tax purposes for the 
 taxable year, as the number of full
calendar months in 
 that part of the taxpayer's holding period for the

 property ending July 31, 1969 bears to the number of 
 full calendar
months in the taxpayer's entire holding 
 period for the
property.
   (C) The Department shall prescribe such 
 regulations as may be
necessary to carry out the 
 purposes of this paragraph.

 (g) Double deductions. Unless specifically provided 
otherwise, nothing
in this Section shall permit the same item 
to be deducted more than once.

 (h) Legislative intention. Except as expressly provided by 
this
Section there shall be no modifications or limitations on 
the amounts
of income, gain, loss or deduction taken into 
account in determining
gross income, adjusted gross income or 
taxable income for federal income
tax purposes for the taxable 
year, or in the amount of such items
entering into the 
computation of base income and net income under this
Act for 
such taxable year, whether in respect of property values as of

August 1, 1969 or otherwise.
(Source: P.A. 101-9, eff. 6-5-19; 101-81, eff. 7-12-19; 
102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, eff. 
8-27-21; revised 10-14-21.)



 (35 ILCS 5/901)


 Sec. 901. Collection authority. 
 (a) In general. The Department shall collect the taxes 
imposed by this Act. The Department
shall collect certified 
past due child support amounts under Section 2505-650
of the 
Department of Revenue Law of the
Civil Administrative Code of 
Illinois. Except as
provided in subsections (b), (c), (e), 
(f), (g), and (h) of this Section, money collected
pursuant to 
subsections (a) and (b) of Section 201 of this Act shall be

paid into the General Revenue Fund in the State treasury; 
money
collected pursuant to subsections (c) and (d) of Section 
201 of this Act
shall be paid into the Personal Property Tax 
Replacement Fund, a special
fund in the State Treasury; and 
money collected under Section 2505-650 of the
Department of 
Revenue Law of the
Civil Administrative Code of Illinois shall 
be paid
into the
Child Support Enforcement Trust Fund, a 
special fund outside the State
Treasury, or
to the State

Disbursement Unit established under Section 10-26 of the 
Illinois Public Aid
Code, as directed by the Department of 
Healthcare and Family Services.
 (b) Local Government Distributive Fund. Beginning August 
1, 2017, the Treasurer shall transfer each month from the 
General Revenue Fund to the Local Government Distributive Fund 
an amount equal to the sum of: (i) 6.06% (10% of the ratio of 
the 3% individual income tax rate prior to 2011 to the 4.95% 
individual income tax rate after July 1, 2017) of the net 
revenue realized from the tax imposed by subsections (a) and 
(b) of Section 201 of this Act upon individuals, trusts, and 
estates during the preceding month; (ii) 6.85% (10% of the 
ratio of the 4.8% corporate income tax rate prior to 2011 to 
the 7% corporate income tax rate after July 1, 2017) of the net 
revenue realized from the tax imposed by subsections (a) and 
(b) of Section 201 of this Act upon corporations during the 
preceding month; and (iii) beginning February 1, 2022, 6.06% 
of the net revenue realized from the tax imposed by subsection 
(p) of Section 201 of this Act upon electing pass-through 
entities. Net revenue realized for a month shall be defined as 
the
revenue from the tax imposed by subsections (a) and (b) of 
Section 201 of this
Act which is deposited in the General 
Revenue Fund, the Education Assistance
Fund, the Income Tax 
Surcharge Local Government Distributive Fund, the Fund for the 
Advancement of Education, and the Commitment to Human Services 
Fund during the
month minus the amount paid out of the General 
Revenue Fund in State warrants
during that same month as 
refunds to taxpayers for overpayment of liability
under the 
tax imposed by subsections (a) and (b) of Section 201 of this 
Act.
 Notwithstanding any provision of law to the contrary, 
beginning on July 6, 2017 (the effective date of Public Act 
100-23), those amounts required under this subsection (b) to 
be transferred by the Treasurer into the Local Government 
Distributive Fund from the General Revenue Fund shall be 
directly deposited into the Local Government Distributive Fund 
as the revenue is realized from the tax imposed by subsections 
(a) and (b) of Section 201 of this Act.
 (c) Deposits Into Income Tax Refund Fund.
  (1) Beginning on January 1, 1989 and thereafter, the 
 Department shall
deposit a percentage of the amounts 
 collected pursuant to subsections (a)
and (b)(1), (2), and 
 (3) of Section 201 of this Act into a fund in the State

 treasury known as the Income Tax Refund Fund. Beginning 
 with State fiscal year 1990 and for each fiscal year

 thereafter, the percentage deposited into the Income Tax 
 Refund Fund during a
fiscal year shall be the Annual 
 Percentage. For fiscal year 2011, the Annual Percentage 
 shall be 8.75%. For fiscal year 2012, the Annual 
 Percentage shall be 8.75%. For fiscal year 2013, the 
 Annual Percentage shall be 9.75%. For fiscal year 2014, 
 the Annual Percentage shall be 9.5%. For fiscal year 2015, 
 the Annual Percentage shall be 10%. For fiscal year 2018, 
 the Annual Percentage shall be 9.8%. For fiscal year 2019, 
 the Annual Percentage shall be 9.7%. For fiscal year 2020, 
 the Annual Percentage shall be 9.5%. For fiscal year 2021, 
 the Annual Percentage shall be 9%. For fiscal year 2022, 
 the Annual Percentage shall be 9.25%. For all other
fiscal 
 years, the
Annual Percentage shall be calculated as a 
 fraction, the numerator of which
shall be the amount of 
 refunds approved for payment by the Department during
the 
 preceding fiscal year as a result of overpayment of tax 
 liability under
subsections (a) and (b)(1), (2), and (3) 
 of Section 201 of this Act plus the
amount of such refunds 
 remaining approved but unpaid at the end of the
preceding 
 fiscal year, minus the amounts transferred into the Income 
 Tax
Refund Fund from the Tobacco Settlement Recovery Fund, 
 and
the denominator of which shall be the amounts which 
 will be collected pursuant
to subsections (a) and (b)(1), 
 (2), and (3) of Section 201 of this Act during
the 
 preceding fiscal year; except that in State fiscal year 
 2002, the Annual
Percentage shall in no event exceed 7.6%. 
 The Director of Revenue shall
certify the Annual 
 Percentage to the Comptroller on the last business day of

 the fiscal year immediately preceding the fiscal year for 
 which it is to be
effective.
  (2) Beginning on January 1, 1989 and thereafter, the 
 Department shall
deposit a percentage of the amounts 
 collected pursuant to subsections (a)
and (b)(6), (7), and 
 (8), (c) and (d) of Section 201
of this Act into a fund in 
 the State treasury known as the Income Tax
Refund Fund. 
 Beginning
with State fiscal year 1990 and for each fiscal 
 year thereafter, the
percentage deposited into the Income 
 Tax Refund Fund during a fiscal year
shall be the Annual 
 Percentage. For fiscal year 2011, the Annual Percentage 
 shall be 17.5%. For fiscal year 2012, the Annual 
 Percentage shall be 17.5%. For fiscal year 2013, the 
 Annual Percentage shall be 14%. For fiscal year 2014, the 
 Annual Percentage shall be 13.4%. For fiscal year 2015, 
 the Annual Percentage shall be 14%. For fiscal year 2018, 
 the Annual Percentage shall be 17.5%. For fiscal year 
 2019, the Annual Percentage shall be 15.5%. For fiscal 
 year 2020, the Annual Percentage shall be 14.25%. For 
 fiscal year 2021, the Annual Percentage shall be 14%. For 
 fiscal year 2022, the Annual Percentage shall be 15%. For 
 all other fiscal years, the Annual
Percentage shall be 
 calculated
as a fraction, the numerator of which shall be 
 the amount of refunds
approved for payment by the 
 Department during the preceding fiscal year as
a result of 
 overpayment of tax liability under subsections (a) and 
 (b)(6),
(7), and (8), (c) and (d) of Section 201 of this 
 Act plus the
amount of such refunds remaining approved but 
 unpaid at the end of the
preceding fiscal year, and the 
 denominator of
which shall be the amounts which will be 
 collected pursuant to subsections (a)
and (b)(6), (7), and 
 (8), (c) and (d) of Section 201 of this Act during the

 preceding fiscal year; except that in State fiscal year 
 2002, the Annual
Percentage shall in no event exceed 23%. 
 The Director of Revenue shall
certify the Annual 
 Percentage to the Comptroller on the last business day of

 the fiscal year immediately preceding the fiscal year for 
 which it is to be
effective.
  (3) The Comptroller shall order transferred and the 
 Treasurer shall
transfer from the Tobacco Settlement 
 Recovery Fund to the Income Tax Refund
Fund (i) 
 $35,000,000 in January, 2001, (ii) $35,000,000 in January, 
 2002, and
(iii) $35,000,000 in January, 2003.
 (d) Expenditures from Income Tax Refund Fund.
  (1) Beginning January 1, 1989, money in the Income Tax 
 Refund Fund
shall be expended exclusively for the purpose 
 of paying refunds resulting
from overpayment of tax 
 liability under Section 201 of this Act
and for
making 
 transfers pursuant to this subsection (d).
  (2) The Director shall order payment of refunds 
 resulting from
overpayment of tax liability under Section 
 201 of this Act from the
Income Tax Refund Fund only to the 
 extent that amounts collected pursuant
to Section 201 of 
 this Act and transfers pursuant to this subsection (d)
and 
 item (3) of subsection (c) have been deposited and 
 retained in the
Fund.
  (3) As soon as possible after the end of each fiscal 
 year, the Director
shall
order transferred and the State 
 Treasurer and State Comptroller shall
transfer from the 
 Income Tax Refund Fund to the Personal Property Tax

 Replacement Fund an amount, certified by the Director to 
 the Comptroller,
equal to the excess of the amount 
 collected pursuant to subsections (c) and
(d) of Section 
 201 of this Act deposited into the Income Tax Refund Fund

 during the fiscal year over the amount of refunds 
 resulting from
overpayment of tax liability under 
 subsections (c) and (d) of Section 201
of this Act paid 
 from the Income Tax Refund Fund during the fiscal year.
  (4) As soon as possible after the end of each fiscal 
 year, the Director shall
order transferred and the State 
 Treasurer and State Comptroller shall
transfer from the 
 Personal Property Tax Replacement Fund to the Income Tax

 Refund Fund an amount, certified by the Director to the 
 Comptroller, equal
to the excess of the amount of refunds 
 resulting from overpayment of tax
liability under 
 subsections (c) and (d) of Section 201 of this Act paid

 from the Income Tax Refund Fund during the fiscal year 
 over the amount
collected pursuant to subsections (c) and 
 (d) of Section 201 of this Act
deposited into the Income 
 Tax Refund Fund during the fiscal year.
  (4.5) As soon as possible after the end of fiscal year 
 1999 and of each
fiscal year
thereafter, the Director 
 shall order transferred and the State Treasurer and
State 
 Comptroller shall transfer from the Income Tax Refund Fund 
 to the General
Revenue Fund any surplus remaining in the 
 Income Tax Refund Fund as of the end
of such fiscal year; 
 excluding for fiscal years 2000, 2001, and 2002
amounts 
 attributable to transfers under item (3) of subsection (c) 
 less refunds
resulting from the earned income tax credit.
  (5) This Act shall constitute an irrevocable and 
 continuing
appropriation from the Income Tax Refund Fund 
 for the purpose of paying
refunds upon the order of the 
 Director in accordance with the provisions of
this 
 Section.
 (e) Deposits into the Education Assistance Fund and the 
Income Tax
Surcharge Local Government Distributive Fund. On 
July 1, 1991, and thereafter, of the amounts collected 
pursuant to
subsections (a) and (b) of Section 201 of this Act, 
minus deposits into the
Income Tax Refund Fund, the Department 
shall deposit 7.3% into the
Education Assistance Fund in the 
State Treasury. Beginning July 1, 1991,
and continuing through 
January 31, 1993, of the amounts collected pursuant to

subsections (a) and (b) of Section 201 of the Illinois Income 
Tax Act, minus
deposits into the Income Tax Refund Fund, the 
Department shall deposit 3.0%
into the Income Tax Surcharge 
Local Government Distributive Fund in the State
Treasury. 
Beginning February 1, 1993 and continuing through June 30, 
1993, of
the amounts collected pursuant to subsections (a) and 
(b) of Section 201 of the
Illinois Income Tax Act, minus 
deposits into the Income Tax Refund Fund, the
Department shall 
deposit 4.4% into the Income Tax Surcharge Local Government

Distributive Fund in the State Treasury. Beginning July 1, 
1993, and
continuing through June 30, 1994, of the amounts 
collected under subsections
(a) and (b) of Section 201 of this 
Act, minus deposits into the Income Tax
Refund Fund, the 
Department shall deposit 1.475% into the Income Tax Surcharge

Local Government Distributive Fund in the State Treasury.
 (f) Deposits into the Fund for the Advancement of 
Education. Beginning February 1, 2015, the Department shall 
deposit the following portions of the revenue realized from 
the tax imposed upon individuals, trusts, and estates by 
subsections (a) and (b) of Section 201 of this Act, minus 
deposits into the Income Tax Refund Fund, into the Fund for the 
Advancement of Education: 
  (1) beginning February 1, 2015, and prior to February 
 1, 2025, 1/30; and 
  (2) beginning February 1, 2025, 1/26. 
 If the rate of tax imposed by subsection (a) and (b) of 
Section 201 is reduced pursuant to Section 201.5 of this Act, 
the Department shall not make the deposits required by this 
subsection (f) on or after the effective date of the 
reduction. 
 (g) Deposits into the Commitment to Human Services Fund. 
Beginning February 1, 2015, the Department shall deposit the 
following portions of the revenue realized from the tax 
imposed upon individuals, trusts, and estates by subsections 
(a) and (b) of Section 201 of this Act, minus deposits into the 
Income Tax Refund Fund, into the Commitment to Human Services 
Fund: 
  (1) beginning February 1, 2015, and prior to February 
 1, 2025, 1/30; and 
  (2) beginning February 1, 2025, 1/26. 
 If the rate of tax imposed by subsection (a) and (b) of 
Section 201 is reduced pursuant to Section 201.5 of this Act, 
the Department shall not make the deposits required by this 
subsection (g) on or after the effective date of the 
reduction. 
 (h) Deposits into the Tax Compliance and Administration 
Fund. Beginning on the first day of the first calendar month to 
occur on or after August 26, 2014 (the effective date of Public 
Act 98-1098), each month the Department shall pay into the Tax 
Compliance and Administration Fund, to be used, subject to 
appropriation, to fund additional auditors and compliance 
personnel at the Department, an amount equal to 1/12 of 5% of 
the cash receipts collected during the preceding fiscal year 
by the Audit Bureau of the Department from the tax imposed by 
subsections (a), (b), (c), and (d) of Section 201 of this Act, 
net of deposits into the Income Tax Refund Fund made from those 
cash receipts. 
(Source: P.A. 101-8, see Section 99 for effective date; 
101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff. 
6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, 
eff. 8-27-21; revised 10-19-21.)





 (35 ILCS 5/917) (from Ch. 120, par. 9-917)



 Sec. 917. Confidentiality and information sharing.

 (a) Confidentiality.
Except as provided in this Section, 
all information received by the Department
from returns filed 
under this Act, or from any investigation conducted under
the 
provisions of this Act, shall be confidential, except for 
official purposes
within the Department or pursuant to 
official procedures for collection
of any State tax or 
pursuant to an investigation or audit by the Illinois
State 
Scholarship Commission of a delinquent student loan or 
monetary award
or enforcement of any civil or criminal penalty 
or sanction
imposed by this Act or by another statute imposing 
a State tax, and any
person who divulges any such information 
in any manner, except for such
purposes and pursuant to order 
of the Director or in accordance with a proper
judicial order, 
shall be guilty of a Class A misdemeanor. However, the

provisions of this paragraph are not applicable to information 
furnished
to (i) the Department of Healthcare and Family 
Services (formerly
Department of Public Aid), State's 
Attorneys, and the Attorney General for child support 
enforcement purposes and (ii) a licensed attorney representing 
the taxpayer where an appeal or a protest
has been filed on 
behalf of the taxpayer. If it is necessary to file information 
obtained pursuant to this Act in a child support enforcement 
proceeding, the information shall be filed under seal. The 
furnishing upon request of the Auditor General, or his or her 
authorized agents, for official use of returns filed and 
information related thereto under this Act is deemed to be an 
official purpose within the Department within the meaning of 
this Section. 

 (b) Public information. Nothing contained in this Act 
shall prevent
the Director from publishing or making available 
to the public the names
and addresses of persons filing 
returns under this Act, or from publishing
or making available 
reasonable statistics concerning the operation of the
tax 
wherein the contents of returns are grouped into aggregates in 
such a
way that the information contained in any individual 
return shall not be
disclosed.

 (c) Governmental agencies. The Director may make available 
to the
Secretary of the Treasury of the United States or his 
delegate, or the
proper officer or his delegate of any other 
state imposing a tax upon or
measured by income, for 
exclusively official purposes, information received
by the 
Department in the administration of this Act, but such 
permission
shall be granted only if the United States or such 
other state, as the case
may be, grants the Department 
substantially similar privileges. The Director
may exchange 
information with the Department of Healthcare and Family 
Services and the
Department of Human Services (acting as 
successor to the Department of Public
Aid under the Department 
of Human Services Act) for
the purpose of verifying sources 
and amounts of income and for other purposes
directly 
connected with the administration of this Act, the Illinois 
Public Aid Code, and any other health benefit program 
administered by the State. The Director may exchange 
information with the Director of
the Department of Employment 
Security for the purpose of verifying sources
and amounts of 
income and for other purposes directly connected with the

administration of this Act and Acts administered by the 
Department of
Employment
Security.
The Director may make 
available to the Illinois Workers' Compensation Commission

information regarding employers for the purpose of verifying 
the insurance
coverage required under the Workers' 
Compensation Act and Workers'
Occupational Diseases Act. The 
Director may exchange information with the Illinois Department 
on Aging for the purpose of verifying sources and amounts of 
income for purposes directly related to confirming eligibility 
for participation in the programs of benefits authorized by 
the Senior Citizens and Persons with Disabilities Property Tax 
Relief and Pharmaceutical Assistance Act. The Director may 
exchange information with the State Treasurer's Office and the 
Department of Employment Security for the purpose of 
implementing, administering, and enforcing the Illinois Secure 
Choice Savings Program Act. The Director may exchange 
information with the State Treasurer's Office for the purpose 
of administering the Revised Uniform Unclaimed Property Act or 
successor Acts. The Director may exchange information with the 
State Treasurer's Office for the purpose of administering the 
Illinois Higher Education Savings Program established under 
Section 16.8 of the State Treasurer Act.

 The Director may make available to any State agency, 
including the
Illinois Supreme Court, which licenses persons 
to engage in any occupation,
information that a person 
licensed by such agency has failed to file
returns under this 
Act or pay the tax, penalty and interest shown therein,
or has 
failed to pay any final assessment of tax, penalty or interest 
due
under this Act.
The Director may make available to any 
State agency, including the Illinois
Supreme
Court, 
information regarding whether a bidder, contractor, or an 
affiliate of a
bidder or
contractor has failed to file returns 
under this Act or pay the tax, penalty,
and interest
shown 
therein, or has failed to pay any final assessment of tax, 
penalty, or
interest due
under this Act, for the limited 
purpose of enforcing bidder and contractor
certifications.
For 
purposes of this Section, the term "affiliate" means any 
entity that (1)
directly,
indirectly, or constructively 
controls another entity, (2) is directly,
indirectly, or

constructively controlled by another entity, or (3) is subject 
to the control
of
a common
entity. For purposes of this 
subsection (a), an entity controls another entity
if
it owns,

directly or individually, more than 10% of the voting 
securities of that
entity.
As used in
this subsection (a), the 
term "voting security" means a security that (1)
confers upon 
the
holder the right to vote for the election of members of the 
board of directors
or similar
governing body of the business 
or (2) is convertible into, or entitles the
holder to receive

upon its exercise, a security that confers such a right to 
vote. A general
partnership
interest is a voting security.

 The Director may make available to any State agency, 
including the
Illinois
Supreme Court, units of local 
government, and school districts, information
regarding

whether a bidder or contractor is an affiliate of a person who 
is not
collecting
and
remitting Illinois Use taxes, for the 
limited purpose of enforcing bidder and
contractor

certifications.

 The Director may also make available to the Secretary of 
State
information that a corporation which has been issued a 
certificate of
incorporation by the Secretary of State has 
failed to file returns under
this Act or pay the tax, penalty 
and interest shown therein, or has failed
to pay any final 
assessment of tax, penalty or interest due under this Act.
An 
assessment is final when all proceedings in court for
review 
of such assessment have terminated or the time for the taking

thereof has expired without such proceedings being instituted. 
For
taxable years ending on or after December 31, 1987, the 
Director may make
available to the Director or principal 
officer of any Department of the
State of Illinois, 
information that a person employed by such Department
has 
failed to file returns under this Act or pay the tax, penalty 
and
interest shown therein. For purposes of this paragraph, 
the word
"Department" shall have the same meaning as provided 
in Section 3 of the
State Employees Group Insurance Act of 
1971.

 (d) The Director shall make available for public

inspection in the Department's principal office and for 
publication, at cost,
administrative decisions issued on or 
after January
1, 1995. These decisions are to be made 
available in a manner so that the
following
taxpayer 
information is not disclosed:

  (1) The names, addresses, and identification numbers 
 of the taxpayer,
related entities, and employees.

  (2) At the sole discretion of the Director, trade 
 secrets
or other confidential information identified as 
 such by the taxpayer, no later
than 30 days after receipt 
 of an administrative decision, by such means as the

 Department shall provide by rule.

 The Director shall determine the
appropriate extent of the

deletions allowed in paragraph (2). In the event the taxpayer 
does not submit
deletions,
the Director shall make only the 
deletions specified in paragraph (1).

 The Director shall make available for public inspection 
and publication an
administrative decision within 180 days 
after the issuance of the
administrative
decision. The term 
"administrative decision" has the same meaning as defined in

Section 3-101 of Article III of the Code of Civil Procedure. 
Costs collected
under this Section shall be paid into the Tax 
Compliance and Administration
Fund.

 (e) Nothing contained in this Act shall prevent the 
Director from
divulging
information to any person pursuant to 
a request or authorization made by the
taxpayer, by an 
authorized representative of the taxpayer, or, in the case of

information related to a joint return, by the spouse filing 
the joint return
with the taxpayer.

(Source: P.A. 102-61, eff. 7-9-21; 102-129, eff. 7-23-21; 
revised 8-10-21.)


 Section 250. The Economic Development for a Growing 
Economy Tax Credit Act is amended by changing Section 5-45 as 
follows:




 (35 ILCS 10/5-45)



 Sec. 5-45. Amount and duration of the credit. 

 (a) The Department shall
determine the amount and
duration 
of the credit awarded under this Act. The duration of the

credit may not exceed 10 taxable years.
The credit may be 
stated as
a percentage of the Incremental Income Tax 
attributable
to the applicant's project and may include a 
fixed dollar limitation.

 (b) Notwithstanding subsection (a),
and except as the 
credit may be applied in a carryover year pursuant to Section

211(4) of the Illinois Income Tax Act, the credit may be 
applied against the
State income tax liability in more than 10 
taxable years but not in more than
15 taxable years for an 
eligible business
that (i) qualifies under this Act
and the 
Corporate Headquarters Relocation Act and has in fact 
undertaken a
qualifying project within the time frame 
specified by the Department of
Commerce and Economic 
Opportunity under that Act, and (ii) applies against its
State 
income tax liability, during the entire 15-year
period, no 
more than 60% of the maximum
credit per year that would 
otherwise be available under this Act.

 (c) Nothing in this Section shall prevent the Department, 
in consultation with the Department of Revenue, from adopting 
rules to extend the sunset of any earned, existing, and unused 
tax credit or credits a taxpayer may be in possession of, as 
provided for in Section 605-1070 605-1055 of the Department of 
Commerce and Economic Opportunity Law of the Civil 
Administrative Code of Illinois, notwithstanding the 
carry-forward provisions pursuant to paragraph (4) of Section 
211 of the Illinois Income Tax Act. 
(Source: P.A. 102-16, eff. 6-17-21; revised 12-6-21.)


 Section 255. The Retailers' Occupation Tax Act is amended 
by changing Sections 1, 2-5, and 3 as follows:




 (35 ILCS 120/1) (from Ch. 120, par. 440)


 Sec. 1. Definitions. "Sale at retail" means any transfer 
of the
ownership of or title to
tangible personal property to a 
purchaser, for the purpose of use or
consumption, and not for 
the purpose of resale in any form as tangible
personal 
property to the extent not first subjected to a use for which 
it
was purchased, for a valuable consideration: Provided that 
the property
purchased is deemed to be purchased for the 
purpose of resale, despite
first being used, to the extent to 
which it is resold as an ingredient of
an intentionally 
produced product or byproduct of manufacturing. For this

purpose, slag produced as an incident to manufacturing pig 
iron or steel
and sold is considered to be an intentionally 
produced byproduct of
manufacturing. Transactions whereby the 
possession of the property is
transferred but the seller 
retains the title as security for payment of the
selling price 
shall be deemed to be sales.

 "Sale at retail" shall be construed to include any 
transfer of the
ownership of or title to tangible personal 
property to a purchaser, for use
or consumption by any other 
person to whom such purchaser may transfer the
tangible 
personal property without a valuable consideration, and to 
include
any transfer, whether made for or without a valuable 
consideration, for
resale in any form as tangible personal 
property unless made in compliance
with Section 2c of this 
Act.

 Sales of tangible personal property, which property, to 
the extent not
first subjected to a use for which it was 
purchased, as an ingredient or
constituent, goes into and 
forms a part of tangible personal property
subsequently the 
subject of a "Sale at retail", are not sales at retail as

defined in this Act: Provided that the property purchased is 
deemed to be
purchased for the purpose of resale, despite 
first being used, to the
extent to which it is resold as an 
ingredient of an intentionally produced
product or byproduct 
of manufacturing.

 "Sale at retail" shall be construed to include any 
Illinois florist's
sales transaction in which the purchase 
order is received in Illinois by a
florist and the sale is for 
use or consumption, but the Illinois florist
has a florist in 
another state deliver the property to the purchaser or the

purchaser's donee in such other state.

 Nonreusable tangible personal property that is used by 
persons engaged in
the business of operating a restaurant, 
cafeteria, or drive-in is a sale for
resale when it is 
transferred to customers in the ordinary course of business
as 
part of the sale of food or beverages and is used to deliver, 
package, or
consume food or beverages, regardless of where 
consumption of the food or
beverages occurs. Examples of those 
items include, but are not limited to
nonreusable, paper and 
plastic cups, plates, baskets, boxes, sleeves, buckets
or 
other containers, utensils, straws, placemats, napkins, doggie 
bags, and
wrapping or packaging
materials that are transferred 
to customers as part of the sale of food or
beverages in the 
ordinary course of business.

 The purchase, employment and transfer of such tangible 
personal property
as newsprint and ink for the primary purpose 
of conveying news (with or
without other information) is not a 
purchase, use or sale of tangible
personal property.

 A person whose activities are organized and conducted 
primarily as a
not-for-profit service enterprise, and who 
engages in selling tangible
personal property at retail 
(whether to the public or merely to members and
their guests) 
is engaged in the business of selling tangible personal

property at retail with respect to such transactions, 
excepting only a
person organized and operated exclusively for 
charitable, religious or
educational purposes either (1), to 
the extent of sales by such person to
its members, students, 
patients or inmates of tangible personal property to
be used 
primarily for the purposes of such person, or (2), to the 
extent of
sales by such person of tangible personal property 
which is not sold or
offered for sale by persons organized for 
profit. The selling of school
books and school supplies by 
schools at retail to students is not
"primarily for the 
purposes of" the school which does such selling. The

provisions of this paragraph shall not apply to nor subject to 
taxation
occasional dinners, socials or similar activities of 
a person organized and
operated exclusively for charitable, 
religious or educational purposes,
whether or not such 
activities are open to the public.

 A person who is the recipient of a grant or contract under 
Title VII of
the Older Americans Act of 1965 (P.L. 92-258) and 
serves meals to
participants in the federal Nutrition Program 
for the Elderly in return for
contributions established in 
amount by the individual participant pursuant
to a schedule of 
suggested fees as provided for in the federal Act is not

engaged in the business of selling tangible personal property 
at retail
with respect to such transactions.

 "Purchaser" means anyone who, through a sale at retail, 
acquires the
ownership of or title to tangible personal 
property for a valuable
consideration.

 "Reseller of motor fuel" means any person engaged in the 
business of selling
or delivering or transferring title of 
motor fuel to another person
other than for use or 
consumption.
No person shall act as a reseller of motor fuel 
within this State without
first being registered as a reseller 
pursuant to Section 2c or a retailer
pursuant to Section 2a.

 "Selling price" or the "amount of sale" means the 
consideration for a
sale valued in money whether received in 
money or otherwise, including
cash, credits, property, other 
than as hereinafter provided, and services,
but, prior to 
January 1, 2020 and beginning again on January 1, 2022, not 
including the value of or credit given for traded-in tangible

personal property where the item that is traded-in is of like 
kind and
character as that which is being sold; beginning 
January 1, 2020 and until January 1, 2022, "selling price" 
includes the portion of the value of or credit given for 
traded-in motor vehicles of the First Division as defined in 
Section 1-146 of the Illinois Vehicle Code of like kind and 
character as that which is being sold that exceeds $10,000. 
"Selling price" shall be determined without any
deduction on 
account of the cost of the property sold, the cost of
materials 
used, labor or service cost or any other expense whatsoever, 
but
does not include charges that are added to prices by 
sellers on account of
the seller's tax liability under this 
Act, or on account of the seller's
duty to collect, from the 
purchaser, the tax that is imposed by the Use Tax
Act, or, 
except as otherwise provided with respect to any cigarette tax 
imposed by a home rule unit, on account of the seller's tax 
liability under any local occupation tax administered by the 
Department, or, except as otherwise provided with respect to 
any cigarette tax imposed by a home rule unit on account of the 
seller's duty to collect, from the purchasers, the tax that is 
imposed under any local use tax administered by the 
Department.
Effective December 1, 1985, "selling price" shall 
include charges that
are added to prices by sellers on account 
of the seller's
tax liability under the Cigarette Tax Act, on 
account of the sellers'
duty to collect, from the purchaser, 
the tax imposed under the Cigarette
Use Tax Act, and on account 
of the seller's duty to collect, from the
purchaser, any 
cigarette tax imposed by a home rule unit.

 Notwithstanding any law to the contrary, for any motor 
vehicle, as defined in Section 1-146 of the Vehicle Code, that 
is sold on or after January 1, 2015 for the purpose of leasing 
the vehicle for a defined period that is longer than one year 
and (1) is a motor vehicle of the second division that: (A) is 
a self-contained motor vehicle designed or permanently 
converted to provide living quarters for recreational, 
camping, or travel use, with direct walk through access to the 
living quarters from the driver's seat; (B) is of the van 
configuration designed for the transportation of not less than 
7 nor more than 16 passengers; or (C) has a gross vehicle 
weight rating of 8,000 pounds or less or (2) is a motor vehicle 
of the first division, "selling price" or "amount of sale" 
means the consideration received by the lessor pursuant to the 
lease contract, including amounts due at lease signing and all 
monthly or other regular payments charged over the term of the 
lease. Also included in the selling price is any amount 
received by the lessor from the lessee for the leased vehicle 
that is not calculated at the time the lease is executed, 
including, but not limited to, excess mileage charges and 
charges for excess wear and tear. For sales that occur in 
Illinois, with respect to any amount received by the lessor 
from the lessee for the leased vehicle that is not calculated 
at the time the lease is executed, the lessor who purchased the 
motor vehicle does not incur the tax imposed by the Use Tax Act 
on those amounts, and the retailer who makes the retail sale of 
the motor vehicle to the lessor is not required to collect the 
tax imposed by the Use Tax Act or to pay the tax imposed by 
this Act on those amounts. However, the lessor who purchased 
the motor vehicle assumes the liability for reporting and 
paying the tax on those amounts directly to the Department in 
the same form (Illinois Retailers' Occupation Tax, and local 
retailers' occupation taxes, if applicable) in which the 
retailer would have reported and paid such tax if the retailer 
had accounted for the tax to the Department. For amounts 
received by the lessor from the lessee that are not calculated 
at the time the lease is executed, the lessor must file the 
return and pay the tax to the Department by the due date 
otherwise required by this Act for returns other than 
transaction returns. If the retailer is entitled under this 
Act to a discount for collecting and remitting the tax imposed 
under this Act to the Department with respect to the sale of 
the motor vehicle to the lessor, then the right to the discount 
provided in this Act shall be transferred to the lessor with 
respect to the tax paid by the lessor for any amount received 
by the lessor from the lessee for the leased vehicle that is 
not calculated at the time the lease is executed; provided 
that the discount is only allowed if the return is timely filed 
and for amounts timely paid. The "selling price" of a motor 
vehicle that is sold on or after January 1, 2015 for the 
purpose of leasing for a defined period of longer than one year 
shall not be reduced by the value of or credit given for 
traded-in tangible personal property owned by the lessor, nor 
shall it be reduced by the value of or credit given for 
traded-in tangible personal property owned by the lessee, 
regardless of whether the trade-in value thereof is assigned 
by the lessee to the lessor. In the case of a motor vehicle 
that is sold for the purpose of leasing for a defined period of 
longer than one year, the sale occurs at the time of the 
delivery of the vehicle, regardless of the due date of any 
lease payments. A lessor who incurs a Retailers' Occupation 
Tax liability on the sale of a motor vehicle coming off lease 
may not take a credit against that liability for the Use Tax 
the lessor paid upon the purchase of the motor vehicle (or for 
any tax the lessor paid with respect to any amount received by 
the lessor from the lessee for the leased vehicle that was not 
calculated at the time the lease was executed) if the selling 
price of the motor vehicle at the time of purchase was 
calculated using the definition of "selling price" as defined 
in this paragraph.
Notwithstanding any other provision of this 
Act to the contrary, lessors shall file all returns and make 
all payments required under this paragraph to the Department 
by electronic means in the manner and form as required by the 
Department. This paragraph does not apply to leases of motor 
vehicles for which, at the time the lease is entered into, the 
term of the lease is not a defined period, including leases 
with a defined initial period with the option to continue the 
lease on a month-to-month or other basis beyond the initial 
defined period. 
 The phrase "like kind and character" shall be liberally 
construed
(including but not limited to any form of motor 
vehicle for any form of
motor vehicle, or any kind of farm or 
agricultural implement for any other
kind of farm or 
agricultural implement), while not including a kind of item

which, if sold at retail by that retailer, would be exempt from 
retailers'
occupation tax and use tax as an isolated or 
occasional sale.

 "Gross receipts" from the sales of tangible personal 
property at retail
means the total selling price or the amount 
of such sales, as hereinbefore
defined. In the case of charge 
and time sales, the amount thereof shall be
included only as 
and when payments are received by the seller.
Receipts or 
other consideration derived by a seller from
the sale, 
transfer or assignment of accounts receivable to a wholly 
owned
subsidiary will not be deemed payments prior to the time 
the purchaser
makes payment on such accounts.

 "Department" means the Department of Revenue.

 "Person" means any natural individual, firm, partnership, 
association,
joint stock company, joint adventure, public or 
private corporation, limited
liability company, or a receiver, 
executor, trustee, guardian or other
representative appointed 
by order of any court.

 The isolated or occasional sale of tangible personal 
property at retail
by a person who does not hold himself out as 
being engaged (or who does not
habitually engage) in selling 
such tangible personal property at retail, or
a sale through a 
bulk vending machine, does not constitute engaging in a

business of selling such tangible personal property at retail 
within the
meaning of this Act; provided that any person who is 
engaged in a business
which is not subject to the tax imposed 
by this Act because of involving
the sale of or a contract to 
sell real estate or a construction contract to
improve real 
estate or a construction contract to engineer, install, and

maintain an integrated system of products, but who, in the 
course of
conducting such business,
transfers tangible 
personal property to users or consumers in the finished
form 
in which it was purchased, and which does not become real 
estate or was
not engineered and installed, under any 
provision of a construction contract or
real estate sale or 
real estate sales agreement entered into with some other

person arising out of or because of such nontaxable business, 
is engaged in the
business of selling tangible personal 
property at retail to the extent of the
value of the tangible 
personal property so transferred. If, in such a
transaction, a 
separate charge is made for the tangible personal property so

transferred, the value of such property, for the purpose of 
this Act, shall be
the amount so separately charged, but not 
less than the cost of such property
to the transferor; if no 
separate charge is made, the value of such property,
for the 
purposes of this Act, is the cost to the transferor of such 
tangible
personal property. Construction contracts for the 
improvement of real estate
consisting of engineering, 
installation, and maintenance of voice, data, video,
security, 
and all telecommunication systems do not constitute engaging 
in a
business of selling tangible personal property at retail 
within the meaning of
this Act if they are sold at one 
specified contract price.

 A person who holds himself or herself out as being engaged 
(or who habitually
engages) in selling tangible personal 
property at retail is a person
engaged in the business of 
selling tangible personal property at retail
hereunder with 
respect to such sales (and not primarily in a service

occupation) notwithstanding the fact that such person designs 
and produces
such tangible personal property on special order 
for the purchaser and in
such a way as to render the property 
of value only to such purchaser, if
such tangible personal 
property so produced on special order serves
substantially the 
same function as stock or standard items of tangible
personal 
property that are sold at retail.

 Persons who engage in the business of transferring 
tangible personal
property upon the redemption of trading 
stamps are engaged in the business
of selling such property at 
retail and shall be liable for and shall pay
the tax imposed by 
this Act on the basis of the retail value of the
property 
transferred upon redemption of such stamps.

 "Bulk vending machine" means a vending machine,
containing 
unsorted confections, nuts, toys, or other items designed

primarily to be used or played with by children
which, when a 
coin or coins of a denomination not larger than $0.50 are

inserted, are dispensed in equal portions, at random and

without selection by the customer.

 "Remote retailer" means a retailer that does not maintain 
within this State, directly or by a subsidiary, an office, 
distribution house, sales house, warehouse or other place of 
business, or any agent or other representative operating 
within this State under the authority of the retailer or its 
subsidiary, irrespective of whether such place of business or 
agent is located here permanently or temporarily or whether 
such retailer or subsidiary is licensed to do business in this 
State. 
 "Marketplace" means a physical or electronic place, forum, 
platform, application, or other method by which a marketplace 
seller sells or offers to sell items. 
 "Marketplace facilitator" means a person who, pursuant to 
an agreement with an unrelated third-party marketplace seller, 
directly or indirectly through one or more affiliates 
facilitates a retail sale by an unrelated third party 
marketplace seller by: 
  (1) listing or advertising for sale by the marketplace 
 seller in a marketplace, tangible personal property that 
 is subject to tax under this Act; and 
  (2) either directly or indirectly, through agreements 
 or arrangements with third parties, collecting payment 
 from the customer and transmitting that payment to the 
 marketplace seller regardless of whether the marketplace 
 facilitator receives compensation or other consideration 
 in exchange for its services. 
 A person who provides advertising services, including 
listing products for sale, is not considered a marketplace 
facilitator, so long as the advertising service platform or 
forum does not engage, directly or indirectly through one or 
more affiliated persons, in the activities described in 
paragraph (2) of this definition of "marketplace facilitator". 
 "Marketplace facilitator" does not include any person 
licensed under the Auction License Act. This exemption does 
not apply to any person who is an Internet auction listing 
service, as defined by the Auction License Act. 
 "Marketplace seller" means a person that makes sales 
through a marketplace operated by an unrelated third party 
marketplace facilitator. 
(Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 1-1-20; 
102-353, eff. 1-1-22; 102-634, eff. 8-27-21; revised 11-1-21.)




 (35 ILCS 120/2-5)


 Sec. 2-5. Exemptions. Gross receipts from proceeds from 
the sale of
the following tangible personal property are 
exempt from the tax imposed
by this Act:

  (1) Farm chemicals.

  (2) Farm machinery and equipment, both new and used, 
 including that
manufactured on special order, certified by 
 the purchaser to be used
primarily for production 
 agriculture or State or federal agricultural
programs, 
 including individual replacement parts for the machinery 
 and
equipment, including machinery and equipment purchased 
 for lease,
and including implements of husbandry defined 
 in Section 1-130 of
the Illinois Vehicle Code, farm 
 machinery and agricultural chemical and
fertilizer 
 spreaders, and nurse wagons required to be registered

 under Section 3-809 of the Illinois Vehicle Code,
but

 excluding other motor vehicles required to be registered 
 under the Illinois
Vehicle Code.
Horticultural polyhouses 
 or hoop houses used for propagating, growing, or

 overwintering plants shall be considered farm machinery 
 and equipment under
this item (2).
Agricultural chemical 
 tender tanks and dry boxes shall include units sold

 separately from a motor vehicle required to be licensed 
 and units sold mounted
on a motor vehicle required to be 
 licensed, if the selling price of the tender
is separately 
 stated.

  Farm machinery and equipment shall include precision 
 farming equipment
that is
installed or purchased to be 
 installed on farm machinery and equipment
including, but 
 not limited to, tractors, harvesters, sprayers, planters,

 seeders, or spreaders.
Precision farming equipment 
 includes, but is not limited to,
soil testing sensors, 
 computers, monitors, software, global positioning
and 
 mapping systems, and other such equipment.

  Farm machinery and equipment also includes computers, 
 sensors, software, and
related equipment used primarily in 
 the
computer-assisted operation of production agriculture 
 facilities, equipment,
and activities such as, but
not 
 limited to,
the collection, monitoring, and correlation of

 animal and crop data for the purpose of
formulating animal 
 diets and agricultural chemicals. This item (2) is exempt

 from the provisions of
Section 2-70.

  (3) Until July 1, 2003, distillation machinery and 
 equipment, sold as a
unit or kit,
assembled or installed 
 by the retailer, certified by the user to be used
only for 
 the production of ethyl alcohol that will be used for 
 consumption
as motor fuel or as a component of motor fuel 
 for the personal use of the
user, and not subject to sale 
 or resale.

  (4) Until July 1, 2003 and beginning again September 
 1, 2004 through August 30, 2014, graphic arts machinery 
 and equipment, including
repair and
replacement parts, 
 both new and used, and including that manufactured on

 special order or purchased for lease, certified by the 
 purchaser to be used
primarily for graphic arts 
 production.
Equipment includes chemicals or
chemicals 
 acting as catalysts but only if
the chemicals or chemicals 
 acting as catalysts effect a direct and immediate
change 
 upon a
graphic arts product. Beginning on July 1, 2017, 
 graphic arts machinery and equipment is included in the 
 manufacturing and assembling machinery and equipment 
 exemption under paragraph (14).

  (5) A motor vehicle that is used for automobile 
 renting, as defined in the Automobile Renting Occupation 
 and Use Tax Act. This paragraph is exempt from
the 
 provisions of Section 2-70.

  (6) Personal property sold by a teacher-sponsored 
 student organization
affiliated with an elementary or 
 secondary school located in Illinois.

  (7) Until July 1, 2003, proceeds of that portion of 
 the selling price of
a passenger car the
sale of which is 
 subject to the Replacement Vehicle Tax.

  (8) Personal property sold to an Illinois county fair 
 association for
use in conducting, operating, or promoting 
 the county fair.

  (9) Personal property sold to a not-for-profit arts
or 
 cultural organization that establishes, by proof required 
 by the Department
by
rule, that it has received an 
 exemption under Section 501(c)(3) of the
Internal Revenue 
 Code and that is organized and operated primarily for the

 presentation
or support of arts or cultural programming, 
 activities, or services. These
organizations include, but 
 are not limited to, music and dramatic arts
organizations 
 such as symphony orchestras and theatrical groups, arts 
 and
cultural service organizations, local arts councils, 
 visual arts organizations,
and media arts organizations.

 On and after July 1, 2001 (the effective date of Public Act 
 92-35), however, an entity otherwise eligible for this 
 exemption shall not
make tax-free purchases unless it has 
 an active identification number issued by
the Department.

  (10) Personal property sold by a corporation, society, 
 association,
foundation, institution, or organization, 
 other than a limited liability
company, that is organized 
 and operated as a not-for-profit service enterprise
for 
 the benefit of persons 65 years of age or older if the 
 personal property
was not purchased by the enterprise for 
 the purpose of resale by the
enterprise.

  (11) Personal property sold to a governmental body, to 
 a corporation,
society, association, foundation, or 
 institution organized and operated
exclusively for 
 charitable, religious, or educational purposes, or to a

 not-for-profit corporation, society, association, 
 foundation, institution,
or organization that has no 
 compensated officers or employees and that is
organized 
 and operated primarily for the recreation of persons 55 
 years of
age or older. A limited liability company may 
 qualify for the exemption under
this paragraph only if the 
 limited liability company is organized and operated

 exclusively for educational purposes. On and after July 1, 
 1987, however, no
entity otherwise eligible for this 
 exemption shall make tax-free purchases
unless it has an 
 active identification number issued by the Department.

  (12) (Blank).

  (12-5) On and after July 1, 2003 and through June 30, 
 2004, motor vehicles of the second division
with a gross 
 vehicle weight in excess of 8,000 pounds
that
are
subject 
 to the commercial distribution fee imposed under Section 
 3-815.1 of
the Illinois
Vehicle Code. Beginning on July 1, 
 2004 and through June 30, 2005, the use in this State of 
 motor vehicles of the second division: (i) with a gross 
 vehicle weight rating in excess of 8,000 pounds; (ii) that 
 are subject to the commercial distribution fee imposed 
 under Section 3-815.1 of the Illinois Vehicle Code; and 
 (iii) that are primarily used for commercial purposes. 
 Through June 30, 2005, this
exemption applies to repair 
 and replacement parts added
after the
initial purchase of 
 such a motor vehicle if that motor vehicle is used in a

 manner that
would qualify for the rolling stock exemption 
 otherwise provided for in this
Act. For purposes of this 
 paragraph, "used for commercial purposes" means the 
 transportation of persons or property in furtherance of 
 any commercial or industrial enterprise whether for-hire 
 or not.


  (13) Proceeds from sales to owners, lessors, or

 shippers of
tangible personal property that is utilized by 
 interstate carriers for
hire for use as rolling stock 
 moving in interstate commerce
and equipment operated by a 
 telecommunications provider, licensed as a
common carrier 
 by the Federal Communications Commission, which is

 permanently installed in or affixed to aircraft moving in 
 interstate commerce.

  (14) Machinery and equipment that will be used by the 
 purchaser, or a
lessee of the purchaser, primarily in the 
 process of manufacturing or
assembling tangible personal 
 property for wholesale or retail sale or
lease, whether 
 the sale or lease is made directly by the manufacturer or 
 by
some other person, whether the materials used in the 
 process are owned by
the manufacturer or some other 
 person, or whether the sale or lease is made
apart from or 
 as an incident to the seller's engaging in the service

 occupation of producing machines, tools, dies, jigs, 
 patterns, gauges, or
other similar items of no commercial 
 value on special order for a particular
purchaser. The 
 exemption provided by this paragraph (14) does not include 
 machinery and equipment used in (i) the generation of 
 electricity for wholesale or retail sale; (ii) the 
 generation or treatment of natural or artificial gas for 
 wholesale or retail sale that is delivered to customers 
 through pipes, pipelines, or mains; or (iii) the treatment 
 of water for wholesale or retail sale that is delivered to 
 customers through pipes, pipelines, or mains. The 
 provisions of Public Act 98-583 are declaratory of 
 existing law as to the meaning and scope of this 
 exemption. Beginning on July 1, 2017, the exemption 
 provided by this paragraph (14) includes, but is not 
 limited to, graphic arts machinery and equipment, as 
 defined in paragraph (4) of this Section.

  (15) Proceeds of mandatory service charges separately 
 stated on
customers' bills for purchase and consumption of 
 food and beverages, to the
extent that the proceeds of the 
 service charge are in fact turned over as
tips or as a 
 substitute for tips to the employees who participate 
 directly
in preparing, serving, hosting or cleaning up the 
 food or beverage function
with respect to which the 
 service charge is imposed. 

  (16) Tangible personal property sold to a purchaser if 
 the purchaser is exempt from use tax by operation of 
 federal law. This paragraph is exempt from the provisions 
 of Section 2-70. 

  (17) Tangible personal property sold to a common 
 carrier by rail or
motor that
receives the physical 
 possession of the property in Illinois and that
transports 
 the property, or shares with another common carrier in the

 transportation of the property, out of Illinois on a 
 standard uniform bill
of lading showing the seller of the 
 property as the shipper or consignor of
the property to a 
 destination outside Illinois, for use outside Illinois.

  (18) Legal tender, currency, medallions, or gold or 
 silver coinage
issued by the State of Illinois, the 
 government of the United States of
America, or the 
 government of any foreign country, and bullion.

  (19) Until July 1, 2003, oil field exploration, 
 drilling, and production
equipment, including
(i) rigs and 
 parts of rigs, rotary rigs, cable tool
rigs, and workover 
 rigs, (ii) pipe and tubular goods, including casing and

 drill strings, (iii) pumps and pump-jack units, (iv) 
 storage tanks and flow
lines, (v) any individual 
 replacement part for oil field exploration,
drilling, and 
 production equipment, and (vi) machinery and equipment 
 purchased
for lease; but
excluding motor vehicles required 
 to be registered under the Illinois
Vehicle Code.

  (20) Photoprocessing machinery and equipment, 
 including repair and
replacement parts, both new and used, 
 including that manufactured on
special order, certified by 
 the purchaser to be used primarily for
photoprocessing, 
 and including photoprocessing machinery and equipment

 purchased for lease.

  (21) Until July 1, 2023, coal and aggregate 
 exploration, mining, off-highway hauling,
processing,

 maintenance, and reclamation equipment, including

 replacement parts and equipment, and including
equipment 
 purchased for lease, but excluding motor vehicles required 
 to be
registered under the Illinois Vehicle Code. The 
 changes made to this Section by Public Act 97-767 apply on 
 and after July 1, 2003, but no claim for credit or refund 
 is allowed on or after August 16, 2013 (the effective date 
 of Public Act 98-456)
for such taxes paid during the 
 period beginning July 1, 2003 and ending on August 16, 
 2013 (the effective date of Public Act 98-456).

  (22) Until June 30, 2013, fuel and petroleum products 
 sold to or used by an air carrier,
certified by the carrier 
 to be used for consumption, shipment, or storage
in the 
 conduct of its business as an air common carrier, for a 
 flight
destined for or returning from a location or 
 locations
outside the United States without regard to 
 previous or subsequent domestic
stopovers.

  Beginning July 1, 2013, fuel and petroleum products 
 sold to or used by an air carrier, certified by the carrier 
 to be used for consumption, shipment, or storage in the 
 conduct of its business as an air common carrier, for a 
 flight that (i) is engaged in foreign trade or is engaged 
 in trade between the United States and any of its 
 possessions and (ii) transports at least one individual or 
 package for hire from the city of origination to the city 
 of final destination on the same aircraft, without regard 
 to a change in the flight number of that aircraft. 
  (23) A transaction in which the purchase order is 
 received by a florist
who is located outside Illinois, but 
 who has a florist located in Illinois
deliver the property 
 to the purchaser or the purchaser's donee in Illinois.

  (24) Fuel consumed or used in the operation of ships, 
 barges, or vessels
that are used primarily in or for the 
 transportation of property or the
conveyance of persons 
 for hire on rivers bordering on this State if the
fuel is 
 delivered by the seller to the purchaser's barge, ship, or 
 vessel
while it is afloat upon that bordering river.

  (25) Except as provided in item (25-5) of this 
 Section, a
motor vehicle sold in this State to a 
 nonresident even though the
motor vehicle is delivered to 
 the nonresident in this State, if the motor
vehicle is not 
 to be titled in this State, and if a drive-away permit
is 
 issued to the motor vehicle as provided in Section 3-603 
 of the Illinois
Vehicle Code or if the nonresident 
 purchaser has vehicle registration
plates to transfer to 
 the motor vehicle upon returning to his or her home
state. 
 The issuance of the drive-away permit or having
the

 out-of-state registration plates to be transferred is 
 prima facie evidence
that the motor vehicle will not be 
 titled in this State.

  (25-5) The exemption under item (25) does not apply if 
 the state in which the motor vehicle will be titled does 
 not allow a reciprocal exemption for a motor vehicle sold 
 and delivered in that state to an Illinois resident but 
 titled in Illinois. The tax collected under this Act on 
 the sale of a motor vehicle in this State to a resident of 
 another state that does not allow a reciprocal exemption 
 shall be imposed at a rate equal to the state's rate of tax 
 on taxable property in the state in which the purchaser is 
 a resident, except that the tax shall not exceed the tax 
 that would otherwise be imposed under this Act. At the 
 time of the sale, the purchaser shall execute a statement, 
 signed under penalty of perjury, of his or her intent to 
 title the vehicle in the state in which the purchaser is a 
 resident within 30 days after the sale and of the fact of 
 the payment to the State of Illinois of tax in an amount 
 equivalent to the state's rate of tax on taxable property 
 in his or her state of residence and shall submit the 
 statement to the appropriate tax collection agency in his 
 or her state of residence. In addition, the retailer must 
 retain a signed copy of the statement in his or her 
 records. Nothing in this item shall be construed to 
 require the removal of the vehicle from this state 
 following the filing of an intent to title the vehicle in 
 the purchaser's state of residence if the purchaser titles 
 the vehicle in his or her state of residence within 30 days 
 after the date of sale. The tax collected under this Act in 
 accordance with this item (25-5) shall be proportionately 
 distributed as if the tax were collected at the 6.25% 
 general rate imposed under this Act.

  (25-7) Beginning on July 1, 2007, no tax is imposed 
 under this Act on the sale of an aircraft, as defined in 
 Section 3 of the Illinois Aeronautics Act, if all of the 
 following conditions are met:
   (1) the aircraft leaves this State within 15 days 
 after the later of either the issuance of the final 
 billing for the sale of the aircraft, or the 
 authorized approval for return to service, completion 
 of the maintenance record entry, and completion of the 
 test flight and ground test for inspection, as 
 required by 14 C.F.R. 91.407;
   (2) the aircraft is not based or registered in 
 this State after the sale of the aircraft; and
   (3) the seller retains in his or her books and 
 records and provides to the Department a signed and 
 dated certification from the purchaser, on a form 
 prescribed by the Department, certifying that the 
 requirements of this item (25-7) are met. The 
 certificate must also include the name and address of 
 the purchaser, the address of the location where the 
 aircraft is to be titled or registered, the address of 
 the primary physical location of the aircraft, and 
 other information that the Department may reasonably 
 require.
  For purposes of this item (25-7):
  "Based in this State" means hangared, stored, or 
 otherwise used, excluding post-sale customizations as 
 defined in this Section, for 10 or more days in each 
 12-month period immediately following the date of the sale 
 of the aircraft.
  "Registered in this State" means an aircraft 
 registered with the Department of Transportation, 
 Aeronautics Division, or titled or registered with the 
 Federal Aviation Administration to an address located in 
 this State.
  This paragraph (25-7) is exempt from the provisions
of

 Section 2-70.

  (26) Semen used for artificial insemination of 
 livestock for direct
agricultural production.

  (27) Horses, or interests in horses, registered with 
 and meeting the
requirements of any of the
Arabian Horse 
 Club Registry of America, Appaloosa Horse Club, American 
 Quarter
Horse Association, United States
Trotting 
 Association, or Jockey Club, as appropriate, used for

 purposes of breeding or racing for prizes. This item (27) 
 is exempt from the provisions of Section 2-70, and the 
 exemption provided for under this item (27) applies for 
 all periods beginning May 30, 1995, but no claim for 
 credit or refund is allowed on or after January 1, 2008 
 (the effective date of Public Act 95-88)
for such taxes 
 paid during the period beginning May 30, 2000 and ending 
 on January 1, 2008 (the effective date of Public Act 
 95-88).

  (28) Computers and communications equipment utilized 
 for any
hospital
purpose
and equipment used in the 
 diagnosis,
analysis, or treatment of hospital patients 
 sold to a lessor who leases the
equipment, under a lease of 
 one year or longer executed or in effect at the
time of the 
 purchase, to a
hospital
that has been issued an active tax 
 exemption identification number by the
Department under 
 Section 1g of this Act.

  (29) Personal property sold to a lessor who leases the

 property, under a
lease of one year or longer executed or 
 in effect at the time of the purchase,
to a governmental 
 body
that has been issued an active tax exemption 
 identification number by the
Department under Section 1g 
 of this Act.

  (30) Beginning with taxable years ending on or after 
 December
31, 1995
and
ending with taxable years ending on 
 or before December 31, 2004,
personal property that is

 donated for disaster relief to be used in a State or 
 federally declared
disaster area in Illinois or bordering 
 Illinois by a manufacturer or retailer
that is registered 
 in this State to a corporation, society, association,

 foundation, or institution that has been issued a sales 
 tax exemption
identification number by the Department that 
 assists victims of the disaster
who reside within the 
 declared disaster area.

  (31) Beginning with taxable years ending on or after 
 December
31, 1995 and
ending with taxable years ending on 
 or before December 31, 2004, personal
property that is 
 used in the performance of infrastructure repairs in this

 State, including but not limited to municipal roads and 
 streets, access roads,
bridges, sidewalks, waste disposal 
 systems, water and sewer line extensions,
water 
 distribution and purification facilities, storm water 
 drainage and
retention facilities, and sewage treatment 
 facilities, resulting from a State
or federally declared 
 disaster in Illinois or bordering Illinois when such

 repairs are initiated on facilities located in the 
 declared disaster area
within 6 months after the disaster.

  (32) Beginning July 1, 1999, game or game birds sold 
 at a "game breeding
and
hunting preserve area" as that 
 term is used
in the
Wildlife Code. This paragraph is 
 exempt from the provisions
of
Section 2-70.

  (33) A motor vehicle, as that term is defined in 
 Section 1-146
of the
Illinois Vehicle Code, that is 
 donated to a corporation, limited liability
company, 
 society, association, foundation, or institution that is 
 determined by
the Department to be organized and operated 
 exclusively for educational
purposes. For purposes of this 
 exemption, "a corporation, limited liability
company, 
 society, association, foundation, or institution organized 
 and
operated
exclusively for educational purposes" means 
 all tax-supported public schools,
private schools that 
 offer systematic instruction in useful branches of

 learning by methods common to public schools and that 
 compare favorably in
their scope and intensity with the 
 course of study presented in tax-supported
schools, and 
 vocational or technical schools or institutes organized 
 and
operated exclusively to provide a course of study of 
 not less than 6 weeks
duration and designed to prepare 
 individuals to follow a trade or to pursue a
manual, 
 technical, mechanical, industrial, business, or commercial

 occupation.

  (34) Beginning January 1, 2000, personal property, 
 including food, purchased
through fundraising events for 
 the benefit of a public or private elementary or
secondary 
 school, a group of those schools, or one or more school 
 districts if
the events are sponsored by an entity 
 recognized by the school district that
consists primarily 
 of volunteers and includes parents and teachers of the

 school children. This paragraph does not apply to 
 fundraising events (i) for
the benefit of private home 
 instruction or (ii) for which the fundraising
entity 
 purchases the personal property sold at the events from 
 another
individual or entity that sold the property for 
 the purpose of resale by the
fundraising entity and that 
 profits from the sale to the fundraising entity.
This 
 paragraph is exempt from the provisions of Section 2-70.

  (35) Beginning January 1, 2000 and through December 
 31, 2001, new or used
automatic vending machines that 
 prepare and serve hot food and beverages,
including 
 coffee, soup, and other items, and replacement parts for 
 these
machines. Beginning January 1, 2002 and through June 
 30, 2003, machines
and parts for machines used in

 commercial, coin-operated amusement and vending business 
 if a use or occupation
tax is paid on the gross receipts 
 derived from the use of the commercial,
coin-operated 
 amusement and vending machines. This paragraph is exempt 
 from
the provisions of Section 2-70.

  (35-5) Beginning August 23, 2001 and through June 30, 
 2016, food for human consumption that is to be consumed 
 off
the premises where it is sold (other than alcoholic 
 beverages, soft drinks,
and food that has been prepared 
 for immediate consumption) and prescription
and 
 nonprescription medicines, drugs, medical appliances, and 
 insulin, urine
testing materials, syringes, and needles 
 used by diabetics, for human use, when
purchased for use 
 by a person receiving medical assistance under Article V 
 of
the Illinois Public Aid Code who resides in a licensed 
 long-term care facility,
as defined in the Nursing Home 
 Care Act, or a licensed facility as defined in the ID/DD 
 Community Care Act, the MC/DD Act, or the Specialized 
 Mental Health Rehabilitation Act of 2013.

  (36) Beginning August 2, 2001, computers and 
 communications equipment
utilized for any hospital purpose 
 and equipment used in the diagnosis,
analysis, or 
 treatment of hospital patients sold to a lessor who leases 
 the
equipment, under a lease of one year or longer 
 executed or in effect at the
time of the purchase, to a 
 hospital that has been issued an active tax
exemption 
 identification number by the Department under Section 1g 
 of this Act.
This paragraph is exempt from the provisions 
 of Section 2-70.

  (37) Beginning August 2, 2001, personal property sold 
 to a lessor who
leases the property, under a lease of one 
 year or longer executed or in effect
at the time of the 
 purchase, to a governmental body that has been issued an

 active tax exemption identification number by the 
 Department under Section 1g
of this Act. This paragraph is 
 exempt from the provisions of Section 2-70.

  (38) Beginning on January 1, 2002 and through June 30, 
 2016, tangible personal property purchased
from an 
 Illinois retailer by a taxpayer engaged in centralized 
 purchasing
activities in Illinois who will, upon receipt 
 of the property in Illinois,
temporarily store the 
 property in Illinois (i) for the purpose of subsequently

 transporting it outside this State for use or consumption 
 thereafter solely
outside this State or (ii) for the 
 purpose of being processed, fabricated, or
manufactured 
 into, attached to, or incorporated into other tangible 
 personal
property to be transported outside this State and 
 thereafter used or consumed
solely outside this State. The 
 Director of Revenue shall, pursuant to rules
adopted in 
 accordance with the Illinois Administrative Procedure Act, 
 issue a
permit to any taxpayer in good standing with the 
 Department who is eligible for
the exemption under this 
 paragraph (38). The permit issued under
this paragraph 
 (38) shall authorize the holder, to the extent and
in the 
 manner specified in the rules adopted under this Act, to 
 purchase
tangible personal property from a retailer exempt 
 from the taxes imposed by
this Act. Taxpayers shall 
 maintain all necessary books and records to
substantiate 
 the use and consumption of all such tangible personal 
 property
outside of the State of Illinois.

  (39) Beginning January 1, 2008, tangible personal 
 property used in the construction or maintenance of a 
 community water supply, as defined under Section 3.145 of 
 the Environmental Protection Act, that is operated by a 
 not-for-profit corporation that holds a valid water supply 
 permit issued under Title IV of the Environmental 
 Protection Act. This paragraph is exempt from the 
 provisions of Section 2-70.

  (40) Beginning January 1, 2010 and continuing through 
 December 31, 2024, materials, parts, equipment, 
 components, and furnishings incorporated into or upon an 
 aircraft as part of the modification, refurbishment, 
 completion, replacement, repair, or maintenance of the 
 aircraft. This exemption includes consumable supplies used 
 in the modification, refurbishment, completion, 
 replacement, repair, and maintenance of aircraft, but 
 excludes any materials, parts, equipment, components, and 
 consumable supplies used in the modification, replacement, 
 repair, and maintenance of aircraft engines or power 
 plants, whether such engines or power plants are installed 
 or uninstalled upon any such aircraft. "Consumable 
 supplies" include, but are not limited to, adhesive, tape, 
 sandpaper, general purpose lubricants, cleaning solution, 
 latex gloves, and protective films. This exemption applies 
 only to the sale of qualifying tangible personal property 
 to persons who modify, refurbish, complete, replace, or 
 maintain an aircraft and who (i) hold an Air Agency 
 Certificate and are empowered to operate an approved 
 repair station by the Federal Aviation Administration, 
 (ii) have a Class IV Rating, and (iii) conduct operations 
 in accordance with Part 145 of the Federal Aviation 
 Regulations. The exemption does not include aircraft 
 operated by a commercial air carrier providing scheduled 
 passenger air service pursuant to authority issued under 
 Part 121 or Part 129 of the Federal Aviation Regulations. 
 The changes made to this paragraph (40) by Public Act 
 98-534 are declarative of existing law. It is the intent 
 of the General Assembly that the exemption under this 
 paragraph (40) applies continuously from January 1, 2010 
 through December 31, 2024; however, no claim for credit or 
 refund is allowed for taxes paid as a result of the 
 disallowance of this exemption on or after January 1, 2015 
 and prior to the effective date of this amendatory Act of 
 the 101st General Assembly.
  (41) Tangible personal property sold to a 
 public-facilities corporation, as described in Section 
 11-65-10 of the Illinois Municipal Code, for purposes of 
 constructing or furnishing a municipal convention hall, 
 but only if the legal title to the municipal convention 
 hall is transferred to the municipality without any 
 further consideration by or on behalf of the municipality 
 at the time of the completion of the municipal convention 
 hall or upon the retirement or redemption of any bonds or 
 other debt instruments issued by the public-facilities 
 corporation in connection with the development of the 
 municipal convention hall. This exemption includes 
 existing public-facilities corporations as provided in 
 Section 11-65-25 of the Illinois Municipal Code. This 
 paragraph is exempt from the provisions of Section 2-70. 
  (42) Beginning January 1, 2017 and through December 
 31, 2026, menstrual pads, tampons, and menstrual cups. 
  (43) Merchandise that is subject to the Rental 
 Purchase Agreement Occupation and Use Tax. The purchaser 
 must certify that the item is purchased to be rented 
 subject to a rental purchase agreement, as defined in the 
 Rental Purchase Agreement Act, and provide proof of 
 registration under the Rental Purchase Agreement 
 Occupation and Use Tax Act. This paragraph is exempt from 
 the provisions of Section 2-70.
  (44) Qualified tangible personal property used in the 
 construction or operation of a data center that has been 
 granted a certificate of exemption by the Department of 
 Commerce and Economic Opportunity, whether that tangible 
 personal property is purchased by the owner, operator, or 
 tenant of the data center or by a contractor or 
 subcontractor of the owner, operator, or tenant. Data 
 centers that would have qualified for a certificate of 
 exemption prior to January 1, 2020 had this amendatory Act 
 of the 101st General Assembly been in effect, may apply 
 for and obtain an exemption for subsequent purchases of 
 computer equipment or enabling software purchased or 
 leased to upgrade, supplement, or replace computer 
 equipment or enabling software purchased or leased in the 
 original investment that would have qualified. 
  The Department of Commerce and Economic Opportunity 
 shall grant a certificate of exemption under this item 
 (44) to qualified data centers as defined by Section 
 605-1025 of the Department of Commerce and Economic 
 Opportunity Law of the
Civil Administrative Code of 
 Illinois. 
  For the purposes of this item (44): 
   "Data center" means a building or a series of 
 buildings rehabilitated or constructed to house 
 working servers in one physical location or multiple 
 sites within the State of Illinois. 
   "Qualified tangible personal property" means: 
 electrical systems and equipment; climate control and 
 chilling equipment and systems; mechanical systems and 
 equipment; monitoring and secure systems; emergency 
 generators; hardware; computers; servers; data storage 
 devices; network connectivity equipment; racks; 
 cabinets; telecommunications cabling infrastructure; 
 raised floor systems; peripheral components or 
 systems; software; mechanical, electrical, or plumbing 
 systems; battery systems; cooling systems and towers; 
 temperature control systems; other cabling; and other 
 data center infrastructure equipment and systems 
 necessary to operate qualified tangible personal 
 property, including fixtures; and component parts of 
 any of the foregoing, including installation, 
 maintenance, repair, refurbishment, and replacement of 
 qualified tangible personal property to generate, 
 transform, transmit, distribute, or manage electricity 
 necessary to operate qualified tangible personal 
 property; and all other tangible personal property 
 that is essential to the operations of a computer data 
 center. The term "qualified tangible personal 
 property" also includes building materials physically 
 incorporated into in to the qualifying data center. To 
 document the exemption allowed under this Section, the 
 retailer must obtain from the purchaser a copy of the 
 certificate of eligibility issued by the Department of 
 Commerce and Economic Opportunity. 
  This item (44) is exempt from the provisions of 
 Section 2-70. 
  (45) Beginning January 1, 2020 and through December 
 31, 2020, sales of tangible personal property made by a 
 marketplace seller over a marketplace for which tax is due 
 under this Act but for which use tax has been collected and 
 remitted to the Department by a marketplace facilitator 
 under Section 2d of the Use Tax Act are exempt from tax 
 under this Act. A marketplace seller claiming this 
 exemption shall maintain books and records demonstrating 
 that the use tax on such sales has been collected and 
 remitted by a marketplace facilitator. Marketplace sellers 
 that have properly remitted tax under this Act on such 
 sales may file a claim for credit as provided in Section 6 
 of this Act. No claim is allowed, however, for such taxes 
 for which a credit or refund has been issued to the 
 marketplace facilitator under the Use Tax Act, or for 
 which the marketplace facilitator has filed a claim for 
 credit or refund under the Use Tax Act. 
(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19; 
101-629, eff. 2-5-20; 102-16, eff. 6-17-21; 102-634, eff. 
8-27-21; revised 11-9-21.)




 (35 ILCS 120/3) (from Ch. 120, par. 442)



 Sec. 3. Except as provided in this Section, on or before 
the twentieth
day of each calendar month, every person engaged 
in the business of
selling tangible personal property at 
retail in this State during the
preceding calendar month shall 
file a return with the Department, stating:
  1. The name of the seller;
  2. His residence address and the address of his 
 principal place of
business and the address of the 
 principal place of business (if that is
a different 
 address) from which he engages in the business of selling

 tangible personal property at retail in this State;
  3. Total amount of receipts received by him during the 
 preceding
calendar month or quarter, as the case may be, 
 from sales of tangible
personal property, and from 
 services furnished, by him during such
preceding calendar 
 month or quarter;
  4. Total amount received by him during the preceding 
 calendar month or
quarter on charge and time sales of 
 tangible personal property, and from
services furnished, 
 by him prior to the month or quarter for which the return

 is filed;
  5. Deductions allowed by law;
  6. Gross receipts which were received by him during 
 the preceding
calendar month or quarter and upon the basis 
 of which the tax is imposed;
  7. The amount of credit provided in Section 2d of this 
 Act;
  8. The amount of tax due;
  9. The signature of the taxpayer; and
  10. Such other reasonable information as the 
 Department may require.
 On and after January 1, 2018, except for returns for motor 
vehicles, watercraft, aircraft, and trailers that are required 
to be registered with an agency of this State, with respect to 
retailers whose annual gross receipts average $20,000 or more, 
all returns required to be filed pursuant to this Act shall be 
filed electronically. Retailers who demonstrate that they do 
not have access to the Internet or demonstrate hardship in 
filing electronically may petition the Department to waive the 
electronic filing requirement. 
 If a taxpayer fails to sign a return within 30 days after 
the proper notice
and demand for signature by the Department, 
the return shall be considered
valid and any amount shown to be 
due on the return shall be deemed assessed.
 Each return shall be accompanied by the statement of 
prepaid tax issued
pursuant to Section 2e for which credit is 
claimed.
 Prior to October 1, 2003, and on and after September 1, 
2004 a retailer may accept a Manufacturer's Purchase
Credit

certification from a purchaser in satisfaction of Use Tax
as 
provided in Section 3-85 of the Use Tax Act if the purchaser 
provides the
appropriate documentation as required by Section 
3-85
of the Use Tax Act. A Manufacturer's Purchase Credit

certification, accepted by a retailer prior to October 1, 2003 
and on and after September 1, 2004 as provided
in
Section 3-85 
of the Use Tax Act, may be used by that retailer to
satisfy 
Retailers' Occupation Tax liability in the amount claimed in

the certification, not to exceed 6.25% of the receipts
subject 
to tax from a qualifying purchase. A Manufacturer's Purchase 
Credit
reported on any original or amended return
filed under

this Act after October 20, 2003 for reporting periods prior to 
September 1, 2004 shall be disallowed. Manufacturer's Purchase 
Purchaser Credit reported on annual returns due on or after 
January 1, 2005 will be disallowed for periods prior to 
September 1, 2004. No Manufacturer's
Purchase Credit may be 
used after September 30, 2003 through August 31, 2004 to

satisfy any
tax liability imposed under this Act, including 
any audit liability.
 The Department may require returns to be filed on a 
quarterly basis.
If so required, a return for each calendar 
quarter shall be filed on or
before the twentieth day of the 
calendar month following the end of such
calendar quarter. The 
taxpayer shall also file a return with the
Department for each 
of the first two months of each calendar quarter, on or
before 
the twentieth day of the following calendar month, stating:
  1. The name of the seller;
  2. The address of the principal place of business from 
 which he engages
in the business of selling tangible 
 personal property at retail in this State;
  3. The total amount of taxable receipts received by 
 him during the
preceding calendar month from sales of 
 tangible personal property by him
during such preceding 
 calendar month, including receipts from charge and
time 
 sales, but less all deductions allowed by law;
  4. The amount of credit provided in Section 2d of this 
 Act;
  5. The amount of tax due; and
  6. Such other reasonable information as the Department 
 may
require.
 Every person engaged in the business of selling aviation 
fuel at retail in this State during the preceding calendar 
month shall, instead of reporting and paying tax as otherwise 
required by this Section, report and pay such tax on a separate 
aviation fuel tax return. The requirements related to the 
return shall be as otherwise provided in this Section. 
Notwithstanding any other provisions of this Act to the 
contrary, retailers selling aviation fuel shall file all 
aviation fuel tax returns and shall make all aviation fuel tax 
payments by electronic means in the manner and form required 
by the Department. For purposes of this Section, "aviation 
fuel" means jet fuel and aviation gasoline. 
 Beginning on October 1, 2003, any person who is not a 
licensed
distributor, importing distributor, or manufacturer, 
as defined in the Liquor
Control Act of 1934, but is engaged in 
the business of
selling, at retail, alcoholic liquor
shall 
file a statement with the Department of Revenue, in a format

and at a time prescribed by the Department, showing the total 
amount paid for
alcoholic liquor purchased during the 
preceding month and such other
information as is reasonably 
required by the Department.
The Department may adopt rules to 
require
that this statement be filed in an electronic or 
telephonic format. Such rules
may provide for exceptions from 
the filing requirements of this paragraph. For
the
purposes of 
this
paragraph, the term "alcoholic liquor" shall have the 
meaning prescribed in the
Liquor Control Act of 1934.
 Beginning on October 1, 2003, every distributor, importing 
distributor, and
manufacturer of alcoholic liquor as defined 
in the Liquor Control Act of 1934,
shall file a
statement with 
the Department of Revenue, no later than the 10th day of the

month for the
preceding month during which transactions 
occurred, by electronic means,
showing the
total amount of 
gross receipts from the sale of alcoholic liquor sold or

distributed during
the preceding month to purchasers; 
identifying the purchaser to whom it was
sold or
distributed; 
the purchaser's tax registration number; and such other

information
reasonably required by the Department. A 
distributor, importing distributor, or manufacturer of 
alcoholic liquor must personally deliver, mail, or provide by 
electronic means to each retailer listed on the monthly 
statement a report containing a cumulative total of that 
distributor's, importing distributor's, or manufacturer's 
total sales of alcoholic liquor to that retailer no later than 
the 10th day of the month for the preceding month during which 
the transaction occurred. The distributor, importing 
distributor, or manufacturer shall notify the retailer as to 
the method by which the distributor, importing distributor, or 
manufacturer will provide the sales information. If the 
retailer is unable to receive the sales information by 
electronic means, the distributor, importing distributor, or 
manufacturer shall furnish the sales information by personal 
delivery or by mail. For purposes of this paragraph, the term 
"electronic means" includes, but is not limited to, the use of 
a secure Internet website, e-mail, or facsimile.
 If a total amount of less than $1 is payable, refundable or 
creditable,
such amount shall be disregarded if it is less 
than 50 cents and shall be
increased to $1 if it is 50 cents or 
more.
 Notwithstanding any other provision of this Act to the 
contrary, retailers subject to tax on cannabis shall file all 
cannabis tax returns and shall make all cannabis tax payments 
by electronic means in the manner and form required by the 
Department.
 Beginning October 1, 1993,
a taxpayer who has an average 
monthly tax liability of $150,000 or more shall
make all 
payments required by rules of the
Department by electronic 
funds transfer. Beginning October 1, 1994, a taxpayer
who has 
an average monthly tax liability of $100,000 or more shall 
make all
payments required by rules of the Department by 
electronic funds transfer.
Beginning October 1, 1995, a 
taxpayer who has an average monthly tax liability
of $50,000 
or more shall make all
payments required by rules of the 
Department by electronic funds transfer.
Beginning October 1, 
2000, a taxpayer who has an annual tax liability of
$200,000 or 
more shall make all payments required by rules of the 
Department by
electronic funds transfer. The term "annual tax 
liability" shall be the sum of
the taxpayer's liabilities 
under this Act, and under all other State and local
occupation 
and use tax laws administered by the Department, for the 
immediately
preceding calendar year.
The term "average monthly 
tax liability" shall be the sum of the
taxpayer's liabilities 
under this
Act, and under all other State and local occupation 
and use tax
laws administered by the Department, for the 
immediately preceding calendar
year divided by 12.
Beginning 
on October 1, 2002, a taxpayer who has a tax liability in the

amount set forth in subsection (b) of Section 2505-210 of the 
Department of
Revenue Law shall make all payments required by 
rules of the Department by
electronic funds transfer.
 Before August 1 of each year beginning in 1993, the 
Department shall
notify all taxpayers required to make 
payments by electronic funds
transfer. All taxpayers
required 
to make payments by electronic funds transfer shall make those

payments for
a minimum of one year beginning on October 1.
 Any taxpayer not required to make payments by electronic 
funds transfer may
make payments by electronic funds transfer 
with
the permission of the Department.
 All taxpayers required to make payment by electronic funds 
transfer and
any taxpayers authorized to voluntarily make 
payments by electronic funds
transfer shall make those 
payments in the manner authorized by the Department.
 The Department shall adopt such rules as are necessary to 
effectuate a
program of electronic funds transfer and the 
requirements of this Section.
 Any amount which is required to be shown or reported on any 
return or
other document under this Act shall, if such amount 
is not a whole-dollar
amount, be increased to the nearest 
whole-dollar amount in any case where
the fractional part of a 
dollar is 50 cents or more, and decreased to the
nearest 
whole-dollar amount where the fractional part of a dollar is 
less
than 50 cents.
 If the retailer is otherwise required to file a monthly 
return and if the
retailer's average monthly tax liability to 
the Department does not exceed
$200, the Department may 
authorize his returns to be filed on a quarter
annual basis, 
with the return for January, February and March of a given
year 
being due by April 20 of such year; with the return for April, 
May and
June of a given year being due by July 20 of such year; 
with the return for
July, August and September of a given year 
being due by October 20 of such
year, and with the return for 
October, November and December of a given
year being due by 
January 20 of the following year.
 If the retailer is otherwise required to file a monthly or 
quarterly
return and if the retailer's average monthly tax 
liability with the
Department does not exceed $50, the 
Department may authorize his returns to
be filed on an annual 
basis, with the return for a given year being due by
January 20 
of the following year.
 Such quarter annual and annual returns, as to form and 
substance,
shall be subject to the same requirements as 
monthly returns.
 Notwithstanding any other provision in this Act concerning 
the time
within which a retailer may file his return, in the 
case of any retailer
who ceases to engage in a kind of business 
which makes him responsible
for filing returns under this Act, 
such retailer shall file a final
return under this Act with the 
Department not more than one month after
discontinuing such 
business.
 Where the same person has more than one business 
registered with the
Department under separate registrations 
under this Act, such person may
not file each return that is 
due as a single return covering all such
registered 
businesses, but shall file separate returns for each such

registered business.
 In addition, with respect to motor vehicles, watercraft,

aircraft, and trailers that are required to be registered with 
an agency of
this State, except as otherwise provided in this 
Section, every
retailer selling this kind of tangible personal 
property shall file,
with the Department, upon a form to be 
prescribed and supplied by the
Department, a separate return 
for each such item of tangible personal
property which the 
retailer sells, except that if, in the same
transaction, (i) a 
retailer of aircraft, watercraft, motor vehicles or
trailers 
transfers more than one aircraft, watercraft, motor
vehicle or 
trailer to another aircraft, watercraft, motor vehicle

retailer or trailer retailer for the purpose of resale
or (ii) 
a retailer of aircraft, watercraft, motor vehicles, or 
trailers
transfers more than one aircraft, watercraft, motor 
vehicle, or trailer to a
purchaser for use as a qualifying 
rolling stock as provided in Section 2-5 of
this Act, then
that 
seller may report the transfer of all aircraft,
watercraft, 
motor vehicles or trailers involved in that transaction to the

Department on the same uniform invoice-transaction reporting 
return form. For
purposes of this Section, "watercraft" means 
a Class 2, Class 3, or Class 4
watercraft as defined in Section 
3-2 of the Boat Registration and Safety Act, a
personal 
watercraft, or any boat equipped with an inboard motor.
 In addition, with respect to motor vehicles, watercraft, 
aircraft, and trailers that are required to be registered with 
an agency of this State, every person who is engaged in the 
business of leasing or renting such items and who, in 
connection with such business, sells any such item to a 
retailer for the purpose of resale is, notwithstanding any 
other provision of this Section to the contrary, authorized to 
meet the return-filing requirement of this Act by reporting 
the transfer of all the aircraft, watercraft, motor vehicles, 
or trailers transferred for resale during a month to the 
Department on the same uniform invoice-transaction reporting 
return form on or before the 20th of the month following the 
month in which the transfer takes place. Notwithstanding any 
other provision of this Act to the contrary, all returns filed 
under this paragraph must be filed by electronic means in the 
manner and form as required by the Department. 
 Any retailer who sells only motor vehicles, watercraft,

aircraft, or trailers that are required to be registered with 
an agency of
this State, so that all
retailers' occupation tax 
liability is required to be reported, and is
reported, on such 
transaction reporting returns and who is not otherwise

required to file monthly or quarterly returns, need not file 
monthly or
quarterly returns. However, those retailers shall 
be required to
file returns on an annual basis.
 The transaction reporting return, in the case of motor 
vehicles
or trailers that are required to be registered with 
an agency of this
State, shall
be the same document as the 
Uniform Invoice referred to in Section 5-402
of the Illinois 
Vehicle Code and must show the name and address of the
seller; 
the name and address of the purchaser; the amount of the 
selling
price including the amount allowed by the retailer for 
traded-in
property, if any; the amount allowed by the retailer 
for the traded-in
tangible personal property, if any, to the 
extent to which Section 1 of
this Act allows an exemption for 
the value of traded-in property; the
balance payable after 
deducting such trade-in allowance from the total
selling 
price; the amount of tax due from the retailer with respect to

such transaction; the amount of tax collected from the 
purchaser by the
retailer on such transaction (or satisfactory 
evidence that such tax is
not due in that particular instance, 
if that is claimed to be the fact);
the place and date of the 
sale; a sufficient identification of the
property sold; such 
other information as is required in Section 5-402 of
the 
Illinois Vehicle Code, and such other information as the 
Department
may reasonably require.
 The transaction reporting return in the case of watercraft

or aircraft must show
the name and address of the seller; the 
name and address of the
purchaser; the amount of the selling 
price including the amount allowed
by the retailer for 
traded-in property, if any; the amount allowed by
the retailer 
for the traded-in tangible personal property, if any, to
the 
extent to which Section 1 of this Act allows an exemption for 
the
value of traded-in property; the balance payable after 
deducting such
trade-in allowance from the total selling 
price; the amount of tax due
from the retailer with respect to 
such transaction; the amount of tax
collected from the 
purchaser by the retailer on such transaction (or
satisfactory 
evidence that such tax is not due in that particular
instance, 
if that is claimed to be the fact); the place and date of the

sale, a sufficient identification of the property sold, and 
such other
information as the Department may reasonably 
require.
 Such transaction reporting return shall be filed not later 
than 20
days after the day of delivery of the item that is 
being sold, but may
be filed by the retailer at any time sooner 
than that if he chooses to
do so. The transaction reporting 
return and tax remittance or proof of
exemption from the 
Illinois use tax may be transmitted to the Department
by way of 
the State agency with which, or State officer with whom the

tangible personal property must be titled or registered (if 
titling or
registration is required) if the Department and 
such agency or State
officer determine that this procedure 
will expedite the processing of
applications for title or 
registration.
 With each such transaction reporting return, the retailer 
shall remit
the proper amount of tax due (or shall submit 
satisfactory evidence that
the sale is not taxable if that is 
the case), to the Department or its
agents, whereupon the 
Department shall issue, in the purchaser's name, a
use tax 
receipt (or a certificate of exemption if the Department is

satisfied that the particular sale is tax exempt) which such 
purchaser
may submit to the agency with which, or State 
officer with whom, he must
title or register the tangible 
personal property that is involved (if
titling or registration 
is required) in support of such purchaser's
application for an 
Illinois certificate or other evidence of title or

registration to such tangible personal property.
 No retailer's failure or refusal to remit tax under this 
Act
precludes a user, who has paid the proper tax to the 
retailer, from
obtaining his certificate of title or other 
evidence of title or
registration (if titling or registration 
is required) upon satisfying
the Department that such user has 
paid the proper tax (if tax is due) to
the retailer. The 
Department shall adopt appropriate rules to carry out
the 
mandate of this paragraph.
 If the user who would otherwise pay tax to the retailer 
wants the
transaction reporting return filed and the payment 
of the tax or proof
of exemption made to the Department before 
the retailer is willing to
take these actions and such user has 
not paid the tax to the retailer,
such user may certify to the 
fact of such delay by the retailer and may
(upon the Department 
being satisfied of the truth of such certification)
transmit 
the information required by the transaction reporting return

and the remittance for tax or proof of exemption directly to 
the
Department and obtain his tax receipt or exemption 
determination, in
which event the transaction reporting return 
and tax remittance (if a
tax payment was required) shall be 
credited by the Department to the
proper retailer's account 
with the Department, but without the 2.1% or 1.75%
discount 
provided for in this Section being allowed. When the user pays

the tax directly to the Department, he shall pay the tax in the 
same
amount and in the same form in which it would be remitted 
if the tax had
been remitted to the Department by the retailer.
 Refunds made by the seller during the preceding return 
period to
purchasers, on account of tangible personal property 
returned to the
seller, shall be allowed as a deduction under 
subdivision 5 of his monthly
or quarterly return, as the case 
may be, in case the
seller had theretofore included the 
receipts from the sale of such
tangible personal property in a 
return filed by him and had paid the tax
imposed by this Act 
with respect to such receipts.
 Where the seller is a corporation, the return filed on 
behalf of such
corporation shall be signed by the president, 
vice-president, secretary
or treasurer or by the properly 
accredited agent of such corporation.
 Where the seller is a limited liability company, the 
return filed on behalf
of the limited liability company shall 
be signed by a manager, member, or
properly accredited agent 
of the limited liability company.
 Except as provided in this Section, the retailer filing 
the return
under this Section shall, at the time of filing such 
return, pay to the
Department the amount of tax imposed by this 
Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% 
on and after January 1, 1990, or $5 per
calendar year, 
whichever is greater, which is allowed to
reimburse the 
retailer for the expenses incurred in keeping records,

preparing and filing returns, remitting the tax and supplying 
data to
the Department on request. On and after January 1, 
2021, a certified service provider, as defined in the Leveling 
the Playing Field for Illinois Retail Act, filing the return 
under this Section on behalf of a remote retailer shall, at the 
time of such return, pay to the Department the amount of tax 
imposed by this Act less a discount of 1.75%. A remote retailer 
using a certified service provider to file a return on its 
behalf, as provided in the Leveling the Playing Field for 
Illinois Retail Act, is not eligible for the discount. The 
discount under this Section is not allowed for the 1.25% 
portion of taxes paid on aviation fuel that is subject to the 
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 
47133. Any prepayment made pursuant to Section 2d
of this Act 
shall be included in the amount on which such
2.1% or 1.75% 
discount is computed. In the case of retailers who report
and 
pay the tax on a transaction by transaction basis, as provided 
in this
Section, such discount shall be taken with each such 
tax remittance
instead of when such retailer files his 
periodic return. The discount allowed under this Section is 
allowed only for returns that are filed in the manner required 
by this Act. The Department may disallow the discount for 
retailers whose certificate of registration is revoked at the 
time the return is filed, but only if the Department's 
decision to revoke the certificate of registration has become 
final. 
 Before October 1, 2000, if the taxpayer's average monthly 
tax liability
to the Department
under this Act, the Use Tax 
Act, the Service Occupation Tax
Act, and the Service Use Tax 
Act, excluding any liability for prepaid sales
tax to be 
remitted in accordance with Section 2d of this Act, was

$10,000
or more during the preceding 4 complete calendar 
quarters, he shall file a
return with the Department each 
month by the 20th day of the month next
following the month 
during which such tax liability is incurred and shall
make 
payments to the Department on or before the 7th, 15th, 22nd and 
last
day of the month during which such liability is incurred.

On and after October 1, 2000, if the taxpayer's average 
monthly tax liability
to the Department under this Act, the 
Use Tax Act, the Service Occupation Tax
Act, and the Service 
Use Tax Act, excluding any liability for prepaid sales tax
to 
be remitted in accordance with Section 2d of this Act, was 
$20,000 or more
during the preceding 4 complete calendar 
quarters, he shall file a return with
the Department each 
month by the 20th day of the month next following the month

during which such tax liability is incurred and shall make 
payment to the
Department on or before the 7th, 15th, 22nd and 
last day of the month during
which such liability is incurred.

If the month
during which such tax liability is incurred began 
prior to January 1, 1985,
each payment shall be in an amount 
equal to 1/4 of the taxpayer's actual
liability for the month 
or an amount set by the Department not to exceed
1/4 of the 
average monthly liability of the taxpayer to the Department 
for
the preceding 4 complete calendar quarters (excluding the 
month of highest
liability and the month of lowest liability 
in such 4 quarter period). If
the month during which such tax 
liability is incurred begins on or after
January 1, 1985 and 
prior to January 1, 1987, each payment shall be in an
amount 
equal to 22.5% of the taxpayer's actual liability for the 
month or
27.5% of the taxpayer's liability for the same 
calendar
month of the preceding year. If the month during 
which such tax
liability is incurred begins on or after 
January 1, 1987 and prior to
January 1, 1988, each payment 
shall be in an amount equal to 22.5% of the
taxpayer's actual 
liability for the month or 26.25% of the taxpayer's
liability 
for the same calendar month of the preceding year. If the month

during which such tax liability is incurred begins on or after 
January 1,
1988, and prior to January 1, 1989, or begins on or 
after January 1, 1996, each
payment shall be in an amount
equal 
to 22.5% of the taxpayer's actual liability for the month or 
25% of
the taxpayer's liability for the same calendar month of 
the preceding year. If
the month during which such tax 
liability is incurred begins on or after
January 1, 1989, and 
prior to January 1, 1996, each payment shall be in an
amount 
equal to 22.5% of the
taxpayer's actual liability for the 
month or 25% of the taxpayer's
liability for the same calendar 
month of the preceding year or 100% of the
taxpayer's actual 
liability for the quarter monthly reporting period. The
amount 
of such quarter monthly payments shall be credited against
the 
final tax liability of the taxpayer's return for that month. 
Before
October 1, 2000, once
applicable, the requirement of 
the making of quarter monthly payments to
the Department by 
taxpayers having an average monthly tax liability of
$10,000 
or more as determined in the manner provided above
shall 
continue
until such taxpayer's average monthly liability to 
the Department during
the preceding 4 complete calendar 
quarters (excluding the month of highest
liability and the 
month of lowest liability) is less than
$9,000, or until
such 
taxpayer's average monthly liability to the Department as 
computed for
each calendar quarter of the 4 preceding complete 
calendar quarter period
is less than $10,000. However, if a 
taxpayer can show the
Department that
a substantial change in 
the taxpayer's business has occurred which causes
the taxpayer 
to anticipate that his average monthly tax liability for the

reasonably foreseeable future will fall below the $10,000 
threshold
stated above, then
such taxpayer
may petition the 
Department for a change in such taxpayer's reporting
status. 
On and after October 1, 2000, once applicable, the requirement 
of
the making of quarter monthly payments to the Department by 
taxpayers having an
average monthly tax liability of $20,000 
or more as determined in the manner
provided above shall 
continue until such taxpayer's average monthly liability
to 
the Department during the preceding 4 complete calendar 
quarters (excluding
the month of highest liability and the 
month of lowest liability) is less than
$19,000 or until such 
taxpayer's average monthly liability to the Department as

computed for each calendar quarter of the 4 preceding complete 
calendar quarter
period is less than $20,000. However, if a 
taxpayer can show the Department
that a substantial change in 
the taxpayer's business has occurred which causes
the taxpayer 
to anticipate that his average monthly tax liability for the

reasonably foreseeable future will fall below the $20,000 
threshold stated
above, then such taxpayer may petition the 
Department for a change in such
taxpayer's reporting status. 
The Department shall change such taxpayer's
reporting status

unless it finds that such change is seasonal in nature and not 
likely to be
long term. If any such quarter monthly payment is 
not paid at the time or
in the amount required by this Section, 
then the taxpayer shall be liable for
penalties and interest 
on the difference
between the minimum amount due as a payment 
and the amount of such quarter
monthly payment actually and 
timely paid, except insofar as the
taxpayer has previously 
made payments for that month to the Department in
excess of the 
minimum payments previously due as provided in this Section.

The Department shall make reasonable rules and regulations to 
govern the
quarter monthly payment amount and quarter monthly 
payment dates for
taxpayers who file on other than a calendar 
monthly basis.
 The provisions of this paragraph apply before October 1, 
2001.
Without regard to whether a taxpayer is required to make 
quarter monthly
payments as specified above, any taxpayer who 
is required by Section 2d
of this Act to collect and remit 
prepaid taxes and has collected prepaid
taxes which average in 
excess of $25,000 per month during the preceding
2 complete 
calendar quarters, shall file a return with the Department as

required by Section 2f and shall make payments to the 
Department on or before
the 7th, 15th, 22nd and last day of the 
month during which such liability
is incurred. If the month 
during which such tax liability is incurred
began prior to 
September 1, 1985 (the effective date of Public Act 84-221), 
each
payment shall be in an amount not less than 22.5% of the 
taxpayer's actual
liability under Section 2d. If the month 
during which such tax liability
is incurred begins on or after 
January 1, 1986, each payment shall be in an
amount equal to 
22.5% of the taxpayer's actual liability for the month or

27.5% of the taxpayer's liability for the same calendar month 
of the
preceding calendar year. If the month during which such 
tax liability is
incurred begins on or after January 1, 1987, 
each payment shall be in an
amount equal to 22.5% of the 
taxpayer's actual liability for the month or
26.25% of the 
taxpayer's liability for the same calendar month of the

preceding year. The amount of such quarter monthly payments 
shall be
credited against the final tax liability of the 
taxpayer's return for that
month filed under this Section or 
Section 2f, as the case may be. Once
applicable, the 
requirement of the making of quarter monthly payments to
the 
Department pursuant to this paragraph shall continue until 
such
taxpayer's average monthly prepaid tax collections during 
the preceding 2
complete calendar quarters is $25,000 or less. 
If any such quarter monthly
payment is not paid at the time or 
in the amount required, the taxpayer
shall be liable for 
penalties and interest on such difference, except
insofar as 
the taxpayer has previously made payments for that month in

excess of the minimum payments previously due.
 The provisions of this paragraph apply on and after 
October 1, 2001.
Without regard to whether a taxpayer is 
required to make quarter monthly
payments as specified above, 
any taxpayer who is required by Section 2d of this
Act to 
collect and remit prepaid taxes and has collected prepaid 
taxes that
average in excess of $20,000 per month during the 
preceding 4 complete calendar
quarters shall file a return 
with the Department as required by Section 2f
and shall make 
payments to the Department on or before the 7th, 15th, 22nd and

last day of the month during which the liability is incurred. 
Each payment
shall be in an amount equal to 22.5% of the 
taxpayer's actual liability for the
month or 25% of the 
taxpayer's liability for the same calendar month of the

preceding year. The amount of the quarter monthly payments 
shall be credited
against the final tax liability of the 
taxpayer's return for that month filed
under this Section or 
Section 2f, as the case may be. Once applicable, the

requirement of the making of quarter monthly payments to the 
Department
pursuant to this paragraph shall continue until the 
taxpayer's average monthly
prepaid tax collections during the 
preceding 4 complete calendar quarters
(excluding the month of 
highest liability and the month of lowest liability) is
less 
than $19,000 or until such taxpayer's average monthly 
liability to the
Department as computed for each calendar 
quarter of the 4 preceding complete
calendar quarters is less 
than $20,000. If any such quarter monthly payment is
not paid 
at the time or in the amount required, the taxpayer shall be 
liable
for penalties and interest on such difference, except 
insofar as the taxpayer
has previously made payments for that 
month in excess of the minimum payments
previously due.
 If any payment provided for in this Section exceeds
the 
taxpayer's liabilities under this Act, the Use Tax Act, the 
Service
Occupation Tax Act and the Service Use Tax Act, as 
shown on an original
monthly return, the Department shall, if 
requested by the taxpayer, issue to
the taxpayer a credit 
memorandum no later than 30 days after the date of
payment. The 
credit evidenced by such credit memorandum may
be assigned by 
the taxpayer to a similar taxpayer under this Act, the
Use Tax 
Act, the Service Occupation Tax Act or the Service Use Tax Act, 
in
accordance with reasonable rules and regulations to be 
prescribed by the
Department. If no such request is made, the 
taxpayer may credit such excess
payment against tax liability 
subsequently to be remitted to the Department
under this Act, 
the Use Tax Act, the Service Occupation Tax Act or the
Service 
Use Tax Act, in accordance with reasonable rules and 
regulations
prescribed by the Department. If the Department 
subsequently determined
that all or any part of the credit 
taken was not actually due to the
taxpayer, the taxpayer's 
2.1% and 1.75% vendor's discount shall be reduced
by 2.1% or 
1.75% of the difference between the credit taken and that

actually due, and that taxpayer shall be liable for penalties 
and interest
on such difference.
 If a retailer of motor fuel is entitled to a credit under 
Section 2d of
this Act which exceeds the taxpayer's liability 
to the Department under
this Act for the month for which the 
taxpayer is filing a return, the
Department shall issue the 
taxpayer a credit memorandum for the excess.
 Beginning January 1, 1990, each month the Department shall 
pay into
the Local Government Tax Fund, a special fund in the 
State treasury which
is hereby created, the net revenue 
realized for the preceding month from
the 1% tax imposed under 
this Act.
 Beginning January 1, 1990, each month the Department shall 
pay into
the County and Mass Transit District Fund, a special 
fund in the State
treasury which is hereby created, 4% of the 
net revenue realized
for the preceding month from the 6.25% 
general rate other than aviation fuel sold on or after 
December 1, 2019. This exception for aviation fuel only 
applies for so long as the revenue use requirements of 49 
U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
 Beginning August 1, 2000, each
month the Department shall 
pay into the
County and Mass Transit District Fund 20% of the 
net revenue realized for the
preceding month from the 1.25% 
rate on the selling price of motor fuel and
gasohol. Beginning 
September 1, 2010, each month the Department shall pay into 
the County and Mass Transit District Fund 20% of the net 
revenue realized for the preceding month from the 1.25% rate 
on the selling price of sales tax holiday items.
 Beginning January 1, 1990, each month the Department shall 
pay into
the Local Government Tax Fund 16% of the net revenue 
realized for the
preceding month from the 6.25% general rate 
on the selling price of
tangible personal property other than 
aviation fuel sold on or after December 1, 2019. This 
exception for aviation fuel only applies for so long as the 
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 
47133 are binding on the State.
 For aviation fuel sold on or after December 1, 2019, each 
month the Department shall pay into the State Aviation Program 
Fund 20% of the net revenue realized for the preceding month 
from the 6.25% general rate on the selling price of aviation 
fuel, less an amount estimated by the Department to be 
required for refunds of the 20% portion of the tax on aviation 
fuel under this Act, which amount shall be deposited into the 
Aviation Fuel Sales Tax Refund Fund. The Department shall only 
pay moneys into the State Aviation Program Fund and the 
Aviation Fuel Sales Tax Refund Fund under this Act for so long 
as the revenue use requirements of 49 U.S.C. 47107(b) and 49 
U.S.C. 47133 are binding on the State. 
 Beginning August 1, 2000, each
month the Department shall 
pay into the
Local Government Tax Fund 80% of the net revenue 
realized for the preceding
month from the 1.25% rate on the 
selling price of motor fuel and gasohol. Beginning September 
1, 2010, each month the Department shall pay into the Local 
Government Tax Fund 80% of the net revenue realized for the 
preceding month from the 1.25% rate on the selling price of 
sales tax holiday items.
 Beginning October 1, 2009, each month the Department shall 
pay into the Capital Projects Fund an amount that is equal to 
an amount estimated by the Department to represent 80% of the 
net revenue realized for the preceding month from the sale of 
candy, grooming and hygiene products, and soft drinks that had 
been taxed at a rate of 1% prior to September 1, 2009 but that 
are now taxed at 6.25%. 
 Beginning July 1, 2011, each
month the Department shall 
pay into the Clean Air Act Permit Fund 80% of the net revenue 
realized for the
preceding month from the 6.25% general rate 
on the selling price of sorbents used in Illinois in the 
process of sorbent injection as used to comply with the 
Environmental Protection Act or the federal Clean Air Act, but 
the total payment into the Clean Air Act Permit Fund under this 
Act and the Use Tax Act shall not exceed $2,000,000 in any 
fiscal year. 
 Beginning July 1, 2013, each month the Department shall 
pay into the Underground Storage Tank Fund from the proceeds 
collected under this Act, the Use Tax Act, the Service Use Tax 
Act, and the Service Occupation Tax Act an amount equal to the 
average monthly deficit in the Underground Storage Tank Fund 
during the prior year, as certified annually by the Illinois 
Environmental Protection Agency, but the total payment into 
the Underground Storage Tank Fund under this Act, the Use Tax 
Act, the Service Use Tax Act, and the Service Occupation Tax 
Act shall not exceed $18,000,000 in any State fiscal year. As 
used in this paragraph, the "average monthly deficit" shall be 
equal to the difference between the average monthly claims for 
payment by the fund and the average monthly revenues deposited 
into the fund, excluding payments made pursuant to this 
paragraph. 
 Beginning July 1, 2015, of the remainder of the moneys 
received by the Department under the Use Tax Act, the Service 
Use Tax Act, the Service Occupation Tax Act, and this Act, each 
month the Department shall deposit $500,000 into the State 
Crime Laboratory Fund. 
 Of the remainder of the moneys received by the Department 
pursuant
to this Act, (a) 1.75% thereof shall be paid into the 
Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on 
and after July 1, 1989,
3.8% thereof shall be paid into the 
Build Illinois Fund; provided, however,
that if in any fiscal 
year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case 
may be, of the moneys received by the Department and required 
to
be paid into the Build Illinois Fund pursuant to this Act, 
Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax 
Act, and Section 9 of the
Service Occupation Tax Act, such Acts 
being hereinafter called the "Tax
Acts" and such aggregate of 
2.2% or 3.8%, as the case may be, of moneys
being hereinafter 
called the "Tax Act Amount", and (2) the amount
transferred to 
the Build Illinois Fund from the State and Local Sales Tax

Reform Fund shall be less than the Annual Specified Amount (as 
hereinafter
defined), an amount equal to the difference shall 
be immediately paid into
the Build Illinois Fund from other 
moneys received by the Department
pursuant to the Tax Acts; 
the "Annual Specified Amount" means the amounts
specified 
below for fiscal years 1986 through 1993:
Fiscal YearAnnual Specified Amount
1986$54,800,000
1987$76,650,000
1988$80,480,000
1989$88,510,000
1990$115,330,000
1991$145,470,000
1992$182,730,000
1993$206,520,000;
and means the Certified Annual Debt Service Requirement (as 
defined in
Section 13 of the Build Illinois Bond Act) or the 
Tax Act Amount, whichever
is greater, for fiscal year 1994 and 
each fiscal year thereafter; and
further provided, that if on 
the last business day of any month the sum of
(1) the Tax Act 
Amount required to be deposited into the Build Illinois
Bond 
Account in the Build Illinois Fund during such month and (2) 
the
amount transferred to the Build Illinois Fund from the 
State and Local
Sales Tax Reform Fund shall have been less than 
1/12 of the Annual
Specified Amount, an amount equal to the 
difference shall be immediately
paid into the Build Illinois 
Fund from other moneys received by the
Department pursuant to 
the Tax Acts; and, further provided, that in no
event shall the 
payments required under the preceding proviso result in

aggregate payments into the Build Illinois Fund pursuant to 
this clause (b)
for any fiscal year in excess of the greater of 
(i) the Tax Act Amount or
(ii) the Annual Specified Amount for 
such fiscal year. The amounts payable
into the Build Illinois 
Fund under clause (b) of the first sentence in this
paragraph 
shall be payable only until such time as the aggregate amount 
on
deposit under each trust indenture securing Bonds issued 
and outstanding
pursuant to the Build Illinois Bond Act is 
sufficient, taking into account
any future investment income, 
to fully provide, in accordance with such
indenture, for the 
defeasance of or the payment of the principal of,
premium, if 
any, and interest on the Bonds secured by such indenture and on

any Bonds expected to be issued thereafter and all fees and 
costs payable
with respect thereto, all as certified by the 
Director of the Bureau of the
Budget (now Governor's Office of 
Management and Budget). If on the last
business day of any 
month in which Bonds are
outstanding pursuant to the Build 
Illinois Bond Act, the aggregate of
moneys deposited in the 
Build Illinois Bond Account in the Build Illinois
Fund in such 
month shall be less than the amount required to be transferred

in such month from the Build Illinois Bond Account to the Build 
Illinois
Bond Retirement and Interest Fund pursuant to Section 
13 of the Build
Illinois Bond Act, an amount equal to such 
deficiency shall be immediately
paid from other moneys 
received by the Department pursuant to the Tax Acts
to the 
Build Illinois Fund; provided, however, that any amounts paid 
to the
Build Illinois Fund in any fiscal year pursuant to this 
sentence shall be
deemed to constitute payments pursuant to 
clause (b) of the first sentence
of this paragraph and shall 
reduce the amount otherwise payable for such
fiscal year 
pursuant to that clause (b). The moneys received by the

Department pursuant to this Act and required to be deposited 
into the Build
Illinois Fund are subject to the pledge, claim 
and charge set forth in
Section 12 of the Build Illinois Bond 
Act.
 Subject to payment of amounts into the Build Illinois Fund 
as provided in
the preceding paragraph or in any amendment 
thereto hereafter enacted, the
following specified monthly 
installment of the amount requested in the
certificate of the 
Chairman of the Metropolitan Pier and Exposition
Authority 
provided under Section 8.25f of the State Finance Act, but not 
in
excess of sums designated as "Total Deposit", shall be 
deposited in the
aggregate from collections under Section 9 of 
the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 
9 of the Service Occupation Tax Act, and
Section 3 of the 
Retailers' Occupation Tax Act into the McCormick Place

Expansion Project Fund in the specified fiscal years.
Fiscal YearTotal Deposit
1993         $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004103,000,000
2005108,000,000
2006113,000,000
2007119,000,000
2008126,000,000
2009132,000,000
2010139,000,000
2011146,000,000
2012153,000,000



2013161,000,000
2014170,000,000
2015179,000,000
2016189,000,000
2017199,000,000
2018210,000,000
2019221,000,000
2020233,000,000
2021300,000,000
2022300,000,000
2023300,000,000
2024 300,000,000
2025 300,000,000
2026 300,000,000
2027 375,000,000
2028 375,000,000
2029 375,000,000
2030 375,000,000
2031 375,000,000
2032 375,000,000
2033375,000,000
2034375,000,000
2035375,000,000
2036450,000,000
and 
each fiscal year






thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
 Beginning July 20, 1993 and in each month of each fiscal 
year thereafter,
one-eighth of the amount requested in the 
certificate of the Chairman of
the Metropolitan Pier and 
Exposition Authority for that fiscal year, less
the amount 
deposited into the McCormick Place Expansion Project Fund by 
the
State Treasurer in the respective month under subsection 
(g) of Section 13
of the Metropolitan Pier and Exposition 
Authority Act, plus cumulative
deficiencies in the deposits 
required under this Section for previous
months and years, 
shall be deposited into the McCormick Place Expansion
Project 
Fund, until the full amount requested for the fiscal year, but 
not
in excess of the amount specified above as "Total 
Deposit", has been deposited.
 Subject to payment of amounts into the Capital Projects 
Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, 
and the McCormick Place Expansion Project Fund pursuant to the 
preceding paragraphs or in any amendments thereto hereafter 
enacted, for aviation fuel sold on or after December 1, 2019, 
the Department shall each month deposit into the Aviation Fuel 
Sales Tax Refund Fund an amount estimated by the Department to 
be required for refunds of the 80% portion of the tax on 
aviation fuel under this Act. The Department shall only 
deposit moneys into the Aviation Fuel Sales Tax Refund Fund 
under this paragraph for so long as the revenue use 
requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are 
binding on the State. 
 Subject to payment of amounts into the Build Illinois Fund 
and the
McCormick Place Expansion Project Fund pursuant to the 
preceding paragraphs
or in any amendments
thereto hereafter 
enacted, beginning July 1, 1993 and ending on September 30, 
2013, the Department shall each
month pay into the Illinois 
Tax Increment Fund 0.27% of 80% of the net revenue
realized for 
the preceding month from the 6.25% general rate on the selling

price of tangible personal property.
 Subject to payment of amounts into the Build Illinois Fund 
and the
McCormick Place Expansion Project Fund pursuant to the 
preceding paragraphs or in any
amendments thereto hereafter 
enacted, beginning with the receipt of the first
report of 
taxes paid by an eligible business and continuing for a 
25-year
period, the Department shall each month pay into the 
Energy Infrastructure
Fund 80% of the net revenue realized 
from the 6.25% general rate on the
selling price of 
Illinois-mined coal that was sold to an eligible business.
For 
purposes of this paragraph, the term "eligible business" means 
a new
electric generating facility certified pursuant to 
Section 605-332 of the
Department of Commerce and Economic 
Opportunity
Law of the Civil Administrative Code of Illinois.
 Subject to payment of amounts into the Build Illinois 
Fund, the McCormick Place Expansion Project Fund, the Illinois 
Tax Increment Fund, and the Energy Infrastructure Fund 
pursuant to the preceding paragraphs or in any amendments to 
this Section hereafter enacted, beginning on the first day of 
the first calendar month to occur on or after August 26, 2014 
(the effective date of Public Act 98-1098), each month, from 
the collections made under Section 9 of the Use Tax Act, 
Section 9 of the Service Use Tax Act, Section 9 of the Service 
Occupation Tax Act, and Section 3 of the Retailers' Occupation 
Tax Act, the Department shall pay into the Tax Compliance and 
Administration Fund, to be used, subject to appropriation, to 
fund additional auditors and compliance personnel at the 
Department of Revenue, an amount equal to 1/12 of 5% of 80% of 
the cash receipts collected during the preceding fiscal year 
by the Audit Bureau of the Department under the Use Tax Act, 
the Service Use Tax Act, the Service Occupation Tax Act, the 
Retailers' Occupation Tax Act, and associated local occupation 
and use taxes administered by the Department. 
 Subject to payments of amounts into the Build Illinois 
Fund, the McCormick Place Expansion Project Fund, the Illinois 
Tax Increment Fund, the Energy Infrastructure Fund, and the 
Tax Compliance and Administration Fund as provided in this 
Section, beginning on July 1, 2018 the Department shall pay 
each month into the Downstate Public Transportation Fund the 
moneys required to be so paid under Section 2-3 of the 
Downstate Public Transportation Act.
 Subject to successful execution and delivery of a 
public-private agreement between the public agency and private 
entity and completion of the civic build, beginning on July 1, 
2023, of the remainder of the moneys received by the 
Department under the Use Tax Act, the Service Use Tax Act, the 
Service Occupation Tax Act, and this Act, the Department shall 
deposit the following specified deposits in the aggregate from 
collections under the Use Tax Act, the Service Use Tax Act, the 
Service Occupation Tax Act, and the Retailers' Occupation Tax 
Act, as required under Section 8.25g of the State Finance Act 
for distribution consistent with the Public-Private 
Partnership for Civic and Transit Infrastructure Project Act. 
The moneys received by the Department pursuant to this Act and 
required to be deposited into the Civic and Transit 
Infrastructure Fund are subject to the pledge, claim and 
charge set forth in Section 25-55 of the Public-Private 
Partnership for Civic and Transit Infrastructure Project Act. 
As used in this paragraph, "civic build", "private entity", 
"public-private agreement", and "public agency" have the 
meanings provided in Section 25-10 of the Public-Private 
Partnership for Civic and Transit Infrastructure Project Act. 
  Fiscal Year.............................Total Deposit
  2024.....................................$200,000,000
  2025....................................$206,000,000 
  2026....................................$212,200,000 
  2027....................................$218,500,000 
  2028....................................$225,100,000 
  2029....................................$288,700,000 
  2030....................................$298,900,000 
  2031....................................$309,300,000 
  2032....................................$320,100,000 
  2033....................................$331,200,000 
  2034....................................$341,200,000 
  2035....................................$351,400,000 
  2036....................................$361,900,000 
  2037....................................$372,800,000 
  2038....................................$384,000,000 
  2039....................................$395,500,000 
  2040....................................$407,400,000 
  2041....................................$419,600,000 
  2042....................................$432,200,000 
  2043....................................$445,100,000 
 Beginning July 1, 2021 and until July 1, 2022, subject to 
the payment of amounts into the County and Mass Transit 
District Fund, the Local Government Tax Fund, the Build 
Illinois Fund, the McCormick Place Expansion Project Fund, the 
Illinois Tax Increment Fund, the Energy Infrastructure Fund, 
and the Tax Compliance and Administration Fund as provided in 
this Section, the Department shall pay each month into the 
Road Fund the amount estimated to represent 16% of the net 
revenue realized from the taxes imposed on motor fuel and 
gasohol. Beginning July 1, 2022 and until July 1, 2023, 
subject to the payment of amounts into the County and Mass 
Transit District Fund, the Local Government Tax Fund, the 
Build Illinois Fund, the McCormick Place Expansion Project 
Fund, the Illinois Tax Increment Fund, the Energy 
Infrastructure Fund, and the Tax Compliance and Administration 
Fund as provided in this Section, the Department shall pay 
each month into the Road Fund the amount estimated to 
represent 32% of the net revenue realized from the taxes 
imposed on motor fuel and gasohol. Beginning July 1, 2023 and 
until July 1, 2024, subject to the payment of amounts into the 
County and Mass Transit District Fund, the Local Government 
Tax Fund, the Build Illinois Fund, the McCormick Place 
Expansion Project Fund, the Illinois Tax Increment Fund, the 
Energy Infrastructure Fund, and the Tax Compliance and 
Administration Fund as provided in this Section, the 
Department shall pay each month into the Road Fund the amount 
estimated to represent 48% of the net revenue realized from 
the taxes imposed on motor fuel and gasohol. Beginning July 1, 
2024 and until July 1, 2025, subject to the payment of amounts 
into the County and Mass Transit District Fund, the Local 
Government Tax Fund, the Build Illinois Fund, the McCormick 
Place Expansion Project Fund, the Illinois Tax Increment Fund, 
the Energy Infrastructure Fund, and the Tax Compliance and 
Administration Fund as provided in this Section, the 
Department shall pay each month into the Road Fund the amount 
estimated to represent 64% of the net revenue realized from 
the taxes imposed on motor fuel and gasohol. Beginning on July 
1, 2025, subject to the payment of amounts into the County and 
Mass Transit District Fund, the Local Government Tax Fund, the 
Build Illinois Fund, the McCormick Place Expansion Project 
Fund, the Illinois Tax Increment Fund, the Energy 
Infrastructure Fund, and the Tax Compliance and Administration 
Fund as provided in this Section, the Department shall pay 
each month into the Road Fund the amount estimated to 
represent 80% of the net revenue realized from the taxes 
imposed on motor fuel and gasohol. As used in this paragraph 
"motor fuel" has the meaning given to that term in Section 1.1 
of the Motor Fuel Tax Act, and "gasohol" has the meaning given 
to that term in Section 3-40 of the Use Tax Act.
 Of the remainder of the moneys received by the Department 
pursuant to
this Act, 75% thereof shall be paid into the State 
Treasury and 25% shall
be reserved in a special account and 
used only for the transfer to the
Common School Fund as part of 
the monthly transfer from the General Revenue
Fund in 
accordance with Section 8a of the State Finance Act.
 The Department may, upon separate written notice to a 
taxpayer,
require the taxpayer to prepare and file with the 
Department on a form
prescribed by the Department within not 
less than 60 days after receipt
of the notice an annual 
information return for the tax year specified in
the notice. 
Such annual return to the Department shall include a
statement 
of gross receipts as shown by the retailer's last Federal 
income
tax return. If the total receipts of the business as 
reported in the
Federal income tax return do not agree with the 
gross receipts reported to
the Department of Revenue for the 
same period, the retailer shall attach
to his annual return a 
schedule showing a reconciliation of the 2
amounts and the 
reasons for the difference. The retailer's annual
return to 
the Department shall also disclose the cost of goods sold by

the retailer during the year covered by such return, opening 
and closing
inventories of such goods for such year, costs of 
goods used from stock
or taken from stock and given away by the 
retailer during such year,
payroll information of the 
retailer's business during such year and any
additional 
reasonable information which the Department deems would be

helpful in determining the accuracy of the monthly, quarterly 
or annual
returns filed by such retailer as provided for in 
this Section.
 If the annual information return required by this Section 
is not
filed when and as required, the taxpayer shall be liable 
as follows:
  (i) Until January 1, 1994, the taxpayer shall be 
 liable
for a penalty equal to 1/6 of 1% of the tax due from 
 such taxpayer under
this Act during the period to be 
 covered by the annual return for each
month or fraction of 
 a month until such return is filed as required, the

 penalty to be assessed and collected in the same manner as 
 any other
penalty provided for in this Act.
  (ii) On and after January 1, 1994, the taxpayer shall 
 be
liable for a penalty as described in Section 3-4 of the 
 Uniform Penalty and
Interest Act.
 The chief executive officer, proprietor, owner or highest 
ranking
manager shall sign the annual return to certify the 
accuracy of the
information contained therein. Any person who 
willfully signs the
annual return containing false or 
inaccurate information shall be guilty
of perjury and punished 
accordingly. The annual return form prescribed
by the 
Department shall include a warning that the person signing the

return may be liable for perjury.
 The provisions of this Section concerning the filing of an 
annual
information return do not apply to a retailer who is not 
required to
file an income tax return with the United States 
Government.
 As soon as possible after the first day of each month, upon 
certification
of the Department of Revenue, the Comptroller 
shall order transferred and
the Treasurer shall transfer from 
the General Revenue Fund to the Motor
Fuel Tax Fund an amount 
equal to 1.7% of 80% of the net revenue realized
under this Act 
for the second preceding
month.
Beginning April 1, 2000, this 
transfer is no longer required
and shall not be made.
 Net revenue realized for a month shall be the revenue 
collected by the
State pursuant to this Act, less the amount 
paid out during that month as
refunds to taxpayers for 
overpayment of liability.
 For greater simplicity of administration, manufacturers, 
importers
and wholesalers whose products are sold at retail in 
Illinois by
numerous retailers, and who wish to do so, may 
assume the responsibility
for accounting and paying to the 
Department all tax accruing under this
Act with respect to 
such sales, if the retailers who are affected do not
make 
written objection to the Department to this arrangement.
 Any person who promotes, organizes, provides retail 
selling space for
concessionaires or other types of sellers at 
the Illinois State Fair, DuQuoin
State Fair, county fairs, 
local fairs, art shows, flea markets and similar
exhibitions 
or events, including any transient merchant as defined by 
Section 2
of the Transient Merchant Act of 1987, is required to 
file a report with the
Department providing the name of the 
merchant's business, the name of the
person or persons engaged 
in merchant's business, the permanent address and
Illinois 
Retailers Occupation Tax Registration Number of the merchant, 
the
dates and location of the event and other reasonable 
information that the
Department may require. The report must 
be filed not later than the 20th day
of the month next 
following the month during which the event with retail sales

was held. Any person who fails to file a report required by 
this Section
commits a business offense and is subject to a 
fine not to exceed $250.
 Any person engaged in the business of selling tangible 
personal
property at retail as a concessionaire or other type 
of seller at the
Illinois State Fair, county fairs, art shows, 
flea markets and similar
exhibitions or events, or any 
transient merchants, as defined by Section 2
of the Transient 
Merchant Act of 1987, may be required to make a daily report
of 
the amount of such sales to the Department and to make a daily 
payment of
the full amount of tax due. The Department shall 
impose this
requirement when it finds that there is a 
significant risk of loss of
revenue to the State at such an 
exhibition or event. Such a finding
shall be based on evidence 
that a substantial number of concessionaires
or other sellers 
who are not residents of Illinois will be engaging in
the 
business of selling tangible personal property at retail at 
the
exhibition or event, or other evidence of a significant 
risk of loss of revenue
to the State. The Department shall 
notify concessionaires and other sellers
affected by the 
imposition of this requirement. In the absence of
notification 
by the Department, the concessionaires and other sellers
shall 
file their returns as otherwise required in this Section.
(Source: P.A. 101-10, Article 15, Section 15-25, eff. 6-5-19; 
101-10, Article 25, Section 25-120, eff. 6-5-19; 101-27, eff. 
6-25-19; 101-32, eff. 6-28-19; 101-604, eff. 12-13-19; 
101-636, eff. 6-10-20; 102-634, eff. 8-27-21; revised 
12-7-21.)

 Section 260. The Property Tax Code is amended by changing 
Sections 18-185, 21-260, and 22-10 as follows:

 (35 ILCS 200/18-185)

 Sec. 18-185. Short title; definitions.  This Division 5 
may be cited as the
Property Tax Extension Limitation Law. As 
used in this Division 5:


 "Consumer Price Index" means the Consumer Price Index for 
All Urban
Consumers for all items published by the United 
States Department of Labor.


 "Extension limitation" means (a) the lesser of 5% or the 
percentage increase
in the Consumer Price Index during the 
12-month calendar year preceding the
levy year or (b) the rate 
of increase approved by voters under Section 18-205.


 "Affected county" means a county of 3,000,000 or more 
inhabitants or a
county contiguous to a county of 3,000,000 or 
more inhabitants.


 "Taxing district" has the same meaning provided in Section 
1-150, except as
otherwise provided in this Section. For the 
1991 through 1994 levy years only,
"taxing district" includes 
only each non-home rule taxing district having the
majority of 
its
1990 equalized assessed value within any county or 
counties contiguous to a
county with 3,000,000 or more 
inhabitants. Beginning with the 1995 levy
year, "taxing 
district" includes only each non-home rule taxing district

subject to this Law before the 1995 levy year and each non-home 
rule
taxing district not subject to this Law before the 1995 
levy year having the
majority of its 1994 equalized assessed 
value in an affected county or
counties. Beginning with the 
levy year in
which this Law becomes applicable to a taxing 
district as
provided in Section 18-213, "taxing district" also 
includes those taxing
districts made subject to this Law as 
provided in Section 18-213.


 "Aggregate extension" for taxing districts to which this 
Law applied before
the 1995 levy year means the annual 
corporate extension for the taxing
district and those special 
purpose extensions that are made annually for
the taxing 
district, excluding special purpose extensions: (a) made for 
the
taxing district to pay interest or principal on general 
obligation bonds
that were approved by referendum; (b) made 
for any taxing district to pay
interest or principal on 
general obligation bonds issued before October 1,
1991; (c) 
made for any taxing district to pay interest or principal on 
bonds
issued to refund or continue to refund those bonds 
issued before October 1,
1991; (d)
made for any taxing 
district to pay interest or principal on bonds
issued to 
refund or continue to refund bonds issued after October 1, 
1991 that
were approved by referendum; (e)
made for any taxing 
district to pay interest
or principal on revenue bonds issued 
before October 1, 1991 for payment of
which a property tax levy 
or the full faith and credit of the unit of local
government is 
pledged; however, a tax for the payment of interest or 
principal
on those bonds shall be made only after the 
governing body of the unit of local
government finds that all 
other sources for payment are insufficient to make
those 
payments; (f) made for payments under a building commission 
lease when
the lease payments are for the retirement of bonds 
issued by the commission
before October 1, 1991, to pay for the 
building project; (g) made for payments
due under installment 
contracts entered into before October 1, 1991;
(h) made for 
payments of principal and interest on bonds issued under the

Metropolitan Water Reclamation District Act to finance 
construction projects
initiated before October 1, 1991; (i) 
made for payments of principal and
interest on limited bonds, 
as defined in Section 3 of the Local Government Debt
Reform 
Act, in an amount not to exceed the debt service extension base 
less
the amount in items (b), (c), (e), and (h) of this 
definition for
non-referendum obligations, except obligations 
initially issued pursuant to
referendum; (j) made for payments 
of principal and interest on bonds
issued under Section 15 of 
the Local Government Debt Reform Act; (k)
made
by a school 
district that participates in the Special Education District 
of
Lake County, created by special education joint agreement 
under Section
10-22.31 of the School Code, for payment of the 
school district's share of the
amounts required to be 
contributed by the Special Education District of Lake
County 
to the Illinois Municipal Retirement Fund under Article 7 of 
the
Illinois Pension Code; the amount of any extension under 
this item (k) shall be
certified by the school district to the 
county clerk; (l) made to fund
expenses of providing joint 
recreational programs for persons with disabilities under

Section 5-8 of
the
Park District Code or Section 11-95-14 of 
the Illinois Municipal Code; (m) made for temporary relocation 
loan repayment purposes pursuant to Sections 2-3.77 and 
17-2.2d of the School Code; (n) made for payment of principal 
and interest on any bonds issued under the authority of 
Section 17-2.2d of the School Code; (o) made for contributions 
to a firefighter's pension fund created under Article 4 of the 
Illinois Pension Code, to the extent of the amount certified 
under item (5) of Section 4-134 of the Illinois Pension Code; 
and (p) made for road purposes in the first year after a 
township assumes the rights, powers, duties, assets, property, 
liabilities, obligations, and
responsibilities of a road 
district abolished under the provisions of Section 6-133 of 
the Illinois Highway Code.


 "Aggregate extension" for the taxing districts to which 
this Law did not
apply before the 1995 levy year (except taxing 
districts subject to this Law
in
accordance with Section 
18-213) means the annual corporate extension for the
taxing 
district and those special purpose extensions that are made 
annually for
the taxing district, excluding special purpose 
extensions: (a) made for the
taxing district to pay interest 
or principal on general obligation bonds that
were approved by 
referendum; (b) made for any taxing district to pay interest

or principal on general obligation bonds issued before March 
1, 1995; (c) made
for any taxing district to pay interest or 
principal on bonds issued to refund
or continue to refund 
those bonds issued before March 1, 1995; (d) made for any

taxing district to pay interest or principal on bonds issued 
to refund or
continue to refund bonds issued after March 1, 
1995 that were approved by
referendum; (e) made for any taxing 
district to pay interest or principal on
revenue bonds issued 
before March 1, 1995 for payment of which a property tax
levy 
or the full faith and credit of the unit of local government is 
pledged;
however, a tax for the payment of interest or 
principal on those bonds shall be
made only after the 
governing body of the unit of local government finds that
all 
other sources for payment are insufficient to make those 
payments; (f) made
for payments under a building commission 
lease when the lease payments are for
the retirement of bonds 
issued by the commission before March 1, 1995 to
pay for the 
building project; (g) made for payments due under installment

contracts entered into before March 1, 1995; (h) made for 
payments of
principal and interest on bonds issued under the 
Metropolitan Water Reclamation
District Act to finance 
construction projects initiated before October 1,
1991; (h-4) 
made for stormwater management purposes by the Metropolitan 
Water Reclamation District of Greater Chicago under Section 12 
of the Metropolitan Water Reclamation District Act; (i) made 
for payments of principal and interest on limited bonds,
as 
defined in Section 3 of the Local Government Debt Reform Act, 
in an amount
not to exceed the debt service extension base less 
the amount in items (b),
(c), and (e) of this definition for 
non-referendum obligations, except
obligations initially 
issued pursuant to referendum and bonds described in

subsection (h) of this definition; (j) made for payments of

principal and interest on bonds issued under Section 15 of the 
Local Government
Debt Reform Act; (k) made for payments of 
principal and interest on bonds
authorized by Public Act 
88-503 and issued under Section 20a of the Chicago
Park 
District Act for aquarium or
museum projects and bonds issued 
under Section 20a of the Chicago Park District Act for the 
purpose of making contributions to the pension fund 
established under Article 12 of the Illinois Pension Code; (l) 
made for payments of principal and interest on
bonds

authorized by Public Act 87-1191 or 93-601 and (i) issued 
pursuant to Section 21.2 of the Cook County Forest
Preserve 
District Act, (ii) issued under Section 42 of the Cook County

Forest Preserve District Act for zoological park projects, or 
(iii) issued
under Section 44.1 of the Cook County Forest 
Preserve District Act for
botanical gardens projects; (m) made

pursuant
to Section 34-53.5 of the School Code, whether levied 
annually or not;
(n) made to fund expenses of providing joint 
recreational programs for persons with disabilities under 
Section 5-8 of the Park
District Code or Section 11-95-14 of 
the Illinois Municipal Code;
(o) made by the
Chicago Park

District for recreational programs for persons with 
disabilities under subsection (c) of
Section
7.06 of the 
Chicago Park District Act; (p) made for contributions to a 
firefighter's pension fund created under Article 4 of the 
Illinois Pension Code, to the extent of the amount certified 
under item (5) of Section 4-134 of the Illinois Pension Code; 
(q) made by Ford Heights School District 169 under Section 
17-9.02 of the School Code; and (r) made for the purpose of 
making employer contributions to the Public School Teachers' 
Pension and Retirement Fund of Chicago under Section 34-53 of 
the School Code.


 "Aggregate extension" for all taxing districts to which 
this Law applies in
accordance with Section 18-213, except for 
those taxing districts subject to
paragraph (2) of subsection 
(e) of Section 18-213, means the annual corporate
extension 
for the
taxing district and those special purpose extensions 
that are made annually for
the taxing district, excluding 
special purpose extensions: (a) made for the
taxing district 
to pay interest or principal on general obligation bonds that

were approved by referendum; (b) made for any taxing district 
to pay interest
or principal on general obligation bonds 
issued before the date on which the
referendum making this
Law 
applicable to the taxing district is held; (c) made
for any 
taxing district to pay interest or principal on bonds issued 
to refund
or continue to refund those bonds issued before the 
date on which the
referendum making this Law
applicable to the 
taxing district is held;
(d) made for any
taxing district to 
pay interest or principal on bonds issued to refund or

continue to refund bonds issued after the date on which the 
referendum making
this Law
applicable to the taxing district 
is held if the bonds were approved by
referendum after the date 
on which the referendum making this Law
applicable to the 
taxing district is held; (e) made for any
taxing district to 
pay interest or principal on
revenue bonds issued before the 
date on which the referendum making this Law
applicable to the

taxing district is held for payment of which a property tax

levy or the full faith and credit of the unit of local 
government is pledged;
however, a tax for the payment of 
interest or principal on those bonds shall be
made only after 
the governing body of the unit of local government finds that

all other sources for payment are insufficient to make those 
payments; (f) made
for payments under a building commission 
lease when the lease payments are for
the retirement of bonds 
issued by the commission before the date on which the

referendum making this
Law applicable to the taxing district 
is held to
pay for the building project; (g) made for payments 
due under installment
contracts entered into before the date 
on which the referendum making this Law
applicable to
the 
taxing district is held;
(h) made for payments
of principal 
and interest on limited bonds,
as defined in Section 3 of the 
Local Government Debt Reform Act, in an amount
not to exceed 
the debt service extension base less the amount in items (b),

(c), and (e) of this definition for non-referendum 
obligations, except
obligations initially issued pursuant to 
referendum; (i) made for payments
of
principal and interest on 
bonds issued under Section 15 of the Local Government
Debt 
Reform Act;
(j)
made for a qualified airport authority to pay 
interest or principal on
general obligation bonds issued for 
the purpose of paying obligations due
under, or financing 
airport facilities required to be acquired, constructed,

installed or equipped pursuant to, contracts entered into 
before March
1, 1996 (but not including any amendments to such 
a contract taking effect on
or after that date); (k) made to 
fund expenses of providing joint
recreational programs for 
persons with disabilities under Section 5-8 of
the
Park 
District Code or Section 11-95-14 of the Illinois Municipal 
Code; (l) made for contributions to a firefighter's pension 
fund created under Article 4 of the Illinois Pension Code, to 
the extent of the amount certified under item (5) of Section 
4-134 of the Illinois Pension Code; and (m) made for the taxing 
district to pay interest or principal on general obligation 
bonds issued pursuant to Section 19-3.10 of the School Code.


 "Aggregate extension" for all taxing districts to which 
this Law applies in
accordance with paragraph (2) of 
subsection (e) of Section 18-213 means the
annual corporate 
extension for the
taxing district and those special purpose 
extensions that are made annually for
the taxing district, 
excluding special purpose extensions: (a) made for the
taxing 
district to pay interest or principal on general obligation 
bonds that
were approved by referendum; (b) made for any 
taxing district to pay interest
or principal on general 
obligation bonds issued before March 7, 1997 (the effective 
date of Public Act 89-718);
(c) made
for any taxing district to 
pay interest or principal on bonds issued to refund
or 
continue to refund those bonds issued before March 7, 1997 
(the effective date
of Public Act 89-718);
(d) made for any

taxing district to pay interest or principal on bonds issued 
to refund or
continue to refund bonds issued after March 7, 
1997 (the effective date of Public Act 89-718) if the bonds 
were approved by referendum after March 7, 1997 (the effective 
date of Public Act 89-718);
(e) made for any
taxing district to 
pay interest or principal on
revenue bonds issued before March 
7, 1997 (the effective date of Public Act 89-718)
for payment 
of which a property tax
levy or the full faith and credit of 
the unit of local government is pledged;
however, a tax for the 
payment of interest or principal on those bonds shall be
made 
only after the governing body of the unit of local government 
finds that
all other sources for payment are insufficient to 
make those payments; (f) made
for payments under a building 
commission lease when the lease payments are for
the 
retirement of bonds issued by the commission before March 7, 
1997 (the effective date
of Public Act 89-718)
to
pay for the 
building project; (g) made for payments due under installment

contracts entered into before March 7, 1997 (the effective 
date of Public Act 89-718);
(h) made for payments
of principal 
and interest on limited bonds,
as defined in Section 3 of the 
Local Government Debt Reform Act, in an amount
not to exceed 
the debt service extension base less the amount in items (b),

(c), and (e) of this definition for non-referendum 
obligations, except
obligations initially issued pursuant to 
referendum; (i) made for payments
of
principal and interest on 
bonds issued under Section 15 of the Local Government
Debt 
Reform Act;
(j)
made for a qualified airport authority to pay 
interest or principal on
general obligation bonds issued for 
the purpose of paying obligations due
under, or financing 
airport facilities required to be acquired, constructed,

installed or equipped pursuant to, contracts entered into 
before March
1, 1996 (but not including any amendments to such 
a contract taking effect on
or after that date); (k) made to 
fund expenses of providing joint
recreational programs for 
persons with disabilities under Section 5-8 of
the
Park 
District Code or Section 11-95-14 of the Illinois Municipal 
Code; and (l) made for contributions to a firefighter's 
pension fund created under Article 4 of the Illinois Pension 
Code, to the extent of the amount certified under item (5) of 
Section 4-134 of the Illinois Pension Code.


 "Debt service extension base" means an amount equal to 
that portion of the
extension for a taxing district for the 
1994 levy year, or for those taxing
districts subject to this 
Law in accordance with Section 18-213, except for
those 
subject to paragraph (2) of subsection (e) of Section 18-213, 
for the
levy
year in which the referendum making this Law 
applicable to the taxing district
is held, or for those taxing 
districts subject to this Law in accordance with
paragraph (2) 
of subsection (e) of Section 18-213 for the 1996 levy year,

constituting an
extension for payment of principal and 
interest on bonds issued by the taxing
district without 
referendum, but not including excluded non-referendum bonds. 
For park districts (i) that were first
subject to this Law in 
1991 or 1995 and (ii) whose extension for the 1994 levy
year 
for the payment of principal and interest on bonds issued by 
the park
district without referendum (but not including 
excluded non-referendum bonds)
was less than 51% of the amount 
for the 1991 levy year constituting an
extension for payment 
of principal and interest on bonds issued by the park
district 
without referendum (but not including excluded non-referendum 
bonds),
"debt service extension base" means an amount equal to 
that portion of the
extension for the 1991 levy year 
constituting an extension for payment of
principal and 
interest on bonds issued by the park district without 
referendum
(but not including excluded non-referendum bonds). 
A debt service extension base established or increased at any 
time pursuant to any provision of this Law, except Section 
18-212, shall be increased each year commencing with the later 
of (i) the 2009 levy year or (ii) the first levy year in which 
this Law becomes applicable to the taxing district, by the 
lesser of 5% or the percentage increase in the Consumer Price 
Index during the 12-month calendar year preceding the levy 
year. The debt service extension
base may be established or 
increased as provided under Section 18-212.
"Excluded 
non-referendum bonds" means (i) bonds authorized by Public
Act 
88-503 and issued under Section 20a of the Chicago Park 
District Act for
aquarium and museum projects; (ii) bonds 
issued under Section 15 of the
Local Government Debt Reform 
Act; or (iii) refunding obligations issued
to refund or to 
continue to refund obligations initially issued pursuant to

referendum.


 "Special purpose extensions" include, but are not limited 
to, extensions
for levies made on an annual basis for 
unemployment and workers'
compensation, self-insurance, 
contributions to pension plans, and extensions
made pursuant 
to Section 6-601 of the Illinois Highway Code for a road

district's permanent road fund whether levied annually or not. 
The
extension for a special service area is not included in the

aggregate extension.


 "Aggregate extension base" means the taxing district's 
last preceding
aggregate extension as adjusted under Sections 
18-135, 18-215,
18-230, 18-206, and 18-233.
An adjustment 
under Section 18-135 shall be made for the 2007 levy year and 
all subsequent levy years whenever one or more counties within 
which a taxing district is located (i) used estimated 
valuations or rates when extending taxes in the taxing 
district for the last preceding levy year that resulted in the 
over or under extension of taxes, or (ii) increased or 
decreased the tax extension for the last preceding levy year 
as required by Section 18-135(c). Whenever an adjustment is 
required under Section 18-135, the aggregate extension base of 
the taxing district shall be equal to the amount that the 
aggregate extension of the taxing district would have been for 
the last preceding levy year if either or both (i) actual, 
rather than estimated, valuations or rates had been used to 
calculate the extension of taxes for the last levy year, or 
(ii) the tax extension for the last preceding levy year had not 
been adjusted as required by subsection (c) of Section 18-135.

 Notwithstanding any other provision of law, for levy year 
2012, the aggregate extension base for West Northfield School 
District No. 31 in Cook County shall be $12,654,592. 
 Notwithstanding any other provision of law, for levy year 
2022, the aggregate extension base of a home equity assurance 
program that levied at least $1,000,000 in property taxes in 
levy year 2019 or 2020 under the Home Equity Assurance Act 
shall be the amount that the program's aggregate extension 
base for levy year 2021 would have been if the program had 
levied a property tax for levy year 2021. 
 "Levy year" has the same meaning as "year" under Section

1-155.


 "New property" means (i) the assessed value, after final 
board of review or
board of appeals action, of new 
improvements or additions to existing
improvements on any 
parcel of real property that increase the assessed value of

that real property during the levy year multiplied by the 
equalization factor
issued by the Department under Section 
17-30, (ii) the assessed value, after
final board of review or 
board of appeals action, of real property not exempt
from real 
estate taxation, which real property was exempt from real 
estate
taxation for any portion of the immediately preceding 
levy year, multiplied by
the equalization factor issued by the 
Department under Section 17-30, including the assessed value, 
upon final stabilization of occupancy after new construction 
is complete, of any real property located within the 
boundaries of an otherwise or previously exempt military 
reservation that is intended for residential use and owned by 
or leased to a private corporation or other entity,
(iii) in 
counties that classify in accordance with Section 4 of Article

IX of the
Illinois Constitution, an incentive property's 
additional assessed value
resulting from a
scheduled increase 
in the level of assessment as applied to the first year
final 
board of
review market value, and (iv) any increase in 
assessed value due to oil or gas production from an oil or gas 
well required to be permitted under the Hydraulic Fracturing 
Regulatory Act that was not produced in or accounted for 
during the previous levy year.
In addition, the county clerk 
in a county containing a population of
3,000,000 or more shall 
include in the 1997
recovered tax increment value for any 
school district, any recovered tax
increment value that was 
applicable to the 1995 tax year calculations.


 "Qualified airport authority" means an airport authority 
organized under
the Airport Authorities Act and located in a 
county bordering on the State of
Wisconsin and having a 
population in excess of 200,000 and not greater than
500,000.


 "Recovered tax increment value" means, except as otherwise 
provided in this
paragraph, the amount of the current year's 
equalized assessed value, in the
first year after a 
municipality terminates
the designation of an area as a 
redevelopment project area previously
established under the 
Tax Increment Allocation Redevelopment Act in the Illinois

Municipal Code, previously established under the Industrial 
Jobs Recovery Law
in the Illinois Municipal Code, previously 
established under the Economic Development Project Area Tax 
Increment Act of 1995, or previously established under the 
Economic
Development Area Tax Increment Allocation Act, of 
each taxable lot, block,
tract, or parcel of real property in 
the redevelopment project area over and
above the initial 
equalized assessed value of each property in the
redevelopment 
project area.
For the taxes which are extended for the 1997 
levy year, the recovered tax
increment value for a non-home 
rule taxing district that first became subject
to this Law for 
the 1995 levy year because a majority of its 1994 equalized

assessed value was in an affected county or counties shall be 
increased if a
municipality terminated the designation of an 
area in 1993 as a redevelopment
project area previously 
established under the Tax Increment Allocation Redevelopment

Act in the Illinois Municipal Code, previously established 
under
the Industrial Jobs Recovery Law in the Illinois 
Municipal Code, or previously
established under the Economic 
Development Area Tax Increment Allocation Act,
by an amount 
equal to the 1994 equalized assessed value of each taxable 
lot,
block, tract, or parcel of real property in the 
redevelopment project area over
and above the initial 
equalized assessed value of each property in the
redevelopment 
project area.
In the first year after a municipality
removes a 
taxable lot, block, tract, or parcel of real property from a

redevelopment project area established under the Tax Increment 
Allocation Redevelopment
Act in the Illinois
Municipal Code, 
the Industrial Jobs Recovery Law
in the Illinois Municipal 
Code, or the Economic
Development Area Tax Increment 
Allocation Act, "recovered tax increment value"
means the 
amount of the current year's equalized assessed value of each 
taxable
lot, block, tract, or parcel of real property removed 
from the redevelopment
project area over and above the initial 
equalized assessed value of that real
property before removal 
from the redevelopment project area.


 Except as otherwise provided in this Section, "limiting 
rate" means a
fraction the numerator of which is the last

preceding aggregate extension base times an amount equal to 
one plus the
extension limitation defined in this Section and 
the denominator of which
is the current year's equalized 
assessed value of all real property in the
territory under the 
jurisdiction of the taxing district during the prior
levy 
year. For those taxing districts that reduced their aggregate

extension for the last preceding levy year, except for school 
districts that reduced their extension for educational 
purposes pursuant to Section 18-206, the highest aggregate 
extension
in any of the last 3 preceding levy years shall be 
used for the purpose of
computing the limiting rate. The 
denominator shall not include new
property or the recovered 
tax increment
value.
If a new rate, a rate decrease, or a 
limiting rate increase has been approved at an election held 
after March 21, 2006, then (i) the otherwise applicable 
limiting rate shall be increased by the amount of the new rate 
or shall be reduced by the amount of the rate decrease, as the 
case may be, or (ii) in the case of a limiting rate increase, 
the limiting rate shall be equal to the rate set forth
in the 
proposition approved by the voters for each of the years 
specified in the proposition, after
which the limiting rate of 
the taxing district shall be calculated as otherwise provided. 
In the case of a taxing district that obtained referendum 
approval for an increased limiting rate on March 20, 2012, the 
limiting rate for tax year 2012 shall be the rate that 
generates the approximate total amount of taxes extendable for 
that tax year, as set forth in the proposition approved by the 
voters; this rate shall be the final rate applied by the county 
clerk for the aggregate of all capped funds of the district for 
tax year 2012.

(Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21; 
102-519, eff. 8-20-21; 102-558, eff. 8-20-21; revised 
10-5-21.)




 (35 ILCS 200/21-260)



 Sec. 21-260. Collector's scavenger sale. Upon the county 
collector's
application under Section 21-145, to be known as 
the Scavenger Sale
Application, the Court shall enter judgment 
for the general taxes, special
taxes, special assessments, 
interest, penalties and costs as are included in
the 
advertisement and appear to be due thereon after allowing an 
opportunity to
object and a hearing upon the objections as 
provided in Section 21-175, and
order those properties sold by 
the County Collector at public sale, or by electronic 
automated sale if the collector chooses to conduct an 
electronic automated sale pursuant to Section 21-261, to the

highest bidder for cash, notwithstanding the bid may be less 
than the full
amount of taxes, special taxes, special 
assessments, interest, penalties and
costs for which judgment 
has been entered.

 (a) Conducting the sale; bidding sale - Bidding. All 
properties shall be offered for
sale in consecutive order as 
they appear in the delinquent list. The minimum
bid for any 
property shall be $250 or one-half of the tax if the total

liability is less than $500. For in-person scavenger sales, 
the successful bidder shall pay the
amount of the minimum bid 
to the County Collector by the end of the business day on which 
the bid was placed. That amount shall be paid in cash, by 
certified or
cashier's check, by money order, or, if the

successful bidder is a governmental unit, by a check issued by 
that
governmental unit. For electronic automated scavenger 
sales, the successful bidder shall pay the minimum bid amount 
by the close of the business day on which the bid was placed. 
That amount shall be paid online via ACH debit or by the 
electronic payment method required by the county collector. 
For in-person scavenger sales, if the bid exceeds the minimum 
bid, the
successful bidder shall pay the balance of the bid to 
the county collector in
cash, by certified or cashier's check, 
by money order, or, if the
successful bidder is a governmental 
unit, by a check issued by that
governmental unit
by the close 
of the
next business day. For electronic automated scavenger 
sales, the successful bidder shall pay, by the close of the 
next business day, the balance of the bid online via ACH debit 
or by the electronic payment method required by the county 
collector. If the minimum bid is not paid at the time of sale 
or if
the balance is not paid by the close of the next business 
day, then the sale is
void and the minimum bid, if paid, is 
forfeited to the county general fund. In
that event, the 
property shall be reoffered for sale within 30 days of the last

offering of property in regular order. The collector shall 
make available to
the public a list of all properties to be 
included in any reoffering due to the
voiding of the original 
sale. The collector is not required to serve or
publish any 
other notice of the reoffering of those properties. In the 
event
that any of the properties are not sold upon reoffering, 
or are sold for less
than the amount of the original voided 
sale, the original bidder who failed to
pay the bid amount 
shall remain liable for the unpaid balance of the bid in an

action under Section 21-240. Liability shall not be reduced 
where the bidder
upon reoffering also fails to pay the bid 
amount, and in that event both
bidders shall remain liable for 
the unpaid balance of their respective bids. A
sale of 
properties under this Section shall not be final until 
confirmed by the
court.

 (b) Confirmation of sales. The county collector shall file 
his or her
report of sale in the court within 30 days of the 
date of sale of each
property. No notice of the county 
collector's application to confirm the sales
shall be required 
except as prescribed by rule of the court. Upon
confirmation, 
except in cases where the sale becomes void under Section 
22-85,
or in cases where the order of confirmation is vacated 
by the court, a sale
under this Section shall extinguish the in 
rem lien of the general taxes,
special taxes and special 
assessments for which judgment has been entered and a

redemption shall not revive the lien. Confirmation of the sale 
shall in no
event affect the owner's personal liability to pay 
the taxes, interest and
penalties as provided in this Code or 
prevent institution of a proceeding under
Section 21-440 to 
collect any amount that may remain
due after the sale.

 (c) Issuance of tax sale certificates. Upon confirmation 
of the sale, the
County Clerk and the County Collector shall 
issue to the purchaser a
certificate of purchase in the form 
prescribed by Section 21-250 as near as may
be. A certificate 
of purchase shall not be issued to any person who is
ineligible 
to bid at the sale or to receive a certificate of purchase 
under
Section 21-265.

 (d) Scavenger Tax Judgment, Sale and Redemption Record; 
sale Record - Sale of
parcels not sold. The county collector 
shall prepare a Scavenger Tax Judgment,
Sale and Redemption 
Record. The county clerk shall write or stamp on the
scavenger 
tax judgment, sale, forfeiture and redemption record opposite 
the
description of any property offered for sale and not sold, 
or not confirmed for
any reason, the words "offered but not 
sold". The properties which are offered
for sale under this 
Section and not sold or not confirmed shall be offered for
sale 
annually thereafter in the manner provided in this Section 
until sold,
except in the case of mineral rights, which after 
10 consecutive years of
being offered for sale under this 
Section and not sold or confirmed shall
no longer be required 
to be offered for sale. At
any time between annual sales the 
County Collector may advertise for sale any
properties subject 
to sale under judgments for sale previously entered under
this 
Section and not executed for any reason. The advertisement and 
sale shall
be regulated by the provisions of this Code as far 
as applicable.

 (e) Proceeding to tax deed. The owner of the certificate 
of purchase shall
give notice as required by Sections 22-5 
through 22-30, and may extend the
period of redemption as 
provided by Section 21-385. At any time within 6 months
prior 
to expiration of the period of redemption from a sale under 
this Code,
the owner of a certificate of purchase may file a 
petition and may obtain a tax
deed under Sections 22-30 
through 22-55. Within 30 days from filing of the petition, the 
owner of a certificate must file with the county clerk the 
names and addresses of the owners of the property and those 
persons entitled to service of notice at their last known 
addresses. The clerk shall mail notice within 30 days from the 
date of the filing of addresses with the clerk. All 
proceedings for the issuance of
a tax deed and all tax deeds 
for properties sold under this Section shall be
subject to 
Sections 22-30 through 22-55. Deeds issued under this Section 
are
subject to Section 22-70. This Section shall be liberally 
construed so that the deeds provided for in this Section 
convey merchantable title.

 (f) Redemptions from scavenger sales. Redemptions may be 
made from sales
under this Section in the same manner and upon 
the same terms and conditions as
redemptions from sales made 
under the County Collector's annual application for
judgment 
and order of sale, except that in lieu of penalty the person 
redeeming
shall pay interest as follows if the sale occurs 
before September 9, 1993:

  (1) If redeemed within the first 2 months from the 
 date of the sale, 3%
per month or portion thereof upon the 
 amount for which the property was sold;

  (2) If redeemed between 2 and 6 months from the date of 
 the sale, 12% of
the amount for which the property was 
 sold;

  (3) If redeemed between 6 and 12 months from the date 
 of the sale, 24%
of the amount for which the property was 
 sold;

  (4) If redeemed between 12 and 18 months from the date 
 of the sale, 36% of
the amount for which the property was 
 sold;

  (5) If redeemed between 18 and 24 months from the date 
 of the sale, 48%
of the amount for which the property was 
 sold;

  (6) If redeemed after 24 months from the date of sale, 
 the 48% herein
provided together with interest at 6% per 
 year thereafter.

 If the sale occurs on or after September 9,
1993, the 
person redeeming shall pay interest on that part of the amount 
for
which the property was sold equal to or less than the full 
amount of delinquent
taxes, special assessments, penalties, 
interest, and costs, included in the
judgment and order of 
sale as follows:

  (1) If redeemed within the first 2 months from the 
 date of the sale,
3% per month upon the amount of taxes, 
 special assessments, penalties,
interest, and costs due 
 for each of the first 2 months, or fraction thereof.

  (2) If redeemed at any time between 2 and 6 months from 
 the date of
the sale, 12% of the amount of taxes, special 
 assessments, penalties, interest,
and costs due.

  (3) If redeemed at any time between 6 and 12 months 
 from the date of the
sale, 24% of the amount of taxes, 
 special assessments, penalties, interest, and
costs due.

  (4) If redeemed at any time between 12 and 18 months 
 from the date
of the sale, 36% of the amount of taxes, 
 special assessments, penalties,
interest, and costs due.

  (5) If redeemed at any time between 18 and 24 months 
 from the date
of the sale, 48% of the amount of taxes, 
 special assessments, penalties,
interest, and costs due.

  (6) If redeemed after 24 months from the date of sale, 
 the 48%
provided for the 24 months together with interest 
 at 6% per annum thereafter on
the amount of taxes, special 
 assessments, penalties, interest, and costs due.

 The person redeeming shall not be required to pay any 
interest on any part
of the amount for which the property was 
sold that exceeds the full amount of
delinquent taxes, special 
assessments, penalties, interest, and costs included
in the 
judgment and order of sale.

 Notwithstanding any other provision of this Section, 
except for
owner-occupied single family residential units 
which are condominium units,
cooperative units or dwellings, 
the amount required to be paid for redemption
shall also 
include an amount equal to all delinquent taxes on the 
property
which taxes were delinquent at the time of sale. The 
delinquent taxes shall be
apportioned by the county collector 
among the taxing districts in which the
property is situated 
in accordance with law. In the event that all moneys
received 
from any sale held under this Section exceed an amount equal to 
all
delinquent taxes on the property sold, which taxes were 
delinquent at the time
of sale, together with all publication 
and other costs associated with the
sale, then, upon 
redemption, the County Collector and the County Clerk shall

apply the excess amount to the cost of redemption.

 (g) Bidding by county or other taxing districts. Any 
taxing district may
bid at a scavenger sale. The county board 
of the county in which properties
offered for sale under this 
Section are located may bid as trustee for all
taxing 
districts having an interest in the taxes for the nonpayment 
of which
the parcels are offered. The County shall apply on the 
bid the unpaid taxes due
upon the property and no cash need be 
paid. The County or other taxing district
acquiring a tax sale 
certificate shall take all steps necessary to acquire
title to 
the property and may manage and operate the property so 
acquired.

 When a county, or other taxing district within the county, 
is a petitioner
for a tax deed, no filing fee shall be required 
on the petition. The county as
a tax creditor and as trustee 
for other tax creditors, or other taxing district
within the 
county shall not be required to allege and prove that all taxes 
and
special assessments which become due and payable after the 
sale to the county
have been paid. The county shall not be 
required to pay the subsequently
accruing taxes or special 
assessments at any time. Upon the written request of
the 
county board or its designee, the county collector shall not 
offer the
property for sale at any tax sale subsequent to the 
sale of the property to the
county under this Section. The lien 
of taxes and special assessments which
become due and payable 
after a sale to a county shall merge in the fee title of
the 
county, or other taxing district, on the issuance of a deed. 
The County may
sell the properties so acquired, or the 
certificate of purchase thereto, and
the proceeds of the sale 
shall be distributed to the taxing districts in
proportion to 
their respective interests therein. The presiding officer of 
the
county board, with the advice and consent of the County 
Board, may appoint some
officer or person to attend scavenger 
sales and bid on its behalf.

 (h) Miscellaneous provisions. In the event that the tract 
of land or lot
sold at any such sale is not redeemed within the 
time permitted by law and a
tax deed is issued, all moneys that 
may be received from the sale of
properties in excess of the 
delinquent taxes, together with all publication
and other 
costs associated with the sale,
shall, upon petition of any 
interested party to the court that issued the tax
deed, be 
distributed by the County Collector pursuant to order of the 
court
among the persons having legal or equitable interests in 
the property according
to the fair value of their interests in 
the tract or lot. Section 21-415 does
not apply to properties 
sold under this Section.
Appeals may be taken from the orders 
and judgments entered under this Section
as in other civil 
cases. The remedy herein provided is in addition to other

remedies for the collection of delinquent taxes.
 (i) The changes to this Section made by Public Act 95-477 
this amendatory Act of
the 95th General Assembly apply only to 
matters in which a
petition for tax deed is filed on or after 
June 1, 2008 (the effective date
of Public Act 95-477) this 
amendatory Act of the 95th General Assembly.


(Source: P.A. 102-519, eff. 8-20-21; 102-528, eff. 1-1-22; 
revised 10-18-21.)




 (35 ILCS 200/22-10)

 Sec. 22-10. Notice of expiration of period of redemption. 
A purchaser or assignee shall not be entitled to a tax deed to 
the
property sold unless, not less than 3 months nor more than 
6 months prior to
the expiration of the period of redemption, 
he or she gives notice of the
sale and the date of expiration 
of the period of redemption to the
owners, occupants, and 
parties interested in the property, including any
mortgagee of 
record, as provided below. The clerk must mail notice in 
accordance with the provisions of subsection (e) of Section 
21-260. 

 The Notice to be given to the parties shall be in at least 
10 point
type in the following form completely filled in:

TAX DEED NO. .................... FILED ....................

TAKE NOTICE


 County of ...............................................

 Date Premises Sold ......................................

 Certificate No. ........................................

 Sold for General Taxes of (year) ........................

 Sold for Special Assessment of (Municipality)

 and special assessment number ...........................

 Warrant No. ................ Inst. No. .................

THIS PROPERTY HAS BEEN SOLD FOR


DELINQUENT TAXES


Property located at .........................................

Legal Description or Property Index No. .....................

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

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

 This notice is to advise you that the above property has

been sold for delinquent taxes and that the period of

redemption from the sale will expire on .....................

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

 The amount to redeem is subject to increase at 6 month 
intervals from
the date of sale and may be further increased if 
the purchaser at the tax
sale or his or her assignee pays any 
subsequently accruing taxes or special
assessments to redeem 
the property from subsequent forfeitures or tax sales.
Check 
with the county clerk as to the exact amount you owe before 
redeeming.

 This notice is also to advise you that a petition has been 
filed for
a tax deed which will transfer title and the right to 
possession of this
property if redemption is not made on or 
before ......................................................

 This matter is set for hearing in the Circuit Court of this 
county in
...., Illinois on .....

 You may be present at this hearing but your right to redeem 
will
already have expired at that time.

YOU ARE URGED TO REDEEM IMMEDIATELY


TO PREVENT LOSS OF PROPERTY


 Redemption can be made at any time on or before .... by 
applying to
the County Clerk of ...., County, Illinois at the 
Office of the County Clerk in
...., Illinois.

 For further information contact the County Clerk

ADDRESS:....................

TELEPHONE:..................



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


Purchaser or Assignee.



Dated (insert date).




 In counties with 3,000,000 or more inhabitants, the notice 
shall also state
the address, room number and time at which the 
matter is set for hearing.

 The changes to this Section made by Public Act 97-557 this 
amendatory Act of the 97th General Assembly apply only to 
matters in which a petition for tax deed is filed on or after 
July 1, 2012 (the effective date of Public Act 97-557) this 
amendatory Act of the 97th General Assembly. 

(Source: P.A. 102-528, eff. 1-1-22; revised 12-7-21.)


 Section 265. The Illinois Pension Code is amended by 
changing Sections 1-160, 7-109, 7-141, 14-103.42, 14-110, 
16-158, and 16-203 as follows:



 (40 ILCS 5/1-160)


 Sec. 1-160. Provisions applicable to new hires. 
 (a) The provisions of this Section apply to a person who, 
on or after January 1, 2011, first becomes a member or a 
participant under any reciprocal retirement system or pension 
fund established under this Code, other than a retirement 
system or pension fund established under Article 2, 3, 4, 5, 6, 
7, 15, or 18 of this Code, notwithstanding any other provision 
of this Code to the contrary, but do not apply to any 
self-managed plan established under this Code or to any 
participant of the retirement plan established under Section 
22-101; except that this Section applies to a person who 
elected to establish alternative credits by electing in 
writing after January 1, 2011, but before August 8, 2011, 
under Section 7-145.1 of this Code. Notwithstanding anything 
to the contrary in this Section, for purposes of this Section, 
a person who is a Tier 1 regular employee as defined in Section 
7-109.4 of this Code or who participated in a retirement 
system under Article 15 prior to January 1, 2011 shall be 
deemed a person who first became a member or participant prior 
to January 1, 2011 under any retirement system or pension fund 
subject to this Section. The changes made to this Section by 
Public Act 98-596 are a clarification of existing law and are 
intended to be retroactive to January 1, 2011 (the effective 
date of Public Act 96-889), notwithstanding the provisions of 
Section 1-103.1 of this Code.
 This Section does not apply to a person who first becomes a 
noncovered employee under Article 14 on or after the 
implementation date of the plan created under Section 1-161 
for that Article, unless that person elects under subsection 
(b) of Section 1-161 to instead receive the benefits provided 
under this Section and the applicable provisions of that 
Article.
 This Section does not apply to a person who first becomes a 
member or participant under Article 16 on or after the 
implementation date of the plan created under Section 1-161 
for that Article, unless that person elects under subsection 
(b) of Section 1-161 to instead receive the benefits provided 
under this Section and the applicable provisions of that 
Article.
 This Section does not apply to a person who elects under 
subsection (c-5) of Section 1-161 to receive the benefits 
under Section 1-161. 
 This Section does not apply to a person who first becomes a 
member or participant of an affected pension fund on or after 6 
months after the resolution or ordinance date, as defined in 
Section 1-162, unless that person elects under subsection (c) 
of Section 1-162 to receive the benefits provided under this 
Section and the applicable provisions of the Article under 
which he or she is a member or participant. 
 (b) "Final average salary" means, except as otherwise 
provided in this subsection, the average monthly (or annual) 
salary obtained by dividing the total salary or earnings 
calculated under the Article applicable to the member or 
participant during the 96 consecutive months (or 8 consecutive 
years) of service within the last 120 months (or 10 years) of 
service in which the total salary or earnings calculated under 
the applicable Article was the highest by the number of months 
(or years) of service in that period. For the purposes of a 
person who first becomes a member or participant of any 
retirement system or pension fund to which this Section 
applies on or after January 1, 2011, in this Code, "final 
average salary" shall be substituted for the following:
  (1) (Blank).
  (2) In Articles 8, 9, 10, 11, and 12, "highest average 
 annual salary for any 4 consecutive years within the last 
 10 years of service immediately preceding the date of 
 withdrawal". 
  (3) In Article 13, "average final salary". 
  (4) In Article 14, "final average compensation". 
  (5) In Article 17, "average salary". 
  (6) In Section 22-207, "wages or salary received by 
 him at the date of retirement or discharge". 
 A member of the Teachers' Retirement System of the State 
of Illinois who retires on or after June 1, 2021 and for whom 
the 2020-2021 school year is used in the calculation of the 
member's final average salary shall use the higher of the 
following for the purpose of determining the member's final 
average salary:
  (A) the amount otherwise calculated under the first 
 paragraph of this subsection; or
  (B) an amount calculated by the Teachers' Retirement 
 System of the State of Illinois using the average of the 
 monthly (or annual) salary obtained by dividing the total 
 salary or earnings calculated under Article 16 applicable 
 to the member or participant during the 96 months (or 8 
 years) of service within the last 120 months (or 10 years) 
 of service in which the total salary or earnings 
 calculated under the Article was the highest by the number 
 of months (or years) of service in that period.
 (b-5) Beginning on January 1, 2011, for all purposes under 
this Code (including without limitation the calculation of 
benefits and employee contributions), the annual earnings, 
salary, or wages (based on the plan year) of a member or 
participant to whom this Section applies shall not exceed 
$106,800; however, that amount shall annually thereafter be 
increased by the lesser of (i) 3% of that amount, including all 
previous adjustments, or (ii) one-half the annual unadjusted 
percentage increase (but not less than zero) in the consumer 
price index-u
for the 12 months ending with the September 
preceding each November 1, including all previous adjustments.
 For the purposes of this Section, "consumer price index-u" 
means
the index published by the Bureau of Labor Statistics of 
the United States
Department of Labor that measures the 
average change in prices of goods and
services purchased by 
all urban consumers, United States city average, all
items, 
1982-84 = 100. The new amount resulting from each annual 
adjustment
shall be determined by the Public Pension Division 
of the Department of Insurance and made available to the 
boards of the retirement systems and pension funds by November 
1 of each year. 
 (c) A member or participant is entitled to a retirement

annuity upon written application if he or she has attained age 
67 (age 65, with respect to service under Article 12 that is 
subject to this Section, for a member or participant under 
Article 12 who first becomes a member or participant under 
Article 12 on or after January 1, 2022 or who makes the 
election under item (i) of subsection (d-15) of this Section) 
and has at least 10 years of service credit and is otherwise 
eligible under the requirements of the applicable Article. 
 A member or participant who has attained age 62 (age 60, 
with respect to service under Article 12 that is subject to 
this Section, for a member or participant under Article 12 who 
first becomes a member or participant under Article 12 on or 
after January 1, 2022 or who makes the election under item (i) 
of subsection (d-15) of this Section) and has at least 10 years 
of service credit and is otherwise eligible under the 
requirements of the applicable Article may elect to receive 
the lower retirement annuity provided
in subsection (d) of 
this Section. 
 (c-5) A person who first becomes a member or a participant 
subject to this Section on or after July 6, 2017 (the effective 
date of Public Act 100-23), notwithstanding any other 
provision of this Code to the contrary, is entitled to a 
retirement annuity under Article 8 or Article 11 upon written 
application if he or she has attained age 65 and has at least 
10 years of service credit and is otherwise eligible under the 
requirements of Article 8 or Article 11 of this Code, 
whichever is applicable. 
 (d) The retirement annuity of a member or participant who 
is retiring after attaining age 62 (age 60, with respect to 
service under Article 12 that is subject to this Section, for a 
member or participant under Article 12 who first becomes a 
member or participant under Article 12 on or after January 1, 
2022 or who makes the election under item (i) of subsection 
(d-15) of this Section) with at least 10 years of service 
credit shall be reduced by one-half
of 1% for each full month 
that the member's age is under age 67 (age 65, with respect to 
service under Article 12 that is subject to this Section, for a 
member or participant under Article 12 who first becomes a 
member or participant under Article 12 on or after January 1, 
2022 or who makes the election under item (i) of subsection 
(d-15) of this Section).
 (d-5) The retirement annuity payable under Article 8 or 
Article 11 to an eligible person subject to subsection (c-5) 
of this Section who is retiring at age 60 with at least 10 
years of service credit shall be reduced by one-half of 1% for 
each full month that the member's age is under age 65. 
 (d-10) Each person who first became a member or 
participant under Article 8 or Article 11 of this Code on or 
after January 1, 2011 and prior to July 6, 2017 (the effective 
date of Public Act 100-23) this amendatory Act of the 100th 
General Assembly shall make an irrevocable election either:
  (i) to be eligible for the reduced retirement age 
 provided in subsections (c-5)
and (d-5) of this Section, 
 the eligibility for which is conditioned upon the member 
 or participant agreeing to the increases in employee 
 contributions for age and service annuities provided in 
 subsection (a-5) of Section 8-174 of this Code (for 
 service under Article 8) or subsection (a-5) of Section 
 11-170 of this Code (for service under Article 11); or 
  (ii) to not agree to item (i) of this subsection 
 (d-10), in which case the member or participant shall 
 continue to be subject to the retirement age provisions in 
 subsections (c) and (d) of this Section and the employee 
 contributions for age and service annuity as provided in 
 subsection (a) of Section 8-174 of this Code (for service 
 under Article 8) or subsection (a) of Section 11-170 of 
 this Code (for service under Article 11). 
 The election provided for in this subsection shall be made 
between October 1, 2017 and November 15, 2017. A person 
subject to this subsection who makes the required election 
shall remain bound by that election. A person subject to this 
subsection who fails for any reason to make the required 
election within the time specified in this subsection shall be 
deemed to have made the election under item (ii). 
 (d-15) Each person who first becomes a member or 
participant under Article 12 on or after January 1, 2011 and 
prior to January 1, 2022 shall make an irrevocable election 
either: 
  (i) to be eligible for the reduced retirement age 
 specified in subsections (c) and (d) of this Section, the 
 eligibility for which is conditioned upon the member or 
 participant agreeing to the increase in employee 
 contributions for service annuities specified in 
 subsection (b) of Section 12-150; or
  (ii) to not agree to item (i) of this subsection 
 (d-15), in which case the member or participant shall not 
 be eligible for the reduced retirement age specified in 
 subsections (c) and (d) of this Section and shall not be 
 subject to the increase in employee contributions for 
 service annuities specified in subsection (b) of Section 
 12-150. 
 The election provided for in this subsection shall be made 
between January 1, 2022 and April 1, 2022. A person subject to 
this subsection who makes the required election shall remain 
bound by that election. A person subject to this subsection 
who fails for any reason to make the required election within 
the time specified in this subsection shall be deemed to have 
made the election under item (ii). 
 (e) Any retirement annuity or supplemental annuity shall 
be subject to annual increases on the January 1 occurring 
either on or after the attainment of age 67 (age 65, with 
respect to service under Article 12 that is subject to this 
Section, for a member or participant under Article 12 who 
first becomes a member or participant under Article 12 on or 
after January 1, 2022 or who makes the election under item (i) 
of subsection (d-15); and beginning on July 6, 2017 (the 
effective date of Public Act 100-23) this amendatory Act of 
the 100th General Assembly, age 65 with respect to service 
under Article 8 or Article 11 for eligible persons who: (i) are 
subject to subsection (c-5) of this Section; or (ii) made the 
election under item (i) of subsection (d-10) of this Section) 
or the first anniversary of the annuity start date, whichever 
is later. Each annual increase shall be calculated at 3% or 
one-half the annual unadjusted percentage increase (but not 
less than zero) in the consumer price index-u for the 12 months 
ending with the September preceding each November 1, whichever 
is less, of the originally granted retirement annuity. If the 
annual unadjusted percentage change in the consumer price 
index-u for the 12 months ending with the September preceding 
each November 1 is zero or there is a decrease, then the 
annuity shall not be increased. 
 For the purposes of Section 1-103.1 of this Code, the 
changes made to this Section by Public Act 102-263 this 
amendatory Act of the 102nd General Assembly are applicable 
without regard to whether the employee was in active service 
on or after August 6, 2021 (the effective date of Public Act 
102-263) this amendatory Act of the 102nd General Assembly. 
 For the purposes of Section 1-103.1 of this Code, the 
changes made to this Section by Public Act 100-23 this 
amendatory Act of the 100th General Assembly are applicable 
without regard to whether the employee was in active service 
on or after July 6, 2017 (the effective date of Public Act 
100-23) this amendatory Act of the 100th General Assembly. 
 (f) The initial survivor's or widow's annuity of an 
otherwise eligible survivor or widow of a retired member or 
participant who first became a member or participant on or 
after January 1, 2011 shall be in the amount of 66 2/3% of the 
retired member's or participant's retirement annuity at the 
date of death. In the case of the death of a member or 
participant who has not retired and who first became a member 
or participant on or after January 1, 2011, eligibility for a 
survivor's or widow's annuity shall be determined by the 
applicable Article of this Code. The initial benefit shall be 
66 2/3% of the earned annuity without a reduction due to age. A 
child's annuity of an otherwise eligible child shall be in the 
amount prescribed under each Article if applicable. Any 
survivor's or widow's annuity shall be increased (1) on each 
January 1 occurring on or after the commencement of the 
annuity if
the deceased member died while receiving a 
retirement annuity or (2) in
other cases, on each January 1 
occurring after the first anniversary
of the commencement of 
the annuity. Each annual increase shall be calculated at 3% or 
one-half the annual unadjusted percentage increase (but not 
less than zero) in the consumer price index-u for the 12 months 
ending with the September preceding each November 1, whichever 
is less, of the originally granted survivor's annuity. If the 
annual unadjusted percentage change in the consumer price 
index-u for the 12 months ending with the September preceding 
each November 1 is zero or there is a decrease, then the 
annuity shall not be increased. 
 (g) The benefits in Section 14-110 apply only if the 
person is a State policeman, a fire fighter in the fire 
protection service of a department, a conservation police 
officer, an investigator for the Secretary of State, an arson 
investigator, a Commerce Commission police officer, 
investigator for the Department of Revenue or the
Illinois 
Gaming Board, a security employee of the Department of 
Corrections or the Department of Juvenile Justice, or a 
security employee of the Department of Innovation and 
Technology, as those terms are defined in subsection (b) and 
subsection (c) of Section 14-110. A person who meets the 
requirements of this Section is entitled to an annuity 
calculated under the provisions of Section 14-110, in lieu of 
the regular or minimum retirement annuity, only if the person 
has withdrawn from service with not less than 20
years of 
eligible creditable service and has attained age 60, 
regardless of whether
the attainment of age 60 occurs while 
the person is
still in service. 
 (h) If a person who first becomes a member or a participant 
of a retirement system or pension fund subject to this Section 
on or after January 1, 2011 is receiving a retirement annuity 
or retirement pension under that system or fund and becomes a 
member or participant under any other system or fund created 
by this Code and is employed on a full-time basis, except for 
those members or participants exempted from the provisions of 
this Section under subsection (a) of this Section, then the 
person's retirement annuity or retirement pension under that 
system or fund shall be suspended during that employment. Upon 
termination of that employment, the person's retirement 
annuity or retirement pension payments shall resume and be 
recalculated if recalculation is provided for under the 
applicable Article of this Code.
 If a person who first becomes a member of a retirement 
system or pension fund subject to this Section on or after 
January 1, 2012 and is receiving a retirement annuity or 
retirement pension under that system or fund and accepts on a 
contractual basis a position to provide services to a 
governmental entity from which he or she has retired, then 
that person's annuity or retirement pension earned as an 
active employee of the employer shall be suspended during that 
contractual service. A person receiving an annuity or 
retirement pension under this Code shall notify the pension 
fund or retirement system from which he or she is receiving an 
annuity or retirement pension, as well as his or her 
contractual employer, of his or her retirement status before 
accepting contractual employment. A person who fails to submit 
such notification shall be guilty of a Class A misdemeanor and 
required to pay a fine of $1,000. Upon termination of that 
contractual employment, the person's retirement annuity or 
retirement pension payments shall resume and, if appropriate, 
be recalculated under the applicable provisions of this Code. 
 (i) (Blank). 
 (j) In the case of a conflict between the provisions of 
this Section and any other provision of this Code, the 
provisions of this Section shall control.

(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; 
102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)



 (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)



 Sec. 7-109. Employee. 

 (1) "Employee" means any person who:

  (a) 1. Receives earnings as payment for the 
 performance of personal
services or official duties out of 
 the general fund of a municipality,
or out of any special 
 fund or funds controlled by a municipality, or by
an 
 instrumentality thereof, or a participating 
 instrumentality, including,
in counties, the fees or 
 earnings of any county fee office; and

  2. Under the usual common law rules applicable in 
 determining the
employer-employee relationship, has the 
 status of an employee with a
municipality, or any 
 instrumentality thereof, or a participating

 instrumentality, including alderpersons, county 
 supervisors and other
persons (excepting those employed as 
 independent contractors) who are
paid compensation, fees, 
 allowances or other emolument for official
duties, and, in 
 counties, the several county fee offices.

  (b) Serves as a township treasurer appointed under the 
 School
Code, as heretofore or hereafter amended, and
who 
 receives for such services regular compensation as 
 distinguished
from per diem compensation, and any regular 
 employee in the office of
any township treasurer whether 
 or not his earnings are paid from the
income of the 
 permanent township fund or from funds subject to

 distribution to the several school districts and parts of 
 school
districts as provided in the School Code, or from 
 both such sources; or is the chief executive officer, 
 chief educational officer, chief fiscal officer, or other 
 employee of a Financial Oversight Panel established 
 pursuant to Article 1H of the School Code, other than a 
 superintendent or certified school business official, 
 except that such person shall not be treated as an 
 employee under this Section if that person has negotiated 
 with the Financial Oversight Panel, in conjunction with 
 the school district, a contractual agreement for exclusion 
 from this Section.

  (c) Holds an elective office in a municipality, 
 instrumentality
thereof or participating instrumentality.

 (2) "Employee" does not include persons who:

  (a) Are eligible for inclusion under any of the 
 following laws:

   1. "An Act in relation to an Illinois State 
 Teachers' Pension and
Retirement Fund", approved May 
 27, 1915, as amended;

   2. Articles 15 and 16 of this Code.

  However, such persons shall be included as employees 
 to the extent of
earnings that are not eligible for 
 inclusion under the foregoing laws
for services not of an 
 instructional nature of any kind.

  However, any member of the armed forces who is 
 employed as a teacher
of subjects in the Reserve Officers 
 Training Corps of any school and who
is not certified 
 under the law governing the certification of teachers

 shall be included as an employee.

  (b) Are designated by the governing body of a 
 municipality in which a
pension fund is required by law to 
 be established for policemen or
firemen, respectively, as 
 performing police or fire protection duties,
except that 
 when such persons are the heads of the police or fire

 department and are not eligible to be included within any 
 such pension
fund, they shall be included within this 
 Article; provided, that such
persons shall not be excluded 
 to the extent of concurrent service and
earnings not 
 designated as being for police or fire protection duties.

 However, (i) any head of a police department who was a 
 participant under this
Article immediately before October 
 1, 1977 and did not elect, under Section
3-109 of this Act, 
 to participate in a police pension fund shall be an

 "employee", and (ii) any chief of police who became a 
 participating employee under this Article before January 
 1, 2019 and who elects to participate in this
Fund under 
 Section 3-109.1 of this Code, regardless of whether such 
 person
continues to be employed as chief of police or is 
 employed in some other
rank or capacity within the police 
 department, shall be an employee under
this Article for so 
 long as such person is employed to perform police
duties 
 by a participating municipality and has not lawfully 
 rescinded that
election.
  (b-5) Were not participating employees under this 
 Article before August 26, 2018 (the effective date of 
 Public Act 100-1097) this amendatory Act of the 100th 
 General Assembly and participated as a chief of police in 
 a fund under Article 3 and return to work in any capacity 
 with the police department, with any oversight of the 
 police department, or in an advisory capacity for the 
 police department with the same municipality with which 
 that pension was earned, regardless of whether they are 
 considered an employee of the police department or are 
 eligible for inclusion in the municipality's Article 3 
 fund. 
  (c) Are contributors to or eligible to contribute to a 
 Taft-Hartley pension plan to which the participating 
 municipality is required to contribute as the person's 
 employer based on earnings from the municipality. Nothing 
 in this paragraph shall affect service credit or 
 creditable service for any period of service prior to July 
 16, 2014 (the effective date of Public Act 98-712) this 
 amendatory Act of the 98th General Assembly, and this 
 paragraph shall not apply to individuals who are 
 participating in the Fund prior to July 16, 2014 (the 
 effective date of Public Act 98-712) this amendatory Act 
 of the 98th General Assembly. 

  (d) Become an employee of any of the following 
 participating instrumentalities on or after January 1, 
 2017 (the effective date of Public Act 99-830) this 
 amendatory Act of the 99th General Assembly: the Illinois 
 Municipal League; the Illinois Association of Park 
 Districts; the Illinois Supervisors, County Commissioners 
 and Superintendents of Highways Association; an 
 association, or not-for-profit corporation, membership in 
 which is authorized under Section 85-15 of the Township 
 Code; the United Counties Council; or the Will County 
 Governmental League. 
  (e) Are members of the Board of Trustees of the 
 Firefighters' Pension Investment Fund, as created under 
 Article 22C of this Code, in their capacity as members of 
 the Board of Trustees of the Firefighters' Pension 
 Investment Fund. 
  (f) Are members of the Board of Trustees of the Police 
 Officers' Pension Investment Fund, as created under 
 Article 22B of this Code, in their capacity as members of 
 the Board of Trustees of the Police Officers' Pension 
 Investment Fund. 
 (3) All persons, including, without limitation, public 
defenders and
probation officers, who receive earnings from 
general or special funds
of a county for performance of 
personal services or official duties
within the territorial 
limits of the county, are employees of the county
(unless 
excluded by subsection (2) of this Section) notwithstanding 
that
they may be appointed by and are subject to the direction 
of a person or
persons other than a county board or a county 
officer. It is hereby
established that an employer-employee 
relationship under the usual
common law rules exists between 
such employees and the county paying
their salaries by reason 
of the fact that the county boards fix their
rates of 
compensation, appropriate funds for payment of their earnings

and otherwise exercise control over them. This finding and 
this
amendatory Act shall apply to all such employees from the 
date of
appointment whether such date is prior to or after the 
effective date of
this amendatory Act and is intended to 
clarify existing law pertaining
to their status as 
participating employees in the Fund.

(Source: P.A. 102-15, eff. 6-17-21; 102-637, eff. 8-27-21; 
revised 10-5-21.)




 (40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)



 Sec. 7-141. Retirement annuities; conditions. Retirement 
annuities shall be payable as hereinafter set forth:

 (a) A participating employee who, regardless of cause, is 
separated
from the service of all participating municipalities 
and
instrumentalities thereof and participating 
instrumentalities shall be
entitled to a retirement annuity 
provided:

  1. He is at least age 55 if he is a Tier 1 regular 
 employee, he is age 62 if he is a Tier 2 regular employee, 
 or, in the case of a person who is eligible
to have his 
 annuity calculated under Section 7-142.1, he is at least 
 age 50;

  2. He is not entitled to receive earnings for 
 employment in a position requiring him, or entitling him 
 to elect, to be a participating employee;

  3. The amount of his annuity, before the application 
 of paragraph (b) of
Section 7-142 is at least $10 per 
 month;

  4. If he first became a participating employee after 
 December 31,
1961 and is a Tier 1 regular employee, he has 
 at least 8 years of service, or, if he is a Tier 2 regular 
 member, he has at least 10 years of service. This service 
 requirement shall not
apply to any participating employee, 
 regardless of participation date, if the
General Assembly 
 terminates the Fund.

 (b) Retirement annuities shall be payable:

  1. As provided in Section 7-119;

  2. Except as provided in item 3, upon receipt by the 
 fund of a written
application. The effective date may be 
 not more than one
year prior to the date of the receipt by 
 the fund of the application;

  3. Upon attainment of the required age of distribution 
 under Section 401(a)(9) of the Internal Revenue Code of 
 1986, as amended, if the member (i) is no longer in

 service,
and (ii) is otherwise entitled to an annuity 
 under this Article;

  4. To the beneficiary of the deceased annuitant for 
 the unpaid amount
accrued to date of death, if any.

(Source: P.A. 102-210, Article 5, Section 5-5, eff. 7-30-21; 
102-210, Article 10, Section 10-5, eff. 1-1-22; revised 
9-28-21.)


 (40 ILCS 5/14-103.42)
 Sec. 14-103.42. Licensed health care professional. 
"Licensed health care professional": Any individual who has 
obtained a license through the Department of Financial and 
Professional Regulation under the Medical Practice Act of 
1987, under the Physician Assistant Practice Act of 1987, or 
under the Clinical Psychologist Licensing Act or an advanced 
practice registered nurse licensed under the Nurse Practice 
Act.

(Source: P.A. 101-54, eff. 7-12-19; revised 1-9-22.)



 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)


 Sec. 14-110. Alternative retirement annuity. 

 (a) Any member who has withdrawn from service with not 
less than 20
years of eligible creditable service and has 
attained age 55, and any
member who has withdrawn from service 
with not less than 25 years of
eligible creditable service and 
has attained age 50, regardless of whether
the attainment of 
either of the specified ages occurs while the member is
still 
in service, shall be entitled to receive at the option of the 
member,
in lieu of the regular or minimum retirement annuity, 
a retirement annuity
computed as follows:

  (i) for periods of service as a noncovered employee:

 if retirement occurs on or after January 1, 2001, 3% of 
 final
average compensation for each year of creditable 
 service; if retirement occurs
before January 1, 2001, 2 
 1/4% of final average compensation for each of the
first 
 10 years of creditable service, 2 1/2% for each year above 
 10 years to
and including 20 years of creditable service, 
 and 2 3/4% for each year of
creditable service above 20 
 years; and

  (ii) for periods of eligible creditable service as a 
 covered employee:
if retirement occurs on or after January 
 1, 2001, 2.5% of final average
compensation for each year 
 of creditable service; if retirement occurs before
January 
 1, 2001, 1.67% of final average compensation for each of 
 the first
10 years of such service, 1.90% for each of the 
 next 10 years of such service,
2.10% for each year of such 
 service in excess of 20 but not exceeding 30, and
2.30% for 
 each year in excess of 30.

 Such annuity shall be subject to a maximum of 75% of final 
average
compensation if retirement occurs before January 1, 
2001 or to a maximum
of 80% of final average compensation if 
retirement occurs on or after January
1, 2001.

 These rates shall not be applicable to any service 
performed
by a member as a covered employee which is not 
eligible creditable service.
Service as a covered employee 
which is not eligible creditable service
shall be subject to 
the rates and provisions of Section 14-108.

 (b) For the purpose of this Section, "eligible creditable 
service" means
creditable service resulting from service in 
one or more of the following
positions:

  (1) State policeman;

  (2) fire fighter in the fire protection service of a 
 department;

  (3) air pilot;

  (4) special agent;

  (5) investigator for the Secretary of State;

  (6) conservation police officer;

  (7) investigator for the Department of Revenue or the 
 Illinois Gaming Board;

  (8) security employee of the Department of Human 
 Services;

  (9) Central Management Services security police 
 officer;

  (10) security employee of the Department of 
 Corrections or the Department of Juvenile Justice;

  (11) dangerous drugs investigator;

  (12) investigator for the Illinois State Police;

  (13) investigator for the Office of the Attorney 
 General;

  (14) controlled substance inspector;

  (15) investigator for the Office of the State's 
 Attorneys Appellate
Prosecutor;

  (16) Commerce Commission police officer;

  (17) arson investigator;

  (18) State highway maintenance worker;

  (19) security employee of the Department of Innovation 
 and Technology; or 
  (20) transferred employee. 
 A person employed in one of the positions specified in 
this subsection is
entitled to eligible creditable service for 
service credit earned under this
Article while undergoing the 
basic police training course approved by the
Illinois Law 
Enforcement Training
Standards Board, if
completion of that 
training is required of persons serving in that position.
For 
the purposes of this Code, service during the required basic 
police
training course shall be deemed performance of the 
duties of the specified
position, even though the person is 
not a sworn peace officer at the time of
the training.

 A person under paragraph (20) is entitled to eligible 
creditable service for service credit earned under this 
Article on and after his or her transfer by Executive Order No. 
2003-10, Executive Order No. 2004-2, or Executive Order No. 
2016-1. 
 (c) For the purposes of this Section:

  (1) The term "State policeman" includes any title or 
 position
in the Illinois State Police that is held by an 
 individual employed
under the Illinois State Police Act.

  (2) The term "fire fighter in the fire protection 
 service of a
department" includes all officers in such 
 fire protection service
including fire chiefs and 
 assistant fire chiefs.

  (3) The term "air pilot" includes any employee whose 
 official job
description on file in the Department of 
 Central Management Services, or
in the department by which 
 he is employed if that department is not covered
by the 
 Personnel Code, states that his principal duty is the 
 operation of
aircraft, and who possesses a pilot's 
 license; however, the change in this
definition made by 
 Public Act 83-842 this amendatory Act of 1983 shall not 
 operate to exclude
any noncovered employee who was an "air 
 pilot" for the purposes of this
Section on January 1, 
 1984.

  (4) The term "special agent" means any person who by 
 reason of
employment by the Division of Narcotic Control, 
 the Bureau of Investigation
or, after July 1, 1977, the 
 Division of Criminal Investigation, the
Division of 
 Internal Investigation, the Division of Operations, the 
 Division of Patrol Operations, or any
other Division or 
 organizational
entity in the Illinois State Police is 
 vested by law with duties to
maintain public order, 
 investigate violations of the criminal law of this
State, 
 enforce the laws of this State, make arrests and recover 
 property.
The term "special agent" includes any title or 
 position in the Illinois State Police that is held by an 
 individual employed under the Illinois State
Police Act.

  (5) The term "investigator for the Secretary of State" 
 means any person
employed by the Office of the Secretary 
 of State and vested with such
investigative duties as 
 render him ineligible for coverage under the Social

 Security Act by reason of Sections 218(d)(5)(A), 
 218(d)(8)(D) and 218(l)(1)
of that Act.

  A person who became employed as an investigator for 
 the Secretary of
State between January 1, 1967 and 
 December 31, 1975, and who has served as
such until 
 attainment of age 60, either continuously or with a single 
 break
in service of not more than 3 years duration, which 
 break terminated before
January 1, 1976, shall be entitled 
 to have his retirement annuity
calculated in accordance 
 with subsection (a), notwithstanding
that he has less than 
 20 years of credit for such service.

  (6) The term "Conservation Police Officer" means any 
 person employed
by the Division of Law Enforcement of the 
 Department of Natural Resources and
vested with such law 
 enforcement duties as render him ineligible for coverage

 under the Social Security Act by reason of Sections 
 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The 
 term "Conservation Police Officer" includes
the positions 
 of Chief Conservation Police Administrator and Assistant

 Conservation Police Administrator.

  (7) The term "investigator for the Department of 
 Revenue" means any
person employed by the Department of 
 Revenue and vested with such
investigative duties as 
 render him ineligible for coverage under the Social

 Security Act by reason of Sections 218(d)(5)(A), 
 218(d)(8)(D) and 218(l)(1)
of that Act.

  The term "investigator for the Illinois Gaming Board" 
 means any
person employed as such by the Illinois Gaming 
 Board and vested with such
peace officer duties as render 
 the person ineligible for coverage under the Social

 Security Act by reason of Sections 218(d)(5)(A), 
 218(d)(8)(D), and 218(l)(1)
of that Act.

  (8) The term "security employee of the Department of 
 Human Services"
means any person employed by the 
 Department of Human Services who (i) is
employed at the 
 Chester Mental Health Center and has daily contact with 
 the
residents thereof, (ii) is employed within a security 
 unit at a facility
operated by the Department and has 
 daily contact with the residents of the
security unit, 
 (iii) is employed at a facility operated by the Department

 that includes a security unit and is regularly scheduled 
 to work at least
50% of his or her working hours within 
 that security unit, or (iv) is a mental health police 
 officer.
"Mental health police officer" means any person 
 employed by the Department of
Human Services in a position 
 pertaining to the Department's mental health and

 developmental disabilities functions who is vested with 
 such law enforcement
duties as render the person 
 ineligible for coverage under the Social Security
Act by 
 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
 218(l)(1) of that
Act. "Security unit" means that portion 
 of a facility that is devoted to
the care, containment, 
 and treatment of persons committed to the Department of

 Human Services as sexually violent persons, persons unfit 
 to stand trial, or
persons not guilty by reason of 
 insanity. With respect to past employment,
references to 
 the Department of Human Services include its predecessor, 
 the
Department of Mental Health and Developmental 
 Disabilities.

  The changes made to this subdivision (c)(8) by Public 
 Act 92-14 apply to persons who retire on or after January 
 1,
2001, notwithstanding Section 1-103.1.

  (9) "Central Management Services security police 
 officer" means any
person employed by the Department of 
 Central Management Services who is
vested with such law 
 enforcement duties as render him ineligible for
coverage 
 under the Social Security Act by reason of Sections 
 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.

  (10) For a member who first became an employee under 
 this Article before July 1, 2005, the term "security 
 employee of the Department of Corrections or the 
 Department of Juvenile Justice"
means any employee of the 
 Department of Corrections or the Department of Juvenile 
 Justice or the former
Department of Personnel, and any 
 member or employee of the Prisoner
Review Board, who has 
 daily contact with inmates or youth by working within a

 correctional facility or Juvenile facility operated by the 
 Department of Juvenile Justice or who is a parole officer 
 or an employee who has
direct contact with committed 
 persons in the performance of his or her
job duties. For a 
 member who first becomes an employee under this Article on 
 or after July 1, 2005, the term means an employee of the 
 Department of Corrections or the Department of Juvenile 
 Justice who is any of the following: (i) officially 
 headquartered at a correctional facility or Juvenile 
 facility operated by the Department of Juvenile Justice, 
 (ii) a parole officer, (iii) a member of the apprehension 
 unit, (iv) a member of the intelligence unit, (v) a member 
 of the sort team, or (vi) an investigator.

  (11) The term "dangerous drugs investigator" means any 
 person who is
employed as such by the Department of Human 
 Services.

  (12) The term "investigator for the Illinois State 
 Police" means
a person employed by the Illinois State 
 Police who is vested under
Section 4 of the Narcotic 
 Control Division Abolition Act with such
law enforcement 
 powers as render him ineligible for coverage under the

 Social Security Act by reason of Sections 218(d)(5)(A), 
 218(d)(8)(D) and
218(l)(1) of that Act.

  (13) "Investigator for the Office of the Attorney 
 General" means any
person who is employed as such by the 
 Office of the Attorney General and
is vested with such 
 investigative duties as render him ineligible for
coverage 
 under the Social Security Act by reason of Sections 
 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For 
 the period before January 1,
1989, the term includes all 
 persons who were employed as investigators by the
Office 
 of the Attorney General, without regard to social security 
 status.

  (14) "Controlled substance inspector" means any person 
 who is employed
as such by the Department of Professional 
 Regulation and is vested with such
law enforcement duties 
 as render him ineligible for coverage under the Social

 Security Act by reason of Sections 218(d)(5)(A), 
 218(d)(8)(D) and 218(l)(1) of
that Act. The term 
 "controlled substance inspector" includes the Program

 Executive of Enforcement and the Assistant Program 
 Executive of Enforcement.

  (15) The term "investigator for the Office of the 
 State's Attorneys
Appellate Prosecutor" means a person 
 employed in that capacity on a full-time full
time basis 
 under the authority of Section 7.06 of the State's 
 Attorneys
Appellate Prosecutor's Act.

  (16) "Commerce Commission police officer" means any 
 person employed
by the Illinois Commerce Commission who is 
 vested with such law
enforcement duties as render him 
 ineligible for coverage under the Social
Security Act by 
 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

 218(l)(1) of that Act.

  (17) "Arson investigator" means any person who is 
 employed as such by
the Office of the State Fire Marshal 
 and is vested with such law enforcement
duties as render 
 the person ineligible for coverage under the Social 
 Security
Act by reason of Sections 218(d)(5)(A), 
 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was 
 employed as an arson
investigator on January 1, 1995 and 
 is no longer in service but not yet
receiving a retirement 
 annuity may convert his or her creditable service for

 employment as an arson investigator into eligible 
 creditable service by paying
to the System the difference 
 between the employee contributions actually paid
for that 
 service and the amounts that would have been contributed 
 if the
applicant were contributing at the rate applicable 
 to persons with the same
social security status earning 
 eligible creditable service on the date of
application.

  (18) The term "State highway maintenance worker" means 
 a person who is
either of the following:

   (i) A person employed on a full-time basis by the 
 Illinois
Department of Transportation in the position 
 of
highway maintainer,
highway maintenance lead 
 worker,
highway maintenance lead/lead worker,
heavy 
 construction equipment operator,
power shovel 
 operator, or
bridge mechanic; and
whose principal 
 responsibility is to perform, on the roadway, the 
 actual
maintenance necessary to keep the highways that 
 form a part of the State
highway system in serviceable 
 condition for vehicular traffic.

   (ii) A person employed on a full-time basis by the 
 Illinois
State Toll Highway Authority in the position 
 of
equipment operator/laborer H-4,
equipment 
 operator/laborer H-6,
welder H-4,
welder H-6,

 mechanical/electrical H-4,
mechanical/electrical H-6,

 water/sewer H-4,
water/sewer H-6,
sign maker/hanger 
 H-4,
sign maker/hanger H-6,
roadway lighting H-4,

 roadway lighting H-6,
structural H-4,
structural H-6,

 painter H-4, or
painter H-6; and
whose principal 
 responsibility is to perform, on the roadway, the 
 actual
maintenance necessary to keep the Authority's 
 tollways in serviceable condition
for vehicular 
 traffic.

  (19) The term "security employee of the Department of 
 Innovation and Technology" means a person who was a 
 security employee of the Department of Corrections or the 
 Department of Juvenile Justice, was transferred to the 
 Department of Innovation and Technology pursuant to 
 Executive Order 2016-01, and continues to perform similar 
 job functions under that Department. 
  (20) "Transferred employee" means an employee who was 
 transferred to the Department of Central Management 
 Services by Executive Order No. 2003-10 or Executive Order 
 No. 2004-2 or transferred to the Department of Innovation 
 and Technology by Executive Order No. 2016-1, or both, and 
 was entitled to eligible creditable service for services 
 immediately preceding the transfer. 
 (d) A security employee of the Department of Corrections 
or the Department of Juvenile Justice, a security
employee of 
the Department of Human Services who is not a mental health 
police
officer, and a security employee of the Department of 
Innovation and Technology shall not be eligible for the 
alternative retirement annuity provided
by this Section unless 
he or she meets the following minimum age and service

requirements at the time of retirement:

  (i) 25 years of eligible creditable service and age 
 55; or

  (ii) beginning January 1, 1987, 25 years of eligible 
 creditable service
and age 54, or 24 years of eligible 
 creditable service and age 55; or

  (iii) beginning January 1, 1988, 25 years of eligible 
 creditable service
and age 53, or 23 years of eligible 
 creditable service and age 55; or

  (iv) beginning January 1, 1989, 25 years of eligible 
 creditable service
and age 52, or 22 years of eligible 
 creditable service and age 55; or

  (v) beginning January 1, 1990, 25 years of eligible 
 creditable service
and age 51, or 21 years of eligible 
 creditable service and age 55; or

  (vi) beginning January 1, 1991, 25 years of eligible 
 creditable service
and age 50, or 20 years of eligible 
 creditable service and age 55.

 Persons who have service credit under Article 16 of this 
Code for service
as a security employee of the Department of 
Corrections or the Department of Juvenile Justice, or the 
Department
of Human Services in a position requiring 
certification as a teacher may
count such service toward 
establishing their eligibility under the service
requirements 
of this Section; but such service may be used only for

establishing such eligibility, and not for the purpose of 
increasing or
calculating any benefit.

 (e) If a member enters military service while working in a 
position in
which eligible creditable service may be earned, 
and returns to State
service in the same or another such 
position, and fulfills in all other
respects the conditions 
prescribed in this Article for credit for military
service, 
such military service shall be credited as eligible creditable

service for the purposes of the retirement annuity prescribed 
in this Section.

 (f) For purposes of calculating retirement annuities under 
this
Section, periods of service rendered after December 31, 
1968 and before
October 1, 1975 as a covered employee in the 
position of special agent,
conservation police officer, mental 
health police officer, or investigator
for the Secretary of 
State, shall be deemed to have been service as a
noncovered 
employee, provided that the employee pays to the System prior 
to
retirement an amount equal to (1) the difference between 
the employee
contributions that would have been required for 
such service as a
noncovered employee, and the amount of 
employee contributions actually
paid, plus (2) if payment is 
made after July 31, 1987, regular interest
on the amount 
specified in item (1) from the date of service to the date
of 
payment.

 For purposes of calculating retirement annuities under 
this Section,
periods of service rendered after December 31, 
1968 and before January 1,
1982 as a covered employee in the 
position of investigator for the
Department of Revenue shall 
be deemed to have been service as a noncovered
employee, 
provided that the employee pays to the System prior to 
retirement
an amount equal to (1) the difference between the 
employee contributions
that would have been required for such 
service as a noncovered employee,
and the amount of employee 
contributions actually paid, plus (2) if payment
is made after 
January 1, 1990, regular interest on the amount specified in

item (1) from the date of service to the date of payment.

 (g) A State policeman may elect, not later than January 1, 
1990, to
establish eligible creditable service for up to 10 
years of his service as
a policeman under Article 3, by filing 
a written election with the Board,
accompanied by payment of 
an amount to be determined by the Board, equal to
(i) the 
difference between the amount of employee and employer

contributions transferred to the System under Section 3-110.5, 
and the
amounts that would have been contributed had such 
contributions been made
at the rates applicable to State 
policemen, plus (ii) interest thereon at
the effective rate 
for each year, compounded annually, from the date of
service 
to the date of payment.

 Subject to the limitation in subsection (i), a State 
policeman may elect,
not later than July 1, 1993, to establish 
eligible creditable service for
up to 10 years of his service 
as a member of the County Police Department
under Article 9, by 
filing a written election with the Board, accompanied
by 
payment of an amount to be determined by the Board, equal to 
(i) the
difference between the amount of employee and employer 
contributions
transferred to the System under Section 9-121.10 
and the amounts that would
have been contributed had those 
contributions been made at the rates
applicable to State 
policemen, plus (ii) interest thereon at the effective
rate 
for each year, compounded annually, from the date of service 
to the
date of payment.

 (h) Subject to the limitation in subsection (i), a State 
policeman or
investigator for the Secretary of State may elect 
to establish eligible
creditable service for up to 12 years of 
his service as a policeman under
Article 5, by filing a written 
election with the Board on or before January
31, 1992, and 
paying to the System by January 31, 1994 an amount to be

determined by the Board, equal to (i) the difference between 
the amount of
employee and employer contributions transferred 
to the System under Section
5-236, and the amounts that would 
have been contributed had such
contributions been made at the 
rates applicable to State policemen, plus
(ii) interest 
thereon at the effective rate for each year, compounded

annually, from the date of service to the date of payment.

 Subject to the limitation in subsection (i), a State 
policeman,
conservation police officer, or investigator for 
the Secretary of State may
elect to establish eligible 
creditable service for up to 10 years of
service as a sheriff's 
law enforcement employee under Article 7, by filing
a written 
election with the Board on or before January 31, 1993, and 
paying
to the System by January 31, 1994 an amount to be 
determined by the Board,
equal to (i) the difference between 
the amount of employee and
employer contributions transferred 
to the System under Section
7-139.7, and the amounts that 
would have been contributed had such
contributions been made 
at the rates applicable to State policemen, plus
(ii) interest 
thereon at the effective rate for each year, compounded

annually, from the date of service to the date of payment.

 Subject to the limitation in subsection (i), a State 
policeman,
conservation police officer, or investigator for 
the Secretary of State may
elect to establish eligible 
creditable service for up to 5 years of
service as a police 
officer under Article 3, a policeman under Article 5, a 
sheriff's law enforcement employee under Article 7, a member 
of the county police department under Article 9, or a police 
officer under Article 15 by filing
a written election with the 
Board and paying
to the System an amount to be determined by 
the Board,
equal to (i) the difference between the amount of 
employee and
employer contributions transferred to the System 
under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 
and the amounts that would have been contributed had such

contributions been made at the rates applicable to State 
policemen, plus
(ii) interest thereon at the effective rate 
for each year, compounded
annually, from the date of service 
to the date of payment.
 Subject to the limitation in subsection (i), an 
investigator for the Office of the Attorney General, or an 
investigator for the Department of Revenue, may elect to 
establish eligible creditable service for up to 5 years of 
service as a police officer under Article 3, a policeman under 
Article 5, a sheriff's law enforcement employee under Article 
7, or a member of the county police department under Article 9 
by filing a written election with the Board within 6 months 
after August 25, 2009 (the effective date of Public Act 
96-745) and paying to the System an amount to be determined by 
the Board, equal to (i) the difference between the amount of 
employee and employer contributions transferred to the System 
under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the 
amounts that would have been contributed had such 
contributions been made at the rates applicable to State 
policemen, plus (ii) interest thereon at the actuarially 
assumed rate for each year, compounded annually, from the date 
of service to the date of payment.
 Subject to the limitation in subsection (i), a State 
policeman, conservation police officer, investigator for the 
Office of the Attorney General, an investigator for the 
Department of Revenue, or investigator for the Secretary of 
State may elect to establish eligible creditable service for 
up to 5 years of service as a person employed by a 
participating municipality to perform police duties, or law 
enforcement officer employed on a full-time basis by a forest 
preserve district under Article 7, a county corrections 
officer, or a court services officer under Article 9, by 
filing a written election with the Board within 6 months after 
August 25, 2009 (the effective date of Public Act 96-745) and 
paying to the System an amount to be determined by the Board, 
equal to (i) the difference between the amount of employee and 
employer contributions transferred to the System under 
Sections 7-139.8 and 9-121.10 and the amounts that would have 
been contributed had such contributions been made at the rates 
applicable to State policemen, plus (ii) interest thereon at 
the actuarially assumed rate for each year, compounded 
annually, from the date of service to the date of payment.
 Subject to the limitation in subsection (i), a State 
policeman, arson
investigator, or Commerce Commission police 
officer may elect to establish eligible creditable service for 
up to 5 years of service as a person employed by a 
participating municipality to perform police duties under 
Article 7, a county corrections officer, a court services 
officer under Article 9, or a firefighter
under Article 4 by 
filing a written election with the Board within 6 months after 
July 30, 2021 (the effective date of Public Act 102-210) this 
amendatory Act of the 102nd General Assembly and paying to the 
System an amount to be determined by the Board equal to (i) the 
difference between the amount of employee and employer 
contributions transferred to the System under Sections 
4-108.8, 7-139.8, and 9-121.10 and the amounts that would have 
been contributed had such contributions been made at the rates 
applicable to State policemen, plus (ii) interest thereon at 
the actuarially assumed rate for each year, compounded 
annually, from the date of service to the date of payment. 
 Subject to the limitation in subsection (i), a 
conservation police officer may elect to establish eligible 
creditable service for up to 5 years of service as a person 
employed by a participating municipality to perform police 
duties under Article 7, a county corrections officer, or a 
court services officer under Article 9 by filing a written 
election with the Board within 6 months after July 30, 2021 
(the effective date of Public Act 102-210) this amendatory Act 
of the 102nd General Assembly and paying to the System an 
amount to be determined by the Board equal to (i) the 
difference between the amount of employee and employer 
contributions transferred to the System under Sections 7-139.8 
and 9-121.10 and the amounts that would have been contributed 
had such contributions been made at the rates applicable to 
State policemen, plus (ii) interest thereon at the actuarially 
assumed rate for each year, compounded annually, from the date 
of service to the date of payment. 
 Notwithstanding the limitation in subsection (i), a State 
policeman or conservation police officer may elect to convert 
service credit earned under this Article to eligible 
creditable service, as defined by this Section, by filing a 
written election with the board within 6 months after July 30, 
2021 (the effective date of Public Act 102-210) this 
amendatory Act of the 102nd General Assembly and paying to the 
System an amount to be determined by the Board equal to (i) the 
difference between the amount of employee contributions 
originally paid for that service and the amounts that would 
have been contributed had such contributions been made at the 
rates applicable to State policemen, plus (ii) the difference 
between the employer's normal cost of the credit prior to the 
conversion authorized by Public Act 102-210 this amendatory 
Act of the 102nd General Assembly and the employer's normal 
cost of the credit converted in accordance with Public Act 
102-210 this amendatory Act of the 102nd General Assembly, 
plus (iii) interest thereon at the actuarially assumed rate 
for each year, compounded annually, from the date of service 
to the date of payment. 
 (i) The total amount of eligible creditable service 
established by any
person under subsections (g), (h), (j), 
(k), (l), (l-5), and (o) of this
Section shall not exceed 12 
years.

 (j) Subject to the limitation in subsection (i), an 
investigator for
the Office of the State's Attorneys Appellate 
Prosecutor or a controlled
substance inspector may elect to

establish eligible creditable service for up to 10 years of 
his service as
a policeman under Article 3 or a sheriff's law 
enforcement employee under
Article 7, by filing a written 
election with the Board, accompanied by
payment of an amount 
to be determined by the Board, equal to (1) the
difference 
between the amount of employee and employer contributions

transferred to the System under Section 3-110.6 or 7-139.8, 
and the amounts
that would have been contributed had such 
contributions been made at the
rates applicable to State 
policemen, plus (2) interest thereon at the
effective rate for 
each year, compounded annually, from the date of service
to 
the date of payment.

 (k) Subject to the limitation in subsection (i) of this 
Section, an
alternative formula employee may elect to 
establish eligible creditable
service for periods spent as a 
full-time law enforcement officer or full-time
corrections 
officer employed by the federal government or by a state or 
local
government located outside of Illinois, for which credit 
is not held in any
other public employee pension fund or 
retirement system. To obtain this
credit, the applicant must 
file a written application with the Board by March
31, 1998, 
accompanied by evidence of eligibility acceptable to the Board 
and
payment of an amount to be determined by the Board, equal 
to (1) employee
contributions for the credit being 
established, based upon the applicant's
salary on the first 
day as an alternative formula employee after the employment

for which credit is being established and the rates then 
applicable to
alternative formula employees, plus (2) an 
amount determined by the Board
to be the employer's normal 
cost of the benefits accrued for the credit being
established, 
plus (3) regular interest on the amounts in items (1) and (2) 
from
the first day as an alternative formula employee after 
the employment for which
credit is being established to the 
date of payment.

 (l) Subject to the limitation in subsection (i), a 
security employee of
the Department of Corrections may elect, 
not later than July 1, 1998, to
establish eligible creditable 
service for up to 10 years of his or her service
as a policeman 
under Article 3, by filing a written election with the Board,

accompanied by payment of an amount to be determined by the 
Board, equal to
(i) the difference between the amount of 
employee and employer contributions
transferred to the System 
under Section 3-110.5, and the amounts that would
have been 
contributed had such contributions been made at the rates 
applicable
to security employees of the Department of 
Corrections, plus (ii) interest
thereon at the effective rate 
for each year, compounded annually, from the date
of service 
to the date of payment.

 (l-5) Subject to the limitation in subsection (i) of this 
Section, a State policeman may elect to establish eligible 
creditable service for up to 5 years of service as a full-time 
law enforcement officer employed by the federal government or 
by a state or local government located outside of Illinois for 
which credit is not held in any other public employee pension 
fund or retirement system. To obtain this credit, the 
applicant must file a written application with the Board no 
later than 3 years after January 1, 2020 (the effective date of 
Public Act 101-610) this amendatory Act of the 101st General 
Assembly, accompanied by evidence of eligibility acceptable to 
the Board and payment of an amount to be determined by the 
Board, equal to (1) employee contributions for the credit 
being established, based upon the applicant's salary on the 
first day as an alternative formula employee after the 
employment for which credit is being established and the rates 
then applicable to alternative formula employees, plus (2) an 
amount determined by the Board to be the employer's normal 
cost of the benefits accrued for the credit being established, 
plus (3) regular interest on the amounts in items (1) and (2) 
from the first day as an alternative formula employee after 
the employment for which credit is being established to the 
date of payment. 
 (m) The amendatory changes to this Section made by Public 
Act 94-696 this amendatory Act of the 94th General Assembly 
apply only to: (1) security employees of the Department of 
Juvenile Justice employed by the Department of Corrections 
before June 1, 2006 (the effective date of Public Act 94-696) 
this amendatory Act of the 94th General Assembly and 
transferred to the Department of Juvenile Justice by Public 
Act 94-696 this amendatory Act of the 94th General Assembly; 
and (2) persons employed by the Department of Juvenile Justice 
on or after June 1, 2006 (the effective date of Public Act 
94-696) this amendatory Act of the 94th General Assembly who 
are required by subsection (b) of Section 3-2.5-15 of the 
Unified Code of Corrections to have any bachelor's or advanced 
degree from an accredited college or university or, in the 
case of persons who provide vocational training, who are 
required to have adequate knowledge in the skill for which 
they are providing the vocational training.

 (n) A person employed in a position under subsection (b) 
of this Section who has purchased service credit under 
subsection (j) of Section 14-104 or subsection (b) of Section 
14-105 in any other capacity under this Article may convert up 
to 5 years of that service credit into service credit covered 
under this Section by paying to the Fund an amount equal to (1) 
the additional employee contribution required under Section 
14-133, plus (2) the additional employer contribution required 
under Section 14-131, plus (3) interest on items (1) and (2) at 
the actuarially assumed rate from the date of the service to 
the date of payment. 
 (o) Subject to the limitation in subsection (i), a 
conservation police officer, investigator for the Secretary of 
State, Commerce Commission police officer, investigator for 
the Department of Revenue or the
Illinois Gaming Board, or 
arson investigator subject to subsection (g) of Section 1-160 
may elect to convert up to 8 years of service credit 
established before January 1, 2020 (the effective date of 
Public Act 101-610) this amendatory Act of the 101st General 
Assembly as a conservation police officer, investigator for 
the Secretary of State, Commerce Commission police officer, 
investigator for the Department of Revenue or the
Illinois 
Gaming Board, or arson investigator under this Article into 
eligible creditable service by filing a written election with 
the Board no later than one year after January 1, 2020 (the 
effective date of Public Act 101-610) this amendatory Act of 
the 101st General Assembly, accompanied by payment of an 
amount to be determined by the Board equal to (i) the 
difference between the amount of the employee contributions 
actually paid for that service and the amount of the employee 
contributions that would have been paid had the employee 
contributions been made as a noncovered employee serving in a 
position in which eligible creditable service, as defined in 
this Section, may be earned, plus (ii) interest thereon at the 
effective rate for each year, compounded annually, from the 
date of service to the date of payment.
(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 
102-538, eff. 8-20-21; revised 10-12-21.)




 (40 ILCS 5/16-158)
 (from Ch. 108 1/2, par. 16-158)


 Sec. 16-158. Contributions by State and other employing 
units. 

 (a) The State shall make contributions to the System by 
means of
appropriations from the Common School Fund and other 
State funds of amounts
which, together with other employer 
contributions, employee contributions,
investment income, and 
other income, will be sufficient to meet the cost of

maintaining and administering the System on a 90% funded basis 
in accordance
with actuarial recommendations.

 The Board shall determine the amount of State 
contributions required for
each fiscal year on the basis of 
the actuarial tables and other assumptions
adopted by the 
Board and the recommendations of the actuary, using the 
formula
in subsection (b-3).

 (a-1) Annually, on or before November 15 until November 
15, 2011, the Board shall certify to the
Governor the amount of 
the required State contribution for the coming fiscal
year. 
The certification under this subsection (a-1) shall include a 
copy of the actuarial recommendations
upon which it is based 
and shall specifically identify the System's projected State 
normal cost for that fiscal year.

 On or before May 1, 2004, the Board shall recalculate and 
recertify to
the Governor the amount of the required State 
contribution to the System for
State fiscal year 2005, taking 
into account the amounts appropriated to and
received by the 
System under subsection (d) of Section 7.2 of the General

Obligation Bond Act.

 On or before July 1, 2005, the Board shall recalculate and 
recertify
to the Governor the amount of the required State

contribution to the System for State fiscal year 2006, taking 
into account the changes in required State contributions made 
by Public Act 94-4.

 On or before April 1, 2011, the Board shall recalculate 
and recertify to the Governor the amount of the required State 
contribution to the System for State fiscal year 2011, 
applying the changes made by Public Act 96-889 to the System's 
assets and liabilities as of June 30, 2009 as though Public Act 
96-889 was approved on that date. 
 (a-5) On or before November 1 of each year, beginning 
November 1, 2012, the Board shall submit to the State Actuary, 
the Governor, and the General Assembly a proposed 
certification of the amount of the required State contribution 
to the System for the next fiscal year, along with all of the 
actuarial assumptions, calculations, and data upon which that 
proposed certification is based. On or before January 1 of 
each year, beginning January 1, 2013, the State Actuary shall 
issue a preliminary report concerning the proposed 
certification and identifying, if necessary, recommended 
changes in actuarial assumptions that the Board must consider 
before finalizing its certification of the required State 
contributions. On or before January 15, 2013 and each January 
15 thereafter, the Board shall certify to the Governor and the 
General Assembly the amount of the required State contribution 
for the next fiscal year. The Board's certification must note 
any deviations from the State Actuary's recommended changes, 
the reason or reasons for not following the State Actuary's 
recommended changes, and the fiscal impact of not following 
the State Actuary's recommended changes on the required State 
contribution. 
 (a-10) By November 1, 2017, the Board shall recalculate 
and recertify to the State Actuary, the Governor, and the 
General Assembly the amount of the State contribution to the 
System for State fiscal year 2018, taking into account the 
changes in required State contributions made by Public Act 
100-23. The State Actuary shall review the assumptions and 
valuations underlying the Board's revised certification and 
issue a preliminary report concerning the proposed 
recertification and identifying, if necessary, recommended 
changes in actuarial assumptions that the Board must consider 
before finalizing its certification of the required State 
contributions. The Board's final certification must note any 
deviations from the State Actuary's recommended changes, the 
reason or reasons for not following the State Actuary's 
recommended changes, and the fiscal impact of not following 
the State Actuary's recommended changes on the required State 
contribution. 
 (a-15) On or after June 15, 2019, but no later than June 
30, 2019, the Board shall recalculate and recertify to the 
Governor and the General Assembly the amount of the State 
contribution to the System for State fiscal year 2019, taking 
into account the changes in required State contributions made 
by Public Act 100-587. The recalculation shall be made using 
assumptions adopted by the Board for the original fiscal year 
2019 certification. The monthly voucher for the 12th month of 
fiscal year 2019 shall be paid by the Comptroller after the 
recertification required pursuant to this subsection is 
submitted to the Governor, Comptroller, and General Assembly. 
The recertification submitted to the General Assembly shall be 
filed with the Clerk of the House of Representatives and the 
Secretary of the Senate in electronic form only, in the manner 
that the Clerk and the Secretary shall direct. 
 (b) Through State fiscal year 1995, the State 
contributions shall be
paid to the System in accordance with 
Section 18-7 of the School Code.

 (b-1) Beginning in State fiscal year 1996, on the 15th day 
of each month,
or as soon thereafter as may be practicable, the 
Board shall submit vouchers
for payment of State contributions 
to the System, in a total monthly amount of
one-twelfth of the 
required annual State contribution certified under
subsection 
(a-1).
From March 5, 2004 (the
effective date of Public Act 
93-665)
through June 30, 2004, the Board shall not submit 
vouchers for the
remainder of fiscal year 2004 in excess of the 
fiscal year 2004
certified contribution amount determined 
under this Section
after taking into consideration the 
transfer to the System
under subsection (a) of Section 6z-61 
of the State Finance Act.
These vouchers shall be paid by the 
State Comptroller and
Treasurer by warrants drawn on the funds 
appropriated to the System for that
fiscal year.

 If in any month the amount remaining unexpended from all 
other appropriations
to the System for the applicable fiscal 
year (including the appropriations to
the System under Section 
8.12 of the State Finance Act and Section 1 of the
State 
Pension Funds Continuing Appropriation Act) is less than the 
amount
lawfully vouchered under this subsection, the 
difference shall be paid from the
Common School Fund under the 
continuing appropriation authority provided in
Section 1.1 of 
the State Pension Funds Continuing Appropriation Act.

 (b-2) Allocations from the Common School Fund apportioned 
to school
districts not coming under this System shall not be 
diminished or affected by
the provisions of this Article.

 (b-3) For State fiscal years 2012 through 2045, the 
minimum contribution
to the System to be made by the State for 
each fiscal year shall be an amount
determined by the System to 
be sufficient to bring the total assets of the
System up to 90% 
of the total actuarial liabilities of the System by the end of

State fiscal year 2045. In making these determinations, the 
required State
contribution shall be calculated each year as a 
level percentage of payroll
over the years remaining to and 
including fiscal year 2045 and shall be
determined under the 
projected unit credit actuarial cost method.

 For each of State fiscal years 2018, 2019, and 2020, the 
State shall make an additional contribution to the System 
equal to 2% of the total payroll of each employee who is deemed 
to have elected the benefits under Section 1-161 or who has 
made the election under subsection (c) of Section 1-161. 
 A change in an actuarial or investment assumption that 
increases or
decreases the required State contribution and 
first
applies in State fiscal year 2018 or thereafter shall be

implemented in equal annual amounts over a 5-year period

beginning in the State fiscal year in which the actuarial

change first applies to the required State contribution.
 A change in an actuarial or investment assumption that 
increases or
decreases the required State contribution and 
first
applied to the State contribution in fiscal year 2014, 
2015, 2016, or 2017 shall be
implemented:
  (i) as already applied in State fiscal years before 
 2018; and
  (ii) in the portion of the 5-year period beginning in 
 the State fiscal year in which the actuarial
change first 
 applied that occurs in State fiscal year 2018 or 
 thereafter, by calculating the change in equal annual 
 amounts over that 5-year period and then implementing it 
 at the resulting annual rate in each of the remaining 
 fiscal years in that 5-year period.
 For State fiscal years 1996 through 2005, the State 
contribution to the
System, as a percentage of the applicable 
employee payroll, shall be increased
in equal annual 
increments so that by State fiscal year 2011, the State is

contributing at the rate required under this Section; except 
that in the
following specified State fiscal years, the State 
contribution to the System
shall not be less than the 
following indicated percentages of the applicable
employee 
payroll, even if the indicated percentage will produce a State

contribution in excess of the amount otherwise required under 
this subsection
and subsection (a), and notwithstanding any 
contrary certification made under
subsection (a-1) before May 
27, 1998 (the effective date of Public Act 90-582):
10.02% in 
FY 1999;
10.77% in FY 2000;
11.47% in FY 2001;
12.16% in FY 
2002;
12.86% in FY 2003; and
13.56% in FY 2004.

 Notwithstanding any other provision of this Article, the 
total required State
contribution for State fiscal year 2006 
is $534,627,700.

 Notwithstanding any other provision of this Article, the 
total required State
contribution for State fiscal year 2007 
is $738,014,500.

 For each of State fiscal years 2008 through 2009, the 
State contribution to
the System, as a percentage of the 
applicable employee payroll, shall be
increased in equal 
annual increments from the required State contribution for 
State fiscal year 2007, so that by State fiscal year 2011, the

State is contributing at the rate otherwise required under 
this Section.

 Notwithstanding any other provision of this Article, the 
total required State contribution for State fiscal year 2010 
is $2,089,268,000 and shall be made from the proceeds of bonds 
sold in fiscal year 2010 pursuant to Section 7.2 of the General 
Obligation Bond Act, less (i) the pro rata share of bond sale 
expenses determined by the System's share of total bond 
proceeds, (ii) any amounts received from the Common School 
Fund in fiscal year 2010, and (iii) any reduction in bond 
proceeds due to the issuance of discounted bonds, if 
applicable. 
 Notwithstanding any other provision of this Article, the

total required State contribution for State fiscal year 2011 
is
the amount recertified by the System on or before April 1, 
2011 pursuant to subsection (a-1) of this Section and shall be 
made from the proceeds of bonds
sold in fiscal year 2011 
pursuant to Section 7.2 of the General
Obligation Bond Act, 
less (i) the pro rata share of bond sale
expenses determined by 
the System's share of total bond
proceeds, (ii) any amounts 
received from the Common School Fund
in fiscal year 2011, and 
(iii) any reduction in bond proceeds
due to the issuance of 
discounted bonds, if applicable. This amount shall include, in 
addition to the amount certified by the System, an amount 
necessary to meet employer contributions required by the State 
as an employer under paragraph (e) of this Section, which may 
also be used by the System for contributions required by 
paragraph (a) of Section 16-127. 
 Beginning in State fiscal year 2046, the minimum State 
contribution for
each fiscal year shall be the amount needed 
to maintain the total assets of
the System at 90% of the total 
actuarial liabilities of the System.

 Amounts received by the System pursuant to Section 25 of 
the Budget Stabilization Act or Section 8.12 of the State 
Finance Act in any fiscal year do not reduce and do not 
constitute payment of any portion of the minimum State 
contribution required under this Article in that fiscal year. 
Such amounts shall not reduce, and shall not be included in the 
calculation of, the required State contributions under this 
Article in any future year until the System has reached a 
funding ratio of at least 90%. A reference in this Article to 
the "required State contribution" or any substantially similar 
term does not include or apply to any amounts payable to the 
System under Section 25 of the Budget Stabilization Act.
 Notwithstanding any other provision of this Section, the 
required State
contribution for State fiscal year 2005 and for 
fiscal year 2008 and each fiscal year thereafter, as

calculated under this Section and
certified under subsection 
(a-1), shall not exceed an amount equal to (i) the
amount of 
the required State contribution that would have been 
calculated under
this Section for that fiscal year if the 
System had not received any payments
under subsection (d) of 
Section 7.2 of the General Obligation Bond Act, minus
(ii) the 
portion of the State's total debt service payments for that 
fiscal
year on the bonds issued in fiscal year 2003 for the 
purposes of that Section 7.2, as determined
and certified by 
the Comptroller, that is the same as the System's portion of

the total moneys distributed under subsection (d) of Section 
7.2 of the General
Obligation Bond Act. In determining this 
maximum for State fiscal years 2008 through 2010, however, the 
amount referred to in item (i) shall be increased, as a 
percentage of the applicable employee payroll, in equal 
increments calculated from the sum of the required State 
contribution for State fiscal year 2007 plus the applicable 
portion of the State's total debt service payments for fiscal 
year 2007 on the bonds issued in fiscal year 2003 for the 
purposes of Section 7.2 of the General
Obligation Bond Act, so 
that, by State fiscal year 2011, the
State is contributing at 
the rate otherwise required under this Section.

 (b-4) Beginning in fiscal year 2018, each employer under 
this Article shall pay to the System a required contribution 
determined as a percentage of projected payroll and sufficient 
to produce an annual amount equal to:
  (i) for each of fiscal years 2018, 2019, and 2020, the 
 defined benefit normal cost of the defined benefit plan, 
 less the employee contribution, for each employee of that 
 employer who has elected or who is deemed to have elected 
 the benefits under Section 1-161 or who has made the 
 election under subsection (b) of Section 1-161; for fiscal 
 year 2021 and each fiscal year thereafter, the defined 
 benefit normal cost of the defined benefit plan, less the 
 employee contribution, plus 2%, for each employee of that 
 employer who has elected or who is deemed to have elected 
 the benefits under Section 1-161 or who has made the 
 election under subsection (b) of Section 1-161; plus
  (ii) the amount required for that fiscal year to 
 amortize any unfunded actuarial accrued liability 
 associated with the present value of liabilities 
 attributable to the employer's account under Section 
 16-158.3, determined
as a level percentage of payroll over 
 a 30-year rolling amortization period.
 In determining contributions required under item (i) of 
this subsection, the System shall determine an aggregate rate 
for all employers, expressed as a percentage of projected 
payroll. 
 In determining the contributions required under item (ii) 
of this subsection, the amount shall be computed by the System 
on the basis of the actuarial assumptions and tables used in 
the most recent actuarial valuation of the System that is 
available at the time of the computation. 
 The contributions required under this subsection (b-4) 
shall be paid by an employer concurrently with that employer's 
payroll payment period. The State, as the actual employer of 
an employee, shall make the required contributions under this 
subsection. 
 (c) Payment of the required State contributions and of all 
pensions,
retirement annuities, death benefits, refunds, and 
other benefits granted
under or assumed by this System, and 
all expenses in connection with the
administration and 
operation thereof, are obligations of the State.

 If members are paid from special trust or federal funds 
which are
administered by the employing unit, whether school 
district or other
unit, the employing unit shall pay to the 
System from such
funds the full accruing retirement costs 
based upon that
service, which, beginning July 1, 2017, shall 
be at a rate, expressed as a percentage of salary, equal to the 
total employer's normal cost, expressed as a percentage of 
payroll, as determined by the System. Employer contributions, 
based on
salary paid to members from federal funds, may be 
forwarded by the distributing
agency of the State of Illinois 
to the System prior to allocation, in an
amount determined in 
accordance with guidelines established by such
agency and the 
System. Any contribution for fiscal year 2015 collected as a 
result of the change made by Public Act 98-674 shall be 
considered a State contribution under subsection (b-3) of this 
Section. 

 (d) Effective July 1, 1986, any employer of a teacher as 
defined in
paragraph (8) of Section 16-106 shall pay the 
employer's normal cost
of benefits based upon the teacher's 
service, in addition to
employee contributions, as determined 
by the System. Such employer
contributions shall be forwarded 
monthly in accordance with guidelines
established by the 
System.

 However, with respect to benefits granted under Section 
16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) 
of Section 16-106, the
employer's contribution shall be 12% 
(rather than 20%) of the member's
highest annual salary rate 
for each year of creditable service granted, and
the employer 
shall also pay the required employee contribution on behalf of

the teacher. For the purposes of Sections 16-133.4 and 
16-133.5, a teacher
as defined in paragraph (8) of Section 
16-106 who is serving in that capacity
while on leave of 
absence from another employer under this Article shall not
be 
considered an employee of the employer from which the teacher 
is on leave.

 (e) Beginning July 1, 1998, every employer of a teacher

shall pay to the System an employer contribution computed as 
follows:

  (1) Beginning July 1, 1998 through June 30, 1999, the 
 employer
contribution shall be equal to 0.3% of each 
 teacher's salary.

  (2) Beginning July 1, 1999 and thereafter, the 
 employer
contribution shall be equal to 0.58% of each 
 teacher's salary.

The school district or other employing unit may pay these 
employer
contributions out of any source of funding available 
for that purpose and
shall forward the contributions to the 
System on the schedule established
for the payment of member 
contributions.

 These employer contributions are intended to offset a 
portion of the cost
to the System of the increases in 
retirement benefits resulting from Public Act 90-582.

 Each employer of teachers is entitled to a credit against 
the contributions
required under this subsection (e) with 
respect to salaries paid to teachers
for the period January 1, 
2002 through June 30, 2003, equal to the amount paid
by that 
employer under subsection (a-5) of Section 6.6 of the State 
Employees
Group Insurance Act of 1971 with respect to salaries 
paid to teachers for that
period.

 The additional 1% employee contribution required under 
Section 16-152 by Public Act 90-582
is the responsibility of 
the teacher and not the
teacher's employer, unless the 
employer agrees, through collective bargaining
or otherwise, 
to make the contribution on behalf of the teacher.

 If an employer is required by a contract in effect on May 
1, 1998 between the
employer and an employee organization to 
pay, on behalf of all its full-time
employees
covered by this 
Article, all mandatory employee contributions required under

this Article, then the employer shall be excused from paying 
the employer
contribution required under this subsection (e) 
for the balance of the term
of that contract. The employer and 
the employee organization shall jointly
certify to the System 
the existence of the contractual requirement, in such
form as 
the System may prescribe. This exclusion shall cease upon the

termination, extension, or renewal of the contract at any time 
after May 1,
1998.

 (f) If the amount of a teacher's salary for any school year 
used to determine final average salary exceeds the member's 
annual full-time salary rate with the same employer for the 
previous school year by more than 6%, the teacher's employer 
shall pay to the System, in addition to all other payments 
required under this Section and in accordance with guidelines 
established by the System, the present value of the increase 
in benefits resulting from the portion of the increase in 
salary that is in excess of 6%. This present value shall be 
computed by the System on the basis of the actuarial 
assumptions and tables used in the most recent actuarial 
valuation of the System that is available at the time of the 
computation. If a teacher's salary for the 2005-2006 school 
year is used to determine final average salary under this 
subsection (f), then the changes made to this subsection (f) 
by Public Act 94-1057 shall apply in calculating whether the 
increase in his or her salary is in excess of 6%. For the 
purposes of this Section, change in employment under Section 
10-21.12 of the School Code on or after June 1, 2005 shall 
constitute a change in employer. The System may require the 
employer to provide any pertinent information or 
documentation.
The changes made to this subsection (f) by 
Public Act 94-1111 apply without regard to whether the teacher 
was in service on or after its effective date.

 Whenever it determines that a payment is or may be 
required under this subsection, the System shall calculate the 
amount of the payment and bill the employer for that amount. 
The bill shall specify the calculations used to determine the 
amount due. If the employer disputes the amount of the bill, it 
may, within 30 days after receipt of the bill, apply to the 
System in writing for a recalculation. The application must 
specify in detail the grounds of the dispute and, if the 
employer asserts that the calculation is subject to subsection 
(g), (g-5), (g-10), (g-15), or (h) of this Section, must 
include an affidavit setting forth and attesting to all facts 
within the employer's knowledge that are pertinent to the 
applicability of that subsection. Upon receiving a timely 
application for recalculation, the System shall review the 
application and, if appropriate, recalculate the amount due.


 The employer contributions required under this subsection 
(f) may be paid in the form of a lump sum within 90 days after 
receipt of the bill. If the employer contributions are not 
paid within 90 days after receipt of the bill, then interest 
will be charged at a rate equal to the System's annual 
actuarially assumed rate of return on investment compounded 
annually from the 91st day after receipt of the bill. Payments 
must be concluded within 3 years after the employer's receipt 
of the bill.

 (f-1) (Blank).
 (g) This subsection (g) applies only to payments made or 
salary increases given on or after June 1, 2005 but before July 
1, 2011. The changes made by Public Act 94-1057 shall not 
require the System to refund any payments received before
July 
31, 2006 (the effective date of Public Act 94-1057).
 When assessing payment for any amount due under subsection 
(f), the System shall exclude salary increases paid to 
teachers under contracts or collective bargaining agreements 
entered into, amended, or renewed before June 1, 2005.

 When assessing payment for any amount due under subsection 
(f), the System shall exclude salary increases paid to a 
teacher at a time when the teacher is 10 or more years from 
retirement eligibility under Section 16-132 or 16-133.2.

 When assessing payment for any amount due under subsection 
(f), the System shall exclude salary increases resulting from 
overload work, including summer school, when the school 
district has certified to the System, and the System has 
approved the certification, that (i) the overload work is for 
the sole purpose of classroom instruction in excess of the 
standard number of classes for a full-time teacher in a school 
district during a school year and (ii) the salary increases 
are equal to or less than the rate of pay for classroom 
instruction computed on the teacher's current salary and work 
schedule.

 When assessing payment for any amount due under subsection 
(f), the System shall exclude a salary increase resulting from 
a promotion (i) for which the employee is required to hold a 
certificate or supervisory endorsement issued by the State 
Teacher Certification Board that is a different certification 
or supervisory endorsement than is required for the teacher's 
previous position and (ii) to a position that has existed and 
been filled by a member for no less than one complete academic 
year and the salary increase from the promotion is an increase 
that results in an amount no greater than the lesser of the 
average salary paid for other similar positions in the 
district requiring the same certification or the amount 
stipulated in the collective bargaining agreement for a 
similar position requiring the same certification.

 When assessing payment for any amount due under subsection 
(f), the System shall exclude any payment to the teacher from 
the State of Illinois or the State Board of Education over 
which the employer does not have discretion, notwithstanding 
that the payment is included in the computation of final 
average salary.

 (g-5) When assessing payment for any amount due under 
subsection (f), the System shall exclude salary increases 
resulting from overload or stipend work performed in a school 
year subsequent to a school year in which the employer was 
unable to offer or allow to be conducted overload or stipend 
work due to an emergency declaration limiting such activities.
 (g-10) When assessing payment for any amount due under 
subsection (f), the System shall exclude salary increases 
resulting from increased instructional time that exceeded the 
instructional time required during the 2019-2020 school year. 
 (g-15) (g-5) When assessing payment for any amount due 
under subsection (f), the System shall exclude salary 
increases resulting from teaching summer school on or after 
May 1, 2021 and before September 15, 2022. 
 (h) When assessing payment for any amount due under 
subsection (f), the System shall exclude any salary increase 
described in subsection (g) of this Section given on or after 
July 1, 2011 but before July 1, 2014 under a contract or 
collective bargaining agreement entered into, amended, or 
renewed on or after June 1, 2005 but before July 1, 2011. 
Notwithstanding any other provision of this Section, any 
payments made or salary increases given after June 30, 2014 
shall be used in assessing payment for any amount due under 
subsection (f) of this Section.

 (i) The System shall prepare a report and file copies of 
the report with the Governor and the General Assembly by 
January 1, 2007 that contains all of the following 
information:
  (1) The number of recalculations required by the 
 changes made to this Section by Public Act 94-1057 for 
 each employer.
  (2) The dollar amount by which each employer's 
 contribution to the System was changed due to 
 recalculations required by Public Act 94-1057.
  (3) The total amount the System received from each 
 employer as a result of the changes made to this Section by 
 Public Act 94-4.
  (4) The increase in the required State contribution 
 resulting from the changes made to this Section by Public 
 Act 94-1057.

 (i-5) For school years beginning on or after July 1, 2017, 
if the amount of a participant's salary for any school year 
exceeds the amount of the salary set for the Governor, the 
participant's employer shall pay to the System, in addition to 
all other payments required under this Section and in 
accordance with guidelines established by the System, an 
amount determined by the System to be equal to the employer 
normal cost, as established by the System and expressed as a 
total percentage of payroll, multiplied by the amount of 
salary in excess of the amount of the salary set for the 
Governor. This amount shall be computed by the System on the 
basis of the actuarial assumptions and tables used in the most 
recent actuarial valuation of the System that is available at 
the time of the computation. The System may require the 
employer to provide any pertinent information or 
documentation.
 Whenever it determines that a payment is or may be 
required under this subsection, the System shall calculate the 
amount of the payment and bill the employer for that amount. 
The bill shall specify the calculations used to determine the 
amount due. If the employer disputes the amount of the bill, it 
may, within 30 days after receipt of the bill, apply to the 
System in writing for a recalculation. The application must 
specify in detail the grounds of the dispute. Upon receiving a 
timely application for recalculation, the System shall review 
the application and, if appropriate, recalculate the amount 
due. 
 The employer contributions required under this subsection 
may be paid in the form of a lump sum within 90 days after 
receipt of the bill. If the employer contributions are not 
paid within 90 days after receipt of the bill, then interest 
will be charged at a rate equal to the System's annual 
actuarially assumed rate of return on investment compounded 
annually from the 91st day after receipt of the bill. Payments 
must be concluded within 3 years after the employer's receipt 
of the bill. 
 (j) For purposes of determining the required State 
contribution to the System, the value of the System's assets 
shall be equal to the actuarial value of the System's assets, 
which shall be calculated as follows:
 As of June 30, 2008, the actuarial value of the System's 
assets shall be equal to the market value of the assets as of 
that date. In determining the actuarial value of the System's 
assets for fiscal years after June 30, 2008, any actuarial 
gains or losses from investment return incurred in a fiscal 
year shall be recognized in equal annual amounts over the 
5-year period following that fiscal year. 
 (k) For purposes of determining the required State 
contribution to the system for a particular year, the 
actuarial value of assets shall be assumed to earn a rate of 
return equal to the system's actuarially assumed rate of 
return. 
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 
102-16, eff. 6-17-21; 102-525, eff. 8-20-21; 102-558, eff. 
8-20-21; revised 10-21-21.)


 (40 ILCS 5/16-203)

 Sec. 16-203. Application and expiration of new benefit 
increases.
 (a) As used in this Section, "new benefit increase" means 
an increase in the amount of any benefit provided under this 
Article, or an expansion of the conditions of eligibility for 
any benefit under this Article, that results from an amendment 
to this Code that takes effect after June 1, 2005 (the 
effective date of Public Act 94-4). "New benefit increase", 
however, does not include any benefit increase resulting from 
the changes made to Article 1 or this Article by Public Act 
95-910, Public Act 100-23, Public Act 100-587, Public Act 
100-743, Public Act 100-769, Public Act 101-10, or Public Act 
101-49, or Public Act 102-16 this amendatory Act of the 102nd 
General Assembly.
 (b) Notwithstanding any other provision of this Code or 
any subsequent amendment to this Code, every new benefit 
increase is subject to this Section and shall be deemed to be 
granted only in conformance with and contingent upon 
compliance with the provisions of this Section.

 (c) The Public Act enacting a new benefit increase must 
identify and provide for payment to the System of additional 
funding at least sufficient to fund the resulting annual 
increase in cost to the System as it accrues.
 Every new benefit increase is contingent upon the General 
Assembly providing the additional funding required under this 
subsection. The Commission on Government Forecasting and 
Accountability shall analyze whether adequate additional 
funding has been provided for the new benefit increase and 
shall report its analysis to the Public Pension Division of 
the Department of Insurance. A new benefit increase created by 
a Public Act that does not include the additional funding 
required under this subsection is null and void. If the Public 
Pension Division determines that the additional funding 
provided for a new benefit increase under this subsection is 
or has become inadequate, it may so certify to the Governor and 
the State Comptroller and, in the absence of corrective action 
by the General Assembly, the new benefit increase shall expire 
at the end of the fiscal year in which the certification is 
made.

 (d) Every new benefit increase shall expire 5 years after 
its effective date or on such earlier date as may be specified 
in the language enacting the new benefit increase or provided 
under subsection (c). This does not prevent the General 
Assembly from extending or re-creating a new benefit increase 
by law.
 (e) Except as otherwise provided in the language creating 
the new benefit increase, a new benefit increase that expires 
under this Section continues to apply to persons who applied 
and qualified for the affected benefit while the new benefit 
increase was in effect and to the affected beneficiaries and 
alternate payees of such persons, but does not apply to any 
other person, including, without limitation, a person who 
continues in service after the expiration date and did not 
apply and qualify for the affected benefit while the new 
benefit increase was in effect.

(Source: P.A. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19; 
101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff. 
8-20-21; revised 10-15-21.)

 Section 270. The Public Officer Prohibited Activities Act 
is amended by changing Section 4.1 as follows:

 (50 ILCS 105/4.1)
 Sec. 4.1. Retaliation against a whistleblower.
 (a) It is prohibited for a unit of local government, any 
agent or representative of a unit of local government, or 
another employee to retaliate against an employee or 
contractor who:
  (1) reports an improper governmental action under this 
 Section;
  (2) cooperates with an investigation by an auditing 
 official related to a report of improper governmental 
 action; or
  (3) testifies in a proceeding or prosecution arising 
 out of an improper governmental action.
 (b) To invoke the protections of this Section, an employee 
shall make a written report of improper governmental action to 
the appropriate auditing official. An employee who believes he 
or she has been retaliated against in violation of this 
Section must submit a written report to the auditing official 
within 60 days of gaining knowledge of the retaliatory action. 
If the auditing official is the individual doing the improper 
governmental action, then a report under this subsection may 
be submitted to any State's Attorney.
 (c) Each auditing official shall establish written 
processes and procedures for managing complaints filed under 
this Section, and each auditing official shall investigate and 
dispose of reports of improper governmental action in 
accordance with these processes and procedures.
If an auditing 
official concludes that an improper governmental action has 
taken place or concludes that the relevant unit of local 
government, department, agency, or supervisory officials have 
hindered the auditing official's investigation into the 
report, the auditing official shall notify in writing the 
chief executive of the unit of local government and any other 
individual or entity the auditing official deems necessary in 
the circumstances.
 (d) An auditing official may transfer a report of improper 
governmental action to another auditing official for 
investigation if an auditing official deems it appropriate, 
including, but not limited to, the appropriate State's 
Attorney.
 (e) To the extent allowed by law, the identity of an 
employee reporting information about an improper governmental 
action shall be kept confidential unless the employee waives 
confidentiality in writing. Auditing officials may take 
reasonable measures to protect employees who reasonably 
believe they may be subject to bodily harm for reporting 
improper government action.
 (f) The following remedies are available to employees 
subjected to adverse actions for reporting improper government 
action:
  (1) Auditing officials may reinstate, reimburse for 
 lost wages or expenses incurred, promote, or provide some 
 other form of restitution.
  (2) In instances where an auditing official determines 
 that restitution will not suffice, the auditing official 
 may make his or her investigation findings available for 
 the purposes of aiding in that employee or the employee's 
 attorney's effort to make the employee whole.
 (g) A person who engages in prohibited retaliatory action 
under subsection (a) is subject to the following penalties: a 
fine of no less than $500 and no more than $5,000, suspension 
without pay, demotion, discharge, civil or criminal 
prosecution, or any combination of these penalties, as 
appropriate.
 (h) Every employee shall receive a written summary or a 
complete copy of this Section upon commencement of employment 
and at least once each year of employment. At the same time, 
the employee shall also receive a copy of the written 
processes and procedures for reporting improper governmental 
actions from the applicable auditing official.
 (i) As used in this Section:
 "Auditing official" means any elected, appointed, or hired 
individual, by whatever name, in a unit of local government 
whose duties are similar to, but not limited to, receiving, 
registering, and investigating complaints and information 
concerning misconduct, inefficiency, and waste within the unit 
of local government; investigating the performance of 
officers, employees, functions, and programs; and promoting 
economy, efficiency, effectiveness and integrity in the 
administration of the programs and operations of the 
municipality. If a unit of local government does not have an 
"auditing official", the "auditing official" shall be a 
State's Attorney of the county in which the unit of local 
government is located within.
 "Employee" means anyone employed by a unit of local 
government, whether in a permanent or temporary position, 
including full-time, part-time, and intermittent workers. 
"Employee" also includes members of appointed boards or 
commissions, whether or not paid. "Employee" also includes 
persons who have been terminated because of any report or 
complaint submitted under this Section.
 "Improper governmental action" means any action by a unit 
of local government employee, an appointed member of a board, 
commission, or committee, or an elected official of the unit 
of local government that is undertaken in violation of a 
federal, State, or unit of local government law or rule; is an 
abuse of authority; violates the public's trust or expectation 
of his or her conduct; is of substantial and specific danger to 
the public's health or safety; or is a gross waste of public 
funds. The action need not be within the scope of the 
employee's, elected official's, board member's, commission 
member's, or committee member's official duties to be subject 
to a claim of "improper governmental action". "Improper 
governmental action" does not include a unit of local 
government personnel actions, including, but not limited to 
employee grievances, complaints, appointments, promotions, 
transfers, assignments, reassignments, reinstatements, 
restorations, reemployment, performance evaluations, 
reductions in pay, dismissals, suspensions, demotions, 
reprimands, or violations of collective bargaining agreements, 
except to the extent that the action amounts to retaliation.
 "Retaliate", "retaliation", or "retaliatory action" means 
any adverse change in an employee's employment status or the 
terms and conditions of employment that results from an 
employee's protected activity under this Section. "Retaliatory 
action" includes, but is not limited to, denial of adequate 
staff to perform duties; frequent staff changes; frequent and 
undesirable office changes; refusal to assign meaningful work; 
unsubstantiated letters of reprimand or unsatisfactory 
performance evaluations; demotion; reduction in pay; denial of 
promotion; transfer or reassignment; suspension or dismissal; 
or other disciplinary action made because of an employee's 
protected activity under this Section.

(Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.)

 Section 275. The Illinois Police Training Act is amended 
by changing Sections 9 and 10.18 as follows:



 (50 ILCS 705/9) (from Ch. 85, par. 509)



 Sec. 9. 
A special fund is hereby established in the State 
Treasury to
be known as the Traffic and Criminal Conviction 
Surcharge Fund. Moneys in this Fund shall be
expended as 
follows:

  (1) a portion of the total amount deposited in the 
 Fund may be used, as
appropriated by the General Assembly, 
 for the ordinary and contingent expenses
of the Illinois 
 Law Enforcement Training Standards Board;

  (2) a portion of the total amount deposited in the 
 Fund
shall be appropriated for the reimbursement of local 
 governmental agencies
participating in training programs 
 certified by the Board, in an amount
equaling 1/2 of the 
 total sum paid by such agencies during the State's 
 previous
fiscal year for mandated training for 
 probationary law enforcement officers or
probationary 
 county corrections officers and for optional advanced and

 specialized law enforcement or county corrections 
 training; these
reimbursements may include the costs for 
 tuition at training schools, the
salaries of trainees 
 while in schools, and the necessary travel and room
and 
 board expenses for each trainee; if the appropriations 
 under this
paragraph (2) are not sufficient to fully 
 reimburse the participating local
governmental agencies, 
 the available funds shall be apportioned among such

 agencies, with priority first given to repayment of the 
 costs of mandatory
training given to law enforcement 
 officer or county corrections officer
recruits, then to 
 repayment of costs of advanced or specialized training
for 
 permanent law enforcement officers or permanent county 
 corrections officers;

  (3) a portion of the total amount deposited in the 
 Fund may be used to
fund the Intergovernmental Law 
 Enforcement Officer's In-Service Training
Act, veto 
 overridden October 29, 1981, as now or hereafter amended, 
 at
a rate and method to be determined by the board;

  (4) a portion of the Fund also may be used by the 
 Illinois State Police for expenses incurred in the 
 training of employees from
any State, county, or municipal 
 agency whose function includes enforcement
of criminal or 
 traffic law;

  (5) a portion of the Fund may be used by the Board to 
 fund grant-in-aid
programs and services for the training 
 of employees from any county or
municipal agency whose 
 functions include corrections or the enforcement of

 criminal or traffic
law;

  (6) for fiscal years 2013 through 2017 only, a portion 
 of the Fund also may be used by the
Department of State 
 Police to finance any of its lawful purposes or functions; 
  (7) a portion of the Fund may be used by the Board, 
 subject to appropriation, to administer grants to local 
 law enforcement agencies for the purpose of purchasing 
 bulletproof vests under the Law Enforcement Officer 
 Bulletproof Vest Act; and 
  (8) a portion of the Fund may be used by the Board to 
 create a law enforcement grant program available for units 
 of local government to fund crime prevention programs, 
 training, and interdiction efforts, including enforcement 
 and prevention efforts, relating to the illegal cannabis 
 market and driving under the influence of cannabis. 
 All payments from the Traffic and Criminal Conviction 
Surcharge Fund shall
be made each year from moneys 
appropriated for the purposes specified in
this Section. No 
more than 50% of any appropriation under this Act shall be

spent in any city having a population of more than 500,000. The 
State
Comptroller and the State Treasurer shall from time to 
time, at the
direction of the Governor, transfer from the 
Traffic and Criminal
Conviction Surcharge Fund to the General 
Revenue Fund in the State Treasury
such amounts as the 
Governor determines are in excess of the amounts
required to 
meet the obligations of the Traffic and Criminal Conviction

Surcharge Fund.

(Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 10-5-21.)


 (50 ILCS 705/10.18)
 Sec. 10.18. Training; administration of opioid 
antagonists. The Board shall conduct or approve an in-service 
training program for law enforcement officers in the 
administration of opioid antagonists as defined in paragraph 
(1) of subsection (e) of Section 5-23 of the Substance Use 
Disorder Act that is in accordance with that Section. As used 
in this Section, the term "law enforcement officers" includes 
full-time or part-time probationary law enforcement officers, 
permanent or part-time law enforcement officers, law 
enforcement officers, recruits, permanent or probationary 
county corrections officers, permanent or probationary county 
security officers, and court security officers. The term does 
not include auxiliary police officers as defined in Section 
3.1-30-20 of the Illinois Municipal Code.

(Source: P.A. 100-759, eff. 1-1-19; 101-652, eff. 1-1-22; 
revised 11-24-21.)

 Section 280. The Uniform Crime Reporting Act is amended by 
changing Sections 5-10, 5-11, 5-12, and 5-20 as follows:

 (50 ILCS 709/5-10)

 Sec. 5-10. Central repository of crime statistics. The 
Illinois State Police shall be a central repository and 
custodian of crime statistics for the State and shall have all 
the power necessary to carry out the purposes of this Act, 
including the power to demand and receive cooperation in the 
submission of crime statistics from all law enforcement 
agencies. All data and information provided to the Illinois 
State Police under this Act must be provided in a manner and 
form prescribed by the Illinois State Police. On an annual 
basis, the Illinois State Police shall make available 
compilations of crime statistics and monthly reporting 
required to be reported by each law enforcement agency.

(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; 
revised 10-15-21.)

 (50 ILCS 709/5-11)
 Sec. 5-11. FBI National Use of Force Database. The 
Illinois State Police Department shall participate in and 
regularly submit use of force information to the Federal 
Bureau of Investigation (FBI) National Use of Force Database. 
Within 90 days of July 1, 2021 (the effective date of Public 
Act 101-652) this amendatory Act, the Illinois State Police 
Department shall promulgate rules outlining the use of force 
information required for submission to the Database, which 
shall be submitted monthly by law enforcement agencies under 
Section 5-12.

(Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.)

 (50 ILCS 709/5-12)
 Sec. 5-12. Monthly reporting. All law enforcement agencies 
shall submit to the Illinois State Police on a monthly basis 
the following:
  (1) beginning January 1, 2016, a report on any 
 arrest-related death that shall include information 
 regarding the deceased, the officer, any weapon used by 
 the officer or the deceased, and the circumstances of the 
 incident. The Illinois State Police shall submit on a 
 quarterly basis all information collected under this 
 paragraph (1) to the Illinois Criminal Justice Information 
 Authority, contingent upon updated federal guidelines 
 regarding the Uniform Crime Reporting Program;
  (2) beginning January 1, 2017, a report on any 
 instance when a law enforcement officer discharges his or 
 her firearm causing a non-fatal injury to a person, during 
 the performance of his or her official duties or in the 
 line of duty;
  (3) a report of incident-based information on hate 
 crimes including information describing the offense, 
 location of the offense, type of victim, offender, and 
 bias motivation. If no hate crime incidents occurred 
 during a reporting month, the law enforcement agency must 
 submit a no incident record, as required by the Illinois 
 State Police;
  (4) a report on any incident of an alleged commission 
 of a domestic crime, that shall include information 
 regarding the victim, offender, date and time of the 
 incident, any injury inflicted, any weapons involved in 
 the commission of the offense, and the relationship 
 between the victim and the offender;
  (5) data on an index of offenses selected by the 
 Illinois State Police based on the seriousness of the 
 offense, frequency of occurrence of the offense, and 
 likelihood of being reported to law enforcement. The data 
 shall include the number of index crime offenses committed 
 and number of associated arrests;
  (6) data on offenses and incidents reported by schools 
 to local law enforcement. The data shall include offenses 
 defined as an attack against school personnel, 
 intimidation offenses, drug incidents, and incidents 
 involving weapons;


  (7) beginning on July 1, 2021, a report on incidents 
 where a law enforcement officer was dispatched to deal 
 with a person experiencing a mental health crisis or 
 incident. The report shall include the number of 
 incidents, the level of law enforcement response and the 
 outcome of each incident. For purposes of this Section, a 
 "mental health crisis" is when a person's behavior puts 
 them at risk of hurting themselves or others or prevents 
 them from being able to care for themselves; 
  (8) beginning on July 1, 2021, a report on use of 
 force, including any action that resulted in the death or 
 serious bodily injury of a person or the discharge of a 
 firearm at or in the direction of a person. The report 
 shall include information required by the Illinois State 
 Police Department, pursuant to Section 5-11 of this Act.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 
102-538, eff. 8-20-21; revised 10-15-21.)

 (50 ILCS 709/5-20)

 Sec. 5-20. Reporting compliance. The Illinois State Police 
shall annually report to the Illinois Law Enforcement Training 
Standards Board and the Department of Revenue any law 
enforcement agency not in compliance with the reporting 
requirements under this Act. A law enforcement agency's 
compliance with the reporting requirements under this Act 
shall be a factor considered by the Illinois Law Enforcement 
Training Standards Board in awarding grant funding under the 
Law Enforcement Camera Grant Act, with preference to law 
enforcement agencies which are in compliance with reporting 
requirements under this Act.

(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; 
revised 10-15-21.)

 Section 285. The Emergency Telephone System Act is amended 
by changing Sections 2, 7, 8, 10, 15.6, 15.6a, 15.6b, 17.5, 19, 
20, 30, and 40 as follows:



 (50 ILCS 750/2) (from Ch. 134, par. 32)


 (Section scheduled to be repealed on December 31, 2023)

 Sec. 2. Definitions. As used in this Act, unless the 
context otherwise requires: 
 "9-1-1 network" means the network used for the delivery of 
9-1-1 calls and messages over dedicated and redundant 
facilities to a primary or backup 9-1-1 PSAP that meets the 
appropriate grade of service. 
 "9-1-1 system" means the geographic area that has been 
granted an order of authority by the Commission or the 
Statewide 9-1-1 Administrator to use "9-1-1" as the primary 
emergency telephone number, including, but not limited to, the 
network, software applications, databases, CPE components and 
operational and management procedures required to provide 
9-1-1 service. 
 "9-1-1 Authority" means an Emergency Telephone System 
Board or , Joint Emergency Telephone System Board that provides 
for the management and operation of a 9-1-1 system. "9-1-1 
Authority" includes the Illinois State Police only to the 
extent it provides 9-1-1 services under this Act.
 "9-1-1 System Manager" means the manager, director, 
administrator, or coordinator who at the direction of his or 
her Emergency Telephone System Board is responsible for the 
implementation and execution of the order of authority issued 
by the Commission or the Statewide 9-1-1 Administrator through 
the programs, policies, procedures, and daily operations of 
the 9-1-1 system consistent with the provisions of this Act. 
 "Administrator" means the Statewide 9-1-1 Administrator.
 "Advanced service" means any telecommunications service 
with or without dynamic bandwidth allocation, including, but 
not limited to, ISDN Primary Rate Interface (PRI), that, 
through the use of a DS-1, T-1, or other un-channelized or 
multi-channel transmission facility, is capable of 
transporting either the subscriber's inter-premises voice 
telecommunications services to the public switched network or 
the subscriber's 9-1-1 calls to the public agency.
 "Aggregator" means an entity that ingresses 9-1-1 calls of 
multiple traffic types or 9-1-1 calls from multiple 
originating service providers and combines them on a trunk 
group or groups (or equivalent egress connection arrangement 
to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or 
system), and that uses the routing information provided in the 
received call setup signaling to select the appropriate trunk 
group and proceeds to signal call setup toward the 9-1-1 
system provider. "Aggregator" includes an originating service 
provider that provides aggregation functions for its own 9-1-1 
calls. "Aggregator" also includes an aggregation network or an 
aggregation entity that provides aggregator services for other 
types of system providers, such as cloud-based services or 
enterprise networks as its client. 
 "ALI" or "automatic location identification" means the 
automatic display at the public safety answering point of the 
address or location of the caller's telephone and 
supplementary emergency services information of the location 
from which a call originates.
 "ANI" or "automatic number identification" means the 
automatic display of the 10-digit 10 digit telephone number 
associated with the caller's telephone number.
 "Automatic alarm" and "automatic alerting device" mean any 
device that will access the 9-1-1 system for emergency 
services upon activation and does not provide for two-way 
communication.
 "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned 
Backup Answering Point, or VAP.
 "Authorized entity" means an answering point or 
participating agency other than a decommissioned PSAP. 
 "Backup PSAP" means an answering point that meets the 
appropriate standards of service and serves as an alternate to 
the PSAP operating independently from the PSAP at a different 
location, that has the capability to direct dispatch for the 
PSAP or otherwise transfer emergency calls directly to an 
authorized entity. A backup PSAP may accept overflow calls 
from the PSAP or be activated if the primary PSAP is disabled. 
 "Board" means an Emergency Telephone System Board or a 
Joint Emergency Telephone System Board created pursuant to 
Section 15.4.
 "Carrier" includes a telecommunications carrier and a 
wireless carrier.
 "Commission" means the Illinois Commerce Commission.
 "Computer aided dispatch" or "CAD" means a computer-based 
system that aids public safety telecommunicators by automating 
selected dispatching and recordkeeping activities.
 "Direct dispatch" means a 9-1-1 service wherein upon 
receipt of an emergency call, a public safety telecommunicator 
transmits - without delay, transfer, relay, or referral - all 
relevant available information to the appropriate public 
safety personnel or emergency responders.
 "Decommissioned" means the revocation of a PSAPs authority 
to handle 9-1-1 calls as an answering point within the 9-1-1 
network. 
 "DS-1, T-1, or similar un-channelized or multi-channel 
transmission facility" means a facility that can transmit and 
receive a bit rate of at least 1.544 megabits per second 
(Mbps).
 "Dynamic bandwidth allocation" means the ability of the 
facility or customer to drop and add channels, or adjust 
bandwidth, when needed in real time for voice or data 
purposes.
 "Emergency call" means any type of request for emergency 
assistance through a 9-1-1 network either to the digits 9-1-1 
or the emergency 24/7 10-digit telephone number for all 
answering points. An emergency call is not limited to a voice 
telephone call. It could be a two-way video call, an 
interactive text, Teletypewriter (TTY), an SMS, an Instant 
Message, or any new mechanism for communications available in 
the future. An emergency call occurs when the request for 
emergency assistance is received by a public safety 
telecommunicator. 
 "Enhanced 9-1-1" or "E9-1-1" means a telephone system that 
includes network switching, database and PSAP premise elements 
capable of providing automatic location identification data, 
selective routing, selective transfer, fixed transfer, and a 
call back number, including any enhanced 9-1-1 service so 
designated by the Federal Communications Commission in its 
report and order in WC Dockets Nos. 04-36 and 05-196, or any 
successor proceeding. 
 "ETSB" means an emergency telephone system board appointed 
by the corporate authorities of any county or municipality 
that provides for the management and operation of a 9-1-1 
system.
 "Grade of service" means P.01 for enhanced 9-1-1 services 
or the NENA i3 Solution adopted standard for NG9-1-1. 
 "Hearing-impaired individual" means a person with a 
permanent hearing loss who can regularly and routinely 
communicate by telephone only through the aid of devices which 
can send and receive written messages over the telephone 
network.
 "Hosted supplemental 9-1-1 service" means a database 
service that:
  (1) electronically provides information to 9-1-1 call 
 takers when a call is placed to 9-1-1;
  (2) allows telephone subscribers to provide 
 information to 9-1-1 to be used in emergency scenarios;
  (3) collects a variety of formatted data relevant to 
 9-1-1 and first responder needs, which may include, but is 
 not limited to, photographs of the telephone subscribers, 
 physical descriptions, medical information, household 
 data, and emergency contacts;
  (4) allows for information to be entered by telephone 
 subscribers through a secure website where they can elect 
 to provide as little or as much information as they 
 choose;
  (5) automatically displays data provided by telephone 
 subscribers to 9-1-1 call takers for all types of 
 telephones when a call is placed to 9-1-1 from a 
 registered and confirmed phone number;
  (6) supports the delivery of telephone subscriber 
 information through a secure internet connection to all 
 emergency telephone system boards;
  (7) works across all 9-1-1 call taking equipment and 
 allows for the easy transfer of information into a 
 computer aided dispatch system; and
  (8) may be used to collect information pursuant to an 
 Illinois Premise Alert Program as defined in the Illinois 
 Premise Alert Program (PAP) Act.
 "Interconnected voice over Internet protocol provider" or 
"Interconnected VoIP provider" has the meaning given to that 
term under Section 13-235 of the Public Utilities Act.
 "Joint ETSB" means a Joint Emergency Telephone System 
Board established by intergovernmental agreement of two or 
more municipalities or counties, or a combination thereof, to 
provide for the management and operation of a 9-1-1 system.
 "Local public agency" means any unit of local government 
or special purpose district located in whole or in part within 
this State that provides or has authority to provide 
firefighting, police, ambulance, medical, or other emergency 
services.
 "Mechanical dialer" means any device that accesses the 
9-1-1 system without human intervention and does not provide 
for two-way communication.
 "Master Street Address Guide" or "MSAG" is a database of 
street names and house ranges within their associated 
communities defining emergency service zones (ESZs) and their 
associated emergency service numbers (ESNs) to enable proper 
routing of 9-1-1 calls.
 "Mobile telephone number" or "MTN" means the telephone 
number assigned to a wireless telephone at the time of initial 
activation.
 "Network connections" means the number of voice grade 
communications channels directly between a subscriber and a 
telecommunications carrier's public switched network, without 
the intervention of any other telecommunications carrier's 
switched network, which would be required to carry the 
subscriber's inter-premises traffic and which connection 
either (1) is capable of providing access through the public 
switched network to a 9-1-1 Emergency Telephone System, if one 
exists, or (2) if no system exists at the time a surcharge is 
imposed under Section 15.3, that would be capable of providing 
access through the public switched network to the local 9-1-1 
Emergency Telephone System if one existed. Where multiple 
voice grade communications channels are connected to a 
telecommunications carrier's public switched network through a 
private branch exchange (PBX) service, there shall be 
determined to be one network connection for each trunk line 
capable of transporting either the subscriber's inter-premises 
traffic to the public switched network or the subscriber's 
9-1-1 calls to the public agency. Where multiple voice grade 
communications channels are connected to a telecommunications 
carrier's public switched network through Centrex type 
service, the number of network connections shall be equal to 
the number of PBX trunk equivalents for the subscriber's 
service or other multiple voice grade communication channels 
facility, as determined by reference to any generally 
applicable exchange access service tariff filed by the 
subscriber's telecommunications carrier with the Commission.
 "Network costs" means those recurring costs that directly 
relate to the operation of the 9-1-1 network as determined by 
the Statewide 9-1-1 Administrator with the advice of the 
Statewide 9-1-1 Advisory Board, which may include, but need 
not be limited to, some or all of the following: costs for 
interoffice trunks, selective routing charges, transfer lines 
and toll charges for 9-1-1 services, Automatic Location 
Information (ALI) database charges, independent local exchange 
carrier charges and non-system provider charges, carrier 
charges for third party database for on-site customer premises 
equipment, back-up PSAP trunks for non-system providers, 
periodic database updates as provided by carrier (also known 
as "ALI data dump"), regional ALI storage charges, circuits 
for call delivery (fiber or circuit connection), NG9-1-1 
costs, and all associated fees, taxes, and surcharges on each 
invoice. "Network costs" shall not include radio circuits or 
toll charges that are other than for 9-1-1 services.
 "Next generation 9-1-1" or "NG9-1-1" means a secure 
Internet Protocol-based (IP-based) open-standards system 
comprised of hardware, software, data, and operational 
policies and procedures that:
   (A) provides standardized interfaces from 
 emergency call and message services to support 
 emergency communications; 
   (B) processes all types of emergency calls, 
 including voice, text, data, and multimedia 
 information; 
   (C) acquires and integrates additional emergency 
 call data useful to call routing and handling;
   (D) delivers the emergency calls, messages, and 
 data to the appropriate public safety answering point 
 and other appropriate emergency entities based on the 
 location of the caller;
   (E) supports data, video, and other communications 
 needs for coordinated incident response and 
 management; and
   (F) interoperates with services and networks used 
 by first responders to facilitate emergency response. 
 "NG9-1-1 costs" means those recurring costs that directly 
relate to the Next Generation 9-1-1 service as determined by 
the Statewide 9-1-1 Administrator with the advice of the 
Statewide 9-1-1 Advisory Board, which may include, but need 
not be limited to, costs for NENA i3 Core Components (Border 
Control Function (BCF), Emergency Call Routing Function 
(ECRF), Location Validation Function (LVF), Emergency Services 
Routing Proxy (ESRP), Policy Store/Policy Routing Functions 
(PSPRF), and Location Information Servers (LIS)), Statewide 
ESInet, software external to the PSAP (data collection, 
identity management, aggregation, and GIS functionality), and 
gateways (legacy 9-1-1 tandems or gateways or both).
 "Originating service provider" or "OSP" means the entity 
that provides services to end users that may be used to 
originate voice or nonvoice 9-1-1 requests for assistance and 
who would interconnect, in any of various fashions, to the 
9-1-1 system provider for purposes of delivering 9-1-1 traffic 
to the public safety answering points. 
 "Private branch exchange" or "PBX" means a private 
telephone system and associated equipment located on the 
user's property that provides communications between internal 
stations and external networks.
 "Private business switch service" means network and 
premises based systems including a VoIP, Centrex type service, 
or PBX service, even though key telephone systems or 
equivalent telephone systems registered with the Federal 
Communications Commission under 47 CFR Part 68 are directly 
connected to Centrex type and PBX systems. "Private business 
switch service" does not include key telephone systems or 
equivalent telephone systems registered with the Federal 
Communications Commission under 47 CFR Part 68 when not used 
in conjunction with a VoIP, Centrex type, or PBX systems. 
"Private business switch service" typically includes, but is 
not limited to, private businesses, corporations, and 
industries where the telecommunications service is primarily 
for conducting business.
 "Private residential switch service" means network and 
premise based systems including a VoIP, Centrex type service, 
or PBX service or key telephone systems or equivalent 
telephone systems registered with the Federal Communications 
Commission under 47 CFR C.F.R. Part 68 that are directly 
connected to a VoIP, Centrex type service, or PBX systems 
equipped for switched local network connections or 9-1-1 
system access to residential end users through a private 
telephone switch. "Private residential switch service" does 
not include key telephone systems or equivalent telephone 
systems registered with the Federal Communications Commission 
under 47 CFR C.F.R. Part 68 when not used in conjunction with a 
VoIP, Centrex type, or PBX systems. "Private residential 
switch service" typically includes, but is not limited to, 
apartment complexes, condominiums, and campus or university 
environments where shared tenant service is provided and where 
the usage of the telecommunications service is primarily 
residential.
 "Public agency" means the State, and any unit of local 
government or special purpose district located in whole or in 
part within this State, that provides or has authority to 
provide firefighting, police, ambulance, medical, or other 
emergency services.
 "Public safety agency" means a functional division of a 
public agency that provides firefighting, police, medical, or 
other emergency services to respond to and manage emergency 
incidents. For the purpose of providing wireless service to 
users of 9-1-1 emergency services, as expressly provided for 
in this Act, the Illinois State Police may be considered a 
public safety agency.
 "Public safety answering point" or "PSAP" means the 
primary answering location of an emergency call that meets the 
appropriate standards of service and is responsible for 
receiving and processing those calls and events according to a 
specified operational policy.
 "PSAP representative" means the manager or supervisor of a 
Public Safety Answering Point (PSAP) who oversees the daily 
operational functions and is responsible for the overall 
management and administration of the PSAP. 
 "Public safety telecommunicator" means any person employed 
in a full-time or part-time capacity at an answering point 
whose duties or responsibilities include answering, receiving, 
or transferring an emergency call for dispatch to the 
appropriate emergency responder. 
 "Public safety telecommunicator supervisor" means any 
person employed in a full-time or part-time capacity at an 
answering point or by a 9-1-1 Authority, whose primary duties 
or responsibilities are to direct, administer, or manage any 
public safety telecommunicator and whose responsibilities 
include answering, receiving, or transferring an emergency 
call for dispatch to the appropriate responders. 
 "Referral" means a 9-1-1 service in which the public 
safety telecommunicator provides the calling party with the 
telephone number of the appropriate public safety agency or 
other provider of emergency services.
 "Regular service" means any telecommunications service, 
other than advanced service, that is capable of transporting 
either the subscriber's inter-premises voice 
telecommunications services to the public switched network or 
the subscriber's 9-1-1 calls to the public agency.
 "Relay" means a 9-1-1 service in which the public safety 
telecommunicator takes the pertinent information from a caller 
and relays that information to the appropriate public safety 
agency or other provider of emergency services.
 "Remit period" means the billing period, one month in 
duration, for which a wireless carrier remits a surcharge and 
provides subscriber information by zip code to the Illinois 
State Police, in accordance with Section 20 of this Act.
 "Secondary Answering Point" or "SAP" means a location, 
other than a PSAP, that is able to receive the voice, data, and 
call back number of E9-1-1 or NG9-1-1 emergency calls 
transferred from a PSAP and completes the call taking process 
by dispatching police, medical, fire, or other emergency 
responders. 
 "Statewide wireless emergency 9-1-1 system" means all 
areas of the State where an emergency telephone system board 
has not declared its intention for one or more of its public 
safety answering points to serve as a primary wireless 9-1-1 
public safety answering point for its jurisdiction. The 
operator of the statewide wireless emergency 9-1-1 system 
shall be the Illinois State Police.
 "System" means the communications equipment and related 
software applications required to produce a response by the 
appropriate emergency public safety agency or other provider 
of emergency services as a result of an emergency call being 
placed to 9-1-1.
 "System provider" means the contracted entity providing 
9-1-1 network and database services.
 "Telecommunications carrier" means those entities included 
within the definition specified in Section 13-202 of the 
Public Utilities Act, and includes those carriers acting as 
resellers of telecommunications services. "Telecommunications 
carrier" includes telephone systems operating as mutual 
concerns. "Telecommunications carrier" does not include a 
wireless carrier.
 "Telecommunications technology" means equipment that can 
send and receive written messages over the telephone network.
 "Transfer" means a 9-1-1 service in which the public 
safety telecommunicator, who receives an emergency call, 
transmits, redirects, or conferences that call to the 
appropriate public safety agency or other provider of 
emergency services. "Transfer" Transfer shall not include a 
relay or referral of the information without transferring the 
caller.
 "Transmitting messages" shall have the meaning given to 
that term under Section 8-11-2 of the Illinois Municipal Code.
 "Trunk line" means a transmission path, or group of 
transmission paths, connecting a subscriber's PBX to a 
telecommunications carrier's public switched network. In the 
case of regular service, each voice grade communications 
channel or equivalent amount of bandwidth capable of 
transporting either the subscriber's inter-premises voice 
telecommunications services to the public switched network or 
the subscriber's 9-1-1 calls to the public agency shall be 
considered a trunk line, even if it is bundled with other 
channels or additional bandwidth. In the case of advanced 
service, each DS-1, T-1, or other un-channelized or 
multi-channel transmission facility that is capable of 
transporting either the subscriber's inter-premises voice 
telecommunications services to the public switched network or 
the subscriber's 9-1-1 calls to the public agency shall be 
considered a single trunk line, even if it contains multiple 
voice grade communications channels or otherwise supports 2 or 
more voice grade calls at a time; provided, however, that each 
additional increment of up to 24 voice grade channels of 
transmission capacity that is capable of transporting either 
the subscriber's inter-premises voice telecommunications 
services to the public switched network or the subscriber's 
9-1-1 calls to the public agency shall be considered an 
additional trunk line.
 "Unmanned backup answering point" means an answering point 
that serves as an alternate to the PSAP at an alternate 
location and is typically unmanned but can be activated if the 
primary PSAP is disabled.
 "Virtual answering point" or "VAP" means a temporary or 
nonpermanent location that is capable of receiving an 
emergency call, contains a fully functional worksite that is 
not bound to a specific location, but rather is portable and 
scalable, connecting public safety telecommunicators to the 
work process, and is capable of completing the call 
dispatching process. 
 "Voice-impaired individual" means a person with a 
permanent speech disability which precludes oral 
communication, who can regularly and routinely communicate by 
telephone only through the aid of devices which can send and 
receive written messages over the telephone network.
 "Wireless carrier" means a provider of two-way cellular, 
broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial 
Mobile Radio Service (CMRS), Wireless Communications Service 
(WCS), or other Commercial Mobile Radio Service (CMRS), as 
defined by the Federal Communications Commission, offering 
radio communications that may provide fixed, mobile, radio 
location, or satellite communication services to individuals 
or businesses within its assigned spectrum block and 
geographical area or that offers real-time, two-way voice 
service that is interconnected with the public switched 
network, including a reseller of such service.
 "Wireless enhanced 9-1-1" means the ability to relay the 
telephone number of the originator of a 9-1-1 call and 
location information from any mobile handset or text telephone 
device accessing the wireless system to the designated 
wireless public safety answering point as set forth in the 
order of the Federal Communications Commission, FCC Docket No. 
94-102, adopted June 12, 1996, with an effective date of 
October 1, 1996, and any subsequent amendment thereto.
 "Wireless public safety answering point" means the 
functional division of a 9-1-1 authority accepting wireless 
9-1-1 calls.
 "Wireless subscriber" means an individual or entity to 
whom a wireless service account or number has been assigned by 
a wireless carrier, other than an account or number associated 
with prepaid wireless telecommunication service.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
revised 10-5-21.)




 (50 ILCS 750/7) (from Ch. 134, par. 37)


 (Section scheduled to be repealed on December 31, 2023)

 Sec. 7. 
The General Assembly finds that, because of 
overlapping
jurisdiction of public agencies, public safety 
agencies, and telephone
service areas, the Administrator, with 
the advice and recommendation of the Statewide 9-1-1 Advisory 
Board, shall establish a general overview or plan
to 
effectuate the purposes of this Act within the time frame 
provided in
this Act. The General Assembly further finds and 
declares that direct dispatch should be used if possible to 
shorten the time required for the public to request and 
receive emergency aid. The Administrator shall minimize the 
use of transfer, relay, and referral of an emergency call if 
possible and encourage Backup PSAPs to be able to direct 
dispatch. Transfer, relay, and referral of an emergency call 
to an entity other than an answering point or the Illinois 
State Police shall not be used in response to emergency calls 
unless exigent circumstances exist. In order to insure that 
proper preparation and implementation
of emergency telephone 
systems are accomplished by all public agencies as required 
under this Act, the Illinois State Police, with the
advice and 
assistance of
the Attorney General, shall secure compliance by 
public agencies as
provided in this Act.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
revised 10-4-21.)




 (50 ILCS 750/8) (from Ch. 134, par. 38)


 (Section scheduled to be repealed on December 31, 2023)

 Sec. 8. 
The Administrator, with the advice and 
recommendation of the Statewide 9-1-1 Advisory Board, shall 
coordinate the implementation of systems established under 
this Act. To assist with this coordination, all systems 
authorized to operate under this Act shall register with the 
Administrator information regarding its composition and 
organization, including, but not limited to, identification of 
the
9-1-1 System Manager and all answering points. 
Decommissioned PSAPs shall not be registered and are not part 
of the 9-1-1 system in Illinois. The Illinois State Police may 
adopt rules for the administration of this Section. 

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff 8-20-21; 
revised 10-4-21.)


 (50 ILCS 750/10) (from Ch. 134, par. 40)
 (Section scheduled to be repealed on December 31, 2023)
 Sec. 10. (a) The Administrator, with the advice and 
recommendation of the Statewide 9-1-1 Advisory Board, shall 
establish uniform technical and operational standards for all 
9-1-1 systems in Illinois. All findings, orders, decisions, 
rules, and regulations issued or promulgated by the Commission 
under this Act or any other Act establishing or conferring 
power on the Commission with respect to emergency 
telecommunications services, shall continue in force. 
Notwithstanding the provisions of this Section, where 
applicable, the Administrator shall, with the advice and 
recommendation of the Statewide 9-1-1 Advisory Board, amend 
the Commission's findings, orders, decisions, rules, and 
regulations to conform to the specific provisions of this Act 
as soon as practicable after the effective date of this 
amendatory Act of the 99th General Assembly. 
 (a-5) All 9-1-1 systems are responsible for complying with 
the uniform technical and operational standards adopted by the 
Administrator and the Illinois State Police with the advice 
and recommendation of the Statewide 9-1-1 Advisory Board. 
 (b) The Illinois State Police may adopt emergency rules 
necessary to implement the provisions of this amendatory Act 
of the 99th General Assembly under subsection (t) of Section 
5-45 of the Illinois Administrative Procedure Act.
 (c) Nothing in this Act shall deprive the Commission of 
any authority to regulate the provision by telecommunication 
carriers or 9-1-1 system service providers of 
telecommunication or other services under the Public Utilities 
Act.
 (d) For rules that implicate both the regulation of 9-1-1 
authorities under this Act and the regulation of 
telecommunication carriers and 9-1-1 system service providers 
under the Public Utilities Act, the Illinois State Police and 
the Commission may adopt joint rules necessary for 
implementation.
 (e) Any findings, orders, or decisions of the 
Administrator under this Section shall be deemed a final 
administrative decision and shall be subject to judicial 
review under the Administrative Review Law. 
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
revised 10-5-21.)



 (50 ILCS 750/15.6)


 (Section scheduled to be repealed on December 31, 2023)

 Sec. 15.6. 9-1-1 service; business service. 

 (a) After June 30, 2000, or within 18 months after 9-1-1 
service
becomes available, any entity that installs or 
operates a private business
switch service and provides 
telecommunications facilities or services to
businesses shall 
assure that the system is connected to the public switched

network in a manner that calls to 9-1-1 result in automatic 
number and location
identification. For buildings having their 
own street address and containing
workspace of 40,000 square 
feet or less, location identification shall include
the 
building's street address. For buildings having their own 
street
address and containing workspace of more than 40,000 
square feet, location
identification shall include the 
building's street address and one distinct
location 
identification per 40,000 square feet of workspace. Separate

buildings containing workspace of 40,000 square feet or less 
having a common
public street address shall have a distinct 
location identification for each
building in addition to the 
street address.

 (b) Exemptions. Buildings containing workspace of more 
than 40,000 square
feet are exempt from the multiple location 
identification requirements of
subsection (a) if the building 
maintains, at all times, alternative and
adequate means of 
signaling and responding to emergencies. Those means shall

include, but not be limited to, a telephone system that 
provides the physical
location of 9-1-1 calls coming from 
within the building. Health care
facilities are presumed to 
meet the requirements of this paragraph if the
facilities are 
staffed with medical or nursing personnel 24 hours per day and

if an alternative means of providing information about the 
source of an
emergency call exists. Buildings under this 
exemption must provide 9-1-1
service that provides the 
building's street address.

 Buildings containing workspace of more than 40,000 square 
feet are exempt
from subsection (a) if the building maintains, 
at all times, alternative and
adequate means of signaling and 
responding to emergencies, including a
telephone system that 
provides the location of a 9-1-1 call coming from within
the 
building, and the building is serviced by its own medical, 
fire and
security personnel. Buildings under this exemption 
are subject to emergency
phone system certification by the 
Administrator.

 Buildings in communities not serviced by 9-1-1 service are 
exempt
from subsection (a).

 Correctional institutions and facilities, as defined in 
subsection (d) of
Section 3-1-2 of the Unified Code of 
Corrections, are exempt from subsection
(a).

 (c) This Act does not apply to any PBX telephone extension 
that uses radio
transmissions to convey electrical signals 
directly between the telephone
extension and the serving PBX.

 (d) An entity that violates this Section is guilty of a 
business
offense and shall be fined not less than $1,000 and 
not more than $5,000.

 (e) Nothing in this Section shall be
construed to preclude 
the Attorney General on behalf of the Illinois State Police or 
on
his or her own initiative, or any other interested person, 
from seeking
judicial relief, by mandamus, injunction, or 
otherwise, to compel compliance
with this Section.

 (f) The Illinois State Police may promulgate rules for the 
administration of this
Section.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
revised 10-14-21.)


 (50 ILCS 750/15.6a)
 (Section scheduled to be repealed on December 31, 2023)
 Sec. 15.6a. Wireless emergency 9-1-1 service.
 (a) The digits "9-1-1" shall be the designated emergency 
telephone number within the wireless system.
 (b) The Illinois State Police may set non-discriminatory 
and uniform technical and operational standards consistent 
with the rules of the Federal Communications Commission for 
directing calls to authorized public safety answering points. 
These standards shall not in any way prescribe the technology 
or manner a wireless carrier shall use to deliver wireless 
9-1-1 or wireless E9-1-1 calls, and these standards shall not 
exceed the requirements set by the Federal Communications 
Commission; however, standards for directing calls to the 
authorized public safety answering point shall be included. 
The authority given to the Illinois State Police in this 
Section is limited to setting standards as set forth herein 
and does not constitute authority to regulate wireless 
carriers.
 (c) For the purpose of providing wireless 9-1-1 emergency 
services, an emergency telephone system board may declare its 
intention for one or more of its public safety answering 
points to serve as a primary wireless 9-1-1 public safety 
answering point for its jurisdiction by notifying the 
Administrator in writing within 6 months after receiving its 
authority to operate a 9-1-1 system under this Act. In 
addition, 2 or more emergency telephone system boards may, by 
virtue of an intergovernmental agreement, provide wireless 
9-1-1 service. Until the jurisdiction comes into compliance 
with Section 15.4a of this Act, the Illinois State Police 
shall be the primary wireless 9-1-1 public safety answering 
point for any jurisdiction that did not provide notice to the 
Illinois Commerce Commission and the Illinois State Police 
prior to January 1, 2016.
 (d) The Administrator, upon a request from an emergency 
telephone system board and with the advice and recommendation 
of the Statewide 9-1-1 Advisory Board, may grant authority to 
the emergency telephone system board to provide wireless 9-1-1 
service in areas for which the Illinois State Police has 
accepted wireless 9-1-1 responsibility. The Administrator 
shall maintain a current list of all 9-1-1 systems providing 
wireless 9-1-1 service under this Act. 

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
revised 10-14-21.)

 (50 ILCS 750/15.6b)
 (Section scheduled to be repealed on December 31, 2023)
 Sec. 15.6b. Next Generation 9-1-1 service.
 (a) The Administrator, with the advice and recommendation 
of the Statewide 9-1-1 Advisory Board, shall develop and 
implement a plan for a statewide Next Generation 9-1-1 
network. The Next Generation 9-1-1 network must be an Internet 
protocol-based platform that at a minimum provides: 
  (1) improved 9-1-1 call delivery;
  (2) enhanced interoperability;
  (3) increased ease of communication between 9-1-1 
 service providers, allowing immediate transfer of 9-1-1 
 calls, caller information, photos, and other data 
 statewide;
  (4) a hosted solution with redundancy built in; and
  (5) compliance with the most current NENA Standards.
 (b) By July 1, 2016, the Administrator, with the advice 
and recommendation of the Statewide 9-1-1 Advisory Board, 
shall design and issue a competitive request for a proposal to 
secure the services of a consultant to complete a feasibility 
study on the implementation of a statewide Next Generation 
9-1-1 network in Illinois. By July 1, 2017, the consultant 
shall complete the feasibility study and make recommendations 
as to the appropriate procurement approach for developing a 
statewide Next Generation 9-1-1 network.
 (c) Within 12 months of the final report from the 
consultant under subsection (b) of this Section, the Illinois 
State Police shall procure and finalize a contract with a 
vendor certified under Section 13-900 of the Public Utilities 
Act to establish a statewide Next Generation 9-1-1 network. 
The Illinois State Police, in consultation with and subject to 
the approval of the Chief Procurement Officer, may procure a 
single contract or multiple contracts to implement the 
provisions of this Section. A contract or contracts under this 
subsection are not subject to the provisions of the Illinois 
Procurement Code, except for Sections 20-60, 20-65, 20-70, and 
20-160 and Article 50 of that Code, provided that the Chief 
Procurement Officer may, in writing with justification, waive 
any certification required under Article 50 of the Illinois 
Procurement Code. This exemption is inoperative 2 years from 
June 3, 2021 (the effective date of Public Act 102-9) this 
Amendatory Act of the 102nd General Assembly. Within 18 months 
of securing the contract, the vendor shall implement a Next 
Generation 9-1-1 network that allows 9-1-1 systems providing 
9-1-1 service to Illinois residents to access the system 
utilizing their current infrastructure if it meets the 
standards adopted by the Illinois State Police. 

(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; 
102-538, eff. 8-20-21; revised 10-12-21.)

 (50 ILCS 750/17.5)
 (Section scheduled to be repealed on December 31, 2023)
 Sec. 17.5. Statewide 9-1-1 Call Directory.
 (a) The General Assembly finds the following:
  (1) Some 9-1-1 systems throughout this State do not 
 have a procedure in place to manually transfer 9-1-1 calls 
 originating within one 9-1-1 system's jurisdiction, but 
 which should properly be answered and dispatched by 
 another 9-1-1 system, to the appropriate 9-1-1 system for 
 answering and dispatch of first responders.
  (2) On January 1, 2016, the General Assembly gave 
 oversight authority of 9-1-1 systems to the Illinois State 
 Police.
  (3) Since that date, the Illinois State Police has 
 authorized individual 9-1-1 systems in counties and 
 municipalities to implement and upgrade 9-1-1 systems 
 throughout the State.
 (b) The Illinois State Police shall prepare a directory of 
all authorized 9-1-1 systems in the State. The directory shall 
include an emergency 24/7 10-digit telephone number for all 
primary public safety answering points located in each 9-1-1 
system to which 9-1-1 calls from another jurisdiction can be 
transferred. This directory shall be made available to each 
9-1-1 authority for its use in establishing standard operating 
procedures regarding calls outside its 9-1-1 jurisdiction.
 (c) Each 9-1-1 system shall provide the Illinois State 
Police with the following information:
  (1) The name of the PSAP, a list of every 
 participating agency, and the county the PSAP is in, 
 including college and university public safety entities.
  (2) The 24/7 10-digit emergency telephone number for 
 the dispatch agency to which 9-1-1 calls originating in 
 another 9-1-1 jurisdiction can be transferred to exchange 
 information. The emergency telephone number must be a 
 direct line that is not answered by an automated system 
 but rather is answered by a person. Each 9-1-1 system 
 shall provide the Illinois State Police with any changes 
 to the participating agencies and this number immediately 
 upon the change occurring. Each 9-1-1 system shall provide 
 the PSAP information and the 24/7 10-digit emergency 
 telephone number Illinois State Police's within 30 days of 
 June 3, 2021 (the effective date of Public Act 102-9) this 
 amendatory Act of the 102nd General Assembly.
  (3) The standard operating procedure describing the 
 manner in which the 9-1-1 system will transfer 9-1-1 calls 
 originating within its jurisdiction, but which should 
 properly be answered and dispatched by another 9-1-1 
 system, to the appropriate 9-1-1 system. Each 9-1-1 system 
 shall provide the standard operating procedures to the 
 Manager of the Illinois State Police's 9-1-1 Program 
 within 180 days after July 1, 2017 (the effective date of 
 Public Act 100-20) this amendatory Act of the 100th 
 General Assembly. 

 (d) Unless exigent circumstances dictate otherwise, each 
9-1-1 system's public safety telecommunicators shall be 
responsible for remaining on the line with the caller when a 
9-1-1 call originates within its jurisdiction to ensure the 
9-1-1 call is transferred to the appropriate authorized entity 
for answer and dispatch until a public safety telecommunicator 
is on the line and confirms jurisdiction for the call. 
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
revised 10-15-21.)

 (50 ILCS 750/19)
 (Section scheduled to be repealed on December 31, 2023)
 Sec. 19. Statewide 9-1-1 Advisory Board.
 (a) Beginning July 1, 2015, there is created the Statewide 
9-1-1 Advisory Board within the Illinois State Police. The 
Board shall consist of the following 11 voting members:
  (1) The Director of the Illinois State Police, or his 
 or her designee, who shall serve as chairman.
  (2) The Executive Director of the Commission, or his 
 or her designee.
  (3) Members Nine members appointed by the Governor as 
 follows:
   (A) one member representing the Illinois chapter 
 of the National Emergency Number Association, or his 
 or her designee;
   (B) one member representing the Illinois chapter 
 of the Association of Public-Safety Communications 
 Officials, or his or her designee;
   (C) one member representing a county 9-1-1 system 
 from a county with a population of less than 37,000;
   (C-5) one member representing a county 9-1-1 
 system from a county with a population between 37,000 
 and 100,000; 
   (D) one member representing a county 9-1-1 system 
 from a county with a population between 100,001 and 
 250,000;
   (E) one member representing a county 9-1-1 system 
 from a county with a population of more than 250,000;
   (F) one member representing a municipal or 
 intergovernmental cooperative 9-1-1 system, excluding 
 any single municipality with a population over 
 500,000;
   (G) one member representing the Illinois 
 Association of Chiefs of Police;
   (H) one member representing the Illinois Sheriffs' 
 Association; and
   (I) one member representing the Illinois Fire 
 Chiefs Association.
 The Governor shall appoint the following non-voting 
members: (i) one member representing an incumbent local 
exchange 9-1-1 system provider; (ii) one member representing a 
non-incumbent local exchange 9-1-1 system provider; (iii) one 
member representing a large wireless carrier; (iv) one member 
representing an incumbent local exchange carrier; (v) one 
member representing the Illinois Broadband and 
Telecommunications Association; (vi) one member representing 
the Illinois Broadband and Cable Association; and (vii) one 
member representing the Illinois State Ambulance Association. 
The Speaker of the House of Representatives, the Minority 
Leader of the House of Representatives, the President of the 
Senate, and the Minority Leader of the Senate may each appoint 
a member of the General Assembly to temporarily serve as a 
non-voting member of the Board during the 12 months prior to 
the repeal date of this Act to discuss legislative initiatives 
of the Board. 
 (b) The Governor shall make initial appointments to the 
Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the 
voting members appointed by the Governor shall serve an 
initial term of 2 years, and the remaining voting members 
appointed by the Governor shall serve an initial term of 3 
years. Thereafter, each appointment by the Governor shall be 
for a term of 3 years. Non-voting members shall serve for a 
term of 3 years. Vacancies shall be filled in the same manner 
as the original appointment. Persons appointed to fill a 
vacancy shall serve for the balance of the unexpired term.
 Members of the Statewide 9-1-1 Advisory Board shall serve 
without compensation.
 (c) The 9-1-1 Services Advisory Board, as constituted on 
June 1, 2015 without the legislative members, shall serve in 
the role of the Statewide 9-1-1 Advisory Board until all 
appointments of voting members have been made by the Governor 
under subsection (a) of this Section.
 (d) The Statewide 9-1-1 Advisory Board shall:
  (1) advise the Illinois State Police and the Statewide 
 9-1-1 Administrator on the oversight of 9-1-1 systems and 
 the development and implementation of a uniform statewide 
 9-1-1 system;
  (2) make recommendations to the Governor and the 
 General Assembly regarding improvements to 9-1-1 services 
 throughout the State; and
  (3) exercise all other powers and duties provided in 
 this Act.
 (e) The Statewide 9-1-1 Advisory Board shall submit to the 
General Assembly a report by March 1 of each year providing an 
update on the transition to a statewide 9-1-1 system and 
recommending any legislative action.
 (f) The Illinois State Police shall provide administrative 
support to the Statewide 9-1-1 Advisory Board. 

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
revised 10-15-21.)

 (50 ILCS 750/20)
 (Section scheduled to be repealed on December 31, 2023)
 Sec. 20. Statewide surcharge.
 (a) On and after January 1, 2016, and except with respect 
to those customers who are subject to surcharges as provided 
in Sections 15.3 and 15.3a of this Act, a monthly surcharge 
shall be imposed on all customers of telecommunications 
carriers and wireless carriers as follows: 
  (1) Each telecommunications carrier shall impose a 
 monthly surcharge per network connection; provided, 
 however, the monthly surcharge shall not apply to a 
 network connection provided for use with pay telephone 
 services. Where multiple voice grade communications 
 channels are connected between the subscriber's premises 
 and a public switched network through private branch 
 exchange (PBX), Centrex type service, or other multiple 
 voice grade communication channels facility, there shall 
 be imposed 5 such surcharges per network connection for 
 both regular service and advanced service provisioned 
 trunk lines. Until December 31, 2017, the surcharge shall 
 be $0.87 per network connection and on and after January 
 1, 2018, the surcharge shall be $1.50 per network 
 connection.
  (2) Each wireless carrier shall impose and collect a 
 monthly surcharge per CMRS connection that either has a 
 telephone number within an area code assigned to Illinois 
 by the North American Numbering Plan Administrator or has 
 a billing address in this State. Until December 31, 2017, 
 the surcharge shall be $0.87 per connection and on and 
 after January 1, 2018, the surcharge shall be $1.50 per 
 connection. 
 (b) State and local taxes shall not apply to the 
surcharges imposed under this Section.
 (c) The surcharges imposed by this Section shall be stated 
as a separately stated item on subscriber bills.
 (d) The telecommunications carrier collecting the 
surcharge may deduct and retain 1.74% of the gross amount of 
surcharge collected to reimburse the telecommunications 
carrier for the expense of accounting and collecting the 
surcharge. On and after July 1, 2022, the wireless carrier 
collecting a surcharge under this Section may deduct and 
retain 1.74% of the gross amount of the surcharge collected to 
reimburse the wireless carrier for the expense of accounting 
and collecting the surcharge.
 (d-5) Notwithstanding the provisions of subsection (d) of 
this Section, an amount not greater than 2.5% may be deducted 
and retained if the telecommunications or wireless carrier can 
support, through documentation, expenses that exceed the 1.74% 
allowed. The documentation shall be submitted to the Illinois 
State Police and input obtained from the Statewide 9-1-1 
Advisory Board prior to approval of the deduction. 
 (e) Surcharges imposed under this Section shall be 
collected by the carriers and shall be remitted to the 
Illinois State Police, either by check or electronic funds 
transfer, by the end of the next calendar month after the 
calendar month in which it was collected for deposit into the 
Statewide 9-1-1 Fund. Carriers are not required to remit 
surcharge moneys that are billed to subscribers but not yet 
collected.
 The first remittance by wireless carriers shall include 
the number of subscribers by zip code, and the 9-digit zip code 
if currently being used or later implemented by the carrier, 
that shall be the means by which the Illinois State Police 
shall determine distributions from the Statewide 9-1-1 Fund. 
This information shall be updated at least once each year. Any 
carrier that fails to provide the zip code information 
required under this subsection (e) shall be subject to the 
penalty set forth in subsection (g) of this Section.
 (f) If, within 8 calendar days after it is due under 
subsection (e) of this Section, a carrier does not remit the 
surcharge or any portion thereof required under this Section, 
then the surcharge or portion thereof shall be deemed 
delinquent until paid in full, and the Illinois State Police 
may impose a penalty against the carrier in an amount equal to 
the greater of:
  (1) $25 for each month or portion of a month from the 
 time an amount becomes delinquent until the amount is paid 
 in full; or
  (2) an amount equal to the product of 1% and the sum of 
 all delinquent amounts for each month or portion of a 
 month that the delinquent amounts remain unpaid.
 A penalty imposed in accordance with this subsection (f) 
for a portion of a month during which the carrier pays the 
delinquent amount in full shall be prorated for each day of 
that month that the delinquent amount was paid in full. Any 
penalty imposed under this subsection (f) is in addition to 
the amount of the delinquency and is in addition to any other 
penalty imposed under this Section.
 (g) If, within 8 calendar days after it is due, a wireless 
carrier does not provide the number of subscribers by zip code 
as required under subsection (e) of this Section, then the 
report is deemed delinquent and the Illinois State Police may 
impose a penalty against the carrier in an amount equal to the 
greater of:
  (1) $25 for each month or portion of a month that the 
 report is delinquent; or
  (2) an amount equal to the product of $0.01 and the 
 number of subscribers served by the carrier for each month 
 or portion of a month that the delinquent report is not 
 provided.
 A penalty imposed in accordance with this subsection (g) 
for a portion of a month during which the carrier provides the 
number of subscribers by zip code as required under subsection 
(e) of this Section shall be prorated for each day of that 
month during which the carrier had not provided the number of 
subscribers by zip code as required under subsection (e) of 
this Section. Any penalty imposed under this subsection (g) is 
in addition to any other penalty imposed under this Section.
 (h) A penalty imposed and collected in accordance with 
subsection (f) or (g) of this Section shall be deposited into 
the Statewide 9-1-1 Fund for distribution according to Section 
30 of this Act.
 (i) The Illinois State Police may enforce the collection 
of any delinquent amount and any penalty due and unpaid under 
this Section by legal action or in any other manner by which 
the collection of debts due the State of Illinois may be 
enforced under the laws of this State. The Illinois State 
Police may excuse the payment of any penalty imposed under 
this Section if the Administrator determines that the 
enforcement of this penalty is unjust.
 (j) Notwithstanding any provision of law to the contrary, 
nothing shall impair the right of wireless carriers to recover 
compliance costs for all emergency communications services 
that are not reimbursed out of the Wireless Carrier 
Reimbursement Fund directly from their wireless subscribers by 
line-item charges on the wireless subscriber's bill. Those 
compliance costs include all costs incurred by wireless 
carriers in complying with local, State, and federal 
regulatory or legislative mandates that require the 
transmission and receipt of emergency communications to and 
from the general public, including, but not limited to, 
E9-1-1. 

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
revised 10-26-21.)

 (50 ILCS 750/30)
 (Section scheduled to be repealed on December 31, 2023)
 Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
 (a) A special fund in the State treasury known as the 
Wireless Service Emergency Fund shall be renamed the Statewide 
9-1-1 Fund. Any appropriations made from the Wireless Service 
Emergency Fund shall be payable from the Statewide 9-1-1 Fund. 
The Fund shall consist of the following: 
  (1) 9-1-1 wireless surcharges assessed under the 
 Wireless Emergency Telephone Safety Act.
  (2) 9-1-1 surcharges assessed under Section 20 of this 
 Act.
  (3) Prepaid wireless 9-1-1 surcharges assessed under 
 Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
  (4) Any appropriations, grants, or gifts made to the 
 Fund.
  (5) Any income from interest, premiums, gains, or 
 other earnings on moneys in the Fund.
  (6) Money from any other source that is deposited in 
 or transferred to the Fund. 
 (b) Subject to appropriation and availability of funds, 
the Illinois State Police shall distribute the 9-1-1 
surcharges monthly as follows:
  (1) From each surcharge collected and remitted under 
 Section 20 of this Act:
   (A) $0.013 shall be distributed monthly in equal 
 amounts to each County Emergency Telephone System 
 Board in counties with a population under 100,000 
 according to the most recent census data which is 
 authorized to serve as a primary wireless 9-1-1 public 
 safety answering point for the county and to provide 
 wireless 9-1-1 service as prescribed by subsection (b) 
 of Section 15.6a of this Act, and which does provide 
 such service.
   (B) $0.033 shall be transferred by the Comptroller 
 at the direction of the Illinois State Police to the 
 Wireless Carrier Reimbursement Fund until June 30, 
 2017; from July 1, 2017 through June 30, 2018, $0.026 
 shall be transferred; from July 1, 2018 through June 
 30, 2019, $0.020 shall be transferred; from July 1, 
 2019, through June 30, 2020, $0.013 shall be 
 transferred; from July 1, 2020 through June 30, 2021, 
 $0.007 will be transferred; and after June 30, 2021, 
 no transfer shall be made to the Wireless Carrier 
 Reimbursement Fund.
   (C) Until December 31, 2017, $0.007 and on and 
 after January 1, 2018, $0.017 shall be used to cover 
 the Illinois State Police's administrative costs.
   (D) Beginning January 1, 2018, until June 30, 
 2020, $0.12, and on and after July 1, 2020, $0.04 shall 
 be used to make monthly proportional grants to the 
 appropriate 9-1-1 Authority currently taking wireless 
 9-1-1 based upon the United States Postal Zip Code of 
 the billing addresses of subscribers wireless 
 carriers.
   (E) Until June 30, 2023, $0.05 shall be used by the 
 Illinois State Police for grants for NG9-1-1 expenses, 
 with priority given to 9-1-1 Authorities that provide 
 9-1-1 service within the territory of a Large Electing 
 Provider as defined in Section 13-406.1 of the Public 
 Utilities Act.
   (F) On and after July 1, 2020, $0.13 shall be used 
 for the implementation of and continuing expenses for 
 the Statewide NG9-1-1 system. 
  (2) After disbursements under paragraph (1) of this 
 subsection (b), all remaining funds in the Statewide 9-1-1 
 Fund shall be disbursed in the following priority order: 
   (A) The Fund shall pay monthly to: 
    (i) the 9-1-1 Authorities that imposed 
 surcharges under Section 15.3 of this Act and were 
 required to report to the Illinois Commerce 
 Commission under Section 27 of the Wireless 
 Emergency Telephone Safety Act on October 1, 2014, 
 except a 9-1-1 Authority in a municipality with a 
 population in excess of 500,000, an amount equal 
 to the average monthly wireline and VoIP surcharge 
 revenue attributable to the most recent 12-month 
 period reported to the Illinois State Police under 
 that Section for the October 1, 2014 filing, 
 subject to the power of the Illinois State Police 
 to investigate the amount reported and adjust the 
 number by order under Article X of the Public 
 Utilities Act, so that the monthly amount paid 
 under this item accurately reflects one-twelfth of 
 the aggregate wireline and VoIP surcharge revenue 
 properly attributable to the most recent 12-month 
 period reported to the Commission; or 
    (ii) county qualified governmental entities 
 that did not impose a surcharge under Section 15.3 
 as of December 31, 2015, and counties that did not 
 impose a surcharge as of June 30, 2015, an amount 
 equivalent to their population multiplied by .37 
 multiplied by the rate of $0.69; counties that are 
 not county qualified governmental entities and 
 that did not impose a surcharge as of December 31, 
 2015, shall not begin to receive the payment 
 provided for in this subsection until E9-1-1 and 
 wireless E9-1-1 services are provided within their 
 counties; or 
    (iii) counties without 9-1-1 service that had 
 a surcharge in place by December 31, 2015, an 
 amount equivalent to their population multiplied 
 by .37 multiplied by their surcharge rate as 
 established by the referendum. 
   (B) All 9-1-1 network costs for systems outside of 
 municipalities with a population of at least 500,000 
 shall be paid by the Illinois State Police directly to 
 the vendors.
   (C) All expenses incurred by the Administrator and 
 the Statewide 9-1-1 Advisory Board and costs 
 associated with procurement under Section 15.6b 
 including requests for information and requests for 
 proposals.
   (D) Funds may be held in reserve by the Statewide 
 9-1-1 Advisory Board and disbursed by the Illinois 
 State Police for grants under Section 15.4b of this 
 Act and for NG9-1-1 expenses up to $12.5 million per 
 year in State fiscal years 2016 and 2017; up to $20 
 million in State fiscal year 2018; up to $20.9 million 
 in State fiscal year 2019; up to $15.3 million in State 
 fiscal year 2020; up to $16.2 million in State fiscal 
 year 2021; up to $23.1 million in State fiscal year 
 2022; and up to $17.0 million per year for State fiscal 
 year 2023 and each year thereafter. The amount held in 
 reserve in State fiscal years 2021, 2022, and 2023 
 shall not be less than $6.5 million. Disbursements 
 under this subparagraph (D) shall be prioritized as 
 follows: (i) consolidation grants prioritized under 
 subsection (a) of Section 15.4b of this Act; (ii) 
 NG9-1-1 expenses; and (iii) consolidation grants under 
 Section 15.4b of this Act for consolidation expenses 
 incurred between January 1, 2010, and January 1, 2016. 
   (E) All remaining funds per remit month shall be 
 used to make monthly proportional grants to the 
 appropriate 9-1-1 Authority currently taking wireless 
 9-1-1 based upon the United States Postal Zip Code of 
 the billing addresses of subscribers of wireless 
 carriers. 
 (c) The moneys deposited into the Statewide 9-1-1 Fund 
under this Section shall not be subject to administrative 
charges or chargebacks unless otherwise authorized by this 
Act.
 (d) Whenever two or more 9-1-1 Authorities consolidate, 
the resulting Joint Emergency Telephone System Board shall be 
entitled to the monthly payments that had theretofore been 
made to each consolidating 9-1-1 Authority. Any reserves held 
by any consolidating 9-1-1 Authority shall be transferred to 
the resulting Joint Emergency Telephone System Board. Whenever 
a county that has no 9-1-1 service as of January 1, 2016 enters 
into an agreement to consolidate to create or join a Joint 
Emergency Telephone System Board, the Joint Emergency 
Telephone System Board shall be entitled to the monthly 
payments that would have otherwise been paid to the county if 
it had provided 9-1-1 service. 

(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; 
102-538, eff. 8-20-21; revised 10-5-21.)

 (50 ILCS 750/40)
 (Section scheduled to be repealed on December 31, 2023)
 Sec. 40. Financial reports.
 (a) The Illinois State Police shall create uniform 
accounting procedures, with such modification as may be 
required to give effect to statutory provisions applicable 
only to municipalities with a population in excess of 500,000, 
that any emergency telephone system board or unit of local 
government receiving surcharge money pursuant to Section 15.3, 
15.3a, or 30 of this Act must follow.
 (b) By January 31, 2018, and every January 31 thereafter, 
each emergency telephone system board or unit of local 
government receiving surcharge money pursuant to Section 15.3, 
15.3a, or 30 shall report to the Illinois State Police audited 
financial statements showing total revenue and expenditures 
for the period beginning with the end of the period covered by 
the last submitted report through the end of the previous 
calendar year in a form and manner as prescribed by the 
Illinois State Police. Such financial information shall 
include: 
  (1) a detailed summary of revenue from all sources 
 including, but not limited to, local, State, federal, and 
 private revenues, and any other funds received;
  (2) all expenditures made during the reporting period 
 from distributions under this Act;
  (3) call data and statistics, when available, from the 
 reporting period, as specified by the Illinois State 
 Police and collected in accordance with any reporting 
 method established or required by the Illinois State 
 Police;
  (4) all costs associated with dispatching appropriate 
 public safety agencies to respond to 9-1-1 calls received 
 by the PSAP; and
  (5) all funding sources and amounts of funding used 
 for costs described in paragraph (4) of this subsection 
 (b). 
 The emergency telephone system board or unit of local 
government is responsible for any costs associated with 
auditing such financial statements. The Illinois State Police 
shall post the audited financial statements on the Illinois 
State Police's website. 
 (c) Along with its audited financial statement, each 
emergency telephone system board or unit of local government 
receiving a grant under Section 15.4b of this Act shall 
include a report of the amount of grant moneys received and how 
the grant moneys were used. In case of a conflict between this 
requirement and the Grant Accountability and Transparency Act, 
or with the rules of the Governor's Office of Management and 
Budget adopted thereunder, that Act and those rules shall 
control.
 (d) If an emergency telephone system board that receives 
funds from the Statewide 9-1-1 Fund fails to file the 9-1-1 
system financial reports as required under this Section, the 
Illinois State Police shall suspend and withhold monthly 
disbursements otherwise due to the emergency telephone system 
board under Section 30 of this Act until the report is filed.
 Any monthly disbursements that have been withheld for 12 
months or more shall be forfeited by the emergency telephone 
system board and shall be distributed proportionally by the 
Illinois State Police to compliant emergency telephone system 
boards that receive funds from the Statewide 9-1-1 Fund.
 Any emergency telephone system board not in compliance 
with this Section shall be ineligible to receive any 
consolidation grant or infrastructure grant issued under this 
Act.
 (e) The Illinois State Police may adopt emergency rules 
necessary to implement the provisions of this Section. 

 (f) Any findings or decisions of the Illinois State Police 
under this Section shall be deemed a final administrative 
decision and shall be subject to judicial review under the 
Administrative Review Law. 
 (g) Beginning October 1, 2017, the Illinois State Police 
shall provide a quarterly report to the Statewide 9-1-1 
Advisory Board of its expenditures from the Statewide 9-1-1 
Fund for the prior fiscal quarter. 
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
revised 10-18-21.)

 Section 290. The Counties Code is amended by changing 
Sections 3-9008 and 5-1069.3 and by setting forth, 
renumbering, and changing multiple
versions of Section 5-1186 
as follows:



 (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)



 Sec. 3-9008. Appointment of attorney to perform duties. 
 (a) (Blank).
 (a-5) The court on its own motion, or an interested person 
in a cause or proceeding, civil or criminal, may file a 
petition alleging that the State's Attorney is sick, absent, 
or unable to fulfill the State's Attorney's duties. The court 
shall consider the petition, any documents filed in response, 
and if necessary, grant a hearing to determine whether the 
State's Attorney is sick, absent, or otherwise unable to 
fulfill the State's Attorney's duties. If the court finds that 
the State's Attorney is sick, absent, or otherwise unable to 
fulfill the State's Attorney's duties, the court may appoint 
some competent attorney to prosecute or defend the cause or 
proceeding.
 (a-10) The court on its own motion, or an interested 
person in a cause, proceeding, or other matter arising under 
the State's Attorney's duties, civil or criminal, may file a 
petition alleging that the State's Attorney has an actual 
conflict of interest in the cause, proceeding, or other 
matter. The court shall consider the petition, any documents 
filed in response, and if necessary, grant a hearing to 
determine whether the State's Attorney has an actual conflict 
of interest in the cause, proceeding, or other matter. If the 
court finds that the petitioner has proven by sufficient facts 
and evidence that the State's Attorney has an actual conflict 
of interest in a specific case, the court may appoint some 
competent attorney to prosecute or defend the cause, 
proceeding, or other matter.
 (a-15) Notwithstanding subsections (a-5) and (a-10) of 
this Section, the State's Attorney may file a petition to 
recuse the State's Attorney from a cause or proceeding for any 
other reason the State's Attorney deems appropriate and the 
court shall appoint a special prosecutor as provided in this 
Section.
 (a-20) Prior to appointing a private attorney under this 
Section, the court shall contact public agencies, including, 
but not limited to, the Office of Attorney General, Office of 
the State's Attorneys Appellate Prosecutor, or local State's 
Attorney's Offices throughout the State, to determine a public 
prosecutor's availability to serve as a special prosecutor at 
no cost to the county and shall appoint a public agency if they 
are able and willing to accept the appointment. An attorney so 
appointed shall have the same power and authority in relation 
to the cause or proceeding as the State's Attorney would have 
if present and attending to the cause or proceedings. 
 (b) In case of a vacancy of more than one year
occurring in 
any county in the office of State's attorney, by death,

resignation or otherwise, and it becomes necessary for the 
transaction
of the public business, that some competent 
attorney act as State's
attorney in and for such county during 
the period between the time of
the occurrence of such vacancy 
and the election and qualification of a
State's attorney, as 
provided by law, the vacancy shall be filled upon
the written 
request of a majority of the circuit judges of the circuit
in 
which is located the county where such vacancy exists, by 
appointment
as provided in the Election Code of some competent 
attorney to perform
and discharge all the duties of a State's 
attorney in the said county,
such appointment and all 
authority thereunder to cease upon the election
and 
qualification of a State's attorney, as provided by law. Any

attorney appointed for any reason under this Section shall

possess all the powers and discharge all the
duties of a 
regularly elected State's attorney under the laws of the
State 
to the extent necessary to fulfill the purpose of such

appointment, and shall be paid by the county the State's 
Attorney serves not to exceed in
any one period of 12 months, 
for the reasonable amount of time actually
expended in 
carrying out the purpose of such appointment, the same 
compensation
as provided by law for the State's attorney of 
the county, apportioned,
in the case of lesser amounts of 
compensation,
as to the time of service reasonably and 
actually expended. The county shall participate in all 
agreements on the rate of compensation of a special 
prosecutor. 

 (c) An order granting authority to a special prosecutor 
must be construed strictly and narrowly by the court. The 
power and authority of a special prosecutor shall not be 
expanded without prior notice to the county. In the case of the 
proposed expansion of a special prosecutor's power and 
authority, a county may provide the court with information on 
the financial impact of an expansion on the county. Prior to 
the signing of an order requiring a county to pay for 
attorney's fees or litigation expenses, the county shall be 
provided with a detailed copy of the invoice describing the 
fees, and the invoice shall include all activities performed 
in relation to the case and the amount of time spent on each 
activity. 
(Source: P.A. 102-56, eff. 7-9-21; 102-657, eff. 1-1-22; 
revised 10-18-21.)


 (55 ILCS 5/5-1069.3)

 Sec. 5-1069.3. Required health benefits.  If a county, 
including a home
rule
county, is a self-insurer for purposes 
of providing health insurance coverage
for its employees, the 
coverage shall include coverage for the post-mastectomy
care 
benefits required to be covered by a policy of accident and 
health
insurance under Section 356t and the coverage required 
under Sections 356g, 356g.5, 356g.5-1, 356q, 356u,
356w, 356x, 
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 
356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 
356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 
356z.45, 356z.46, 356z.47, 356z.48, and 356z.51 and 356z.43 of

the Illinois Insurance Code. The coverage shall comply with 
Sections 155.22a, 355b, 356z.19, and 370c of
the Illinois 
Insurance Code. The Department of Insurance shall enforce the 
requirements of this Section. The requirement that health 
benefits be covered
as provided in this Section is an

exclusive power and function of the State and is a denial and 
limitation under
Article VII, Section 6, subsection (h) of the 
Illinois Constitution. A home
rule county to which this 
Section applies must comply with every provision of
this 
Section.


 Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; 
101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. 
1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, 
eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 
102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised 
10-26-21.)

 (55 ILCS 5/5-1186)
 Sec. 5-1186. Kane County criminal courts complex drug 
treatment center. Notwithstanding any other provision of law:
  (1) A private drug addiction treatment center may 
 operate on the property transferred to Kane County in 
 Public Act 86-729.
  (2) Kane County may lease portions of the property 
 transferred to the County in Public Act 86-729 to a 
 not-for-profit or for-profit company for a drug addiction 
 treatment center. Kane County may share in the drug 
 addiction treatment center revenue with a company to whom 
 it leases the property.
  (3) Kane County may authorize the expenditure of funds 
 for a private drug addiction treatment center on the 
 property transferred to the County in Public Act 86-729.

(Source: P.A. 102-281, eff. 8-6-21.)



 (55 ILCS 5/5-1187)


 Sec. 5-1187 5-1186. COVID-19 business relief; waiver of 
business fees, costs, and licensing. Notwithstanding any other 
provision of law, a county board or board of county 
commissioners may, by resolution, waive or provide credit for 
any application or permit costs, fees, or other licensing or 
registration costs for businesses, including, but not limited 
to, professional or business licensing, liquor licenses, 
construction, insurance, sales, builders, contractors, food 
service, delivery, repair, consultation, legal services, 
accounting, transportation, manufacturing, technology, 
assembly, tourism, entertainment, or any business, industry, 
or service the county is permitted by law to regulate or 
license.
 A waiver of business fees or costs shall be subject to an 
application or review process and a demonstration of need 
based upon any financial or logistical hardship as a result of 
the COVID-19 pandemic.
 Any such waiver or credit shall not be construed to apply 
to any of the business and licensing costs of the State or any 
of its agencies or departments and is not an exemption from 
safety, health, or regulatory requirements or inspections of a 
county, municipality, or the State.

(Source: P.A. 102-435, eff. 8-20-21; revised 11-9-21.)


 Section 295. The Illinois Municipal Code is amended by 
changing Sections 8-4-25, 10-1-7, 10-1-7.1, 10-2.1-6, 
10-2.1-6.3, and 10-4-2.3 as follows:



 (65 ILCS 5/8-4-25) (from Ch. 24, par. 8-4-25)



 Sec. 8-4-25. 
Subject to the requirements of the Bond Issue 
Notification
Act, any municipality is authorized to issue from 
time to time
full faith and credit general obligation notes in 
an amount not to exceed
85% of the specific taxes levied for 
the year during which and for which
such notes are issued, 
provided no notes shall be issued in lieu of tax
warrants for 
any tax at any time there are outstanding tax anticipation

warrants against the specific taxes levied for the year. Such 
notes shall
bear interest at a rate not to exceed the maximum 
rate authorized by the
Bond Authorization Act, as amended at 
the time of the making of the
contract, if issued before 
January 1, 1972 and not more than the maximum
rate authorized 
by the Bond Authorization Act, as amended at the time of
the 
making of the contract, if issued after January 1, 1972 and 
shall
mature within two years from date. The first interest 
payment date on any
such notes shall not be earlier than the 
delinquency date of the first
installment of taxes levied to 
pay interest and principal of such notes.
Notes may be issued 
for taxes levied for the following purposes:

 (a) Corporate.

 (b) For the payment of judgments.

 (c) Public Library for Maintenance and Operation.

 (d) Public Library for Buildings and Sites.

 (e) (Blank).

 (f) Relief (General Assistance).

 In order to authorize and issue such notes, the corporate 
authorities
shall adopt an ordinance fixing the amount of the 
notes, the date
thereof, the maturity, rate of interest, place 
of payment and
denomination, which shall be in equal multiples 
of $1,000, and provide
for the levy and collection of a direct 
annual tax upon all the taxable
property in the municipality 
sufficient to pay the principal of and
interest on such notes 
as the same becomes due.

 A certified copy of the ordinance authorizing the issuance 
of the
notes shall be filed in the office of the County Clerk 
of the county in
which the municipality is located, or if the 
municipality lies partly
within two or more counties, a 
certified copy of the ordinance
authorizing such notes shall 
be filed with the County Clerk of each of
the respective 
counties, and it shall be the duty of the County Clerk,
or 
County Clerks, whichever the case may be, to extend the tax 
therefor
in addition to and in excess of all other taxes 
heretofore or hereafter
authorized to be levied by such 
municipality.

 From and after any such notes have been issued and while 
such notes
are outstanding, it shall be the duty of the County 
Clerk or County
Clerks, whichever the case may be, in 
computing the tax rate for the
purpose for which the notes have 
been issued to reduce the tax rate
levied for such purpose by 
the amount levied to pay the principal of and
interest on the 
notes to maturity, provided the tax rate shall not be
reduced 
beyond the amount necessary to reimburse any money borrowed 
from
the working cash fund, and it shall be the duty of the 
Clerk of the
municipality annually, not less than thirty (30) 
days prior to the tax
extension date, to certify to the County 
Clerk, or County Clerks,
whichever the case may be, the amount 
of money borrowed from the working
cash fund to be reimbursed 
from the specific tax levy.

 No reimbursement shall be made to the working cash fund 
until there
has been accumulated from the tax levy provided 
for the notes an amount
sufficient to pay the principal of and 
interest on such notes as the
same become due.

 With respect to instruments for the payment of money 
issued under this
Section either before, on, or after June 6, 
1989 (the effective date of Public Act 86-4) this amendatory

Act of 1989, it is and always has been the intention of the 
General
Assembly (i) that the Omnibus Bond Acts are and always 
have been supplementary
grants of power to issue instruments 
in accordance with the Omnibus Bond
Acts, regardless of any 
provision of this Act that may appear to be or to
have been 
more restrictive than those Acts, (ii) that the provisions of

this Section are not a limitation on the supplementary 
authority granted by
the Omnibus Bond Acts, and (iii) that 
instruments issued under this Section
within the supplementary 
authority granted by the Omnibus Bond Acts are not
invalid 
because of any provision of this Act that may appear to be or 
to
have been more restrictive than those Acts.

(Source: P.A. 102-587, eff. 1-1-22; revised 12-3-21.)




 (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)


 Sec. 10-1-7. Examination of applicants; disqualifications. 

 (a) All applicants for offices or places in the classified 
service, except
those mentioned in Section 10-1-17, are 
subject to examination. The
examination shall be public, 
competitive, and open to all citizens of the
United States, 
with specified limitations as to residence, age, health, 
habits
and moral character.

 (b) Residency requirements in effect at the time an 
individual enters the
fire or police service of a municipality 
(other than a municipality that
has more than 1,000,000 
inhabitants) cannot be made more restrictive
for that 
individual during his or her period of service for that 
municipality,
or be made a condition of promotion, except for 
the rank or position of Fire or
Police Chief. 

 (c) No person with a record of misdemeanor convictions 
except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 
11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions 
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs 
subsections (1), (6), and
(8) of subsection (a) of Section 
24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 
or arrested for any cause but
not convicted on that cause shall 
be disqualified from taking the examination
on grounds of 
habits or moral character, unless the person is attempting to

qualify for a position on the police department, in which case 
the conviction
or arrest may be considered as a factor in 
determining the person's habits or
moral character.

 (d) Persons entitled to military preference under Section 
10-1-16
shall not be subject to limitations specifying age 
unless they are
applicants for a position as a fireman or a 
policeman having no previous
employment status as a fireman or 
policeman in the regularly constituted
fire or police 
department of the municipality, in which case they must not

have attained their 35th birthday, except any person who has 
served as an
auxiliary police officer under Section 3.1-30-20 
for at least 5 years and is
under 40 years of age. 

 (e) All employees of a municipality of less than 500,000 
population (except
those who would be excluded from the 
classified service as provided in this
Division 1) who are 
holding that employment as of the date a municipality
adopts 
this Division 1, or as of July 17, 1959, whichever date is the 
later,
and who have held that employment for at least 2 years 
immediately before that
later date, and all firemen and 
policemen regardless of length of service who
were either 
appointed to their respective positions by the board of fire 
and
police commissioners under the provisions of Division 2 of 
this Article or who
are serving in a position (except as a 
temporary employee) in the fire or
police department in the 
municipality on the date a municipality adopts
this Division 
1, or as of July 17, 1959, whichever date is the later, shall

become members of the classified civil service of the 
municipality
without examination.

 (f) The examinations shall be practical in their 
character, and shall
relate to those matters that will fairly 
test the relative capacity of the
persons examined to 
discharge the duties of the positions to which they
seek to be 
appointed. The examinations shall include tests of physical

qualifications, health, and (when appropriate) manual skill. 
If an applicant
is unable to pass the physical examination 
solely as the result of an injury
received by the applicant as 
the result of the performance of an act of duty
while working 
as a temporary employee in the position for which he or she is

being examined, however, the physical examination shall be 
waived and the
applicant shall be considered to have passed 
the examination. No questions in
any examination shall relate 
to political or religious opinions or
affiliations. Results of 
examinations and the eligible registers prepared from
the 
results shall be published by the commission within 60 days 
after any
examinations are held.

 (g) The commission shall control all examinations, and 
may, whenever an
examination is to take place, designate a 
suitable number of persons,
either in or not in the official 
service of the municipality, to be
examiners. The examiners 
shall conduct the examinations as directed by the
commission 
and shall make a return or report of the examinations to the

commission. If the appointed examiners are in the official 
service of the
municipality, the examiners shall not receive 
extra compensation for conducting
the examinations unless the 
examiners are subject to a collective bargaining agreement 
with the municipality. The commission may at any time 
substitute any other person,
whether or not in the service of 
the municipality, in the place of any one
selected as an 
examiner. The commission members may themselves at any time 
act
as examiners without appointing examiners. The examiners 
at any examination
shall not all be members of the same 
political party.

 (h) In municipalities of 500,000 or more population, no 
person who has
attained his or her 35th birthday shall be 
eligible to take an examination for
a position as a fireman or 
a policeman unless the person has had previous
employment 
status as a policeman or fireman in the regularly constituted 
police
or fire department of the municipality, except as 
provided in this Section.

 (i) In municipalities of more than 5,000 but not more than 
200,000
inhabitants, no person who has attained his or her 
35th birthday shall be
eligible to take an examination for a 
position as a fireman or a policeman
unless the person has had 
previous employment status as a policeman or fireman
in the 
regularly constituted police or fire department of the 
municipality,
except as provided in this Section.

 (j) In all municipalities, applicants who are 20 years of 
age and who have
successfully completed 2 years of law 
enforcement studies at an accredited
college or university may 
be considered for appointment to active duty with
the police 
department. An applicant described in this subsection (j) who 
is
appointed to active duty shall not have power of arrest, nor 
shall the
applicant be permitted to carry firearms, until he 
or she reaches 21 years of
age.

 (k) In municipalities of more than 500,000 population, 
applications for
examination for and appointment to positions 
as firefighters or police
shall be made available at various 
branches of the public library of the
municipality.

 (l) No municipality having a population less than 
1,000,000 shall require
that any fireman appointed to the 
lowest rank serve a probationary employment
period of longer 
than one year. The limitation on periods of probationary

employment provided in Public Act 86-990 this amendatory Act 
of 1989 is an exclusive power and
function of the State. 
Pursuant to subsection (h) of Section 6 of Article VII
of the 
Illinois Constitution, a home rule municipality having a 
population less
than 1,000,000 must comply with this 
limitation on periods of probationary
employment, which is a 
denial and limitation of home rule powers.
Notwithstanding 
anything to the contrary in this Section, the probationary

employment period limitation may be extended for a firefighter 
who is required, as a condition of employment, to be a licensed 
paramedic, during which time the sole reason that a 
firefighter may be discharged without a hearing is for failing 
to meet the requirements for paramedic licensure.

 (m) To the extent that this Section or any other Section in 
this Division conflicts with Section 10-1-7.1 or 10-1-7.2, 
then Section 10-1-7.1 or 10-1-7.2 shall control.
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; 
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-973, eff. 
8-15-14; revised 12-3-21.)


 (65 ILCS 5/10-1-7.1)
 Sec. 10-1-7.1. Original appointments; full-time fire 
department.
 (a) Applicability. Unless a commission elects to follow 
the provisions of Section 10-1-7.2, this Section shall apply 
to all original appointments to an affected full-time fire 
department. Existing registers of eligibles shall continue to 
be valid until their expiration dates, or up to a maximum of 2 
years after August 4, 2011 (the effective date of Public Act 
97-251).
 Notwithstanding any statute, ordinance, rule, or other law 
to the contrary, all original appointments to an affected 
department to which this Section applies shall be administered 
in the manner provided for in this Section. Provisions of the 
Illinois Municipal Code, municipal ordinances, and rules 
adopted pursuant to such authority and other laws relating to 
initial hiring of firefighters in affected departments shall 
continue to apply to the extent they are compatible with this 
Section, but in the event of a conflict between this Section 
and any other law, this Section shall control.
 A home rule or non-home rule municipality may not 
administer its fire department process for original 
appointments in a manner that is less stringent than this 
Section. This Section is a limitation under subsection (i) of 
Section 6 of Article VII of the Illinois Constitution on the 
concurrent exercise by home rule units of the powers and 
functions exercised by the State.
 A municipality that is operating under a court order or 
consent decree regarding original appointments to a full-time 
fire department before August 4, 2011 (the effective date of 
Public Act 97-251) is exempt from the requirements of this 
Section for the duration of the court order or consent decree. 
 Notwithstanding any other provision of this subsection 
(a), this Section does not apply to a municipality with more 
than 1,000,000 inhabitants. 
 (b) Original appointments. All original appointments made 
to an affected fire department shall be made from a register of 
eligibles established in accordance with the processes 
established by this Section. Only persons who meet or exceed 
the performance standards required by this Section shall be 
placed on a register of eligibles for original appointment to 
an affected fire department.
 Whenever an appointing authority authorizes action to hire 
a person to perform the duties of a firefighter or to hire a 
firefighter-paramedic to fill a position that is a new 
position or vacancy due to resignation, discharge, promotion, 
death, the granting of a disability or retirement pension, or 
any other cause, the appointing authority shall appoint to 
that position the person with the highest ranking on the final 
eligibility list. If the appointing authority has reason to 
conclude that the highest ranked person fails to meet the 
minimum standards for the position or if the appointing 
authority believes an alternate candidate would better serve 
the needs of the department, then the appointing authority has 
the right to pass over the highest ranked person and appoint 
either: (i) any person who has a ranking in the top 5% of the 
register of eligibles or (ii) any person who is among the top 5 
highest ranked persons on the list of eligibles if the number 
of people who have a ranking in the top 5% of the register of 
eligibles is less than 5 people.
 Any candidate may pass on an appointment once without 
losing his or her position on the register of eligibles. Any 
candidate who passes a second time may be removed from the list 
by the appointing authority provided that such action shall 
not prejudice a person's opportunities to participate in 
future examinations, including an examination held during the 
time a candidate is already on the municipality's register of 
eligibles.
 The sole authority to issue certificates of appointment 
shall be vested in the Civil Service Commission. All 
certificates of appointment issued to any officer or member of 
an affected department shall be signed by the chairperson and 
secretary, respectively, of the commission upon appointment of 
such officer or member to the affected department by the 
commission. After being selected from the register of 
eligibles to fill a vacancy in the affected department, each 
appointee shall be presented with his or her certificate of 
appointment on the day on which he or she is sworn in as a 
classified member of the affected department. Firefighters who 
were not issued a certificate of appointment when originally 
appointed shall be provided with a certificate within 10 days 
after making a written request to the chairperson of the Civil 
Service Commission. Each person who accepts a certificate of 
appointment and successfully completes his or her probationary 
period shall be enrolled as a firefighter and as a regular 
member of the fire department.
 For the purposes of this Section, "firefighter" means any 
person who has been prior to, on, or after August 4, 2011 (the 
effective date of Public Act 97-251) appointed to a fire 
department or fire protection district or employed by a State 
university and sworn or commissioned to perform firefighter 
duties or paramedic duties, or both, except that the following 
persons are not included: part-time firefighters; auxiliary, 
reserve, or voluntary firefighters, including paid-on-call 
firefighters; clerks and dispatchers or other civilian 
employees of a fire department or fire protection district who 
are not routinely expected to perform firefighter duties; and 
elected officials.
 (c) Qualification for placement on register of eligibles. 
The purpose of establishing a register of eligibles is to 
identify applicants who possess and demonstrate the mental 
aptitude and physical ability to perform the duties required 
of members of the fire department in order to provide the 
highest quality of service to the public. To this end, all 
applicants for original appointment to an affected fire 
department shall be subject to examination and testing which 
shall be public, competitive, and open to all applicants 
unless the municipality shall by ordinance limit applicants to 
residents of the municipality, county or counties in which the 
municipality is located, State, or nation. Any examination and 
testing procedure utilized under subsection (e) of this 
Section shall be supported by appropriate validation evidence 
and shall comply with all applicable State and federal laws. 
Municipalities may establish educational, emergency medical 
service licensure, and other prerequisites for participation 
in an examination or for hire as a firefighter. Any 
municipality may charge a fee to cover the costs of the 
application process.
 Residency requirements in effect at the time an individual 
enters the fire service of a municipality cannot be made more 
restrictive for that individual during his or her period of 
service for that municipality, or be made a condition of 
promotion, except for the rank or position of fire chief and 
for no more than 2 positions that rank immediately below that 
of the chief rank which are appointed positions pursuant to 
the Fire Department Promotion Act.
 No person who is 35 years of age or older shall be eligible 
to take an examination for a position as a firefighter unless 
the person has had previous employment status as a firefighter 
in the regularly constituted fire department of the 
municipality, except as provided in this Section. The age 
limitation does not apply to:
  (1) any person previously employed as a full-time 
 firefighter in a regularly constituted fire department of 
 (i) any municipality or fire protection district located 
 in Illinois, (ii) a fire protection district whose 
 obligations were assumed by a municipality under Section 
 21 of the Fire Protection District Act, or (iii) a 
 municipality whose obligations were taken over by a fire 
 protection district,
  (2) any person who has served a municipality as a 
 regularly enrolled volunteer, paid-on-call, or part-time 
 firefighter, or
  (3) any person who turned 35 while serving as a member 
 of the active or reserve components of any of the branches 
 of the Armed Forces of the United States or the National 
 Guard of any state, whose service was characterized as 
 honorable or under honorable, if separated from the 
 military, and is currently under the age of 40. 
 No person who is under 21 years of age shall be eligible 
for employment as a firefighter.
 No applicant shall be examined concerning his or her 
political or religious opinions or affiliations. The 
examinations shall be conducted by the commissioners of the 
municipality or their designees and agents.
 No municipality shall require that any firefighter 
appointed to the lowest rank serve a probationary employment 
period of longer than one year of actual active employment, 
which may exclude periods of training, or injury or illness 
leaves, including duty related leave, in excess of 30 calendar 
days. Notwithstanding anything to the contrary in this 
Section, the probationary employment period limitation may be 
extended for a firefighter who is required, as a condition of 
employment, to be a licensed paramedic, during which time the 
sole reason that a firefighter may be discharged without a 
hearing is for failing to meet the requirements for paramedic 
licensure.
 In the event that any applicant who has been found 
eligible for appointment and whose name has been placed upon 
the final eligibility register provided for in this Division 1 
has not been appointed to a firefighter position within one 
year after the date of his or her physical ability 
examination, the commission may cause a second examination to 
be made of that applicant's physical ability prior to his or 
her appointment. If, after the second examination, the 
physical ability of the applicant shall be found to be less 
than the minimum standard fixed by the rules of the 
commission, the applicant shall not be appointed. The 
applicant's name may be retained upon the register of 
candidates eligible for appointment and when next reached for 
certification and appointment that applicant may be again 
examined as provided in this Section, and if the physical 
ability of that applicant is found to be less than the minimum 
standard fixed by the rules of the commission, the applicant 
shall not be appointed, and the name of the applicant shall be 
removed from the register.
 (d) Notice, examination, and testing components. Notice of 
the time, place, general scope, merit criteria for any 
subjective component, and fee of every examination shall be 
given by the commission, by a publication at least 2 weeks 
preceding the examination: (i) in one or more newspapers 
published in the municipality, or if no newspaper is published 
therein, then in one or more newspapers with a general 
circulation within the municipality, or (ii) on the 
municipality's Internet website. Additional notice of the 
examination may be given as the commission shall prescribe.
 The examination and qualifying standards for employment of 
firefighters shall be based on: mental aptitude, physical 
ability, preferences, moral character, and health. The mental 
aptitude, physical ability, and preference components shall 
determine an applicant's qualification for and placement on 
the final register of eligibles. The examination may also 
include a subjective component based on merit criteria as 
determined by the commission. Scores from the examination must 
be made available to the public.
 (e) Mental aptitude. No person who does not possess at 
least a high school diploma or an equivalent high school 
education shall be placed on a register of eligibles. 
Examination of an applicant's mental aptitude shall be based 
upon a written examination. The examination shall be practical 
in character and relate to those matters that fairly test the 
capacity of the persons examined to discharge the duties 
performed by members of a fire department. Written 
examinations shall be administered in a manner that ensures 
the security and accuracy of the scores achieved.
 (f) Physical ability. All candidates shall be required to 
undergo an examination of their physical ability to perform 
the essential functions included in the duties they may be 
called upon to perform as a member of a fire department. For 
the purposes of this Section, essential functions of the job 
are functions associated with duties that a firefighter may be 
called upon to perform in response to emergency calls. The 
frequency of the occurrence of those duties as part of the fire 
department's regular routine shall not be a controlling factor 
in the design of examination criteria or evolutions selected 
for testing. These physical examinations shall be open, 
competitive, and based on industry standards designed to test 
each applicant's physical abilities in the following 
dimensions:
  (1) Muscular strength to perform tasks and evolutions 
 that may be required in the performance of duties 
 including grip strength, leg strength, and arm strength. 
 Tests shall be conducted under anaerobic as well as 
 aerobic conditions to test both the candidate's speed and 
 endurance in performing tasks and evolutions. Tasks tested 
 may be based on standards developed, or approved, by the 
 local appointing authority.
  (2) The ability to climb ladders, operate from 
 heights, walk or crawl in the dark along narrow and uneven 
 surfaces, and operate in proximity to hazardous 
 environments.
  (3) The ability to carry out critical, time-sensitive, 
 and complex problem solving during physical exertion in 
 stressful and hazardous environments. The testing 
 environment may be hot and dark with tightly enclosed 
 spaces, flashing lights, sirens, and other distractions.
 The tests utilized to measure each applicant's

capabilities in each of these dimensions may be tests based on

industry standards currently in use or equivalent tests 
approved by the Joint Labor-Management Committee of the Office 
of the State Fire Marshal.
 Physical ability examinations administered under this 
Section shall be conducted with a reasonable number of 
proctors and monitors, open to the public, and subject to 
reasonable regulations of the commission.
 (g) Scoring of examination components. Appointing 
authorities may create a preliminary eligibility register. A 
person shall be placed on the list based upon his or her 
passage of the written examination or the passage of the 
written examination and the physical ability component. 
Passage of the written examination means attaining the minimum 
score set by the commission. Minimum scores should be set by 
the commission so as to demonstrate a candidate's ability to 
perform the essential functions of the job. The minimum score 
set by the commission shall be supported by appropriate 
validation evidence and shall comply with all applicable State 
and federal laws. The appointing authority may conduct the 
physical ability component and any subjective components 
subsequent to the posting of the preliminary eligibility 
register.
 The examination components for an initial eligibility 
register shall be graded on a 100-point scale. A person's 
position on the list shall be determined by the following: (i)

the person's score on the written examination, (ii) the person

successfully passing the physical ability component, and (iii) 
the
person's results on any subjective component as described 
in
subsection (d). 
 In order to qualify for placement on the final eligibility 
register, an applicant's score on the written examination, 
before any applicable preference points or subjective points 
are applied, shall be at or above the minimum score set by the 
commission. The local appointing authority may prescribe the 
score to qualify for placement on the final eligibility 
register, but the score shall not be less than the minimum 
score set by the commission.
 The commission shall prepare and keep a register of 
persons whose total score is not less than the minimum score 
for passage and who have passed the physical ability 
examination. These persons shall take rank upon the register 
as candidates in the order of their relative excellence based 
on the highest to the lowest total points scored on the mental 
aptitude, subjective component, and preference components of 
the test administered in accordance with this Section. No more 
than 60 days after each examination, an initial eligibility 
list shall be posted by the commission. The list shall include 
the final grades of the candidates without reference to 
priority of the time of examination and subject to claim for 
preference credit.
 Commissions may conduct additional examinations, including 
without limitation a polygraph test, after a final eligibility 
register is established and before it expires with the 
candidates ranked by total score without regard to date of 
examination. No more than 60 days after each examination, an 
initial eligibility list shall be posted by the commission 
showing the final grades of the candidates without reference 
to priority of time of examination and subject to claim for 
preference credit.
 (h) Preferences. The following are preferences:
  (1) Veteran preference. Persons who were engaged in 
 the military service of the United States for a period of 
 at least one year of active duty and who were honorably 
 discharged therefrom, or who are now or have been members 
 on inactive or reserve duty in such military or naval 
 service, shall be preferred for appointment to and 
 employment with the fire department of an affected 
 department.
  (2) Fire cadet preference. Persons who have 
 successfully completed 2 years of study in fire techniques 
 or cadet training within a cadet program established under 
 the rules of the Joint Labor and Management Committee 
 (JLMC), as defined in Section 50 of the Fire Department 
 Promotion Act, may be preferred for appointment to and 
 employment with the fire department.
  (3) Educational preference. Persons who have 
 successfully obtained an associate's degree in the field 
 of fire service or emergency medical services, or a 
 bachelor's degree from an accredited college or university 
 may be preferred for appointment to and employment with 
 the fire department.
  (4) Paramedic preference. Persons who have obtained a 
 license as a paramedic may be preferred for appointment to 
 and employment with the fire department of an affected 
 department providing emergency medical services.
  (5) Experience preference. All persons employed by a 
 municipality who have been paid-on-call or part-time 
 certified Firefighter II, certified Firefighter III, State 
 of Illinois or nationally licensed EMT, EMT-I, A-EMT, or 
 paramedic, or any combination of those capacities may be 
 awarded up to a maximum of 5 points. However, the 
 applicant may not be awarded more than 0.5 points for each 
 complete year of paid-on-call or part-time service. 
 Applicants from outside the municipality who were employed 
 as full-time firefighters or firefighter-paramedics by a 
 fire protection district or another municipality may be 
 awarded up to 5 experience preference points. However, the 
 applicant may not be awarded more than one point for each 
 complete year of full-time service.
  Upon request by the commission, the governing body of 
 the municipality or in the case of applicants from outside 
 the municipality the governing body of any fire protection 
 district or any other municipality shall certify to the 
 commission, within 10 days after the request, the number 
 of years of successful paid-on-call, part-time, or 
 full-time service of any person. A candidate may not 
 receive the full amount of preference points under this 
 subsection if the amount of points awarded would place the 
 candidate before a veteran on the eligibility list. If 
 more than one candidate receiving experience preference 
 points is prevented from receiving all of their points due 
 to not being allowed to pass a veteran, the candidates 
 shall be placed on the list below the veteran in rank order 
 based on the totals received if all points under this 
 subsection were to be awarded. Any remaining ties on the 
 list shall be determined by lot. 
  (6) Residency preference. Applicants whose principal 
 residence is located within the fire department's 
 jurisdiction may be preferred for appointment to and 
 employment with the fire department.
  (7) Additional preferences. Up to 5 additional 
 preference points may be awarded for unique categories 
 based on an applicant's experience or background as 
 identified by the commission.
  (7.5) Apprentice preferences. A person who has 
 performed fire suppression service for a department as a 
 firefighter apprentice and otherwise meets the 
 qualifications for original appointment as a firefighter 
 specified in this Section may be awarded up to 20 
 preference points. To qualify for preference points, an 
 applicant shall have completed a minimum of 600 hours of 
 fire suppression work on a regular shift for the affected 
 fire department over a 12-month period. The fire 
 suppression work must be in accordance with Section 
 10-1-14 of this Division and the terms established by a 
 Joint Apprenticeship Committee included in a collective 
 bargaining agreement agreed between the employer and its 
 certified bargaining agent. An eligible applicant must 
 apply to the Joint Apprenticeship Committee for preference 
 points under this item. The Joint Apprenticeship Committee 
 shall evaluate the merit of the applicant's performance, 
 determine the preference points to be awarded, and certify 
 the amount of points awarded to the commissioners. The 
 commissioners may add the certified preference points to 
 the final grades achieved by the applicant on the other 
 components of the examination. 
  (8) Scoring of preferences. The commission shall give 
 preference for original appointment to persons designated 
 in item (1)
by adding to the final grade that they receive 
 5 points
for the recognized preference achieved. The 
 commission may give preference for original appointment to 
 persons designated in item (7.5) by adding to the final 
 grade the amount of points designated by the Joint 
 Apprenticeship Committee as defined in item (7.5). The 
 commission shall determine the number of preference points 
 for each category, except items (1) and (7.5). The number 
 of preference points for each category shall range from 0 
 to 5, except item (7.5). In determining the number of 
 preference points, the commission shall prescribe that if 
 a candidate earns the maximum number of preference points 
 in all categories except item (7.5), that number may not 
 be less than 10 nor more than 30. The commission shall give 
 preference for original appointment to persons designated 
 in items (2) through (7) by adding the requisite number of 
 points to the final grade for each recognized preference 
 achieved. The numerical result thus attained shall be 
 applied by the commission in determining the final 
 eligibility list and appointment from the eligibility 
 list. The local appointing authority may prescribe the 
 total number of preference points awarded under this 
 Section, but the total number of preference points, except 
 item (7.5), shall not be less than 10 points or more than 
 30 points. Apprentice preference points may be added in 
 addition to other preference points awarded by the 
 commission. 
 No person entitled to any preference shall be required to 
claim the credit before any examination held under the 
provisions of this Section, but the preference shall be given 
after the posting or publication of the initial eligibility 
list or register at the request of a person entitled to a 
credit before any certification or appointments are made from 
the eligibility register, upon the furnishing of verifiable 
evidence and proof of qualifying preference credit. Candidates 
who are eligible for preference credit shall make a claim in 
writing within 10 days after the posting of the initial 
eligibility list, or the claim shall be deemed waived. Final 
eligibility registers shall be established after the awarding 
of verified preference points. However, apprentice preference 
credit earned subsequent to the establishment of the final 
eligibility register may be applied to the applicant's score 
upon certification by the Joint Apprenticeship Committee to 
the commission and the rank order of candidates on the final 
eligibility register shall be adjusted accordingly. All 
employment shall be subject to the commission's initial hire 
background review, including, but not limited to, criminal 
history, employment history, moral character, oral 
examination, and medical and psychological examinations, all 
on a pass-fail basis. The medical and psychological 
examinations must be conducted last, and may only be performed 
after a conditional offer of employment has been extended.
 Any person placed on an eligibility list who exceeds the 
age requirement before being appointed to a fire department 
shall remain eligible for appointment until the list is 
abolished, or his or her name has been on the list for a period 
of 2 years. No person who has attained the age of 35 years 
shall be inducted into a fire department, except as otherwise 
provided in this Section.
 The commission shall strike off the names of candidates 
for original appointment after the names have been on the list 
for more than 2 years.
 (i) Moral character. No person shall be appointed to a 
fire department unless he or she is a person of good character; 
not a habitual drunkard, a gambler, or a person who has been 
convicted of a felony or a crime involving moral turpitude. 
However, no person shall be disqualified from appointment to 
the fire department because of the person's record of 
misdemeanor convictions except those under Sections 11-6, 
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs 
(1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of 
Section 24-1 of the Criminal Code of 1961 or the Criminal Code 
of 2012, or arrest for any cause without conviction thereon. 
Any such person who is in the department may be removed on 
charges brought for violating this subsection and after a 
trial as hereinafter provided.
 A classifiable set of the fingerprints of every person who 
is offered employment as a certificated member of an affected 
fire department whether with or without compensation, shall be 
furnished to the Illinois State Police and to the Federal 
Bureau of Investigation by the commission.
 Whenever a commission is authorized or required by law to 
consider some aspect of criminal history record information 
for the purpose of carrying out its statutory powers and 
responsibilities, then, upon request and payment of fees in 
conformance with the requirements of Section 2605-400 of the 
Illinois State Police Law of the Civil Administrative Code of 
Illinois, the Illinois State Police is authorized to furnish, 
pursuant to positive identification, the information contained 
in State files as is necessary to fulfill the request.
 (j) Temporary appointments. In order to prevent a stoppage 
of public business, to meet extraordinary exigencies, or to 
prevent material impairment of the fire department, the 
commission may make temporary appointments, to remain in force 
only until regular appointments are made under the provisions 
of this Division, but never to exceed 60 days. No temporary 
appointment of any one person shall be made more than twice in 
any calendar year.
 (k) A person who knowingly divulges or receives test 
questions or answers before a written examination, or 
otherwise knowingly violates or subverts any requirement of 
this Section, commits a violation of this Section and may be 
subject to charges for official misconduct.
 A person who is the knowing recipient of test information 
in advance of the examination shall be disqualified from the 
examination or discharged from the position to which he or she 
was appointed, as applicable, and otherwise subjected to 
disciplinary actions.

(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; 
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised 
10-5-21.)



 (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)


 Sec. 10-2.1-6. Examination of applicants; 
disqualifications. 

 (a) All applicants for a position in either the fire or 
police department
of the municipality shall be under 35 years 
of age, shall be subject to an
examination that shall be 
public, competitive, and open to all applicants
(unless the 
council or board of trustees by ordinance limit applicants to

electors of the municipality, county, state or nation) and 
shall be subject to
reasonable limitations as to residence, 
health, habits, and moral character.
The municipality may not 
charge or collect any fee from an applicant who has
met all 
prequalification standards established by the municipality for 
any such
position. With respect to a police department, a 
veteran shall be allowed to exceed the maximum age provision 
of this Section by the number of years served on active 
military duty, but by no more than 10 years of active military 
duty. 

 (b) Residency requirements in effect at the time an 
individual enters the
fire or police service of a municipality 
(other than a municipality that
has more than 1,000,000 
inhabitants) cannot be made more restrictive for
that 
individual during his period of service for that municipality, 
or be
made a condition of promotion, except for the rank or 
position of Fire or
Police Chief. 

 (c) No person with a record of misdemeanor convictions 
except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 
11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,

31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions 
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs 
subsections (1), (6), and (8) of subsection (a) of
Section 
24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, 
or arrested for any cause but not
convicted on that cause shall 
be disqualified from taking the examination to
qualify for a 
position in the fire department on grounds of habits or moral

character.

 (d) The age limitation in subsection (a) does not apply 
(i) to any person
previously employed as a policeman or 
fireman in a regularly constituted police
or fire department 
of (I) any municipality, regardless of whether the 
municipality is located in Illinois or in another state, or 
(II) a fire protection district
whose obligations were assumed 
by a municipality under Section 21 of the Fire
Protection 
District Act, (ii) to any person who has served a municipality 
as a
regularly enrolled volunteer fireman for 5 years 
immediately preceding the time
that municipality begins to use 
full time firemen to provide all or part of its
fire protection 
service, or (iii) to any person who has served as an auxiliary 
police officer under Section 3.1-30-20 for at least 5 years 
and is under 40 years of
age, (iv) to any person who has served 
as a deputy under Section 3-6008 of
the Counties Code and 
otherwise meets necessary training requirements, or (v) to any 
person who has served as a sworn officer as a member of the 
Illinois State Police.

 (e) Applicants who are 20 years of age and who have 
successfully completed 2
years of law enforcement studies at 
an accredited college or university may be
considered for 
appointment to active duty with the police department. An

applicant described in this subsection (e) who is appointed to 
active duty
shall not have power of arrest, nor shall the 
applicant be permitted to carry
firearms, until he or she 
reaches 21 years of age.

 (f) Applicants who are 18 years of age and who have 
successfully
completed 2 years of study in fire techniques, 
amounting to a total of 4
high school credits, within the cadet 
program of a municipality may be
considered for appointment to 
active duty with the fire department of any
municipality. 

 (g) The council or board of trustees may by ordinance 
provide
that persons residing outside the municipality are 
eligible to take the
examination. 

 (h) The examinations shall be practical in character and 
relate to
those matters that will fairly test the capacity of 
the persons examined
to discharge the duties of the positions 
to which they seek appointment. No
person shall be appointed 
to the police or fire department if he or she does
not possess 
a high school diploma or an equivalent high school education.

A board of fire and police commissioners may, by its rules, 
require police
applicants to have obtained an associate's 
degree or a bachelor's degree as a
prerequisite for 
employment. The
examinations shall include tests of physical 
qualifications and health. A board of fire and police 
commissioners may, by its rules, waive portions of the 
required examination for police applicants who have previously 
been full-time sworn officers of a regular police department 
in any municipal, county, university, or State law enforcement 
agency, provided they are certified by the Illinois Law 
Enforcement Training Standards Board and have been with their 
respective law enforcement agency within the State for at 
least 2 years. No
person shall be appointed to the police or 
fire department if he or she has
suffered the amputation of any 
limb unless the applicant's duties will be only
clerical or as 
a radio operator. No applicant shall be examined concerning 
his
or her political or religious opinions or affiliations. 
The examinations shall
be conducted by the board of fire and 
police commissioners of the municipality
as provided in this 
Division 2.1.

 The requirement that a police applicant possess an 
associate's degree under this subsection may be waived if one 
or more of the following applies: (1) the applicant has served 
for 24 months of honorable active duty in the United States 
Armed Forces and has not been discharged dishonorably or under 
circumstances other than honorable; (2) the applicant has 
served for 180 days of active duty in the United States Armed 
Forces in combat duty recognized by the Department of Defense 
and has not been discharged dishonorably or under 
circumstances other than honorable; or (3) the applicant has 
successfully received credit for a minimum of 60 credit hours 
toward a bachelor's degree from an accredited college or 
university.
 The requirement that a police applicant possess a 
bachelor's degree under this subsection may be waived if one 
or more of the following applies: (1) the applicant has served 
for 36 months of honorable active duty in the United States 
Armed Forces and has not been discharged dishonorably or under 
circumstances other than honorable or (2) the applicant has 
served for 180 days of active duty in the United States Armed 
Forces in combat duty recognized by the Department of Defense 
and has not been discharged dishonorably or under 
circumstances other than honorable. 
 (i) No person who is classified by his local selective 
service draft board
as a conscientious objector, or who has 
ever been so classified, may be
appointed to the police 
department.

 (j) No person shall be appointed to the police or fire 
department unless he
or she is a person of good character and 
not an habitual drunkard, gambler, or
a person who has been 
convicted of a felony or a crime involving moral
turpitude. No 
person, however, shall be disqualified from appointment to the

fire department because of his or her record of misdemeanor 
convictions except
those under Sections 11-1.50, 11-6, 11-7, 
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,

12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 
31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, 
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and 
paragraphs subsections (1), (6), and (8) of subsection (a) of 
Section
24-1 of the Criminal Code of 1961 or the Criminal Code 
of 2012, or arrest for any cause without conviction on
that 
cause. Any such person who is in the department may be removed 
on charges
brought and after a trial as provided in this 
Division 2.1.

(Source: P.A. 102-538, eff. 8-20-21; revised 12-3-21.)


 (65 ILCS 5/10-2.1-6.3)
 Sec. 10-2.1-6.3. Original appointments; full-time fire 
department.
 (a) Applicability. Unless a commission elects to follow 
the provisions of Section 10-2.1-6.4, this Section shall apply 
to all original appointments to an affected full-time fire 
department. Existing registers of eligibles shall continue to 
be valid until their expiration dates, or up to a maximum of 2 
years after August 4, 2011 (the effective date of Public Act 
97-251).
 Notwithstanding any statute, ordinance, rule, or other law 
to the contrary, all original appointments to an affected 
department to which this Section applies shall be administered 
in the manner provided for in this Section. Provisions of the 
Illinois Municipal Code, municipal ordinances, and rules 
adopted pursuant to such authority and other laws relating to 
initial hiring of firefighters in affected departments shall 
continue to apply to the extent they are compatible with this 
Section, but in the event of a conflict between this Section 
and any other law, this Section shall control.
 A home rule or non-home rule municipality may not 
administer its fire department process for original 
appointments in a manner that is less stringent than this 
Section. This Section is a limitation under subsection (i) of 
Section 6 of Article VII of the Illinois Constitution on the 
concurrent exercise by home rule units of the powers and 
functions exercised by the State.
 A municipality that is operating under a court order or 
consent decree regarding original appointments to a full-time 
fire department before August 4, 2011 (the effective date of 
Public Act 97-251) is exempt from the requirements of this 
Section for the duration of the court order or consent decree.
 Notwithstanding any other provision of this subsection 
(a), this Section does not apply to a municipality with more 
than 1,000,000 inhabitants. 
 (b) Original appointments. All original appointments made 
to an affected fire department shall be made from a register of 
eligibles established in accordance with the processes 
established by this Section. Only persons who meet or exceed 
the performance standards required by this Section shall be 
placed on a register of eligibles for original appointment to 
an affected fire department.
 Whenever an appointing authority authorizes action to hire 
a person to perform the duties of a firefighter or to hire a 
firefighter-paramedic to fill a position that is a new 
position or vacancy due to resignation, discharge, promotion, 
death, the granting of a disability or retirement pension, or 
any other cause, the appointing authority shall appoint to 
that position the person with the highest ranking on the final 
eligibility list. If the appointing authority has reason to 
conclude that the highest ranked person fails to meet the 
minimum standards for the position or if the appointing 
authority believes an alternate candidate would better serve 
the needs of the department, then the appointing authority has 
the right to pass over the highest ranked person and appoint 
either: (i) any person who has a ranking in the top 5% of the 
register of eligibles or (ii) any person who is among the top 5 
highest ranked persons on the list of eligibles if the number 
of people who have a ranking in the top 5% of the register of 
eligibles is less than 5 people.
 Any candidate may pass on an appointment once without 
losing his or her position on the register of eligibles. Any 
candidate who passes a second time may be removed from the list 
by the appointing authority provided that such action shall 
not prejudice a person's opportunities to participate in 
future examinations, including an examination held during the 
time a candidate is already on the municipality's register of 
eligibles.
 The sole authority to issue certificates of appointment 
shall be vested in the board of fire and police commissioners. 
All certificates of appointment issued to any officer or 
member of an affected department shall be signed by the 
chairperson and secretary, respectively, of the board upon 
appointment of such officer or member to the affected 
department by action of the board. After being selected from 
the register of eligibles to fill a vacancy in the affected 
department, each appointee shall be presented with his or her 
certificate of appointment on the day on which he or she is 
sworn in as a classified member of the affected department. 
Firefighters who were not issued a certificate of appointment 
when originally appointed shall be provided with a certificate 
within 10 days after making a written request to the 
chairperson of the board of fire and police commissioners. 
Each person who accepts a certificate of appointment and 
successfully completes his or her probationary period shall be 
enrolled as a firefighter and as a regular member of the fire 
department.
 For the purposes of this Section, "firefighter" means any 
person who has been prior to, on, or after August 4, 2011 (the 
effective date of Public Act 97-251) appointed to a fire 
department or fire protection district or employed by a State 
university and sworn or commissioned to perform firefighter 
duties or paramedic duties, or both, except that the following 
persons are not included: part-time firefighters; auxiliary, 
reserve, or voluntary firefighters, including paid-on-call 
firefighters; clerks and dispatchers or other civilian 
employees of a fire department or fire protection district who 
are not routinely expected to perform firefighter duties; and 
elected officials.
 (c) Qualification for placement on register of eligibles. 
The purpose of establishing a register of eligibles is to 
identify applicants who possess and demonstrate the mental 
aptitude and physical ability to perform the duties required 
of members of the fire department in order to provide the 
highest quality of service to the public. To this end, all 
applicants for original appointment to an affected fire 
department shall be subject to examination and testing which 
shall be public, competitive, and open to all applicants 
unless the municipality shall by ordinance limit applicants to 
residents of the municipality, county or counties in which the 
municipality is located, State, or nation. Any examination and 
testing procedure utilized under subsection (e) of this 
Section shall be supported by appropriate validation evidence 
and shall comply with all applicable State and federal laws. 
Municipalities may establish educational, emergency medical 
service licensure, and other prerequisites for participation 
in an examination or for hire as a firefighter. Any 
municipality may charge a fee to cover the costs of the 
application process.
 Residency requirements in effect at the time an individual 
enters the fire service of a municipality cannot be made more 
restrictive for that individual during his or her period of 
service for that municipality, or be made a condition of 
promotion, except for the rank or position of fire chief and 
for no more than 2 positions that rank immediately below that 
of the chief rank which are appointed positions pursuant to 
the Fire Department Promotion Act.
 No person who is 35 years of age or older shall be eligible 
to take an examination for a position as a firefighter unless 
the person has had previous employment status as a firefighter 
in the regularly constituted fire department of the 
municipality, except as provided in this Section. The age 
limitation does not apply to:
  (1) any person previously employed as a full-time 
 firefighter in a regularly constituted fire department of 
 (i) any municipality or fire protection district located 
 in Illinois, (ii) a fire protection district whose 
 obligations were assumed by a municipality under Section 
 21 of the Fire Protection District Act, or (iii) a 
 municipality whose obligations were taken over by a fire 
 protection district,
  (2) any person who has served a municipality as a 
 regularly enrolled volunteer, paid-on-call, or part-time 
 firefighter, or
  (3) any person who turned 35 while serving as a member 
 of the active or reserve components of any of the branches 
 of the Armed Forces of the United States or the National 
 Guard of any state, whose service was characterized as 
 honorable or under honorable, if separated from the 
 military, and is currently under the age of 40. 
 No person who is under 21 years of age shall be eligible 
for employment as a firefighter.
 No applicant shall be examined concerning his or her 
political or religious opinions or affiliations. The 
examinations shall be conducted by the commissioners of the 
municipality or their designees and agents.
 No municipality shall require that any firefighter 
appointed to the lowest rank serve a probationary employment 
period of longer than one year of actual active employment, 
which may exclude periods of training, or injury or illness 
leaves, including duty related leave, in excess of 30 calendar 
days. Notwithstanding anything to the contrary in this 
Section, the probationary employment period limitation may be 
extended for a firefighter who is required, as a condition of 
employment, to be a licensed paramedic, during which time the 
sole reason that a firefighter may be discharged without a 
hearing is for failing to meet the requirements for paramedic 
licensure.
 In the event that any applicant who has been found 
eligible for appointment and whose name has been placed upon 
the final eligibility register provided for in this Section 
has not been appointed to a firefighter position within one 
year after the date of his or her physical ability 
examination, the commission may cause a second examination to 
be made of that applicant's physical ability prior to his or 
her appointment. If, after the second examination, the 
physical ability of the applicant shall be found to be less 
than the minimum standard fixed by the rules of the 
commission, the applicant shall not be appointed. The 
applicant's name may be retained upon the register of 
candidates eligible for appointment and when next reached for 
certification and appointment that applicant may be again 
examined as provided in this Section, and if the physical 
ability of that applicant is found to be less than the minimum 
standard fixed by the rules of the commission, the applicant 
shall not be appointed, and the name of the applicant shall be 
removed from the register.
 (d) Notice, examination, and testing components. Notice of 
the time, place, general scope, merit criteria for any 
subjective component, and fee of every examination shall be 
given by the commission, by a publication at least 2 weeks 
preceding the examination: (i) in one or more newspapers 
published in the municipality, or if no newspaper is published 
therein, then in one or more newspapers with a general 
circulation within the municipality, or (ii) on the 
municipality's Internet website. Additional notice of the 
examination may be given as the commission shall prescribe.
 The examination and qualifying standards for employment of 
firefighters shall be based on: mental aptitude, physical 
ability, preferences, moral character, and health. The mental 
aptitude, physical ability, and preference components shall 
determine an applicant's qualification for and placement on 
the final register of eligibles. The examination may also 
include a subjective component based on merit criteria as 
determined by the commission. Scores from the examination must 
be made available to the public.
 (e) Mental aptitude. No person who does not possess at 
least a high school diploma or an equivalent high school 
education shall be placed on a register of eligibles. 
Examination of an applicant's mental aptitude shall be based 
upon a written examination. The examination shall be practical 
in character and relate to those matters that fairly test the 
capacity of the persons examined to discharge the duties 
performed by members of a fire department. Written 
examinations shall be administered in a manner that ensures 
the security and accuracy of the scores achieved.
 (f) Physical ability. All candidates shall be required to 
undergo an examination of their physical ability to perform 
the essential functions included in the duties they may be 
called upon to perform as a member of a fire department. For 
the purposes of this Section, essential functions of the job 
are functions associated with duties that a firefighter may be 
called upon to perform in response to emergency calls. The 
frequency of the occurrence of those duties as part of the fire 
department's regular routine shall not be a controlling factor 
in the design of examination criteria or evolutions selected 
for testing. These physical examinations shall be open, 
competitive, and based on industry standards designed to test 
each applicant's physical abilities in the following 
dimensions:
  (1) Muscular strength to perform tasks and evolutions 
 that may be required in the performance of duties 
 including grip strength, leg strength, and arm strength. 
 Tests shall be conducted under anaerobic as well as 
 aerobic conditions to test both the candidate's speed and 
 endurance in performing tasks and evolutions. Tasks tested 
 may be based on standards developed, or approved, by the 
 local appointing authority.
  (2) The ability to climb ladders, operate from 
 heights, walk or crawl in the dark along narrow and uneven 
 surfaces, and operate in proximity to hazardous 
 environments.
  (3) The ability to carry out critical, time-sensitive, 
 and complex problem solving during physical exertion in 
 stressful and hazardous environments. The testing 
 environment may be hot and dark with tightly enclosed 
 spaces, flashing lights, sirens, and other distractions.
 The tests utilized to measure each applicant's

capabilities in each of these dimensions may be tests based on

industry standards currently in use or equivalent tests 
approved by the Joint Labor-Management Committee of the Office 
of the State Fire Marshal. 
 Physical ability examinations administered under this 
Section shall be conducted with a reasonable number of 
proctors and monitors, open to the public, and subject to 
reasonable regulations of the commission.
 (g) Scoring of examination components. Appointing 
authorities may create a preliminary eligibility register. A 
person shall be placed on the list based upon his or her 
passage of the written examination or the passage of the 
written examination and the physical ability component. 
Passage of the written examination means attaining the minimum 
score set by the commission. Minimum scores should be set by 
the commission so as to demonstrate a candidate's ability to 
perform the essential functions of the job. The minimum score 
set by the commission shall be supported by appropriate 
validation evidence and shall comply with all applicable State 
and federal laws. The appointing authority may conduct the 
physical ability component and any subjective components 
subsequent to the posting of the preliminary eligibility 
register.
 The examination components for an initial eligibility 
register shall be graded on a 100-point scale. A person's 
position on the list shall be determined by the following: (i)

the person's score on the written examination, (ii) the person

successfully passing the physical ability component, and (iii) 
the
person's results on any subjective component as described 
in
subsection (d). 
 In order to qualify for placement on the final eligibility 
register, an applicant's score on the written examination, 
before any applicable preference points or subjective points 
are applied, shall be at or above the minimum score as set by 
the commission. The local appointing authority may prescribe 
the score to qualify for placement on the final eligibility 
register, but the score shall not be less than the minimum 
score set by the commission.
 The commission shall prepare and keep a register of 
persons whose total score is not less than the minimum score 
for passage and who have passed the physical ability 
examination. These persons shall take rank upon the register 
as candidates in the order of their relative excellence based 
on the highest to the lowest total points scored on the mental 
aptitude, subjective component, and preference components of 
the test administered in accordance with this Section. No more 
than 60 days after each examination, an initial eligibility 
list shall be posted by the commission. The list shall include 
the final grades of the candidates without reference to 
priority of the time of examination and subject to claim for 
preference credit.
 Commissions may conduct additional examinations, including 
without limitation a polygraph test, after a final eligibility 
register is established and before it expires with the 
candidates ranked by total score without regard to date of 
examination. No more than 60 days after each examination, an 
initial eligibility list shall be posted by the commission 
showing the final grades of the candidates without reference 
to priority of time of examination and subject to claim for 
preference credit.
 (h) Preferences. The following are preferences:
  (1) Veteran preference. Persons who were engaged in 
 the military service of the United States for a period of 
 at least one year of active duty and who were honorably 
 discharged therefrom, or who are now or have been members 
 on inactive or reserve duty in such military or naval 
 service, shall be preferred for appointment to and 
 employment with the fire department of an affected 
 department.
  (2) Fire cadet preference. Persons who have 
 successfully completed 2 years of study in fire techniques 
 or cadet training within a cadet program established under 
 the rules of the Joint Labor and Management Committee 
 (JLMC), as defined in Section 50 of the Fire Department 
 Promotion Act, may be preferred for appointment to and 
 employment with the fire department.
  (3) Educational preference. Persons who have 
 successfully obtained an associate's degree in the field 
 of fire service or emergency medical services, or a 
 bachelor's degree from an accredited college or university 
 may be preferred for appointment to and employment with 
 the fire department.
  (4) Paramedic preference. Persons who have obtained a 
 license as a paramedic shall be preferred for appointment 
 to and employment with the fire department of an affected 
 department providing emergency medical services.
  (5) Experience preference. All persons employed by a 
 municipality who have been paid-on-call or part-time 
 certified Firefighter II, State of Illinois or nationally 
 licensed EMT, EMT-I, A-EMT, or any combination of those 
 capacities shall be awarded 0.5 point for each year of 
 successful service in one or more of those capacities, up 
 to a maximum of 5 points. Certified Firefighter III and 
 State of Illinois or nationally licensed paramedics shall 
 be awarded one point per year up to a maximum of 5 points. 
 Applicants from outside the municipality who were employed 
 as full-time firefighters or firefighter-paramedics by a 
 fire protection district or another municipality for at 
 least 2 years shall be awarded 5 experience preference 
 points. These additional points presuppose a rating scale 
 totaling 100 points available for the eligibility list. If 
 more or fewer points are used in the rating scale for the 
 eligibility list, the points awarded under this subsection 
 shall be increased or decreased by a factor equal to the 
 total possible points available for the examination 
 divided by 100.
  Upon request by the commission, the governing body of 
 the municipality or in the case of applicants from outside 
 the municipality the governing body of any fire protection 
 district or any other municipality shall certify to the 
 commission, within 10 days after the request, the number 
 of years of successful paid-on-call, part-time, or 
 full-time service of any person. A candidate may not 
 receive the full amount of preference points under this 
 subsection if the amount of points awarded would place the 
 candidate before a veteran on the eligibility list. If 
 more than one candidate receiving experience preference 
 points is prevented from receiving all of their points due 
 to not being allowed to pass a veteran, the candidates 
 shall be placed on the list below the veteran in rank order 
 based on the totals received if all points under this 
 subsection were to be awarded. Any remaining ties on the 
 list shall be determined by lot. 
  (6) Residency preference. Applicants whose principal 
 residence is located within the fire department's 
 jurisdiction shall be preferred for appointment to and 
 employment with the fire department.
  (7) Additional preferences. Up to 5 additional 
 preference points may be awarded for unique categories 
 based on an applicant's experience or background as 
 identified by the commission.
  (7.5) Apprentice preferences. A person who has 
 performed fire suppression service for a department as a 
 firefighter apprentice and otherwise meets the 
 qualifications for original appointment as a firefighter 
 specified in this Section is eligible to be awarded up to 
 20 preference points. To qualify for preference points, an 
 applicant shall have completed a minimum of 600 hours of 
 fire suppression work on a regular shift for the affected 
 fire department over a 12-month period. The fire 
 suppression work must be in accordance with Section 
 10-2.1-4 of this Division and the terms established by a 
 Joint Apprenticeship Committee included in a collective 
 bargaining agreement agreed between the employer and its 
 certified bargaining agent. An eligible applicant must 
 apply to the Joint Apprenticeship Committee for preference 
 points under this item. The Joint Apprenticeship Committee 
 shall evaluate the merit of the applicant's performance, 
 determine the preference points to be awarded, and certify 
 the amount of points awarded to the commissioners. The 
 commissioners may add the certified preference points to 
 the final grades achieved by the applicant on the other 
 components of the examination. 
  (8) Scoring of preferences. The commission may give 
 preference for original appointment
to persons designated 
 in item (1)
by adding to the final grade that they receive 
 5 points
for the recognized preference achieved. The 
 commission may give preference for original appointment to 
 persons designated in item (7.5) by adding to the final 
 grade the amount of points designated by the Joint 
 Apprenticeship Committee as defined in item (7.5). The 
 commission shall determine the number of preference points 
 for each category, except items (1) and (7.5). The number 
 of preference points for each category shall range from 0 
 to 5, except item (7.5). In determining the number of 
 preference points, the commission shall prescribe that if 
 a candidate earns the maximum number of preference points 
 in all categories except item (7.5), that number may not 
 be less than 10 nor more than 30. The commission shall give 
 preference for original appointment to persons designated 
 in items (2) through (7) by adding the requisite number of 
 points to the final grade for each recognized preference 
 achieved. The numerical result thus attained shall be 
 applied by the commission in determining the final 
 eligibility list and appointment from the eligibility 
 list. The local appointing authority may prescribe the 
 total number of preference points awarded under this 
 Section, but the total number of preference points, except 
 item (7.5), shall not be less than 10 points or more than 
 30 points. Apprentice preference points may be added in 
 addition to other preference points awarded by the 
 commission. 
 No person entitled to any preference shall be required to 
claim the credit before any examination held under the 
provisions of this Section, but the preference may be given 
after the posting or publication of the initial eligibility 
list or register at the request of a person entitled to a 
credit before any certification or appointments are made from 
the eligibility register, upon the furnishing of verifiable 
evidence and proof of qualifying preference credit. Candidates 
who are eligible for preference credit may make a claim in 
writing within 10 days after the posting of the initial 
eligibility list, or the claim may be deemed waived. Final 
eligibility registers may be established after the awarding of 
verified preference points. However, apprentice preference 
credit earned subsequent to the establishment of the final 
eligibility register may be applied to the applicant's score 
upon certification by the Joint Apprenticeship Committee to 
the commission and the rank order of candidates on the final 
eligibility register shall be adjusted accordingly. All 
employment shall be subject to the commission's initial hire 
background review, including, but not limited to, criminal 
history, employment history, moral character, oral 
examination, and medical and psychological examinations, all 
on a pass-fail basis. The medical and psychological 
examinations must be conducted last, and may only be performed 
after a conditional offer of employment has been extended.
 Any person placed on an eligibility list who exceeds the 
age requirement before being appointed to a fire department 
shall remain eligible for appointment until the list is 
abolished, or his or her name has been on the list for a period 
of 2 years. No person who has attained the age of 35 years 
shall be inducted into a fire department, except as otherwise 
provided in this Section.
 The commission shall strike off the names of candidates 
for original appointment after the names have been on the list 
for more than 2 years.
 (i) Moral character. No person shall be appointed to a 
fire department unless he or she is a person of good character; 
not a habitual drunkard, a gambler, or a person who has been 
convicted of a felony or a crime involving moral turpitude. 
However, no person shall be disqualified from appointment to 
the fire department because of the person's record of 
misdemeanor convictions except those under Sections 11-6, 
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs 
(1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of 
Section 24-1 of the Criminal Code of 1961 or the Criminal Code 
of 2012, or arrest for any cause without conviction thereon. 
Any such person who is in the department may be removed on 
charges brought for violating this subsection and after a 
trial as hereinafter provided.
 A classifiable set of the fingerprints of every person who 
is offered employment as a certificated member of an affected 
fire department whether with or without compensation, shall be 
furnished to the Illinois State Police and to the Federal 
Bureau of Investigation by the commission.
 Whenever a commission is authorized or required by law to 
consider some aspect of criminal history record information 
for the purpose of carrying out its statutory powers and 
responsibilities, then, upon request and payment of fees in 
conformance with the requirements of Section 2605-400 of the 
Illinois State Police Law of the Civil Administrative Code of 
Illinois, the Illinois State Police is authorized to furnish, 
pursuant to positive identification, the information contained 
in State files as is necessary to fulfill the request.
 (j) Temporary appointments. In order to prevent a stoppage 
of public business, to meet extraordinary exigencies, or to 
prevent material impairment of the fire department, the 
commission may make temporary appointments, to remain in force 
only until regular appointments are made under the provisions 
of this Division, but never to exceed 60 days. No temporary 
appointment of any one person shall be made more than twice in 
any calendar year.
 (k) A person who knowingly divulges or receives test 
questions or answers before a written examination, or 
otherwise knowingly violates or subverts any requirement of 
this Section, commits a violation of this Section and may be 
subject to charges for official misconduct.
 A person who is the knowing recipient of test information 
in advance of the examination shall be disqualified from the 
examination or discharged from the position to which he or she 
was appointed, as applicable, and otherwise subjected to 
disciplinary actions.

(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; 
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised 
10-5-21.)

 (65 ILCS 5/10-4-2.3)

 Sec. 10-4-2.3. Required health benefits.  If a 
municipality, including a
home rule municipality, is a 
self-insurer for purposes of providing health
insurance 
coverage for its employees, the coverage shall include 
coverage for
the post-mastectomy care benefits required to be 
covered by a policy of
accident and health insurance under 
Section 356t and the coverage required
under Sections 356g, 
356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.6, 356z.8, 
356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 
356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 
356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 
356z.48, and 356z.51 and 356z.43 of the Illinois
Insurance

Code. The coverage shall comply with Sections 155.22a, 355b, 
356z.19, and 370c of
the Illinois Insurance Code. The 
Department of Insurance shall enforce the requirements of this 
Section. The requirement that health
benefits be covered as 
provided in this is an exclusive power and function of
the 
State and is a denial and limitation under Article VII, 
Section 6,
subsection (h) of the Illinois Constitution. A home 
rule municipality to which
this Section applies must comply 
with every provision of this Section.


 Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; 
101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. 
1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, 
eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 
102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised 
10-26-21.)

 Section 300. The Revised Cities and Villages Act of 1941 
is amended by changing Section 21-5.1 as follows:




 (65 ILCS 20/21-5.1) (from Ch. 24, par. 21-5.1)



 Sec. 21-5.1. Vice Mayor; election; duties; compensation. 
Mayor - election - duties - compensation.) Following
election 
and qualification of alderpersons at a general election as 
provided
by Section 21-22 of this Act, the City Council shall 
elect, from among its
members, a Vice Mayor, to serve as 
interim Mayor of Chicago in the event
that a vacancy occurs in 
the office of Mayor or in the event that the Council

determines, by 3/5 vote, that the Mayor is under a permanent or 
protracted
disability caused by illness or injury which 
renders the Mayor unable to
serve. The Vice Mayor shall serve 
as interim Mayor. He will serve until
the City Council shall 
elect one of its members acting Mayor or until the
mayoral term 
expires.

 The Vice Mayor shall receive no compensation as such, but 
shall receive
compensation as an alderperson even while 
serving as interim Mayor. While
serving as interim Mayor, the 
Vice Mayor shall possess all rights and powers
and shall 
perform the duties of Mayor.

(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)


 Section 305. The Fire Protection District Act is amended 
by changing Sections 16.06 and 16.06b as follows:



 (70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)

 Sec. 16.06. Eligibility for positions in fire department;

disqualifications.
 (a) All applicants for a position in the fire department 
of the
fire protection district shall be under 35 years of age 
and shall be
subjected to examination, which shall be public, 
competitive, and free to
all applicants, subject to reasonable 
limitations as to health, habits, and
moral character; 
provided that the foregoing age limitation shall not apply
in 
the case of any person having previous employment status as a 
fireman in a
regularly constituted fire department of any fire 
protection district, and
further provided that each fireman or 
fire chief who is a member in
good standing in a regularly 
constituted fire department of any municipality
which shall be 
or shall have subsequently been included within the boundaries

of any fire protection district now or hereafter organized 
shall be given
a preference for original appointment in the 
same class, grade or employment
over all other applicants. The 
examinations shall be practical in their
character and shall 
relate to those matters which will fairly test the persons

examined as to their relative capacity to discharge the duties 
of the positions
to which they seek appointment. The 
examinations shall include tests of
physical qualifications 
and health. No applicant, however, shall be examined

concerning his political or religious opinions or 
affiliations. The
examinations shall be conducted by the board 
of fire commissioners.

 In any fire protection district that employs full-time 
firefighters and is subject to a collective bargaining 
agreement, a person who has not qualified for regular 
appointment under the provisions of this Section shall not be 
used as a temporary or permanent substitute for certificated 
members of a fire district's fire department or for regular 
appointment as a certificated member of a fire district's fire 
department unless mutually agreed to by the employee's 
certified bargaining agent. Such agreement shall be considered 
a permissive subject of bargaining. Fire protection districts 
covered by the changes made by Public Act 95-490 this 
amendatory Act of the 95th General Assembly that are using 
non-certificated employees as substitutes immediately prior to 
June 1, 2008 (the effective date of Public Act 95-490) this 
amendatory Act of the 95th General Assembly may, by mutual 
agreement with the certified bargaining agent, continue the 
existing practice or a modified practice and that agreement 
shall be considered a permissive subject of bargaining.

 (b) No person shall be appointed to the fire department 
unless he or she is
a person of good character and not a person 
who has been convicted of a felony
in Illinois or convicted in 
another jurisdiction for conduct that would be a
felony under 
Illinois law, or convicted of a crime involving moral 
turpitude.
No person,
however, shall be disqualified from 
appointment to the fire department because
of his or her 
record of misdemeanor convictions, except those under Sections

11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 
11-30, 11-35, 12-2, 12-6, 12-15, 14-4,
16-1,
21.1-3, 24-3.1, 
24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,

32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 
11-14.3, and paragraphs subsections (1), (6), and (8) of 
subsection (a) of Section 24-1 of the Criminal
Code of 1961 or 
the Criminal Code of 2012.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13; 
revised 12-3-21.)


 (70 ILCS 705/16.06b)
 Sec. 16.06b. Original appointments; full-time fire 
department.
 (a) Applicability. Unless a commission elects to follow 
the provisions of Section 16.06c, this Section shall apply to 
all original appointments to an affected full-time fire 
department. Existing registers of eligibles shall continue to 
be valid until their expiration dates, or up to a maximum of 2 
years after August 4, 2011 (the effective date of Public Act 
97-251).
 Notwithstanding any statute, ordinance, rule, or other law 
to the contrary, all original appointments to an affected 
department to which this Section applies shall be administered 
in a no less stringent manner than the manner provided for in 
this Section. Provisions of the Illinois Municipal Code, Fire 
Protection District Act, fire district ordinances, and rules 
adopted pursuant to such authority and other laws relating to 
initial hiring of firefighters in affected departments shall 
continue to apply to the extent they are compatible with this 
Section, but in the event of a conflict between this Section 
and any other law, this Section shall control.
 A fire protection district that is operating under a court 
order or consent decree regarding original appointments to a 
full-time fire department before August 4, 2011 (the effective 
date of Public Act 97-251) is exempt from the requirements of 
this Section for the duration of the court order or consent 
decree.
 (b) Original appointments. All original appointments made 
to an affected fire department shall be made from a register of 
eligibles established in accordance with the processes 
required by this Section. Only persons who meet or exceed the 
performance standards required by the Section shall be placed 
on a register of eligibles for original appointment to an 
affected fire department.
 Whenever an appointing authority authorizes action to hire 
a person to perform the duties of a firefighter or to hire a 
firefighter-paramedic to fill a position that is a new 
position or vacancy due to resignation, discharge, promotion, 
death, the granting of a disability or retirement pension, or 
any other cause, the appointing authority shall appoint to 
that position the person with the highest ranking on the final 
eligibility list. If the appointing authority has reason to 
conclude that the highest ranked person fails to meet the 
minimum standards for the position or if the appointing 
authority believes an alternate candidate would better serve 
the needs of the department, then the appointing authority has 
the right to pass over the highest ranked person and appoint 
either: (i) any person who has a ranking in the top 5% of the 
register of eligibles or (ii) any person who is among the top 5 
highest ranked persons on the list of eligibles if the number 
of people who have a ranking in the top 5% of the register of 
eligibles is less than 5 people.
 Any candidate may pass on an appointment once without 
losing his or her position on the register of eligibles. Any 
candidate who passes a second time may be removed from the list 
by the appointing authority provided that such action shall 
not prejudice a person's opportunities to participate in 
future examinations, including an examination held during the 
time a candidate is already on the fire district's register of 
eligibles.
 The sole authority to issue certificates of appointment 
shall be vested in the board of fire commissioners, or board of 
trustees serving in the capacity of a board of fire 
commissioners. All certificates of appointment issued to any 
officer or member of an affected department shall be signed by 
the chairperson and secretary, respectively, of the commission 
upon appointment of such officer or member to the affected 
department by action of the commission. After being selected 
from the register of eligibles to fill a vacancy in the 
affected department, each appointee shall be presented with 
his or her certificate of appointment on the day on which he or 
she is sworn in as a classified member of the affected 
department. Firefighters who were not issued a certificate of 
appointment when originally appointed shall be provided with a 
certificate within 10 days after making a written request to 
the chairperson of the board of fire commissioners, or board 
of trustees serving in the capacity of a board of fire 
commissioners. Each person who accepts a certificate of 
appointment and successfully completes his or her probationary 
period shall be enrolled as a firefighter and as a regular 
member of the fire department.
 For the purposes of this Section, "firefighter" means any 
person who has been prior to, on, or after August 4, 2011 (the 
effective date of Public Act 97-251) appointed to a fire 
department or fire protection district or employed by a State 
university and sworn or commissioned to perform firefighter 
duties or paramedic duties, or both, except that the following 
persons are not included: part-time firefighters; auxiliary, 
reserve, or voluntary firefighters, including paid-on-call 
firefighters; clerks and dispatchers or other civilian 
employees of a fire department or fire protection district who 
are not routinely expected to perform firefighter duties; and 
elected officials.
 (c) Qualification for placement on register of eligibles. 
The purpose of establishing a register of eligibles is to 
identify applicants who possess and demonstrate the mental 
aptitude and physical ability to perform the duties required 
of members of the fire department in order to provide the 
highest quality of service to the public. To this end, all 
applicants for original appointment to an affected fire 
department shall be subject to examination and testing which 
shall be public, competitive, and open to all applicants 
unless the district shall by ordinance limit applicants to 
residents of the district, county or counties in which the 
district is located, State, or nation. Any examination and 
testing procedure utilized under subsection (e) of this 
Section shall be supported by appropriate validation evidence 
and shall comply with all applicable State and federal laws. 
Districts may establish educational, emergency medical service 
licensure, and other prerequisites for participation in an 
examination or for hire as a firefighter. Any fire protection 
district may charge a fee to cover the costs of the application 
process.
 Residency requirements in effect at the time an individual 
enters the fire service of a district cannot be made more 
restrictive for that individual during his or her period of 
service for that district, or be made a condition of 
promotion, except for the rank or position of fire chief and 
for no more than 2 positions that rank immediately below that 
of the chief rank which are appointed positions pursuant to 
the Fire Department Promotion Act.
 No person who is 35 years of age or older shall be eligible 
to take an examination for a position as a firefighter unless 
the person has had previous employment status as a firefighter 
in the regularly constituted fire department of the district, 
except as provided in this Section. The age limitation does 
not apply to:
  (1) any person previously employed as a full-time 
 firefighter in a regularly constituted fire department of 
 (i) any municipality or fire protection district located 
 in Illinois, (ii) a fire protection district whose 
 obligations were assumed by a municipality under Section 
 21 of the Fire Protection District Act, or (iii) a 
 municipality whose obligations were taken over by a fire 
 protection district;
  (2) any person who has served a fire district as a 
 regularly enrolled volunteer, paid-on-call, or part-time 
 firefighter; or
  (3) any person who turned 35 while serving as a member 
 of the active or reserve components of any of the branches 
 of the Armed Forces of the United States or the National 
 Guard of any state, whose service was characterized as 
 honorable or under honorable, if separated from the 
 military, and is currently under the age of 40. 
 No person who is under 21 years of age shall be eligible 
for employment as a firefighter.
 No applicant shall be examined concerning his or her 
political or religious opinions or affiliations. The 
examinations shall be conducted by the commissioners of the 
district or their designees and agents.
 No district shall require that any firefighter appointed 
to the lowest rank serve a probationary employment period of 
longer than one year of actual active employment, which may 
exclude periods of training, or injury or illness leaves, 
including duty related leave, in excess of 30 calendar days. 
Notwithstanding anything to the contrary in this Section, the 
probationary employment period limitation may be extended for 
a firefighter who is required, as a condition of employment, 
to be a licensed paramedic, during which time the sole reason 
that a firefighter may be discharged without a hearing is for 
failing to meet the requirements for paramedic licensure.
 In the event that any applicant who has been found 
eligible for appointment and whose name has been placed upon 
the final eligibility register provided for in this Section 
has not been appointed to a firefighter position within one 
year after the date of his or her physical ability 
examination, the commission may cause a second examination to 
be made of that applicant's physical ability prior to his or 
her appointment. If, after the second examination, the 
physical ability of the applicant shall be found to be less 
than the minimum standard fixed by the rules of the 
commission, the applicant shall not be appointed. The 
applicant's name may be retained upon the register of 
candidates eligible for appointment and when next reached for 
certification and appointment that applicant may be again 
examined as provided in this Section, and if the physical 
ability of that applicant is found to be less than the minimum 
standard fixed by the rules of the commission, the applicant 
shall not be appointed, and the name of the applicant shall be 
removed from the register.
 (d) Notice, examination, and testing components. Notice of 
the time, place, general scope, merit criteria for any 
subjective component, and fee of every examination shall be 
given by the commission, by a publication at least 2 weeks 
preceding the examination: (i) in one or more newspapers 
published in the district, or if no newspaper is published 
therein, then in one or more newspapers with a general 
circulation within the district, or (ii) on the fire 
protection district's Internet website. Additional notice of 
the examination may be given as the commission shall 
prescribe.
 The examination and qualifying standards for employment of 
firefighters shall be based on: mental aptitude, physical 
ability, preferences, moral character, and health. The mental 
aptitude, physical ability, and preference components shall 
determine an applicant's qualification for and placement on 
the final register of eligibles. The examination may also 
include a subjective component based on merit criteria as 
determined by the commission. Scores from the examination must 
be made available to the public.
 (e) Mental aptitude. No person who does not possess at 
least a high school diploma or an equivalent high school 
education shall be placed on a register of eligibles. 
Examination of an applicant's mental aptitude shall be based 
upon a written examination. The examination shall be practical 
in character and relate to those matters that fairly test the 
capacity of the persons examined to discharge the duties 
performed by members of a fire department. Written 
examinations shall be administered in a manner that ensures 
the security and accuracy of the scores achieved.
 (f) Physical ability. All candidates shall be required to 
undergo an examination of their physical ability to perform 
the essential functions included in the duties they may be 
called upon to perform as a member of a fire department. For 
the purposes of this Section, essential functions of the job 
are functions associated with duties that a firefighter may be 
called upon to perform in response to emergency calls. The 
frequency of the occurrence of those duties as part of the fire 
department's regular routine shall not be a controlling factor 
in the design of examination criteria or evolutions selected 
for testing. These physical examinations shall be open, 
competitive, and based on industry standards designed to test 
each applicant's physical abilities in the following 
dimensions:
  (1) Muscular strength to perform tasks and evolutions 
 that may be required in the performance of duties 
 including grip strength, leg strength, and arm strength. 
 Tests shall be conducted under anaerobic as well as 
 aerobic conditions to test both the candidate's speed and 
 endurance in performing tasks and evolutions. Tasks tested 
 may be based on standards developed, or approved, by the 
 local appointing authority.
  (2) The ability to climb ladders, operate from 
 heights, walk or crawl in the dark along narrow and uneven 
 surfaces, and operate in proximity to hazardous 
 environments.
  (3) The ability to carry out critical, time-sensitive, 
 and complex problem solving during physical exertion in 
 stressful and hazardous environments. The testing 
 environment may be hot and dark with tightly enclosed 
 spaces, flashing lights, sirens, and other distractions.
 The tests utilized to measure each applicant's

capabilities in each of these dimensions may be tests based on

industry standards currently in use or equivalent tests 
approved by the Joint Labor-Management Committee of the Office 
of the State Fire Marshal. 
 Physical ability examinations administered under this 
Section shall be conducted with a reasonable number of 
proctors and monitors, open to the public, and subject to 
reasonable regulations of the commission.
 (g) Scoring of examination components. Appointing 
authorities may create a preliminary eligibility register. A 
person shall be placed on the list based upon his or her 
passage of the written examination or the passage of the 
written examination and the physical ability component. 
Passage of the written examination means attaining the minimum 
score set by the commission. Minimum scores should be set by 
the appointing authorities so as to demonstrate a candidate's 
ability to perform the essential functions of the job. The 
minimum score set by the commission shall be supported by 
appropriate validation evidence and shall comply with all 
applicable State and federal laws. The appointing authority 
may conduct the physical ability component and any subjective 
components subsequent to the posting of the preliminary 
eligibility register.
 The examination components for an initial eligibility 
register shall be graded on a 100-point scale. A person's 
position on the list shall be determined by the following: (i)

the person's score on the written examination, (ii) the person

successfully passing the physical ability component, and (iii) 
the
person's results on any subjective component as described 
in
subsection (d). 
 In order to qualify for placement on the final eligibility 
register, an applicant's score on the written examination, 
before any applicable preference points or subjective points 
are applied, shall be at or above the minimum score set by the 
commission. The local appointing authority may prescribe the 
score to qualify for placement on the final eligibility 
register, but the score shall not be less than the minimum 
score set by the commission.
 The commission shall prepare and keep a register of 
persons whose total score is not less than the minimum score 
for passage and who have passed the physical ability 
examination. These persons shall take rank upon the register 
as candidates in the order of their relative excellence based 
on the highest to the lowest total points scored on the mental 
aptitude, subjective component, and preference components of 
the test administered in accordance with this Section. No more 
than 60 days after each examination, an initial eligibility 
list shall be posted by the commission. The list shall include 
the final grades of the candidates without reference to 
priority of the time of examination and subject to claim for 
preference credit.
 Commissions may conduct additional examinations, including 
without limitation a polygraph test, after a final eligibility 
register is established and before it expires with the 
candidates ranked by total score without regard to date of 
examination. No more than 60 days after each examination, an 
initial eligibility list shall be posted by the commission 
showing the final grades of the candidates without reference 
to priority of time of examination and subject to claim for 
preference credit.
 (h) Preferences. The following are preferences:
  (1) Veteran preference. Persons who were engaged in 
 the military service of the United States for a period of 
 at least one year of active duty and who were honorably 
 discharged therefrom, or who are now or have been members 
 on inactive or reserve duty in such military or naval 
 service, shall be preferred for appointment to and 
 employment with the fire department of an affected 
 department.
  (2) Fire cadet preference. Persons who have 
 successfully completed 2 years of study in fire techniques 
 or cadet training within a cadet program established under 
 the rules of the Joint Labor and Management Committee 
 (JLMC), as defined in Section 50 of the Fire Department 
 Promotion Act, may be preferred for appointment to and 
 employment with the fire department.
  (3) Educational preference. Persons who have 
 successfully obtained an associate's degree in the field 
 of fire service or emergency medical services, or a 
 bachelor's degree from an accredited college or university 
 may be preferred for appointment to and employment with 
 the fire department.
  (4) Paramedic preference. Persons who have obtained a 
 license as a paramedic may be preferred for appointment to 
 and employment with the fire department of an affected 
 department providing emergency medical services.
  (5) Experience preference. All persons employed by a 
 district who have been paid-on-call or part-time certified 
 Firefighter II, certified Firefighter III, State of 
 Illinois or nationally licensed EMT, EMT-I, A-EMT, or 
 paramedic, or any combination of those capacities may be 
 awarded up to a maximum of 5 points. However, the 
 applicant may not be awarded more than 0.5 points for each 
 complete year of paid-on-call or part-time service. 
 Applicants from outside the district who were employed as 
 full-time firefighters or firefighter-paramedics by a fire 
 protection district or municipality for at least 2 years 
 may be awarded up to 5 experience preference points. 
 However, the applicant may not be awarded more than one 
 point for each complete year of full-time service.
  Upon request by the commission, the governing body of 
 the district or in the case of applicants from outside the 
 district the governing body of any other fire protection 
 district or any municipality shall certify to the 
 commission, within 10 days after the request, the number 
 of years of successful paid-on-call, part-time, or 
 full-time service of any person. A candidate may not 
 receive the full amount of preference points under this 
 subsection if the amount of points awarded would place the 
 candidate before a veteran on the eligibility list. If 
 more than one candidate receiving experience preference 
 points is prevented from receiving all of their points due 
 to not being allowed to pass a veteran, the candidates 
 shall be placed on the list below the veteran in rank order 
 based on the totals received if all points under this 
 subsection were to be awarded. Any remaining ties on the 
 list shall be determined by lot. 
  (6) Residency preference. Applicants whose principal 
 residence is located within the fire department's 
 jurisdiction may be preferred for appointment to and 
 employment with the fire department.
  (7) Additional preferences. Up to 5 additional 
 preference points may be awarded for unique categories 
 based on an applicant's experience or background as 
 identified by the commission.
  (7.5) Apprentice preferences. A person who has 
 performed fire suppression service for a department as a 
 firefighter apprentice and otherwise meets the 
 qualifications for original appointment as a firefighter 
 specified in this Section is eligible to be awarded up to 
 20 preference points. To qualify for preference points, an 
 applicant shall have completed a minimum of 600 hours of 
 fire suppression work on a regular shift for the affected 
 fire department over a 12-month period. The fire 
 suppression work must be in accordance with Section 16.06 
 of this Act and the terms established by a Joint 
 Apprenticeship Committee included in a collective 
 bargaining agreement agreed between the employer and its 
 certified bargaining agent. An eligible applicant must 
 apply to the Joint Apprenticeship Committee for preference 
 points under this item. The Joint Apprenticeship Committee 
 shall evaluate the merit of the applicant's performance, 
 determine the preference points to be awarded, and certify 
 the amount of points awarded to the commissioners. The 
 commissioners may add the certified preference points to 
 the final grades achieved by the applicant on the other 
 components of the examination. 
  (8) Scoring of preferences. The
commission shall give 
 preference for original appointment
to persons designated 
 in item (1)
by adding to the final grade that they receive 
 5 points
for the recognized preference achieved. The 
 commission may give preference for original appointment to 
 persons designated in item (7.5) by adding to the final 
 grade the amount of points designated by the Joint 
 Apprenticeship Committee as defined in item (7.5). The 
 commission shall determine the number of preference points 
 for each category, except (1) and (7.5). The number of 
 preference points for each category shall range from 0 to 
 5, except item (7.5). In determining the number of 
 preference points, the commission shall prescribe that if 
 a candidate earns the maximum number of preference points 
 in all categories except item (7.5), that number may not 
 be less than 10 nor more than 30. The commission shall give 
 preference for original appointment to persons designated 
 in items (2) through (7) by adding the requisite number of 
 points to the final grade for each recognized preference 
 achieved. The numerical result thus attained shall be 
 applied by the commission in determining the final 
 eligibility list and appointment from the eligibility 
 list. The local appointing authority may prescribe the 
 total number of preference points awarded under this 
 Section, but the total number of preference points, except 
 item (7.5), shall not be less than 10 points or more than 
 30 points. Apprentice preference points may be added in 
 addition to other preference points awarded by the 
 commission. 
 No person entitled to any preference shall be required to 
claim the credit before any examination held under the 
provisions of this Section, but the preference shall be given 
after the posting or publication of the initial eligibility 
list or register at the request of a person entitled to a 
credit before any certification or appointments are made from 
the eligibility register, upon the furnishing of verifiable 
evidence and proof of qualifying preference credit. Candidates 
who are eligible for preference credit shall make a claim in 
writing within 10 days after the posting of the initial 
eligibility list, or the claim shall be deemed waived. Final 
eligibility registers shall be established after the awarding 
of verified preference points. However, apprentice preference 
credit earned subsequent to the establishment of the final 
eligibility register may be applied to the applicant's score 
upon certification by the Joint Apprenticeship Committee to 
the commission and the rank order of candidates on the final 
eligibility register shall be adjusted accordingly. All 
employment shall be subject to the commission's initial hire 
background review, including, but not limited to, criminal 
history, employment history, moral character, oral 
examination, and medical and psychological examinations, all 
on a pass-fail basis. The medical and psychological 
examinations must be conducted last, and may only be performed 
after a conditional offer of employment has been extended.
 Any person placed on an eligibility list who exceeds the 
age requirement before being appointed to a fire department 
shall remain eligible for appointment until the list is 
abolished, or his or her name has been on the list for a period 
of 2 years. No person who has attained the age of 35 years 
shall be inducted into a fire department, except as otherwise 
provided in this Section.
 The commission shall strike off the names of candidates 
for original appointment after the names have been on the list 
for more than 2 years.
 (i) Moral character. No person shall be appointed to a 
fire department unless he or she is a person of good character; 
not a habitual drunkard, a gambler, or a person who has been 
convicted of a felony or a crime involving moral turpitude. 
However, no person shall be disqualified from appointment to 
the fire department because of the person's record of 
misdemeanor convictions except those under Sections 11-6, 
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs 
(1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of 
Section 24-1 of the Criminal Code of 1961 or the Criminal Code 
of 2012, or arrest for any cause without conviction thereon. 
Any such person who is in the department may be removed on 
charges brought for violating this subsection and after a 
trial as hereinafter provided.
 A classifiable set of the fingerprints of every person who 
is offered employment as a certificated member of an affected 
fire department whether with or without compensation, shall be 
furnished to the Illinois State Police and to the Federal 
Bureau of Investigation by the commission.
 Whenever a commission is authorized or required by law to 
consider some aspect of criminal history record information 
for the purpose of carrying out its statutory powers and 
responsibilities, then, upon request and payment of fees in 
conformance with the requirements of Section 2605-400 of the 
Illinois State Police Law of the Civil Administrative Code of 
Illinois, the Illinois State Police is authorized to furnish, 
pursuant to positive identification, the information contained 
in State files as is necessary to fulfill the request.
 (j) Temporary appointments. In order to prevent a stoppage 
of public business, to meet extraordinary exigencies, or to 
prevent material impairment of the fire department, the 
commission may make temporary appointments, to remain in force 
only until regular appointments are made under the provisions 
of this Section, but never to exceed 60 days. No temporary 
appointment of any one person shall be made more than twice in 
any calendar year.
 (k) A person who knowingly divulges or receives test 
questions or answers before a written examination, or 
otherwise knowingly violates or subverts any requirement of 
this Section, commits a violation of this Section and may be 
subject to charges for official misconduct.
 A person who is the knowing recipient of test information 
in advance of the examination shall be disqualified from the 
examination or discharged from the position to which he or she 
was appointed, as applicable, and otherwise subjected to 
disciplinary actions.

(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; 
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised 
11-23-21.)

 Section 310. The School Code is amended by changing 
Sections 2-3.25o, 2-3.80, 10-17a, 10-21.9, 10-22.3f, 10-22.6, 
10-22.39, 10-27.1A, 14-8.02, 18-8.15, 21A-25.5, 22-30, 24-2, 
26-1, 26-2a, 26-13, 27-23.7, 27A-5, 29-5, 34-2.1, 34-4.5, 
34-18.5, 34-18.8, and 34-21.9, by setting forth, renumbering, 
and changing multiple
versions of Sections 2-3.182, 10-20.73, 
10-20.75, 14-17, and 22-90, and by setting forth and 
renumbering Sections 27-23.15 and 34-18.67 as follows:

 (105 ILCS 5/2-3.25o)

 Sec. 2-3.25o. Registration and recognition of non-public 
elementary and
secondary schools.

 (a) Findings. The General Assembly finds and declares (i) 
that the
Constitution
of the State of Illinois provides that a 
"fundamental goal of the People of the
State is the

educational development of all persons to the limits of their 
capacities" and
(ii) that the
educational development of every 
school student serves the public purposes of
the State.
In 
order to ensure that all Illinois students and teachers have 
the opportunity
to enroll and
work in State-approved 
educational institutions and programs, the State Board
of

Education shall provide for the voluntary registration and 
recognition of
non-public
elementary and secondary schools.


 (b) Registration. All non-public elementary and secondary 
schools in the
State
of
Illinois may voluntarily register with 
the State Board of Education on an
annual basis. Registration 
shall
be completed
in conformance with procedures prescribed 
by the State Board of Education.
Information
required for 
registration shall include assurances of compliance (i) with

federal
and State
laws regarding health examination and 
immunization, attendance, length of term,
and

nondiscrimination, including assurances that the school will 
not prohibit hairstyles historically associated with race, 
ethnicity, or hair texture, including, but not limited to, 
protective hairstyles such as braids, locks, and twists, and 
(ii) with applicable fire and health safety requirements.

 (c) Recognition. All non-public elementary and secondary 
schools in the
State of
Illinois may voluntarily seek the 
status of "Non-public School Recognition"
from
the State
Board 
of Education. This status may be obtained by compliance with

administrative
guidelines and review procedures as prescribed 
by the State Board of Education.
The
guidelines and procedures 
must recognize that some of the aims and the
financial bases of

non-public schools are different from public schools and will 
not be identical
to those for
public schools, nor will they be 
more burdensome. The guidelines and procedures
must
also 
recognize the diversity of non-public schools and shall not 
impinge upon
the
noneducational relationships between those 
schools and their clientele.


 (c-5) Prohibition against recognition. A non-public 
elementary or secondary school may not obtain "Non-public 
School Recognition" status unless the school requires all 
certified and non-certified applicants for employment with the 
school, after July 1, 2007, to authorize a fingerprint-based 
criminal history records check as a condition of employment to 
determine if such applicants have been convicted of any of the 
enumerated criminal or drug offenses set forth in Section 
21B-80 of this Code or have been convicted, within 7 years of 
the application for employment, of any other felony under the 
laws of this State or of any offense committed or attempted in 
any other state or against the laws of the United States that, 
if committed or attempted in this State, would have been 
punishable as a felony under the laws of this State.
 Authorization for the check shall be furnished by the 
applicant to the school, except that if the applicant is a 
substitute teacher seeking employment in more than one 
non-public school, a teacher seeking concurrent part-time 
employment positions with more than one non-public school (as 
a reading specialist, special education teacher, or 
otherwise), or an educational support personnel employee 
seeking employment positions with more than one non-public 
school, then only one of the non-public schools employing the 
individual shall request the authorization. Upon receipt of 
this authorization, the non-public school shall submit the 
applicant's name, sex, race, date of birth, social security 
number, fingerprint images, and other identifiers, as 
prescribed by the Illinois State Police, to the Illinois State 
Police.
 The Illinois State Police and Federal Bureau of 
Investigation shall furnish, pursuant to a fingerprint-based 
criminal history records check, records of convictions, 
forever and hereafter, until expunged, to the president or 
principal of the non-public school that requested the check. 
The Illinois State Police shall charge that school a fee for 
conducting such check, which fee must be deposited into the 
State Police Services Fund and must not exceed the cost of the 
inquiry. Subject to appropriations for these purposes, the 
State Superintendent of Education shall reimburse non-public 
schools for fees paid to obtain criminal history records 
checks under this Section.
 A non-public school may not obtain recognition status 
unless the school also performs a check of the Statewide Sex 
Offender Database, as authorized by the Sex Offender Community 
Notification Law, for each applicant for employment, after 
July 1, 2007, to determine whether the applicant has been 
adjudicated a sex offender.
 Any information concerning the record of convictions 
obtained by a non-public school's president or principal under 
this Section is confidential and may be disseminated only to 
the governing body of the non-public school or any other 
person necessary to the decision of hiring the applicant for 
employment. A copy of the record of convictions obtained from 
the Illinois State Police shall be provided to the applicant 
for employment. Upon a check of the Statewide Sex Offender 
Database, the non-public school shall notify the applicant as 
to whether or not the applicant has been identified in the Sex 
Offender Database as a sex offender. Any information 
concerning the records of conviction obtained by the 
non-public school's president or principal under this Section 
for a substitute teacher seeking employment in more than one 
non-public school, a teacher seeking concurrent part-time 
employment positions with more than one non-public school (as 
a reading specialist, special education teacher, or 
otherwise), or an educational support personnel employee 
seeking employment positions with more than one non-public 
school may be shared with another non-public school's 
principal or president to which the applicant seeks 
employment. Any unauthorized release of confidential 
information may be a violation of Section 7 of the Criminal 
Identification Act.
 No non-public school may obtain recognition status that 
knowingly employs a person, hired after July 1, 2007, for whom 
an Illinois State Police and Federal Bureau of Investigation 
fingerprint-based criminal history records check and a 
Statewide Sex Offender Database check has not been initiated 
or who has been convicted of any offense enumerated in Section 
21B-80 of this Code or any offense committed or attempted in 
any other state or against the laws of the United States that, 
if committed or attempted in this State, would have been 
punishable as one or more of those offenses. No non-public 
school may obtain recognition status under this Section that 
knowingly employs a person who has been found to be the 
perpetrator of sexual or physical abuse of a minor under 18 
years of age pursuant to proceedings under Article II of the 
Juvenile Court Act of 1987.
 In order to obtain recognition status under this Section, 
a non-public school must require compliance with the 
provisions of this subsection (c-5) from all employees of 
persons or firms holding contracts with the school, including, 
but not limited to, food service workers, school bus drivers, 
and other transportation employees, who have direct, daily 
contact with pupils. Any information concerning the records of 
conviction or identification as a sex offender of any such 
employee obtained by the non-public school principal or 
president must be promptly reported to the school's governing 
body.

 Prior to the commencement of any student teaching 
experience or required internship (which is referred to as 
student teaching in this Section) in any non-public elementary 
or secondary school that has obtained or seeks to obtain 
recognition status under this Section, a student teacher is 
required to authorize a fingerprint-based criminal history 
records check. Authorization for and payment of the costs of 
the check must be furnished by the student teacher to the chief 
administrative officer of the non-public school where the 
student teaching is to be completed. Upon receipt of this 
authorization and payment, the chief administrative officer of 
the non-public school shall submit the student teacher's name, 
sex, race, date of birth, social security number, fingerprint 
images, and other identifiers, as prescribed by the Illinois 
State Police, to the Illinois State Police. The Illinois State 
Police and the Federal Bureau of Investigation shall furnish, 
pursuant to a fingerprint-based criminal history records 
check, records of convictions, forever and hereinafter, until 
expunged, to the chief administrative officer of the 
non-public school that requested the check. The Illinois State 
Police shall charge the school a fee for conducting the check, 
which fee must be passed on to the student teacher, must not 
exceed the cost of the inquiry, and must be deposited into the 
State Police Services Fund. The school shall further perform a 
check of the Statewide Sex Offender Database, as authorized by 
the Sex Offender Community Notification Law, and of the 
Statewide Murderer and Violent Offender Against Youth 
Database, as authorized by the Murderer and Violent Offender 
Against Youth Registration Act, for each student teacher. No 
school that has obtained or seeks to obtain recognition status 
under this Section may knowingly allow a person to student 
teach for whom a criminal history records check, a Statewide 
Sex Offender Database check, and a Statewide Murderer and 
Violent Offender Against Youth Database check have not been 
completed and reviewed by the chief administrative officer of 
the non-public school.
 A copy of the record of convictions obtained from the 
Illinois State Police must be provided to the student teacher. 
Any information concerning the record of convictions obtained 
by the chief administrative officer of the non-public school 
is confidential and may be transmitted only to the chief 
administrative officer of the non-public school or his or her 
designee, the State Superintendent of Education, the State 
Educator Preparation and Licensure Board, or, for 
clarification purposes, the Illinois State Police or the 
Statewide Sex Offender Database or Statewide Murderer and 
Violent Offender Against Youth Database. Any unauthorized 
release of confidential information may be a violation of 
Section 7 of the Criminal Identification Act.
 No school that has obtained or seeks to obtain recognition 
status under this Section may knowingly allow a person to 
student teach who has been convicted of any offense that would 
subject him or her to license suspension or revocation 
pursuant to Section 21B-80 of this Code or who has been found 
to be the perpetrator of sexual or physical abuse of a minor 
under 18 years of age pursuant to proceedings under Article II 
of the Juvenile Court Act of 1987. 
 Any school that has obtained or seeks to obtain 
recognition status under this Section may not prohibit 
hairstyles historically associated with race, ethnicity, or 
hair texture, including, but not limited to, protective 
hairstyles such as braids, locks, and twists. 
 (d) Public purposes. The provisions of this Section are in 
the public
interest, for
the public benefit, and serve secular 
public purposes.


 (e) Definition. For purposes of this Section, a non-public 
school means any
non-profit, non-home-based, and non-public 
elementary or secondary school that
is
in
compliance with 
Title VI of the Civil Rights Act of 1964 and attendance at

which
satisfies the requirements of Section 26-1 of this Code.


(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-4-21.)




 (105 ILCS 5/2-3.80) (from Ch. 122, par. 2-3.80)



 Sec. 2-3.80. (a) The General Assembly recognizes that 
agriculture is
the most basic and singularly important 
industry in the State, that
agriculture is of central 
importance to the welfare and economic stability
of the State, 
and that the maintenance of this vital industry requires a

continued source of trained and qualified individuals for 
employment in
agriculture and agribusiness. The General 
Assembly hereby declares that it
is in the best interests of 
the people of the State of Illinois that a
comprehensive 
education program in agriculture be created and maintained by

the State's public school system in order to ensure an 
adequate supply of
trained and skilled individuals and to 
ensure appropriate representation of
racial and ethnic groups 
in all phases of the industry. It is the intent
of the General 
Assembly that a State program for agricultural education
shall 
be a part of the curriculum of the public school system K 
through
adult, and made readily available to all school 
districts which may, at
their option, include programs in 
education in agriculture as a part of the
curriculum of that 
district.

 (b) The State Board of Education shall adopt such rules 
and regulations
as are necessary to implement the provisions 
of this Section. The rules
and regulations shall not create 
any new State mandates on school districts
as a condition of 
receiving federal, State, and local funds by those
entities. 
It is in the intent of the General Assembly that, although this

Section does not create any new mandates, school districts are 
strongly
advised to follow the guidelines set forth in this 
Section.

 (c) The State Superintendent of Education shall assume 
responsibility
for the administration of the State program 
adopted under this Section
throughout the public school system 
as well as the articulation of the
State program to the 
requirements and mandates of federally assisted
education. 
There is currently within the State Board of Education an

agricultural education unit to assist school districts in the 
establishment
and maintenance of educational programs pursuant 
to the provisions of this
Section. The staffing of the unit 
shall at all times be comprised of an
appropriate number of 
full-time employees who shall serve as program
consultants in 
agricultural education and shall be available to provide

assistance to school districts. At least one consultant shall 
be
responsible for the coordination of the State program, as 
Head Consultant.
At least one consultant shall be responsible 
for the coordination of the
activities of student and 
agricultural organizations and associations.

 (d) A committee of 13 agriculturalists representative of 
the various and
diverse areas of the agricultural industry in 
Illinois shall be established
to at least develop a curriculum 
and overview the implementation of the
Build Illinois through 
Quality Agricultural Education plans of the Illinois

Leadership Council for Agricultural Education and to advise

the State Board of Education on vocational agricultural 
education, including the administration of the agricultural 
education line item appropriation and agency rulemaking that 
affects agricultural education educators. The
committee shall 
be composed of the following: 
  (1) 3 6 agriculturalists
representing the Illinois 
 Leadership Council for Agricultural Education;
  (2) 3 agriculturalists;
  (3) 2 secondary agriculture teachers; 
  (4) one representative of "Ag In The Classroom"; 
  (5) one community college agriculture teacher; 
  (6) one adult agriculture educator; 
  (7) one university agriculture teacher educator; and 
  (8) one FFA representative. 
 All members of the committee shall be appointed by the

Governor by and with the advice and consent of the Senate. The 
terms of
all members so appointed shall be for 3 years, except 
that of the members
initially appointed, 5 shall be appointed 
to serve for terms of one year, 4
shall be appointed to serve 
for terms of 2 years, and 4 shall be appointed
to serve for 
terms of 3 years. All members of the committee shall serve

until their successors are appointed and qualified. Subject to 
a requirement that committee members in office before January 
1, 2022 (the effective date of Public Act 102-463) this 
amendatory Act of 102nd General Assembly may serve the full 
term to which they were appointed, the appointment of 
committee members to terms that commence on or after January 
1, 2022 (the effective date of Public Act 102-463) this 
amendatory Act of the 102nd General Assembly shall be made in a 
manner that gives effect at the earliest possible time to the 
changes that are required by Public Act 102-463 this 
amendatory Act of the 102nd General Assembly in the 
representative composition of the committee's membership.
 Vacancies in terms
shall be filled by appointment of the 
Governor with the advice and consent
of the Senate for the 
extent of the unexpired term. 
 The State Board of
Education shall implement a Build 
Illinois through Quality Agricultural
Education plan following 
receipt of these recommendations, which
shall be made 
available on or before March 31, 1987.
Recommendations shall 
include, but not be limited to, the development of a

curriculum and a strategy for the purpose of establishing a 
source of
trained and qualified individuals in agriculture, a 
strategy for
articulating the State program in agricultural 
education throughout the
public school system, and a consumer 
education outreach strategy regarding
the importance of 
agriculture in Illinois. 
 The committee of agriculturalists
shall serve without 
compensation.

 (e) A school district that offers a secondary agricultural 
education program that is approved for State and federal 
funding must ensure that, at a minimum, all of the following 
are available to its secondary agricultural education 
students:
  (1) An instructional sequence of courses approved by 
 the State Board of Education.
  (2) A State and nationally affiliated FFA (Future 
 Farmers of America) chapter that is integral to 
 instruction and is not treated solely as an 
 extracurricular activity.
  (3) A mechanism for ensuring the involvement of all 
 secondary agricultural education students in formal, 
 supervised, agricultural-experience activities and 
 programs.

 (f) Nothing in this Section may prevent those secondary 
agricultural education programs that are in operation before 
January 1, 2007 (the effective date of Public Act 94-855) and 
that do not have an active State and nationally affiliated FFA 
chapter from continuing to operate or from continuing to 
receive funding from the State Board of Education.

(Source: P.A. 102-463, eff. 1-1-22; 102-558, eff. 8-20-21; 
revised 10-5-21.)


 (105 ILCS 5/2-3.182)
 Sec. 2-3.182. Annual census of personnel holding school 
support personnel endorsements.
 (a) In this Section: 
 "School support personnel endorsement" means an 
endorsement affixed to a Professional Educator License as 
referenced in subparagraph (G) of paragraph (2) of Section 
21B-25 of this Code.
 "Special education joint agreement" means an entity formed 
pursuant to Section 10-22.31 of this Code. 
 (b) No later than December 1, 2023 and each December 1st 
annually thereafter, the State Board of Education must make 
available on its website the following information for each 
school district as of October 1st of each year beginning in 
2022:
  (1) The total number of personnel with a school 
 support personnel endorsement and, for each endorsement 
 area:
   (A) those actively employed on a full-time basis 
 by the school district;
   (B) those actively employed on a part-time basis 
 by the school district; and
   (C) those actively employed by a special education 
 joint agreement providing services to students in the 
 school district.
  (2) The total number of students enrolled in the 
 school district and, of that total, the number of students 
 with an individualized education program or a plan 
 pursuant to Section 504 of the federal Rehabilitation Act 
 of 1973. 

(Source: P.A. 102-302, eff. 1-1-22.)



 (105 ILCS 5/2-3.189)


 Sec. 2-3.189 2-3.182. School unused food sharing plan. 
School districts shall incorporate a food sharing plan for 
unused food into their local wellness policy under Section 
2-3.139. The food sharing plan shall focus on needy students, 
with the plan being developed and supported jointly by the 
district's local health department. Participants in the child 
nutrition programs, the National School Lunch Program and 
National School Breakfast Program, the Child and Adult Care 
Food Program (CACFP), and the Summer Food Service Program 
(SFSP) shall adhere to the provisions of the Richard B. 
Russell National School Lunch Act, as well as accompanying 
guidance from the U.S. Department of Agriculture on the Food 
Donation Program, to ensure that any leftover food items are 
properly donated in order to combat potential food insecurity 
in their communities. For the purpose of this Section, 
"properly" means in accordance with all federal regulations 
and State and local health and sanitation codes.

(Source: P.A. 102-359, eff. 8-13-21; revised 11-9-21.)




 (105 ILCS 5/2-3.190)


 Sec. 2-3.190 2-3.182. Anaphylactic policy for school 
districts.
 (a) The State Board of Education, in consultation with the 
Department of Public Health, shall establish an anaphylactic 
policy for school districts setting forth guidelines and 
procedures to be followed both for the prevention of 
anaphylaxis and during a medical emergency resulting from 
anaphylaxis. The policy shall be developed after consultation 
with the advisory committee established pursuant to Section 5 
of the Critical Health Problems and Comprehensive Health 
Education Act. In establishing the policy required under this 
Section, the State Board shall consider existing requirements 
and current and best practices for schools regarding allergies 
and anaphylaxis. The State Board must also consider the 
voluntary guidelines for managing food allergies in schools 
issued by the United States Department of Health and Human 
Services.
 (b) The anaphylactic policy established under subsection 
(a) shall include the following:
  (1) A procedure and treatment plan, including 
 emergency protocols and responsibilities for school nurses 
 and other appropriate school personnel, for responding to 
 anaphylaxis.
  (2) Requirements for a training course for appropriate 
 school personnel on preventing and responding to 
 anaphylaxis.
  (3) A procedure and appropriate guidelines for the 
 development of an individualized emergency health care 
 plan for children with a food or other allergy that could 
 result in anaphylaxis.
  (4) A communication plan for intake and dissemination 
 of information provided by this State regarding children 
 with a food or other allergy that could result in 
 anaphylaxis, including a discussion of methods, 
 treatments, and therapies to reduce the risk of allergic 
 reactions, including anaphylaxis.
  (5) Strategies for reducing the risk of exposure to 
 anaphylactic causative agents, including food and other 
 allergens.
  (6) A communication plan for discussion with children 
 who have developed adequate verbal communication and 
 comprehension skills and with the parents or guardians of 
 all children about foods that are safe and unsafe and 
 about strategies to avoid exposure to unsafe food.
 (c) At least once each calendar year, each school district 
shall send a notification to the parents or guardians of all 
children under the care of a school to make them aware of the 
anaphylactic policy. The notification shall include contact 
information for parents and guardians to engage further with 
the school to learn more about individualized aspects of the 
policy.
 (d) At least 6 months after August 20, 2021 (the effective 
date of Public Act 102-413) this amendatory Act of the 102nd 
General Assembly, the anaphylactic policy established under 
subsection (a) shall be forwarded by the State Board to the 
school board of each school district in this State. Each 
school district shall implement or update, as appropriate, its 
anaphylactic policy in accordance with those developed by the 
State Board within 6 months after receiving the anaphylactic 
policy from the State Board.
 (e) The anaphylactic policy established under subsection 
(a) shall be reviewed and updated, if necessary, at least once 
every 3 years.
 (f) The State Board shall post the anaphylactic policy 
established under subsection (a) and resources regarding 
allergies and anaphylaxis on its website.
 (g) The State Board may adopt any rules necessary to 
implement this Section.

(Source: P.A. 102-413, eff. 8-20-21; revised 11-9-21.)




 (105 ILCS 5/2-3.191)


 Sec. 2-3.191 2-3.182. State Education Equity Committee.
 (a) The General Assembly finds that this State has an 
urgent and collective responsibility to achieve educational 
equity by ensuring that all policies, programs, and practices 
affirm the strengths that each and every child brings with 
diverse backgrounds and life experiences and by delivering the 
comprehensive support, programs, and educational opportunities 
children need to succeed.
 (b) The State Education Equity Committee is created within 
the State Board of Education to strive toward ensuring equity 
in education for all children from birth through grade 12. 
 (c) The Committee shall consist of the State 
Superintendent of Education or the State Superintendent's 
designee, who shall serve as chairperson, and one member from 
each of the following organizations appointed by the State 
Superintendent:
  (1) At least 2 educators who each represent a 
 different statewide professional teachers' organization.
  (2) A professional teachers' organization located in a 
 city having a population exceeding 500,000.
  (3) A statewide association representing school 
 administrators.
  (4) A statewide association representing regional 
 superintendents of schools. 
  (5) A statewide association representing school board 
 members.
  (6) A statewide association representing school 
 principals.
  (7) A school district serving a community with a 
 population of 500,000 or more.
  (8) A parent-led organization. 
  (9) A student-led organization.
  (10) One community organization that works to foster 
 safe and healthy environments through advocacy for 
 immigrant families and ensuring equitable opportunities 
 for educational advancement and economic development.
  (11) An organization that works for economic, 
 educational, and social progress for African Americans and 
 promotes strong sustainable communities through advocacy, 
 collaboration, and innovation.
  (12) One statewide organization whose focus is to 
 narrow or close the achievement gap between students of 
 color and their peers.
  (13) An organization that advocates for healthier 
 school environments in this State.
  (14) One statewide organization that advocates for 
 partnerships among schools, families, and the community, 
 provides access to support, and removes barriers to 
 learning and development, using schools as hubs.
  (15) One organization that advocates for the health 
 and safety of Illinois youth and families by providing 
 capacity building services.
  (16) An organization dedicated to advocating for 
 public policies to prevent homelessness.
  (17) Other appropriate State agencies as determined by 
 the State Superintendent. 
 Members appointed to the Committee must reflect, as much 
as possible, the racial, ethnic, and geographic diversity of 
this State. 
 (d) Members appointed by the State Superintendent shall 
serve without compensation, but may be reimbursed for 
reasonable and necessary expenses, including travel, from 
funds appropriated to the State Board of Education for that 
purpose, subject to the rules of the appropriate travel 
control board.
 (e) The Committee shall meet at the call of the 
chairperson, but shall meet no less than 3 times a year.
 (f) The Committee shall recognize that, while progress has 
been made, much remains to be done to address systemic 
inequities and ensure each and every child is equipped to 
reach the child's fullest potential and shall: 
  (1) guide its work through the principles of equity, 
 equality, collaboration, and community;
  (2) focus its work around the overarching goals of 
 student learning, learning conditions, and elevating 
 educators, all underpinned by equity;
  (3) identify evidence-based practices or policies 
 around these goals to build on this State's progress of 
 ensuring educational equity for all its students in all 
 aspects of birth through grade 12 education; and
  (4) seek input and feedback on identified 
 evidence-based practices or policies from stakeholders, 
 including, but not limited to, parents, students, and 
 educators that reflect the rich diversity of Illinois 
 students. 
 (g) The Committee shall submit its recommendations to the 
General Assembly and the State Board of Education no later 
than January 31, 2022. By no later than December 15, 2023 and 
each year thereafter, the Committee shall report to the 
General Assembly and the State Board of Education about the 
additional progress that has been made to achieve educational 
equity. 

(Source: P.A. 102-458, eff. 8-20-21; revised 1-15-22.)





 (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)


 (Text of Section before amendment by P.A. 102-594)
 Sec. 10-17a. State, school district, and school report 
cards. 

 (1) By October 31, 2013 and October 31 of each subsequent 
school year, the State Board of Education, through the State 
Superintendent of Education, shall prepare a State report 
card, school district report cards, and school report cards, 
and shall by the most economical economic means provide to 
each school
district in this State, including special charter 
districts and districts
subject to the provisions of Article 
34, the report cards for the school district and each of its 
schools. Because of the impacts of the COVID-19 public health 
emergency during school year 2020-2021, the State Board of 
Education shall have until December 31, 2021 to prepare and 
provide the report cards that would otherwise be due by 
October 31, 2021. During a school year in which the Governor 
has declared a disaster due to a public health emergency 
pursuant to Section 7 of the Illinois Emergency Management 
Agency Act, the report cards for the school districts and each 
of its schools shall be prepared by December 31.
 (2) In addition to any information required by federal 
law, the State Superintendent shall determine the indicators 
and presentation of the school report card, which must 
include, at a minimum, the most current data collected and 
maintained by the State Board of Education related to the 
following:
  (A) school characteristics and student demographics, 
 including average class size, average teaching experience, 
 student racial/ethnic breakdown, and the percentage of 
 students classified as low-income; the percentage of 
 students classified as English learners, the number of 
 students who graduate from a bilingual or English learner 
 program, and the number of students who graduate from, 
 transfer from, or otherwise leave bilingual programs; the 
 percentage of students who have individualized education 
 plans or 504 plans that provide for special education 
 services; the number and percentage of all students who 
 have been assessed for placement in a gifted education or 
 advanced academic program and, of those students: (i) the 
 racial and ethnic breakdown, (ii) the percentage who are 
 classified as low-income, and (iii) the number and 
 percentage of students who received direct instruction 
 from a teacher who holds a gifted education endorsement 
 and, of those students, the percentage who are classified 
 as low-income; the percentage of students scoring at the 
 "exceeds expectations" level on the assessments required 
 under Section 2-3.64a-5 of this Code; the percentage of 
 students who annually transferred in or out of the school 
 district; average daily attendance; the per-pupil 
 operating expenditure of the school district; and the 
 per-pupil State average operating expenditure for the 
 district type (elementary, high school, or unit);
  (B) curriculum information, including, where 
 applicable, Advanced Placement, International 
 Baccalaureate or equivalent courses, dual enrollment 
 courses, foreign language classes, computer science 
 courses, school personnel resources (including Career 
 Technical Education teachers), before and after school 
 programs, extracurricular activities, subjects in which 
 elective classes are offered, health and wellness 
 initiatives (including the average number of days of 
 Physical Education per week per student), approved 
 programs of study, awards received, community 
 partnerships, and special programs such as programming for 
 the gifted and talented, students with disabilities, and 
 work-study students;
  (C) student outcomes, including, where applicable, the 
 percentage of students deemed proficient on assessments of 
 State standards, the percentage of students in the eighth 
 grade who pass Algebra, the percentage of students who 
 participated in workplace learning experiences, the 
 percentage of students enrolled in post-secondary 
 institutions (including colleges, universities, community 
 colleges, trade/vocational schools, and training programs 
 leading to career certification within 2 semesters of high 
 school graduation), the percentage of students graduating 
 from high school who are college and career ready, and the 
 percentage of graduates enrolled in community colleges, 
 colleges, and universities who are in one or more courses 
 that the community college, college, or university 
 identifies as a developmental course; 
  (D) student progress, including, where applicable, the 
 percentage of students in the ninth grade who have earned 
 5 credits or more without failing more than one core 
 class, a measure of students entering kindergarten ready 
 to learn, a measure of growth, and the percentage of 
 students who enter high school on track for college and 
 career readiness;
  (E) the school environment, including, where 
 applicable, high school dropout rate by grade level, the 
 percentage of students with less than 10 absences in a 
 school year, the percentage of teachers with less than 10 
 absences in a school year for reasons other than 
 professional development, leaves taken pursuant to the 
 federal Family Medical Leave Act of 1993, long-term 
 disability, or parental leaves, the 3-year average of the 
 percentage of teachers returning to the school from the 
 previous year, the number of different principals at the 
 school in the last 6 years, the number of teachers who hold 
 a gifted education endorsement, the process and criteria 
 used by the district to determine whether a student is 
 eligible for participation in a gifted education program 
 or advanced academic program and the manner in which 
 parents and guardians are made aware of the process and 
 criteria, 2 or more indicators from any school climate 
 survey selected or approved by the State and administered 
 pursuant to Section 2-3.153 of this Code, with the same or 
 similar indicators included on school report cards for all 
 surveys selected or approved by the State pursuant to 
 Section 2-3.153 of this Code, the combined percentage of 
 teachers rated as proficient or excellent in their most 
 recent evaluation, and, beginning with the 2022-2023 
 school year, data on the number of incidents of violence 
 that occurred on school grounds or during school-related 
 activities and that resulted in an out-of-school 
 suspension, expulsion, or removal to an alternative 
 setting, as reported pursuant to Section 2-3.162;
  (F) a school district's and its individual schools' 
 balanced accountability measure, in accordance with 
 Section 2-3.25a of this Code;
  (G) the total and per pupil normal cost amount the 
 State contributed to the Teachers' Retirement System of 
 the State of Illinois in the prior fiscal year for the 
 school's employees, which shall be reported to the State 
 Board of Education by the Teachers' Retirement System of 
 the State of Illinois;
  (H) for a school district organized under Article 34 
 of this Code only, State contributions to the Public 
 School Teachers' Pension and Retirement Fund of Chicago 
 and State contributions for health care for employees of 
 that school district; 
  (I) a school district's Final Percent of Adequacy, as 
 defined in paragraph (4) of subsection (f) of Section 
 18-8.15 of this Code;
  (J) a school district's Local Capacity Target, as 
 defined in paragraph (2) of subsection (c) of Section 
 18-8.15 of this Code, displayed as a percentage amount;
  (K) a school district's Real Receipts, as defined in 
 paragraph (1) of subsection (d) of Section 18-8.15 of this 
 Code, divided by a school district's Adequacy Target, as 
 defined in paragraph (1) of subsection (b) of Section 
 18-8.15 of this Code, displayed as a percentage amount; 
  (L) a school district's administrative costs;
  (M) whether or not the school has participated in the 
 Illinois Youth Survey. In this paragraph (M), "Illinois 
 Youth Survey" means a self-report survey, administered in 
 school settings every 2 years, designed to gather 
 information about health and social indicators, including 
 substance abuse patterns and the attitudes of students in 
 grades 8, 10, and 12; and 
  (N) whether the school offered its students career and 
 technical education opportunities. 
 The school report card shall also provide
information that 
allows for comparing the current outcome, progress, and 
environment data to the State average, to the school data from 
the past 5 years, and to the outcomes, progress, and 
environment of similar schools based on the type of school and 
enrollment of low-income students, special education students, 
and English learners.

 As used in this subsection (2): 
 "Administrative costs" means costs associated with 
executive, administrative, or managerial functions within the 
school district that involve planning, organizing, managing, 
or directing the school district. 
 "Advanced academic program" means a course of study to 
which students are assigned based on advanced cognitive 
ability or advanced academic achievement compared to local age 
peers and in which the curriculum is substantially 
differentiated from the general curriculum to provide 
appropriate challenge and pace. 
 "Computer science" means the study of computers and 
algorithms, including their principles, their hardware and 
software designs, their implementation, and their impact on 
society. "Computer science" does not include the study of 
everyday uses of computers and computer applications, such as 
keyboarding or accessing the Internet. 
 "Gifted education" means educational services, including 
differentiated curricula and instructional methods, designed 
to meet the needs of gifted children as defined in Article 14A 
of this Code. 
 For the purposes of paragraph (A) of this subsection (2), 
"average daily attendance" means the average of the actual 
number of attendance days during the previous school year for 
any enrolled student who is subject to compulsory attendance 
by Section 26-1 of this Code at each school and charter school. 
 (3) At the discretion of the State Superintendent, the 
school district report card shall include a subset of the 
information identified in paragraphs (A) through (E) of 
subsection (2) of this Section, as well as information 
relating to the operating expense per pupil and other finances 
of the school district, and the State report card shall 
include a subset of the information identified in paragraphs 
(A) through (E) and paragraph (N) of subsection (2) of this 
Section. The school district report card shall include the 
average daily attendance, as that term is defined in 
subsection (2) of this Section, of students who have 
individualized education programs and students who have 504 
plans that provide for special education services within the 
school district.
 (4) Notwithstanding anything to the contrary in this 
Section, in consultation with key education stakeholders, the 
State Superintendent shall at any time have the discretion to 
amend or update any and all metrics on the school, district, or 
State report card. 
 (5) Annually, no more than 30 calendar days after receipt 
of the school district and school report cards from the State 
Superintendent of Education, each school district, including 
special charter districts and districts subject to the 
provisions of Article 34, shall present such report
cards at a 
regular school board meeting subject to
applicable notice 
requirements, post the report cards
on the
school district's 
Internet web site, if the district maintains an Internet web

site, make the report cards
available
to a newspaper of 
general circulation serving the district, and, upon
request, 
send the report cards
home to a parent (unless the district 
does not maintain an Internet web site,
in which case
the 
report card shall be sent home to parents without request). If 
the
district posts the report card on its Internet web
site, 
the district
shall send a
written notice home to parents 
stating (i) that the report card is available on
the web site,

(ii) the address of the web site, (iii) that a printed copy of 
the report card
will be sent to
parents upon request, and (iv) 
the telephone number that parents may
call to
request a 
printed copy of the report card.

 (6) Nothing contained in Public Act 98-648 repeals, 
supersedes, invalidates, or nullifies final decisions in 
lawsuits pending on July 1, 2014 (the effective date of Public 
Act 98-648) in Illinois courts involving the interpretation of 
Public Act 97-8. 
(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19; 
101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff. 
1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; revised 
10-18-21.)

 (Text of Section after amendment by P.A. 102-594)

 Sec. 10-17a. State, school district, and school report 
cards. 

 (1) By October 31, 2013 and October 31 of each subsequent 
school year, the State Board of Education, through the State 
Superintendent of Education, shall prepare a State report 
card, school district report cards, and school report cards, 
and shall by the most economical economic means provide to 
each school
district in this State, including special charter 
districts and districts
subject to the provisions of Article 
34, the report cards for the school district and each of its 
schools. Because of the impacts of the COVID-19 public health 
emergency during school year 2020-2021, the State Board of 
Education shall have until December 31, 2021 to prepare and 
provide the report cards that would otherwise be due by 
October 31, 2021. During a school year in which the Governor 
has declared a disaster due to a public health emergency 
pursuant to Section 7 of the Illinois Emergency Management 
Agency Act, the report cards for the school districts and each 
of its schools shall be prepared by December 31.
 (2) In addition to any information required by federal 
law, the State Superintendent shall determine the indicators 
and presentation of the school report card, which must 
include, at a minimum, the most current data collected and 
maintained by the State Board of Education related to the 
following:
  (A) school characteristics and student demographics, 
 including average class size, average teaching experience, 
 student racial/ethnic breakdown, and the percentage of 
 students classified as low-income; the percentage of 
 students classified as English learners, the number of 
 students who graduate from a bilingual or English learner 
 program, and the number of students who graduate from, 
 transfer from, or otherwise leave bilingual programs; the 
 percentage of students who have individualized education 
 plans or 504 plans that provide for special education 
 services; the number and percentage of all students who 
 have been assessed for placement in a gifted education or 
 advanced academic program and, of those students: (i) the 
 racial and ethnic breakdown, (ii) the percentage who are 
 classified as low-income, and (iii) the number and 
 percentage of students who received direct instruction 
 from a teacher who holds a gifted education endorsement 
 and, of those students, the percentage who are classified 
 as low-income; the percentage of students scoring at the 
 "exceeds expectations" level on the assessments required 
 under Section 2-3.64a-5 of this Code; the percentage of 
 students who annually transferred in or out of the school 
 district; average daily attendance; the per-pupil 
 operating expenditure of the school district; and the 
 per-pupil State average operating expenditure for the 
 district type (elementary, high school, or unit);
  (B) curriculum information, including, where 
 applicable, Advanced Placement, International 
 Baccalaureate or equivalent courses, dual enrollment 
 courses, foreign language classes, computer science 
 courses, school personnel resources (including Career 
 Technical Education teachers), before and after school 
 programs, extracurricular activities, subjects in which 
 elective classes are offered, health and wellness 
 initiatives (including the average number of days of 
 Physical Education per week per student), approved 
 programs of study, awards received, community 
 partnerships, and special programs such as programming for 
 the gifted and talented, students with disabilities, and 
 work-study students;
  (C) student outcomes, including, where applicable, the 
 percentage of students deemed proficient on assessments of 
 State standards, the percentage of students in the eighth 
 grade who pass Algebra, the percentage of students who 
 participated in workplace learning experiences, the 
 percentage of students enrolled in post-secondary 
 institutions (including colleges, universities, community 
 colleges, trade/vocational schools, and training programs 
 leading to career certification within 2 semesters of high 
 school graduation), the percentage of students graduating 
 from high school who are college and career ready, and the 
 percentage of graduates enrolled in community colleges, 
 colleges, and universities who are in one or more courses 
 that the community college, college, or university 
 identifies as a developmental course; 
  (D) student progress, including, where applicable, the 
 percentage of students in the ninth grade who have earned 
 5 credits or more without failing more than one core 
 class, a measure of students entering kindergarten ready 
 to learn, a measure of growth, and the percentage of 
 students who enter high school on track for college and 
 career readiness;
  (E) the school environment, including, where 
 applicable, high school dropout rate by grade level, the 
 percentage of students with less than 10 absences in a 
 school year, the percentage of teachers with less than 10 
 absences in a school year for reasons other than 
 professional development, leaves taken pursuant to the 
 federal Family Medical Leave Act of 1993, long-term 
 disability, or parental leaves, the 3-year average of the 
 percentage of teachers returning to the school from the 
 previous year, the number of different principals at the 
 school in the last 6 years, the number of teachers who hold 
 a gifted education endorsement, the process and criteria 
 used by the district to determine whether a student is 
 eligible for participation in a gifted education program 
 or advanced academic program and the manner in which 
 parents and guardians are made aware of the process and 
 criteria, the number of teachers who are National Board 
 Certified Teachers, disaggregated by race and ethnicity, 2 
 or more indicators from any school climate survey selected 
 or approved by the State and administered pursuant to 
 Section 2-3.153 of this Code, with the same or similar 
 indicators included on school report cards for all surveys 
 selected or approved by the State pursuant to Section 
 2-3.153 of this Code, the combined percentage of teachers 
 rated as proficient or excellent in their most recent 
 evaluation, and, beginning with the 2022-2023 school year, 
 data on the number of incidents of violence that occurred 
 on school grounds or during school-related activities and 
 that resulted in an out-of-school suspension, expulsion, 
 or removal to an alternative setting, as reported pursuant 
 to Section 2-3.162;
  (F) a school district's and its individual schools' 
 balanced accountability measure, in accordance with 
 Section 2-3.25a of this Code;
  (G) the total and per pupil normal cost amount the 
 State contributed to the Teachers' Retirement System of 
 the State of Illinois in the prior fiscal year for the 
 school's employees, which shall be reported to the State 
 Board of Education by the Teachers' Retirement System of 
 the State of Illinois;
  (H) for a school district organized under Article 34 
 of this Code only, State contributions to the Public 
 School Teachers' Pension and Retirement Fund of Chicago 
 and State contributions for health care for employees of 
 that school district; 
  (I) a school district's Final Percent of Adequacy, as 
 defined in paragraph (4) of subsection (f) of Section 
 18-8.15 of this Code;
  (J) a school district's Local Capacity Target, as 
 defined in paragraph (2) of subsection (c) of Section 
 18-8.15 of this Code, displayed as a percentage amount;
  (K) a school district's Real Receipts, as defined in 
 paragraph (1) of subsection (d) of Section 18-8.15 of this 
 Code, divided by a school district's Adequacy Target, as 
 defined in paragraph (1) of subsection (b) of Section 
 18-8.15 of this Code, displayed as a percentage amount; 
  (L) a school district's administrative costs;
  (M) whether or not the school has participated in the 
 Illinois Youth Survey. In this paragraph (M), "Illinois 
 Youth Survey" means a self-report survey, administered in 
 school settings every 2 years, designed to gather 
 information about health and social indicators, including 
 substance abuse patterns and the attitudes of students in 
 grades 8, 10, and 12; and 
  (N) whether the school offered its students career and 
 technical education opportunities. 
 The school report card shall also provide
information that 
allows for comparing the current outcome, progress, and 
environment data to the State average, to the school data from 
the past 5 years, and to the outcomes, progress, and 
environment of similar schools based on the type of school and 
enrollment of low-income students, special education students, 
and English learners.

 As used in this subsection (2): 
 "Administrative costs" means costs associated with 
executive, administrative, or managerial functions within the 
school district that involve planning, organizing, managing, 
or directing the school district. 
 "Advanced academic program" means a course of study to 
which students are assigned based on advanced cognitive 
ability or advanced academic achievement compared to local age 
peers and in which the curriculum is substantially 
differentiated from the general curriculum to provide 
appropriate challenge and pace. 
 "Computer science" means the study of computers and 
algorithms, including their principles, their hardware and 
software designs, their implementation, and their impact on 
society. "Computer science" does not include the study of 
everyday uses of computers and computer applications, such as 
keyboarding or accessing the Internet. 
 "Gifted education" means educational services, including 
differentiated curricula and instructional methods, designed 
to meet the needs of gifted children as defined in Article 14A 
of this Code. 
 For the purposes of paragraph (A) of this subsection (2), 
"average daily attendance" means the average of the actual 
number of attendance days during the previous school year for 
any enrolled student who is subject to compulsory attendance 
by Section 26-1 of this Code at each school and charter school. 
 (3) At the discretion of the State Superintendent, the 
school district report card shall include a subset of the 
information identified in paragraphs (A) through (E) of 
subsection (2) of this Section, as well as information 
relating to the operating expense per pupil and other finances 
of the school district, and the State report card shall 
include a subset of the information identified in paragraphs 
(A) through (E) and paragraph (N) of subsection (2) of this 
Section. The school district report card shall include the 
average daily attendance, as that term is defined in 
subsection (2) of this Section, of students who have 
individualized education programs and students who have 504 
plans that provide for special education services within the 
school district.
 (4) Notwithstanding anything to the contrary in this 
Section, in consultation with key education stakeholders, the 
State Superintendent shall at any time have the discretion to 
amend or update any and all metrics on the school, district, or 
State report card. 
 (5) Annually, no more than 30 calendar days after receipt 
of the school district and school report cards from the State 
Superintendent of Education, each school district, including 
special charter districts and districts subject to the 
provisions of Article 34, shall present such report
cards at a 
regular school board meeting subject to
applicable notice 
requirements, post the report cards
on the
school district's 
Internet web site, if the district maintains an Internet web

site, make the report cards
available
to a newspaper of 
general circulation serving the district, and, upon
request, 
send the report cards
home to a parent (unless the district 
does not maintain an Internet web site,
in which case
the 
report card shall be sent home to parents without request). If 
the
district posts the report card on its Internet web
site, 
the district
shall send a
written notice home to parents 
stating (i) that the report card is available on
the web site,

(ii) the address of the web site, (iii) that a printed copy of 
the report card
will be sent to
parents upon request, and (iv) 
the telephone number that parents may
call to
request a 
printed copy of the report card.

 (6) Nothing contained in Public Act 98-648 repeals, 
supersedes, invalidates, or nullifies final decisions in 
lawsuits pending on July 1, 2014 (the effective date of Public 
Act 98-648) in Illinois courts involving the interpretation of 
Public Act 97-8. 
(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19; 
101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff. 
1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, 
eff. 7-1-22; revised 10-18-21.)

 (105 ILCS 5/10-20.73)
 Sec. 10-20.73. Modification of athletic or team uniform 
permitted. 
 (a) A school board must allow a student athlete to modify 
his or her athletic or team uniform for the purpose of modesty 
in clothing or attire that is in accordance with the 
requirements of his or her religion or his or her cultural 
values or modesty preferences. The modification of the 
athletic or team uniform may include, but is not limited to, 
the wearing of a hijab, an undershirt, or leggings. If a 
student chooses to modify his or her athletic or team uniform, 
the student is responsible for all costs associated with the 
modification of the uniform and the student shall not be 
required to receive prior approval from the school board for 
such modification. However, nothing in this Section prohibits 
a school from providing the modification to the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface. 

(Source: P.A. 102-51, eff. 7-9-21; revised 10-19-21.)

 (105 ILCS 5/10-20.75)
 (This Section may contain text from a Public Act with a 
delayed effective date)
 Sec. 10-20.75. Website accessibility guidelines.
 (a) As used in this Section, "Internet website or web 
service" means any third party online curriculum that is made 
available to enrolled students or the public by a school 
district through the Internet.
 (b) To ensure that the content available on an Internet 
website or web service of a school district is readily 
accessible to persons with disabilities, the school district 
must require that the Internet website or web service comply 
with Level AA of the World Wide Web Consortium's Web Content 
Accessibility Guidelines 2.1 or any revised version of those 
guidelines. 

(Source: P.A. 102-238, eff. 8-1-22.)



 (105 ILCS 5/10-20.76)


 Sec. 10-20.76 10-20.73. Student identification; suicide 
prevention information. Each school district shall provide 
contact information for the National Suicide Prevention 
Lifeline and for the Crisis Text Line on the back of each 
student identification card issued by the school district. If 
the school district does not issue student identification 
cards to its students or to all of its students, the school 
district must publish this information on its website.

(Source: P.A. 102-134, eff. 7-23-21; revised 10-19-21.)




 (105 ILCS 5/10-20.77)


 (This Section may contain text from a Public Act with a 
delayed effective date)
 Sec. 10-20.77 10-20.73. Parent-teacher conference and 
other meetings; caseworker. For any student who is in the 
legal custody of the Department of Children and Family 
Services, the liaison appointed under Section 10-20.59 must 
inform the Department's Office of Education and Transition 
Services of a parent-teacher conference or any other meeting 
concerning the student that would otherwise involve a parent 
and must, at the option of the caseworker, allow the student's 
caseworker to attend the conference or meeting.

(Source: P.A. 102-199, eff. 7-1-22; revised 10-19-21.)




 (105 ILCS 5/10-20.78)


 Sec. 10-20.78 10-20.73. Student absence; pregnancy. A 
school board shall adopt written policies related to absences 
and missed homework or classwork assignments as a result of or 
related to a student's pregnancy.

(Source: P.A. 102-471, eff. 8-20-21; revised 10-19-21.)




 (105 ILCS 5/10-20.79)


 Sec. 10-20.79 10-20.73. Computer literacy skills. All 
school districts shall ensure that students receive 
developmentally appropriate opportunities to gain computer 
literacy skills beginning in elementary school.

(Source: P.A. 101-654, eff. 3-8-21; revised 10-19-21.)




 (105 ILCS 5/10-20.80)


 Sec. 10-20.80 10-20.75. School support personnel 
reporting. No later than December 1, 2022 and each December 
1st annually thereafter, each school district must report to 
the State Board of Education the information with regard to 
the school district as of October 1st of each year beginning in 
2022 as described in subsection (b) of Section 2-3.182 of this 
Code and must make that information available on its website.

(Source: P.A. 102-302, eff. 1-1-22; revised 10-19-21.)




 (105 ILCS 5/10-20.81)


 (This Section may contain text from a Public Act with a 
delayed effective date)
 Sec. 10-20.81 10-20.75. Identification cards; suicide 
prevention information. Each school district that serves 
pupils in any of grades 6 through 12 and that issues an 
identification card to pupils in any of grades 6 through 12 
shall provide contact information for the National Suicide 
Prevention Lifeline (988), the Crisis Text Line, and either 
the Safe2Help Illinois helpline or a local suicide prevention 
hotline or both on the identification card. The contact 
information shall identify each helpline that may be contacted 
through text messaging. The contact information shall be 
included in the school's student handbook and also the student 
planner if a student planner is custom printed by the school 
for distribution to pupils in any of grades 6 through 12.

(Source: P.A. 102-416, eff. 7-1-22; revised 10-19-21.)




 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)


 Sec. 10-21.9. Criminal history records checks and checks 
of the Statewide Sex Offender Database and Statewide Murderer 
and Violent Offender Against Youth Database.

 (a) Licensed and nonlicensed applicants for employment 
with a school
district, except school bus driver applicants, 
are required as a condition
of employment to authorize a 
fingerprint-based criminal history records check to determine 
if such applicants have been convicted of any disqualifying, 
enumerated criminal or drug offenses in subsection (c) of this 
Section or
have been convicted, within 7 years of the 
application for employment with
the
school district, of any 
other felony under the laws of this State or of any
offense 
committed or attempted in any other state or against the laws 
of
the United States that, if committed or attempted in this 
State, would
have been punishable as a felony under the laws of 
this State.
Authorization for
the check shall be furnished by 
the applicant to
the school district, except that if the 
applicant is a substitute teacher
seeking employment in more 
than one school district, a teacher seeking
concurrent 
part-time employment positions with more than one school

district (as a reading specialist, special education teacher 
or otherwise),
or an educational support personnel employee 
seeking employment positions
with more than one district, any 
such district may require the applicant to
furnish 
authorization for
the check to the regional superintendent
of 
the educational service region in which are located the school 
districts
in which the applicant is seeking employment as a 
substitute or concurrent
part-time teacher or concurrent 
educational support personnel employee.
Upon receipt of this 
authorization, the school district or the appropriate
regional 
superintendent, as the case may be, shall submit the 
applicant's
name, sex, race, date of birth, social security 
number, fingerprint images, and other identifiers, as 
prescribed by the Illinois State Police, to the Illinois State 
Police. The regional
superintendent submitting the requisite 
information to the Illinois
State Police shall promptly notify 
the school districts in which the
applicant is seeking 
employment as a substitute or concurrent part-time
teacher or 
concurrent educational support personnel employee that
the

check of the applicant has been requested. The Illinois State 
Police and the Federal Bureau of Investigation shall furnish, 
pursuant to a fingerprint-based criminal history records 
check, records of convictions, forever and hereinafter, until 
expunged, to the president of the school board for the school 
district that requested the check, or to the regional 
superintendent who requested the check.
The Illinois State 
Police
shall charge
the school district
or the appropriate 
regional superintendent a fee for
conducting
such check, which 
fee shall be deposited in the State
Police Services Fund and 
shall not exceed the cost of
the inquiry; and the
applicant 
shall not be charged a fee for
such check by the school

district or by the regional superintendent, except that those 
applicants seeking employment as a substitute teacher with a 
school district may be charged a fee not to exceed the cost of 
the inquiry. Subject to appropriations for these purposes, the 
State Superintendent of Education shall reimburse school 
districts and regional superintendents for fees paid to obtain 
criminal history records checks under this Section.

 (a-5) The school district or regional superintendent shall 
further perform a check of the Statewide Sex Offender 
Database, as authorized by the Sex Offender Community 
Notification Law, for each applicant. The check of the 
Statewide Sex Offender Database must be conducted by the 
school district or regional superintendent once for every 5 
years that an applicant remains employed by the school 
district. 
 (a-6) The school district or regional superintendent shall 
further perform a check of the Statewide Murderer and Violent 
Offender Against Youth Database, as authorized by the Murderer 
and Violent Offender Against Youth Community Notification Law, 
for each applicant. The check of the Murderer and Violent 
Offender Against Youth Database must be conducted by the 
school district or regional superintendent once for every 5 
years that an applicant remains employed by the school 
district. 
 (b)
Any information
concerning the record of convictions 
obtained by the president of the
school board or the regional 
superintendent shall be confidential and may
only be 
transmitted to the superintendent of the school district or 
his
designee, the appropriate regional superintendent if
the 
check was
requested by the school district, the presidents of 
the appropriate school
boards if
the check was requested from 
the Illinois State
Police by the regional superintendent, the 
State Board of Education and a school district as authorized 
under subsection (b-5), the State Superintendent of
Education, 
the State Educator Preparation and Licensure Board, any other 
person
necessary to the decision of hiring the applicant for 
employment, or for clarification purposes the Illinois State 
Police or Statewide Sex Offender Database, or both. A copy
of 
the record of convictions obtained from the Illinois State 
Police
shall be provided to the applicant for employment. Upon 
the check of the Statewide Sex Offender Database or Statewide 
Murderer and Violent Offender Against Youth Database, the 
school district or regional superintendent shall notify an 
applicant as to whether or not the applicant has been 
identified in the Database. If a check of
an applicant for 
employment as a substitute or concurrent part-time teacher
or 
concurrent educational support personnel employee in more than 
one
school district was requested by the regional 
superintendent, and the Illinois
State Police upon a check 
ascertains that the applicant
has not been convicted of any of 
the enumerated criminal or drug offenses
in subsection (c) of 
this Section
or has not been convicted, within 7 years of the

application for
employment with the
school district, of any 
other felony under the laws of this State or of any
offense 
committed or attempted in any other state or against the laws 
of
the United States that, if committed or attempted in this 
State, would
have been punishable as a felony under the laws of 
this State
and so notifies the regional
superintendent and if 
the regional superintendent upon a check ascertains that the 
applicant has not been identified in the Sex Offender Database 
or Statewide Murderer and Violent Offender Against Youth 
Database, then the
regional superintendent shall issue to the 
applicant a certificate
evidencing that as of the date 
specified by the Illinois State Police
the applicant has not 
been convicted of any of the enumerated criminal or
drug 
offenses in subsection (c) of this Section
or has not been

convicted, within 7 years of the application for employment 
with the
school district, of any other felony under the laws of 
this State or of any
offense committed or attempted in any 
other state or against the laws of
the United States that, if 
committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State and 
evidencing that as of the date that the regional 
superintendent conducted a check of the Statewide Sex Offender 
Database or Statewide Murderer and Violent Offender Against 
Youth Database, the applicant has not been identified in the 
Database. The school
board of
any
school district
may rely on 
the
certificate issued by any regional superintendent to that 
substitute teacher, concurrent part-time teacher, or 
concurrent educational support personnel employee or may

initiate its own criminal history records check of the 
applicant through the Illinois
State Police and its own check 
of the Statewide Sex Offender Database or Statewide Murderer 
and Violent Offender Against Youth Database as provided in 
this Section. Any unauthorized release of confidential 
information may be a violation of Section 7 of the Criminal 
Identification Act.

 (b-5) If a criminal history records check or check of the 
Statewide Sex Offender Database or Statewide Murderer and 
Violent Offender Against Youth Database is performed by a 
regional superintendent for an applicant seeking employment as 
a substitute teacher with a school district, the regional 
superintendent may disclose to the State Board of Education 
whether the applicant has been issued a certificate under 
subsection (b) based on those checks. If the State Board 
receives information on an applicant under this subsection, 
then it must indicate in the Educator Licensure Information 
System for a 90-day period that the applicant has been issued 
or has not been issued a certificate. 
 (c) No school board shall knowingly employ a person who 
has been
convicted of any offense that would subject him or her 
to license suspension or revocation pursuant to Section 21B-80 
of this Code, except as provided under subsection (b) of 
Section 21B-80.
Further, no school board shall knowingly 
employ a person who has been found
to be the perpetrator of 
sexual or physical abuse of any minor under 18 years
of age 
pursuant to proceedings under Article II of the Juvenile Court 
Act of
1987. As a condition of employment, each school board 
must consider the status of a person who has been issued an 
indicated finding of abuse or neglect of a child by the 
Department of Children and Family Services under the Abused 
and Neglected Child Reporting Act or by a child welfare agency 
of another jurisdiction. 

 (d) No school board shall knowingly employ a person for 
whom a criminal
history records check and a Statewide Sex 
Offender Database check have not been initiated.

 (e) Within 10 days after a superintendent, regional office 
of education, or entity that provides background checks of 
license holders to public schools receives information of a 
pending criminal charge against a license holder for an 
offense set forth in Section 21B-80 of this Code, the 
superintendent, regional office of education, or entity must 
notify the State Superintendent of Education of the pending 
criminal charge. 
 If permissible by federal or State law, no later than 15 
business days after receipt of a record of conviction or of 
checking the Statewide Murderer and Violent Offender Against 
Youth Database or the Statewide Sex Offender Database and 
finding a registration, the superintendent of the employing 
school board or the applicable regional superintendent shall, 
in writing, notify the State Superintendent of Education of 
any license holder who has been convicted of a crime set forth 
in Section 21B-80 of this Code. Upon receipt of the record of a 
conviction of or a finding of child
abuse by a holder of any 
license
issued pursuant to Article 21B or Section 34-8.1 or 
34-83 of the
School Code, the
State Superintendent of 
Education may initiate licensure suspension
and revocation 
proceedings as authorized by law. If the receipt of the record 
of conviction or finding of child abuse is received within 6 
months after the initial grant of or renewal of a license, the 
State Superintendent of Education may rescind the license 
holder's license. 

 (e-5) The superintendent of the employing school board 
shall, in writing, notify the State Superintendent of 
Education and the applicable regional superintendent of 
schools of any license holder whom he or she has reasonable 
cause to believe has committed an intentional act of abuse or 
neglect with the result of making a child an abused child or a 
neglected child, as defined in Section 3 of the Abused and 
Neglected Child Reporting Act, and that act resulted in the 
license holder's dismissal or resignation from the school 
district. This notification must be submitted within 30 days 
after the dismissal or resignation and must include the 
Illinois Educator Identification Number (IEIN) of the license 
holder and a brief description of the misconduct alleged. The 
license holder must also be contemporaneously sent a copy of 
the notice by the superintendent. All correspondence, 
documentation, and other information so received by the 
regional superintendent of schools, the State Superintendent 
of Education, the State Board of Education, or the State 
Educator Preparation and Licensure Board under this subsection 
(e-5) is confidential and must not be disclosed to third 
parties, except (i) as necessary for the State Superintendent 
of Education or his or her designee to investigate and 
prosecute pursuant to Article 21B of this Code, (ii) pursuant 
to a court order, (iii) for disclosure to the license holder or 
his or her representative, or (iv) as otherwise provided in 
this Article and provided that any such information admitted 
into evidence in a hearing is exempt from this confidentiality 
and non-disclosure requirement. Except for an act of willful 
or wanton misconduct, any superintendent who provides 
notification as required in this subsection (e-5) shall have 
immunity from any liability, whether civil or criminal or that 
otherwise might result by reason of such action.
 (f) After January 1, 1990 the provisions of this Section 
shall apply
to all employees of persons or firms holding 
contracts with any school
district including, but not limited 
to, food service workers, school bus
drivers and other 
transportation employees, who have direct, daily contact
with 
the pupils of any school in such district. For purposes of 
criminal
history records checks and checks of the Statewide 
Sex Offender Database on employees of persons or firms holding

contracts with more than one school district and assigned to 
more than one
school district, the regional superintendent of 
the educational service
region in which the contracting school 
districts are located may, at the
request of any such school 
district, be responsible for receiving the
authorization for
a 
criminal history records check prepared by each such employee 
and
submitting the same to the Illinois State Police and for 
conducting a check of the Statewide Sex Offender Database for 
each employee. Any information
concerning the record of 
conviction and identification as a sex offender of any such 
employee obtained by the
regional superintendent shall be 
promptly reported to the president of the
appropriate school 
board or school boards.

 (f-5) Upon request of a school or school district, any 
information obtained by a school district pursuant to 
subsection (f) of this Section within the last year must be 
made available to the requesting school or school district.
 (g) Prior to the commencement of any student teaching 
experience or required internship (which is referred to as 
student teaching in this Section) in the public schools, a 
student teacher is required to authorize a fingerprint-based 
criminal history records check. Authorization for and payment 
of the costs of the check must be furnished by the student 
teacher to the school district where the student teaching is 
to be completed. Upon receipt of this authorization and 
payment, the school district shall submit the student 
teacher's name, sex, race, date of birth, social security 
number, fingerprint images, and other identifiers, as 
prescribed by the Illinois State Police, to the Illinois State 
Police. The Illinois State Police and the Federal Bureau of 
Investigation shall furnish, pursuant to a fingerprint-based 
criminal history records check, records of convictions, 
forever and hereinafter, until expunged, to the president of 
the school board for the school district that requested the 
check. The Illinois State Police shall charge the school 
district a fee for conducting the check, which fee must not 
exceed the cost of the inquiry and must be deposited into the 
State Police Services Fund. The school district shall further 
perform a check of the Statewide Sex Offender Database, as 
authorized by the Sex Offender Community Notification Law, and 
of the Statewide Murderer and Violent Offender Against Youth 
Database, as authorized by the Murderer and Violent Offender 
Against Youth Registration Act, for each student teacher. No 
school board may knowingly allow a person to student teach for 
whom a criminal history records check, a Statewide Sex 
Offender Database check, and a Statewide Murderer and Violent 
Offender Against Youth Database check have not been completed 
and reviewed by the district.
 A copy of the record of convictions obtained from the 
Illinois State Police must be provided to the student teacher. 
Any information concerning the record of convictions obtained 
by the president of the school board is confidential and may 
only be transmitted to the superintendent of the school 
district or his or her designee, the State Superintendent of 
Education, the State Educator Preparation and Licensure Board, 
or, for clarification purposes, the Illinois State Police or 
the Statewide Sex Offender Database or Statewide Murderer and 
Violent Offender Against Youth Database. Any unauthorized 
release of confidential information may be a violation of 
Section 7 of the Criminal Identification Act.
 No school board shall knowingly allow a person to student 
teach who has been convicted of any offense that would subject 
him or her to license suspension or revocation pursuant to 
subsection (c) of Section 21B-80 of this Code, except as 
provided under subsection (b) of Section 21B-80. Further, no 
school board shall allow a person to student teach if he or she 
has been found to be the perpetrator of sexual or physical 
abuse of a minor under 18 years of age pursuant to proceedings 
under Article II of the Juvenile Court Act of 1987. Each school 
board must consider the status of a person to student teach who 
has been issued an indicated finding of abuse or neglect of a 
child by the Department of Children and Family Services under 
the Abused and Neglected Child Reporting Act or by a child 
welfare agency of another jurisdiction. 
 (h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; 
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. 
1-1-22; revised 10-6-21.)


 (105 ILCS 5/10-22.3f)

 Sec. 10-22.3f. Required health benefits.  Insurance 
protection and
benefits
for employees shall provide the 
post-mastectomy care benefits required to be
covered by a 
policy of accident and health insurance under Section 356t and 
the
coverage required under Sections 356g, 356g.5, 356g.5-1, 
356q, 356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.11, 
356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 
356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 
356z.41, 356z.45, 356z.46, 356z.47, and 356z.51 and 356z.43 of

the
Illinois Insurance Code.
Insurance policies shall comply 
with Section 356z.19 of the Illinois Insurance Code. The 
coverage shall comply with Sections 155.22a, 355b, and 370c of

the Illinois Insurance Code. The Department of Insurance shall 
enforce the requirements of this Section. 

 Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; 
101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. 
1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, 
eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 
102-665, eff. 10-8-21; revised 10-27-21.)



 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)


 (Text of Section before amendment by P.A. 102-466)

 Sec. 10-22.6. Suspension or expulsion of pupils; school 
searches. 

 (a) To expel pupils guilty of gross disobedience or 
misconduct, including gross disobedience or misconduct 
perpetuated by electronic means, pursuant to subsection (b-20) 
of this Section, and
no action shall lie against them for such 
expulsion. Expulsion shall
take place only after the parents 
have been requested to appear at a
meeting of the board, or 
with a hearing officer appointed by it, to
discuss their 
child's behavior. Such request shall be made by registered
or 
certified mail and shall state the time, place and purpose of 
the
meeting. The board, or a hearing officer appointed by it, 
at such
meeting shall state the reasons for dismissal and the 
date on which the
expulsion is to become effective. If a 
hearing officer is appointed by
the board, he shall report to 
the board a written summary of the evidence
heard at the 
meeting and the board may take such action thereon as it
finds 
appropriate. If the board acts to expel a pupil, the written 
expulsion decision shall detail the specific reasons why 
removing the pupil from the learning environment is in the 
best interest of the school. The expulsion decision shall also 
include a rationale as to the specific duration of the 
expulsion. An expelled pupil may be immediately transferred to 
an alternative program in the manner provided in Article 13A 
or 13B of this Code. A pupil must not be denied transfer 
because of the expulsion, except in cases in which such 
transfer is deemed to cause a threat to the safety of students 
or staff in the alternative program.

 (b) To suspend or by policy to authorize the 
superintendent of
the district or the principal, assistant 
principal, or dean of students
of any school to suspend pupils 
guilty of gross disobedience or misconduct, or
to suspend 
pupils guilty of gross disobedience or misconduct on the 
school bus
from riding the school bus, pursuant to subsections 
(b-15) and (b-20) of this Section, and no action
shall lie 
against them for such suspension. The board may by policy

authorize the superintendent of the district or the principal, 
assistant
principal, or dean of students of any
school to 
suspend pupils guilty of such acts for a period not to exceed

10 school days. If a pupil is suspended due to gross 
disobedience or misconduct
on a school bus, the board may 
suspend the pupil in excess of 10
school
days for safety 
reasons. 
 Any suspension shall be reported immediately to the

parents or guardian of a pupil along with a full statement of 
the
reasons for such suspension and a notice of their right to 
a review. The school board must be given a summary of the 
notice, including the reason for the suspension and the 
suspension length. Upon request of the
parents or guardian, 
the school board or a hearing officer appointed by
it shall 
review such action of the superintendent or principal, 
assistant
principal, or dean of students. At such
review, the 
parents or guardian of the pupil may appear and discuss the

suspension with the board or its hearing officer. If a hearing 
officer
is appointed by the board, he shall report to the board 
a written summary
of the evidence heard at the meeting. After 
its hearing or upon receipt
of the written report of its 
hearing officer, the board may take such
action as it finds 
appropriate. If a student is suspended pursuant to this 
subsection (b), the board shall, in the written suspension 
decision, detail the specific act of gross disobedience or 
misconduct resulting in the decision to suspend. The 
suspension decision shall also include a rationale as to the 
specific duration of the suspension. A pupil who is suspended 
in excess of 20 school days may be immediately transferred to 
an alternative program in the manner provided in Article 13A 
or 13B of this Code. A pupil must not be denied transfer 
because of the suspension, except in cases in which such 
transfer is deemed to cause a threat to the safety of students 
or staff in the alternative program.

 (b-5) Among the many possible disciplinary interventions 
and consequences available to school officials, school 
exclusions, such as out-of-school suspensions and expulsions, 
are the most serious. School officials shall limit the number 
and duration of expulsions and suspensions to the greatest 
extent practicable, and it is recommended that they use them 
only for legitimate educational purposes. To ensure that 
students are not excluded from school unnecessarily, it is 
recommended that school officials consider forms of 
non-exclusionary discipline prior to using out-of-school 
suspensions or expulsions.
 (b-10) Unless otherwise required by federal law or this 
Code, school boards may not institute zero-tolerance policies 
by which school administrators are required to suspend or 
expel students for particular behaviors.
 (b-15) Out-of-school suspensions of 3 days or less may be 
used only if the student's continuing presence in school would 
pose a threat to school safety or a disruption to other 
students' learning opportunities. For purposes of this 
subsection (b-15), "threat to school safety or a disruption to 
other students' learning opportunities" shall be determined on 
a case-by-case basis by the school board or its designee. 
School officials shall make all reasonable efforts to resolve 
such threats, address such disruptions, and minimize the 
length of suspensions to the greatest extent practicable.
 (b-20) Unless otherwise required by this Code, 
out-of-school suspensions of longer than 3 days, expulsions, 
and disciplinary removals to alternative schools may be used 
only if other appropriate and available behavioral and 
disciplinary interventions have been exhausted and the 
student's continuing presence in school would either (i) pose 
a
threat to the safety of other students, staff, or members of

the school community or (ii) substantially disrupt, impede, or

interfere with the operation of the school. For purposes of 
this subsection (b-20), "threat to the safety of other 
students, staff, or members of the school community" and 
"substantially disrupt, impede, or interfere with the 
operation of the school" shall be determined on a case-by-case 
basis by school officials. For purposes of this subsection 
(b-20), the determination of whether "appropriate and 
available behavioral and disciplinary interventions have been 
exhausted" shall be made by school officials. School officials 
shall make all reasonable efforts to resolve such threats, 
address such disruptions, and minimize the length of student 
exclusions to the greatest extent practicable. Within the 
suspension decision described in subsection (b) of this 
Section or the expulsion decision described in subsection (a) 
of this Section, it shall be documented whether other 
interventions were attempted or whether it was determined that 
there were no other appropriate and available interventions.
 (b-25) Students who are suspended out-of-school for longer 
than 4 school days shall be provided appropriate and available 
support services during the period of their suspension. For 
purposes of this subsection (b-25), "appropriate and available 
support services" shall be determined by school authorities. 
Within the suspension decision described in subsection (b) of 
this Section, it shall be documented whether such services are 
to be provided or whether it was determined that there are no 
such appropriate and available services.
 A school district may refer students who are expelled to 
appropriate and available support services.
 A school district shall create a policy to facilitate the 
re-engagement of students who are suspended out-of-school, 
expelled, or returning from an alternative school setting.
 (b-30) A school district shall create a policy by which 
suspended pupils, including those pupils suspended from the 
school bus who do not have alternate transportation to school, 
shall have the opportunity to make up work for equivalent 
academic credit. It shall be the responsibility of a pupil's 
parent or guardian to notify school officials that a pupil 
suspended from the school bus does not have alternate 
transportation to school. 
 (c) A school board must invite a representative from a 
local mental health agency to consult with the board at the 
meeting whenever there is evidence that mental illness may be 
the cause of a student's expulsion or suspension.

 (c-5) School districts shall make reasonable efforts to 
provide ongoing professional development to teachers, 
administrators, school board members, school resource 
officers, and staff on the adverse consequences of school 
exclusion and justice-system involvement, effective classroom 
management strategies, culturally responsive discipline, the 
appropriate and available supportive services for the 
promotion of student attendance and engagement, and 
developmentally appropriate disciplinary methods that promote 
positive and healthy school climates. 
 (d) The board may expel a student for a definite period of 
time not to
exceed 2 calendar years, as determined on a 
case-by-case basis.
A student who
is determined to have 
brought one of the following objects to school, any 
school-sponsored activity
or event, or any activity or event 
that bears a reasonable relationship to school shall be 
expelled for a period of not less than
one year:
  (1) A firearm. For the purposes of this Section, 
 "firearm" means any gun, rifle, shotgun, weapon as defined 
 by Section 921 of Title 18 of the United States Code, 
 firearm as defined in Section 1.1 of the Firearm Owners 
 Identification Card Act, or firearm as defined in Section 
 24-1 of the Criminal Code of 2012. The expulsion period 
 under this subdivision (1) may be modified by the 
 superintendent, and the superintendent's determination may 
 be modified by the board on a case-by-case basis.
  (2) A knife, brass knuckles or other knuckle weapon 
 regardless of its composition, a billy club, or any other 
 object if used or attempted to be used to cause bodily 
 harm, including "look alikes" of any firearm as defined in 
 subdivision (1) of this subsection (d). The expulsion 
 requirement under this subdivision (2) may be modified by 
 the superintendent, and the superintendent's determination 
 may be modified by the board on a case-by-case basis. 
Expulsion
or suspension
shall be construed in a
manner 
consistent with the federal Individuals with Disabilities 
Education
Act. A student who is subject to suspension or 
expulsion as provided in this
Section may be eligible for a 
transfer to an alternative school program in
accordance with 
Article 13A of the School Code.

 (d-5) The board may suspend or by regulation
authorize the 
superintendent of the district or the principal, assistant

principal, or dean of students of any
school to suspend a 
student for a period not to exceed
10 school days or may expel 
a student for a definite period of time not to
exceed 2 
calendar years, as determined on a case-by-case basis, if (i) 
that student has been determined to have made an explicit 
threat on an Internet website against a school employee, a 
student, or any school-related personnel, (ii) the Internet 
website through which the threat was made is a site that was 
accessible within the school at the time the threat was made or 
was available to third parties who worked or studied within 
the school grounds at the time the threat was made, and (iii) 
the threat could be reasonably interpreted as threatening to 
the safety and security of the threatened individual because 
of his or her duties or employment status or status as a 
student inside the school.

 (e) To maintain order and security in the schools, school 
authorities may
inspect and search places and areas such as 
lockers, desks, parking lots, and
other school property and 
equipment owned or controlled by the school, as well
as 
personal effects left in those places and areas by students, 
without notice
to or the consent of the student, and without a 
search warrant. As a matter of
public policy, the General 
Assembly finds that students have no reasonable
expectation of 
privacy in these places and areas or in their personal effects

left in these places and areas. School authorities may request 
the assistance
of law enforcement officials for the purpose of 
conducting inspections and
searches of lockers, desks, parking 
lots, and other school property and
equipment owned or 
controlled by the school for illegal drugs, weapons, or
other

illegal or dangerous substances or materials, including 
searches conducted
through the use of specially trained dogs. 
If a search conducted in accordance
with this Section produces 
evidence that the student has violated or is
violating either 
the law, local ordinance, or the school's policies or rules,

such evidence may be seized by school authorities, and 
disciplinary action may
be taken. School authorities may also 
turn over such evidence to law
enforcement authorities.

 (f) Suspension or expulsion may include suspension or 
expulsion from
school and all school activities and a 
prohibition from being present on school
grounds.

 (g) A school district may adopt a policy providing that if 
a student
is suspended or expelled for any reason from any 
public or private school
in this or any other state, the 
student must complete the entire term of
the suspension or 
expulsion in an alternative school program under Article 13A 
of this Code or an alternative learning opportunities program 
under Article 13B of this Code before being admitted into the 
school
district if there is no threat to the safety of students 
or staff in the alternative program.

 (h) School officials shall not advise or encourage 
students to drop out voluntarily due to behavioral or academic 
difficulties.
 (i) A student may not be issued a monetary fine or fee as a 
disciplinary consequence, though this shall not preclude 
requiring a student to provide restitution for lost, stolen, 
or damaged property.
 (j) Subsections (a) through (i) of this Section shall 
apply to elementary and secondary schools, charter schools, 
special charter districts, and school districts organized 
under Article 34 of this Code. 
 (k) The expulsion of children enrolled in programs funded 
under Section 1C-2 of this Code is subject to the requirements 
under paragraph (7) of subsection (a) of Section 2-3.71 of 
this Code.
 (l) Beginning with the 2018-2019 school year, an in-school 
suspension program provided by a school district for any 
students in kindergarten through grade 12 may focus on 
promoting non-violent conflict resolution and positive 
interaction with other students and school personnel. A school 
district may employ a school social worker or a licensed 
mental health professional to oversee an in-school suspension 
program in kindergarten through grade 12. 
(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.)

 (Text of Section after amendment by P.A. 102-466)

 Sec. 10-22.6. Suspension or expulsion of pupils; school 
searches. 

 (a) To expel pupils guilty of gross disobedience or 
misconduct, including gross disobedience or misconduct 
perpetuated by electronic means, pursuant to subsection (b-20) 
of this Section, and
no action shall lie against them for such 
expulsion. Expulsion shall
take place only after the parents 
or guardians have been requested to appear at a
meeting of the 
board, or with a hearing officer appointed by it, to
discuss 
their child's behavior. Such request shall be made by 
registered
or certified mail and shall state the time, place 
and purpose of the
meeting. The board, or a hearing officer 
appointed by it, at such
meeting shall state the reasons for 
dismissal and the date on which the
expulsion is to become 
effective. If a hearing officer is appointed by
the board, he 
shall report to the board a written summary of the evidence

heard at the meeting and the board may take such action thereon 
as it
finds appropriate. If the board acts to expel a pupil, 
the written expulsion decision shall detail the specific 
reasons why removing the pupil from the learning environment 
is in the best interest of the school. The expulsion decision 
shall also include a rationale as to the specific duration of 
the expulsion. An expelled pupil may be immediately 
transferred to an alternative program in the manner provided 
in Article 13A or 13B of this Code. A pupil must not be denied 
transfer because of the expulsion, except in cases in which 
such transfer is deemed to cause a threat to the safety of 
students or staff in the alternative program.

 (b) To suspend or by policy to authorize the 
superintendent of
the district or the principal, assistant 
principal, or dean of students
of any school to suspend pupils 
guilty of gross disobedience or misconduct, or
to suspend 
pupils guilty of gross disobedience or misconduct on the 
school bus
from riding the school bus, pursuant to subsections 
(b-15) and (b-20) of this Section, and no action
shall lie 
against them for such suspension. The board may by policy

authorize the superintendent of the district or the principal, 
assistant
principal, or dean of students of any
school to 
suspend pupils guilty of such acts for a period not to exceed

10 school days. If a pupil is suspended due to gross 
disobedience or misconduct
on a school bus, the board may 
suspend the pupil in excess of 10
school
days for safety 
reasons. 
 Any suspension shall be reported immediately to the

parents or guardians of a pupil along with a full statement of 
the
reasons for such suspension and a notice of their right to 
a review. The school board must be given a summary of the 
notice, including the reason for the suspension and the 
suspension length. Upon request of the
parents or guardians, 
the school board or a hearing officer appointed by
it shall 
review such action of the superintendent or principal, 
assistant
principal, or dean of students. At such
review, the 
parents or guardians of the pupil may appear and discuss the

suspension with the board or its hearing officer. If a hearing 
officer
is appointed by the board, he shall report to the board 
a written summary
of the evidence heard at the meeting. After 
its hearing or upon receipt
of the written report of its 
hearing officer, the board may take such
action as it finds 
appropriate. If a student is suspended pursuant to this 
subsection (b), the board shall, in the written suspension 
decision, detail the specific act of gross disobedience or 
misconduct resulting in the decision to suspend. The 
suspension decision shall also include a rationale as to the 
specific duration of the suspension. A pupil who is suspended 
in excess of 20 school days may be immediately transferred to 
an alternative program in the manner provided in Article 13A 
or 13B of this Code. A pupil must not be denied transfer 
because of the suspension, except in cases in which such 
transfer is deemed to cause a threat to the safety of students 
or staff in the alternative program.

 (b-5) Among the many possible disciplinary interventions 
and consequences available to school officials, school 
exclusions, such as out-of-school suspensions and expulsions, 
are the most serious. School officials shall limit the number 
and duration of expulsions and suspensions to the greatest 
extent practicable, and it is recommended that they use them 
only for legitimate educational purposes. To ensure that 
students are not excluded from school unnecessarily, it is 
recommended that school officials consider forms of 
non-exclusionary discipline prior to using out-of-school 
suspensions or expulsions.
 (b-10) Unless otherwise required by federal law or this 
Code, school boards may not institute zero-tolerance policies 
by which school administrators are required to suspend or 
expel students for particular behaviors.
 (b-15) Out-of-school suspensions of 3 days or less may be 
used only if the student's continuing presence in school would 
pose a threat to school safety or a disruption to other 
students' learning opportunities. For purposes of this 
subsection (b-15), "threat to school safety or a disruption to 
other students' learning opportunities" shall be determined on 
a case-by-case basis by the school board or its designee. 
School officials shall make all reasonable efforts to resolve 
such threats, address such disruptions, and minimize the 
length of suspensions to the greatest extent practicable.
 (b-20) Unless otherwise required by this Code, 
out-of-school suspensions of longer than 3 days, expulsions, 
and disciplinary removals to alternative schools may be used 
only if other appropriate and available behavioral and 
disciplinary interventions have been exhausted and the 
student's continuing presence in school would either (i) pose 
a
threat to the safety of other students, staff, or members of

the school community or (ii) substantially disrupt, impede, or

interfere with the operation of the school. For purposes of 
this subsection (b-20), "threat to the safety of other 
students, staff, or members of the school community" and 
"substantially disrupt, impede, or interfere with the 
operation of the school" shall be determined on a case-by-case 
basis by school officials. For purposes of this subsection 
(b-20), the determination of whether "appropriate and 
available behavioral and disciplinary interventions have been 
exhausted" shall be made by school officials. School officials 
shall make all reasonable efforts to resolve such threats, 
address such disruptions, and minimize the length of student 
exclusions to the greatest extent practicable. Within the 
suspension decision described in subsection (b) of this 
Section or the expulsion decision described in subsection (a) 
of this Section, it shall be documented whether other 
interventions were attempted or whether it was determined that 
there were no other appropriate and available interventions.
 (b-25) Students who are suspended out-of-school for longer 
than 4 school days shall be provided appropriate and available 
support services during the period of their suspension. For 
purposes of this subsection (b-25), "appropriate and available 
support services" shall be determined by school authorities. 
Within the suspension decision described in subsection (b) of 
this Section, it shall be documented whether such services are 
to be provided or whether it was determined that there are no 
such appropriate and available services.
 A school district may refer students who are expelled to 
appropriate and available support services.
 A school district shall create a policy to facilitate the 
re-engagement of students who are suspended out-of-school, 
expelled, or returning from an alternative school setting.
 (b-30) A school district shall create a policy by which 
suspended pupils, including those pupils suspended from the 
school bus who do not have alternate transportation to school, 
shall have the opportunity to make up work for equivalent 
academic credit. It shall be the responsibility of a pupil's 
parents or guardians to notify school officials that a pupil 
suspended from the school bus does not have alternate 
transportation to school. 
 (b-35) In all suspension review hearings conducted
under 
subsection (b) or expulsion hearings conducted
under 
subsection (a), a student may disclose any factor to be 
considered in mitigation, including his or her status as
a 
parent, expectant parent, or victim of domestic or sexual 
violence, as defined in Article 26A. A representative of the

parent's or guardian's choice, or of the student's choice if 
emancipated, must be permitted to represent
the student 
throughout the proceedings and to address the school board or 
its appointed hearing officer. With the
approval of the 
student's parent or guardian, or of the student if 
emancipated, a support person
must be permitted to accompany 
the student to any disciplinary
hearings or proceedings. The 
representative or support person must comply with any rules of 
the school district's hearing process. If the representative 
or support person violates the rules or engages in behavior or 
advocacy that harasses, abuses, or intimidates either party, a 
witness, or anyone else in attendance at the hearing, the 
representative or support person may be prohibited from 
further participation in the hearing or proceeding. A 
suspension or expulsion proceeding
under this subsection 
(b-35) must be conducted independently
from any ongoing 
criminal investigation or proceeding, and an absence of 
pending or possible criminal charges, criminal investigations, 
or proceedings may not be a factor in school
disciplinary 
decisions.
 (b-40) During a suspension review hearing conducted
under 
subsection (b) or an expulsion hearing conducted
under 
subsection (a) that involves allegations of sexual
violence by 
the student who is subject to discipline, neither
the student 
nor his or her representative shall directly
question nor have 
direct contact with the alleged victim. The
student who is 
subject to discipline or his or her
representative may, at the 
discretion and direction of the
school board or its appointed 
hearing officer, suggest
questions to be posed by the school 
board or its appointed
hearing officer to the alleged victim. 
 (c) A school board must invite a representative from a 
local mental health agency to consult with the board at the 
meeting whenever there is evidence that mental illness may be 
the cause of a student's expulsion or suspension.

 (c-5) School districts shall make reasonable efforts to 
provide ongoing professional development to teachers, 
administrators, school board members, school resource 
officers, and staff on the adverse consequences of school 
exclusion and justice-system involvement, effective classroom 
management strategies, culturally responsive discipline, the 
appropriate and available supportive services for the 
promotion of student attendance and engagement, and 
developmentally appropriate disciplinary methods that promote 
positive and healthy school climates. 
 (d) The board may expel a student for a definite period of 
time not to
exceed 2 calendar years, as determined on a 
case-by-case basis.
A student who
is determined to have 
brought one of the following objects to school, any 
school-sponsored activity
or event, or any activity or event 
that bears a reasonable relationship to school shall be 
expelled for a period of not less than
one year:
  (1) A firearm. For the purposes of this Section, 
 "firearm" means any gun, rifle, shotgun, weapon as defined 
 by Section 921 of Title 18 of the United States Code, 
 firearm as defined in Section 1.1 of the Firearm Owners 
 Identification Card Act, or firearm as defined in Section 
 24-1 of the Criminal Code of 2012. The expulsion period 
 under this subdivision (1) may be modified by the 
 superintendent, and the superintendent's determination may 
 be modified by the board on a case-by-case basis.
  (2) A knife, brass knuckles or other knuckle weapon 
 regardless of its composition, a billy club, or any other 
 object if used or attempted to be used to cause bodily 
 harm, including "look alikes" of any firearm as defined in 
 subdivision (1) of this subsection (d). The expulsion 
 requirement under this subdivision (2) may be modified by 
 the superintendent, and the superintendent's determination 
 may be modified by the board on a case-by-case basis. 
Expulsion
or suspension
shall be construed in a
manner 
consistent with the federal Individuals with Disabilities 
Education
Act. A student who is subject to suspension or 
expulsion as provided in this
Section may be eligible for a 
transfer to an alternative school program in
accordance with 
Article 13A of the School Code.

 (d-5) The board may suspend or by regulation
authorize the 
superintendent of the district or the principal, assistant

principal, or dean of students of any
school to suspend a 
student for a period not to exceed
10 school days or may expel 
a student for a definite period of time not to
exceed 2 
calendar years, as determined on a case-by-case basis, if (i) 
that student has been determined to have made an explicit 
threat on an Internet website against a school employee, a 
student, or any school-related personnel, (ii) the Internet 
website through which the threat was made is a site that was 
accessible within the school at the time the threat was made or 
was available to third parties who worked or studied within 
the school grounds at the time the threat was made, and (iii) 
the threat could be reasonably interpreted as threatening to 
the safety and security of the threatened individual because 
of his or her duties or employment status or status as a 
student inside the school.

 (e) To maintain order and security in the schools, school 
authorities may
inspect and search places and areas such as 
lockers, desks, parking lots, and
other school property and 
equipment owned or controlled by the school, as well
as 
personal effects left in those places and areas by students, 
without notice
to or the consent of the student, and without a 
search warrant. As a matter of
public policy, the General 
Assembly finds that students have no reasonable
expectation of 
privacy in these places and areas or in their personal effects

left in these places and areas. School authorities may request 
the assistance
of law enforcement officials for the purpose of 
conducting inspections and
searches of lockers, desks, parking 
lots, and other school property and
equipment owned or 
controlled by the school for illegal drugs, weapons, or
other

illegal or dangerous substances or materials, including 
searches conducted
through the use of specially trained dogs. 
If a search conducted in accordance
with this Section produces 
evidence that the student has violated or is
violating either 
the law, local ordinance, or the school's policies or rules,

such evidence may be seized by school authorities, and 
disciplinary action may
be taken. School authorities may also 
turn over such evidence to law
enforcement authorities.

 (f) Suspension or expulsion may include suspension or 
expulsion from
school and all school activities and a 
prohibition from being present on school
grounds.

 (g) A school district may adopt a policy providing that if 
a student
is suspended or expelled for any reason from any 
public or private school
in this or any other state, the 
student must complete the entire term of
the suspension or 
expulsion in an alternative school program under Article 13A 
of this Code or an alternative learning opportunities program 
under Article 13B of this Code before being admitted into the 
school
district if there is no threat to the safety of students 
or staff in the alternative program. A school district that 
adopts a policy under this subsection (g) must include a 
provision allowing for consideration of any mitigating 
factors, including, but not limited to, a student's status as 
a parent, expectant parent, or victim of domestic or sexual 
violence, as defined in Article 26A. 

 (h) School officials shall not advise or encourage 
students to drop out voluntarily due to behavioral or academic 
difficulties.
 (i) A student may not be issued a monetary fine or fee as a 
disciplinary consequence, though this shall not preclude 
requiring a student to provide restitution for lost, stolen, 
or damaged property.
 (j) Subsections (a) through (i) of this Section shall 
apply to elementary and secondary schools, charter schools, 
special charter districts, and school districts organized 
under Article 34 of this Code. 
 (k) The expulsion of children enrolled in programs funded 
under Section 1C-2 of this Code is subject to the requirements 
under paragraph (7) of subsection (a) of Section 2-3.71 of 
this Code.
 (l) Beginning with the 2018-2019 school year, an in-school 
suspension program provided by a school district for any 
students in kindergarten through grade 12 may focus on 
promoting non-violent conflict resolution and positive 
interaction with other students and school personnel. A school 
district may employ a school social worker or a licensed 
mental health professional to oversee an in-school suspension 
program in kindergarten through grade 12. 
(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 
102-539, eff. 8-20-21; revised 9-23-21.)



 (105 ILCS 5/10-22.39)


 (Text of Section before amendment by P.A. 102-638)
 Sec. 10-22.39. In-service training programs. 
 (a) To conduct in-service training programs for teachers.
 (b) In addition to
other topics at in-service training

programs, at least once every 2 years, licensed school 
personnel and administrators who work with pupils in 
kindergarten through grade 12 shall be
trained to identify the 
warning signs of mental illness and suicidal behavior in youth 
and shall be taught appropriate intervention and referral 
techniques. A school district may utilize the Illinois Mental 
Health First Aid training program, established under the 
Illinois Mental Health First Aid Training Act and administered 
by certified instructors trained by a national association 
recognized as an authority in behavioral health, to provide 
the training and meet the requirements under this subsection. 
If licensed school personnel or an administrator obtains 
mental health first aid training outside of an in-service 
training program, he or she may present a certificate of 
successful completion of the training to the school district 
to satisfy the requirements of this subsection. 

 (c) School counselors, nurses, teachers and other school 
personnel
who work with pupils may be trained to have a basic 
knowledge of matters
relating to acquired immunodeficiency 
syndrome (AIDS), including the nature
of the disease, its 
causes and effects, the means of detecting it and
preventing 
its transmission, and the availability of appropriate sources 
of
counseling and referral, and any other information that may 
be appropriate
considering the age and grade level of such 
pupils. The School Board shall
supervise such training. The 
State Board of Education and the Department
of Public Health 
shall jointly develop standards for such training.

 (d) In this subsection (d):
 "Domestic violence" means abuse by a family or household 
member, as "abuse" and "family or household members" are 
defined in Section 103 of the Illinois Domestic Violence Act 
of 1986.
 "Sexual violence" means sexual assault, abuse, or stalking 
of an adult or minor child proscribed in the Criminal Code of 
1961 or the Criminal Code of 2012 in Sections 11-1.20, 
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 
12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including 
sexual violence committed by perpetrators who are strangers to 
the victim and sexual violence committed by perpetrators who 
are known or related by blood or marriage to the victim.
 At least once every 2 years, an in-service training 
program for school personnel who work with pupils, including, 
but not limited to, school and school district administrators, 
teachers, school social workers, school counselors, school 
psychologists, and school nurses, must be conducted by persons 
with expertise in domestic and sexual violence and the needs 
of expectant and parenting youth and shall include training 
concerning (i) communicating with and listening to youth 
victims of domestic or sexual violence and expectant and 
parenting youth, (ii) connecting youth victims of domestic or 
sexual violence and expectant and parenting youth to 
appropriate in-school services and other agencies, programs, 
and services as needed, and (iii) implementing the school 
district's policies, procedures, and protocols with regard to 
such youth, including confidentiality. At a minimum, school 
personnel must be trained to understand, provide information 
and referrals, and address issues pertaining to youth who are 
parents, expectant parents, or victims of domestic or sexual 
violence.

 (e) At least every 2 years, an in-service training program 
for school personnel who work with pupils must be conducted by 
persons with expertise in anaphylactic reactions and 
management. 

 (f) At least once every 2 years, a school board shall 
conduct in-service training on educator ethics, 
teacher-student conduct, and school employee-student conduct 
for all personnel. 
(Source: P.A. 101-350, eff. 1-1-20; 102-197, eff. 7-30-21.)

 (Text of Section after amendment by P.A. 102-638)

 Sec. 10-22.39. In-service training programs. 
 (a) To conduct in-service training programs for teachers.
 (b) In addition to
other topics at in-service training

programs, at least once every 2 years, licensed school 
personnel and administrators who work with pupils in 
kindergarten through grade 12 shall be
trained to identify the 
warning signs of mental illness, trauma, and suicidal behavior 
in youth and shall be taught appropriate intervention and 
referral techniques. A school district may utilize the 
Illinois Mental Health First Aid training program, established 
under the Illinois Mental Health First Aid Training Act and 
administered by certified instructors trained by a national 
association recognized as an authority in behavioral health, 
to provide the training and meet the requirements under this 
subsection. If licensed school personnel or an administrator 
obtains mental health first aid training outside of an 
in-service training program, he or she may present a 
certificate of successful completion of the training to the 
school district to satisfy the requirements of this 
subsection. 

 Training regarding the implementation of trauma-informed 
practices satisfies the requirements
of this subsection (b).
 A course of instruction as described in this subsection 
(b) may provide information that is relevant to
and within the 
scope of the duties of licensed school personnel or school 
administrators. Such information may include,
but is not 
limited to:
  (1) the recognition of and care for trauma in students 
 and staff;
  (2) the relationship between educator wellness and 
 student learning;
  (3) the effect of trauma on student behavior and 
 learning;
  (4) the prevalence of trauma among students, including 
 the prevalence of trauma among student
populations at 
 higher risk of experiencing trauma;
  (5) the effects of implicit or explicit bias on 
 recognizing trauma among various student groups in 
 connection with race, ethnicity, gender identity, sexual 
 orientation, socio-economic status, and other relevant 
 factors; and
  (6) effective district practices that are shown to:
   (A) prevent and mitigate the negative effect of 
 trauma on student behavior and learning; and
   (B) support the emotional wellness of staff. 
 (c) School counselors, nurses, teachers and other school 
personnel
who work with pupils may be trained to have a basic 
knowledge of matters
relating to acquired immunodeficiency 
syndrome (AIDS), including the nature
of the disease, its 
causes and effects, the means of detecting it and
preventing 
its transmission, and the availability of appropriate sources 
of
counseling and referral, and any other information that may 
be appropriate
considering the age and grade level of such 
pupils. The School Board shall
supervise such training. The 
State Board of Education and the Department
of Public Health 
shall jointly develop standards for such training.

 (d) In this subsection (d):
 "Domestic violence" means abuse by a family or household 
member, as "abuse" and "family or household members" are 
defined in Section 103 of the Illinois Domestic Violence Act 
of 1986.
 "Sexual violence" means sexual assault, abuse, or stalking 
of an adult or minor child proscribed in the Criminal Code of 
1961 or the Criminal Code of 2012 in Sections 11-1.20, 
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 
12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including 
sexual violence committed by perpetrators who are strangers to 
the victim and sexual violence committed by perpetrators who 
are known or related by blood or marriage to the victim.
 At least once every 2 years, an in-service training 
program for school personnel who work with pupils, including, 
but not limited to, school and school district administrators, 
teachers, school social workers, school counselors, school 
psychologists, and school nurses, must be conducted by persons 
with expertise in domestic and sexual violence and the needs 
of expectant and parenting youth and shall include training 
concerning (i) communicating with and listening to youth 
victims of domestic or sexual violence and expectant and 
parenting youth, (ii) connecting youth victims of domestic or 
sexual violence and expectant and parenting youth to 
appropriate in-school services and other agencies, programs, 
and services as needed, and (iii) implementing the school 
district's policies, procedures, and protocols with regard to 
such youth, including confidentiality. At a minimum, school 
personnel must be trained to understand, provide information 
and referrals, and address issues pertaining to youth who are 
parents, expectant parents, or victims of domestic or sexual 
violence.

 (e) At least every 2 years, an in-service training program 
for school personnel who work with pupils must be conducted by 
persons with expertise in anaphylactic reactions and 
management. 

 (f) At least once every 2 years, a school board shall 
conduct in-service training on educator ethics, 
teacher-student conduct, and school employee-student conduct 
for all personnel. 
(Source: P.A. 101-350, eff. 1-1-20; 102-197, eff. 7-30-21; 
102-638, eff. 1-1-23; revised 10-15-21.)




 (105 ILCS 5/10-27.1A)



 Sec. 10-27.1A. Firearms in schools. 

 (a) All school officials, including teachers, school 
counselors, and
support staff, shall immediately notify the 
office of the principal in the
event that they observe any 
person in possession of a firearm on school
grounds; provided 
that taking such immediate action to notify the office of the

principal would not immediately endanger the health, safety, 
or welfare of
students who are under the direct supervision of 
the school official or the
school official. If the health, 
safety, or welfare of students under the
direct supervision of 
the school official or of the school official is
immediately 
endangered, the school official shall notify the office of the

principal as soon as the students under his or her supervision 
and he or she
are no longer under immediate danger. A report is 
not required by this Section
when the school official knows 
that the person in possession of the firearm is
a law 
enforcement official engaged in the conduct of his or her 
official
duties. Any school official acting in good faith who 
makes such a report under
this Section shall have immunity 
from any civil or criminal liability that
might otherwise be 
incurred as a result of making the report. The identity of
the 
school official making such report shall not be disclosed 
except as
expressly and specifically authorized by law. 
Knowingly and willfully failing
to comply with this Section is 
a petty offense. A second or subsequent offense
is a Class C 
misdemeanor.

 (b) Upon receiving a report from any school official 
pursuant to this
Section, or from any other person, the 
principal or his or her designee shall
immediately notify a 
local law enforcement agency. If the person found to be
in 
possession of a firearm on school grounds is a student, the 
principal or
his or her designee shall also immediately notify 
that student's parent or
guardian. Any principal or his or her 
designee acting in good faith who makes
such reports under 
this Section shall have immunity from any civil or criminal

liability that might otherwise be incurred or imposed as a 
result of making
the reports. Knowingly and willfully failing 
to comply with this Section is a
petty offense. A second or 
subsequent offense is a Class C misdemeanor. If
the person 
found to be in possession of the firearm on school grounds is a

minor, the law enforcement agency shall detain that minor 
until such time as
the agency makes a determination pursuant 
to clause (a) of subsection (1) of
Section 5-401 of the 
Juvenile Court Act of 1987, as to whether the agency

reasonably believes that the minor is delinquent. If the law 
enforcement
agency determines that probable cause exists to 
believe that the minor
committed a violation of item (4) of 
subsection (a) of Section 24-1 of the
Criminal Code of 2012 
while on school grounds, the agency shall detain the
minor for 
processing pursuant to Section 5-407 of the Juvenile Court Act 
of
1987.

 (c) On or after January 1, 1997, upon receipt of any 
written,
electronic, or verbal report from any school 
personnel regarding a verified
incident involving a firearm in 
a school or on school owned or leased property,
including any 
conveyance owned,
leased, or used by the school for the 
transport of students or school
personnel, the superintendent 
or his or her designee shall report all such
firearm-related 
incidents occurring in a school or on school property to the

local law enforcement authorities immediately and to the 
Illinois State Police in a form, manner, and frequency as 
prescribed by the Illinois State Police.

 The State Board of Education shall receive an annual 
statistical compilation
and related data associated with 
incidents involving firearms in schools from
the Illinois 
State Police. The State Board of Education shall compile
this 
information by school district and make it available to the 
public.

 (d) As used in this Section, the term "firearm" shall have 
the meaning
ascribed to it in Section 1.1 of the Firearm Owners 
Identification Card Act.

 As used in this Section, the term "school" means any 
public or private
elementary or secondary school.

 As used in this Section, the term "school grounds" 
includes the real property
comprising any school, any 
conveyance owned, leased, or contracted by a school
to 
transport students to or from school or a school-related 
activity, or any
public way within 1,000 feet of the real 
property comprising any school.

(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
revised 10-6-21.)





 (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)

 (Text of Section before amendment by P.A. 102-199)
 Sec. 14-8.02. Identification, evaluation, and placement of 
children. 

 (a) The State Board of Education shall make rules under 
which local school
boards shall determine the eligibility of 
children to receive special
education. Such rules shall ensure 
that a free appropriate public
education be available to all 
children with disabilities as
defined in
Section 14-1.02. The 
State Board of Education shall require local school
districts 
to administer non-discriminatory procedures or tests to

English learners coming from homes in which a language
other 
than English is used to determine their eligibility to receive 
special
education. The placement of low English proficiency 
students in special
education programs and facilities shall be 
made in accordance with the test
results reflecting the 
student's linguistic, cultural and special education
needs. 
For purposes of determining the eligibility of children the 
State
Board of Education shall include in the rules 
definitions of "case study",
"staff conference", 
"individualized educational program", and "qualified

specialist" appropriate to each category of children with

disabilities as defined in
this Article. For purposes of 
determining the eligibility of children from
homes in which a 
language other than English is used, the State Board of

Education shall include in the rules
definitions for 
"qualified bilingual specialists" and "linguistically and

culturally appropriate individualized educational programs". 
For purposes of this
Section, as well as Sections 14-8.02a, 
14-8.02b, and 14-8.02c of this Code,
"parent" means a parent 
as defined in the federal Individuals with Disabilities 
Education Act (20 U.S.C. 1401(23)). 

 (b) No child shall be eligible for special education 
facilities except
with a carefully completed case study fully 
reviewed by professional
personnel in a multidisciplinary 
staff conference and only upon the
recommendation of qualified 
specialists or a qualified bilingual specialist, if
available. 
At the conclusion of the multidisciplinary staff conference, 
the
parent of the child shall be given a copy of the 
multidisciplinary
conference summary report and 
recommendations, which includes options
considered, and be 
informed of his or her right to obtain an independent 
educational
evaluation if he or she disagrees with the 
evaluation findings conducted or obtained
by the school 
district. If the school district's evaluation is shown to be

inappropriate, the school district shall reimburse the parent 
for the cost of
the independent evaluation. The State Board of 
Education shall, with advice
from the State Advisory Council 
on Education of Children with
Disabilities on the
inclusion of 
specific independent educational evaluators, prepare a list of

suggested independent educational evaluators. The State Board 
of Education
shall include on the list clinical psychologists 
licensed pursuant to the
Clinical Psychologist Licensing Act. 
Such psychologists shall not be paid fees
in excess of the 
amount that would be received by a school psychologist for

performing the same services. The State Board of Education 
shall supply school
districts with such list and make the list 
available to parents at their
request. School districts shall 
make the list available to parents at the time
they are 
informed of their right to obtain an independent educational

evaluation. However, the school district may initiate an 
impartial
due process hearing under this Section within 5 days 
of any written parent
request for an independent educational 
evaluation to show that
its evaluation is appropriate. If the 
final decision is that the evaluation
is appropriate, the 
parent still has a right to an independent educational

evaluation, but not at public expense. An independent 
educational
evaluation at public expense must be completed 
within 30 days of a parent
written request unless the school 
district initiates an
impartial due process hearing or the 
parent or school district
offers reasonable grounds to show 
that such 30-day time period should be
extended. If the due 
process hearing decision indicates that the parent is entitled 
to an independent educational evaluation, it must be
completed 
within 30 days of the decision unless the parent or
the school 
district offers reasonable grounds to show that such 30-day

period should be extended. If a parent disagrees with the 
summary report or
recommendations of the multidisciplinary 
conference or the findings of any
educational evaluation which 
results therefrom, the school
district shall not proceed with 
a placement based upon such evaluation and
the child shall 
remain in his or her regular classroom setting.
No child shall 
be eligible for admission to a
special class for children with 
a mental disability who are educable or for children with a 
mental disability who are trainable except with a 
psychological evaluation
and
recommendation by a school 
psychologist. Consent shall be obtained from
the parent of a 
child before any evaluation is conducted.
If consent is not 
given by the parent or if the parent disagrees with the 
findings of the evaluation, then the school
district may 
initiate an impartial due process hearing under this Section.

The school district may evaluate the child if that is the 
decision
resulting from the impartial due process hearing and 
the decision is not
appealed or if the decision is affirmed on 
appeal.
The determination of eligibility shall be made and the 
IEP meeting shall be completed within 60 school days
from the 
date of written parental consent. In those instances when 
written parental consent is obtained with fewer than 60 pupil 
attendance days left in the school year,
the eligibility 
determination shall be made and the IEP meeting shall be 
completed prior to the first day of the
following school year. 
Special education and related services must be provided in 
accordance with the student's IEP no later than 10 school 
attendance days after notice is provided to the parents 
pursuant to Section 300.503 of Title 34 of the Code of Federal 
Regulations and implementing rules adopted by the State Board 
of Education. The appropriate
program pursuant to the 
individualized educational program of students
whose native 
tongue is a language other than English shall reflect the

special education, cultural and linguistic needs. No later 
than September
1, 1993, the State Board of Education shall 
establish standards for the
development, implementation and 
monitoring of appropriate bilingual special
individualized 
educational programs. The State Board of Education shall

further incorporate appropriate monitoring procedures to 
verify implementation
of these standards. The district shall 
indicate to the parent and
the State Board of Education the 
nature of the services the child will receive
for the regular 
school term while awaiting waiting placement in the 
appropriate special
education class. At the child's initial 
IEP meeting and at each annual review meeting, the child's IEP 
team shall provide the child's parent or guardian with a 
written notification that informs the parent or guardian that 
the IEP team is required to consider whether the child 
requires assistive technology in order to receive free, 
appropriate public education. The notification must also 
include a toll-free telephone number and internet address for 
the State's assistive technology program. 

 If the child is deaf, hard of hearing, blind, or visually 
impaired or has an orthopedic impairment or physical 
disability and
he or she might be eligible to receive services 
from the Illinois School for
the Deaf, the Illinois School for 
the Visually Impaired, or the Illinois Center for 
Rehabilitation and Education-Roosevelt, the school
district 
shall notify the parents, in writing, of the existence of

these schools
and the services
they provide and shall make a 
reasonable effort to inform the parents of the existence of 
other, local schools that provide similar services and the 
services that these other schools provide. This notification

shall
include without limitation information on school 
services, school
admissions criteria, and school contact 
information.

 In the development of the individualized education program 
for a student who has a disability on the autism spectrum 
(which includes autistic disorder, Asperger's disorder, 
pervasive developmental disorder not otherwise specified, 
childhood disintegrative disorder, and Rett Syndrome, as 
defined in the Diagnostic and Statistical Manual of Mental 
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall 
consider all of the following factors:
  (1) The verbal and nonverbal communication needs of 
 the child.
  (2) The need to develop social interaction skills and 
 proficiencies.
  (3) The needs resulting from the child's unusual 
 responses to sensory experiences.
  (4) The needs resulting from resistance to 
 environmental change or change in daily routines.
  (5) The needs resulting from engagement in repetitive 
 activities and stereotyped movements.
  (6) The need for any positive behavioral 
 interventions, strategies, and supports to address any 
 behavioral difficulties resulting from autism spectrum 
 disorder.
  (7) Other needs resulting from the child's disability 
 that impact progress in the general curriculum, including 
 social and emotional development.
Public Act 95-257
does not create any new entitlement to a 
service, program, or benefit, but must not affect any 
entitlement to a service, program, or benefit created by any 
other law.

 If the student may be eligible to participate in the 
Home-Based Support
Services Program for Adults with Mental 
Disabilities authorized under the
Developmental Disability and 
Mental Disability Services Act upon becoming an
adult, the 
student's individualized education program shall include plans 
for
(i) determining the student's eligibility for those 
home-based services, (ii)
enrolling the student in the program 
of home-based services, and (iii)
developing a plan for the 
student's most effective use of the home-based
services after 
the student becomes an adult and no longer receives special

educational services under this Article. The plans developed 
under this
paragraph shall include specific actions to be 
taken by specified individuals,
agencies, or officials.

 (c) In the development of the individualized education 
program for a
student who is functionally blind, it shall be 
presumed that proficiency in
Braille reading and writing is 
essential for the student's satisfactory
educational progress. 
For purposes of this subsection, the State Board of
Education 
shall determine the criteria for a student to be classified as

functionally blind. Students who are not currently identified 
as
functionally blind who are also entitled to Braille 
instruction include:
(i) those whose vision loss is so severe 
that they are unable to read and
write at a level comparable to 
their peers solely through the use of
vision, and (ii) those 
who show evidence of progressive vision loss that
may result 
in functional blindness. Each student who is functionally 
blind
shall be entitled to Braille reading and writing 
instruction that is
sufficient to enable the student to 
communicate with the same level of
proficiency as other 
students of comparable ability. Instruction should be
provided 
to the extent that the student is physically and cognitively 
able
to use Braille. Braille instruction may be used in 
combination with other
special education services appropriate 
to the student's educational needs.
The assessment of each 
student who is functionally blind for the purpose of

developing the student's individualized education program 
shall include
documentation of the student's strengths and 
weaknesses in Braille skills.
Each person assisting in the 
development of the individualized education
program for a 
student who is functionally blind shall receive information

describing the benefits of Braille instruction. The 
individualized
education program for each student who is 
functionally blind shall
specify the appropriate learning 
medium or media based on the assessment
report.

 (d) To the maximum extent appropriate, the placement shall 
provide the
child with the opportunity to be educated with 
children who do not have a disability; provided that children 
with
disabilities who are recommended to be
placed into 
regular education classrooms are provided with supplementary

services to assist the children with disabilities to benefit

from the regular
classroom instruction and are included on the 
teacher's regular education class
register. Subject to the 
limitation of the preceding sentence, placement in
special 
classes, separate schools or other removal of the child with a 
disability
from the regular educational environment shall 
occur only when the nature of
the severity of the disability is 
such that education in the
regular classes with
the use of 
supplementary aids and services cannot be achieved 
satisfactorily.
The placement of English learners with 
disabilities shall
be in non-restrictive environments which 
provide for integration with
peers who do not have 
disabilities in bilingual classrooms. Annually, each January, 
school districts shall report data on students from 
non-English
speaking backgrounds receiving special education 
and related services in
public and private facilities as 
prescribed in Section 2-3.30. If there
is a disagreement 
between parties involved regarding the special education

placement of any child, either in-state or out-of-state, the 
placement is
subject to impartial due process procedures 
described in Article 10 of the
Rules and Regulations to Govern 
the Administration and Operation of Special
Education.

 (e) No child who comes from a home in which a language 
other than English
is the principal language used may be 
assigned to any class or program
under this Article until he 
has been given, in the principal language
used by the child and 
used in his home, tests reasonably related to his
cultural 
environment. All testing and evaluation materials and 
procedures
utilized for evaluation and placement shall not be 
linguistically, racially or
culturally discriminatory.

 (f) Nothing in this Article shall be construed to require 
any child to
undergo any physical examination or medical 
treatment whose parents object thereto on the grounds that 
such examination or
treatment conflicts with his religious 
beliefs.

 (g) School boards or their designee shall provide to the 
parents of a child prior written notice of any decision (a) 
proposing
to initiate or change, or (b) refusing to initiate 
or change, the
identification, evaluation, or educational 
placement of the child or the
provision of a free appropriate 
public education to their child, and the
reasons therefor. 
Such written notification shall also inform the
parent of the 
opportunity to present complaints with respect
to any matter 
relating to the educational placement of the student, or
the 
provision of a free appropriate public education and to have 
an
impartial due process hearing on the complaint. The notice 
shall inform
the parents in the parents' native language,

unless it is clearly not feasible to do so, of their rights and 
all
procedures available pursuant to this Act and the federal 
Individuals with Disabilities Education Improvement Act of 
2004 (Public Law 108-446); it
shall be the responsibility of 
the State Superintendent to develop
uniform notices setting 
forth the procedures available under this Act
and the federal 
Individuals with Disabilities Education Improvement Act of 
2004 (Public Law 108-446) to be used by all school boards. The 
notice
shall also inform the parents of the availability upon

request of a list of free or low-cost legal and other relevant 
services
available locally to assist parents in initiating an

impartial due process hearing. The State Superintendent shall 
revise the uniform notices required by this subsection (g) to 
reflect current law and procedures at least once every 2 
years. Any parent who is deaf, or
does not normally 
communicate using spoken English, who participates in
a 
meeting with a representative of a local educational agency 
for the
purposes of developing an individualized educational 
program shall be
entitled to the services of an interpreter. 
The State Board of Education must adopt rules to establish the 
criteria, standards, and competencies for a bilingual language 
interpreter who attends an individualized education program 
meeting under this subsection to assist a parent who has 
limited English proficiency. 

 (g-5) For purposes of this subsection (g-5), "qualified 
professional" means an individual who holds credentials to 
evaluate the child in the domain or domains for which an 
evaluation is sought or an intern working under the direct 
supervision of a qualified professional, including a master's 
or doctoral degree candidate.
 To ensure that a parent can participate fully and 
effectively with school personnel in the development of 
appropriate educational and related services for his or her 
child, the parent, an independent educational evaluator, or a 
qualified professional retained by or on behalf of a parent or 
child must be afforded reasonable access to educational 
facilities, personnel, classrooms, and buildings and to the 
child as provided in this subsection (g-5). The requirements 
of this subsection (g-5) apply to any public school facility, 
building, or program and to any facility, building, or program 
supported in whole or in part by public funds. Prior to 
visiting a school, school building, or school facility, the 
parent, independent educational evaluator, or qualified 
professional may be required by the school district to inform 
the building principal or supervisor in writing of the 
proposed visit, the purpose of the visit, and the approximate 
duration of the visit. The visitor and the school district 
shall arrange the visit or visits at times that are mutually 
agreeable. Visitors shall comply with school safety, security, 
and visitation policies at all times. School district 
visitation policies must not conflict with this subsection 
(g-5). Visitors shall be required to comply with the 
requirements of applicable privacy laws, including those laws 
protecting the confidentiality of education records such as 
the federal Family Educational Rights and Privacy Act and the 
Illinois School Student Records Act. The visitor shall not 
disrupt the educational process.
  (1) A parent must be afforded reasonable access of 
 sufficient duration and scope for the purpose of observing 
 his or her child in the child's current educational 
 placement, services, or program or for the purpose of 
 visiting an educational placement or program proposed for 
 the child.
  (2) An independent educational evaluator or a 
 qualified professional retained by or on behalf of a 
 parent or child must be afforded reasonable access of 
 sufficient duration and scope for the purpose of 
 conducting an evaluation of the child, the child's 
 performance, the child's current educational program, 
 placement, services, or environment, or any educational 
 program, placement, services, or environment proposed for 
 the child, including interviews of educational personnel, 
 child observations, assessments, tests or assessments of 
 the child's educational program, services, or placement or 
 of any proposed educational program, services, or 
 placement. If one or more interviews of school personnel 
 are part of the evaluation, the interviews must be 
 conducted at a mutually agreed upon time, date, and place 
 that do not interfere with the school employee's school 
 duties. The school district may limit interviews to 
 personnel having information relevant to the child's 
 current educational services, program, or placement or to 
 a proposed educational service, program, or placement.

(Source: P.A. 101-124, eff. 1-1-20; 102-264, eff. 8-6-21; 
102-558, eff. 8-20-21.)

 (Text of Section after amendment by P.A. 102-199)

 Sec. 14-8.02. Identification, evaluation, and placement of 
children. 

 (a) The State Board of Education shall make rules under 
which local school
boards shall determine the eligibility of 
children to receive special
education. Such rules shall ensure 
that a free appropriate public
education be available to all 
children with disabilities as
defined in
Section 14-1.02. The 
State Board of Education shall require local school
districts 
to administer non-discriminatory procedures or tests to

English learners coming from homes in which a language
other 
than English is used to determine their eligibility to receive 
special
education. The placement of low English proficiency 
students in special
education programs and facilities shall be 
made in accordance with the test
results reflecting the 
student's linguistic, cultural and special education
needs. 
For purposes of determining the eligibility of children the 
State
Board of Education shall include in the rules 
definitions of "case study",
"staff conference", 
"individualized educational program", and "qualified

specialist" appropriate to each category of children with

disabilities as defined in
this Article. For purposes of 
determining the eligibility of children from
homes in which a 
language other than English is used, the State Board of

Education shall include in the rules
definitions for 
"qualified bilingual specialists" and "linguistically and

culturally appropriate individualized educational programs". 
For purposes of this
Section, as well as Sections 14-8.02a, 
14-8.02b, and 14-8.02c of this Code,
"parent" means a parent 
as defined in the federal Individuals with Disabilities 
Education Act (20 U.S.C. 1401(23)). 

 (b) No child shall be eligible for special education 
facilities except
with a carefully completed case study fully 
reviewed by professional
personnel in a multidisciplinary 
staff conference and only upon the
recommendation of qualified 
specialists or a qualified bilingual specialist, if
available. 
At the conclusion of the multidisciplinary staff conference, 
the
parent of the child and, if the child is in the legal 
custody of the Department of Children and Family Services, the 
Department's Office of Education and Transition Services shall 
be given a copy of the multidisciplinary
conference summary 
report and recommendations, which includes options
considered, 
and, in the case of the parent, be informed of his or her right 
to obtain an independent educational
evaluation if he or she 
disagrees with the evaluation findings conducted or obtained

by the school district. If the school district's evaluation is 
shown to be
inappropriate, the school district shall reimburse 
the parent for the cost of
the independent evaluation. The 
State Board of Education shall, with advice
from the State 
Advisory Council on Education of Children with
Disabilities on 
the
inclusion of specific independent educational evaluators, 
prepare a list of
suggested independent educational 
evaluators. The State Board of Education
shall include on the 
list clinical psychologists licensed pursuant to the
Clinical 
Psychologist Licensing Act. Such psychologists shall not be 
paid fees
in excess of the amount that would be received by a 
school psychologist for
performing the same services. The 
State Board of Education shall supply school
districts with 
such list and make the list available to parents at their

request. School districts shall make the list available to 
parents at the time
they are informed of their right to obtain 
an independent educational
evaluation. However, the school 
district may initiate an impartial
due process hearing under 
this Section within 5 days of any written parent
request for an 
independent educational evaluation to show that
its evaluation 
is appropriate. If the final decision is that the evaluation

is appropriate, the parent still has a right to an independent 
educational
evaluation, but not at public expense. An 
independent educational
evaluation at public expense must be 
completed within 30 days of a parent
written request unless 
the school district initiates an
impartial due process hearing 
or the parent or school district
offers reasonable grounds to 
show that such 30-day time period should be
extended. If the 
due process hearing decision indicates that the parent is 
entitled to an independent educational evaluation, it must be

completed within 30 days of the decision unless the parent or

the school district offers reasonable grounds to show that 
such 30-day
period should be extended. If a parent disagrees 
with the summary report or
recommendations of the 
multidisciplinary conference or the findings of any

educational evaluation which results therefrom, the school

district shall not proceed with a placement based upon such 
evaluation and
the child shall remain in his or her regular 
classroom setting.
No child shall be eligible for admission to 
a
special class for children with a mental disability who are 
educable or for children with a mental disability who are 
trainable except with a psychological evaluation
and

recommendation by a school psychologist. Consent shall be 
obtained from
the parent of a child before any evaluation is 
conducted.
If consent is not given by the parent or if the 
parent disagrees with the findings of the evaluation, then the 
school
district may initiate an impartial due process hearing 
under this Section.
The school district may evaluate the child 
if that is the decision
resulting from the impartial due 
process hearing and the decision is not
appealed or if the 
decision is affirmed on appeal.
The determination of 
eligibility shall be made and the IEP meeting shall be 
completed within 60 school days
from the date of written 
parental consent. In those instances when written parental 
consent is obtained with fewer than 60 pupil attendance days 
left in the school year,
the eligibility determination shall 
be made and the IEP meeting shall be completed prior to the 
first day of the
following school year. Special education and 
related services must be provided in accordance with the 
student's IEP no later than 10 school attendance days after 
notice is provided to the parents pursuant to Section 300.503 
of Title 34 of the Code of Federal Regulations and 
implementing rules adopted by the State Board of Education. 
The appropriate
program pursuant to the individualized 
educational program of students
whose native tongue is a 
language other than English shall reflect the
special 
education, cultural and linguistic needs. No later than 
September
1, 1993, the State Board of Education shall 
establish standards for the
development, implementation and 
monitoring of appropriate bilingual special
individualized 
educational programs. The State Board of Education shall

further incorporate appropriate monitoring procedures to 
verify implementation
of these standards. The district shall 
indicate to the parent, the State Board of Education, and, if 
applicable, the Department's Office of Education and 
Transition Services the nature of the services the child will 
receive
for the regular school term while awaiting waiting 
placement in the appropriate special
education class. At the 
child's initial IEP meeting and at each annual review meeting, 
the child's IEP team shall provide the child's parent or 
guardian and, if applicable, the Department's Office of 
Education and Transition Services with a written notification 
that informs the parent or guardian or the Department's Office 
of Education and Transition Services that the IEP team is 
required to consider whether the child requires assistive 
technology in order to receive free, appropriate public 
education. The notification must also include a toll-free 
telephone number and internet address for the State's 
assistive technology program. 

 If the child is deaf, hard of hearing, blind, or visually 
impaired or has an orthopedic impairment or physical 
disability and
he or she might be eligible to receive services 
from the Illinois School for
the Deaf, the Illinois School for 
the Visually Impaired, or the Illinois Center for 
Rehabilitation and Education-Roosevelt, the school
district 
shall notify the parents, in writing, of the existence of

these schools
and the services
they provide and shall make a 
reasonable effort to inform the parents of the existence of 
other, local schools that provide similar services and the 
services that these other schools provide. This notification

shall
include without limitation information on school 
services, school
admissions criteria, and school contact 
information.

 In the development of the individualized education program 
for a student who has a disability on the autism spectrum 
(which includes autistic disorder, Asperger's disorder, 
pervasive developmental disorder not otherwise specified, 
childhood disintegrative disorder, and Rett Syndrome, as 
defined in the Diagnostic and Statistical Manual of Mental 
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall 
consider all of the following factors:
  (1) The verbal and nonverbal communication needs of 
 the child.
  (2) The need to develop social interaction skills and 
 proficiencies.
  (3) The needs resulting from the child's unusual 
 responses to sensory experiences.
  (4) The needs resulting from resistance to 
 environmental change or change in daily routines.
  (5) The needs resulting from engagement in repetitive 
 activities and stereotyped movements.
  (6) The need for any positive behavioral 
 interventions, strategies, and supports to address any 
 behavioral difficulties resulting from autism spectrum 
 disorder.
  (7) Other needs resulting from the child's disability 
 that impact progress in the general curriculum, including 
 social and emotional development.
Public Act 95-257
does not create any new entitlement to a 
service, program, or benefit, but must not affect any 
entitlement to a service, program, or benefit created by any 
other law.

 If the student may be eligible to participate in the 
Home-Based Support
Services Program for Adults with Mental 
Disabilities authorized under the
Developmental Disability and 
Mental Disability Services Act upon becoming an
adult, the 
student's individualized education program shall include plans 
for
(i) determining the student's eligibility for those 
home-based services, (ii)
enrolling the student in the program 
of home-based services, and (iii)
developing a plan for the 
student's most effective use of the home-based
services after 
the student becomes an adult and no longer receives special

educational services under this Article. The plans developed 
under this
paragraph shall include specific actions to be 
taken by specified individuals,
agencies, or officials.

 (c) In the development of the individualized education 
program for a
student who is functionally blind, it shall be 
presumed that proficiency in
Braille reading and writing is 
essential for the student's satisfactory
educational progress. 
For purposes of this subsection, the State Board of
Education 
shall determine the criteria for a student to be classified as

functionally blind. Students who are not currently identified 
as
functionally blind who are also entitled to Braille 
instruction include:
(i) those whose vision loss is so severe 
that they are unable to read and
write at a level comparable to 
their peers solely through the use of
vision, and (ii) those 
who show evidence of progressive vision loss that
may result 
in functional blindness. Each student who is functionally 
blind
shall be entitled to Braille reading and writing 
instruction that is
sufficient to enable the student to 
communicate with the same level of
proficiency as other 
students of comparable ability. Instruction should be
provided 
to the extent that the student is physically and cognitively 
able
to use Braille. Braille instruction may be used in 
combination with other
special education services appropriate 
to the student's educational needs.
The assessment of each 
student who is functionally blind for the purpose of

developing the student's individualized education program 
shall include
documentation of the student's strengths and 
weaknesses in Braille skills.
Each person assisting in the 
development of the individualized education
program for a 
student who is functionally blind shall receive information

describing the benefits of Braille instruction. The 
individualized
education program for each student who is 
functionally blind shall
specify the appropriate learning 
medium or media based on the assessment
report.

 (d) To the maximum extent appropriate, the placement shall 
provide the
child with the opportunity to be educated with 
children who do not have a disability; provided that children 
with
disabilities who are recommended to be
placed into 
regular education classrooms are provided with supplementary

services to assist the children with disabilities to benefit

from the regular
classroom instruction and are included on the 
teacher's regular education class
register. Subject to the 
limitation of the preceding sentence, placement in
special 
classes, separate schools or other removal of the child with a 
disability
from the regular educational environment shall 
occur only when the nature of
the severity of the disability is 
such that education in the
regular classes with
the use of 
supplementary aids and services cannot be achieved 
satisfactorily.
The placement of English learners with 
disabilities shall
be in non-restrictive environments which 
provide for integration with
peers who do not have 
disabilities in bilingual classrooms. Annually, each January, 
school districts shall report data on students from 
non-English
speaking backgrounds receiving special education 
and related services in
public and private facilities as 
prescribed in Section 2-3.30. If there
is a disagreement 
between parties involved regarding the special education

placement of any child, either in-state or out-of-state, the 
placement is
subject to impartial due process procedures 
described in Article 10 of the
Rules and Regulations to Govern 
the Administration and Operation of Special
Education.

 (e) No child who comes from a home in which a language 
other than English
is the principal language used may be 
assigned to any class or program
under this Article until he 
has been given, in the principal language
used by the child and 
used in his home, tests reasonably related to his
cultural 
environment. All testing and evaluation materials and 
procedures
utilized for evaluation and placement shall not be 
linguistically, racially or
culturally discriminatory.

 (f) Nothing in this Article shall be construed to require 
any child to
undergo any physical examination or medical 
treatment whose parents object thereto on the grounds that 
such examination or
treatment conflicts with his religious 
beliefs.

 (g) School boards or their designee shall provide to the 
parents of a child or, if applicable, the Department of 
Children and Family Services' Office of Education and 
Transition Services prior written notice of any decision (a) 
proposing
to initiate or change, or (b) refusing to initiate 
or change, the
identification, evaluation, or educational 
placement of the child or the
provision of a free appropriate 
public education to their child, and the
reasons therefor. For 
a parent, such written notification shall also inform the

parent of the opportunity to present complaints with respect

to any matter relating to the educational placement of the 
student, or
the provision of a free appropriate public 
education and to have an
impartial due process hearing on the 
complaint. The notice shall inform
the parents in the parents' 
native language,
unless it is clearly not feasible to do so, of 
their rights and all
procedures available pursuant to this Act 
and the federal Individuals with Disabilities Education 
Improvement Act of 2004 (Public Law 108-446); it
shall be the 
responsibility of the State Superintendent to develop
uniform 
notices setting forth the procedures available under this Act

and the federal Individuals with Disabilities Education 
Improvement Act of 2004 (Public Law 108-446) to be used by all 
school boards. The notice
shall also inform the parents of the 
availability upon
request of a list of free or low-cost legal 
and other relevant services
available locally to assist 
parents in initiating an
impartial due process hearing. The 
State Superintendent shall revise the uniform notices required 
by this subsection (g) to reflect current law and procedures 
at least once every 2 years. Any parent who is deaf, or
does 
not normally communicate using spoken English, who 
participates in
a meeting with a representative of a local 
educational agency for the
purposes of developing an 
individualized educational program shall be
entitled to the 
services of an interpreter. The State Board of Education must 
adopt rules to establish the criteria, standards, and 
competencies for a bilingual language interpreter who attends 
an individualized education program meeting under this 
subsection to assist a parent who has limited English 
proficiency. 

 (g-5) For purposes of this subsection (g-5), "qualified 
professional" means an individual who holds credentials to 
evaluate the child in the domain or domains for which an 
evaluation is sought or an intern working under the direct 
supervision of a qualified professional, including a master's 
or doctoral degree candidate.
 To ensure that a parent can participate fully and 
effectively with school personnel in the development of 
appropriate educational and related services for his or her 
child, the parent, an independent educational evaluator, or a 
qualified professional retained by or on behalf of a parent or 
child must be afforded reasonable access to educational 
facilities, personnel, classrooms, and buildings and to the 
child as provided in this subsection (g-5). The requirements 
of this subsection (g-5) apply to any public school facility, 
building, or program and to any facility, building, or program 
supported in whole or in part by public funds. Prior to 
visiting a school, school building, or school facility, the 
parent, independent educational evaluator, or qualified 
professional may be required by the school district to inform 
the building principal or supervisor in writing of the 
proposed visit, the purpose of the visit, and the approximate 
duration of the visit. The visitor and the school district 
shall arrange the visit or visits at times that are mutually 
agreeable. Visitors shall comply with school safety, security, 
and visitation policies at all times. School district 
visitation policies must not conflict with this subsection 
(g-5). Visitors shall be required to comply with the 
requirements of applicable privacy laws, including those laws 
protecting the confidentiality of education records such as 
the federal Family Educational Rights and Privacy Act and the 
Illinois School Student Records Act. The visitor shall not 
disrupt the educational process.
  (1) A parent must be afforded reasonable access of 
 sufficient duration and scope for the purpose of observing 
 his or her child in the child's current educational 
 placement, services, or program or for the purpose of 
 visiting an educational placement or program proposed for 
 the child.
  (2) An independent educational evaluator or a 
 qualified professional retained by or on behalf of a 
 parent or child must be afforded reasonable access of 
 sufficient duration and scope for the purpose of 
 conducting an evaluation of the child, the child's 
 performance, the child's current educational program, 
 placement, services, or environment, or any educational 
 program, placement, services, or environment proposed for 
 the child, including interviews of educational personnel, 
 child observations, assessments, tests or assessments of 
 the child's educational program, services, or placement or 
 of any proposed educational program, services, or 
 placement. If one or more interviews of school personnel 
 are part of the evaluation, the interviews must be 
 conducted at a mutually agreed upon time, date, and place 
 that do not interfere with the school employee's school 
 duties. The school district may limit interviews to 
 personnel having information relevant to the child's 
 current educational services, program, or placement or to 
 a proposed educational service, program, or placement.

(Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22; 
102-264, eff. 8-6-21; 102-558, eff. 8-20-21; revised 
10-14-21.)

 (105 ILCS 5/14-17)
 (Section scheduled to be repealed on December 31, 2022)
 Sec. 14-17. High-Cost Special Education Funding 
Commission.
 (a) The High-Cost Special Education Funding Commission is 
created for the purpose of making recommendations to the 
Governor and the General Assembly for an alternative funding 
structure in this State for high-cost special education 
students that is aligned to the principles of the 
evidence-based funding formula in Section 18-8.15 in which 
school districts furthest away from adequacy receive the 
greatest amount of funding.
 (b) The Commission shall consist of all of the following 
members:
  (1) One representative appointed by the Speaker of the 
 House of Representatives, who shall serve as 
 co-chairperson.
  (2) One representative appointed by the Minority 
 Leader of the House of Representatives.
  (3) One senator appointed by the President of the 
 Senate, who shall serve as co-chairperson.
  (4) One senator appointed by the Minority Leader of 
 the Senate.
  (5) The State Superintendent of Education or a 
 designee.
  (6) The Director of the Governor's Office of 
 Management and Budget or a designee.
  (7) The Chairperson of the Advisory Council on the 
 Education of Children with Disabilities or a designee. 
 Additionally, within 60 days after July 23, 2021 (the 
effective date of Public Act 102-150) this amendatory Act of 
the 102nd General Assembly, the State Superintendent of 
Education shall appoint all of the following individuals to 
the Commission:
  (A) One representative of a statewide association that 
 represents private special education schools.
  (B) One representative of a statewide association that 
 represents special education cooperatives.
  (C) One educator from a special education cooperative, 
 recommended by a statewide association that represents 
 teachers.
  (D) One educator from a special education cooperative 
 that is not a member district of a special education 
 cooperative, recommended by a different statewide 
 association that represents teachers.
  (E) One educator or administrator from a nonpublic 
 special education school.
  (F) One representative of a statewide association that 
 represents school administrators.
  (G) One representative of a statewide association
that 
 represents school business officials.
  (H) One representative of a statewide association that 
 represents private special education schools in rural 
 school districts. 
  (I) One representative from a residential program. 
 Members appointed to the Commission must reflect the 
racial, ethnic, and geographic diversity of this State.
 (c) Members of the Commission shall serve without 
compensation, but may be reimbursed for their reasonable and 
necessary expenses from funds appropriated to the State Board 
of Education for that purpose.
 (d) The State Board of Education shall provide 
administrative support to the Commission.
 (e) To ensure that high-quality services are provided to 
ensure equitable outcomes for high-cost special education 
students, the Commission shall do all the following:
  (1) Review the current system of funding high-cost 
 special education students in this State.
  (2) Review the needs of high-cost special education 
 students in this State and the associated costs to ensure 
 high-quality services are provided to these students.
  (3) Review how other states fund high-cost special 
 education students.
  (4) If available, review other proposals and best 
 practices for funding high-cost special education 
 students. 
 (f) On or before November 30, 2021, the Commission shall 
report its recommendations to the Governor and the General 
Assembly.
 (g) This Section is repealed on December 31, 2022. 

(Source: P.A. 102-150, eff. 7-23-21; revised 11-9-21.)



 (105 ILCS 5/14-18)


 Sec. 14-18 14-17. COVID-19 recovery post-secondary 
transition recovery eligibility.
 (a) If a student with an individualized education program 
(IEP) reaches the age of 22 during the time in which the 
student's in-person instruction, services, or activities are 
suspended for a period of 3 months or more during the school 
year as a result of the COVID-19 pandemic, the student is 
eligible for such services up to the end of the regular 
2021-2022 school year.
 (b) This Section does not apply to any student who is no 
longer a resident of the school district that was responsible 
for the student's IEP at the time the student reached the 
student's 22nd birthday.
 (c) The IEP goals in effect when the student reached the 
student's 22nd birthday shall be resumed unless there is an 
agreement that the goals should be revised to appropriately 
meet the student's current transition needs.
 (d) If a student was in a private therapeutic day or 
residential program when the student reached the student's 
22nd birthday, the school district is not required to resume 
that program for the student if the student has aged out of the 
program or the funding for supporting the student's placement 
in the facility is no longer available.
 (e) Within 30 days after July 28, 2021 (the effective date 
of Public Act 102-173) this amendatory Act of the 102nd 
General Assembly, each school district shall provide 
notification of the availability of services under this 
Section to each student covered by this Section by regular 
mail sent to the last known address of the student or the 
student's parent or guardian.

(Source: P.A. 102-173, eff. 7-28-21; revised 11-9-21.)


 (105 ILCS 5/18-8.15)
 Sec. 18-8.15. Evidence-Based Funding for student success 
for the 2017-2018 and subsequent school years. 
 (a) General provisions. 
  (1) The purpose of this Section is to ensure that, by 
 June 30, 2027 and beyond, this State has a kindergarten 
 through grade 12 public education system with the capacity 
 to ensure the educational development of all persons to 
 the limits of their capacities in accordance with Section 
 1 of Article X of the Constitution of the State of 
 Illinois. To accomplish that objective, this Section 
 creates a method of funding public education that is 
 evidence-based; is sufficient to ensure every student 
 receives a meaningful opportunity to learn irrespective of 
 race, ethnicity, sexual orientation, gender, or 
 community-income level; and is sustainable and 
 predictable. When fully funded under this Section, every 
 school shall have the resources, based on what the 
 evidence indicates is needed, to: 
   (A) provide all students with a high quality 
 education that offers the academic, enrichment, social 
 and emotional support, technical, and career-focused 
 programs that will allow them to become competitive 
 workers, responsible parents, productive citizens of 
 this State, and active members of our national 
 democracy;
   (B) ensure all students receive the education they 
 need to graduate from high school with the skills 
 required to pursue post-secondary education and 
 training for a rewarding career;
   (C) reduce, with a goal of eliminating, the 
 achievement gap between at-risk and non-at-risk 
 students by raising the performance of at-risk 
 students and not by reducing standards; and
   (D) ensure this State satisfies its obligation to 
 assume the primary responsibility to fund public 
 education and simultaneously relieve the 
 disproportionate burden placed on local property taxes 
 to fund schools. 
  (2) The Evidence-Based Funding formula under this 
 Section shall be applied to all Organizational Units in 
 this State. The Evidence-Based Funding formula outlined in 
 this Act is based on the formula outlined in Senate Bill 1 
 of the 100th General Assembly, as passed by both 
 legislative chambers. As further defined and described in 
 this Section, there are 4 major components of the 
 Evidence-Based Funding model: 
   (A) First, the model calculates a unique Adequacy 
 Target for each Organizational Unit in this State that 
 considers the costs to implement research-based 
 activities, the unit's student demographics, and 
 regional wage differences.
   (B) Second, the model calculates each 
 Organizational Unit's Local Capacity, or the amount 
 each Organizational Unit is assumed to contribute 
 toward its Adequacy Target from local resources.
   (C) Third, the model calculates how much funding 
 the State currently contributes to the Organizational 
 Unit and adds that to the unit's Local Capacity to 
 determine the unit's overall current adequacy of 
 funding.
   (D) Finally, the model's distribution method 
 allocates new State funding to those Organizational 
 Units that are least well-funded, considering both 
 Local Capacity and State funding, in relation to their 
 Adequacy Target. 
  (3) An Organizational Unit receiving any funding under 
 this Section may apply those funds to any fund so received 
 for which that Organizational Unit is authorized to make 
 expenditures by law.
  (4) As used in this Section, the following terms shall 
 have the meanings ascribed in this paragraph (4): 
  "Adequacy Target" is defined in paragraph (1) of 
 subsection (b) of this Section.
  "Adjusted EAV" is defined in paragraph (4) of 
 subsection (d) of this Section. 
  "Adjusted Local Capacity Target" is defined in 
 paragraph (3) of subsection (c) of this Section.
  "Adjusted Operating Tax Rate" means a tax rate for all 
 Organizational Units, for which the State Superintendent 
 shall calculate and subtract for the Operating Tax Rate a 
 transportation rate based on total expenses for 
 transportation services under this Code, as reported on 
 the most recent Annual Financial Report in Pupil 
 Transportation Services, function 2550 in both the 
 Education and Transportation funds and functions 4110 and 
 4120 in the Transportation fund, less any corresponding 
 fiscal year State of Illinois scheduled payments excluding 
 net adjustments for prior years for regular, vocational, 
 or special education transportation reimbursement pursuant 
 to Section 29-5 or subsection (b) of Section 14-13.01 of 
 this Code divided by the Adjusted EAV. If an 
 Organizational Unit's corresponding fiscal year State of 
 Illinois scheduled payments excluding net adjustments for 
 prior years for regular, vocational, or special education 
 transportation reimbursement pursuant to Section 29-5 or 
 subsection (b) of Section 14-13.01 of this Code exceed the 
 total transportation expenses, as defined in this 
 paragraph, no transportation rate shall be subtracted from 
 the Operating Tax Rate. 
  "Allocation Rate" is defined in paragraph (3) of 
 subsection (g) of this Section.
  "Alternative School" means a public school that is 
 created and operated by a regional superintendent of 
 schools and approved by the State Board.
  "Applicable Tax Rate" is defined in paragraph (1) of 
 subsection (d) of this Section.
  "Assessment" means any of those benchmark, progress 
 monitoring, formative, diagnostic, and other assessments, 
 in addition to the State accountability assessment, that 
 assist teachers' needs in understanding the skills and 
 meeting the needs of the students they serve.
  "Assistant principal" means a school administrator 
 duly endorsed to be employed as an assistant principal in 
 this State.
  "At-risk student" means a student who is at risk of 
 not meeting the Illinois Learning Standards or not 
 graduating from elementary or high school and who 
 demonstrates a need for vocational support or social 
 services beyond that provided by the regular school 
 program. All students included in an Organizational Unit's 
 Low-Income Count, as well as all English learner and 
 disabled students attending the Organizational Unit, shall 
 be considered at-risk students under this Section.
  "Average Student Enrollment" or "ASE" for fiscal year 
 2018 means, for an Organizational Unit, the greater of the 
 average number of students (grades K through 12) reported 
 to the State Board as enrolled in the Organizational Unit 
 on October 1 in the immediately preceding school year, 
 plus the pre-kindergarten students who receive special 
 education services of 2 or more hours a day as reported to 
 the State Board on December 1 in the immediately preceding 
 school year, or the average number of students (grades K 
 through 12) reported to the State Board as enrolled in the 
 Organizational Unit on October 1, plus the 
 pre-kindergarten students who receive special education 
 services of 2 or more hours a day as reported to the State 
 Board on December 1, for each of the immediately preceding 
 3 school years. For fiscal year 2019 and each subsequent 
 fiscal year, "Average Student Enrollment" or "ASE" means, 
 for an Organizational Unit, the greater of the average 
 number of students (grades K through 12) reported to the 
 State Board as enrolled in the Organizational Unit on 
 October 1 and March 1 in the immediately preceding school 
 year, plus the pre-kindergarten students who receive 
 special education services as reported to the State Board 
 on October 1 and March 1 in the immediately preceding 
 school year, or the average number of students (grades K 
 through 12) reported to the State Board as enrolled in the 
 Organizational Unit on October 1 and March 1, plus the 
 pre-kindergarten students who receive special education 
 services as reported to the State Board on October 1 and 
 March 1, for each of the immediately preceding 3 school 
 years. For the purposes of this definition, "enrolled in 
 the Organizational Unit" means the number of students 
 reported to the State Board who are enrolled in schools 
 within the Organizational Unit that the student attends or 
 would attend if not placed or transferred to another 
 school or program to receive needed services. For the 
 purposes of calculating "ASE", all students, grades K 
 through 12, excluding those attending kindergarten for a 
 half day and students attending an alternative education 
 program operated by a regional office of education or 
 intermediate service center, shall be counted as 1.0. All 
 students attending kindergarten for a half day shall be 
 counted as 0.5, unless in 2017 by June 15 or by March 1 in 
 subsequent years, the school district reports to the State 
 Board of Education the intent to implement full-day 
 kindergarten district-wide for all students, then all 
 students attending kindergarten shall be counted as 1.0. 
 Special education pre-kindergarten students shall be 
 counted as 0.5 each. If the State Board does not collect or 
 has not collected both an October 1 and March 1 enrollment 
 count by grade or a December 1 collection of special 
 education pre-kindergarten students as of August 31, 2017 
 (the effective date of Public Act 100-465), it shall 
 establish such collection for all future years. For any 
 year in which a count by grade level was collected only 
 once, that count shall be used as the single count 
 available for computing a 3-year average ASE. Funding for 
 programs operated by a regional office of education or an 
 intermediate service center must be calculated using the 
 Evidence-Based Funding formula under this Section for the 
 2019-2020 school year and each subsequent school year 
 until separate adequacy formulas are developed and adopted 
 for each type of program. ASE for a program operated by a 
 regional office of education or an intermediate service 
 center must be determined by the March 1 enrollment for 
 the program. For the 2019-2020 school year, the ASE used 
 in the calculation must be the first-year ASE and, in that 
 year only, the assignment of students served by a regional 
 office of education or intermediate service center shall 
 not result in a reduction of the March enrollment for any 
 school district. For the 2020-2021 school year, the ASE 
 must be the greater of the current-year ASE or the 2-year 
 average ASE. Beginning with the 2021-2022 school year, the 
 ASE must be the greater of the current-year ASE or the 
 3-year average ASE. School districts shall submit the data 
 for the ASE calculation to the State Board within 45 days 
 of the dates required in this Section for submission of 
 enrollment data in order for it to be included in the ASE 
 calculation. For fiscal year 2018 only, the ASE 
 calculation shall include only enrollment taken on October 
 1. In recognition of the impact of COVID-19, the 
 definition of "Average Student Enrollment" or "ASE" shall 
 be adjusted for calculations under this Section for fiscal 
 years 2022 through 2024. For fiscal years 2022 through 
 2024, the enrollment used in the calculation of ASE 
 representing the 2020-2021 school year shall be the 
 greater of the enrollment for the 2020-2021 school year or 
 the 2019-2020 school year.
  "Base Funding Guarantee" is defined in paragraph (10) 
 of subsection (g) of this Section. 
  "Base Funding Minimum" is defined in subsection (e) of 
 this Section.
  "Base Tax Year" means the property tax levy year used 
 to calculate the Budget Year allocation of primary State 
 aid.
  "Base Tax Year's Extension" means the product of the 
 equalized assessed valuation utilized by the county clerk 
 in the Base Tax Year multiplied by the limiting rate as 
 calculated by the county clerk and defined in PTELL.
  "Bilingual Education Allocation" means the amount of 
 an Organizational Unit's final Adequacy Target 
 attributable to bilingual education divided by the 
 Organizational Unit's final Adequacy Target, the product 
 of which shall be multiplied by the amount of new funding 
 received pursuant to this Section. An Organizational 
 Unit's final Adequacy Target attributable to bilingual 
 education shall include all additional investments in 
 English learner students' adequacy elements.
  "Budget Year" means the school year for which primary 
 State aid is calculated and awarded under this Section. 
  "Central office" means individual administrators and 
 support service personnel charged with managing the 
 instructional programs, business and operations, and 
 security of the Organizational Unit.
  "Comparable Wage Index" or "CWI" means a regional cost 
 differentiation metric that measures systemic, regional 
 variations in the salaries of college graduates who are 
 not educators. The CWI utilized for this Section shall, 
 for the first 3 years of Evidence-Based Funding 
 implementation, be the CWI initially developed by the 
 National Center for Education Statistics, as most recently 
 updated by Texas A & M University. In the fourth and 
 subsequent years of Evidence-Based Funding implementation, 
 the State Superintendent shall re-determine the CWI using 
 a similar methodology to that identified in the Texas A & M 
 University study, with adjustments made no less frequently 
 than once every 5 years.
  "Computer technology and equipment" means computers 
 servers, notebooks, network equipment, copiers, printers, 
 instructional software, security software, curriculum 
 management courseware, and other similar materials and 
 equipment. 
  "Computer technology and equipment investment 
 allocation" means the final Adequacy Target amount of an 
 Organizational Unit assigned to Tier 1 or Tier 2 in the 
 prior school year attributable to the additional $285.50 
 per student computer technology and equipment investment 
 grant divided by the Organizational Unit's final Adequacy 
 Target, the result of which shall be multiplied by the 
 amount of new funding received pursuant to this Section. 
 An Organizational Unit assigned to a Tier 1 or Tier 2 final 
 Adequacy Target attributable to the received computer 
 technology and equipment investment grant shall include 
 all additional investments in computer technology and 
 equipment adequacy elements. 
  "Core subject" means mathematics; science; reading, 
 English, writing, and language arts; history and social 
 studies; world languages; and subjects taught as Advanced 
 Placement in high schools.
  "Core teacher" means a regular classroom teacher in 
 elementary schools and teachers of a core subject in 
 middle and high schools.
  "Core Intervention teacher (tutor)" means a licensed 
 teacher providing one-on-one or small group tutoring to 
 students struggling to meet proficiency in core subjects.
  "CPPRT" means corporate personal property replacement 
 tax funds paid to an Organizational Unit during the 
 calendar year one year before the calendar year in which a 
 school year begins, pursuant to "An Act in relation to the 
 abolition of ad valorem personal property tax and the 
 replacement of revenues lost thereby, and amending and 
 repealing certain Acts and parts of Acts in connection 
 therewith", certified August 14, 1979, as amended (Public 
 Act 81-1st S.S.-1).
  "EAV" means equalized assessed valuation as defined in 
 paragraph (2) of subsection (d) of this Section and 
 calculated in accordance with paragraph (3) of subsection 
 (d) of this Section.
  "ECI" means the Bureau of Labor Statistics' national 
 employment cost index for civilian workers in educational 
 services in elementary and secondary schools on a 
 cumulative basis for the 12-month calendar year preceding 
 the fiscal year of the Evidence-Based Funding calculation.
  "EIS Data" means the employment information system 
 data maintained by the State Board on educators within 
 Organizational Units.
  "Employee benefits" means health, dental, and vision 
 insurance offered to employees of an Organizational Unit, 
 the costs associated with the statutorily required payment 
 of the normal cost of the Organizational Unit's teacher 
 pensions, Social Security employer contributions, and 
 Illinois Municipal Retirement Fund employer contributions.
  "English learner" or "EL" means a child included in 
 the definition of "English learners" under Section 14C-2 
 of this Code participating in a program of transitional 
 bilingual education or a transitional program of 
 instruction meeting the requirements and program 
 application procedures of Article 14C of this Code. For 
 the purposes of collecting the number of EL students 
 enrolled, the same collection and calculation methodology 
 as defined above for "ASE" shall apply to English 
 learners, with the exception that EL student enrollment 
 shall include students in grades pre-kindergarten through 
 12.
  "Essential Elements" means those elements, resources, 
 and educational programs that have been identified through 
 academic research as necessary to improve student success, 
 improve academic performance, close achievement gaps, and 
 provide for other per student costs related to the 
 delivery and leadership of the Organizational Unit, as 
 well as the maintenance and operations of the unit, and 
 which are specified in paragraph (2) of subsection (b) of 
 this Section.
  "Evidence-Based Funding" means State funding provided 
 to an Organizational Unit pursuant to this Section.
  "Extended day" means academic and enrichment programs 
 provided to students outside the regular school day before 
 and after school or during non-instructional times during 
 the school day.
  "Extension Limitation Ratio" means a numerical ratio 
 in which the numerator is the Base Tax Year's Extension 
 and the denominator is the Preceding Tax Year's Extension.
  "Final Percent of Adequacy" is defined in paragraph 
 (4) of subsection (f) of this Section.
  "Final Resources" is defined in paragraph (3) of 
 subsection (f) of this Section.
  "Full-time equivalent" or "FTE" means the full-time 
 equivalency compensation for staffing the relevant 
 position at an Organizational Unit.
  "Funding Gap" is defined in paragraph (1) of 
 subsection (g).
  "Hybrid District" means a partial elementary unit 
 district created pursuant to Article 11E of this Code.
  "Instructional assistant" means a core or special 
 education, non-licensed employee who assists a teacher in 
 the classroom and provides academic support to students. 
  "Instructional facilitator" means a qualified teacher 
 or licensed teacher leader who facilitates and coaches 
 continuous improvement in classroom instruction; provides 
 instructional support to teachers in the elements of 
 research-based instruction or demonstrates the alignment 
 of instruction with curriculum standards and assessment 
 tools; develops or coordinates instructional programs or 
 strategies; develops and implements training; chooses 
 standards-based instructional materials; provides 
 teachers with an understanding of current research; serves 
 as a mentor, site coach, curriculum specialist, or lead 
 teacher; or otherwise works with fellow teachers, in 
 collaboration, to use data to improve instructional 
 practice or develop model lessons.
  "Instructional materials" means relevant 
 instructional materials for student instruction, 
 including, but not limited to, textbooks, consumable 
 workbooks, laboratory equipment, library books, and other 
 similar materials.
  "Laboratory School" means a public school that is 
 created and operated by a public university and approved 
 by the State Board.
  "Librarian" means a teacher with an endorsement as a 
 library information specialist or another individual whose 
 primary responsibility is overseeing library resources 
 within an Organizational Unit.
  "Limiting rate for Hybrid Districts" means the 
 combined elementary school and high school limiting rates. 
  "Local Capacity" is defined in paragraph (1) of 
 subsection (c) of this Section.
  "Local Capacity Percentage" is defined in subparagraph 
 (A) of paragraph (2) of subsection (c) of this Section.
  "Local Capacity Ratio" is defined in subparagraph (B) 
 of paragraph (2) of subsection (c) of this Section.
  "Local Capacity Target" is defined in paragraph (2) of 
 subsection (c) of this Section.
  "Low-Income Count" means, for an Organizational Unit 
 in a fiscal year, the higher of the average number of 
 students for the prior school year or the immediately 
 preceding 3 school years who, as of July 1 of the 
 immediately preceding fiscal year (as determined by the 
 Department of Human Services), are eligible for at least 
 one of the following low-income programs: Medicaid, the 
 Children's Health Insurance Program, Temporary Assistance 
 for Needy Families (TANF), or the Supplemental Nutrition 
 Assistance Program, excluding pupils who are eligible for 
 services provided by the Department of Children and Family 
 Services. Until such time that grade level low-income 
 populations become available, grade level low-income 
 populations shall be determined by applying the low-income 
 percentage to total student enrollments by grade level. 
 The low-income percentage is determined by dividing the 
 Low-Income Count by the Average Student Enrollment. The 
 low-income percentage for programs operated by a regional 
 office of education or an intermediate service center must 
 be set to the weighted average of the low-income 
 percentages of all of the school districts in the service 
 region. The weighted low-income percentage is the result 
 of multiplying the low-income percentage of each school 
 district served by the regional office of education or 
 intermediate service center by each school district's 
 Average Student Enrollment, summarizing those products and 
 dividing the total by the total Average Student Enrollment 
 for the service region.
  "Maintenance and operations" means custodial services, 
 facility and ground maintenance, facility operations, 
 facility security, routine facility repairs, and other 
 similar services and functions.
  "Minimum Funding Level" is defined in paragraph (9) of 
 subsection (g) of this Section.
  "New Property Tax Relief Pool Funds" means, for any 
 given fiscal year, all State funds appropriated under 
 Section 2-3.170 of this Code. 
  "New State Funds" means, for a given school year, all 
 State funds appropriated for Evidence-Based Funding in 
 excess of the amount needed to fund the Base Funding 
 Minimum for all Organizational Units in that school year.
  "Net State Contribution Target" means, for a given 
 school year, the amount of State funds that would be 
 necessary to fully meet the Adequacy Target of an 
 Operational Unit minus the Preliminary Resources available 
 to each unit.
  "Nurse" means an individual licensed as a certified 
 school nurse, in accordance with the rules established for 
 nursing services by the State Board, who is an employee of 
 and is available to provide health care-related services 
 for students of an Organizational Unit.
  "Operating Tax Rate" means the rate utilized in the 
 previous year to extend property taxes for all purposes, 
 except Bond and Interest, Summer School, Rent, Capital 
 Improvement, and Vocational Education Building purposes. 
 For Hybrid Districts, the Operating Tax Rate shall be the 
 combined elementary and high school rates utilized in the 
 previous year to extend property taxes for all purposes, 
 except Bond and Interest, Summer School, Rent, Capital 
 Improvement, and Vocational Education Building purposes. 
  "Organizational Unit" means a Laboratory School or any 
 public school district that is recognized as such by the 
 State Board and that contains elementary schools typically 
 serving kindergarten through 5th grades, middle schools 
 typically serving 6th through 8th grades, high schools 
 typically serving 9th through 12th grades, a program 
 established under Section 2-3.66 or 2-3.41, or a program 
 operated by a regional office of education or an 
 intermediate service center under Article 13A or 13B. The 
 General Assembly acknowledges that the actual grade levels 
 served by a particular Organizational Unit may vary 
 slightly from what is typical.
  "Organizational Unit CWI" is determined by calculating 
 the CWI in the region and original county in which an 
 Organizational Unit's primary administrative office is 
 located as set forth in this paragraph, provided that if 
 the Organizational Unit CWI as calculated in accordance 
 with this paragraph is less than 0.9, the Organizational 
 Unit CWI shall be increased to 0.9. Each county's current 
 CWI value shall be adjusted based on the CWI value of that 
 county's neighboring Illinois counties, to create a 
 "weighted adjusted index value". This shall be calculated 
 by summing the CWI values of all of a county's adjacent 
 Illinois counties and dividing by the number of adjacent 
 Illinois counties, then taking the weighted value of the 
 original county's CWI value and the adjacent Illinois 
 county average. To calculate this weighted value, if the 
 number of adjacent Illinois counties is greater than 2, 
 the original county's CWI value will be weighted at 0.25 
 and the adjacent Illinois county average will be weighted 
 at 0.75. If the number of adjacent Illinois counties is 2, 
 the original county's CWI value will be weighted at 0.33 
 and the adjacent Illinois county average will be weighted 
 at 0.66. The greater of the county's current CWI value and 
 its weighted adjusted index value shall be used as the 
 Organizational Unit CWI.
  "Preceding Tax Year" means the property tax levy year 
 immediately preceding the Base Tax Year.
  "Preceding Tax Year's Extension" means the product of 
 the equalized assessed valuation utilized by the county 
 clerk in the Preceding Tax Year multiplied by the 
 Operating Tax Rate. 
  "Preliminary Percent of Adequacy" is defined in 
 paragraph (2) of subsection (f) of this Section.
  "Preliminary Resources" is defined in paragraph (2) of 
 subsection (f) of this Section.
  "Principal" means a school administrator duly endorsed 
 to be employed as a principal in this State.
  "Professional development" means training programs for 
 licensed staff in schools, including, but not limited to, 
 programs that assist in implementing new curriculum 
 programs, provide data focused or academic assessment data 
 training to help staff identify a student's weaknesses and 
 strengths, target interventions, improve instruction, 
 encompass instructional strategies for English learner, 
 gifted, or at-risk students, address inclusivity, cultural 
 sensitivity, or implicit bias, or otherwise provide 
 professional support for licensed staff.
  "Prototypical" means 450 special education 
 pre-kindergarten and kindergarten through grade 5 students 
 for an elementary school, 450 grade 6 through 8 students 
 for a middle school, and 600 grade 9 through 12 students 
 for a high school.
  "PTELL" means the Property Tax Extension Limitation 
 Law.
  "PTELL EAV" is defined in paragraph (4) of subsection 
 (d) of this Section.
  "Pupil support staff" means a nurse, psychologist, 
 social worker, family liaison personnel, or other staff 
 member who provides support to at-risk or struggling 
 students.
  "Real Receipts" is defined in paragraph (1) of 
 subsection (d) of this Section.
  "Regionalization Factor" means, for a particular 
 Organizational Unit, the figure derived by dividing the 
 Organizational Unit CWI by the Statewide Weighted CWI.
  "School counselor" means a licensed school counselor 
 who provides guidance and counseling support for students 
 within an Organizational Unit.
  "School site staff" means the primary school secretary 
 and any additional clerical personnel assigned to a 
 school.
  "Special education" means special educational 
 facilities and services, as defined in Section 14-1.08 of 
 this Code.
  "Special Education Allocation" means the amount of an 
 Organizational Unit's final Adequacy Target attributable 
 to special education divided by the Organizational Unit's 
 final Adequacy Target, the product of which shall be 
 multiplied by the amount of new funding received pursuant 
 to this Section. An Organizational Unit's final Adequacy 
 Target attributable to special education shall include all 
 special education investment adequacy elements. 
  "Specialist teacher" means a teacher who provides 
 instruction in subject areas not included in core 
 subjects, including, but not limited to, art, music, 
 physical education, health, driver education, 
 career-technical education, and such other subject areas 
 as may be mandated by State law or provided by an 
 Organizational Unit.
  "Specially Funded Unit" means an Alternative School, 
 safe school, Department of Juvenile Justice school, 
 special education cooperative or entity recognized by the 
 State Board as a special education cooperative, 
 State-approved charter school, or alternative learning 
 opportunities program that received direct funding from 
 the State Board during the 2016-2017 school year through 
 any of the funding sources included within the calculation 
 of the Base Funding Minimum or Glenwood Academy.
  "Supplemental Grant Funding" means supplemental 
 general State aid funding received by an Organizational 
 Unit during the 2016-2017 school year pursuant to 
 subsection (H) of Section 18-8.05 of this Code (now 
 repealed). 
  "State Adequacy Level" is the sum of the Adequacy 
 Targets of all Organizational Units.
  "State Board" means the State Board of Education.
  "State Superintendent" means the State Superintendent 
 of Education.
  "Statewide Weighted CWI" means a figure determined by 
 multiplying each Organizational Unit CWI times the ASE for 
 that Organizational Unit creating a weighted value, 
 summing all Organizational Units' weighted values, and 
 dividing by the total ASE of all Organizational Units, 
 thereby creating an average weighted index.
  "Student activities" means non-credit producing 
 after-school programs, including, but not limited to, 
 clubs, bands, sports, and other activities authorized by 
 the school board of the Organizational Unit.
  "Substitute teacher" means an individual teacher or 
 teaching assistant who is employed by an Organizational 
 Unit and is temporarily serving the Organizational Unit on 
 a per diem or per period-assignment basis to replace 
 another staff member.
  "Summer school" means academic and enrichment programs 
 provided to students during the summer months outside of 
 the regular school year.
  "Supervisory aide" means a non-licensed staff member 
 who helps in supervising students of an Organizational 
 Unit, but does so outside of the classroom, in situations 
 such as, but not limited to, monitoring hallways and 
 playgrounds, supervising lunchrooms, or supervising 
 students when being transported in buses serving the 
 Organizational Unit.
  "Target Ratio" is defined in paragraph (4) of 
 subsection (g).
  "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined 
 in paragraph (3) of subsection (g).
  "Tier 1 Aggregate Funding", "Tier 2 Aggregate 
 Funding", "Tier 3 Aggregate Funding", and "Tier 4 
 Aggregate Funding" are defined in paragraph (1) of 
 subsection (g). 
 (b) Adequacy Target calculation. 
  (1) Each Organizational Unit's Adequacy Target is the 
 sum of the Organizational Unit's cost of providing 
 Essential Elements, as calculated in accordance with this 
 subsection (b), with the salary amounts in the Essential 
 Elements multiplied by a Regionalization Factor calculated 
 pursuant to paragraph (3) of this subsection (b).
  (2) The Essential Elements are attributable on a pro 
 rata basis related to defined subgroups of the ASE of each 
 Organizational Unit as specified in this paragraph (2), 
 with investments and FTE positions pro rata funded based 
 on ASE counts in excess of or less than the thresholds set 
 forth in this paragraph (2). The method for calculating 
 attributable pro rata costs and the defined subgroups 
 thereto are as follows: 
   (A) Core class size investments. Each 
 Organizational Unit shall receive the funding required 
 to support that number of FTE core teacher positions 
 as is needed to keep the respective class sizes of the 
 Organizational Unit to the following maximum numbers:
    (i) For grades kindergarten through 3, the 
 Organizational Unit shall receive funding required 
 to support one FTE core teacher position for every 
 15 Low-Income Count students in those grades and 
 one FTE core teacher position for every 20 
 non-Low-Income Count students in those grades.
    (ii) For grades 4 through 12, the 
 Organizational Unit shall receive funding required 
 to support one FTE core teacher position for every 
 20 Low-Income Count students in those grades and 
 one FTE core teacher position for every 25 
 non-Low-Income Count students in those grades.
   The number of non-Low-Income Count students in a 
 grade shall be determined by subtracting the 
 Low-Income students in that grade from the ASE of the 
 Organizational Unit for that grade.
   (B) Specialist teacher investments. Each 
 Organizational Unit shall receive the funding needed 
 to cover that number of FTE specialist teacher 
 positions that correspond to the following 
 percentages: 
    (i) if the Organizational Unit operates an 
 elementary or middle school, then 20.00% of the 
 number of the Organizational Unit's core teachers, 
 as determined under subparagraph (A) of this 
 paragraph (2); and
    (ii) if such Organizational Unit operates a 
 high school, then 33.33% of the number of the 
 Organizational Unit's core teachers. 
   (C) Instructional facilitator investments. Each 
 Organizational Unit shall receive the funding needed 
 to cover one FTE instructional facilitator position 
 for every 200 combined ASE of pre-kindergarten 
 children with disabilities and all kindergarten 
 through grade 12 students of the Organizational Unit.
   (D) Core intervention teacher (tutor) investments. 
 Each Organizational Unit shall receive the funding 
 needed to cover one FTE teacher position for each 
 prototypical elementary, middle, and high school.
   (E) Substitute teacher investments. Each 
 Organizational Unit shall receive the funding needed 
 to cover substitute teacher costs that is equal to 
 5.70% of the minimum pupil attendance days required 
 under Section 10-19 of this Code for all full-time 
 equivalent core, specialist, and intervention 
 teachers, school nurses, special education teachers 
 and instructional assistants, instructional 
 facilitators, and summer school and extended day 
 teacher positions, as determined under this paragraph 
 (2), at a salary rate of 33.33% of the average salary 
 for grade K through 12 teachers and 33.33% of the 
 average salary of each instructional assistant 
 position.
   (F) Core school counselor investments. Each 
 Organizational Unit shall receive the funding needed 
 to cover one FTE school counselor for each 450 
 combined ASE of pre-kindergarten children with 
 disabilities and all kindergarten through grade 5 
 students, plus one FTE school counselor for each 250 
 grades 6 through 8 ASE middle school students, plus 
 one FTE school counselor for each 250 grades 9 through 
 12 ASE high school students.
   (G) Nurse investments. Each Organizational Unit 
 shall receive the funding needed to cover one FTE 
 nurse for each 750 combined ASE of pre-kindergarten 
 children with disabilities and all kindergarten 
 through grade 12 students across all grade levels it 
 serves.
   (H) Supervisory aide investments. Each 
 Organizational Unit shall receive the funding needed 
 to cover one FTE for each 225 combined ASE of 
 pre-kindergarten children with disabilities and all 
 kindergarten through grade 5 students, plus one FTE 
 for each 225 ASE middle school students, plus one FTE 
 for each 200 ASE high school students.
   (I) Librarian investments. Each Organizational 
 Unit shall receive the funding needed to cover one FTE 
 librarian for each prototypical elementary school, 
 middle school, and high school and one FTE aide or 
 media technician for every 300 combined ASE of 
 pre-kindergarten children with disabilities and all 
 kindergarten through grade 12 students.
   (J) Principal investments. Each Organizational 
 Unit shall receive the funding needed to cover one FTE 
 principal position for each prototypical elementary 
 school, plus one FTE principal position for each 
 prototypical middle school, plus one FTE principal 
 position for each prototypical high school.
   (K) Assistant principal investments. Each 
 Organizational Unit shall receive the funding needed 
 to cover one FTE assistant principal position for each 
 prototypical elementary school, plus one FTE assistant 
 principal position for each prototypical middle 
 school, plus one FTE assistant principal position for 
 each prototypical high school.
   (L) School site staff investments. Each 
 Organizational Unit shall receive the funding needed 
 for one FTE position for each 225 ASE of 
 pre-kindergarten children with disabilities and all 
 kindergarten through grade 5 students, plus one FTE 
 position for each 225 ASE middle school students, plus 
 one FTE position for each 200 ASE high school 
 students.
   (M) Gifted investments. Each Organizational Unit 
 shall receive $40 per kindergarten through grade 12 
 ASE.
   (N) Professional development investments. Each 
 Organizational Unit shall receive $125 per student of 
 the combined ASE of pre-kindergarten children with 
 disabilities and all kindergarten through grade 12 
 students for trainers and other professional 
 development-related expenses for supplies and 
 materials.
   (O) Instructional material investments. Each 
 Organizational Unit shall receive $190 per student of 
 the combined ASE of pre-kindergarten children with 
 disabilities and all kindergarten through grade 12 
 students to cover instructional material costs.
   (P) Assessment investments. Each Organizational 
 Unit shall receive $25 per student of the combined ASE 
 of pre-kindergarten children with disabilities and all 
 kindergarten through grade 12 students to cover 
 assessment costs.
   (Q) Computer technology and equipment investments. 
 Each Organizational Unit shall receive $285.50 per 
 student of the combined ASE of pre-kindergarten 
 children with disabilities and all kindergarten 
 through grade 12 students to cover computer technology 
 and equipment costs. For the 2018-2019 school year and 
 subsequent school years, Organizational Units assigned 
 to Tier 1 and Tier 2 in the prior school year shall 
 receive an additional $285.50 per student of the 
 combined ASE of pre-kindergarten children with 
 disabilities and all kindergarten through grade 12 
 students to cover computer technology and equipment 
 costs in the Organizational Unit's Adequacy Target. 
 The State Board may establish additional requirements 
 for Organizational Unit expenditures of funds received 
 pursuant to this subparagraph (Q), including a 
 requirement that funds received pursuant to this 
 subparagraph (Q) may be used only for serving the 
 technology needs of the district. It is the intent of 
 Public Act 100-465 that all Tier 1 and Tier 2 districts 
 receive the addition to their Adequacy Target in the 
 following year, subject to compliance with the 
 requirements of the State Board.
   (R) Student activities investments. Each 
 Organizational Unit shall receive the following 
 funding amounts to cover student activities: $100 per 
 kindergarten through grade 5 ASE student in elementary 
 school, plus $200 per ASE student in middle school, 
 plus $675 per ASE student in high school.
   (S) Maintenance and operations investments. Each 
 Organizational Unit shall receive $1,038 per student 
 of the combined ASE of pre-kindergarten children with 
 disabilities and all kindergarten through grade 12 
 students for day-to-day maintenance and operations 
 expenditures, including salary, supplies, and 
 materials, as well as purchased services, but 
 excluding employee benefits. The proportion of salary 
 for the application of a Regionalization Factor and 
 the calculation of benefits is equal to $352.92.
   (T) Central office investments. Each 
 Organizational Unit shall receive $742 per student of 
 the combined ASE of pre-kindergarten children with 
 disabilities and all kindergarten through grade 12 
 students to cover central office operations, including 
 administrators and classified personnel charged with 
 managing the instructional programs, business and 
 operations of the school district, and security 
 personnel. The proportion of salary for the 
 application of a Regionalization Factor and the 
 calculation of benefits is equal to $368.48.
   (U) Employee benefit investments. Each 
 Organizational Unit shall receive 30% of the total of 
 all salary-calculated elements of the Adequacy Target, 
 excluding substitute teachers and student activities 
 investments, to cover benefit costs. For central 
 office and maintenance and operations investments, the 
 benefit calculation shall be based upon the salary 
 proportion of each investment. If at any time the 
 responsibility for funding the employer normal cost of 
 teacher pensions is assigned to school districts, then 
 that amount certified by the Teachers' Retirement 
 System of the State of Illinois to be paid by the 
 Organizational Unit for the preceding school year 
 shall be added to the benefit investment. For any 
 fiscal year in which a school district organized under 
 Article 34 of this Code is responsible for paying the 
 employer normal cost of teacher pensions, then that 
 amount of its employer normal cost plus the amount for 
 retiree health insurance as certified by the Public 
 School Teachers' Pension and Retirement Fund of 
 Chicago to be paid by the school district for the 
 preceding school year that is statutorily required to 
 cover employer normal costs and the amount for retiree 
 health insurance shall be added to the 30% specified 
 in this subparagraph (U). The Teachers' Retirement 
 System of the State of Illinois and the Public School 
 Teachers' Pension and Retirement Fund of Chicago shall 
 submit such information as the State Superintendent 
 may require for the calculations set forth in this 
 subparagraph (U). 
   (V) Additional investments in low-income students. 
 In addition to and not in lieu of all other funding 
 under this paragraph (2), each Organizational Unit 
 shall receive funding based on the average teacher 
 salary for grades K through 12 to cover the costs of:
    (i) one FTE intervention teacher (tutor) 
 position for every 125 Low-Income Count students;
    (ii) one FTE pupil support staff position for 
 every 125 Low-Income Count students;
    (iii) one FTE extended day teacher position 
 for every 120 Low-Income Count students; and
    (iv) one FTE summer school teacher position 
 for every 120 Low-Income Count students.
   (W) Additional investments in English learner 
 students. In addition to and not in lieu of all other 
 funding under this paragraph (2), each Organizational 
 Unit shall receive funding based on the average 
 teacher salary for grades K through 12 to cover the 
 costs of: 
    (i) one FTE intervention teacher (tutor) 
 position for every 125 English learner students;
    (ii) one FTE pupil support staff position for 
 every 125 English learner students;
    (iii) one FTE extended day teacher position 
 for every 120 English learner students;
    (iv) one FTE summer school teacher position 
 for every 120 English learner students; and
    (v) one FTE core teacher position for every 
 100 English learner students. 
   (X) Special education investments. Each 
 Organizational Unit shall receive funding based on the 
 average teacher salary for grades K through 12 to 
 cover special education as follows: 
    (i) one FTE teacher position for every 141 
 combined ASE of pre-kindergarten children with 
 disabilities and all kindergarten through grade 12 
 students;
    (ii) one FTE instructional assistant for every 
 141 combined ASE of pre-kindergarten children with 
 disabilities and all kindergarten through grade 12 
 students; and
    (iii) one FTE psychologist position for every 
 1,000 combined ASE of pre-kindergarten children 
 with disabilities and all kindergarten through 
 grade 12 students. 
  (3) For calculating the salaries included within the 
 Essential Elements, the State Superintendent shall 
 annually calculate average salaries to the nearest dollar 
 using the employment information system data maintained by 
 the State Board, limited to public schools only and 
 excluding special education and vocational cooperatives, 
 schools operated by the Department of Juvenile Justice, 
 and charter schools, for the following positions: 
   (A) Teacher for grades K through 8.
   (B) Teacher for grades 9 through 12.
   (C) Teacher for grades K through 12.
   (D) School counselor for grades K through 8.
   (E) School counselor for grades 9 through 12.
   (F) School counselor for grades K through 12.
   (G) Social worker.
   (H) Psychologist.
   (I) Librarian.
   (J) Nurse.
   (K) Principal.
   (L) Assistant principal. 
  For the purposes of this paragraph (3), "teacher" 
 includes core teachers, specialist and elective teachers, 
 instructional facilitators, tutors, special education 
 teachers, pupil support staff teachers, English learner 
 teachers, extended day teachers, and summer school 
 teachers. Where specific grade data is not required for 
 the Essential Elements, the average salary for 
 corresponding positions shall apply. For substitute 
 teachers, the average teacher salary for grades K through 
 12 shall apply. 
  For calculating the salaries included within the 
 Essential Elements for positions not included within EIS 
 Data, the following salaries shall be used in the first 
 year of implementation of Evidence-Based Funding: 
   (i) school site staff, $30,000; and
   (ii) non-instructional assistant, instructional 
 assistant, library aide, library media tech, or 
 supervisory aide: $25,000. 
  In the second and subsequent years of implementation 
 of Evidence-Based Funding, the amounts in items (i) and 
 (ii) of this paragraph (3) shall annually increase by the 
 ECI. 
  The salary amounts for the Essential Elements 
 determined pursuant to subparagraphs (A) through (L), (S) 
 and (T), and (V) through (X) of paragraph (2) of 
 subsection (b) of this Section shall be multiplied by a 
 Regionalization Factor. 
 (c) Local Capacity calculation. 
  (1) Each Organizational Unit's Local Capacity 
 represents an amount of funding it is assumed to 
 contribute toward its Adequacy Target for purposes of the 
 Evidence-Based Funding formula calculation. "Local 
 Capacity" means either (i) the Organizational Unit's Local 
 Capacity Target as calculated in accordance with paragraph 
 (2) of this subsection (c) if its Real Receipts are equal 
 to or less than its Local Capacity Target or (ii) the 
 Organizational Unit's Adjusted Local Capacity, as 
 calculated in accordance with paragraph (3) of this 
 subsection (c) if Real Receipts are more than its Local 
 Capacity Target.
  (2) "Local Capacity Target" means, for an 
 Organizational Unit, that dollar amount that is obtained 
 by multiplying its Adequacy Target by its Local Capacity 
 Ratio. 
   (A) An Organizational Unit's Local Capacity 
 Percentage is the conversion of the Organizational 
 Unit's Local Capacity Ratio, as such ratio is 
 determined in accordance with subparagraph (B) of this 
 paragraph (2), into a cumulative distribution 
 resulting in a percentile ranking to determine each 
 Organizational Unit's relative position to all other 
 Organizational Units in this State. The calculation of 
 Local Capacity Percentage is described in subparagraph 
 (C) of this paragraph (2).
   (B) An Organizational Unit's Local Capacity Ratio 
 in a given year is the percentage obtained by dividing 
 its Adjusted EAV or PTELL EAV, whichever is less, by 
 its Adequacy Target, with the resulting ratio further 
 adjusted as follows: 
    (i) for Organizational Units serving grades 
 kindergarten through 12 and Hybrid Districts, no 
 further adjustments shall be made;
    (ii) for Organizational Units serving grades 
 kindergarten through 8, the ratio shall be 
 multiplied by 9/13;
    (iii) for Organizational Units serving grades 
 9 through 12, the Local Capacity Ratio shall be 
 multiplied by 4/13; and
    (iv) for an Organizational Unit with a 
 different grade configuration than those specified 
 in items (i) through (iii) of this subparagraph 
 (B), the State Superintendent shall determine a 
 comparable adjustment based on the grades served. 
   (C) The Local Capacity Percentage is equal to the 
 percentile ranking of the district. Local Capacity 
 Percentage converts each Organizational Unit's Local 
 Capacity Ratio to a cumulative distribution resulting 
 in a percentile ranking to determine each 
 Organizational Unit's relative position to all other 
 Organizational Units in this State. The Local Capacity 
 Percentage cumulative distribution resulting in a 
 percentile ranking for each Organizational Unit shall 
 be calculated using the standard normal distribution 
 of the score in relation to the weighted mean and 
 weighted standard deviation and Local Capacity Ratios 
 of all Organizational Units. If the value assigned to 
 any Organizational Unit is in excess of 90%, the value 
 shall be adjusted to 90%. For Laboratory Schools, the 
 Local Capacity Percentage shall be set at 10% in

 recognition of the absence of EAV and resources from 
 the public university that are allocated to
the 
 Laboratory School. For programs operated by a regional 
 office of education or an intermediate service center, 
 the Local Capacity Percentage must be set at 10% in 
 recognition of the absence of EAV and resources from 
 school districts that are allocated to the regional 
 office of education or intermediate service center. 
 The weighted mean for the Local Capacity Percentage 
 shall be determined by multiplying each Organizational 
 Unit's Local Capacity Ratio times the ASE for the unit 
 creating a weighted value, summing the weighted values 
 of all Organizational Units, and dividing by the total 
 ASE of all Organizational Units. The weighted standard 
 deviation shall be determined by taking the square 
 root of the weighted variance of all Organizational 
 Units' Local Capacity Ratio, where the variance is 
 calculated by squaring the difference between each 
 unit's Local Capacity Ratio and the weighted mean, 
 then multiplying the variance for each unit times the 
 ASE for the unit to create a weighted variance for each 
 unit, then summing all units' weighted variance and 
 dividing by the total ASE of all units.
   (D) For any Organizational Unit, the 
 Organizational Unit's Adjusted Local Capacity Target 
 shall be reduced by either (i) the school board's 
 remaining contribution pursuant to paragraph (ii) of 
 subsection (b-4) of Section 16-158 of the Illinois 
 Pension Code in a given year or (ii) the board of 
 education's remaining contribution pursuant to 
 paragraph (iv) of subsection (b) of Section 17-129 of 
 the Illinois Pension Code absent the employer normal 
 cost portion of the required contribution and amount 
 allowed pursuant to subdivision (3) of Section 
 17-142.1 of the Illinois Pension Code in a given year. 
 In the preceding sentence, item (i) shall be certified 
 to the State Board of Education by the Teachers' 
 Retirement System of the State of Illinois and item 
 (ii) shall be certified to the State Board of 
 Education by the Public School Teachers' Pension and 
 Retirement Fund of the City of Chicago. 
  (3) If an Organizational Unit's Real Receipts are more 
 than its Local Capacity Target, then its Local Capacity 
 shall equal an Adjusted Local Capacity Target as 
 calculated in accordance with this paragraph (3). The 
 Adjusted Local Capacity Target is calculated as the sum of 
 the Organizational Unit's Local Capacity Target and its 
 Real Receipts Adjustment. The Real Receipts Adjustment 
 equals the Organizational Unit's Real Receipts less its 
 Local Capacity Target, with the resulting figure 
 multiplied by the Local Capacity Percentage.
  As used in this paragraph (3), "Real Percent of 
 Adequacy" means the sum of an Organizational Unit's Real 
 Receipts, CPPRT, and Base Funding Minimum, with the 
 resulting figure divided by the Organizational Unit's 
 Adequacy Target. 
 (d) Calculation of Real Receipts, EAV, and Adjusted EAV 
for purposes of the Local Capacity calculation. 
  (1) An Organizational Unit's Real Receipts are the 
 product of its Applicable Tax Rate and its Adjusted EAV. 
 An Organizational Unit's Applicable Tax Rate is its 
 Adjusted Operating Tax Rate for property within the 
 Organizational Unit.
  (2) The State Superintendent shall calculate the 
 equalized assessed valuation, or EAV, of all taxable 
 property of each Organizational Unit as of September 30 of 
 the previous year in accordance with paragraph (3) of this 
 subsection (d). The State Superintendent shall then 
 determine the Adjusted EAV of each Organizational Unit in 
 accordance with paragraph (4) of this subsection (d), 
 which Adjusted EAV figure shall be used for the purposes 
 of calculating Local Capacity.
  (3) To calculate Real Receipts and EAV, the Department 
 of Revenue shall supply to the State Superintendent the 
 value as equalized or assessed by the Department of 
 Revenue of all taxable property of every Organizational 
 Unit, together with (i) the applicable tax rate used in 
 extending taxes for the funds of the Organizational Unit 
 as of September 30 of the previous year and (ii) the 
 limiting rate for all Organizational Units subject to 
 property tax extension limitations as imposed under PTELL. 
   (A) The Department of Revenue shall add to the 
 equalized assessed value of all taxable property of 
 each Organizational Unit situated entirely or 
 partially within a county that is or was subject to the 
 provisions of Section 15-176 or 15-177 of the Property 
 Tax Code (i) an amount equal to the total amount by 
 which the homestead exemption allowed under Section 
 15-176 or 15-177 of the Property Tax Code for real 
 property situated in that Organizational Unit exceeds 
 the total amount that would have been allowed in that 
 Organizational Unit if the maximum reduction under 
 Section 15-176 was (I) $4,500 in Cook County or $3,500 
 in all other counties in tax year 2003 or (II) $5,000 
 in all counties in tax year 2004 and thereafter and 
 (ii) an amount equal to the aggregate amount for the 
 taxable year of all additional exemptions under 
 Section 15-175 of the Property Tax Code for owners 
 with a household income of $30,000 or less. The county 
 clerk of any county that is or was subject to the 
 provisions of Section 15-176 or 15-177 of the Property 
 Tax Code shall annually calculate and certify to the 
 Department of Revenue for each Organizational Unit all 
 homestead exemption amounts under Section 15-176 or 
 15-177 of the Property Tax Code and all amounts of 
 additional exemptions under Section 15-175 of the 
 Property Tax Code for owners with a household income 
 of $30,000 or less. It is the intent of this 
 subparagraph (A) that if the general homestead 
 exemption for a parcel of property is determined under 
 Section 15-176 or 15-177 of the Property Tax Code 
 rather than Section 15-175, then the calculation of 
 EAV shall not be affected by the difference, if any, 
 between the amount of the general homestead exemption 
 allowed for that parcel of property under Section 
 15-176 or 15-177 of the Property Tax Code and the 
 amount that would have been allowed had the general 
 homestead exemption for that parcel of property been 
 determined under Section 15-175 of the Property Tax 
 Code. It is further the intent of this subparagraph 
 (A) that if additional exemptions are allowed under 
 Section 15-175 of the Property Tax Code for owners 
 with a household income of less than $30,000, then the 
 calculation of EAV shall not be affected by the 
 difference, if any, because of those additional 
 exemptions.
   (B) With respect to any part of an Organizational 
 Unit within a redevelopment project area in respect to 
 which a municipality has adopted tax increment 
 allocation financing pursuant to the Tax Increment 
 Allocation Redevelopment Act, Division 74.4 of Article 
 11 of the Illinois Municipal Code, or the Industrial 
 Jobs Recovery Law, Division 74.6 of Article 11 of the 
 Illinois Municipal Code, no part of the current EAV of 
 real property located in any such project area that is 
 attributable to an increase above the total initial 
 EAV of such property shall be used as part of the EAV 
 of the Organizational Unit, until such time as all 
 redevelopment project costs have been paid, as 
 provided in Section 11-74.4-8 of the Tax Increment 
 Allocation Redevelopment Act or in Section 11-74.6-35 
 of the Industrial Jobs Recovery Law. For the purpose 
 of the EAV of the Organizational Unit, the total 
 initial EAV or the current EAV, whichever is lower, 
 shall be used until such time as all redevelopment 
 project costs have been paid.
   (B-5) The real property equalized assessed 
 valuation for a school district shall be adjusted by 
 subtracting from the real property value, as equalized 
 or assessed by the Department of Revenue, for the 
 district an amount computed by dividing the amount of 
 any abatement of taxes under Section 18-170 of the 
 Property Tax Code by 3.00% for a district maintaining 
 grades kindergarten through 12, by 2.30% for a 
 district maintaining grades kindergarten through 8, or 
 by 1.05% for a district maintaining grades 9 through 
 12 and adjusted by an amount computed by dividing the 
 amount of any abatement of taxes under subsection (a) 
 of Section 18-165 of the Property Tax Code by the same 
 percentage rates for district type as specified in 
 this subparagraph (B-5). 
   (C) For Organizational Units that are Hybrid 
 Districts, the State Superintendent shall use the 
 lesser of the adjusted equalized assessed valuation 
 for property within the partial elementary unit 
 district for elementary purposes, as defined in 
 Article 11E of this Code, or the adjusted equalized 
 assessed valuation for property within the partial 
 elementary unit district for high school purposes, as 
 defined in Article 11E of this Code. 
  (4) An Organizational Unit's Adjusted EAV shall be the 
 average of its EAV over the immediately preceding 3 years 
 or its EAV in the immediately preceding year if the EAV in 
 the immediately preceding year has declined by 10% or more 
 compared to the 3-year average. In the event of 
 Organizational Unit reorganization, consolidation, or 
 annexation, the Organizational Unit's Adjusted EAV for the 
 first 3 years after such change shall be as follows: the 
 most current EAV shall be used in the first year, the 
 average of a 2-year EAV or its EAV in the immediately 
 preceding year if the EAV declines by 10% or more compared 
 to the 2-year average for the second year, and a 3-year 
 average EAV or its EAV in the immediately preceding year 
 if the Adjusted EAV declines by 10% or more compared to the 
 3-year average for the third year. For any school district 
 whose EAV in the immediately preceding year is used in 
 calculations, in the following year, the Adjusted EAV 
 shall be the average of its EAV over the immediately 
 preceding 2 years or the immediately preceding year if 
 that year represents a decline of 10% or more compared to 
 the 2-year average. 
  "PTELL EAV" means a figure calculated by the State 
 Board for Organizational Units subject to PTELL as 
 described in this paragraph (4) for the purposes of 
 calculating an Organizational Unit's Local Capacity Ratio. 
 Except as otherwise provided in this paragraph (4), the 
 PTELL EAV of an Organizational Unit shall be equal to the 
 product of the equalized assessed valuation last used in 
 the calculation of general State aid under Section 18-8.05 
 of this Code (now repealed) or Evidence-Based Funding 
 under this Section and the Organizational Unit's Extension 
 Limitation Ratio. If an Organizational Unit has approved 
 or does approve an increase in its limiting rate, pursuant 
 to Section 18-190 of the Property Tax Code, affecting the 
 Base Tax Year, the PTELL EAV shall be equal to the product 
 of the equalized assessed valuation last used in the 
 calculation of general State aid under Section 18-8.05 of 
 this Code (now repealed) or Evidence-Based Funding under 
 this Section multiplied by an amount equal to one plus the 
 percentage increase, if any, in the Consumer Price Index 
 for All Urban Consumers for all items published by the 
 United States Department of Labor for the 12-month 
 calendar year preceding the Base Tax Year, plus the 
 equalized assessed valuation of new property, annexed 
 property, and recovered tax increment value and minus the 
 equalized assessed valuation of disconnected property.
  As used in this paragraph (4), "new property" and 
 "recovered tax increment value" shall have the meanings 
 set forth in the Property Tax Extension Limitation Law.
 (e) Base Funding Minimum calculation. 
  (1) For the 2017-2018 school year, the Base Funding 
 Minimum of an Organizational Unit or a Specially Funded 
 Unit shall be the amount of State funds distributed to the 
 Organizational Unit or Specially Funded Unit during the 
 2016-2017 school year prior to any adjustments and 
 specified appropriation amounts described in this 
 paragraph (1) from the following Sections, as calculated 
 by the State Superintendent: Section 18-8.05 of this Code 
 (now repealed); Section 5 of Article 224 of Public Act 
 99-524 (equity grants); Section 14-7.02b of this Code 
 (funding for children requiring special education 
 services); Section 14-13.01 of this Code (special 
 education facilities and staffing), except for 
 reimbursement of the cost of transportation pursuant to 
 Section 14-13.01; Section 14C-12 of this Code (English 
 learners); and Section 18-4.3 of this Code (summer 
 school), based on an appropriation level of $13,121,600. 
 For a school district organized under Article 34 of this 
 Code, the Base Funding Minimum also includes (i) the funds 
 allocated to the school district pursuant to Section 1D-1 
 of this Code attributable to funding programs authorized 
 by the Sections of this Code listed in the preceding 
 sentence and (ii) the difference between (I) the funds 
 allocated to the school district pursuant to Section 1D-1 
 of this Code attributable to the funding programs 
 authorized by Section 14-7.02 (non-public special 
 education reimbursement), subsection (b) of Section 
 14-13.01 (special education transportation), Section 29-5 
 (transportation), Section 2-3.80 (agricultural 
 education), Section 2-3.66 (truants' alternative 
 education), Section 2-3.62 (educational service centers), 
 and Section 14-7.03 (special education - orphanage) of 
 this Code and Section 15 of the Childhood Hunger Relief 
 Act (free breakfast program) and (II) the school 
 district's actual expenditures for its non-public special 
 education, special education transportation, 
 transportation programs, agricultural education, truants' 
 alternative education, services that would otherwise be 
 performed by a regional office of education, special 
 education orphanage expenditures, and free breakfast, as 
 most recently calculated and reported pursuant to 
 subsection (f) of Section 1D-1 of this Code. The Base 
 Funding Minimum for Glenwood Academy shall be $625,500. 
 For programs operated by a regional office of education or 
 an intermediate service center, the Base Funding Minimum 
 must be the total amount of State funds allocated to those 
 programs in the 2018-2019 school year and amounts provided 
 pursuant to Article 34 of Public Act 100-586 and Section 
 3-16 of this Code. All programs established after June 5, 
 2019 (the effective date of Public Act 101-10) and 
 administered by a regional office of education or an 
 intermediate service center must have an initial Base 
 Funding Minimum set to an amount equal to the first-year 
 ASE multiplied by the amount of per pupil funding received 
 in the previous school year by the lowest funded similar 
 existing program type. If the enrollment for a program 
 operated by a regional office of education or an 
 intermediate service center is zero, then it may not 
 receive Base Funding Minimum funds for that program in the 
 next fiscal year, and those funds must be distributed to 
 Organizational Units under subsection (g).
  (2) For the 2018-2019 and subsequent school years, the 
 Base Funding Minimum of Organizational Units and Specially 
 Funded Units shall be the sum of (i) the amount of 
 Evidence-Based Funding for the prior school year, (ii) the 
 Base Funding Minimum for the prior school year, and (iii) 
 any amount received by a school district pursuant to 
 Section 7 of Article 97 of Public Act 100-21. 
  (3) Subject to approval by the General Assembly as 
 provided in this paragraph (3), an Organizational Unit 
 that meets all of the following criteria, as determined by 
 the State Board, shall have District Intervention Money 
 added to its Base Funding Minimum at the time the Base 
 Funding Minimum is calculated by the State Board: 
   (A) The Organizational Unit is operating under an 
 Independent Authority under Section 2-3.25f-5 of this 
 Code for a minimum of 4 school years or is subject to 
 the control of the State Board pursuant to a court 
 order for a minimum of 4 school years.
   (B) The Organizational Unit was designated as a 
 Tier 1 or Tier 2 Organizational Unit in the previous 
 school year under paragraph (3) of subsection (g) of 
 this Section.
   (C) The Organizational Unit demonstrates 
 sustainability through a 5-year financial and 
 strategic plan.
   (D) The Organizational Unit has made sufficient 
 progress and achieved sufficient stability in the 
 areas of governance, academic growth, and finances. 
  As part of its determination under this paragraph (3), 
 the State Board may consider the Organizational Unit's 
 summative designation, any accreditations of the 
 Organizational Unit, or the Organizational Unit's 
 financial profile, as calculated by the State Board.
  If the State Board determines that an Organizational 
 Unit has met the criteria set forth in this paragraph (3), 
 it must submit a report to the General Assembly, no later 
 than January 2 of the fiscal year in which the State Board 
 makes it determination, on the amount of District 
 Intervention Money to add to the Organizational Unit's 
 Base Funding Minimum. The General Assembly must review the 
 State Board's report and may approve or disapprove, by 
 joint resolution, the addition of District Intervention 
 Money. If the General Assembly fails to act on the report 
 within 40 calendar days from the receipt of the report, 
 the addition of District Intervention Money is deemed 
 approved. If the General Assembly approves the amount of 
 District Intervention Money to be added to the 
 Organizational Unit's Base Funding Minimum, the District 
 Intervention Money must be added to the Base Funding 
 Minimum annually thereafter.
  For the first 4 years following the initial year that 
 the State Board determines that an Organizational Unit has 
 met the criteria set forth in this paragraph (3) and has 
 received funding under this Section, the Organizational 
 Unit must annually submit to the State Board, on or before 
 November 30, a progress report regarding its financial and 
 strategic plan under subparagraph (C) of this paragraph 
 (3). The plan shall include the financial data from the 
 past 4 annual financial reports or financial audits that 
 must be presented to the State Board by November 15 of each 
 year and the approved budget financial data for the 
 current year. The plan shall be developed according to the 
 guidelines presented to the Organizational Unit by the 
 State Board. The plan shall further include financial 
 projections for the next 3 fiscal years and include a 
 discussion and financial summary of the Organizational 
 Unit's facility needs. If the Organizational Unit does not 
 demonstrate sufficient progress toward its 5-year plan or 
 if it has failed to file an annual financial report, an 
 annual budget, a financial plan, a deficit reduction plan, 
 or other financial information as required by law, the 
 State Board may establish a Financial Oversight Panel 
 under Article 1H of this Code. However, if the 
 Organizational Unit already has a Financial Oversight 
 Panel, the State Board may extend the duration of the 
 Panel. 
 (f) Percent of Adequacy and Final Resources calculation. 
  (1) The Evidence-Based Funding formula establishes a 
 Percent of Adequacy for each Organizational Unit in order 
 to place such units into tiers for the purposes of the 
 funding distribution system described in subsection (g) of 
 this Section. Initially, an Organizational Unit's 
 Preliminary Resources and Preliminary Percent of Adequacy 
 are calculated pursuant to paragraph (2) of this 
 subsection (f). Then, an Organizational Unit's Final 
 Resources and Final Percent of Adequacy are calculated to 
 account for the Organizational Unit's poverty 
 concentration levels pursuant to paragraphs (3) and (4) of 
 this subsection (f).
  (2) An Organizational Unit's Preliminary Resources are 
 equal to the sum of its Local Capacity Target, CPPRT, and 
 Base Funding Minimum. An Organizational Unit's Preliminary 
 Percent of Adequacy is the lesser of (i) its Preliminary 
 Resources divided by its Adequacy Target or (ii) 100%.
  (3) Except for Specially Funded Units, an 
 Organizational Unit's Final Resources are equal to the sum 
 of its Local Capacity, CPPRT, and Adjusted Base Funding 
 Minimum. The Base Funding Minimum of each Specially Funded 
 Unit shall serve as its Final Resources, except that the 
 Base Funding Minimum for State-approved charter schools 
 shall not include any portion of general State aid 
 allocated in the prior year based on the per capita 
 tuition charge times the charter school enrollment.
  (4) An Organizational Unit's Final Percent of Adequacy 
 is its Final Resources divided by its Adequacy Target. An 
 Organizational Unit's Adjusted Base Funding Minimum is 
 equal to its Base Funding Minimum less its Supplemental 
 Grant Funding, with the resulting figure added to the 
 product of its Supplemental Grant Funding and Preliminary 
 Percent of Adequacy. 
 (g) Evidence-Based Funding formula distribution system. 
  (1) In each school year under the Evidence-Based 
 Funding formula, each Organizational Unit receives funding 
 equal to the sum of its Base Funding Minimum and the unit's 
 allocation of New State Funds determined pursuant to this 
 subsection (g). To allocate New State Funds, the 
 Evidence-Based Funding formula distribution system first 
 places all Organizational Units into one of 4 tiers in 
 accordance with paragraph (3) of this subsection (g), 
 based on the Organizational Unit's Final Percent of 
 Adequacy. New State Funds are allocated to each of the 4 
 tiers as follows: Tier 1 Aggregate Funding equals 50% of 
 all New State Funds, Tier 2 Aggregate Funding equals 49% 
 of all New State Funds, Tier 3 Aggregate Funding equals 
 0.9% of all New State Funds, and Tier 4 Aggregate Funding 
 equals 0.1% of all New State Funds. Each Organizational 
 Unit within Tier 1 or Tier 2 receives an allocation of New 
 State Funds equal to its tier Funding Gap, as defined in 
 the following sentence, multiplied by the tier's 
 Allocation Rate determined pursuant to paragraph (4) of 
 this subsection (g). For Tier 1, an Organizational Unit's 
 Funding Gap equals the tier's Target Ratio, as specified 
 in paragraph (5) of this subsection (g), multiplied by the 
 Organizational Unit's Adequacy Target, with the resulting 
 amount reduced by the Organizational Unit's Final 
 Resources. For Tier 2, an Organizational Unit's Funding 
 Gap equals the tier's Target Ratio, as described in 
 paragraph (5) of this subsection (g), multiplied by the 
 Organizational Unit's Adequacy Target, with the resulting 
 amount reduced by the Organizational Unit's Final 
 Resources and its Tier 1 funding allocation. To determine 
 the Organizational Unit's Funding Gap, the resulting 
 amount is then multiplied by a factor equal to one minus 
 the Organizational Unit's Local Capacity Target 
 percentage. Each Organizational Unit within Tier 3 or Tier 
 4 receives an allocation of New State Funds equal to the 
 product of its Adequacy Target and the tier's Allocation 
 Rate, as specified in paragraph (4) of this subsection 
 (g).
  (2) To ensure equitable distribution of dollars for 
 all Tier 2 Organizational Units, no Tier 2 Organizational 
 Unit shall receive fewer dollars per ASE than any Tier 3 
 Organizational Unit. Each Tier 2 and Tier 3 Organizational 
 Unit shall have its funding allocation divided by its ASE. 
 Any Tier 2 Organizational Unit with a funding allocation 
 per ASE below the greatest Tier 3 allocation per ASE shall 
 get a funding allocation equal to the greatest Tier 3 
 funding allocation per ASE multiplied by the 
 Organizational Unit's ASE. Each Tier 2 Organizational 
 Unit's Tier 2 funding allocation shall be multiplied by 
 the percentage calculated by dividing the original Tier 2 
 Aggregate Funding by the sum of all Tier 2 Organizational 
 Units' Tier 2 funding allocation after adjusting 
 districts' funding below Tier 3 levels. 
  (3) Organizational Units are placed into one of 4 
 tiers as follows: 
   (A) Tier 1 consists of all Organizational Units, 
 except for Specially Funded Units, with a Percent of 
 Adequacy less than the Tier 1 Target Ratio. The Tier 1 
 Target Ratio is the ratio level that allows for Tier 1 
 Aggregate Funding to be distributed, with the Tier 1 
 Allocation Rate determined pursuant to paragraph (4) 
 of this subsection (g).
   (B) Tier 2 consists of all Tier 1 Units and all 
 other Organizational Units, except for Specially 
 Funded Units, with a Percent of Adequacy of less than 
 0.90.
   (C) Tier 3 consists of all Organizational Units, 
 except for Specially Funded Units, with a Percent of 
 Adequacy of at least 0.90 and less than 1.0.
   (D) Tier 4 consists of all Organizational Units 
 with a Percent of Adequacy of at least 1.0. 
  (4) The Allocation Rates for Tiers 1 through 4 are 
 determined as follows: 
   (A) The Tier 1 Allocation Rate is 30%.
   (B) The Tier 2 Allocation Rate is the result of the 
 following equation: Tier 2 Aggregate Funding, divided 
 by the sum of the Funding Gaps for all Tier 2 
 Organizational Units, unless the result of such 
 equation is higher than 1.0. If the result of such 
 equation is higher than 1.0, then the Tier 2 
 Allocation Rate is 1.0. 
   (C) The Tier 3 Allocation Rate is the result of the 
 following equation: Tier 3
Aggregate Funding, divided 
 by the sum of the Adequacy Targets of all Tier 3 
 Organizational
Units.
   (D) The Tier 4 Allocation Rate is the result of the 
 following equation: Tier 4
Aggregate Funding, divided 
 by the sum of the Adequacy Targets of all Tier 4 
 Organizational
Units. 
  (5) A tier's Target Ratio is determined as follows: 
   (A) The Tier 1 Target Ratio is the ratio level that 
 allows for Tier 1 Aggregate Funding to be distributed 
 with the Tier 1 Allocation Rate.
   (B) The Tier 2 Target Ratio is 0.90.
   (C) The Tier 3 Target Ratio is 1.0.
  (6) If, at any point, the Tier 1 Target Ratio is 
 greater than 90%, then all Tier 1 funding shall be 
 allocated to Tier 2 and no Tier 1 Organizational Unit's 
 funding may be identified.
  (7) In the event that all Tier 2 Organizational Units 
 receive funding at the Tier 2 Target Ratio level, any 
 remaining New State Funds shall be allocated to Tier 3 and 
 Tier 4 Organizational Units. 
  (8) If any Specially Funded Units, excluding Glenwood 
 Academy, recognized by the State Board do not qualify for 
 direct funding following the implementation of Public Act 
 100-465 from any of the funding sources included within 
 the definition of Base Funding Minimum, the unqualified 
 portion of the Base Funding Minimum shall be transferred 
 to one or more appropriate Organizational Units as 
 determined by the State Superintendent based on the prior 
 year ASE of the Organizational Units.
  (8.5) If a school district withdraws from a special 
 education cooperative, the portion of the Base Funding 
 Minimum that is attributable to the school district may be 
 redistributed to the school district upon withdrawal. The 
 school district and the cooperative must include the 
 amount of the Base Funding Minimum that is to be 
 reapportioned in their withdrawal agreement and notify the 
 State Board of the change with a copy of the agreement upon 
 withdrawal. 
  (9) The Minimum Funding Level is intended to establish 
 a target for State funding that will keep pace with 
 inflation and continue to advance equity through the 
 Evidence-Based Funding formula. The target for State 
 funding of New Property Tax Relief Pool Funds is 
 $50,000,000 for State fiscal year 2019 and subsequent 
 State fiscal years. The Minimum Funding Level is equal to 
 $350,000,000. In addition to any New State Funds, no more 
 than $50,000,000 New Property Tax Relief Pool Funds may be 
 counted toward the Minimum Funding Level. If the sum of 
 New State Funds and applicable New Property Tax Relief 
 Pool Funds are less than the Minimum Funding Level, than 
 funding for tiers shall be reduced in the following 
 manner:
   (A) First, Tier 4 funding shall be reduced by an 
 amount equal to the difference between the Minimum 
 Funding Level and New State Funds until such time as 
 Tier 4 funding is exhausted.
   (B) Next, Tier 3 funding shall be reduced by an 
 amount equal to the difference between the Minimum 
 Funding Level and New State Funds and the reduction in 
 Tier 4 funding until such time as Tier 3 funding is 
 exhausted.
   (C) Next, Tier 2 funding shall be reduced by an 
 amount equal to the difference between the Minimum 
 Funding Level and New State Funds and the reduction in 
 Tier 4 and Tier 3.
   (D) Finally, Tier 1 funding shall be reduced by an 
 amount equal to the difference between the Minimum 
 Funding level and New State Funds and the reduction in 
 Tier 2, 3, and 4 funding. In addition, the Allocation 
 Rate for Tier 1 shall be reduced to a percentage equal 
 to the Tier 1 Allocation Rate set by paragraph (4) of 
 this subsection (g), multiplied by the result of New 
 State Funds divided by the Minimum Funding Level.
  (9.5) For State fiscal year 2019 and subsequent State 
 fiscal years, if New State Funds exceed $300,000,000, then 
 any amount in excess of $300,000,000 shall be dedicated 
 for purposes of Section 2-3.170 of this Code up to a 
 maximum of $50,000,000. 
  (10) In the event of a decrease in the amount of the 
 appropriation for this Section in any fiscal year after 
 implementation of this Section, the Organizational Units 
 receiving Tier 1 and Tier 2 funding, as determined under 
 paragraph (3) of this subsection (g), shall be held 
 harmless by establishing a Base Funding Guarantee equal to 
 the per pupil kindergarten through grade 12 funding 
 received in accordance with this Section in the prior 
 fiscal year. Reductions shall be
made to the Base Funding 
 Minimum of Organizational Units in Tier 3 and Tier 4 on a

 per pupil basis equivalent to the total number of the ASE 
 in Tier 3-funded and Tier 4-funded Organizational Units 
 divided by the total reduction in State funding. The Base

 Funding Minimum as reduced shall continue to be applied to 
 Tier 3 and Tier 4
Organizational Units and adjusted by the 
 relative formula when increases in
appropriations for this 
 Section resume. In no event may State funding reductions 
 to
Organizational Units in Tier 3 or Tier 4 exceed an 
 amount that would be less than the
Base Funding Minimum 
 established in the first year of implementation of this

 Section. If additional reductions are required, all school 
 districts shall receive a
reduction by a per pupil amount 
 equal to the aggregate additional appropriation
reduction 
 divided by the total ASE of all Organizational Units. 
  (11) The State Superintendent shall make minor 
 adjustments to the distribution formula set forth in this 
 subsection (g) to account for the rounding of percentages 
 to the nearest tenth of a percentage and dollar amounts to 
 the nearest whole dollar. 
 (h) State Superintendent administration of funding and 
district submission requirements. 
  (1) The State Superintendent shall, in accordance with 
 appropriations made by the General Assembly, meet the 
 funding obligations created under this Section.
  (2) The State Superintendent shall calculate the 
 Adequacy Target for each Organizational Unit and Net State 
 Contribution Target for each Organizational Unit under 
 this Section. No Evidence-Based Funding shall be 
 distributed within an Organizational Unit without the 
 approval of the unit's school board.
  (3) Annually, the State Superintendent shall calculate 
 and report to each Organizational Unit the unit's 
 aggregate financial adequacy amount, which shall be the 
 sum of the Adequacy Target for each Organizational Unit. 
 The State Superintendent shall calculate and report 
 separately for each Organizational Unit the unit's total 
 State funds allocated for its students with disabilities. 
 The State Superintendent shall calculate and report 
 separately for each Organizational Unit the amount of 
 funding and applicable FTE calculated for each Essential 
 Element of the unit's Adequacy Target.
  (4) Annually, the State Superintendent shall calculate 
 and report to each Organizational Unit the amount the unit 
 must expend on special education and bilingual education 
 and computer technology and equipment for Organizational 
 Units assigned to Tier 1 or Tier 2 that received an 
 additional $285.50 per student computer technology and 
 equipment investment grant to their Adequacy Target 
 pursuant to the unit's Base Funding Minimum, Special 
 Education Allocation, Bilingual Education Allocation, and 
 computer technology and equipment investment allocation.
  (5) Moneys distributed under this Section shall be 
 calculated on a school year basis, but paid on a fiscal 
 year basis, with payments beginning in August and 
 extending through June. Unless otherwise provided, the 
 moneys appropriated for each fiscal year shall be 
 distributed in 22 equal payments at least 2 times monthly 
 to each Organizational Unit. If moneys appropriated for 
 any fiscal year are distributed other than monthly, the 
 distribution shall be on the same basis for each 
 Organizational Unit.
  (6) Any school district that fails, for any given 
 school year, to maintain school as required by law or to 
 maintain a recognized school is not eligible to receive 
 Evidence-Based Funding. In case of non-recognition of one 
 or more attendance centers in a school district otherwise 
 operating recognized schools, the claim of the district 
 shall be reduced in the proportion that the enrollment in 
 the attendance center or centers bears to the enrollment 
 of the school district. "Recognized school" means any 
 public school that meets the standards for recognition by 
 the State Board. A school district or attendance center 
 not having recognition status at the end of a school term 
 is entitled to receive State aid payments due upon a legal 
 claim that was filed while it was recognized.
  (7) School district claims filed under this Section 
 are subject to Sections 18-9 and 18-12 of this Code, 
 except as otherwise provided in this Section.
  (8) Each fiscal year, the State Superintendent shall 
 calculate for each Organizational Unit an amount of its 
 Base Funding Minimum and Evidence-Based Funding that shall 
 be deemed attributable to the provision of special 
 educational facilities and services, as defined in Section 
 14-1.08 of this Code, in a manner that ensures compliance 
 with maintenance of State financial support requirements 
 under the federal Individuals with Disabilities Education 
 Act. An Organizational Unit must use such funds only for 
 the provision of special educational facilities and 
 services, as defined in Section 14-1.08 of this Code, and 
 must comply with any expenditure verification procedures 
 adopted by the State Board.
  (9) All Organizational Units in this State must submit 
 annual spending plans by the end of September of each year 
 to the State Board as part of the annual budget process, 
 which shall describe how each Organizational Unit will 
 utilize the Base Funding Minimum and Evidence-Based 
 Funding it receives from this State under this Section 
 with specific identification of the intended utilization 
 of Low-Income, English learner, and special education 
 resources. Additionally, the annual spending plans of each 
 Organizational Unit shall describe how the Organizational 
 Unit expects to achieve student growth and how the 
 Organizational Unit will achieve State education goals, as 
 defined by the State Board. The State Superintendent may, 
 from time to time, identify additional requisites for 
 Organizational Units to satisfy when compiling the annual 
 spending plans required under this subsection (h). The 
 format and scope of annual spending plans shall be 
 developed by the State Superintendent and the State Board 
 of Education. School districts that serve students under 
 Article 14C of this Code shall continue to submit 
 information as required under Section 14C-12 of this Code. 
  (10) No later than January 1, 2018, the State 
 Superintendent shall develop a 5-year strategic plan for 
 all Organizational Units to help in planning for adequacy 
 funding under this Section. The State Superintendent shall 
 submit the plan to the Governor and the General Assembly, 
 as provided in Section 3.1 of the General Assembly 
 Organization Act. The plan shall include recommendations 
 for: 
   (A) a framework for collaborative, professional, 
 innovative, and 21st century learning environments 
 using the Evidence-Based Funding model;
   (B) ways to prepare and support this State's 
 educators for successful instructional careers;
   (C) application and enhancement of the current 
 financial accountability measures, the approved State 
 plan to comply with the federal Every Student Succeeds 
 Act, and the Illinois Balanced Accountability Measures 
 in relation to student growth and elements of the 
 Evidence-Based Funding model; and
   (D) implementation of an effective school adequacy 
 funding system based on projected and recommended 
 funding levels from the General Assembly. 
  (11) On an annual basis, the State Superintendent
must 
 recalibrate all of the following per pupil elements of the 
 Adequacy Target and applied to the formulas, based on the 
 study of average expenses and as reported in the most 
 recent annual financial report:
   (A) Gifted under subparagraph (M) of paragraph
(2) 
 of subsection (b).
   (B) Instructional materials under subparagraph
(O) 
 of paragraph (2) of subsection (b).
   (C) Assessment under subparagraph (P) of
paragraph 
 (2) of subsection (b).
   (D) Student activities under subparagraph (R) of

 paragraph (2) of subsection (b).
   (E) Maintenance and operations under subparagraph

 (S) of paragraph (2) of subsection (b).
   (F) Central office under subparagraph (T) of

 paragraph (2) of subsection (b). 
 (i) Professional Review Panel. 
  (1) A Professional Review Panel is created to study 
 and review topics related to the implementation and effect 
 of Evidence-Based Funding, as assigned by a joint 
 resolution or Public Act of the General Assembly or a 
 motion passed by the State Board of Education. The Panel 
 must provide recommendations to and serve the Governor, 
 the General Assembly, and the State Board. The State 
 Superintendent or his or her designee must serve as a 
 voting member and chairperson of the Panel. The State 
 Superintendent must appoint a vice chairperson from the 
 membership of the Panel. The Panel must advance 
 recommendations based on a three-fifths majority vote of 
 Panel members present and voting. A minority opinion may 
 also accompany any recommendation of the Panel. The Panel 
 shall be appointed by the State Superintendent, except as 
 otherwise provided in paragraph (2) of this subsection (i) 
 and include the following members: 
   (A) Two appointees that represent district 
 superintendents, recommended by a statewide 
 organization that represents district superintendents.
   (B) Two appointees that represent school boards, 
 recommended by a statewide organization that 
 represents school boards.
   (C) Two appointees from districts that represent 
 school business officials, recommended by a statewide 
 organization that represents school business 
 officials.
   (D) Two appointees that represent school 
 principals, recommended by a statewide organization 
 that represents school principals.
   (E) Two appointees that represent teachers, 
 recommended by a statewide organization that 
 represents teachers.
   (F) Two appointees that represent teachers, 
 recommended by another statewide organization that 
 represents teachers.
   (G) Two appointees that represent regional 
 superintendents of schools, recommended by 
 organizations that represent regional superintendents.
   (H) Two independent experts selected solely by the 
 State Superintendent.
   (I) Two independent experts recommended by public 
 universities in this State.
   (J) One member recommended by a statewide 
 organization that represents parents.
   (K) Two representatives recommended by collective 
 impact organizations that represent major metropolitan 
 areas or geographic areas in Illinois.
   (L) One member from a statewide organization 
 focused on research-based education policy to support 
 a school system that prepares all students for 
 college, a career, and democratic citizenship. 
   (M) One representative from a school district 
 organized under Article 34 of this Code. 
  The State Superintendent shall ensure that the 
 membership of the Panel includes representatives from 
 school districts and communities reflecting the 
 geographic, socio-economic, racial, and ethnic diversity 
 of this State. The State Superintendent shall additionally 
 ensure that the membership of the Panel includes 
 representatives with expertise in bilingual education and 
 special education. Staff from the State Board shall staff 
 the Panel. 
  (2) In addition to those Panel members appointed by 
 the State Superintendent, 4 members of the General 
 Assembly shall be appointed as follows: one member of the 
 House of Representatives appointed by the Speaker of the 
 House of Representatives, one member of the Senate 
 appointed by the President of the Senate, one member of 
 the House of Representatives appointed by the Minority 
 Leader of the House of Representatives, and one member of 
 the Senate appointed by the Minority Leader of the Senate. 
 There shall be one additional member appointed by the 
 Governor. All members appointed by legislative leaders or 
 the Governor shall be non-voting, ex officio members.
  (3) The Panel must study topics at the direction of 
 the General Assembly or State Board of Education, as 
 provided under paragraph (1). The Panel may also study the 
 following topics at the direction of the chairperson: 
   (A) The format and scope of annual spending plans 
 referenced in paragraph (9) of subsection (h) of this 
 Section.
   (B) The Comparable Wage Index under this Section.
   (C) Maintenance and operations, including capital 
 maintenance and construction costs.
   (D) "At-risk student" definition.
   (E) Benefits.
   (F) Technology.
   (G) Local Capacity Target.
   (H) Funding for Alternative Schools, Laboratory 
 Schools, safe schools, and alternative learning 
 opportunities programs.
   (I) Funding for college and career acceleration 
 strategies.
   (J) Special education investments. 
   (K) Early childhood investments, in collaboration 
 with the Illinois Early Learning Council.
  (4) (Blank). 
  (5) Within 5 years after the implementation of this 
 Section, and every 5 years thereafter, the Panel shall 
 complete an evaluative study of the entire Evidence-Based 
 Funding model, including an assessment of whether or not 
 the formula is achieving State goals. The Panel shall 
 report to the State Board, the General Assembly, and the 
 Governor on the findings of the study.
  (6) (Blank). 
  (7) To ensure that (i) the Adequacy Target calculation 
 under subsection (b) accurately reflects the needs of 
 students living in poverty or attending schools located in 
 areas of high poverty, (ii) racial equity within the 
 Evidence-Based Funding formula is explicitly explored and 
 advanced, and (iii) the funding goals of the formula 
 distribution system established under this Section are 
 sufficient to provide adequate funding for every student 
 and to fully fund every school in this State, the Panel 
 shall review the Essential Elements under paragraph (2) of 
 subsection (b). The Panel shall consider all of the 
 following in its review:
   (A) The financial ability of school districts to 
 provide instruction in a foreign language to every 
 student and whether an additional Essential Element 
 should be added to the formula to ensure that every 
 student has access to instruction in a foreign 
 language.
   (B) The adult-to-student ratio for each Essential 
 Element in which a ratio is identified. The Panel 
 shall consider whether the ratio accurately reflects 
 the staffing needed to support students living in 
 poverty or who have traumatic backgrounds.
   (C) Changes to the Essential Elements that may be 
 required to better promote racial equity and eliminate 
 structural racism within schools.
   (D) The impact of investing $350,000,000 in 
 additional funds each year under this Section and an 
 estimate of when the school system will become fully 
 funded under this level of appropriation.
   (E) Provide an overview of alternative funding 
 structures that would enable the State to become fully 
 funded at an earlier date.
   (F) The potential to increase efficiency and to 
 find cost savings within the school system to expedite 
 the journey to a fully funded system.
   (G) The appropriate levels for reenrolling and 
 graduating high-risk high school students who have 
 been previously out of school. These outcomes shall 
 include enrollment, attendance, skill gains, credit 
 gains, graduation or promotion to the next grade 
 level, and the transition to college, training, or 
 employment, with an emphasis on progressively 
 increasing the overall attendance.
   (H) The evidence-based or research-based practices 
 that are shown to reduce the gaps and disparities 
 experienced by African American students in academic 
 achievement and educational performance, including 
 practices that have been shown to reduce disparities 
 parities in disciplinary rates, drop-out rates, 
 graduation rates, college matriculation rates, and 
 college completion rates. 
  On or before December 31, 2021, the Panel shall report 
 to the State Board, the General Assembly, and the Governor 
 on the findings of its review. This paragraph (7) is 
 inoperative on and after July 1, 2022.
 (j) References. Beginning July 1, 2017, references in 
other laws to general State aid funds or calculations under 
Section 18-8.05 of this Code (now repealed) shall be deemed to 
be references to evidence-based model formula funds or 
calculations under this Section. 

(Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19; 
101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff. 
6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; revised 
10-12-21.)

 (105 ILCS 5/21A-25.5)
 Sec. 21A-25.5. Teaching Induction and Mentoring Advisory 
Group.
 (a) The State Board of Education shall create a Teaching 
Induction and Mentoring Advisory Group. Members of the 
Advisory Group must represent the diversity of this State and 
possess the expertise needed to perform the work required to 
meet the goals of the programs set forth under Section 21A-20.
 (b) The members of the Advisory Group shall be by 
appointed by the State Superintendent of Education and shall 
include all of the following members:
  (1) Four members representing teachers recommended by 
 a statewide professional teachers' organization.
  (2) Four members representing teachers recommended by 
 a different statewide professional teachers' organization.
  (3) Two members representing principals recommended by 
 a statewide organization that represents principals.
  (4) One member representing district superintendents 
 recommended by a statewide organization that represents 
 district superintendents.
  (5) One member representing regional superintendents 
 of schools recommended by a statewide association that 
 represents regional superintendents of schools.
  (6) One member representing a State-approved educator 
 preparation program at an Illinois institution of higher 
 education recommended by the institution of higher 
 education.
 The majority of the membership of the Advisory Group shall 
consist of practicing teachers. 
 (c) The Advisory Group is responsible for approving any 
changes made to the standards established under Section 
21A-20.5. 

(Source: P.A. 102-521, eff. 8-20-21; revised 11-29-21.)



 (105 ILCS 5/22-30)



 Sec. 22-30. Self-administration and self-carry of asthma 
medication and epinephrine injectors; administration of 
undesignated epinephrine injectors; administration of an 
opioid antagonist; administration of undesignated asthma 
medication; asthma episode emergency response protocol.

 (a) For the purpose of this Section only, the following 
terms shall have the meanings set forth below:

 "Asthma action plan" means a written plan developed with a 
pupil's medical provider to help control the pupil's asthma. 
The goal of an asthma action plan is to reduce or prevent 
flare-ups and emergency department visits through day-to-day 
management and to serve as a student-specific document to be 
referenced in the event of an asthma episode.
 "Asthma episode emergency response protocol" means a 
procedure to provide assistance to a pupil experiencing 
symptoms of wheezing, coughing, shortness of breath, chest 
tightness, or breathing difficulty.
 "Epinephrine injector" includes an auto-injector approved 
by the United States Food and Drug Administration for the 
administration of epinephrine and a pre-filled syringe 
approved by the United States Food and Drug Administration and 
used for the administration of epinephrine that contains a 
pre-measured dose of epinephrine that is equivalent to the 
dosages used in an auto-injector. 
 "Asthma medication" means quick-relief asthma medication, 
including albuterol or other short-acting bronchodilators, 
that is approved by the United States Food and Drug 
Administration for the treatment of respiratory distress. 
"Asthma medication" includes medication delivered through a 
device, including a metered dose inhaler with a reusable or 
disposable spacer or a nebulizer with a mouthpiece or mask.

 "Opioid antagonist" means a drug that binds to opioid 
receptors and blocks or inhibits the effect of opioids acting 
on those receptors, including, but not limited to, naloxone 
hydrochloride or any other similarly acting drug approved by 
the U.S. Food and Drug Administration. 
 "Respiratory distress" means the perceived or actual 
presence of wheezing, coughing, shortness of breath, chest 
tightness, breathing difficulty, or any other symptoms 
consistent with asthma. Respiratory distress may be 
categorized as "mild-to-moderate" or "severe". 
 "School nurse" means a registered nurse working in a 
school with or without licensure endorsed in school nursing. 
 "Self-administration" means a pupil's discretionary use of 
his or
her prescribed asthma medication or epinephrine 
injector.

 "Self-carry" means a pupil's ability to carry his or her 
prescribed asthma medication or epinephrine injector.
 "Standing protocol" may be issued by (i) a physician 
licensed to practice medicine in all its branches, (ii) a 
licensed physician assistant with prescriptive authority, or 
(iii) a licensed advanced practice registered nurse with 
prescriptive authority. 
 "Trained personnel" means any school employee or volunteer 
personnel authorized in Sections 10-22.34, 10-22.34a, and 
10-22.34b of this Code who has completed training under 
subsection (g) of this Section to recognize and respond to 
anaphylaxis, an opioid overdose, or respiratory distress.
 "Undesignated asthma medication" means asthma medication 
prescribed in the name of a school district, public school, 
charter school, or nonpublic school.
 "Undesignated epinephrine injector" means an epinephrine 
injector prescribed in the name of a school district, public 
school, charter school, or nonpublic school. 
 (b) A school, whether public, charter, or nonpublic, must 
permit the
self-administration and self-carry of asthma

medication by a pupil with asthma or the self-administration 
and self-carry of an epinephrine injector by a pupil, provided 
that:

  (1) the parents or
guardians of the pupil provide to 
 the school (i) written
authorization from the parents or 
 guardians for (A) the self-administration and self-carry 
 of asthma medication or (B) the self-carry of asthma 
 medication or (ii) for (A) the self-administration and 
 self-carry of an epinephrine injector or (B) the 
 self-carry of an epinephrine injector, written 
 authorization from the pupil's physician, physician 
 assistant, or advanced practice registered nurse; and

  (2) the
parents or guardians of the pupil provide to 
 the school (i) the prescription label, which must contain 
 the name of the asthma medication, the prescribed dosage, 
 and the time at which or circumstances under which the 
 asthma medication is to be administered, or (ii) for the 
 self-administration or self-carry of an epinephrine 
 injector, a
written
statement from the pupil's physician, 
 physician assistant, or advanced practice registered
nurse 
 containing
the following information:

   (A) the name and purpose of the epinephrine 
 injector;

   (B) the prescribed dosage; and

   (C) the time or times at which or the special 
 circumstances
under which the epinephrine injector is 
 to be administered.

The information provided shall be kept on file in the office of 
the school
nurse or,
in the absence of a school nurse, the 
school's administrator.

 (b-5) A school district, public school, charter school, or 
nonpublic school may authorize the provision of a 
student-specific or undesignated epinephrine injector to a 
student or any personnel authorized under a student's 
Individual Health Care Action Plan, Illinois Food Allergy 
Emergency Action Plan and Treatment Authorization Form, or 
plan pursuant to Section 504 of the federal Rehabilitation Act 
of 1973 to administer an epinephrine injector to the student, 
that meets the student's prescription on file.
 (b-10) The school district, public school, charter school, 
or nonpublic school may authorize a school nurse or trained 
personnel to do the following: (i) provide an undesignated 
epinephrine injector to a student for self-administration only 
or any personnel authorized under a student's Individual 
Health Care Action Plan, Illinois Food Allergy Emergency 
Action Plan and Treatment Authorization Form, plan pursuant to 
Section 504 of the federal Rehabilitation Act of 1973, or 
individualized education program plan to administer to the 
student that meets the student's prescription on file; (ii) 
administer an undesignated epinephrine injector that meets the 
prescription on file to any student who has an Individual 
Health Care Action Plan, Illinois Food Allergy Emergency 
Action Plan and Treatment Authorization Form, plan pursuant to 
Section 504 of the federal Rehabilitation Act of 1973, or 
individualized education program plan that authorizes the use 
of an epinephrine injector; (iii) administer an undesignated 
epinephrine injector to any person that the school nurse or 
trained personnel in good faith believes is having an 
anaphylactic reaction; (iv) administer an opioid antagonist to 
any person that the school nurse or trained personnel in good 
faith believes is having an opioid overdose; (v) provide 
undesignated asthma medication to a student for 
self-administration only or to any personnel authorized under 
a student's Individual Health Care Action Plan or asthma 
action plan, plan pursuant to Section 504 of the federal 
Rehabilitation Act of 1973, or individualized education 
program plan to administer to the student that meets the 
student's prescription on file; (vi) administer undesignated 
asthma medication that meets the prescription on file to any 
student who has an Individual Health Care Action Plan or 
asthma action plan, plan pursuant to Section 504 of the 
federal Rehabilitation Act of 1973, or individualized 
education program plan that authorizes the use of asthma 
medication; and (vii) administer undesignated asthma 
medication to any person that the school nurse or trained 
personnel believes in good faith is having respiratory 
distress. 
 (c) The school district, public school, charter school, or 
nonpublic school must inform the parents or
guardians of the

pupil, in writing, that the school district, public school, 
charter school, or nonpublic school and its
employees and

agents, including a physician, physician assistant, or 
advanced practice registered nurse providing standing protocol 
and a prescription for school epinephrine injectors, an opioid 
antagonist, or undesignated asthma medication,
are to incur no 
liability or professional discipline, except for willful and 
wanton conduct, as a result
of any injury arising from the

administration of asthma medication, an epinephrine injector, 
or an opioid antagonist regardless of whether authorization 
was given by the pupil's parents or guardians or by the pupil's 
physician, physician assistant, or advanced practice 
registered nurse. The parents or guardians
of the pupil must 
sign a statement acknowledging that the school district, 
public school, charter school,
or nonpublic school and its 
employees and agents are to incur no liability, except for 
willful and wanton
conduct, as a result of any injury arising

from the
administration of asthma medication, an epinephrine 
injector, or an opioid antagonist regardless of whether 
authorization was given by the pupil's parents or guardians or 
by the pupil's physician, physician assistant, or advanced 
practice registered nurse and that the parents or
guardians 
must indemnify and hold harmless the school district, public 
school, charter school, or nonpublic
school and
its
employees 
and agents against any claims, except a claim based on willful 
and
wanton conduct, arising out of the
administration of 
asthma medication, an epinephrine injector, or an opioid 
antagonist regardless of whether authorization was given by 
the pupil's parents or guardians or by the pupil's physician, 
physician assistant, or advanced practice registered nurse.
 (c-5) When a school nurse or trained personnel administers 
an undesignated epinephrine injector to a person whom the 
school nurse or trained personnel in good faith believes is 
having an anaphylactic reaction, administers an opioid 
antagonist to a person whom the school nurse or trained 
personnel in good faith believes is having an opioid overdose, 
or administers undesignated asthma medication to a person whom 
the school nurse or trained personnel in good faith believes 
is having respiratory distress, notwithstanding the lack of 
notice to the parents or guardians of the pupil or the absence 
of the parents or guardians signed statement acknowledging no 
liability, except for willful and wanton conduct, the school 
district, public school, charter school, or nonpublic school 
and its employees and agents, and a physician, a physician 
assistant, or an advanced practice registered nurse providing 
standing protocol and a prescription for undesignated 
epinephrine injectors, an opioid antagonist, or undesignated 
asthma medication, are to incur no liability or professional 
discipline, except for willful and wanton conduct, as a result 
of any injury arising from the use of an undesignated 
epinephrine injector, the use of an opioid antagonist, or the 
use of undesignated asthma medication, regardless of whether 
authorization was given by the pupil's parents or guardians or 
by the pupil's physician, physician assistant, or advanced 
practice registered nurse.

 (d) The permission for self-administration and self-carry 
of asthma medication or the self-administration and self-carry 
of an epinephrine injector is effective
for the school year 
for which it is granted and shall be renewed each
subsequent 
school year upon fulfillment of the requirements of this

Section.

 (e) Provided that the requirements of this Section are 
fulfilled, a
pupil with asthma may self-administer and 
self-carry his or her asthma medication or a pupil may 
self-administer and self-carry an epinephrine injector (i) 
while in
school, (ii) while at a school-sponsored activity, 
(iii) while under the
supervision of
school personnel, or (iv) 
before or after normal school activities, such
as while in 
before-school or after-school care on school-operated
property 
or while being transported on a school bus.

 (e-5) Provided that the requirements of this Section are 
fulfilled, a school nurse or trained personnel may administer 
an undesignated epinephrine injector to any person whom the 
school nurse or trained personnel in good faith believes to be 
having an anaphylactic reaction (i) while in school, (ii) 
while at a school-sponsored activity, (iii) while under the 
supervision of school personnel, or (iv) before or after 
normal school activities, such
as while in before-school or 
after-school care on school-operated property or while being 
transported on a school bus. A school nurse or trained 
personnel may carry undesignated epinephrine injectors on his 
or her person while in school or at a school-sponsored 
activity. 
 (e-10) Provided that the requirements of this Section are 
fulfilled, a school nurse or trained personnel may administer 
an opioid antagonist to any person whom the school nurse or 
trained personnel in good faith believes to be having an 
opioid overdose (i) while in school, (ii) while at a 
school-sponsored activity, (iii) while under the supervision 
of school personnel, or (iv) before or after normal school 
activities, such as while in before-school or after-school 
care on school-operated property. A school nurse or trained 
personnel may carry an opioid antagonist on his or her person 
while in school or at a school-sponsored activity. 
 (e-15) If the requirements of this Section are met, a 
school nurse or trained personnel may administer undesignated 
asthma medication to any person whom the school nurse or 
trained personnel in good faith believes to be experiencing 
respiratory distress (i) while in school, (ii) while at a 
school-sponsored activity, (iii) while under the supervision 
of school personnel, or (iv) before or after normal school 
activities, including before-school or after-school care on 
school-operated property. A school nurse or trained personnel 
may carry undesignated asthma medication on his or her person 
while in school or at a school-sponsored activity. 
 (f) The school district, public school, charter school, or 
nonpublic school may maintain a supply of undesignated 
epinephrine injectors in any secure location that is 
accessible before, during, and after school where an allergic 
person is most at risk, including, but not limited to, 
classrooms and lunchrooms. A physician, a physician assistant 
who has prescriptive authority in accordance with Section 7.5 
of the Physician Assistant Practice Act of 1987, or an 
advanced practice registered nurse who has prescriptive 
authority in accordance with Section 65-40 of the Nurse 
Practice Act may prescribe undesignated epinephrine injectors 
in the name of the school district, public school, charter 
school, or nonpublic school to be maintained for use when 
necessary. Any supply of epinephrine injectors shall be 
maintained in accordance with the manufacturer's instructions.
 The school district, public school, charter school, or 
nonpublic school may maintain a supply of an opioid antagonist 
in any secure location where an individual may have an opioid 
overdose. A health care professional who has been delegated 
prescriptive authority for opioid antagonists in accordance 
with Section 5-23 of the Substance Use Disorder Act may 
prescribe opioid antagonists in the name of the school 
district, public school, charter school, or nonpublic school, 
to be maintained for use when necessary. Any supply of opioid 
antagonists shall be maintained in accordance with the 
manufacturer's instructions. 
 The school district, public school, charter school, or 
nonpublic school may maintain a supply of asthma medication in 
any secure location that is accessible before, during, or 
after school where a person is most at risk, including, but not 
limited to, a classroom or the nurse's office. A physician, a 
physician assistant who has prescriptive authority under 
Section 7.5 of the Physician Assistant Practice Act of 1987, 
or an advanced practice registered nurse who has prescriptive 
authority under Section 65-40 of the Nurse Practice Act may 
prescribe undesignated asthma medication in the name of the 
school district, public school, charter school, or nonpublic 
school to be maintained for use when necessary. Any supply of 
undesignated asthma medication must be maintained in 
accordance with the manufacturer's instructions. 
 (f-3) Whichever entity initiates the process of obtaining 
undesignated epinephrine injectors and providing training to 
personnel for carrying and administering undesignated 
epinephrine injectors shall pay for the costs of the 
undesignated epinephrine injectors.
 (f-5) Upon any administration of an epinephrine injector, 
a school district, public school, charter school, or nonpublic 
school must immediately activate the EMS system and notify the 
student's parent, guardian, or emergency contact, if known.
 Upon any administration of an opioid antagonist, a school 
district, public school, charter school, or nonpublic school 
must immediately activate the EMS system and notify the 
student's parent, guardian, or emergency contact, if known. 
 (f-10) Within 24 hours of the administration of an 
undesignated epinephrine injector, a school district, public 
school, charter school, or nonpublic school must notify the 
physician, physician assistant, or advanced practice 
registered nurse who provided the standing protocol and a 
prescription for the undesignated epinephrine injector of its 
use. 
 Within 24 hours after the administration of an opioid 
antagonist, a school district, public school, charter school, 
or nonpublic school must notify the health care professional 
who provided the prescription for the opioid antagonist of its 
use. 
 Within 24 hours after the administration of undesignated 
asthma medication, a school district, public school, charter 
school, or nonpublic school must notify the student's parent 
or guardian or emergency contact, if known, and the physician, 
physician assistant, or advanced practice registered nurse who 
provided the standing protocol and a prescription for the 
undesignated asthma medication of its use. The district or 
school must follow up with the school nurse, if available, and 
may, with the consent of the child's parent or guardian, 
notify the child's health care provider of record, as 
determined under this Section, of its use. 
 (g) Prior to the administration of an undesignated 
epinephrine injector, trained personnel must submit to the 
school's administration proof of completion of a training 
curriculum to recognize and respond to anaphylaxis that meets 
the requirements of subsection (h) of this Section. Training 
must be completed annually. The school district, public 
school, charter school, or nonpublic school must maintain 
records related to the training curriculum and trained 
personnel.
 Prior to the administration of an opioid antagonist, 
trained personnel must submit to the school's administration 
proof of completion of a training curriculum to recognize and 
respond to an opioid overdose, which curriculum must meet the 
requirements of subsection (h-5) of this Section. Training 
must be completed annually. Trained personnel must also submit 
to the school's administration proof of cardiopulmonary 
resuscitation and automated external defibrillator 
certification. The school district, public school, charter 
school, or nonpublic school must maintain records relating to 
the training curriculum and the trained personnel. 
 Prior to the administration of undesignated asthma 
medication, trained personnel must submit to the school's 
administration proof of completion of a training curriculum to 
recognize and respond to respiratory distress, which must meet 
the requirements of subsection (h-10) of this Section. 
Training must be completed annually, and the school district, 
public school, charter school, or nonpublic school must 
maintain records relating to the training curriculum and the 
trained personnel. 
 (h) A training curriculum to recognize and respond to 
anaphylaxis, including the administration of an undesignated 
epinephrine injector, may be conducted online or in person.
 Training shall include, but is not limited to:
  (1) how to recognize signs and symptoms of an allergic 
 reaction, including anaphylaxis;
  (2) how to administer an epinephrine injector; and
  (3) a test demonstrating competency of the knowledge 
 required to recognize anaphylaxis and administer an 
 epinephrine injector.
 Training may also include, but is not limited to:
  (A) a review of high-risk areas within a school and 
 its related facilities;
  (B) steps to take to prevent exposure to allergens;
  (C) emergency follow-up procedures, including the 
 importance of calling 9-1-1 or, if 9-1-1 is not available, 
 other local emergency medical services;
  (D) how to respond to a student with a known allergy, 
 as well as a student with a previously unknown allergy;
  (E) other criteria as determined in rules adopted 
 pursuant to this Section; and
  (F) any policy developed by the State Board of 
 Education under Section 2-3.190 2-3.182.
 In consultation with statewide professional organizations 
representing physicians licensed to practice medicine in all 
of its branches, registered nurses, and school nurses, the 
State Board of Education shall make available resource 
materials consistent with criteria in this subsection (h) for 
educating trained personnel to recognize and respond to 
anaphylaxis. The State Board may take into consideration the 
curriculum on this subject developed by other states, as well 
as any other curricular materials suggested by medical experts 
and other groups that work on life-threatening allergy issues. 
The State Board is not required to create new resource 
materials. The State Board shall make these resource materials 
available on its Internet website.
 (h-5) A training curriculum to recognize and respond to an 
opioid overdose, including the administration of an opioid 
antagonist, may be conducted online or in person. The training 
must comply with any training requirements under Section 5-23 
of the Substance Use Disorder Act and the corresponding rules. 
It must include, but is not limited to:
  (1) how to recognize symptoms of an opioid overdose;
  (2) information on drug overdose prevention and 
 recognition;
  (3) how to perform rescue breathing and resuscitation;
  (4) how to respond to an emergency involving an opioid 
 overdose;
  (5) opioid antagonist dosage and administration;
  (6) the importance of calling 9-1-1 or, if 9-1-1 is 
 not available, other local emergency medical services;
  (7) care for the overdose victim after administration 
 of the overdose antagonist;
  (8) a test demonstrating competency of the knowledge 
 required to recognize an opioid overdose and administer a 
 dose of an opioid antagonist; and
  (9) other criteria as determined in rules adopted 
 pursuant to this Section. 
 (h-10) A training curriculum to recognize and respond to 
respiratory distress, including the administration of 
undesignated asthma medication, may be conducted online or in 
person. The training must include, but is not limited to:
  (1) how to recognize symptoms of respiratory distress 
 and how to distinguish respiratory distress from 
 anaphylaxis;
  (2) how to respond to an emergency involving 
 respiratory distress;
  (3) asthma medication dosage and administration;
  (4) the importance of calling 9-1-1 or, if 9-1-1 is 
 not available, other local emergency medical services;
  (5) a test demonstrating competency of the knowledge 
 required to recognize respiratory distress and administer 
 asthma medication; and
  (6) other criteria as determined in rules adopted 
 under this Section. 
 (i) Within 3 days after the administration of an 
undesignated epinephrine injector by a school nurse, trained 
personnel, or a student at a school or school-sponsored 
activity, the school must report to the State Board of 
Education in a form and manner prescribed by the State Board 
the following information:
  (1) age and type of person receiving epinephrine 
 (student, staff, visitor);
  (2) any previously known diagnosis of a severe 
 allergy;
  (3) trigger that precipitated allergic episode;
  (4) location where symptoms developed;
  (5) number of doses administered;
  (6) type of person administering epinephrine (school 
 nurse, trained personnel, student); and
  (7) any other information required by the State Board.
 If a school district, public school, charter school, or 
nonpublic school maintains or has an independent contractor 
providing transportation to students who maintains a supply of 
undesignated epinephrine injectors, then the school district, 
public school, charter school, or nonpublic school must report 
that information to the State Board of Education upon adoption 
or change of the policy of the school district, public school, 
charter school, nonpublic school, or independent contractor, 
in a manner as prescribed by the State Board. The report must 
include the number of undesignated epinephrine injectors in 
supply.
 (i-5) Within 3 days after the administration of an opioid 
antagonist by a school nurse or trained personnel, the school 
must report to the State Board of Education, in a form and 
manner prescribed by the State Board, the following 
information:
  (1) the age and type of person receiving the opioid 
 antagonist (student, staff, or visitor);
  (2) the location where symptoms developed;
  (3) the type of person administering the opioid 
 antagonist (school nurse or trained personnel); and
  (4) any other information required by the State Board. 
 (i-10) Within 3 days after the administration of 
undesignated asthma medication by a school nurse, trained 
personnel, or a student at a school or school-sponsored 
activity, the school must report to the State Board of 
Education, on a form and in a manner prescribed by the State 
Board of Education, the following information:
  (1) the age and type of person receiving the asthma 
 medication (student, staff, or visitor);
  (2) any previously known diagnosis of asthma for the 
 person;
  (3) the trigger that precipitated respiratory 
 distress, if identifiable;
  (4) the location of where the symptoms developed;
  (5) the number of doses administered;
  (6) the type of person administering the asthma 
 medication (school nurse, trained personnel, or student);
  (7) the outcome of the asthma medication 
 administration; and
  (8)
any other information required by the State Board. 
 (j) By October 1, 2015 and every year thereafter, the 
State Board of Education shall submit a report to the General 
Assembly identifying the frequency and circumstances of 
undesignated epinephrine and undesignated asthma medication 
administration during the preceding academic year. Beginning 
with the 2017 report, the report shall also contain 
information on which school districts, public schools, charter 
schools, and nonpublic schools maintain or have independent 
contractors providing transportation to students who maintain 
a supply of undesignated epinephrine injectors. This report 
shall be published on the State Board's Internet website on 
the date the report is delivered to the General Assembly.
 (j-5) Annually, each school district, public school, 
charter school, or nonpublic school shall request an asthma 
action plan from the parents or guardians of a pupil with 
asthma. If provided, the asthma action plan must be kept on 
file in the office of the school nurse or, in the absence of a 
school nurse, the school administrator. Copies of the asthma 
action plan may be distributed to appropriate school staff who 
interact with the pupil on a regular basis, and, if 
applicable, may be attached to the pupil's federal Section 504 
plan or individualized education program plan.
 (j-10) To assist schools with emergency response 
procedures for asthma, the State Board of Education, in 
consultation with statewide professional organizations with 
expertise in asthma management and a statewide organization 
representing school administrators, shall develop a model 
asthma episode emergency response protocol before September 1, 
2016. Each school district, charter school, and nonpublic 
school shall adopt an asthma episode emergency response 
protocol before January 1, 2017 that includes all of the 
components of the State Board's model protocol.
 (j-15) Every 2 years, school personnel who work with 
pupils shall complete an in-person or online training program 
on the management of asthma, the prevention of asthma 
symptoms, and emergency response in the school setting. In 
consultation with statewide professional organizations with 
expertise in asthma management, the State Board of Education 
shall make available resource materials for educating school 
personnel about asthma and emergency response in the school 
setting.
 (j-20) On or before October 1, 2016 and every year 
thereafter, the State Board of Education shall submit a report 
to the General Assembly and the Department of Public Health 
identifying the frequency and circumstances of opioid 
antagonist administration during the preceding academic year. 
This report shall be published on the State Board's Internet 
website on the date the report is delivered to the General 
Assembly. 
 (k) The State Board of Education may adopt rules necessary 
to implement this Section. 
 (l) Nothing in this Section shall limit the amount of 
epinephrine injectors that any type of school or student may 
carry or maintain a supply of.
(Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21; 
revised 11-9-21.)


 (105 ILCS 5/22-90)
 (Section scheduled to be repealed on February 1, 2023)
 Sec. 22-90. Whole Child Task Force.
 (a) The General Assembly makes all of the following 
findings: 
  (1) The COVID-19 pandemic has exposed systemic 
 inequities in American society. Students, educators, and 
 families throughout this State have been deeply affected 
 by the pandemic, and the impact of the pandemic will be 
 felt for years to come. The negative consequences of the 
 pandemic have impacted students and communities 
 differently along the lines of race, income, language, and 
 special needs. However, students in this State faced 
 significant unmet physical health, mental health, and 
 social and emotional needs even prior to the pandemic. 
  (2) The path to recovery requires a commitment from 
 adults in this State to address our students cultural, 
 physical, emotional, and mental health needs and to 
 provide them with stronger and increased systemic support 
 and intervention.
  (3) It is well documented that trauma and toxic stress 
 diminish a child's ability to thrive. Forms of childhood 
 trauma and toxic stress include adverse childhood 
 experiences, systemic racism, poverty, food and housing 
 insecurity, and gender-based violence. The COVID-19 
 pandemic has exacerbated these issues and brought them 
 into focus.
  (4) It is estimated that, overall, approximately 40% 
 of children in this State have experienced at least one 
 adverse childhood experience and approximately 10% have 
 experienced 3 or more adverse childhood experiences. 
 However, the number of adverse childhood experiences is 
 higher for Black and Hispanic children who are growing up 
 in poverty. The COVID-19 pandemic has amplified the number 
 of students who have experienced childhood trauma. Also, 
 the COVID-19 pandemic has highlighted preexisting 
 inequities in school disciplinary practices that 
 disproportionately impact Black and Brown students. 
 Research shows, for example, that girls of color are 
 disproportionately impacted by trauma, adversity, and 
 abuse, and instead of receiving the care and 
 trauma-informed support they may need, many Black girls in 
 particular face disproportionately harsh disciplinary 
 measures.
  (5) The cumulative effects of trauma and toxic stress 
 adversely impact the physical health of students, as well 
 as their ability to learn, form relationships, and 
 self-regulate. If left unaddressed, these effects increase 
 a student's risk for depression, alcoholism, anxiety, 
 asthma, smoking, and suicide, all of which are risks that 
 disproportionately affect Black youth and may lead to a 
 host of medical diseases as an adult. Access to infant and 
 early childhood mental health services is critical to 
 ensure the social and emotional well-being of this State's 
 youngest children, particularly those children who have 
 experienced trauma.
  (6) Although this State enacted measures through 
 Public Act 100-105 to address the high rate of early care 
 and preschool expulsions of infants, toddlers, and 
 preschoolers and the disproportionately higher rate of 
 expulsion for Black and Hispanic children, a recent study 
 found a wide variation in the awareness, understanding, 
 and compliance with the law by providers of early 
 childhood care. Further work is needed to implement the 
 law, which includes providing training to early childhood 
 care providers to increase their understanding of the law, 
 increasing the availability and access to infant and early 
 childhood mental health services, and building aligned 
 data collection systems to better understand expulsion 
 rates and to allow for accurate reporting as required by 
 the law. 
  (7) Many educators and schools in this State have 
 embraced and implemented evidenced-based restorative 
 justice and trauma-responsive and culturally relevant 
 practices and interventions. However, the use of these 
 interventions on students is often isolated or is 
 implemented occasionally and only if the school has the 
 appropriate leadership, resources, and partners available 
 to engage seriously in this work. It would be malpractice 
 to deny our students access to these practices and 
 interventions, especially in the aftermath of a 
 once-in-a-century pandemic.
 (b) The Whole Child Task Force is created for the purpose 
of establishing an equitable, inclusive, safe, and supportive 
environment in all schools for every student in this State. 
The task force shall have all of the following goals, which 
means key steps have to be taken to ensure that every child in 
every school in this State has access to teachers, social 
workers, school leaders, support personnel, and others who 
have been trained in evidenced-based interventions and 
restorative practices: 
  (1) To create a common definition of a 
 trauma-responsive school, a trauma-responsive district, 
 and a trauma-responsive community.
  (2) To outline the training and resources required to 
 create and sustain a system of support for 
 trauma-responsive schools, districts, and communities and 
 to identify this State's role in that work, including 
 recommendations concerning options for redirecting 
 resources from school resource officers to classroom-based 
 support.
  (3) To identify or develop a process to conduct an 
 analysis of the organizations that provide training in 
 restorative practices, implicit bias, anti-racism, and 
 trauma-responsive systems, mental health services, and 
 social and emotional services to schools.
  (4) To provide recommendations concerning the key data 
 to be collected and reported to ensure that this State has 
 a full and accurate understanding of the progress toward 
 ensuring that all schools, including programs and 
 providers of care to pre-kindergarten children, employ 
 restorative, anti-racist, and trauma-responsive 
 strategies and practices. The data collected must include 
 information relating to the availability of trauma 
 responsive support structures in schools as well as 
 disciplinary practices employed on students in person or 
 through other means, including during remote or blended 
 learning. It should also include information on the use 
 of, and funding for, school resource officers and other 
 similar police personnel in school programs.
  (5) To recommend an implementation timeline, including 
 the key roles, responsibilities, and resources to advance 
 this State toward a system in which every school, 
 district, and community is progressing toward becoming 
 trauma-responsive.
  (6) To seek input and feedback from stakeholders, 
 including parents, students, and educators, who reflect 
 the diversity of this State. 
  (7) To recommend legislation, policies, and practices 
 to prevent learning loss in students during periods of 
 suspension and expulsion, including, but not limited to, 
 remote instruction.
 (c) Members of the Whole Child Task Force shall be 
appointed by the State Superintendent of Education. Members of 
this task force must represent the diversity of this State and 
possess the expertise needed to perform the work required to 
meet the goals of the task force set forth under subsection 
(a). Members of the task force shall include all of the 
following: 
  (1) One member of a statewide professional teachers' 
 organization.
  (2) One member of another statewide professional 
 teachers' organization.
  (3) One member who represents a school district 
 serving a community with a population of 500,000 or more.
  (4) One member of a statewide organization 
 representing social workers.
  (5) One member of an organization that has specific 
 expertise in trauma-responsive school practices and 
 experience in supporting schools in developing 
 trauma-responsive and restorative practices.
  (6) One member of another organization that has 
 specific expertise in trauma-responsive school practices 
 and experience in supporting schools in developing 
 trauma-responsive and restorative practices.
  (7) One member of a statewide organization that 
 represents school administrators.
  (8) One member of a statewide policy organization that 
 works to build a healthy public education system that 
 prepares all students for a successful college, career, 
 and civic life.
  (9) One member of a statewide organization that brings

 teachers together to identify and address issues
critical 
 to student success.
  (10) One member of the General Assembly recommended by 
 the President of the Senate.
  (11) One member of the General Assembly recommended by 
 the Speaker of the House of
Representatives.
  (12) One member of the General Assembly recommended by 
 the Minority Leader of the Senate.
  (13) One member of the General Assembly recommended by 
 the Minority Leader of the House of Representatives.
  (14) One member of a civil rights organization that 
 works actively on issues regarding student support.
  (15) One administrator from a school district that has 
 actively worked to develop a system of student support 
 that uses a trauma-informed lens.
  (16) One educator from a school district that has 
 actively worked to develop a system of student support 
 that uses a trauma-informed lens.
  (17) One member of a youth-led organization.
  (18) One member of an organization that has 
 demonstrated expertise in restorative practices. 
  (19) One member of a coalition of mental health and 
 school practitioners who assist schools in developing and 
 implementing trauma-informed and restorative strategies 
 and systems.
  (20) One member of an organization whose mission is to 
 promote the safety, health, and economic success of 
 children, youth, and families in this State.
  (21) One member who works or has worked as a 
 restorative justice coach or disciplinarian.
  (22) One member who works or has worked as a social 
 worker.
  (23) One member of the State Board of Education.
  (24) One member who represents a statewide principals' 
 organization.
  (25) One member who represents a statewide 
 organization of school boards. 
  (26) One member who has expertise in pre-kindergarten 
 education. 
  (27) One member who represents a school social worker 
 association. 
  (28) One member who represents an organization that 
 represents school districts in the south suburbs. 
  (29) One member who is a licensed clinical 
 psychologist who (A) has a doctor of philosophy in the 
 field of clinical psychology and has an appointment at an 
 independent free-standing children's hospital located in 
 Chicago, (B) serves as associate professor at a medical 
 school located in Chicago, and (C) serves as the clinical 
 director of a coalition of voluntary collaboration of 
 organizations that are committed to applying a trauma lens 
 to their efforts on behalf of families and children in the 
 State. 
  (30) One member who represents a west suburban school 
 district. 
  (31) One member from a governmental agency who has 
 expertise in child development and who is responsible for 
 coordinating early childhood mental health programs and 
 services.
  (32) One member who has significant expertise in early 
 childhood mental health and childhood trauma. 
  (33) One member who represents an organization that 
 represents school districts in the collar counties. 
  (34) (31) One member who represents an organization 
 representing regional offices of education. 
 (d) The Whole Child Task Force shall meet at the call of 
the State Superintendent of Education or his or her designee, 
who shall serve as the chairperson. The State Board of 
Education shall provide administrative and other support to 
the task force. Members of the task force shall serve without 
compensation.
 (e) The Whole Child Task Force shall submit a report of its 
findings and recommendations to the General Assembly, the 
Illinois Legislative Black Caucus, the State Board of 
Education, and the Governor on or before March 15, 2022. Upon 
submitting its report, the task force is dissolved. 
 (f) This Section is repealed on February 1, 2023. 

(Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21 
(See Section 5 of P.A. 102-671 for effective date of P.A. 
102-209); 102-635, eff. 11-30-21 (See Section 10 of P.A. 
102-671 for effective date of P.A. 102-635); 102-671, eff. 
11-30-21; revised 1-5-22.)



 (105 ILCS 5/22-91)


 Sec. 22-91 22-90. Modification of athletic or team 
uniform; nonpublic schools.
 (a) A nonpublic school recognized by the State Board of 
Education must allow a student athlete to modify his or her 
athletic or team uniform for the purpose of modesty in 
clothing or attire that is in accordance with the requirements 
of his or her religion or his or her cultural values or modesty 
preferences. The modification of the athletic or team uniform 
may include, but is not limited to, the wearing of a hijab, an 
undershirt, or leggings. If a student chooses to modify his or 
her athletic or team uniform the student is responsible for 
all costs associated with the modification of the uniform and 
the student shall not be required to receive prior approval 
from the school for such modification. However, nothing in 
this Section prohibits a school from providing the 
modification to the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface. 

(Source: P.A. 102-51, eff. 7-9-21; revised 11-9-21.)




 (105 ILCS 5/22-92)


 (This Section may contain text from a Public Act with a 
delayed effective date)
 Sec. 22-92 22-90. Absenteeism and truancy policy.
 (a) Each school district, charter school, or alternative 
school or any school receiving public funds shall develop and 
communicate to its students and their parent or guardian, on 
an annual basis, an absenteeism and truancy policy, including 
at least the following elements: 
  (1) A definition of a valid cause for absence in 
 accordance with Section 26-2a of this Code. 
  (2) A description of diagnostic procedures to be used 
 for identifying the causes of unexcused student 
 absenteeism, which shall, at a minimum, include interviews 
 with the student, his or her parent or guardian, and any 
 school officials who may have information about the 
 reasons for the student's attendance problem. 
  (3) The identification of supportive services to be 
 made available to truant or chronically truant students. 
 These services shall include, but need not be limited to, 
 parent conferences, student counseling, family counseling, 
 and information about existing community services that are 
 available to truant and chronically truant students and 
 relevant to their needs. 
  (4) Incorporation of the provisions relating to 
 chronic absenteeism in accordance with Section 26-18 of 
 this Code. 
 (b) The absenteeism and truancy policy must be updated 
every 2 years and filed with the State Board of Education and 
the regional superintendent of schools. 

(Source: P.A. 102-157, eff. 7-1-22; revised 11-9-21.)




 (105 ILCS 5/22-93)


 Sec. 22-93 22-90. School guidance counselor; gift ban.
 (a) In this Section:
 "Guidance counselor" means a person employed by a school 
district and working in a high school to offer students advice 
and assistance in making career or college plans.
 "Prohibited source" means any person who is employed by an 
institution of higher education or is an agent or spouse of or 
an immediate family member living with a person employed by an 
institution of higher education.
 "Relative" means an individual related to another as 
father, mother, son, daughter, brother, sister, uncle, aunt, 
great-aunt, great-uncle, first cousin, nephew, niece, husband, 
wife, grandfather, grandmother, grandson, granddaughter, 
father-in-law, mother-in-law, son-in-law, daughter-in-law, 
brother-in-law, sister-in-law, stepfather, stepmother, 
stepson, stepdaughter, stepbrother, stepsister, half brother, 
or half sister or the father, mother, grandfather, or 
grandmother of the individual's spouse or the individual's 
fiance or fiancee.
 (b) A guidance counselor may not intentionally solicit or 
accept any gift from a prohibited source or solicit or accept a 
gift that would be in violation of any federal or State statute 
or rule. A prohibited source may not intentionally offer or 
make a gift that violates this Section.
 (c) The prohibition in subsection (b) does not apply to 
any of the following:
  (1) Opportunities, benefits, and services that are 
 available on the same conditions as for the general 
 public.
  (2) Anything for which the guidance counselor pays the 
 market value.
  (3) A gift from a relative.
  (4) Anything provided by an individual on the basis of 
 a personal friendship, unless the guidance counselor has 
 reason to believe that, under the circumstances, the gift 
 was provided because of the official position or 
 employment of the guidance counselor and not because of 
 the personal friendship. In determining whether a gift is 
 provided on the basis of personal friendship, the guidance 
 counselor must consider the circumstances in which the 
 gift was offered, including any of the following:
   (A) The history of the relationship between the 
 individual giving the gift and the guidance counselor, 
 including any previous exchange of gifts between those 
 individuals.
   (B) Whether, to the actual knowledge of the 
 guidance counselor, the individual who gave the gift 
 personally paid for the gift or sought a tax deduction 
 or business reimbursement for the gift.
   (C) Whether, to the actual knowledge of the 
 guidance counselor, the individual who gave the gift 
 also, at the same time, gave the same or a similar gift 
 to other school district employees.
  (5) Bequests, inheritances, or other transfers at 
 death.
  (6) Any item or items from any one prohibited source 
 during any calendar year having a cumulative total value 
 of less than $100.
  (7) Promotional materials, including, but not limited 
 to, pens, pencils, banners, posters, and pennants. 
 Each exception listed under this subsection is mutually 
exclusive and independent of one another.
 (d) A guidance counselor is not in violation of this 
Section if he or she promptly takes reasonable action to 
return the gift to the prohibited source or donates the gift or 
an amount equal to its value to an appropriate charity that is 
exempt from income taxation under Section 501(c)(3) of the 
Internal Revenue Code of 1986.
 A guidance counselor or prohibited source who 
intentionally violates this Section is guilty of a business 
offense and is subject to a fine of at least $1,001 and up to 
$5,000. 

(Source: P.A. 102-327, eff. 1-1-22; revised 11-9-21.)





 (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)


 Sec. 24-2. Holidays. 
 (a) Teachers shall not be required
to teach on Saturdays, 
nor, except as provided in subsection (b) of this Section, 
shall teachers or other school
employees, other than 
noncertificated school employees whose presence is
necessary 
because of an emergency or for the continued operation and

maintenance of school facilities or property, be
required to 
work on legal school
holidays, which are January 1, New Year's 
Day; the third Monday in
January, the Birthday of Dr. Martin 
Luther King, Jr.; February 12, the
Birthday of President 
Abraham Lincoln; the
first Monday in March (to be known as 
Casimir Pulaski's birthday); Good
Friday; the day designated 
as Memorial Day by federal law; June 19, Juneteenth National 
Freedom Day; July 4,
Independence Day; the first Monday in 
September, Labor Day; the second Monday
in October, Columbus 
Day; November 11, Veterans' Day; the Thursday in
November 
commonly called Thanksgiving Day; and December 25, Christmas 
Day.
School boards may grant special holidays whenever in 
their judgment such
action is advisable. No deduction shall
be 
made from the time or
compensation of a school employee on 
account of any legal
or special holiday.

 (b) A school board or other entity eligible to apply for 
waivers and modifications under Section 2-3.25g of this Code 
is authorized to hold school or schedule teachers' institutes, 
parent-teacher conferences, or staff development on the third 
Monday in January (the Birthday of Dr. Martin Luther King, 
Jr.); February 12 (the Birthday of President Abraham Lincoln); 
the first Monday in March (known as Casimir Pulaski's 
birthday); the second Monday in October (Columbus Day); and 
November 11 (Veterans' Day), provided that:
  (1) the person or persons honored by the holiday are 
 recognized through instructional activities conducted on 
 that day or, if the day is not used for student attendance, 
 on the first school day preceding or following that day; 
 and
  (2) the entity that chooses to exercise this authority 
 first holds a public hearing about the proposal. The 
 entity shall provide notice preceding the public hearing 
 to both educators and parents. The notice shall set forth 
 the time, date, and place of the hearing, describe the 
 proposal, and indicate that the entity will take testimony 
 from educators and parents about the proposal.

 (c) Commemorative holidays, which recognize specified 
patriotic, civic,
cultural or historical persons, activities, 
or events, are regular school
days. Commemorative
holidays 
are: January 17 (the birthday of Muhammad Ali), January 28 (to 
be known as Christa McAuliffe Day and
observed as a 
commemoration of space exploration), February 15 (the
birthday 
of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),

September 11 (September 11th Day of Remembrance), the school 
day
immediately preceding Veterans' Day (Korean War Veterans'

Day), October 1 (Recycling Day), October 7 (Iraq and 
Afghanistan Veterans Remembrance Day), December 7 (Pearl 
Harbor Veterans' Day), and
any day so appointed by the 
President or
Governor. School boards may establish 
commemorative holidays whenever in
their judgment such action 
is advisable.
School boards shall include instruction relative 
to commemorated persons,
activities, or
events on the 
commemorative holiday or at any other time during the school

year and at any point in the curriculum when such instruction 
may be deemed
appropriate. The State Board of Education shall 
prepare and make available
to school boards instructional 
materials relative to commemorated persons,
activities,
or 
events which may be used by school boards in conjunction with 
any
instruction provided pursuant to this paragraph.

 (d) City of Chicago School District 299 shall observe 
March 4 of each year as
a commemorative holiday. This holiday 
shall be known as Mayors' Day which
shall be a day to 
commemorate and be reminded of the past Chief Executive

Officers of the City of Chicago, and in particular the late 
Mayor Richard
J. Daley and the late Mayor Harold Washington. 
If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be 
observed on the following Monday.
 (e) Notwithstanding any other provision of State law to 
the contrary, November 3, 2020 shall be a State holiday known 
as 2020 General Election Day and shall be observed throughout 
the State pursuant to this amendatory Act of the 101st General 
Assembly. All government offices, with the exception of 
election authorities, shall be closed unless authorized to be 
used as a location for election day services or as a polling 
place. 
 Notwithstanding any other provision of State law to the 
contrary, November 8, 2022 shall be a State holiday known as 
2022 General Election Day and shall be observed throughout the 
State under Public Act 102-15 this amendatory Act of the 102nd 
General Assembly. 

(Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22; 
102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff. 
1-1-22; revised 10-4-21.)




 (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)



 Sec. 26-1. Compulsory school age; exemptions. Whoever has 
custody or control of any child (i) between the ages of 7 and 
17
years (unless the child has already graduated from high 
school) for school years before the 2014-2015 school year or 
(ii) between the ages
of 6 (on or before September 1) and 17 
years (unless the child has already graduated from high 
school) beginning with the 2014-2015 school year
shall cause 
such child to attend some public school in the district

wherein the child resides the entire time it is in session 
during the
regular school term, except as provided in Section 
10-19.1, and during a
required summer school program 
established under Section 10-22.33B; provided,
that
the 
following children shall not be required to attend the public 
schools:

  1. Any child attending a private or a parochial school 
 where children
are taught the branches of education taught 
 to children of corresponding
age and grade in the public 
 schools, and where the instruction of the child
in the 
 branches of education is in the English language;

  2. Any child who is physically or mentally unable to 
 attend school, such
disability being certified to the 
 county or district truant officer by a
competent physician 
 licensed in Illinois to practice medicine and surgery in 
 all its branches, a chiropractic physician licensed under 
 the Medical Practice Act of 1987, a licensed advanced 
 practice registered nurse, a licensed physician assistant, 
 or a Christian Science practitioner residing in this
State 
 and listed in the Christian Science Journal; or who is 
 excused for
temporary absence for cause by
the principal 
 or teacher of the school which the child attends, with 
 absence for cause by illness being required to include the 
 mental or behavioral health of the child for up to 5 days 
 for which the child need not provide a medical note, in 
 which case the child shall be given the opportunity to 
 make up any school work missed during the mental or 
 behavioral health absence and, after the second mental 
 health day used, may be referred to the appropriate school 
 support personnel; the exemptions
in this paragraph (2) do 
 not apply to any female who is pregnant or the
mother of 
 one or more children, except where a female is unable to 
 attend
school due to a complication arising from her 
 pregnancy and the existence
of such complication is 
 certified to the county or district truant officer
by a 
 competent physician;

  3. Any child necessarily and lawfully employed 
 according to the
provisions of the law regulating child 
 labor may be excused from attendance
at school by the 
 county superintendent of schools or the superintendent of

 the public school which the child should be attending, on 
 certification of
the facts by and the recommendation of 
 the school board of the public
school district in which 
 the child resides. In districts having part-time

 continuation schools, children so excused shall attend 
 such schools at
least 8 hours each week;

  4. Any child over 12 and under 14 years of age while in 
 attendance at
confirmation classes;

  5. Any child absent from a public school on a 
 particular day or days
or at a particular time of day for 
 the reason that he is unable to attend
classes or to 
 participate in any examination, study, or work 
 requirements on
a particular day or days or at a 
 particular time of day because of religious reasons, 
 including the observance of a religious holiday or 
 participation in religious instruction, or because the 
 tenets
of his religion forbid secular activity on a 
 particular day or days or at a
particular time of day. A 
 school
board may require the parent or guardian of a child 
 who is to be excused
from attending school because of 
 religious reasons to give
notice, not exceeding 5 days, of 
 the child's absence to the school
principal or other 
 school personnel. Any child excused from attending
school 
 under this paragraph 5 shall not be required to submit a 
 written
excuse for such absence after returning to school. 
 A district superintendent shall develop and distribute to 
 schools appropriate procedures regarding a student's 
 absence for religious reasons, how schools are notified of 
 a student's impending absence for religious reasons, and 
 the requirements of Section 26-2b of this Code;
  6. Any child 16 years of age or older who (i) submits 
 to a school district evidence of necessary and lawful 
 employment pursuant to paragraph 3 of this Section and 
 (ii) is enrolled in a graduation incentives program 
 pursuant to Section 26-16 of this Code or an alternative 
 learning opportunities program established pursuant to 
 Article 13B of this Code;

  7. A child in any of grades 6 through 12 absent from a 
 public school on a particular day or days or at a 
 particular time of day for the purpose of sounding "Taps" 
 at a military honors funeral held in this State for a 
 deceased veteran. In order to be excused under this 
 paragraph 7, the student shall notify the school's 
 administration at least 2 days prior to the date of the 
 absence and shall provide the school's administration with 
 the date, time, and location of the military
honors 
 funeral. The school's administration may waive this 2-day 
 notification requirement if the student did not receive at 
 least 2 days advance notice, but the student shall notify 
 the school's administration as soon as possible of the 
 absence. A student whose absence is excused under this 
 paragraph 7 shall be counted as if the student attended 
 school for purposes of calculating the average daily 
 attendance of students in the school district. A student 
 whose absence is excused under this paragraph 7 must be 
 allowed a reasonable time to make up school work missed 
 during the absence. If the student satisfactorily 
 completes the school work, the day of absence shall be 
 counted as a day of compulsory attendance and he or she may 
 not be penalized for that absence; and
  8. Any child absent from a public school on a 
 particular day or days or at a particular time of day for 
 the reason that his or her parent or legal guardian is an 
 active duty member of the uniformed services and has been 
 called to duty for, is on leave from, or has immediately 
 returned from deployment to a combat zone or 
 combat-support postings. Such a student shall be granted 5 
 days of excused absences in any school year and, at the 
 discretion of the school board, additional excused 
 absences to visit the student's parent or legal guardian 
 relative to such leave or deployment of the parent or 
 legal guardian. In the case of excused absences pursuant 
 to this paragraph 8, the student and parent or legal 
 guardian shall be responsible for obtaining assignments 
 from the student's teacher prior to any period of excused 
 absence and for ensuring that such assignments are 
 completed by the student prior to his or her return to 
 school from such period of excused absence. 
(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 
102-406, eff. 8-19-21; revised 9-28-21.)



 (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
 (Text of Section before amendment by P.A. 102-466)
 Sec. 26-2a. A "truant" is defined as a child who is subject 
to compulsory school
attendance and who is absent without 
valid cause, as defined under this Section, from such 
attendance for more than 1% but less than 5% of the past 180 
school days.
 "Valid cause" for absence shall be illness, including the 
mental or behavioral health of the student, observance of a 
religious
holiday, death in the immediate family,
or family 
emergency and shall include such other situations beyond the 
control
of the student, as determined by the board of 
education in each district,
or such other circumstances which 
cause reasonable concern to the parent
for the mental, 
emotional, or physical health or safety of the student.
 "Chronic or habitual truant" shall be defined as a child 
who is subject to compulsory
school attendance and who is 
absent without valid cause from such attendance
for 5% or more 
of the previous 180 regular attendance days.
 "Truant minor" is defined as a chronic truant to whom 
supportive
services, including prevention, diagnostic, 
intervention and remedial
services, alternative programs and 
other school and community resources
have been provided and 
have failed to result in the cessation of chronic
truancy, or 
have been offered and refused.
 A "dropout" is defined as any child enrolled in grades 9 
through 12 whose
name has been removed from the district 
enrollment roster for any reason
other than the student's 
death, extended illness, removal for medical non-compliance, 
expulsion, aging out, graduation, or completion of a
program 
of studies and who has not transferred to another public or 
private school and is not known to be home-schooled by his or 
her parents or guardians or continuing school in another 
country.
 "Religion" for the purposes of this Article, includes all 
aspects of
religious observance and practice, as well as 
belief.
(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; 
102-321, eff. 1-1-22.)

 (Text of Section after amendment by P.A. 102-466)

 Sec. 26-2a. A "truant" is defined as a child who is subject 
to compulsory school
attendance and who is absent without 
valid cause, as defined under this Section, from such 
attendance for more than 1% but less than 5% of the past 180 
school days.
 "Valid cause" for absence shall be illness, including the 
mental or behavioral health of the student, attendance at a 
verified medical or therapeutic appointment, appointment with 
a victim services provider, observance of a religious
holiday, 
death in the immediate family,
or family emergency and shall 
include such other situations beyond the control
of the 
student, as determined by the board of education in each 
district,
or such other circumstances which cause reasonable 
concern to the parent
for the mental, emotional, or physical 
health or safety of the student. For purposes of a student who 
is an expectant parent, or parent, or victim of domestic or 
sexual violence, "valid cause" for absence includes (i) the 
fulfillment of a parenting responsibility, including, but not 
limited to, arranging and providing child care, caring for a 
sick child, attending prenatal or other medical appointments 
for the expectant student, and attending medical appointments 
for a child, and (ii) addressing circumstances resulting from 
domestic or sexual violence, including, but not limited to, 
experiencing domestic or sexual violence, recovering from 
physical or psychological injuries, seeking medical attention, 
seeking services from a domestic or sexual violence 
organization, as defined in Article 26A, seeking psychological 
or other counseling, participating in safety planning, 
temporarily or permanently relocating, seeking legal 
assistance or remedies, or taking any other action to increase 
the safety or health of the student or to protect the student 
from future domestic or sexual violence. A school district may 
require a student to verify his or her claim of domestic or 
sexual violence under Section 26A-45 prior to the district 
approving a valid cause for an absence of 3 or more consecutive 
days that is related to domestic or sexual violence. 
 "Chronic or habitual truant" shall be defined as a child 
who is subject to compulsory
school attendance and who is 
absent without valid cause from such attendance
for 5% or more 
of the previous 180 regular attendance days.
 "Truant minor" is defined as a chronic truant to whom 
supportive
services, including prevention, diagnostic, 
intervention and remedial
services, alternative programs and 
other school and community resources
have been provided and 
have failed to result in the cessation of chronic
truancy, or 
have been offered and refused.
 A "dropout" is defined as any child enrolled in grades 9 
through 12 whose
name has been removed from the district 
enrollment roster for any reason
other than the student's 
death, extended illness, removal for medical non-compliance, 
expulsion, aging out, graduation, or completion of a
program 
of studies and who has not transferred to another public or 
private school and is not known to be home-schooled by his or 
her parents or guardians or continuing school in another 
country.
 "Religion" for the purposes of this Article, includes all 
aspects of
religious observance and practice, as well as 
belief.
(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; 
102-321, eff. 1-1-22; 102-466, eff. 7-1-25; revised 9-23-21.)



 (105 ILCS 5/26-13) (from Ch. 122, par. 26-13)



 (Text of Section before amendment by P.A. 102-157)

 Sec. 26-13. Absenteeism and truancy policies. School 
districts shall
adopt policies, consistent with rules adopted 
by the State Board of
Education, which identify the 
appropriate supportive services and available
resources which 
are provided for truants and chronic truants.

(Source: P.A. 84-1420.)


 (Text of Section after amendment by P.A. 102-157)

 Sec. 26-13. Absenteeism and truancy policies. School 
districts shall
adopt policies, consistent with rules adopted 
by the State Board of
Education and Section 22-92 22-90, which 
identify the appropriate supportive services and available

resources which are provided for truants and chronic truants.

(Source: P.A. 102-157, eff. 7-1-22; revised 11-9-21.)


 (105 ILCS 5/27-23.7)
 Sec. 27-23.7. Bullying prevention.
 (a) The General Assembly finds that a safe and civil 
school environment is necessary for students to learn and 
achieve and that bullying causes physical, psychological, and 
emotional harm to students and interferes with students' 
ability to learn and participate in school activities. The 
General Assembly further finds that bullying has been linked 
to other forms of antisocial behavior, such as vandalism, 
shoplifting, skipping and dropping out of school, fighting, 
using drugs and alcohol, sexual harassment, and sexual 
violence. Because of the negative outcomes associated with 
bullying in schools, the General Assembly finds that school 
districts, charter schools, and non-public, non-sectarian 
elementary and secondary schools should educate students, 
parents, and school district, charter school, or non-public, 
non-sectarian elementary or secondary school personnel about 
what behaviors constitute prohibited bullying.
 Bullying on the basis of actual or perceived race, color, 
religion, sex, national origin, ancestry, age, marital status, 
physical or mental disability, military status, sexual 
orientation, gender-related identity or expression, 
unfavorable discharge from military service, association with 
a person or group with one or more of the aforementioned actual 
or perceived characteristics, or any other distinguishing 
characteristic is prohibited in all school districts, charter 
schools, and non-public, non-sectarian elementary and 
secondary schools.
No student shall be subjected to bullying:
  (1) during any school-sponsored education program or 
 activity;
  (2) while in school, on school property, on school 
 buses or other school vehicles, at designated school bus 
 stops waiting for the school bus, or at school-sponsored 
 or school-sanctioned events or activities;
  (3) through the transmission of information from a 
 school computer, a school computer network, or other 
 similar electronic school equipment; or 
  (4) through the transmission of information from a 
 computer that is accessed at a nonschool-related location, 
 activity, function, or program or from the use of 
 technology or an electronic device that is not owned, 
 leased, or used by a school district or school if the 
 bullying causes a substantial disruption to the 
 educational process or orderly operation of a school. This 
 item (4) applies only in cases in which a school 
 administrator or teacher receives a report that bullying 
 through this means has occurred and does not require a 
 district or school to staff or monitor any 
 nonschool-related activity, function, or program. 
 (a-5) Nothing in this Section is intended to infringe upon 
any right to exercise free expression or the free exercise of 
religion or religiously based views protected under the First 
Amendment to the United States Constitution or under Section 3 
of Article I of the Illinois Constitution. 
 (b) In this Section:

 "Bullying" includes "cyber-bullying" and means any severe 
or pervasive physical or verbal act or conduct, including 
communications made in writing or electronically, directed 
toward a student or students that has or can be reasonably 
predicted to have the effect of one or more of the following:
  (1) placing the student or students in reasonable fear 
 of harm to the student's or students' person or property;
  (2) causing a substantially detrimental effect on the 
 student's or students' physical or mental health;
  (3) substantially interfering with the student's or 
 students' academic performance; or
  (4) substantially interfering with the student's or 
 students' ability to participate in or benefit from the 
 services, activities, or privileges provided by a school.
 Bullying, as defined in this subsection (b), may take 
various forms, including without limitation one or more of the 
following: harassment, threats, intimidation, stalking, 
physical violence, sexual harassment, sexual violence, theft, 
public humiliation, destruction of property, or retaliation 
for asserting or alleging an act of bullying. This list is 
meant to be illustrative and non-exhaustive.
 "Cyber-bullying" means bullying through the use of 
technology or any electronic communication, including without 
limitation any transfer of signs, signals, writing, images, 
sounds, data, or intelligence of any nature transmitted in 
whole or in part by a wire, radio, electromagnetic system, 
photoelectronic system, or photooptical system, including 
without limitation electronic mail, Internet communications, 
instant messages, or facsimile communications. 
"Cyber-bullying" includes the creation of a webpage or weblog 
in which the creator assumes the identity of another person or 
the knowing impersonation of another person as the author of 
posted content or messages if the creation or impersonation 
creates any of the effects enumerated in the definition of 
bullying in this Section. "Cyber-bullying" also includes the 
distribution by electronic means of a communication to more 
than one person or the posting of material on an electronic 
medium that may be accessed by one or more persons if the 
distribution or posting creates any of the effects enumerated 
in the definition of bullying in this Section. 
 "Policy on bullying" means a bullying prevention policy 
that meets the following criteria:
  (1) Includes the bullying definition provided in this 
 Section.
  (2) Includes a statement that bullying is contrary to 
 State law and the policy of the school district, charter 
 school, or non-public, non-sectarian elementary or 
 secondary school and is consistent with subsection (a-5) 
 of this Section.
  (3) Includes procedures for promptly reporting 
 bullying, including, but not limited to, identifying and 
 providing the school e-mail address (if applicable) and 
 school telephone number for the staff person or persons 
 responsible for receiving such reports and a procedure for 
 anonymous reporting; however, this shall not be construed 
 to permit formal disciplinary action solely on the basis 
 of an anonymous report.
  (4) Consistent with federal and State laws and rules 
 governing student privacy rights, includes procedures for 
 promptly informing parents or guardians of all students 
 involved in the alleged incident of bullying and 
 discussing, as appropriate, the availability of social 
 work services, counseling, school psychological services, 
 other interventions, and restorative measures.
  (5) Contains procedures for promptly investigating and 
 addressing reports of bullying, including the following:
   (A) Making all reasonable efforts to complete the 
 investigation within 10 school days after the date the 
 report of the incident of bullying was received and 
 taking into consideration additional relevant 
 information received during the course of the 
 investigation about the reported incident of bullying.
   (B) Involving appropriate school support personnel 
 and other staff persons with knowledge, experience, 
 and training on bullying prevention, as deemed 
 appropriate, in the investigation process.
   (C) Notifying the principal or school 
 administrator or his or her designee of the report of 
 the incident of bullying as soon as possible after the 
 report is received.
   (D) Consistent with federal and State laws and 
 rules governing student privacy rights, providing 
 parents and guardians of the students who are parties 
 to the investigation information about the 
 investigation and an opportunity to meet with the 
 principal or school administrator or his or her 
 designee to discuss the investigation, the findings of 
 the investigation, and the actions taken to address 
 the reported incident of bullying.
  (6) Includes the interventions that can be taken to 
 address bullying, which may include, but are not limited 
 to, school social work services, restorative measures, 
 social-emotional skill building, counseling, school 
 psychological services, and community-based services.
  (7) Includes a statement prohibiting reprisal or 
 retaliation against any person who reports an act of 
 bullying and the consequences and appropriate remedial 
 actions for a person who engages in reprisal or 
 retaliation.
  (8) Includes consequences and appropriate remedial 
 actions for a person found to have falsely accused another 
 of bullying as a means of retaliation or as a means of 
 bullying.
  (9) Is based on the engagement of a range of school 
 stakeholders, including students and parents or guardians.
  (10) Is posted on the school district's, charter

 school's, or non-public, non-sectarian elementary or

 secondary school's existing Internet website, is
included 
 in the student handbook, and, where applicable,
posted 
 where other policies, rules, and standards of
conduct are 
 currently posted in the school and provided periodically 
 throughout the school year to students and faculty, and is

 distributed annually to parents, guardians, students, and

 school personnel, including new employees when hired.
  (11) As part of the process of reviewing and 
 re-evaluating the policy under subsection (d) of this 
 Section, contains a policy evaluation process to assess 
 the outcomes and effectiveness of the policy that 
 includes, but is not limited to, factors such as the 
 frequency of victimization; student, staff, and family 
 observations of safety at a school; identification of 
 areas of a school where bullying occurs; the types of 
 bullying utilized; and bystander intervention or 
 participation. The school district, charter school, or 
 non-public, non-sectarian elementary or secondary school 
 may use relevant data and information it already collects 
 for other purposes in the policy evaluation. The 
 information developed as a result of the policy evaluation 
 must be made available on the Internet website of the 
 school district, charter school, or non-public, 
 non-sectarian elementary or secondary school. If an 
 Internet website is not available, the information must be 
 provided to school administrators, school board members, 
 school personnel, parents, guardians, and students.
  (12) Is consistent with the policies of the school 
 board, charter school, or non-public, non-sectarian 
 elementary or secondary school.
 "Restorative measures" means a continuum of school-based 
alternatives to exclusionary discipline, such as suspensions 
and expulsions, that: (i) are adapted to the particular needs 
of the school and community, (ii) contribute to maintaining 
school safety, (iii) protect the integrity of a positive and 
productive learning climate, (iv) teach students the personal 
and interpersonal skills they will need to be successful in 
school and society, (v) serve to build and restore 
relationships among students, families, schools, and 
communities, (vi) reduce the likelihood of future disruption 
by balancing accountability with an understanding of students' 
behavioral health needs in order to keep students in school, 
and (vii) increase student accountability if the incident of 
bullying is based on religion, race, ethnicity, or any other 
category that is identified in the Illinois Human Rights Act. 
 "School personnel" means persons employed by, on contract 
with, or who volunteer in a school district, charter school, 
or non-public, non-sectarian elementary or secondary school, 
including without limitation school and school district 
administrators, teachers, school social workers, school 
counselors, school psychologists, school nurses, cafeteria 
workers, custodians, bus drivers, school resource officers, 
and security guards. 
 (c) (Blank).


 (d) Each school district, charter school, and non-public, 
non-sectarian elementary or secondary school shall create, 
maintain, and implement a policy on bullying, which policy 
must be filed with the State Board of Education. The policy or 
implementing procedure shall include a process to investigate 
whether a reported act of bullying is within the permissible 
scope of the district's or school's jurisdiction and shall 
require that the district or school provide the victim with 
information regarding services that are available within the 
district and community, such as counseling, support services, 
and other programs. School personnel available for help with a 
bully or to make a report about bullying shall be made known to 
parents or legal guardians, students, and school personnel. 
Every 2 years, each school district, charter school, and 
non-public, non-sectarian elementary or secondary school shall 
conduct a review and re-evaluation of its policy and make any 
necessary and appropriate revisions. The policy must be filed 
with the State Board of Education after being updated. The 
State Board of Education shall monitor and provide technical 
support for the implementation of policies created under this 
subsection (d).
 (e) This Section shall not be interpreted to prevent a 
victim from seeking redress under any other available civil or 
criminal law.

(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; 
revised 10-18-21.)

 (105 ILCS 5/27-23.15)
 Sec. 27-23.15. Computer science.
 (a) In this Section, "computer science" means the study of 
computers and algorithms, including their principles, their 
hardware and software designs, their implementation, and their 
impact on society. "Computer science" does not include the 
study of everyday uses of computers and computer applications, 
such as keyboarding or accessing the Internet. 
 (b) Beginning with the 2023-2024 school year, the school 
board of a school district that maintains any of grades 9 
through 12 shall provide an opportunity for every high school 
student to take at least one computer science course aligned 
to rigorous learning standards of the State Board of 
Education.

(Source: P.A. 101-654, eff. 3-8-21.)



 (105 ILCS 5/27-23.16)


 Sec. 27-23.16 27-23.15. Study of the process of 
naturalization. Every public high school may include in its 
curriculum a unit of instruction about the process of 
naturalization by which a foreign citizen or foreign national 
becomes a U.S. citizen. The course of instruction shall 
include content from the components of the naturalization test 
administered by the U.S. Citizenship and Immigration Services. 
Each school board shall determine the minimum amount of 
instructional time under this Section.

(Source: P.A. 102-472, eff. 8-20-21; revised 11-9-21.)




 (105 ILCS 5/27A-5)


 (Text of Section before amendment by P.A. 102-157 and P.A. 
102-466)
 Sec. 27A-5. Charter school; legal entity; requirements. 

 (a) A charter school shall be a public, nonsectarian, 
nonreligious, non-home
based, and non-profit school. A charter 
school shall be organized and operated
as a nonprofit 
corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

 (b) A charter school may be established under this Article 
by creating a new
school or by converting an existing public 
school or attendance center to
charter
school status.

Beginning on April 16, 2003 (the effective date of Public Act 
93-3), in all new
applications to establish
a charter
school 
in a city having a population exceeding 500,000, operation of 
the
charter
school shall be limited to one campus. The changes 
made to this Section by Public Act 93-3 do not apply to charter 
schools existing or approved on or before April 16, 2003 (the

effective date of Public Act 93-3).
 (b-5) In this subsection (b-5), "virtual-schooling" means 
a cyber school where students engage in online curriculum and 
instruction via the Internet and electronic communication with 
their teachers at remote locations and with students 
participating at different times. 
 From April 1, 2013 through December 31, 2016, there is a 
moratorium on the establishment of charter schools with 
virtual-schooling components in school districts other than a 
school district organized under Article 34 of this Code. This 
moratorium does not apply to a charter school with 
virtual-schooling components existing or approved prior to 
April 1, 2013 or to the renewal of the charter of a charter 
school with virtual-schooling components already approved 
prior to April 1, 2013.

 (c) A charter school shall be administered and governed by 
its board of
directors or other governing body
in the manner 
provided in its charter. The governing body of a charter 
school
shall be subject to the Freedom of Information Act and 
the Open Meetings Act. No later than January 1, 2021 (one year 
after the effective date of Public Act 101-291), a charter 
school's board of directors or other governing body must 
include at least one parent or guardian of a pupil currently 
enrolled in the charter school who may be selected through the 
charter school or a charter network election, appointment by 
the charter school's board of directors or other governing 
body, or by the charter school's Parent Teacher Organization 
or its equivalent. 
 (c-5) No later than January 1, 2021 (one year after the 
effective date of Public Act 101-291) or within the first year 
of his or her first term, every voting member of a charter 
school's board of directors or other governing body shall 
complete a minimum of 4 hours of professional development 
leadership training to ensure that each member has sufficient 
familiarity with the board's or governing body's role and 
responsibilities, including financial oversight and 
accountability of the school, evaluating the principal's and 
school's performance, adherence to the Freedom of Information 
Act and the Open Meetings Act, and compliance with education 
and labor law. In each subsequent year of his or her term, a 
voting member of a charter school's board of directors or 
other governing body shall complete a minimum of 2 hours of 
professional development training in these same areas. The 
training under this subsection may be provided or certified by 
a statewide charter school membership association or may be 
provided or certified by other qualified providers approved by 
the State Board of Education. 

 (d) For purposes of this subsection (d), "non-curricular 
health and safety requirement" means any health and safety 
requirement created by statute or rule to provide, maintain, 
preserve, or safeguard safe or healthful conditions for 
students and school personnel or to eliminate, reduce, or 
prevent threats to the health and safety of students and 
school personnel. "Non-curricular health and safety 
requirement" does not include any course of study or 
specialized instructional requirement for which the State 
Board has established goals and learning standards or which is 
designed primarily to impart knowledge and skills for students 
to master and apply as an outcome of their education.
 A charter school shall comply with all non-curricular 
health and safety
requirements applicable to public schools 
under the laws of the State of
Illinois. On or before September 
1, 2015, the State Board shall promulgate and post on its 
Internet website a list of non-curricular health and safety 
requirements that a charter school must meet. The list shall 
be updated annually no later than September 1. Any charter 
contract between a charter school and its authorizer must 
contain a provision that requires the charter school to follow 
the list of all non-curricular health and safety requirements 
promulgated by the State Board and any non-curricular health 
and safety requirements added by the State Board to such list 
during the term of the charter. Nothing in this subsection (d) 
precludes an authorizer from including non-curricular health 
and safety requirements in a charter school contract that are 
not contained in the list promulgated by the State Board, 
including non-curricular health and safety requirements of the 
authorizing local school board. 

 (e) Except as otherwise provided in the School Code, a 
charter school shall
not charge tuition; provided that a 
charter school may charge reasonable fees
for textbooks, 
instructional materials, and student activities.

 (f) A charter school shall be responsible for the 
management and operation
of its fiscal affairs, including,
but 
not limited to, the preparation of its budget. An audit of each 
charter
school's finances shall be conducted annually by an 
outside, independent
contractor retained by the charter 
school. The contractor shall not be an employee of the charter 
school or affiliated with the charter school or its authorizer 
in any way, other than to audit the charter school's finances. 
To ensure financial accountability for the use of public 
funds, on or before December 1 of every year of operation, each 
charter school shall submit to its authorizer and the State 
Board a copy of its audit and a copy of the Form 990 the 
charter school filed that year with the federal Internal 
Revenue Service. In addition, if deemed necessary for proper 
financial oversight of the charter school, an authorizer may 
require quarterly financial statements from each charter 
school. 

 (g) A charter school shall comply with all provisions of 
this Article, the Illinois Educational Labor Relations Act, 
all federal and State laws and rules applicable to public 
schools that pertain to special education and the instruction 
of English learners, and
its charter. A charter
school is 
exempt from all other State laws and regulations in this Code

governing public
schools and local school board policies; 
however, a charter school is not exempt from the following:

  (1) Sections 10-21.9 and 34-18.5 of this Code 
 regarding criminal
history records checks and checks of 
 the Statewide Sex Offender Database and Statewide Murderer 
 and Violent Offender Against Youth Database of applicants 
 for employment;

  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
 34-84a of this Code regarding discipline of
students;

  (3) the Local Governmental and Governmental Employees 
 Tort Immunity Act;

  (4) Section 108.75 of the General Not For Profit 
 Corporation Act of 1986
regarding indemnification of 
 officers, directors, employees, and agents;

  (5) the Abused and Neglected Child Reporting Act;

  (5.5) subsection (b) of Section 10-23.12 and 
 subsection (b) of Section 34-18.6 of this Code;
  (6) the Illinois School Student Records Act;

  (7) Section 10-17a of this Code regarding school 
 report cards;

  (8) the P-20 Longitudinal Education Data System Act;
  (9) Section 27-23.7 of this Code regarding bullying 
 prevention;
  (10) Section 2-3.162 of this Code regarding student 
 discipline reporting;
  (11) Sections 22-80 and 27-8.1 of this Code;
  (12) Sections 10-20.60 and 34-18.53 of this Code;
  (13) Sections 10-20.63 and 34-18.56 of this Code;
  (14) Section 26-18 of this Code;
  (15) Section 22-30 of this Code; 
  (16) Sections 24-12 and 34-85 of this Code; and
  (17) the Seizure Smart School Act;
  (18) Section 2-3.64a-10 of this Code; and
  (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
  (20) (19) Section 10-22.25b of this Code; .
  (21) (19) Section 27-9.1a of this Code;
  (22) (20) Section 27-9.1b of this Code; and 
  (23) (21) Section 34-18.8 of this Code; . 
  (25) (19) Section 2-3.188 of this Code; and
  (26) (20) Section 22-85.5 of this Code. 
 The change made by Public Act 96-104 to this subsection 
(g) is declaratory of existing law.
 (h) A charter school may negotiate and contract with a 
school district, the
governing body of a State college or 
university or public community college, or
any other public or 
for-profit or nonprofit private entity for: (i) the use
of a 
school building and grounds or any other real property or 
facilities that
the charter school desires to use or convert 
for use as a charter school site,
(ii) the operation and 
maintenance thereof, and
(iii) the provision of any service, 
activity, or undertaking that the charter
school is required 
to perform in order to carry out the terms of its charter.

However, a charter school
that is established on
or
after 
April 16, 2003 (the effective date of Public Act 93-3) and that 
operates
in a city having a population exceeding
500,000 may 
not contract with a for-profit entity to
manage or operate the 
school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) and
concludes at the end of 
the 2004-2005 school year.
Except as provided in subsection 
(i) of this Section, a school district may
charge a charter 
school reasonable rent for the use of the district's

buildings, grounds, and facilities. Any services for which a 
charter school
contracts
with a school district shall be 
provided by the district at cost. Any services
for which a 
charter school contracts with a local school board or with the

governing body of a State college or university or public 
community college
shall be provided by the public entity at 
cost.

 (i) In no event shall a charter school that is established 
by converting an
existing school or attendance center to 
charter school status be required to
pay rent for space
that is 
deemed available, as negotiated and provided in the charter 
agreement,
in school district
facilities. However, all other 
costs for the operation and maintenance of
school district 
facilities that are used by the charter school shall be 
subject
to negotiation between
the charter school and the 
local school board and shall be set forth in the
charter.

 (j) A charter school may limit student enrollment by age 
or grade level.

 (k) If the charter school is approved by the State Board or 
Commission, then the charter school is its own local education 
agency. 
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360, 
eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; 
102-558, eff. 8-20-21; 102-676, eff. 12-3-21; revised 
12-21-21.)

 (Text of Section after amendment by P.A. 102-157 but 
before amendment by P.A. 102-466)

 Sec. 27A-5. Charter school; legal entity; requirements. 

 (a) A charter school shall be a public, nonsectarian, 
nonreligious, non-home
based, and non-profit school. A charter 
school shall be organized and operated
as a nonprofit 
corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

 (b) A charter school may be established under this Article 
by creating a new
school or by converting an existing public 
school or attendance center to
charter
school status.

Beginning on April 16, 2003 (the effective date of Public Act 
93-3), in all new
applications to establish
a charter
school 
in a city having a population exceeding 500,000, operation of 
the
charter
school shall be limited to one campus. The changes 
made to this Section by Public Act 93-3 do not apply to charter 
schools existing or approved on or before April 16, 2003 (the

effective date of Public Act 93-3).
 (b-5) In this subsection (b-5), "virtual-schooling" means 
a cyber school where students engage in online curriculum and 
instruction via the Internet and electronic communication with 
their teachers at remote locations and with students 
participating at different times. 
 From April 1, 2013 through December 31, 2016, there is a 
moratorium on the establishment of charter schools with 
virtual-schooling components in school districts other than a 
school district organized under Article 34 of this Code. This 
moratorium does not apply to a charter school with 
virtual-schooling components existing or approved prior to 
April 1, 2013 or to the renewal of the charter of a charter 
school with virtual-schooling components already approved 
prior to April 1, 2013.

 (c) A charter school shall be administered and governed by 
its board of
directors or other governing body
in the manner 
provided in its charter. The governing body of a charter 
school
shall be subject to the Freedom of Information Act and 
the Open Meetings Act. No later than January 1, 2021 (one year 
after the effective date of Public Act 101-291), a charter 
school's board of directors or other governing body must 
include at least one parent or guardian of a pupil currently 
enrolled in the charter school who may be selected through the 
charter school or a charter network election, appointment by 
the charter school's board of directors or other governing 
body, or by the charter school's Parent Teacher Organization 
or its equivalent. 
 (c-5) No later than January 1, 2021 (one year after the 
effective date of Public Act 101-291) or within the first year 
of his or her first term, every voting member of a charter 
school's board of directors or other governing body shall 
complete a minimum of 4 hours of professional development 
leadership training to ensure that each member has sufficient 
familiarity with the board's or governing body's role and 
responsibilities, including financial oversight and 
accountability of the school, evaluating the principal's and 
school's performance, adherence to the Freedom of Information 
Act and the Open Meetings Act, and compliance with education 
and labor law. In each subsequent year of his or her term, a 
voting member of a charter school's board of directors or 
other governing body shall complete a minimum of 2 hours of 
professional development training in these same areas. The 
training under this subsection may be provided or certified by 
a statewide charter school membership association or may be 
provided or certified by other qualified providers approved by 
the State Board of Education. 

 (d) For purposes of this subsection (d), "non-curricular 
health and safety requirement" means any health and safety 
requirement created by statute or rule to provide, maintain, 
preserve, or safeguard safe or healthful conditions for 
students and school personnel or to eliminate, reduce, or 
prevent threats to the health and safety of students and 
school personnel. "Non-curricular health and safety 
requirement" does not include any course of study or 
specialized instructional requirement for which the State 
Board has established goals and learning standards or which is 
designed primarily to impart knowledge and skills for students 
to master and apply as an outcome of their education.
 A charter school shall comply with all non-curricular 
health and safety
requirements applicable to public schools 
under the laws of the State of
Illinois. On or before September 
1, 2015, the State Board shall promulgate and post on its 
Internet website a list of non-curricular health and safety 
requirements that a charter school must meet. The list shall 
be updated annually no later than September 1. Any charter 
contract between a charter school and its authorizer must 
contain a provision that requires the charter school to follow 
the list of all non-curricular health and safety requirements 
promulgated by the State Board and any non-curricular health 
and safety requirements added by the State Board to such list 
during the term of the charter. Nothing in this subsection (d) 
precludes an authorizer from including non-curricular health 
and safety requirements in a charter school contract that are 
not contained in the list promulgated by the State Board, 
including non-curricular health and safety requirements of the 
authorizing local school board. 

 (e) Except as otherwise provided in the School Code, a 
charter school shall
not charge tuition; provided that a 
charter school may charge reasonable fees
for textbooks, 
instructional materials, and student activities.

 (f) A charter school shall be responsible for the 
management and operation
of its fiscal affairs, including,
but 
not limited to, the preparation of its budget. An audit of each 
charter
school's finances shall be conducted annually by an 
outside, independent
contractor retained by the charter 
school. The contractor shall not be an employee of the charter 
school or affiliated with the charter school or its authorizer 
in any way, other than to audit the charter school's finances. 
To ensure financial accountability for the use of public 
funds, on or before December 1 of every year of operation, each 
charter school shall submit to its authorizer and the State 
Board a copy of its audit and a copy of the Form 990 the 
charter school filed that year with the federal Internal 
Revenue Service. In addition, if deemed necessary for proper 
financial oversight of the charter school, an authorizer may 
require quarterly financial statements from each charter 
school. 

 (g) A charter school shall comply with all provisions of 
this Article, the Illinois Educational Labor Relations Act, 
all federal and State laws and rules applicable to public 
schools that pertain to special education and the instruction 
of English learners, and
its charter. A charter
school is 
exempt from all other State laws and regulations in this Code

governing public
schools and local school board policies; 
however, a charter school is not exempt from the following:

  (1) Sections 10-21.9 and 34-18.5 of this Code 
 regarding criminal
history records checks and checks of 
 the Statewide Sex Offender Database and Statewide Murderer 
 and Violent Offender Against Youth Database of applicants 
 for employment;

  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
 34-84a of this Code regarding discipline of
students;

  (3) the Local Governmental and Governmental Employees 
 Tort Immunity Act;

  (4) Section 108.75 of the General Not For Profit 
 Corporation Act of 1986
regarding indemnification of 
 officers, directors, employees, and agents;

  (5) the Abused and Neglected Child Reporting Act;

  (5.5) subsection (b) of Section 10-23.12 and 
 subsection (b) of Section 34-18.6 of this Code;
  (6) the Illinois School Student Records Act;

  (7) Section 10-17a of this Code regarding school 
 report cards;

  (8) the P-20 Longitudinal Education Data System Act;
  (9) Section 27-23.7 of this Code regarding bullying 
 prevention;
  (10) Section 2-3.162 of this Code regarding student 
 discipline reporting;
  (11) Sections 22-80 and 27-8.1 of this Code;
  (12) Sections 10-20.60 and 34-18.53 of this Code;
  (13) Sections 10-20.63 and 34-18.56 of this Code;
  (14) Sections 22-90 and 26-18 of this Code;
  (15) Section 22-30 of this Code; 
  (16) Sections 24-12 and 34-85 of this Code; and
  (17) the Seizure Smart School Act;
  (18) Section 2-3.64a-10 of this Code; and
  (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
  (20) (19) Section 10-22.25b of this Code; .
  (21) (19) Section 27-9.1a of this Code;
  (22) (20) Section 27-9.1b of this Code; and 
  (23) (21) Section 34-18.8 of this Code; . 
  (25) (19) Section 2-3.188 of this Code; and
  (26) (20) Section 22-85.5 of this Code. 
 The change made by Public Act 96-104 to this subsection 
(g) is declaratory of existing law.
 (h) A charter school may negotiate and contract with a 
school district, the
governing body of a State college or 
university or public community college, or
any other public or 
for-profit or nonprofit private entity for: (i) the use
of a 
school building and grounds or any other real property or 
facilities that
the charter school desires to use or convert 
for use as a charter school site,
(ii) the operation and 
maintenance thereof, and
(iii) the provision of any service, 
activity, or undertaking that the charter
school is required 
to perform in order to carry out the terms of its charter.

However, a charter school
that is established on
or
after 
April 16, 2003 (the effective date of Public Act 93-3) and that 
operates
in a city having a population exceeding
500,000 may 
not contract with a for-profit entity to
manage or operate the 
school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) and
concludes at the end of 
the 2004-2005 school year.
Except as provided in subsection 
(i) of this Section, a school district may
charge a charter 
school reasonable rent for the use of the district's

buildings, grounds, and facilities. Any services for which a 
charter school
contracts
with a school district shall be 
provided by the district at cost. Any services
for which a 
charter school contracts with a local school board or with the

governing body of a State college or university or public 
community college
shall be provided by the public entity at 
cost.

 (i) In no event shall a charter school that is established 
by converting an
existing school or attendance center to 
charter school status be required to
pay rent for space
that is 
deemed available, as negotiated and provided in the charter 
agreement,
in school district
facilities. However, all other 
costs for the operation and maintenance of
school district 
facilities that are used by the charter school shall be 
subject
to negotiation between
the charter school and the 
local school board and shall be set forth in the
charter.

 (j) A charter school may limit student enrollment by age 
or grade level.

 (k) If the charter school is approved by the State Board or 
Commission, then the charter school is its own local education 
agency. 
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 
12-3-21; revised 12-21-21.)

 (Text of Section after amendment by P.A. 102-466)
 Sec. 27A-5. Charter school; legal entity; requirements. 

 (a) A charter school shall be a public, nonsectarian, 
nonreligious, non-home
based, and non-profit school. A charter 
school shall be organized and operated
as a nonprofit 
corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

 (b) A charter school may be established under this Article 
by creating a new
school or by converting an existing public 
school or attendance center to
charter
school status.

Beginning on April 16, 2003 (the effective date of Public Act 
93-3), in all new
applications to establish
a charter
school 
in a city having a population exceeding 500,000, operation of 
the
charter
school shall be limited to one campus. The changes 
made to this Section by Public Act 93-3 do not apply to charter 
schools existing or approved on or before April 16, 2003 (the

effective date of Public Act 93-3).
 (b-5) In this subsection (b-5), "virtual-schooling" means 
a cyber school where students engage in online curriculum and 
instruction via the Internet and electronic communication with 
their teachers at remote locations and with students 
participating at different times. 
 From April 1, 2013 through December 31, 2016, there is a 
moratorium on the establishment of charter schools with 
virtual-schooling components in school districts other than a 
school district organized under Article 34 of this Code. This 
moratorium does not apply to a charter school with 
virtual-schooling components existing or approved prior to 
April 1, 2013 or to the renewal of the charter of a charter 
school with virtual-schooling components already approved 
prior to April 1, 2013.

 (c) A charter school shall be administered and governed by 
its board of
directors or other governing body
in the manner 
provided in its charter. The governing body of a charter 
school
shall be subject to the Freedom of Information Act and 
the Open Meetings Act. No later than January 1, 2021 (one year 
after the effective date of Public Act 101-291), a charter 
school's board of directors or other governing body must 
include at least one parent or guardian of a pupil currently 
enrolled in the charter school who may be selected through the 
charter school or a charter network election, appointment by 
the charter school's board of directors or other governing 
body, or by the charter school's Parent Teacher Organization 
or its equivalent. 
 (c-5) No later than January 1, 2021 (one year after the 
effective date of Public Act 101-291) or within the first year 
of his or her first term, every voting member of a charter 
school's board of directors or other governing body shall 
complete a minimum of 4 hours of professional development 
leadership training to ensure that each member has sufficient 
familiarity with the board's or governing body's role and 
responsibilities, including financial oversight and 
accountability of the school, evaluating the principal's and 
school's performance, adherence to the Freedom of Information 
Act and the Open Meetings Act, and compliance with education 
and labor law. In each subsequent year of his or her term, a 
voting member of a charter school's board of directors or 
other governing body shall complete a minimum of 2 hours of 
professional development training in these same areas. The 
training under this subsection may be provided or certified by 
a statewide charter school membership association or may be 
provided or certified by other qualified providers approved by 
the State Board of Education. 

 (d) For purposes of this subsection (d), "non-curricular 
health and safety requirement" means any health and safety 
requirement created by statute or rule to provide, maintain, 
preserve, or safeguard safe or healthful conditions for 
students and school personnel or to eliminate, reduce, or 
prevent threats to the health and safety of students and 
school personnel. "Non-curricular health and safety 
requirement" does not include any course of study or 
specialized instructional requirement for which the State 
Board has established goals and learning standards or which is 
designed primarily to impart knowledge and skills for students 
to master and apply as an outcome of their education.
 A charter school shall comply with all non-curricular 
health and safety
requirements applicable to public schools 
under the laws of the State of
Illinois. On or before September 
1, 2015, the State Board shall promulgate and post on its 
Internet website a list of non-curricular health and safety 
requirements that a charter school must meet. The list shall 
be updated annually no later than September 1. Any charter 
contract between a charter school and its authorizer must 
contain a provision that requires the charter school to follow 
the list of all non-curricular health and safety requirements 
promulgated by the State Board and any non-curricular health 
and safety requirements added by the State Board to such list 
during the term of the charter. Nothing in this subsection (d) 
precludes an authorizer from including non-curricular health 
and safety requirements in a charter school contract that are 
not contained in the list promulgated by the State Board, 
including non-curricular health and safety requirements of the 
authorizing local school board. 

 (e) Except as otherwise provided in the School Code, a 
charter school shall
not charge tuition; provided that a 
charter school may charge reasonable fees
for textbooks, 
instructional materials, and student activities.

 (f) A charter school shall be responsible for the 
management and operation
of its fiscal affairs, including,
but 
not limited to, the preparation of its budget. An audit of each 
charter
school's finances shall be conducted annually by an 
outside, independent
contractor retained by the charter 
school. The contractor shall not be an employee of the charter 
school or affiliated with the charter school or its authorizer 
in any way, other than to audit the charter school's finances. 
To ensure financial accountability for the use of public 
funds, on or before December 1 of every year of operation, each 
charter school shall submit to its authorizer and the State 
Board a copy of its audit and a copy of the Form 990 the 
charter school filed that year with the federal Internal 
Revenue Service. In addition, if deemed necessary for proper 
financial oversight of the charter school, an authorizer may 
require quarterly financial statements from each charter 
school. 

 (g) A charter school shall comply with all provisions of 
this Article, the Illinois Educational Labor Relations Act, 
all federal and State laws and rules applicable to public 
schools that pertain to special education and the instruction 
of English learners, and
its charter. A charter
school is 
exempt from all other State laws and regulations in this Code

governing public
schools and local school board policies; 
however, a charter school is not exempt from the following:

  (1) Sections 10-21.9 and 34-18.5 of this Code 
 regarding criminal
history records checks and checks of 
 the Statewide Sex Offender Database and Statewide Murderer 
 and Violent Offender Against Youth Database of applicants 
 for employment;

  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
 34-84a of this Code regarding discipline of
students;

  (3) the Local Governmental and Governmental Employees 
 Tort Immunity Act;

  (4) Section 108.75 of the General Not For Profit 
 Corporation Act of 1986
regarding indemnification of 
 officers, directors, employees, and agents;

  (5) the Abused and Neglected Child Reporting Act;

  (5.5) subsection (b) of Section 10-23.12 and 
 subsection (b) of Section 34-18.6 of this Code;
  (6) the Illinois School Student Records Act;

  (7) Section 10-17a of this Code regarding school 
 report cards;

  (8) the P-20 Longitudinal Education Data System Act;
  (9) Section 27-23.7 of this Code regarding bullying 
 prevention;
  (10) Section 2-3.162 of this Code regarding student 
 discipline reporting;
  (11) Sections 22-80 and 27-8.1 of this Code;
  (12) Sections 10-20.60 and 34-18.53 of this Code;
  (13) Sections 10-20.63 and 34-18.56 of this Code;
  (14) Sections 22-90 and 26-18 of this Code;
  (15) Section 22-30 of this Code; 
  (16) Sections 24-12 and 34-85 of this Code; and
  (17) the Seizure Smart School Act;
  (18) Section 2-3.64a-10 of this Code; and
  (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
  (20) (19) Section 10-22.25b of this Code; .
  (21) (19) Section 27-9.1a of this Code;
  (22) (20) Section 27-9.1b of this Code; and 
  (23) (21) Section 34-18.8 of this Code; . 
  (24) (19) Article 26A of this Code; . 
  (25) (19) Section 2-3.188 of this Code; and
  (26) (20) Section 22-85.5 of this Code. 
 The change made by Public Act 96-104 to this subsection 
(g) is declaratory of existing law.
 (h) A charter school may negotiate and contract with a 
school district, the
governing body of a State college or 
university or public community college, or
any other public or 
for-profit or nonprofit private entity for: (i) the use
of a 
school building and grounds or any other real property or 
facilities that
the charter school desires to use or convert 
for use as a charter school site,
(ii) the operation and 
maintenance thereof, and
(iii) the provision of any service, 
activity, or undertaking that the charter
school is required 
to perform in order to carry out the terms of its charter.

However, a charter school
that is established on
or
after 
April 16, 2003 (the effective date of Public Act 93-3) and that 
operates
in a city having a population exceeding
500,000 may 
not contract with a for-profit entity to
manage or operate the 
school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) and
concludes at the end of 
the 2004-2005 school year.
Except as provided in subsection 
(i) of this Section, a school district may
charge a charter 
school reasonable rent for the use of the district's

buildings, grounds, and facilities. Any services for which a 
charter school
contracts
with a school district shall be 
provided by the district at cost. Any services
for which a 
charter school contracts with a local school board or with the

governing body of a State college or university or public 
community college
shall be provided by the public entity at 
cost.

 (i) In no event shall a charter school that is established 
by converting an
existing school or attendance center to 
charter school status be required to
pay rent for space
that is 
deemed available, as negotiated and provided in the charter 
agreement,
in school district
facilities. However, all other 
costs for the operation and maintenance of
school district 
facilities that are used by the charter school shall be 
subject
to negotiation between
the charter school and the 
local school board and shall be set forth in the
charter.

 (j) A charter school may limit student enrollment by age 
or grade level.

 (k) If the charter school is approved by the State Board or 
Commission, then the charter school is its own local education 
agency. 
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 
8-20-21; 102-676, eff. 12-3-21; revised 12-21-21.)

 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
 Sec. 29-5. Reimbursement by State for transportation. Any 
school
district, maintaining a school, transporting resident 
pupils to another
school district's vocational program, 
offered through a joint agreement
approved by the State Board 
of Education, as provided in Section
10-22.22 or transporting 
its resident pupils to a school which meets the
standards for 
recognition as established by the State Board of Education

which provides transportation meeting the standards of safety, 
comfort,
convenience, efficiency and operation prescribed by 
the State Board of
Education for resident pupils in 
kindergarten or any of grades 1 through
12 who: (a) reside at 
least 1 1/2 miles as measured by the customary route of
travel, 
from the school attended; or (b) reside in areas where 
conditions are
such that walking constitutes a hazard to the 
safety of the child when
determined under Section 29-3; and 
(c) are transported to the school attended
from pick-up points 
at the beginning of the school day and back again at the
close 
of the school day or transported to and from their assigned 
attendance
centers during the school day, shall be reimbursed 
by the State as hereinafter
provided in this Section.


 The State will pay the prorated allowable cost of 
transporting eligible pupils less the real equalized assessed 
valuation as computed under paragraph (3) of subsection (d) of 
Section 18-8.15 in a dual school district maintaining 
secondary
grades 9 to 12 inclusive times a qualifying rate of 
.05%; in elementary
school districts maintaining grades K to 8 
times a qualifying rate of
.06%; and in unit districts 
maintaining grades K to 12, including partial elementary unit 
districts formed pursuant to Article 11E, times a qualifying

rate of .07%. To be eligible to receive reimbursement in 
excess of 4/5
of the cost to transport eligible pupils, a 
school district or partial elementary unit district formed 
pursuant to Article 11E shall have a
Transportation Fund tax 
rate of at least .12%. The Transportation Fund tax rate for a 
partial elementary unit district formed pursuant Article 11E 
shall be the combined elementary and high school rates 
pursuant to paragraph (4) of subsection (a) of Section 
18-8.15. If a school district or partial elementary unit 
district formed pursuant to Article 11E
does not have a .12% 
Transportation Fund tax rate, the amount of its
claim in 
excess of 4/5 of the cost of transporting pupils shall be

reduced by the sum arrived at by subtracting the 
Transportation Fund tax
rate from .12% and multiplying that 
amount by the district's real equalized assessed valuation as 
computed under paragraph (3) of subsection (d) of Section 
18-8.15, provided that in no case shall said reduction
result 
in reimbursement of less than 4/5 of the cost to transport

eligible pupils.


 The minimum amount to be received by a district is $16 
times the
number of eligible pupils transported.


 When calculating the reimbursement for transportation 
costs, the State Board of Education may not deduct the number 
of pupils enrolled in early education programs from the number 
of pupils eligible for reimbursement if the pupils enrolled in 
the early education programs are transported at the same time 
as other eligible pupils.

 Any such district transporting resident pupils during the 
school day
to an area vocational school or another school 
district's vocational
program more than 1 1/2 miles from the 
school attended, as provided in
Sections 10-22.20a and 
10-22.22, shall be reimbursed by the State for 4/5
of the cost 
of transporting eligible pupils.


 School day means that period of time during which the 
pupil is required to be
in attendance for instructional 
purposes.


 If a pupil is at a location within the school district 
other than his
residence for child care purposes at the time 
for transportation to school,
that location may be considered 
for purposes of determining the 1 1/2 miles
from the school 
attended.


 Claims for reimbursement that include children who attend 
any school
other than a public school shall show the number of 
such children
transported.


 Claims for reimbursement under this Section shall not be 
paid for the
transportation of pupils for whom transportation 
costs are claimed for
payment under other Sections of this 
Act.


 The allowable direct cost of transporting pupils for 
regular, vocational,
and special education pupil 
transportation shall be limited to the sum of
the cost of 
physical examinations required for employment as a school bus

driver; the salaries of full-time or part-time drivers and 
school bus maintenance
personnel; employee benefits excluding 
Illinois municipal retirement
payments, social security 
payments, unemployment insurance payments and
workers' 
compensation insurance premiums; expenditures to independent

carriers who operate school buses; payments to other school 
districts for
pupil transportation services; pre-approved 
contractual expenditures for
computerized bus scheduling; 
expenditures for housing assistance and homeless prevention 
under Sections 1-17 and 1-18 of the Education for Homeless 
Children Act that are not in excess of the school district's 
actual costs for providing transportation services and are not 
otherwise claimed in another State or federal grant that 
permits those costs to a parent, a legal guardian, any other 
person who enrolled a pupil, or a homeless assistance agency 
that is part of the federal McKinney-Vento Homeless Assistance 
Act's continuum of care for the area in which the district is 
located; the cost of gasoline, oil, tires, and other
supplies 
necessary for the operation of school buses; the cost of

converting buses' gasoline engines to more fuel efficient 
engines or to
engines which use alternative energy sources; 
the cost of travel to
meetings and workshops conducted by the 
regional superintendent or the
State Superintendent of 
Education pursuant to the standards established by
the 
Secretary of State under Section 6-106 of the Illinois Vehicle 
Code to improve the driving skills of
school bus drivers; the 
cost of maintenance of school buses including parts
and 
materials used; expenditures for leasing transportation 
vehicles,
except interest and service charges; the cost of 
insurance and licenses for
transportation vehicles; 
expenditures for the rental of transportation
equipment; plus 
a depreciation allowance of 20% for 5 years for school
buses 
and vehicles approved for transporting pupils to and from 
school and
a depreciation allowance of 10% for 10 years for 
other transportation
equipment so used.
Each school year, if a 
school district has made expenditures to the
Regional 
Transportation Authority or any of its service boards, a mass

transit district, or an urban transportation district under an

intergovernmental agreement with the district to provide for 
the
transportation of pupils and if the public transit carrier 
received direct
payment for services or passes from a school 
district within its service
area during the 2000-2001 school 
year, then the allowable direct cost of
transporting pupils 
for regular, vocational, and special education pupil

transportation shall also include the expenditures that the 
district has
made to the public transit carrier.
In addition 
to the above allowable costs, school
districts shall also 
claim all transportation supervisory salary costs,
including 
Illinois municipal retirement payments, and all transportation

related building and building maintenance costs without 
limitation.


 Special education allowable costs shall also include 
expenditures for the
salaries of attendants or aides for that 
portion of the time they assist
special education pupils while 
in transit and expenditures for parents and
public carriers 
for transporting special education pupils when pre-approved
by 
the State Superintendent of Education.


 Indirect costs shall be included in the reimbursement 
claim for districts
which own and operate their own school 
buses. Such indirect costs shall
include administrative costs, 
or any costs attributable to transporting
pupils from their 
attendance centers to another school building for

instructional purposes. No school district which owns and 
operates its own
school buses may claim reimbursement for 
indirect costs which exceed 5% of
the total allowable direct 
costs for pupil transportation.


 The State Board of Education shall prescribe uniform 
regulations for
determining the above standards and shall 
prescribe forms of cost
accounting and standards of 
determining reasonable depreciation. Such
depreciation shall 
include the cost of equipping school buses with the
safety 
features required by law or by the rules, regulations and 
standards
promulgated by the State Board of Education, and the 
Department of
Transportation for the safety and construction 
of school buses provided,
however, any equipment cost 
reimbursed by the Department of Transportation
for equipping 
school buses with such safety equipment shall be deducted
from 
the allowable cost in the computation of reimbursement under 
this
Section in the same percentage as the cost of the 
equipment is depreciated.


 On or before August 15, annually, the chief school 
administrator for
the district shall certify to the State 
Superintendent of Education the
district's claim for 
reimbursement for the school year ending on June 30
next 
preceding. The State Superintendent of Education shall check 
and
approve the claims and prepare the vouchers showing the 
amounts due for
district reimbursement claims. Each fiscal 
year, the State
Superintendent of Education shall prepare and 
transmit the first 3
vouchers to the Comptroller on the 30th 
day of September, December and
March, respectively, and the 
final voucher, no later than June 20.


 If the amount appropriated for transportation 
reimbursement is insufficient
to fund total claims for any 
fiscal year, the State Board of Education shall
reduce each 
school district's allowable costs and flat grant amount

proportionately to make total adjusted claims equal the total 
amount
appropriated.


 For purposes of calculating claims for reimbursement under 
this Section for any school year beginning July 1, 2016, the 
equalized assessed valuation for a school district or partial 
elementary unit district formed pursuant to Article 11E used 
to compute reimbursement shall be the real equalized assessed 
valuation as computed under paragraph (3) of subsection (d) of 
Section 18-8.15.


 All reimbursements received from the State shall be 
deposited into the
district's transportation fund or into the 
fund from which the allowable
expenditures were made.


 Notwithstanding any other provision of law, any school 
district receiving
a payment under this Section or under 
Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may 
classify all or a portion of the funds that it
receives in a 
particular fiscal year or from State aid pursuant to
Section 
18-8.15 of this Code
as funds received in connection with any 
funding program for which it is
entitled to receive funds from 
the State in that fiscal year (including,
without limitation, 
any funding program referenced in this Section),
regardless of 
the source or timing of the receipt. The district may not

classify more funds as funds received in connection with the 
funding
program than the district is entitled to receive in 
that fiscal year for that
program. Any
classification by a 
district must be made by a resolution of its board of

education. The resolution must identify the amount of any 
payments or
general State aid to be classified under this 
paragraph and must specify
the funding program to which the 
funds are to be treated as received in
connection therewith. 
This resolution is controlling as to the
classification of 
funds referenced therein. A certified copy of the
resolution 
must be sent to the State Superintendent of Education.
The 
resolution shall still take effect even though a copy of the 
resolution has
not been sent to the State
Superintendent of 
Education in a timely manner.
No
classification under this 
paragraph by a district shall affect the total amount
or 
timing of money the district is entitled to receive under this 
Code.
No classification under this paragraph by a district 
shall
in any way relieve the district from or affect any

requirements that otherwise would apply with respect to
that 
funding program, including any
accounting of funds by source, 
reporting expenditures by
original source and purpose,

reporting requirements,
or requirements of providing services.


 Any school district with a population of not more than 
500,000
must deposit all funds received under this Article 
into the transportation
fund and use those funds for the 
provision of transportation services.


(Source: P.A. 102-539, eff. 8-20-21; revised 11-29-21.)




 (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 
Public Act 102-677) this amendatory Act of the 102nd General 
Assembly, 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 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 
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 
 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 
 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, 
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; 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.

 (f-5) Notwithstanding disclosure, a person who has been 
convicted of 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 
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 or failed to disclose a
conviction 
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.

 (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) this amendatory Act of the 102nd General 
Assembly, 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 
 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) 
 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 
 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 s 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 
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, 
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 
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 
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; revised 1-9-22.)




 (105 ILCS 5/34-4.5)


 Sec. 34-4.5. Chronic truants. 

 (a) Socio-emotional focused attendance intervention. The 
chief executive officer or the chief executive officer's 
designee shall implement a socio-emotional focused attendance 
approach that targets the underlying causes of chronic 
truancy. For each pupil identified as a chronic truant, as 
defined in Section 26-2a of this Code, the board may establish 
an individualized student attendance plan to identify and 
resolve the underlying cause of the pupil's chronic truancy.

 (b) Notices. Prior to the implementation of any truancy 
intervention services pursuant to subsection (d) of this 
Section, the
principal of
the school attended by the pupil or 
the principal's designee shall notify the
pupil's parent or 
guardian by personal visit, letter, or telephone of each

unexcused absence of the pupil. After giving the parent or 
guardian notice of
the tenth unexcused absence of the pupil, 
the principal or the principal's
designee shall send the 
pupil's parent or guardian a letter, by certified mail,
return 
receipt requested, notifying the parent or guardian that he or 
she is
subjecting himself or herself to truancy intervention 
services as provided under
subsection (d) of this Section.

 (c) (Blank).

 (d) Truancy intervention services. The chief executive 
officer or the chief executive officer's designee may require 
the pupil or the pupil's
parent or guardian or both the pupil 
and the pupil's parent or guardian to do
any or all of the 
following: complete a parenting education program;
obtain 
counseling or other supportive services; and comply with an

individualized
educational plan or service plan as provided by 
appropriate school officials.
If the parent or guardian of the 
chronic truant shows that he or she
took reasonable steps to 
ensure attendance of the pupil at school, he or she
shall not 
be required to perform services.

 (e) Non-compliance with services. Notwithstanding any 
other provision of law to the contrary, if a pupil determined 
by the chief executive officer or the chief executive 
officer's designee to be a chronic truant or the parent or 
guardian of the pupil fails to fully participate in the 
services offered
under subsection (d)
of this Section, the 
chief executive officer or the chief executive officer's 
designee may refer the
matter to the Department of Human 
Services, the Department of Healthcare and Family Services, or 
any other applicable organization or State agency for 
socio-emotional based intervention and prevention services. 
Additionally, if the circumstances regarding a pupil 
identified as a chronic truant reasonably indicate that the 
pupil may be subject to abuse or neglect, apart from truancy, 
the chief executive officer or the chief executive officer's 
designee must report any findings that support suspected abuse 
or neglect to the Department of Children and Family Services 
pursuant to the Abused and Neglected Child Reporting Act. A 
State agency that receives a referral may enter into a data 
sharing agreement with the school district to share applicable 
student referral and case data. A State agency that receives a 
referral from the school district shall implement an intake 
process that may include a consent form that allows the agency 
to share information with the school district..

 (f) Limitation on applicability. Nothing in this Section 
shall be construed
to apply to a parent or guardian of a pupil 
not required to attend a public
school pursuant to Section 
26-1.

(Source: P.A. 102-456, eff. 1-1-22; revised 10-6-21.)


 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
 Sec. 34-18.5. Criminal history records checks and checks 
of the Statewide Sex Offender Database and Statewide Murderer 
and Violent Offender Against Youth Database.
 (a) Licensed and nonlicensed applicants for
employment 
with the school district are required as a condition of

employment to authorize a fingerprint-based criminal history 
records check to determine if such applicants
have been 
convicted of any disqualifying, enumerated criminal or drug 
offense in
subsection (c) of this Section or have been

convicted, within 7 years of the application for employment 
with the
school district, of any other felony under the laws of 
this State or of any
offense committed or attempted in any 
other state or against the laws of
the United States that, if 
committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State. 
Authorization
for
the
check shall
be furnished by the 
applicant to the school district, except that if the
applicant 
is a substitute teacher seeking employment in more than one

school district, or a teacher seeking concurrent part-time 
employment
positions with more than one school district (as a 
reading specialist,
special education teacher or otherwise), 
or an educational support
personnel employee seeking 
employment positions with more than one
district, any such 
district may require the applicant to furnish
authorization 
for
the check to the regional superintendent of the

educational service region in which are located the school 
districts in
which the applicant is seeking employment as a 
substitute or concurrent
part-time teacher or concurrent 
educational support personnel employee.
Upon receipt of this 
authorization, the school district or the appropriate
regional 
superintendent, as the case may be, shall submit the 
applicant's
name, sex, race, date of birth, social security 
number, fingerprint images, and other identifiers, as 
prescribed by the Illinois State Police, to the Illinois State 
Police. The regional
superintendent submitting the requisite 
information to the Illinois
State Police shall promptly notify 
the school districts in which the
applicant is seeking 
employment as a substitute or concurrent part-time
teacher or 
concurrent educational support personnel employee that
the

check of the applicant has been requested. The Illinois State

Police and the Federal Bureau of Investigation shall furnish, 
pursuant to a fingerprint-based criminal history records 
check, records of convictions, forever and hereinafter, until 
expunged, to the president of the school board for the school 
district that requested the check, or to the regional 
superintendent who requested the check. The Illinois State 
Police
shall charge
the school district
or the appropriate 
regional superintendent a fee for
conducting
such check, which 
fee shall be deposited in the State
Police Services Fund and 
shall not exceed the cost of the inquiry; and the
applicant 
shall not be charged a fee for
such check by the school

district or by the regional superintendent. Subject to 
appropriations for these purposes, the State Superintendent of 
Education shall reimburse the school district and regional 
superintendent for fees paid to obtain criminal history 
records checks under this Section.
 (a-5) The school district or regional superintendent shall 
further perform a check of the Statewide Sex Offender 
Database, as authorized by the Sex Offender Community 
Notification Law, for each applicant. The check of the 
Statewide Sex Offender Database must be conducted by the 
school district or regional superintendent once for every 5 
years that an applicant remains employed by the school 
district. 
 (a-6) The school district or regional superintendent shall 
further perform a check of the Statewide Murderer and Violent 
Offender Against Youth Database, as authorized by the Murderer 
and Violent Offender Against Youth Community Notification Law, 
for each applicant. The check of the Murderer and Violent 
Offender Against Youth Database must be conducted by the 
school district or regional superintendent once for every 5 
years that an applicant remains employed by the school 
district. 
 (b) Any
information concerning the record of convictions 
obtained by the president
of the board of education or the 
regional superintendent shall be
confidential and may only be 
transmitted to the general superintendent of
the school 
district or his designee, the appropriate regional

superintendent if
the check was requested by the board of 
education
for the school district, the presidents of the 
appropriate board of
education or school boards if
the check 
was requested from the Illinois
State Police by the regional 
superintendent, the State Board of Education and the school 
district as authorized under subsection (b-5), the State

Superintendent of Education, the State Educator Preparation 
and Licensure Board or any
other person necessary to the 
decision of hiring the applicant for
employment. A copy of the 
record of convictions obtained from the Illinois
State Police 
shall be provided to the applicant for
employment. Upon the 
check of the Statewide Sex Offender Database or Statewide 
Murderer and Violent Offender Against Youth Database, the 
school district or regional superintendent shall notify an 
applicant as to whether or not the applicant has been 
identified in the Database. If a check of an applicant for 
employment as a
substitute or concurrent part-time teacher or 
concurrent educational
support personnel employee in more than 
one school district was requested
by the regional 
superintendent, and the Illinois State Police upon
a check 
ascertains that the applicant has not been convicted of any
of 
the enumerated criminal or drug offenses in subsection (c) of 
this Section
or has not been
convicted,
within 7 years of the 
application for employment with the
school district, of any 
other felony under the laws of this State or of any
offense 
committed or attempted in any other state or against the laws 
of
the United States that, if committed or attempted in this 
State, would
have been punishable as a felony under the laws of 
this State and so
notifies the regional superintendent and if 
the regional superintendent upon a check ascertains that the 
applicant has not been identified in the Sex Offender Database 
or Statewide Murderer and Violent Offender Against Youth 
Database, then the regional superintendent
shall issue to the 
applicant a certificate evidencing that as of the date

specified by the Illinois State Police the applicant has not 
been
convicted of any of the enumerated criminal or drug 
offenses in subsection
(c) of this Section
or has not been

convicted, within 7 years of the application for employment 
with the
school district, of any other felony under the laws of 
this State or of any
offense committed or attempted in any 
other state or against the laws of
the United States that, if 
committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State and 
evidencing that as of the date that the regional 
superintendent conducted a check of the Statewide Sex Offender 
Database or Statewide Murderer and Violent Offender Against 
Youth Database, the applicant has not been identified in the 
Database. The school
board of any school district may rely on 
the certificate issued by any regional
superintendent to that 
substitute teacher, concurrent part-time teacher, or 
concurrent educational support personnel employee
or may 
initiate its own criminal history records check of
the 
applicant through the Illinois State Police and its own check 
of the Statewide Sex Offender Database or Statewide Murderer 
and Violent Offender Against Youth Database as provided in

this Section. Any unauthorized release of confidential 
information may be a violation of Section 7 of the Criminal 
Identification Act.
 (b-5) If a criminal history records check or check of the 
Statewide Sex Offender Database or Statewide Murderer and 
Violent Offender Against Youth Database is performed by a 
regional superintendent for an applicant seeking employment as 
a substitute teacher with the school district, the regional 
superintendent may disclose to the State Board of Education 
whether the applicant has been issued a certificate under 
subsection (b) based on those checks. If the State Board 
receives information on an applicant under this subsection, 
then it must indicate in the Educator Licensure Information 
System for a 90-day period that the applicant has been issued 
or has not been issued a certificate. 
 (c) The board of education shall not knowingly employ a 
person who has
been convicted of any offense that would 
subject him or her to license suspension or revocation 
pursuant to Section 21B-80 of this Code, except as provided 
under subsection (b) of 21B-80.
Further, the board of 
education shall not knowingly employ a person who has
been 
found to be the perpetrator of sexual or physical abuse of any 
minor under
18 years of age pursuant to proceedings under 
Article II of the Juvenile Court
Act of 1987. As a condition of 
employment, the board of education must consider the status of 
a person who has been issued an indicated finding of abuse or 
neglect of a child by the Department of Children and Family 
Services under the Abused and Neglected Child Reporting Act or 
by a child welfare agency of another jurisdiction.
 (d) The board of education shall not knowingly employ a 
person for whom
a criminal history records check and a 
Statewide Sex Offender Database check have not been initiated.
 (e) Within 10 days after the general superintendent of 
schools, a regional office of education, or an entity that 
provides background checks of license holders to public 
schools receives information of a pending criminal charge 
against a license holder for an offense set forth in Section 
21B-80 of this Code, the superintendent, regional office of 
education, or entity must notify the State Superintendent of 
Education of the pending criminal charge. 
 No later than 15 business days after receipt of a record of 
conviction or of checking the Statewide Murderer and Violent 
Offender Against Youth Database or the Statewide Sex Offender 
Database and finding a registration, the general 
superintendent of schools or the applicable regional 
superintendent shall, in writing, notify the State 
Superintendent of Education of any license holder who has been 
convicted of a crime set forth in Section 21B-80 of this Code. 
Upon receipt of the record of a conviction of or a finding of 
child
abuse by a holder of any license
issued pursuant to 
Article 21B or Section 34-8.1 or 34-83 of this Code, the State 
Superintendent of
Education may initiate licensure suspension 
and revocation
proceedings as authorized by law. If the 
receipt of the record of conviction or finding of child abuse 
is received within 6 months after the initial grant of or 
renewal of a license, the State Superintendent of Education 
may rescind the license holder's license.
 (e-5) The general superintendent of schools shall, in 
writing, notify the State Superintendent of Education of any 
license holder whom he or she has reasonable cause to believe 
has committed an intentional act of abuse or neglect with the 
result of making a child an abused child or a neglected child, 
as defined in Section 3 of the Abused and Neglected Child 
Reporting Act, and that act resulted in the license holder's 
dismissal or resignation from the school district and must 
include the Illinois Educator Identification Number (IEIN) of 
the license holder and a brief description of the misconduct 
alleged. This notification must be submitted within 30 days 
after the dismissal or resignation. The license holder must 
also be contemporaneously sent a copy of the notice by the 
superintendent. All correspondence, documentation, and other 
information so received by the State Superintendent of 
Education, the State Board of Education, or the State Educator 
Preparation and Licensure Board under this subsection (e-5) is 
confidential and must not be disclosed to third parties, 
except (i) as necessary for the State Superintendent of 
Education or his or her designee to investigate and prosecute 
pursuant to Article 21B of this Code, (ii) pursuant to a court 
order, (iii) for disclosure to the license holder or his or her 
representative, or (iv) as otherwise provided in this Article 
and provided that any such information admitted into evidence 
in a hearing is exempt from this confidentiality and 
non-disclosure requirement. Except for an act of willful or 
wanton misconduct, any superintendent who provides 
notification as required in this subsection (e-5) shall have 
immunity from any liability, whether civil or criminal or that 
otherwise might result by reason of such action.
 (f) After March 19, 1990, the provisions of this Section 
shall apply to
all employees of persons or firms holding 
contracts with any school district
including, but not limited 
to, food service workers, school bus drivers and
other 
transportation employees, who have direct, daily contact with 
the
pupils of any school in such district. For purposes of 
criminal history records checks and checks of the Statewide 
Sex Offender Database on employees of persons or firms holding 
contracts with more
than one school district and assigned to 
more than one school district, the
regional superintendent of 
the educational service region in which the
contracting school 
districts are located may, at the request of any such
school 
district, be responsible for receiving the authorization for
a 
criminal history records check prepared by each such employee 
and submitting the same to the Illinois
State Police and for 
conducting a check of the Statewide Sex Offender Database for 
each employee. Any information concerning the record of

conviction and identification as a sex offender of any such 
employee obtained by the regional superintendent
shall be 
promptly reported to the president of the appropriate school 
board
or school boards.
 (f-5) Upon request of a school or school district, any 
information obtained by the school district pursuant to 
subsection (f) of this Section within the last year must be 
made available to the requesting school or school district.
 (g) Prior to the commencement of any student teaching 
experience or required internship (which is referred to as 
student teaching in this Section) in the public schools, a 
student teacher is required to authorize a fingerprint-based 
criminal history records check. Authorization for and payment 
of the costs of the check must be furnished by the student 
teacher to the school district. Upon receipt of this 
authorization and payment, the school district shall submit 
the student teacher's name, sex, race, date of birth, social 
security number, fingerprint images, and other identifiers, as 
prescribed by the Illinois State Police, to the Illinois State 
Police. The Illinois State Police and the Federal Bureau of 
Investigation shall furnish, pursuant to a fingerprint-based 
criminal history records check, records of convictions, 
forever and hereinafter, until expunged, to the president of 
the board. The Illinois State Police shall charge the school 
district a fee for conducting the check, which fee must not 
exceed the cost of the inquiry and must be deposited into the 
State Police Services Fund. The school district shall further 
perform a check of the Statewide Sex Offender Database, as 
authorized by the Sex Offender Community Notification Law, and 
of the Statewide Murderer and Violent Offender Against Youth 
Database, as authorized by the Murderer and Violent Offender 
Against Youth Registration Act, for each student teacher. The 
board may not knowingly allow a person to student teach for 
whom a criminal history records check, a Statewide Sex 
Offender Database check, and a Statewide Murderer and Violent 
Offender Against Youth Database check have not been completed 
and reviewed by the district.
 A copy of the record of convictions obtained from the 
Illinois State Police must be provided to the student teacher. 
Any information concerning the record of convictions obtained 
by the president of the board is confidential and may only be 
transmitted to the general superintendent of schools or his or 
her designee, the State Superintendent of Education, the State 
Educator Preparation and Licensure Board, or, for 
clarification purposes, the Illinois State Police or the 
Statewide Sex Offender Database or Statewide Murderer and 
Violent Offender Against Youth Database. Any unauthorized 
release of confidential information may be a violation of 
Section 7 of the Criminal Identification Act.
 The board may not knowingly allow a person to student 
teach who has been convicted of any offense that would subject 
him or her to license suspension or revocation pursuant to 
subsection (c) of Section 21B-80 of this Code, except as 
provided under subsection (b) of Section 21B-80. Further, the 
board may not allow a person to student teach if he or she has 
been found to be the perpetrator of sexual or physical abuse of 
a minor under 18 years of age pursuant to proceedings under 
Article II of the Juvenile Court Act of 1987. The board must 
consider the status of a person to student teach who has been 
issued an indicated finding of abuse or neglect of a child by 
the Department of Children and Family Services under the 
Abused and Neglected Child Reporting Act or by a child welfare 
agency of another jurisdiction.
 (h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; 
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. 
1-1-22; revised 10-18-21.)




 (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)



 Sec. 34-18.8. HIV training. School counselors, nurses,

teachers, school social workers, and other school personnel 
who work with students shall be trained to have a basic 
knowledge of matters relating
to human immunodeficiency virus 
(HIV), including the nature of the infection, its causes and 
effects, the means of detecting it and preventing
its 
transmission, the availability of appropriate sources of 
counseling and
referral, and any other medically accurate 
information that is age and developmentally appropriate for 
such students. The Board of Education shall supervise
such 
training. The State Board of Education and the Department of 
Public
Health shall jointly develop standards for such 
training.

(Source: P.A. 102-197, eff. 7-30-21; 102-522, eff. 8-20-21; 
revised 10-18-21.)


 (105 ILCS 5/34-18.67)
 Sec. 34-18.67. Student identification; suicide prevention 
information. The school district shall provide contact 
information for the National Suicide Prevention Lifeline and 
for the Crisis Text Line on the back of each student 
identification card issued by the school district. If the 
school district does not issue student identification cards to 
its students or to all of its students, the school district 
must publish this information on its website.

(Source: P.A. 102-134, eff. 7-23-21.)



 (105 ILCS 5/34-18.71)


 (This Section may contain text from a Public Act with a 
delayed effective date)
 Sec. 34-18.71 34-18.67. Parent-teacher conference and 
other meetings; caseworker. For any student who is in the 
legal custody of the Department of Children and Family 
Services, the liaison appointed under Section 34-18.52 must 
inform the Department's Office of Education and Transition 
Services of a parent-teacher conference or any other meeting 
concerning the student that would otherwise involve a parent 
and must, at the option of the caseworker, allow the student's 
caseworker to attend the conference or meeting.

(Source: P.A. 102-199, eff. 7-1-22; revised 10-19-21.)




 (105 ILCS 5/34-18.72)


 (This Section may contain text from a Public Act with a 
delayed effective date)
 Sec. 34-18.72 34-18.67. Website accessibility guidelines.
 (a) As used in this Section, "Internet website or web 
service" means any third party online curriculum that is made 
available to enrolled students or the public by the school 
district through the Internet.
 (b) To ensure that the content available on an Internet 
website or web service of the school district is readily 
accessible to persons with disabilities, the school district 
must require that the Internet website or web service comply 
with Level AA of the World Wide Web Consortium's Web Content 
Accessibility Guidelines 2.1 or any revised version of those 
guidelines. 

(Source: P.A. 102-238, eff. 8-1-22; revised 10-19-21.)




 (105 ILCS 5/34-18.73)


 Sec. 34-18.73 34-18.67. Parental notification of student 
discipline.
 (a) In this Section, "misconduct" means an incident that 
involves offensive touching, a physical altercation, or the 
use of violence.
 (b) If a student commits an act or acts of misconduct 
involving offensive touching, a physical altercation, or the 
use of violence, the student's school shall provide written 
notification of that misconduct to the parent or guardian of 
the student.
 (c) If a student makes a written statement to a school 
employee relating to an act or acts of misconduct, whether the 
student is engaging in the act or acts or is targeted by the 
act or acts, the school shall provide the written statement to 
the student's parent or guardian, upon request and in 
accordance with federal and State laws and rules governing 
school student records.
 (d) If the parent or guardian of a student involved in an 
act or acts of misconduct, whether the student is engaging in 
the act or acts or is targeted by the act or acts, requests a 
synopsis of any statement made by the parent's or guardian's 
child, the school shall provide any existing records 
responsive to that request, in accordance with federal and 
State laws and rules governing school student records.
 (e) A school shall make reasonable attempts to provide a 
copy of any disciplinary report resulting from an 
investigation into a student's act or acts of misconduct to 
the parent or guardian of the student receiving disciplinary 
action, including any and all restorative justice measures, 
within 2 school days after the completion of the report. The 
disciplinary report shall include all of the following: 
  (1) A description of the student's act or acts of 
 misconduct that resulted in disciplinary action. The names 
 and any identifying information of any other student or 
 students involved must be redacted from or not included in 
 the report, in accordance with federal and State student 
 privacy laws and rules.
  (2) A description of the disciplinary action, if any, 
 imposed on the parent's or guardian's child, including the 
 duration of the disciplinary action.
  (3) The school's justification and rationale for the 
 disciplinary action imposed on the parent's or guardian's 
 child, including reference to the applicable student 
 discipline policies, procedures, or guidelines.
  (4) A description of the restorative justice measures, 
 if any, used on the parent's or guardian's child. 

(Source: P.A. 102-251, eff. 8-6-21; revised 10-19-21.)




 (105 ILCS 5/34-18.74)


 Sec. 34-18.74 34-18.67. School support personnel 
reporting. No later than December 1, 2022 and each December 
1st annually thereafter, the school district must report to 
the State Board of Education the information with regard to 
the school district as of October 1st of each year beginning in 
2022 as described in subsection (b) of Section 2-3.182 of this 
Code and must make that information available on its website.

(Source: P.A. 102-302, eff. 1-1-22; revised 10-19-21.)




 (105 ILCS 5/34-18.75)


 (This Section may contain text from a Public Act with a 
delayed effective date)
 Sec. 34-18.75 34-18.67. Identification cards; suicide 
prevention information. If the school district issues an 
identification card to pupils in any of grades 6 through 12, 
the district shall provide contact information for the 
National Suicide Prevention Lifeline (988), the Crisis Text 
Line, and either the Safe2Help Illinois helpline or a local 
suicide prevention hotline or both on the identification card. 
The contact information shall identify each helpline that may 
be contacted through text messaging. The contact information 
shall be included in the school's student handbook and also 
the student planner if a student planner is custom printed by 
the school for distribution to pupils in any of grades 6 
through 12.

(Source: P.A. 102-416, eff. 7-1-22; revised 10-19-21.)




 (105 ILCS 5/34-18.76)


 Sec. 34-18.76 34-18.67. Student absence; pregnancy. The 
board shall adopt written policies related to absences and 
missed homework or classwork assignments as a result of or 
related to a student's pregnancy.

(Source: P.A. 102-471, eff. 8-20-21; revised 10-19-21.)


 (105 ILCS 5/34-21.9)
 Sec. 34-21.9. Modification of athletic or team uniform 
permitted.
 (a) The board must allow a student athlete to modify his or 
her athletic or team uniform due to the observance of modesty 
in clothing or attire in accordance with the requirements of 
his or her religion or his or her cultural values or modesty 
preferences. The modification of the athletic or team uniform 
may include, but is not limited to, the wearing of a hijab, an 
undershirt, or leggings. If a student chooses to modify his or 
her athletic or team uniform, the student is responsible for 
all costs associated with the modification of the uniform and 
the student shall not be required to receive prior approval 
from the board for such modification. However, nothing in this 
Section prohibits a school from providing the modification to 
the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface. 

(Source: P.A. 102-51, eff. 7-9-21; revised 10-20-21.)

 Section 315. The Illinois School Student Records Act is 
amended by changing Sections 2 and 6 as follows:




 (105 ILCS 10/2) (from Ch. 122, par. 50-2)



 (Text of Section before amendment by P.A. 102-199 and 
102-466)
 Sec. 2. 
As used in this Act:

 (a) "Student" means any person enrolled or previously 
enrolled in a school.

 (b) "School" means any public preschool, day care center,

kindergarten, nursery, elementary or secondary educational 
institution,
vocational school, special educational facility 
or any other elementary or
secondary educational agency or 
institution and any person, agency or
institution which 
maintains school student records from more than one school,

but does not include a private or non-public school.

 (c) "State Board" means the State Board of Education.

 (d) "School Student Record" means any writing or
other 
recorded information concerning a student
and by which a 
student may be individually identified,
maintained by a school 
or at its direction or by an employee of a
school, regardless 
of how or where the information is stored.
The following shall 
not be deemed school student records under
this Act: writings 
or other recorded information maintained by an
employee of a 
school or other person at the direction of a school for his or

her exclusive use; provided that all such writings and other 
recorded
information are destroyed not later than the 
student's graduation or permanent
withdrawal from the school; 
and provided further that no such records or
recorded 
information may be released or disclosed to any person except 
a person
designated by the school as
a substitute unless they 
are first incorporated
in a school student record and made 
subject to all of the
provisions of this Act.
School student 
records shall not include information maintained by
law 
enforcement professionals working in the school.

 (e) "Student Permanent Record" means the minimum personal

information necessary to a school in the education of the 
student
and contained in a school student record. Such 
information
may include the student's name, birth date, 
address, grades
and grade level, parents' names and addresses, 
attendance
records, and such other entries as the State Board 
may
require or authorize.

 (f) "Student Temporary Record" means all information 
contained in
a school student record but not contained in
the 
student permanent record. Such information may include
family 
background information, intelligence test scores, aptitude

test scores, psychological and personality test results, 
teacher
evaluations, and other information of clear relevance 
to the
education of the student, all subject to regulations of 
the State Board.
The information shall include information 
provided under Section 8.6 of the
Abused and Neglected Child 
Reporting Act and information contained in service logs 
maintained by a local education agency under subsection (d) of 
Section 14-8.02f of the School Code.
In addition, the student 
temporary record shall include information regarding
serious 
disciplinary infractions that resulted in expulsion, 
suspension, or the
imposition of punishment or sanction. For 
purposes of this provision, serious
disciplinary infractions 
means: infractions involving drugs, weapons, or bodily
harm to 
another.

 (g) "Parent" means a person who is the natural parent of 
the
student or other person who has the primary responsibility 
for the
care and upbringing of the student. All rights and 
privileges accorded
to a parent under this Act shall become 
exclusively those of the student
upon his 18th birthday, 
graduation from secondary school, marriage
or entry into 
military service, whichever occurs first. Such
rights and 
privileges may also be exercised by the student
at any time 
with respect to the student's permanent school record.

(Source: P.A. 101-515, eff. 8-23-19; 102-558, eff. 8-20-21.)

 (Text of Section after amendment by P.A. 102-199 but 
before amendment by P.A. 102-466)
 Sec. 2. 
As used in this Act:

 (a) "Student" means any person enrolled or previously 
enrolled in a school.

 (b) "School" means any public preschool, day care center,

kindergarten, nursery, elementary or secondary educational 
institution,
vocational school, special educational facility 
or any other elementary or
secondary educational agency or 
institution and any person, agency or
institution which 
maintains school student records from more than one school,

but does not include a private or non-public school.

 (c) "State Board" means the State Board of Education.

 (d) "School Student Record" means any writing or
other 
recorded information concerning a student
and by which a 
student may be individually identified,
maintained by a school 
or at its direction or by an employee of a
school, regardless 
of how or where the information is stored.
The following shall 
not be deemed school student records under
this Act: writings 
or other recorded information maintained by an
employee of a 
school or other person at the direction of a school for his or

her exclusive use; provided that all such writings and other 
recorded
information are destroyed not later than the 
student's graduation or permanent
withdrawal from the school; 
and provided further that no such records or
recorded 
information may be released or disclosed to any person except 
a person
designated by the school as
a substitute unless they 
are first incorporated
in a school student record and made 
subject to all of the
provisions of this Act.
School student 
records shall not include information maintained by
law 
enforcement professionals working in the school.

 (e) "Student Permanent Record" means the minimum personal

information necessary to a school in the education of the 
student
and contained in a school student record. Such 
information
may include the student's name, birth date, 
address, grades
and grade level, parents' names and addresses, 
attendance
records, and such other entries as the State Board 
may
require or authorize.

 (f) "Student Temporary Record" means all information 
contained in
a school student record but not contained in
the 
student permanent record. Such information may include
family 
background information, intelligence test scores, aptitude

test scores, psychological and personality test results, 
teacher
evaluations, and other information of clear relevance 
to the
education of the student, all subject to regulations of 
the State Board.
The information shall include information 
provided under Section 8.6 of the
Abused and Neglected Child 
Reporting Act and information contained in service logs 
maintained by a local education agency under subsection (d) of 
Section 14-8.02f of the School Code.
In addition, the student 
temporary record shall include information regarding
serious 
disciplinary infractions that resulted in expulsion, 
suspension, or the
imposition of punishment or sanction. For 
purposes of this provision, serious
disciplinary infractions 
means: infractions involving drugs, weapons, or bodily
harm to 
another.

 (g) "Parent" means a person who is the natural parent of 
the
student or other person who has the primary responsibility 
for the
care and upbringing of the student. All rights and 
privileges accorded
to a parent under this Act shall become 
exclusively those of the student
upon his 18th birthday, 
graduation from secondary school, marriage
or entry into 
military service, whichever occurs first. Such
rights and 
privileges may also be exercised by the student
at any time 
with respect to the student's permanent school record.

 (h) "Department" means the Department of Children and 
Family Services. 
(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; 
102-558, eff. 8-20-21.)


 (Text of Section after amendment by P.A. 102-466)
 Sec. 2. 
As used in this Act:

 (a) "Student" means any person enrolled or previously 
enrolled in a school.

 (b) "School" means any public preschool, day care center,

kindergarten, nursery, elementary or secondary educational 
institution,
vocational school, special educational facility 
or any other elementary or
secondary educational agency or 
institution and any person, agency or
institution which 
maintains school student records from more than one school,

but does not include a private or non-public school.

 (c) "State Board" means the State Board of Education.

 (d) "School Student Record" means any writing or
other 
recorded information concerning a student
and by which a 
student may be individually identified,
maintained by a school 
or at its direction or by an employee of a
school, regardless 
of how or where the information is stored.
The following shall 
not be deemed school student records under
this Act: writings 
or other recorded information maintained by an
employee of a 
school or other person at the direction of a school for his or

her exclusive use; provided that all such writings and other 
recorded
information are destroyed not later than the 
student's graduation or permanent
withdrawal from the school; 
and provided further that no such records or
recorded 
information may be released or disclosed to any person except 
a person
designated by the school as
a substitute unless they 
are first incorporated
in a school student record and made 
subject to all of the
provisions of this Act.
School student 
records shall not include information maintained by
law 
enforcement professionals working in the school.

 (e) "Student Permanent Record" means the minimum personal

information necessary to a school in the education of the 
student
and contained in a school student record. Such 
information
may include the student's name, birth date, 
address, grades
and grade level, parents' names and addresses, 
attendance
records, and such other entries as the State Board 
may
require or authorize.

 (f) "Student Temporary Record" means all information 
contained in
a school student record but not contained in
the 
student permanent record. Such information may include
family 
background information, intelligence test scores, aptitude

test scores, psychological and personality test results, 
teacher
evaluations, and other information of clear relevance 
to the
education of the student, all subject to regulations of 
the State Board.
The information shall include all of the 
following:
  (1) Information provided under Section 8.6 of the

 Abused and Neglected Child Reporting Act and information 
 contained in service logs maintained by a local education 
 agency under subsection (d) of Section 14-8.02f of the 
 School Code.

  (2) Information regarding
serious disciplinary 
 infractions that resulted in expulsion, suspension, or the

 imposition of punishment or sanction. For purposes of this 
 provision, serious
disciplinary infractions means: 
 infractions involving drugs, weapons, or bodily
harm to 
 another.

  (3) Information concerning a student's status and

 related experiences as a parent, expectant parent, or

 victim of domestic or sexual violence, as defined in

 Article 26A of the School Code, including a statement of

 the student or any other documentation, record, or

 corroborating evidence and the fact that the student has

 requested or obtained assistance, support, or
services 
 related to that status. Enforcement of this
paragraph (3) 
 shall follow the procedures provided in
Section 26A-40 of 
 the School Code. 
 (g) "Parent" means a person who is the natural parent of 
the
student or other person who has the primary responsibility 
for the
care and upbringing of the student. All rights and 
privileges accorded
to a parent under this Act shall become 
exclusively those of the student
upon his 18th birthday, 
graduation from secondary school, marriage
or entry into 
military service, whichever occurs first. Such
rights and 
privileges may also be exercised by the student
at any time 
with respect to the student's permanent school record.

 (h) "Department" means the Department of Children and 
Family Services. 
(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; 
102-466, eff. 7-1-25; 102-558, eff. 8-20-21; revised 10-8-21.)




 (105 ILCS 10/6) (from Ch. 122, par. 50-6)


 (Text of Section before amendment by P.A. 102-199)
 Sec. 6. (a) No school student records or information

contained therein may be released, transferred, disclosed or 
otherwise
disseminated, except as follows:

  (1) to a parent or student or person specifically

 designated as a representative by a parent, as provided in 
 paragraph (a)
of Section 5;

  (2) to an employee or official of the school or
school 
 district or State Board with current demonstrable 
 educational
or administrative interest in the student, in 
 furtherance of such interest;

  (3) to the official records custodian of another 
 school within
Illinois or an official with similar 
 responsibilities of a school
outside Illinois, in which 
 the student has enrolled, or intends to enroll,
upon the 
 request of such official or student;

  (4) to any person for the purpose of research,

 statistical reporting, or planning, provided that such 
 research, statistical reporting, or planning is 
 permissible under and undertaken in accordance with the 
 federal Family Educational Rights and Privacy Act (20 
 U.S.C. 1232g);

  (5) pursuant to a court order, provided that the

 parent shall be given prompt written notice upon receipt

 of such order of the terms of the order, the nature and

 substance of the information proposed to be released
in 
 compliance with such order and an opportunity to
inspect 
 and copy the school student records and to
challenge their 
 contents pursuant to Section 7;

  (6) to any person as specifically required by State
or 
 federal law;

  (6.5) to juvenile authorities
when necessary for the 
 discharge of their official duties
who request information 
 prior to
adjudication of the student and who certify in 
 writing that the information
will not be disclosed to any 
 other party except as provided under law or order
of 
 court. For purposes of this Section "juvenile authorities" 
 means:
(i) a judge of
the circuit court and members of the 
 staff of the court designated by the
judge; (ii) parties 
 to the proceedings under the Juvenile Court Act of 1987 
 and
their attorneys; (iii) probation
officers and court 
 appointed advocates for the juvenile authorized by the 
 judge
hearing the case; (iv) any individual, public or 
 private agency having custody
of the child pursuant to 
 court order; (v) any individual, public or private
agency 
 providing education, medical or mental health service to 
 the child when
the requested information is needed to 
 determine the appropriate service or
treatment for the 
 minor; (vi) any potential placement provider when such

 release
is authorized by the court for the limited purpose 
 of determining the
appropriateness of the potential 
 placement; (vii) law enforcement officers and
prosecutors;

 (viii) adult and juvenile prisoner review boards; (ix) 
 authorized military
personnel; (x)
individuals authorized 
 by court;

  (7) subject to regulations of the State Board,
in 
 connection with an emergency, to appropriate persons
if 
 the knowledge of such information is necessary to protect

 the health or safety of the student or other
persons;

  (8) to any person, with the prior specific dated

 written consent of the parent designating the person
to 
 whom the records may be released, provided that at
the 
 time any such consent is requested or obtained,
the parent 
 shall be advised in writing that he has the right
to 
 inspect and copy such records in accordance with Section 
 5, to
challenge their contents in accordance with Section 
 7 and to limit any such
consent to
designated records or 
 designated portions of the information contained
therein;

  (9) to a governmental agency, or social service agency 
 contracted by a
governmental agency, in furtherance of an 
 investigation of a student's school
attendance pursuant to 
 the compulsory student attendance laws of this State,

 provided that the records are released to the employee or 
 agent designated by
the agency;

  (10) to those SHOCAP committee members who fall within 
 the meaning of
"state and local officials and 
 authorities", as those terms are used within the
meaning 
 of the federal Family Educational Rights and Privacy Act, 
 for
the
purposes of identifying serious habitual juvenile 
 offenders and matching those
offenders with community 
 resources pursuant to Section 5-145 of the Juvenile
Court 
 Act of 1987, but only to the extent that the release, 
 transfer,
disclosure, or dissemination is consistent with 
 the Family Educational Rights
and Privacy Act;

  (11) to the Department of Healthcare and Family 
 Services in furtherance of the
requirements of Section 
 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or 
 Section 10 of the School Breakfast and Lunch
Program Act; 
 or

  (12) to the State Board or another State government 
 agency or between or among State government agencies in 
 order to evaluate or audit federal and State programs or 
 perform research and planning, but only to the extent that 
 the release, transfer, disclosure, or dissemination is 
 consistent with the federal Family Educational Rights and 
 Privacy Act (20 U.S.C. 1232g); or . 
  (13) under Under an intergovernmental agreement if an 
 elementary school district and a high school district have 
 attendance boundaries that overlap and are parties to an 
 intergovernmental agreement that allows the sharing of 
 student records and information between the districts. 
 However, the sharing of student information is allowed 
 under an intergovernmental agreement only if the 
 intergovernmental agreement meets all of the following 
 requirements:
   (A) The sharing of student information must be 
 voluntary and at the discretion of each school 
 district that is a party to the agreement.
   (B) The sharing of student information applies 
 only to students who have been enrolled in both 
 districts or would be enrolled in both districts based 
 on district attendance boundaries, and the student's 
 parent or guardian has expressed in writing that the 
 student intends to enroll or has enrolled in the high 
 school district.
   (C) The sharing of student information does not 
 exceed the scope of information that is shared among 
 schools in a unit school district. However, the terms 
 of an intergovernmental agreement may place further 
 limitations on the information that is allowed to be 
 shared.
 (b) No information may be released pursuant to 
subparagraph (3) or
(6) of paragraph (a) of this Section 6 
unless the parent receives
prior written notice of the nature 
and substance of the information
proposed to be released, and 
an opportunity to inspect
and copy such records in accordance 
with Section 5 and to
challenge their contents in accordance 
with Section 7. Provided, however,
that such notice shall be 
sufficient if published in a local newspaper of
general 
circulation or other publication directed generally to the 
parents
involved where the proposed release of information is 
pursuant to
subparagraph (6) of paragraph (a) of this Section 
6 and relates to more
than 25 students.

 (c) A record of any release of information pursuant
to 
this Section must be made and kept as a part of the
school 
student record and subject to the access granted by Section 5.

Such record of release shall be maintained for the life of the

school student records and shall be available only to the 
parent
and the official records custodian.
Each record of 
release shall also include:

  (1) the nature and substance of the information 
 released;

  (2) the name and signature of the official records

 custodian releasing such information;

  (3) the name of the person requesting such 
 information,
the capacity in which such a request has been 
 made, and the purpose of such
request;

  (4) the date of the release; and

  (5) a copy of any consent to such release.

 (d) Except for the student and his parents, no person
to 
whom information is released pursuant to this Section
and no 
person specifically designated as a representative by a parent

may permit any other person to have access to such information 
without a prior
consent of the parent obtained in accordance 
with the requirements
of subparagraph (8) of paragraph (a) of 
this Section.

 (e) Nothing contained in this Act shall prohibit the

publication of student directories which list student names, 
addresses
and other identifying information and similar 
publications which
comply with regulations issued by the State 
Board.

(Source: P.A. 102-557, eff. 8-20-21; revised 10-14-21.)

 (Text of Section after amendment by P.A. 102-199)

 Sec. 6. (a) No school student records or information

contained therein may be released, transferred, disclosed or 
otherwise
disseminated, except as follows:

  (1) to a parent or student or person specifically

 designated as a representative by a parent, as provided in 
 paragraph (a)
of Section 5;

  (2) to an employee or official of the school or
school 
 district or State Board with current demonstrable 
 educational
or administrative interest in the student, in 
 furtherance of such interest;

  (3) to the official records custodian of another 
 school within
Illinois or an official with similar 
 responsibilities of a school
outside Illinois, in which 
 the student has enrolled, or intends to enroll,
upon the 
 request of such official or student;

  (4) to any person for the purpose of research,

 statistical reporting, or planning, provided that such 
 research, statistical reporting, or planning is 
 permissible under and undertaken in accordance with the 
 federal Family Educational Rights and Privacy Act (20 
 U.S.C. 1232g);

  (5) pursuant to a court order, provided that the

 parent shall be given prompt written notice upon receipt

 of such order of the terms of the order, the nature and

 substance of the information proposed to be released
in 
 compliance with such order and an opportunity to
inspect 
 and copy the school student records and to
challenge their 
 contents pursuant to Section 7;

  (6) to any person as specifically required by State
or 
 federal law;

  (6.5) to juvenile authorities
when necessary for the 
 discharge of their official duties
who request information 
 prior to
adjudication of the student and who certify in 
 writing that the information
will not be disclosed to any 
 other party except as provided under law or order
of 
 court. For purposes of this Section "juvenile authorities" 
 means:
(i) a judge of
the circuit court and members of the 
 staff of the court designated by the
judge; (ii) parties 
 to the proceedings under the Juvenile Court Act of 1987 
 and
their attorneys; (iii) probation
officers and court 
 appointed advocates for the juvenile authorized by the 
 judge
hearing the case; (iv) any individual, public or 
 private agency having custody
of the child pursuant to 
 court order; (v) any individual, public or private
agency 
 providing education, medical or mental health service to 
 the child when
the requested information is needed to 
 determine the appropriate service or
treatment for the 
 minor; (vi) any potential placement provider when such

 release
is authorized by the court for the limited purpose 
 of determining the
appropriateness of the potential 
 placement; (vii) law enforcement officers and
prosecutors;

 (viii) adult and juvenile prisoner review boards; (ix) 
 authorized military
personnel; (x)
individuals authorized 
 by court;

  (7) subject to regulations of the State Board,
in 
 connection with an emergency, to appropriate persons
if 
 the knowledge of such information is necessary to protect

 the health or safety of the student or other
persons;

  (8) to any person, with the prior specific dated

 written consent of the parent designating the person
to 
 whom the records may be released, provided that at
the 
 time any such consent is requested or obtained,
the parent 
 shall be advised in writing that he has the right
to 
 inspect and copy such records in accordance with Section 
 5, to
challenge their contents in accordance with Section 
 7 and to limit any such
consent to
designated records or 
 designated portions of the information contained
therein;

  (9) to a governmental agency, or social service agency 
 contracted by a
governmental agency, in furtherance of an 
 investigation of a student's school
attendance pursuant to 
 the compulsory student attendance laws of this State,

 provided that the records are released to the employee or 
 agent designated by
the agency;

  (10) to those SHOCAP committee members who fall within 
 the meaning of
"state and local officials and 
 authorities", as those terms are used within the
meaning 
 of the federal Family Educational Rights and Privacy Act, 
 for
the
purposes of identifying serious habitual juvenile 
 offenders and matching those
offenders with community 
 resources pursuant to Section 5-145 of the Juvenile
Court 
 Act of 1987, but only to the extent that the release, 
 transfer,
disclosure, or dissemination is consistent with 
 the Family Educational Rights
and Privacy Act;

  (11) to the Department of Healthcare and Family 
 Services in furtherance of the
requirements of Section 
 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or 
 Section 10 of the School Breakfast and Lunch
Program Act;

  (12) to the State Board or another State government 
 agency or between or among State government agencies in 
 order to evaluate or audit federal and State programs or 
 perform research and planning, but only to the extent that 
 the release, transfer, disclosure, or dissemination is 
 consistent with the federal Family Educational Rights and 
 Privacy Act (20 U.S.C. 1232g); or
  (12.5) (13) if the student is in the legal custody of 
 the Department of Children and Family Services, to the 
 Department's Office of Education and Transition Services; 
 or . 
  (13) under Under an intergovernmental agreement if an 
 elementary school district and a high school district have 
 attendance boundaries that overlap and are parties to an 
 intergovernmental agreement that allows the sharing of 
 student records and information between the districts. 
 However, the sharing of student information is allowed 
 under an intergovernmental agreement only if the 
 intergovernmental agreement meets all of the following 
 requirements:
   (A) The sharing of student information must be 
 voluntary and at the discretion of each school 
 district that is a party to the agreement.
   (B) The sharing of student information applies 
 only to students who have been enrolled in both 
 districts or would be enrolled in both districts based 
 on district attendance boundaries, and the student's 
 parent or guardian has expressed in writing that the 
 student intends to enroll or has enrolled in the high 
 school district.
   (C) The sharing of student information does not 
 exceed the scope of information that is shared among 
 schools in a unit school district. However, the terms 
 of an intergovernmental agreement may place further 
 limitations on the information that is allowed to be 
 shared.
 (b) No information may be released pursuant to 
subparagraph (3) or
(6) of paragraph (a) of this Section 6 
unless the parent receives
prior written notice of the nature 
and substance of the information
proposed to be released, and 
an opportunity to inspect
and copy such records in accordance 
with Section 5 and to
challenge their contents in accordance 
with Section 7. Provided, however,
that such notice shall be 
sufficient if published in a local newspaper of
general 
circulation or other publication directed generally to the 
parents
involved where the proposed release of information is 
pursuant to
subparagraph (6) of paragraph (a) of this Section 
6 and relates to more
than 25 students.

 (c) A record of any release of information pursuant
to 
this Section must be made and kept as a part of the
school 
student record and subject to the access granted by Section 5.

Such record of release shall be maintained for the life of the

school student records and shall be available only to the 
parent
and the official records custodian.
Each record of 
release shall also include:

  (1) the nature and substance of the information 
 released;

  (2) the name and signature of the official records

 custodian releasing such information;

  (3) the name of the person requesting such 
 information,
the capacity in which such a request has been 
 made, and the purpose of such
request;

  (4) the date of the release; and

  (5) a copy of any consent to such release.

 (d) Except for the student and his or her parents or, if 
applicable, the Department's Office of Education and 
Transition Services, no person
to whom information is released 
pursuant to this Section
and no person specifically designated 
as a representative by a parent
may permit any other person to 
have access to such information without a prior
consent of the 
parent obtained in accordance with the requirements
of 
subparagraph (8) of paragraph (a) of this Section.

 (e) Nothing contained in this Act shall prohibit the

publication of student directories which list student names, 
addresses
and other identifying information and similar 
publications which
comply with regulations issued by the State 
Board.

(Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21; 
revised 10-14-21.)

 Section 320. The Higher Education Veterans Service Act is 
amended by changing Section 15 as follows:

 (110 ILCS 49/15)

 Sec. 15. Survey; coordinator; best practices report; best 
efforts.

 (a) All public colleges and universities shall, within 60 
days after the effective date of this Act, conduct a survey of 
the services and programs that are provided for veterans, 
active duty military personnel, and their families, at each of 
their respective campuses. This survey shall enumerate and 
fully describe the service or program that is available, the 
number of veterans or active duty personnel using the service 
or program, an estimated range for potential use within a 
5-year and 10-year period, information on the location of the 
service or program, and how its administrators may be 
contacted. The survey shall indicate the manner or manners in 
which a student veteran may avail himself or herself of the 
program's services. This survey must be made available to all 
veterans matriculating at the college or university in the 
form of an orientation-related guidebook.
 Each public college and university shall make the survey 
available on the homepage of all campus Internet links as soon 
as practical after the completion of the survey. As soon as 
possible after the completion of the survey, each public 
college and university shall provide a copy of its survey to 
the following:
  (1) the Board of Higher Education;
  (2) the Department of Veterans' Affairs;
  (3) the President and Minority Leader of the Senate 
 and the Speaker and Minority Leader of the House of 
 Representatives; and
  (4) the Governor.
 (b) Each public college and university shall, at its 
discretion, (i) appoint, within 6 months after August 7, 2009 
(the effective date of this Act), an existing employee or (ii) 
hire a new employee to serve as a Coordinator of Veterans and 
Military Personnel Student Services on each campus of the 
college or university that has an onsite, daily, full-time 
student headcount above 1,000 students.
 The Coordinator of Veterans and Military Personnel Student 
Services shall be an ombudsperson serving the specific needs 
of student veterans and military personnel and their families 
and shall serve as an advocate before the administration of 
the college or university for the needs of student veterans. 
The college or university shall enable the Coordinator of 
Veterans and Military Personnel Student Services to 
communicate directly with the senior executive administration 
of the college or university periodically. The college or 
university shall retain unfettered discretion to determine the 
organizational management structure of its institution.
 In addition to any responsibilities the college or 
university may assign, the Coordinator of Veterans and 
Military Personnel Student Services shall make its best 
efforts to create a centralized source for student veterans 
and military personnel to learn how to receive all benefit 
programs and services for which they are eligible.
 Each college and university campus that is required to 
have a Coordinator of Veterans and Military Personnel Student 
Services shall regularly and conspicuously advertise the 
office location and phone number of and Internet access to the 
Coordinator of Veterans and Military Personnel Student 
Services, along with a brief summary of the manner in which he 
or she can assist student veterans. The advertisement shall 
include, but is not necessarily limited to, the following:
  (1) advertisements on each campus' Internet home page;
  (2) any promotional mailings for student application; 
 and 
  (3) the website and any social media accounts of the 
 public college or university. 
 The Coordinator of Veterans and Military Personnel Student 
Services shall facilitate other campus offices with the 
promotion of programs and services that are available.
 (c) Upon receipt of all of the surveys under subsection 
(a) of this Section, the Board of Higher Education and the 
Department of Veterans' Affairs shall conduct a joint review 
of the surveys. The Department of Veterans' Affairs shall 
post, on any Internet home page it may operate, a link to each 
survey as posted on the Internet website for the college or 
university. The Board of Higher Education shall post, on any 
Internet home page it may operate, a link to each survey as 
posted on the Internet website for the college or university 
or an annual report or document containing survey information 
for each college or university. Upon receipt of all of the 
surveys, the Office of the Governor, through its military 
affairs advisors, shall similarly conduct a review of the 
surveys. Following its review of the surveys, the Office of 
the Governor shall submit an evaluation report to each college 
and university offering suggestions and insight on the conduct 
of student veteran-related policies and programs.
 (d) The Board of Higher Education and the Department of 
Veterans' Affairs may issue a best practices report to 
highlight those programs and services that are most beneficial 
to veterans and active duty military personnel. The report 
shall contain a fiscal needs assessment in conjunction with 
any program recommendations.
 (e) Each college and university campus that is required to 
have a Coordinator of Veterans and Military Personnel Student 
Services under subsection (b) of this Section shall make its 
best efforts to create academic and social programs and 
services for veterans and active duty military personnel that 
will provide reasonable opportunities for academic performance 
and success.
 Each public college and university shall make its best 
efforts to determine how its online educational curricula can 
be expanded or altered to serve the needs of student veterans 
and currently deployed currently-deployed military, including 
a determination of whether and to what extent the public 
colleges and universities can share existing technologies to 
improve the online curricula of peer institutions, provided 
such efforts are both practically and economically feasible.


(Source: P.A. 102-278, eff. 8-6-21; 102-295, eff. 8-6-21; 
102-558, eff. 8-20-21; revised 10-18-21.)

 Section 325. The Mental Health Early Action on Campus Act 
is amended by changing Section 25 as follows:

 (110 ILCS 58/25)
 (Text of Section before amendment by P.A. 102-373 and P.A. 
102-416)

 Sec. 25. Awareness. To raise mental health awareness on 
college campuses, each public college or university must do 
all of the following: 
  (1) Develop and implement an annual student 
 orientation session aimed at raising awareness about 
 mental health conditions.
  (2) Assess courses and seminars available to students 
 through their regular academic experiences and implement 
 mental health awareness curricula if opportunities for 
 integration exist.
  (3) Create and feature a page on its website or mobile 
 application with information dedicated solely to the 
 mental health resources available to students at the 
 public college or university and in the surrounding 
 community.
  (4) Distribute messages related to mental health 
 resources that encourage help-seeking behavior through the 
 online learning platform of the public college or 
 university during high stress periods of the academic 
 year, including, but not limited to, midterm or final 
 examinations. These stigma-reducing strategies must be 
 based on documented best practices. 
  (5) Three years after the effective date of this Act, 
 implement an online screening tool to raise awareness and 
 establish a mechanism to link or refer students of the 
 public college or university to services. Screenings and 
 resources must be available year round for students and, 
 at a minimum, must (i) include validated screening tools 
 for depression, an anxiety disorder, an eating disorder, 
 substance use, alcohol-use disorder, post-traumatic stress 
 disorder, and bipolar disorder, (ii) provide resources for 
 immediate connection to services, if indicated, including 
 emergency resources, (iii) provide general information 
 about all mental health-related resources available to 
 students of the public college or university, and (iv) 
 function anonymously.
  (6) At least once per term and at times of high 
 academic stress, including midterm or final examinations, 
 provide students information regarding online screenings 
 and resources. 

(Source: P.A. 101-251, eff. 7-1-20.)

 (Text of Section after amendment by P.A. 102-373 and P.A. 
102-416)
 Sec. 25. Awareness. To raise mental health awareness on 
college campuses, each public college or university must do 
all of the following: 
  (1) Develop and implement an annual student 
 orientation session aimed at raising awareness about 
 mental health conditions.
  (2) Assess courses and seminars available to students 
 through their regular academic experiences and implement 
 mental health awareness curricula if opportunities for 
 integration exist.
  (3) Create and feature a page on its website or mobile 
 application with information dedicated solely to the 
 mental health resources available to students at the 
 public college or university and in the surrounding 
 community.
  (4) Distribute messages related to mental health 
 resources that encourage help-seeking behavior through the 
 online learning platform of the public college or 
 university during high stress periods of the academic 
 year, including, but not limited to, midterm or final 
 examinations. These stigma-reducing strategies must be 
 based on documented best practices. 
  (5) Three years after the effective date of this Act, 
 implement an online screening tool to raise awareness and 
 establish a mechanism to link or refer students of the 
 public college or university to services. Screenings and 
 resources must be available year round for students and, 
 at a minimum, must (i) include validated screening tools 
 for depression, an anxiety disorder, an eating disorder, 
 substance use, alcohol-use disorder, post-traumatic stress 
 disorder, and bipolar disorder, (ii) provide resources for 
 immediate connection to services, if indicated, including 
 emergency resources, (iii) provide general information 
 about all mental health-related resources available to 
 students of the public college or university, and (iv) 
 function anonymously.
  (6) At least once per term and at times of high 
 academic stress, including midterm or final examinations, 
 provide students information regarding online screenings 
 and resources. 

  (7) Provide contact information for the National 
 Suicide Prevention Lifeline (988), for the Crisis Text 
 Line, and a local suicide prevention hotline, and for the 
 mental health counseling center or program of the public 
 college or university on the back of each student 
 identification card issued by the public college or 
 university after July 1, 2022 (the effective date of 
 Public Act 102-373) this amendatory Act of the 102nd 
 General Assembly if the public college or university 
 issues student identification cards. If the public college 
 or university does not issue student identification cards 
 to its students, the public college or university must 
 publish the contact information on its website. The 
 contact information shall identify each helpline that may 
 be contacted through text messaging. The contact 
 information shall be included in the public college's or 
 university's student handbook and also the student planner 
 if a student planner is custom printed by the public 
 college or university for distribution to students.
(Source: P.A. 101-251, eff. 7-1-20; 102-373, eff. 7-1-22; 
102-416, eff. 7-1-22; revised 9-21-21.)

 Section 330. The University of Illinois Act is amended by 
setting forth, renumbering, and changing multiple
versions of 
Section 120 as follows:



 (110 ILCS 305/120)


 Sec. 120. Modification of athletic or team uniform 
permitted.
 (a) The Board of Trustees must allow a student athlete to 
modify his or her athletic or team uniform due to the 
observance of modesty in clothing or attire in accordance with 
the requirements of his or her religion or his or her cultural 
values or modesty preferences. The modification of the 
athletic or team uniform may include, but is not limited to, 
the wearing of a hijab, an undershirt, or leggings. If a 
student chooses to modify his or her athletic or team uniform, 
the student is responsible for all costs associated with the 
modification of the uniform and the student shall not be 
required to receive prior approval from the Board of Trustees 
for such modification. However, nothing in this Section 
prohibits the University from providing the modification to 
the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface.

(Source: P.A. 102-51, eff. 7-9-21; revised 10-18-21.)




 (110 ILCS 305/122)


 Sec. 122 120. Academic major report. The Board of Trustees 
shall provide to each enrolled student, at the time the 
student declares or changes his or her academic major or 
program of study, a report that contains relevant, 
independent, and accurate data related to the student's major 
or program of study and to the current occupational outlook 
associated with that major or program of study. The report 
shall provide the student with all of the following 
information:
  (1) The estimated cost of his or her education 
 associated with pursuing a degree in that major or program 
 of study.
  (2) The average monthly student loan payment over a 
 period of 20 years based on the estimated cost of his or 
 her education under paragraph (1).
  (3) The average job placement rate within 12 months 
 after graduation for a graduate who holds a degree in that 
 major or program of study.
  (4) The average entry-level wage or salary for an 
 occupation related to that major or program of study.
  (5) The average wage or salary 5 years after entry 
 into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; revised 10-18-21.)




 (110 ILCS 305/130)


 Sec. 130 120. Availability of menstrual hygiene products.
 (a) In this Section, "menstrual hygiene products" means 
tampons and sanitary napkins for use in connection with the 
menstrual cycle. 
 (b) The Board of Trustees shall make menstrual hygiene 
products available, at no cost to students, in the bathrooms 
of facilities or portions of facilities that (i) are owned or 
leased by the Board or over which the Board has care, custody, 
and control and (ii) are used for student instruction or 
administrative purposes. 

(Source: P.A. 102-250, eff. 8-5-21; revised 10-18-21.)




 (110 ILCS 305/135)


 Sec. 135 120. Adjunct professor; status of class.
 (a) At least 30 days before the beginning of a term and 
again at 14 days before the beginning of the term, the Board of 
Trustees must notify an adjunct professor about the status of 
enrollment of the class the adjunct professor was hired to 
teach.
 (b) This Section does not apply if the Governor has 
declared a disaster due to a public health emergency or a 
natural disaster pursuant to Section 7 of the Illinois 
Emergency Management Agency Act.
 (c) Collective bargaining agreements that are in effect on 
January 1, 2022 (the effective date of Public Act 102-260) 
this amendatory Act of the 102nd General Assembly are exempt 
from the requirements of this Section.

(Source: P.A. 102-260, eff. 1-1-22; revised 10-18-21.)




 (110 ILCS 305/140)


 Sec. 140 120. Family and medical leave coverage. A 
University employee who has been employed by the University 
for at least 12 months and who has worked at least 1,000 hours 
in the previous 12-month period shall be eligible for family 
and medical leave under the same terms and conditions as leave 
provided to eligible employees under the federal Family and 
Medical Leave Act of 1993.

(Source: P.A. 102-335, eff. 1-1-22; revised 10-21-21.)




 (110 ILCS 305/145)


 (Section scheduled to be repealed on January 1, 2023)
 Sec. 145 120. Carbon capture, utilization, and storage 
report.
 (a) Subject to appropriation, the Prairie Research 
Institute at the University of Illinois at Urbana-Champaign, 
in consultation with an intergovernmental advisory committee, 
must file a report on the potential for carbon capture, 
utilization, and storage as a climate mitigation technology 
throughout Illinois with the Governor and the General Assembly 
no later than December 31, 2022. The report shall provide an 
assessment of Illinois subsurface storage resources, a 
description of existing and selected subsurface storage 
projects, and best practices for carbon storage. Additionally, 
the report shall provide recommendations for policy and 
regulatory needs at the State level based on its findings, and 
shall, at a minimum, address all the following areas:
  (1) carbon capture, utilization, and storage current 
 status and future storage resource potential in the 
 State; . Enhanced Oil Recovery shall remain outside the 
 scope of this study;
  (2) procedures, standards, and safeguards for the 
 storage of carbon dioxide;
  (3) permitting processes and the coordination with 
 applicable federal law or regulatory commissions, 
 including the Class VI injection well permitting process;
  (4) economic impact, job creation, and job retention 
 from carbon capture, utilization, and storage that both 
 protects the environment and supports short-term and 
 long-term economic growth;
  (5) development of knowledge capacity of appropriate 
 State agencies and stakeholders;
  (6) environmental justice and stakeholder issues 
 related to carbon capture, utilization, and storage 
 throughout the State;
  (7) leveraging federal policies and public-private 
 partnerships for research, design, and development to 
 benefit the State;
  (8) liability for the storage and monitoring 
 maintenance of the carbon dioxide after the completion of 
 a carbon capture, utilization, and storage project;
  (9) acquisition, ownership, and amalgamation of pore 
 space for carbon capture, utilization, and storage;
  (10) methodologies to establish any necessary fees, 
 costs, or offsets; and
  (11) any risks to health, safety, the environment, and 
 property uses or values. 
 (b) In developing the report under this Section, the 
Prairie Research Institute shall form an advisory committee, 
which shall be composed of all the following members:
  (1) the Director of the Environmental Protection 
 Agency, or his or her designee;
  (2) the Director of Natural Resources, or his or her 
 designee;
  (3) the Director of Commerce and Economic Opportunity, 
 or his or her designee;
  (4) the Director of the Illinois Emergency Management 
 Agency, or his or her designee;
  (5) the Director of Agriculture, or his or her 
 designee;
  (6) the Attorney General, or his or her designee;
  (7) one member of the Senate, appointed by the 
 President of the Senate;
  (8) one member of the House of Representatives, 
 appointed by the Speaker of the House of Representatives;
  (9) one member of the Senate, appointed by the 
 Minority Leader of the Senate; and
  (10) one member of the House of Representatives, 
 appointed by the Minority Leader of the House of 
 Representatives.
 (c) No later than 60 days after August 13, 2021 (the 
effective date of Public Act 102-341) this amendatory Act of 
the 102nd General Assembly, the advisory committee shall hold 
its first meeting at the call of the Executive Director of the 
Prairie Research Institute, at which meeting the members shall 
select a chairperson from among themselves. After its first 
meeting, the committee shall meet at the call of the 
chairperson. Members of the committee shall serve without 
compensation. The Prairie Research Committee shall provide 
administrative support to the committee.
 (d) The Prairie Research Institute shall also engage with 
interested stakeholders throughout the State to gain insights 
into socio-economic perspectives from environmental justice 
organizations, environmental non-governmental organizations, 
industry, landowners, farm bureaus, manufacturing, labor 
unions, and others.
 (e) This Section is repealed on January 1, 2023.

(Source: P.A. 102-341, eff. 8-13-21; revised 10-18-21.)




 (110 ILCS 305/150)


 Sec. 150 120. Undocumented Student Liaison; Undocumented 
Student Resource Center.
 (a) Beginning with the 2022-2023 academic year, the Board 
of Trustees shall designate an employee as an Undocumented 
Student Resource Liaison to be available on campus to provide 
assistance to undocumented students and mixed status students 
within the United States in streamlining access to financial 
aid and academic support to successfully matriculate to degree 
completion. The Undocumented Student Liaison shall provide 
assistance to vocational students, undergraduate students,

graduate students, and professional-track students. An 
employee who is designated as an Undocumented Student Liaison 
must be knowledgeable about current legislation and policy 
changes through professional development with the Illinois 
Dream Fund Commission to provide the wrap-around services to 
such students. The Illinois Dream Fund Commission shall 
conduct professional development under this Section. The 
Illinois Dream Fund Commission's task force on immigration 
issues and the Undocumented Student Liaison shall ensure that 
undocumented immigrants and students from mixed status 
households receive equitable and inclusive access to the 
University's retention and matriculation programs.
 The Board shall ensure that an Undocumented Student 
Liaison is available at each campus of the University. The 
Undocumented Student Liaison must be placed in a location that 
provides direct access for students in collaboration with the 
retention and matriculation programs of the University. The 
Undocumented Student Liaison shall report directly to senior 
leadership and shall assist leadership with the review of 
policies and procedures that directly affect undocumented and 
mixed status students.
 An Undocumented Student Liaison may work on outreach 
efforts to provide access to resources and support within the 
grade P-20 education pipeline by supporting summer enrichment 
programs and pipeline options for students in any of grades 9 
through 12.
 (b) The Board is encouraged to establish an Undocumented 
Student Resource Center on each of its campuses. An A 
Undocumented Student Resource Center may offer support 
services, including, but not limited to, State and private 
financial assistance, academic and career counseling, and 
retention and matriculation support services, as well as 
mental health counseling options because the changing 
immigration climate impacts a student's overall well-being and 
success.
 An Undocumented Student Resource Center may be housed

within an existing student service center or academic center, 
and the new construction of an Undocumented Student Resource 
Center is not required under this Section.
 The Board may seek and accept any financial support 
through institutional advancement, private gifts, or donations 
to aid in the creation and operation of and the services 
provided by an Undocumented Student Resource Center. 

(Source: P.A. 102-475, eff. 8-20-21; revised 10-18-21.)




 (110 ILCS 305/155)


 Sec. 155 120. Personal support worker's attendance in 
class permitted. If a student of the University has a personal 
support worker through the Home-Based Support
Services Program 
for Adults with Mental Disabilities under the
Developmental 
Disability and Mental Disability Services Act, the Board of 
Trustees must permit the personal support worker to attend 
class with the student but is not responsible for providing or 
paying for the personal support worker. If the personal 
support worker's attendance in class is solely to provide 
personal support services to the student, the Board may not 
charge the personal support worker tuition and fees for such 
attendance.

(Source: P.A. 102-568, eff. 8-23-21; revised 10-18-21.)


 Section 335. The University of Illinois Hospital Act is 
amended by setting forth, renumbering, and changing multiple

versions of Section 8d as follows:

 (110 ILCS 330/8d)
 (Text of Section from P.A. 102-4 and 102-671)
 Sec. 8d. N95 masks. Pursuant to and in accordance with 
applicable local, State, and federal policies, guidance and 
recommendations of public health and infection control 
authorities, and taking into consideration the limitations on 
access to N95 masks caused by disruptions in local, State, 
national, and international supply chains, the University of 
Illinois Hospital shall provide N95 masks to physicians 
licensed under the Medical Practice Act of 1987, registered 
nurses and advanced practice registered nurses licensed under 
the Nurse Licensing Act, and any other employees or 
contractual workers who provide direct patient care and who, 
pursuant to such policies, guidance, and recommendations, are 
recommended to have such a mask to safely provide such direct 
patient care within a hospital setting. Nothing in this 
Section shall be construed to impose any new duty or 
obligation on the University of Illinois Hospital or employee 
that is greater than that imposed under State and federal laws 
in effect on the effective date of this amendatory Act of the 
102nd General Assembly. 
 This Section is repealed on July 1, 2022.

(Source: P.A. 102-4, eff. 4-27-21; 102-671, eff. 11-30-21.)

 (Text of Section from P.A. 102-4 and 102-674)
 Sec. 8d. N95 masks. Pursuant to and in accordance with 
applicable local, State, and federal policies, guidance and 
recommendations of public health and infection control 
authorities, and taking into consideration the limitations on 
access to N95 masks caused by disruptions in local, State, 
national, and international supply chains, the University of 
Illinois Hospital shall provide N95 masks to physicians 
licensed under the Medical Practice Act of 1987, registered 
nurses and advanced practice registered nurses licensed under 
the Nurse Licensing Act, and any other employees or 
contractual workers who provide direct patient care and who, 
pursuant to such policies, guidance, and recommendations, are 
recommended to have such a mask to safely provide such direct 
patient care within a hospital setting. Nothing in this 
Section shall be construed to impose any new duty or 
obligation on the University of Illinois Hospital or employee 
that is greater than that imposed under State and federal laws 
in effect on the effective date of this amendatory Act of the 
102nd General Assembly. 
 This Section is repealed on December 31, 2022.

(Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21.)



 (110 ILCS 330/8e)


 Sec. 8e 8d. Facility-provided medication upon discharge.
 (a) The General Assembly finds that this Section is 
necessary for the immediate preservation of the public peace, 
health, and safety.
 (b) In this Section, "facility-provided medication" has 
the same meaning as provided under Section 15.10 of the 
Pharmacy Practice Act.
 (c) When a facility-provided medication is ordered at 
least 24 hours in advance for surgical procedures and is 
administered to a patient at the University of Illinois 
Hospital, any unused portion of the facility-provided 
medication must be offered to the patient upon discharge when 
it is required for continuing treatment.
 (d) A facility-provided medication shall be labeled 
consistent with labeling requirements under Section 22 of the 
Pharmacy Practice Act. 
 (e) If the facility-provided medication is used in an 
operating room or emergency department setting, the prescriber 
is responsible for counseling the patient on its proper use 
and administration and the requirement of pharmacist 
counseling is waived. 

(Source: P.A. 102-155, eff. 7-23-21; revised 11-9-21.)




 (110 ILCS 330/8f)


 Sec. 8f 8d. Surgical smoke plume evacuation.
 (a) In this Section:
 "Department" means the Department of Public Health.
 "Surgical smoke plume" means the by-product of the use of 
energy-based devices on tissue during surgery and containing 
hazardous materials, including, but not limited to, 
bioaerosols bio-aeorsols, smoke, gases, tissue and cellular 
fragments and particulates, and viruses.
 "Surgical smoke plume evacuation system" means a dedicated 
device that is designed to capture, transport, filter, and 
neutralize surgical smoke plume at the site of origin and 
before surgical smoke plume can make ocular contact, or 
contact with the respiratory tract, of an employee.
 (b) To protect patients and health care workers from the 
hazards of surgical smoke plume, the University of Illinois 
Hospital shall adopt policies to ensure the elimination of 
surgical smoke plume by use of a surgical smoke plume 
evacuation system for each procedure that generates surgical 
smoke plume from the use of energy-based devices, including, 
but not limited to, electrosurgery and lasers.
 (c) The University of Illinois Hospital shall report to 
the Department within 90 days after January 1, 2022 (the 
effective date of Public Act 102-533) this amendatory Act of 
the 102nd General Assembly that policies under subsection (b) 
of this Section have been adopted. 

(Source: P.A. 102-533, eff. 1-1-22; revised 11-9-21.)


 Section 340. The Southern Illinois University Management 
Act is amended by changing Section 6.6 and by setting forth, 
renumbering, and changing multiple
versions of Section 100 as 
follows:




 (110 ILCS 520/6.6)


 Sec. 6.6. The Illinois Ethanol Research Advisory Board. 

 (a) There is established the Illinois Ethanol
Research 
Advisory Board (the "Advisory Board").

 (b) The Advisory Board shall be composed of 14 members 
including: the
President of
Southern Illinois University who 
shall be Chairman;
the Director of Commerce and Economic 
Opportunity;
the Director of Agriculture; the President of the

Illinois Corn Growers Association; the President of the 
National Corn Growers
Association; the President of the 
Renewable Fuels Association; the Dean of the
College of 
Agricultural, Consumer, and Environmental Science,
University 
of Illinois at
Champaign-Urbana; the Dean of the College of 
Agricultural, Life, and Physical Sciences, Southern Illinois 
University at Carbondale; ,
and 6 at-large members appointed by 
the Governor representing the ethanol
industry, growers, 
suppliers, and universities.

 (c) The 6 at-large members shall serve a term of 4 years. 
The Advisory
Board shall
meet at least annually or at the call 
of the Chairman. At any time a majority
of the Advisory Board 
may petition the Chairman for a meeting of the Board.
Seven

members of the Advisory Board shall constitute a quorum.

 (d) The Advisory Board shall:

  (1) Review the annual operating plans and budget of 
 the National
Corn-to-Ethanol
Research Pilot Plant.

  (2) Advise on research and development priorities and 
 projects to be
carried out at the Corn-to-Ethanol Research 
 Pilot Plant.

  (3) Advise on policies and procedures regarding the 
 management and
operation of the ethanol research pilot 
 plant. This may include contracts,
project selection, and 
 personnel issues.

  (4) Develop bylaws.

  (5) Submit a final report to the Governor and General 
 Assembly outlining
the progress and accomplishments made 
 during the year along with a financial
report for the 
 year.

  (6) Establish and operate, subject to specific 
 appropriation for the purpose of providing facility 
 operating funds, the National Corn-to-Ethanol Research 
 Center at Southern Illinois University at Edwardsville as 
 a State Biorefining Center of Excellence with the 
 following purposes and goals:
   (A) To utilize interdisciplinary, 
 interinstitutional, and industrial collaborations to 
 conduct research.
   (B) To provide training and services to the 
 ethanol fuel industry to make projects and training to 
 advance the biofuels industry in the State more 
 affordable for the institutional and industrial 
 bodies, including, but not limited to, Illinois 
 farmer-owned ethanol cooperatives.
   (C) To coordinate near-term industry research 
 needs and laboratory services by identifying needs and 
 pursuing federal and other funding sources.
   (D) To develop and provide hands-on training to 
 prepare students for the biofuels workforce and train 
 workforce reentrants.
   (E) To serve as an independent, third-party source 
 for review, testing, validation standardization, and 
 definition in areas of industry need.
   (F) To provide seminars, tours, and informational 
 sessions advocating renewable energy.
   (G) To provide consultation services and 
 information for those interested in renewable energy.
   (H) To develop demonstration projects by pursuing 
 federal and other funding sources.

 (e) The Advisory Board established by this Section is a 
continuation, as
changed by
the Section, of the Board 
established under Section 8a of the Energy
Conservation and 
Coal Development Act and repealed by Public Act 92-736 this 
amendatory Act of the 92nd General Assembly.

(Source: P.A. 102-370, eff. 8-13-21; revised 10-6-21.)




 (110 ILCS 520/100)


 Sec. 100. Modification of athletic or team uniform 
permitted.
 (a) The Board must allow a student athlete to modify his or 
her athletic or team uniform due to the observance of modesty 
in clothing or attire in accordance with the requirements of 
his or her religion or his or her cultural values or modesty 
preferences. The modification of the athletic or team uniform 
may include, but is not limited to, the wearing of a hijab, an 
undershirt, or leggings. If a student chooses to modify his or 
her athletic or team uniform, the student is responsible for 
all costs associated with the modification of the uniform and 
the student shall not be required to receive prior approval 
from the Board for such modification. However, nothing in this 
Section prohibits the University from providing the 
modification to the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface. 

(Source: P.A. 102-51, eff. 7-9-21; revised 10-21-21.)




 (110 ILCS 520/102)


 Sec. 102 100. Academic major report. The Board shall 
provide to each enrolled student, at the time the student 
declares or changes his or her academic major or program of 
study, a report that contains relevant, independent, and 
accurate data related to the student's major or program of 
study and to the current occupational outlook associated with 
that major or program of study. The report shall provide the 
student with all of the following information:
  (1) The estimated cost of his or her education 
 associated with pursuing a degree in that major or program 
 of study.
  (2) The average monthly student loan payment over a 
 period of 20 years based on the estimated cost of his or 
 her education under paragraph (1).
  (3) The average job placement rate within 12 months 
 after graduation for a graduate who holds a degree in that 
 major or program of study.
  (4) The average entry-level wage or salary for an 
 occupation related to that major or program of study.
  (5) The average wage or salary 5 years after entry 
 into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; revised 10-21-21.)




 (110 ILCS 520/110)


 Sec. 110 100. Availability of menstrual hygiene products.
 (a) In this Section, "menstrual hygiene products" means 
tampons and sanitary napkins for use in connection with the 
menstrual cycle. 
 (b) The Board shall make menstrual hygiene products 
available, at no cost to students, in the bathrooms of 
facilities or portions of facilities that (i) are owned or 
leased by the Board or over which the Board has care, custody, 
and control and (ii) are used for student instruction or 
administrative purposes. 

(Source: P.A. 102-250, eff. 8-5-21; revised 10-21-21.)




 (110 ILCS 520/115)


 Sec. 115 100. Adjunct professor; status of class.
 (a) At least 30 days before the beginning of a term and 
again at 14 days before the beginning of the term, the Board 
must notify an adjunct professor about the status of 
enrollment of the class the adjunct professor was hired to 
teach.
 (b) This Section does not apply if the Governor has 
declared a disaster due to a public health emergency or a 
natural disaster pursuant to Section 7 of the Illinois 
Emergency Management Agency Act.
 (c) Collective bargaining agreements that are in effect on 
January 1, 2022 (the effective date of Public Act 102-260) 
this amendatory Act of the 102nd General Assembly are exempt 
from the requirements of this Section.

(Source: P.A. 102-260, eff. 1-1-22; revised 10-21-21.)



 (110 ILCS 520/120)


 Sec. 120 100. Family and medical leave coverage. A 
University employee who has been employed by the University 
for at least 12 months and who has worked at least 1,000 hours 
in the previous 12-month period shall be eligible for family 
and medical leave under the same terms and conditions as leave 
provided to eligible employees under the federal Family and 
Medical Leave Act of 1993.

(Source: P.A. 102-335, eff. 1-1-22; revised 10-21-21.)




 (110 ILCS 520/125)


 Sec. 125 100. Undocumented Student Liaison; Undocumented 
Student Resource Center.
 (a) Beginning with the 2022-2023 academic year, the Board 
shall designate an employee as an Undocumented Student 
Resource Liaison to be available on campus to provide 
assistance to undocumented students and mixed status students 
within the United States in streamlining access to financial 
aid and academic support to successfully matriculate to degree 
completion. The Undocumented Student Liaison shall provide 
assistance to vocational students, undergraduate students,

graduate students, and professional-track students. An 
employee who is designated as an Undocumented Student Liaison 
must be knowledgeable about current legislation and policy 
changes through professional development with the Illinois 
Dream Fund Commission to provide the wrap-around services to 
such students. The Illinois Dream Fund Commission shall 
conduct professional development under this Section. The 
Illinois Dream Fund Commission's task force on immigration 
issues and the Undocumented Student Liaison shall ensure that 
undocumented immigrants and students from mixed status 
households receive equitable and inclusive access to the 
University's retention and matriculation programs.
 The Board shall ensure that an Undocumented Student 
Liaison is available at each campus of the University. The 
Undocumented Student Liaison must be placed in a location that 
provides direct access for students in collaboration with the 
retention and matriculation programs of the University. The 
Undocumented Student Liaison shall report directly to senior 
leadership and shall assist leadership with the review of 
policies and procedures that directly affect undocumented and 
mixed status students.
 An Undocumented Student Liaison may work on outreach 
efforts to provide access to resources and support within the 
grade P-20 education pipeline by supporting summer enrichment 
programs and pipeline options for students in any of grades 9 
through 12.
 (b) The Board is encouraged to establish an Undocumented 
Student Resource Center on each of its campuses. An A 
Undocumented Student Resource Center may offer support 
services, including, but not limited to, State and private 
financial assistance, academic and career counseling, and 
retention and matriculation support services, as well as 
mental health counseling options because the changing 
immigration climate impacts a student's overall well-being and 
success.
 An Undocumented Student Resource Center may be housed

within an existing student service center or academic center, 
and the new construction of an Undocumented Student Resource 
Center is not required under this Section.
 The Board may seek and accept any financial support 
through institutional advancement, private gifts, or donations 
to aid in the creation and operation of and the services 
provided by an Undocumented Student Resource Center. 

(Source: P.A. 102-475, eff. 8-20-21; revised 10-21-21.)




 (110 ILCS 520/130)


 Sec. 130 100. Personal support worker's attendance in 
class permitted. If a student of the University has a personal 
support worker through the Home-Based Support
Services Program 
for Adults with Mental Disabilities under the
Developmental 
Disability and Mental Disability Services Act, the Board must 
permit the personal support worker to attend class with the 
student but is not responsible for providing or paying for the 
personal support worker. If the personal support worker's 
attendance in class is solely to provide personal support 
services to the student, the Board may not charge the personal 
support worker tuition and fees for such attendance.

(Source: P.A. 102-568, eff. 8-23-21; revised 10-21-21.)


 Section 345. The Chicago State University Law is amended 
by setting forth, renumbering, and changing multiple
versions 
of Section 5-210 as follows:



 (110 ILCS 660/5-210)


 Sec. 5-210. Modification of athletic or team uniform 
permitted.
 (a) The Board must allow a student athlete to modify his or 
her athletic or team uniform due to the observance of modesty 
in clothing or attire in accordance with the requirements of 
his or her religion or his or her cultural values or modesty 
preferences. The modification of the athletic or team uniform 
may include, but is not limited to, the wearing of a hijab, an 
undershirt, or leggings. If a student chooses to modify his or 
her athletic or team uniform, the student is responsible for 
all costs associated with the modification of the uniform and 
the student shall not be required to receive prior approval 
from the Board for such modification. However, nothing in this 
Section prohibits the University from providing the 
modification to the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface. 

(Source: P.A. 102-51, eff. 7-9-21; revised 10-26-21.)




 (110 ILCS 660/5-212)


 Sec. 5-212 5-210. Academic major report. The Board shall 
provide to each enrolled student, at the time the student 
declares or changes his or her academic major or program of 
study, a report that contains relevant, independent, and 
accurate data related to the student's major or program of 
study and to the current occupational outlook associated with 
that major or program of study. The report shall provide the 
student with all of the following information:
  (1) The estimated cost of his or her education 
 associated with pursuing a degree in that major or program 
 of study.
  (2) The average monthly student loan payment over a 
 period of 20 years based on the estimated cost of his or 
 her education under paragraph (1).
  (3) The average job placement rate within 12 months 
 after graduation for a graduate who holds a degree in that 
 major or program of study.
  (4) The average entry-level wage or salary for an 
 occupation related to that major or program of study.
  (5) The average wage or salary 5 years after entry 
 into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; revised 10-26-21.)




 (110 ILCS 660/5-220)


 Sec. 5-220 5-210. Availability of menstrual hygiene 
products.
 (a) In this Section, "menstrual hygiene products" means 
tampons and sanitary napkins for use in connection with the 
menstrual cycle.
 (b) The Board shall make menstrual hygiene products 
available, at no cost to students, in the bathrooms of 
facilities or portions of facilities that (i) are owned or 
leased by the Board or over which the Board has care, custody, 
and control and (ii) are used for student instruction or 
administrative purposes. 

(Source: P.A. 102-250, eff. 8-5-21; revised 10-26-21.)




 (110 ILCS 660/5-225)


 Sec. 5-225 5-210. Adjunct professor; status of class.
 (a) At least 30 days before the beginning of a term and 
again at 14 days before the beginning of the term, the Board 
must notify an adjunct professor about the status of 
enrollment of the class the adjunct professor was hired to 
teach.
 (b) This Section does not apply if the Governor has 
declared a disaster due to a public health emergency or a 
natural disaster pursuant to Section 7 of the Illinois 
Emergency Management Agency Act.
 (c) Collective bargaining agreements that are in effect on 
January 1, 2022 (the effective date of Public Act 102-260) 
this amendatory Act of the 102nd General Assembly are exempt 
from the requirements of this Section.

(Source: P.A. 102-260, eff. 1-1-22; revised 10-26-21.)




 (110 ILCS 660/5-230)


 Sec. 5-230 5-210. Family and medical leave coverage. A 
University employee who has been employed by the University 
for at least 12 months and who has worked at least 1,000 hours 
in the previous 12-month period shall be eligible for family 
and medical leave under the same terms and conditions as leave 
provided to eligible employees under the federal Family and 
Medical Leave Act of 1993.

(Source: P.A. 102-335, eff. 1-1-22; revised 10-26-21.)




 (110 ILCS 660/5-235)


 Sec. 5-235 5-210. Undocumented Student Liaison; 
Undocumented Student Resource Center.
 (a) Beginning with the 2022-2023 academic year, the Board 
shall designate an employee as an Undocumented Student 
Resource Liaison to be available on campus to provide 
assistance to undocumented students and mixed status students 
within the United States in streamlining access to financial 
aid and academic support to successfully matriculate to degree 
completion. The Undocumented Student Liaison shall provide 
assistance to vocational students, undergraduate students,

graduate students, and professional-track students. An 
employee who is designated as an Undocumented Student Liaison 
must be knowledgeable about current legislation and policy 
changes through professional development with the Illinois 
Dream Fund Commission to provide the wrap-around services to 
such students. The Illinois Dream Fund Commission shall 
conduct professional development under this Section. The 
Illinois Dream Fund Commission's task force on immigration 
issues and the Undocumented Student Liaison shall ensure that 
undocumented immigrants and students from mixed status 
households receive equitable and inclusive access to the 
University's retention and matriculation programs.
 The Board shall ensure that an Undocumented Student 
Liaison is available at each campus of the University. The 
Undocumented Student Liaison must be placed in a location that 
provides direct access for students in collaboration with the 
retention and matriculation programs of the University. The 
Undocumented Student Liaison shall report directly to senior 
leadership and shall assist leadership with the review of 
policies and procedures that directly affect undocumented and 
mixed status students.
 An Undocumented Student Liaison may work on outreach 
efforts to provide access to resources and support within the 
grade P-20 education pipeline by supporting summer enrichment 
programs and pipeline options for students in any of grades 9 
through 12.
 (b) The Board is encouraged to establish an Undocumented 
Student Resource Center on each of its campuses. An A 
Undocumented Student Resource Center may offer support 
services, including, but not limited to, State and private 
financial assistance, academic and career counseling, and 
retention and matriculation support services, as well as 
mental health counseling options because the changing 
immigration climate impacts a student's overall well-being and 
success.
 An Undocumented Student Resource Center may be housed

within an existing student service center or academic center, 
and the new construction of an Undocumented Student Resource 
Center is not required under this Section.
 The Board may seek and accept any financial support 
through institutional advancement, private gifts, or donations 
to aid in the creation and operation of and the services 
provided by an Undocumented Student Resource Center. 

(Source: P.A. 102-475, eff. 8-20-21; revised 10-26-21.)




 (110 ILCS 660/5-240)


 Sec. 5-240 5-210. Personal support worker's attendance in 
class permitted. If a student of the University has a personal 
support worker through the Home-Based Support
Services Program 
for Adults with Mental Disabilities under the
Developmental 
Disability and Mental Disability Services Act, the Board must 
permit the personal support worker to attend class with the 
student but is not responsible for providing or paying for the 
personal support worker. If the personal support worker's 
attendance in class is solely to provide personal support 
services to the student, the Board may not charge the personal 
support worker tuition and fees for such attendance.

(Source: P.A. 102-568, eff. 8-23-21; revised 10-26-21.)


 Section 350. The Eastern Illinois University Law is 
amended by setting forth, renumbering, and changing multiple

versions of Section 10-210 as follows:



 (110 ILCS 665/10-210)


 Sec. 10-210. Modification of athletic or team uniform 
permitted.
 (a) The Board must allow a student athlete to modify his or 
her athletic or team uniform due to the observance of modesty 
in clothing or attire in accordance with the requirements of 
his or her religion or his or her cultural values or modesty 
preferences. The modification of the athletic or team uniform 
may include, but is not limited to, the wearing of a hijab, an 
undershirt, or leggings. If a student chooses to modify his or 
her athletic or team uniform, the student is responsible for 
all costs associated with the modification of the uniform and 
the student shall not be required to receive prior approval 
from the Board for such modification. However, nothing in this 
Section prohibits the University from providing the 
modification to the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface. 

(Source: P.A. 102-51, eff. 7-9-21; revised 10-27-21.)


 (110 ILCS 665/10-212)
 Sec. 10-212 10-210. Academic major report. The Board shall 
provide to each enrolled student, at the time the student 
declares or changes his or her academic major or program of 
study, a report that contains relevant, independent, and 
accurate data related to the student's major or program of 
study and to the current occupational outlook associated with 
that major or program of study. The report shall provide the 
student with all of the following information:
  (1) The estimated cost of his or her education 
 associated with pursuing a degree in that major or program 
 of study.
  (2) The average monthly student loan payment over a 
 period of 20 years based on the estimated cost of his or 
 her education under paragraph (1).
  (3) The average job placement rate within 12 months 
 after graduation for a graduate who holds a degree in that 
 major or program of study.
  (4) The average entry-level wage or salary for an 
 occupation related to that major or program of study.
  (5) The average wage or salary 5 years after entry 
 into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; revised 11-16-21.)



 (110 ILCS 665/10-220)


 Sec. 10-220 10-210. Availability of menstrual hygiene 
products.
 (a) In this Section, "menstrual hygiene products" means 
tampons and sanitary napkins for use in connection with the 
menstrual cycle.
 (b) The Board shall make menstrual hygiene products 
available, at no cost to students, in the bathrooms of 
facilities or portions of facilities that (i) are owned or 
leased by the Board or over which the Board has care, custody, 
and control and (ii) are used for student instruction or 
administrative purposes. 

(Source: P.A. 102-250, eff. 8-5-21; revised 10-27-21.)




 (110 ILCS 665/10-225)


 Sec. 10-225 10-210. Adjunct professor; status of class.
 (a) At least 30 days before the beginning of a term and 
again at 14 days before the beginning of the term, the Board 
must notify an adjunct professor about the status of 
enrollment of the class the adjunct professor was hired to 
teach.
 (b) This Section does not apply if the Governor has 
declared a disaster due to a public health emergency or a 
natural disaster pursuant to Section 7 of the Illinois 
Emergency Management Agency Act.
 (c) Collective bargaining agreements that are in effect on 
January 1, 2022 (the effective date of Public Act 102-260) 
this amendatory Act of the 102nd General Assembly are exempt 
from the requirements of this Section.

(Source: P.A. 102-260, eff. 1-1-22; revised 10-27-21.)




 (110 ILCS 665/10-230)


 Sec. 10-230 10-210. Family and medical leave coverage. A 
University employee who has been employed by the University 
for at least 12 months and who has worked at least 1,000 hours 
in the previous 12-month period shall be eligible for family 
and medical leave under the same terms and conditions as leave 
provided to eligible employees under the federal Family and 
Medical Leave Act of 1993.

(Source: P.A. 102-335, eff. 1-1-22; revised 10-27-21.)




 (110 ILCS 665/10-235)


 Sec. 10-235 10-210. Undocumented Student Liaison; 
Undocumented Student Resource Center.
 (a) Beginning with the 2022-2023 academic year, the Board 
shall designate an employee as an Undocumented Student 
Resource Liaison to be available on campus to provide 
assistance to undocumented students and mixed status students 
within the United States in streamlining access to financial 
aid and academic support to successfully matriculate to degree 
completion. The Undocumented Student Liaison shall provide 
assistance to vocational students, undergraduate students,

graduate students, and professional-track students. An 
employee who is designated as an Undocumented Student Liaison 
must be knowledgeable about current legislation and policy 
changes through professional development with the Illinois 
Dream Fund Commission to provide the wrap-around services to 
such students. The Illinois Dream Fund Commission shall 
conduct professional development under this Section. The 
Illinois Dream Fund Commission's task force on immigration 
issues and the Undocumented Student Liaison shall ensure that 
undocumented immigrants and students from mixed status 
households receive equitable and inclusive access to the 
University's retention and matriculation programs.
 The Board shall ensure that an Undocumented Student 
Liaison is available at each campus of the University. The 
Undocumented Student Liaison must be placed in a location that 
provides direct access for students in collaboration with the 
retention and matriculation programs of the University. The 
Undocumented Student Liaison shall report directly to senior 
leadership and shall assist leadership with the review of 
policies and procedures that directly affect undocumented and 
mixed status students.
 An Undocumented Student Liaison may work on outreach 
efforts to provide access to resources and support within the 
grade P-20 education pipeline by supporting summer enrichment 
programs and pipeline options for students in any of grades 9 
through 12.
 (b) The Board is encouraged to establish an Undocumented 
Student Resource Center on each of its campuses. An A 
Undocumented Student Resource Center may offer support 
services, including, but not limited to, State and private 
financial assistance, academic and career counseling, and 
retention and matriculation support services, as well as 
mental health counseling options because the changing 
immigration climate impacts a student's overall well-being and 
success.
 An Undocumented Student Resource Center may be housed

within an existing student service center or academic center, 
and the new construction of an Undocumented Student Resource 
Center is not required under this Section.
 The Board may seek and accept any financial support 
through institutional advancement, private gifts, or donations 
to aid in the creation and operation of and the services 
provided by an Undocumented Student Resource Center. 

(Source: P.A. 102-475, eff. 8-20-21; revised 10-27-21.)




 (110 ILCS 665/10-240)


 Sec. 10-240 10-210. Personal support worker's attendance 
in class permitted. If a student of the University has a 
personal support worker through the Home-Based Support

Services Program for Adults with Mental Disabilities under the

Developmental Disability and Mental Disability Services Act, 
the Board must permit the personal support worker to attend 
class with the student but is not responsible for providing or 
paying for the personal support worker. If the personal 
support worker's attendance in class is solely to provide 
personal support services to the student, the Board may not 
charge the personal support worker tuition and fees for such 
attendance.

(Source: P.A. 102-568, eff. 8-23-21; revised 10-27-21.)


 Section 355. The Governors State University Law is amended 
by setting forth, renumbering, and changing multiple
versions 
of Section 15-210 as follows:



 (110 ILCS 670/15-210)


 Sec. 15-210. Modification of athletic or team uniform 
permitted.
 (a) The Board must allow a student athlete to modify his or 
her athletic or team uniform due to the observance of modesty 
in clothing or attire in accordance with the requirements of 
his or her religion or his or her cultural values or modesty 
preferences. The modification of the athletic or team uniform 
may include, but is not limited to, the wearing of a hijab, an 
undershirt, or leggings. If a student chooses to modify his or 
her athletic or team uniform, the student is responsible for 
all costs associated with the modification of the uniform and 
the student shall not be required to receive prior approval 
from the Board for such modification. However, nothing in this 
Section prohibits the University from providing the 
modification to the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface. 

(Source: P.A. 102-51, eff. 7-9-21; revised 10-29-21.)




 (110 ILCS 670/15-212)


 Sec. 15-212 15-210. Academic major report. The Board shall 
provide to each enrolled student, at the time the student 
declares or changes his or her academic major or program of 
study, a report that contains relevant, independent, and 
accurate data related to the student's major or program of 
study and to the current occupational outlook associated with 
that major or program of study. The report shall provide the 
student with all of the following information:
  (1) The estimated cost of his or her education 
 associated with pursuing a degree in that major or program 
 of study.
  (2) The average monthly student loan payment over a 
 period of 20 years based on the estimated cost of his or 
 her education under paragraph (1).
  (3) The average job placement rate within 12 months 
 after graduation for a graduate who holds a degree in that 
 major or program of study.
  (4) The average entry-level wage or salary for an 
 occupation related to that major or program of study.
  (5) The average wage or salary 5 years after entry 
 into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; revised 10-29-21.)




 (110 ILCS 670/15-220)


 Sec. 15-220 15-210. Availability of menstrual hygiene 
products.
 (a) In this Section, "menstrual hygiene products" means 
tampons and sanitary napkins for use in connection with the 
menstrual cycle.
 (b) The Board shall make menstrual hygiene products 
available, at no cost to students, in the bathrooms of 
facilities or portions of facilities that (i) are owned or 
leased by the Board or over which the Board has care, custody, 
and control and (ii) are used for student instruction or 
administrative purposes. 

(Source: P.A. 102-250, eff. 8-5-21; revised 10-29-21.)




 (110 ILCS 670/15-225)


 Sec. 15-225 15-210. Adjunct professor; status of class.
 (a) At least 30 days before the beginning of a term and 
again at 14 days before the beginning of the term, the Board 
must notify an adjunct professor about the status of 
enrollment of the class the adjunct professor was hired to 
teach.
 (b) This Section does not apply if the Governor has 
declared a disaster due to a public health emergency or a 
natural disaster pursuant to Section 7 of the Illinois 
Emergency Management Agency Act.
 (c) Collective bargaining agreements that are in effect on 
January 1, 2022 (the effective date of Public Act 102-260) 
this amendatory Act of the 102nd General Assembly are exempt 
from the requirements of this Section.

(Source: P.A. 102-260, eff. 1-1-22; revised 10-29-21.)




 (110 ILCS 670/15-230)


 Sec. 15-230 15-210. Family and medical leave coverage. A 
University employee who has been employed by the University 
for at least 12 months and who has worked at least 1,000 hours 
in the previous 12-month period shall be eligible for family 
and medical leave under the same terms and conditions as leave 
provided to eligible employees under the federal Family and 
Medical Leave Act of 1993.

(Source: P.A. 102-335, eff. 1-1-22; revised 10-29-21.)




 (110 ILCS 670/15-235)


 Sec. 15-235 15-210. Undocumented Student Liaison; 
Undocumented Student Resource Center.
 (a) Beginning with the 2022-2023 academic year, the Board 
shall designate an employee as an Undocumented Student 
Resource Liaison to be available on campus to provide 
assistance to undocumented students and mixed status students 
within the United States in streamlining access to financial 
aid and academic support to successfully matriculate to degree 
completion. The Undocumented Student Liaison shall provide 
assistance to vocational students, undergraduate students,

graduate students, and professional-track students. An 
employee who is designated as an Undocumented Student Liaison 
must be knowledgeable about current legislation and policy 
changes through professional development with the Illinois 
Dream Fund Commission to provide the wrap-around services to 
such students. The Illinois Dream Fund Commission shall 
conduct professional development under this Section. The 
Illinois Dream Fund Commission's task force on immigration 
issues and the Undocumented Student Liaison shall ensure that 
undocumented immigrants and students from mixed status 
households receive equitable and inclusive access to the 
University's retention and matriculation programs.
 The Board shall ensure that an Undocumented Student 
Liaison is available at each campus of the University. The 
Undocumented Student Liaison must be placed in a location that 
provides direct access for students in collaboration with the 
retention and matriculation programs of the University. The 
Undocumented Student Liaison shall report directly to senior 
leadership and shall assist leadership with the review of 
policies and procedures that directly affect undocumented and 
mixed status students.
 An Undocumented Student Liaison may work on outreach 
efforts to provide access to resources and support within the 
grade P-20 education pipeline by supporting summer enrichment 
programs and pipeline options for students in any of grades 9 
through 12.
 (b) The Board is encouraged to establish an Undocumented 
Student Resource Center on each of its campuses. An A 
Undocumented Student Resource Center may offer support 
services, including, but not limited to, State and private 
financial assistance, academic and career counseling, and 
retention and matriculation support services, as well as 
mental health counseling options because the changing 
immigration climate impacts a student's overall well-being and 
success.
 An Undocumented Student Resource Center may be housed

within an existing student service center or academic center, 
and the new construction of an Undocumented Student Resource 
Center is not required under this Section.
 The Board may seek and accept any financial support 
through institutional advancement, private gifts, or donations 
to aid in the creation and operation of and the services 
provided by an Undocumented Student Resource Center. 

(Source: P.A. 102-475, eff. 8-20-21; revised 10-29-21.)




 (110 ILCS 670/15-240)


 Sec. 15-240 15-210. Personal support worker's attendance 
in class permitted. If a student of the University has a 
personal support worker through the Home-Based Support

Services Program for Adults with Mental Disabilities under the

Developmental Disability and Mental Disability Services Act, 
the Board must permit the personal support worker to attend 
class with the student but is not responsible for providing or 
paying for the personal support worker. If the personal 
support worker's attendance in class is solely to provide 
personal support services to the student, the Board may not 
charge the personal support worker tuition and fees for such 
attendance.

(Source: P.A. 102-568, eff. 8-23-21; revised 10-29-21.)


 Section 360. The Illinois State University Law is amended 
by setting forth, renumbering, and changing multiple
versions 
of Section 20-215 as follows:



 (110 ILCS 675/20-215)


 Sec. 20-215. Modification of athletic or team uniform 
permitted.
 (a) The Board must allow a student athlete to modify his or 
her athletic or team uniform due to the observance of modesty 
in clothing or attire in accordance with the requirements of 
his or her religion or his or her cultural values or modesty 
preferences. The modification of the athletic or team uniform 
may include, but is not limited to, the wearing of a hijab, an 
undershirt, or leggings. If a student chooses to modify his or 
her athletic or team uniform, the student is responsible for 
all costs associated with the modification of the uniform and 
the student shall not be required to receive prior approval 
from the Board for such modification. However, nothing in this 
Section prohibits the University from providing the 
modification to the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface. 

(Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)




 (110 ILCS 675/20-217)


 Sec. 20-217 20-215. Academic major report. The Board shall 
provide to each enrolled student, at the time the student 
declares or changes his or her academic major or program of 
study, a report that contains relevant, independent, and 
accurate data related to the student's major or program of 
study and to the current occupational outlook associated with 
that major or program of study. The report shall provide the 
student with all of the following information:
  (1) The estimated cost of his or her education 
 associated with pursuing a degree in that major or program 
 of study.
  (2) The average monthly student loan payment over a 
 period of 20 years based on the estimated cost of his or 
 her education under paragraph (1).
  (3) The average job placement rate within 12 months 
 after graduation for a graduate who holds a degree in that 
 major or program of study.
  (4) The average entry-level wage or salary for an 
 occupation related to that major or program of study.
  (5) The average wage or salary 5 years after entry 
 into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)




 (110 ILCS 675/20-225)


 Sec. 20-225 20-215. Availability of menstrual hygiene 
products.
 (a) In this Section, "menstrual hygiene products" means 
tampons and sanitary napkins for use in connection with the 
menstrual cycle.
 (b) The Board shall make menstrual hygiene products 
available, at no cost to students, in the bathrooms of 
facilities or portions of facilities that (i) are owned or 
leased by the Board or over which the Board has care, custody, 
and control and (ii) are used for student instruction or 
administrative purposes. 

(Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)




 (110 ILCS 675/20-230)


 Sec. 20-230 20-215. Adjunct professor; status of class.
 (a) At least 30 days before the beginning of a term and 
again at 14 days before the beginning of the term, the Board 
must notify an adjunct professor about the status of 
enrollment of the class the adjunct professor was hired to 
teach.
 (b) This Section does not apply if the Governor has 
declared a disaster due to a public health emergency or a 
natural disaster pursuant to Section 7 of the Illinois 
Emergency Management Agency Act.
 (c) Collective bargaining agreements that are in effect on 
January 1, 2022 (the effective date of Public Act 102-260) 
this amendatory Act of the 102nd General Assembly are exempt 
from the requirements of this Section.

(Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)




 (110 ILCS 675/20-235)


 Sec. 20-235 20-215. Family and medical leave coverage. A 
University employee who has been employed by the University 
for at least 12 months and who has worked at least 1,000 hours 
in the previous 12-month period shall be eligible for family 
and medical leave under the same terms and conditions as leave 
provided to eligible employees under the federal Family and 
Medical Leave Act of 1993.

(Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)




 (110 ILCS 675/20-240)


 Sec. 20-240 20-215. Undocumented Student Liaison; 
Undocumented Student Resource Center.
 (a) Beginning with the 2022-2023 academic year, the Board 
shall designate an employee as an Undocumented Student 
Resource Liaison to be available on campus to provide 
assistance to undocumented students and mixed status students 
within the United States in streamlining access to financial 
aid and academic support to successfully matriculate to degree 
completion. The Undocumented Student Liaison shall provide 
assistance to vocational students, undergraduate students,

graduate students, and professional-track students. An 
employee who is designated as an Undocumented Student Liaison 
must be knowledgeable about current legislation and policy 
changes through professional development with the Illinois 
Dream Fund Commission to provide the wrap-around services to 
such students. The Illinois Dream Fund Commission shall 
conduct professional development under this Section. The 
Illinois Dream Fund Commission's task force on immigration 
issues and the Undocumented Student Liaison shall ensure that 
undocumented immigrants and students from mixed status 
households receive equitable and inclusive access to the 
University's retention and matriculation programs.
 The Board shall ensure that an Undocumented Student 
Liaison is available at each campus of the University. The 
Undocumented Student Liaison must be placed in a location that 
provides direct access for students in collaboration with the 
retention and matriculation programs of the University. The 
Undocumented Student Liaison shall report directly to senior 
leadership and shall assist leadership with the review of 
policies and procedures that directly affect undocumented and 
mixed status students.
 An Undocumented Student Liaison may work on outreach 
efforts to provide access to resources and support within the 
grade P-20 education pipeline by supporting summer enrichment 
programs and pipeline options for students in any of grades 9 
through 12.
 (b) The Board is encouraged to establish an Undocumented 
Student Resource Center on each of its campuses. An A 
Undocumented Student Resource Center may offer support 
services, including, but not limited to, State and private 
financial assistance, academic and career counseling, and 
retention and matriculation support services, as well as 
mental health counseling options because the changing 
immigration climate impacts a student's overall well-being and 
success.
 An Undocumented Student Resource Center may be housed

within an existing student service center or academic center, 
and the new construction of an Undocumented Student Resource 
Center is not required under this Section.
 The Board may seek and accept any financial support 
through institutional advancement, private gifts, or donations 
to aid in the creation and operation of and the services 
provided by an Undocumented Student Resource Center. 

(Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)




 (110 ILCS 675/20-245)


 Sec. 20-245 20-215. Personal support worker's attendance 
in class permitted. If a student of the University has a 
personal support worker through the Home-Based Support

Services Program for Adults with Mental Disabilities under the

Developmental Disability and Mental Disability Services Act, 
the Board must permit the personal support worker to attend 
class with the student but is not responsible for providing or 
paying for the personal support worker. If the personal 
support worker's attendance in class is solely to provide 
personal support services to the student, the Board may not 
charge the personal support worker tuition and fees for such 
attendance.

(Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)


 Section 365. The Northeastern Illinois University Law is 
amended by setting forth, renumbering, and changing multiple

versions of Section 25-210 as follows:



 (110 ILCS 680/25-210)


 Sec. 25-210. Modification of athletic or team uniform 
permitted.
 (a) The Board must allow a student athlete to modify his or 
her athletic or team uniform due to the observance of modesty 
in clothing or attire in accordance with the requirements of 
his or her religion or his or her cultural values or modesty 
preferences. The modification of the athletic or team uniform 
may include, but is not limited to, the wearing of a hijab, an 
undershirt, or leggings. If a student chooses to modify his or 
her athletic or team uniform, the student is responsible for 
all costs associated with the modification of the uniform and 
the student shall not be required to receive prior approval 
from the Board for such modification. However, nothing in this 
Section prohibits the University from providing the 
modification to the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface. 

(Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)




 (110 ILCS 680/25-212)


 Sec. 25-212 25-210. Academic major report. The Board shall 
provide to each enrolled student, at the time the student 
declares or changes his or her academic major or program of 
study, a report that contains relevant, independent, and 
accurate data related to the student's major or program of 
study and to the current occupational outlook associated with 
that major or program of study. The report shall provide the 
student with all of the following information:
  (1) The estimated cost of his or her education 
 associated with pursuing a degree in that major or program 
 of study.
  (2) The average monthly student loan payment over a 
 period of 20 years based on the estimated cost of his or 
 her education under paragraph (1).
  (3) The average job placement rate within 12 months 
 after graduation for a graduate who holds a degree in that 
 major or program of study.
  (4) The average entry-level wage or salary for an 
 occupation related to that major or program of study.
  (5) The average wage or salary 5 years after entry 
 into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)




 (110 ILCS 680/25-220)


 Sec. 25-220 25-210. Availability of menstrual hygiene 
products.
 (a) In this Section, "menstrual hygiene products" means 
tampons and sanitary napkins for use in connection with the 
menstrual cycle.
 (b) The Board shall make menstrual hygiene products 
available, at no cost to students, in the bathrooms of 
facilities or portions of facilities that (i) are owned or 
leased by the Board or over which the Board has care, custody, 
and control and (ii) are used for student instruction or 
administrative purposes. 

(Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)




 (110 ILCS 680/25-225)


 Sec. 25-225 25-210. Adjunct professor; status of class.
 (a) At least 30 days before the beginning of a term and 
again at 14 days before the beginning of the term, the Board 
must notify an adjunct professor about the status of 
enrollment of the class the adjunct professor was hired to 
teach.
 (b) This Section does not apply if the Governor has 
declared a disaster due to a public health emergency or a 
natural disaster pursuant to Section 7 of the Illinois 
Emergency Management Agency Act.
 (c) Collective bargaining agreements that are in effect on 
January 1, 2022 (the effective date of Public Act 102-260) 
this amendatory Act of the 102nd General Assembly are exempt 
from the requirements of this Section.

(Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)




 (110 ILCS 680/25-230)


 Sec. 25-230 25-210. Family and medical leave coverage. A 
University employee who has been employed by the University 
for at least 12 months and who has worked at least 1,000 hours 
in the previous 12-month period shall be eligible for family 
and medical leave under the same terms and conditions as leave 
provided to eligible employees under the federal Family and 
Medical Leave Act of 1993.

(Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)




 (110 ILCS 680/25-235)


 Sec. 25-235 25-210. Undocumented Student Liaison; 
Undocumented Student Resource Center.
 (a) Beginning with the 2022-2023 academic year, the Board 
shall designate an employee as an Undocumented Student 
Resource Liaison to be available on campus to provide 
assistance to undocumented students and mixed status students 
within the United States in streamlining access to financial 
aid and academic support to successfully matriculate to degree 
completion. The Undocumented Student Liaison shall provide 
assistance to vocational students, undergraduate students,

graduate students, and professional-track students. An 
employee who is designated as an Undocumented Student Liaison 
must be knowledgeable about current legislation and policy 
changes through professional development with the Illinois 
Dream Fund Commission to provide the wrap-around services to 
such students. The Illinois Dream Fund Commission shall 
conduct professional development under this Section. The 
Illinois Dream Fund Commission's task force on immigration 
issues and the Undocumented Student Liaison shall ensure that 
undocumented immigrants and students from mixed status 
households receive equitable and inclusive access to the 
University's retention and matriculation programs.
 The Board shall ensure that an Undocumented Student 
Liaison is available at each campus of the University. The 
Undocumented Student Liaison must be placed in a location that 
provides direct access for students in collaboration with the 
retention and matriculation programs of the University. The 
Undocumented Student Liaison shall report directly to senior 
leadership and shall assist leadership with the review of 
policies and procedures that directly affect undocumented and 
mixed status students.
 An Undocumented Student Liaison may work on outreach 
efforts to provide access to resources and support within the 
grade P-20 education pipeline by supporting summer enrichment 
programs and pipeline options for students in any of grades 9 
through 12.
 (b) The Board is encouraged to establish an Undocumented 
Student Resource Center on each of its campuses. An A 
Undocumented Student Resource Center may offer support 
services, including, but not limited to, State and private 
financial assistance, academic and career counseling, and 
retention and matriculation support services, as well as 
mental health counseling options because the changing 
immigration climate impacts a student's overall well-being and 
success.
 An Undocumented Student Resource Center may be housed

within an existing student service center or academic center, 
and the new construction of an Undocumented Student Resource 
Center is not required under this Section.
 The Board may seek and accept any financial support 
through institutional advancement, private gifts, or donations 
to aid in the creation and operation of and the services 
provided by an Undocumented Student Resource Center. 

(Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)




 (110 ILCS 680/25-240)


 Sec. 25-240 25-210. Personal support worker's attendance 
in class permitted. If a student of the University has a 
personal support worker through the Home-Based Support

Services Program for Adults with Mental Disabilities under the

Developmental Disability and Mental Disability Services Act, 
the Board must permit the personal support worker to attend 
class with the student but is not responsible for providing or 
paying for the personal support worker. If the personal 
support worker's attendance in class is solely to provide 
personal support services to the student, the Board may not 
charge the personal support worker tuition and fees for such 
attendance.

(Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)


 Section 370. The Northern Illinois University Law is 
amended by setting forth, renumbering, and changing multiple

versions of Section 30-220 as follows:



 (110 ILCS 685/30-220)


 Sec. 30-220. Modification of athletic or team uniform 
permitted.
 (a) The Board must allow a student athlete to modify his or 
her athletic or team uniform due to the observance of modesty 
in clothing or attire in accordance with the requirements of 
his or her religion or his or her cultural values or modesty 
preferences. The modification of the athletic or team uniform 
may include, but is not limited to, the wearing of a hijab, an 
undershirt, or leggings. If a student chooses to modify his or 
her athletic or team uniform, the student is responsible for 
all costs associated with the modification of the uniform and 
the student shall not be required to receive prior approval 
from the Board for such modification. However, nothing in this 
Section prohibits the University from providing the 
modification to the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface. 

(Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)




 (110 ILCS 685/30-222)


 Sec. 30-222 30-220. Academic major report. The Board shall 
provide to each enrolled student, at the time the student 
declares or changes his or her academic major or program of 
study, a report that contains relevant, independent, and 
accurate data related to the student's major or program of 
study and to the current occupational outlook associated with 
that major or program of study. The report shall provide the 
student with all of the following information:
  (1) The estimated cost of his or her education 
 associated with pursuing a degree in that major or program 
 of study.
  (2) The average monthly student loan payment over a 
 period of 20 years based on the estimated cost of his or 
 her education under paragraph (1).
  (3) The average job placement rate within 12 months 
 after graduation for a graduate who holds a degree in that 
 major or program of study.
  (4) The average entry-level wage or salary for an 
 occupation related to that major or program of study.
  (5) The average wage or salary 5 years after entry 
 into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)




 (110 ILCS 685/30-230)


 Sec. 30-230 30-220. Availability of menstrual hygiene 
products.
 (a) In this Section, "menstrual hygiene products" means 
tampons and sanitary napkins for use in connection with the 
menstrual cycle.
 (b) The Board shall make menstrual hygiene products 
available, at no cost to students, in the bathrooms of 
facilities or portions of facilities that (i) are owned or 
leased by the Board or over which the Board has care, custody, 
and control and (ii) are used for student instruction or 
administrative purposes. 

(Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)




 (110 ILCS 685/30-235)


 Sec. 30-235 30-220. Adjunct professor; status of class.
 (a) At least 30 days before the beginning of a term and 
again at 14 days before the beginning of the term, the Board 
must notify an adjunct professor about the status of 
enrollment of the class the adjunct professor was hired to 
teach.
 (b) This Section does not apply if the Governor has 
declared a disaster due to a public health emergency or a 
natural disaster pursuant to Section 7 of the Illinois 
Emergency Management Agency Act.
 (c) Collective bargaining agreements that are in effect on 
January 1, 2022 (the effective date of Public Act 102-260) 
this amendatory Act of the 102nd General Assembly are exempt 
from the requirements of this Section.

(Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)




 (110 ILCS 685/30-240)


 Sec. 30-240 30-220. Family and medical leave coverage. A 
University employee who has been employed by the University 
for at least 12 months and who has worked at least 1,000 hours 
in the previous 12-month period shall be eligible for family 
and medical leave under the same terms and conditions as leave 
provided to eligible employees under the federal Family and 
Medical Leave Act of 1993.

(Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)




 (110 ILCS 685/30-245)


 Sec. 30-245 30-220. Undocumented Student Liaison; 
Undocumented Student Resource Center.
 (a) Beginning with the 2022-2023 academic year, the Board 
shall designate an employee as an Undocumented Student 
Resource Liaison to be available on campus to provide 
assistance to undocumented students and mixed status students 
within the United States in streamlining access to financial 
aid and academic support to successfully matriculate to degree 
completion. The Undocumented Student Liaison shall provide 
assistance to vocational students, undergraduate students,

graduate students, and professional-track students. An 
employee who is designated as an Undocumented Student Liaison 
must be knowledgeable about current legislation and policy 
changes through professional development with the Illinois 
Dream Fund Commission to provide the wrap-around services to 
such students. The Illinois Dream Fund Commission shall 
conduct professional development under this Section. The 
Illinois Dream Fund Commission's task force on immigration 
issues and the Undocumented Student Liaison shall ensure that 
undocumented immigrants and students from mixed status 
households receive equitable and inclusive access to the 
University's retention and matriculation programs.
 The Board shall ensure that an Undocumented Student 
Liaison is available at each campus of the University. The 
Undocumented Student Liaison must be placed in a location that 
provides direct access for students in collaboration with the 
retention and matriculation programs of the University. The 
Undocumented Student Liaison shall report directly to senior 
leadership and shall assist leadership with the review of 
policies and procedures that directly affect undocumented and 
mixed status students.
 An Undocumented Student Liaison may work on outreach 
efforts to provide access to resources and support within the 
grade P-20 education pipeline by supporting summer enrichment 
programs and pipeline options for students in any of grades 9 
through 12.
 (b) The Board is encouraged to establish an Undocumented 
Student Resource Center on each of its campuses. An A 
Undocumented Student Resource Center may offer support 
services, including, but not limited to, State and private 
financial assistance, academic and career counseling, and 
retention and matriculation support services, as well as 
mental health counseling options because the changing 
immigration climate impacts a student's overall well-being and 
success.
 An Undocumented Student Resource Center may be housed

within an existing student service center or academic center, 
and the new construction of an Undocumented Student Resource 
Center is not required under this Section.
 The Board may seek and accept any financial support 
through institutional advancement, private gifts, or donations 
to aid in the creation and operation of and the services 
provided by an Undocumented Student Resource Center. 

(Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)




 (110 ILCS 685/30-250)


 Sec. 30-250 30-220. Personal support worker's attendance 
in class permitted. If a student of the University has a 
personal support worker through the Home-Based Support

Services Program for Adults with Mental Disabilities under the

Developmental Disability and Mental Disability Services Act, 
the Board must permit the personal support worker to attend 
class with the student but is not responsible for providing or 
paying for the personal support worker. If the personal 
support worker's attendance in class is solely to provide 
personal support services to the student, the Board may not 
charge the personal support worker tuition and fees for such 
attendance.

(Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)


 Section 375. The Western Illinois University Law is 
amended by setting forth, renumbering, and changing multiple

versions of Section 35-215 as follows:



 (110 ILCS 690/35-215)


 Sec. 35-215. Modification of athletic or team uniform 
permitted.
 (a) The Board must allow a student athlete to modify his or 
her athletic or team uniform due to the observance of modesty 
in clothing or attire in accordance with the requirements of 
his or her religion or his or her cultural values or modesty 
preferences. The modification of the athletic or team uniform 
may include, but is not limited to, the wearing of a hijab, an 
undershirt, or leggings. If a student chooses to modify his or 
her athletic or team uniform, the student is responsible for 
all costs associated with the modification of the uniform and 
the student shall not be required to receive prior approval 
from the Board for such modification. However, nothing in this 
Section prohibits the University from providing the 
modification to the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface. 

(Source: P.A. 102-51, eff. 7-9-21; revised 11-5-21.)




 (110 ILCS 690/35-217)


 Sec. 35-217 35-215. Academic major report. The Board shall 
provide to each enrolled student, at the time the student 
declares or changes his or her academic major or program of 
study, a report that contains relevant, independent, and 
accurate data related to the student's major or program of 
study and to the current occupational outlook associated with 
that major or program of study. The report shall provide the 
student with all of the following information:
  (1) The estimated cost of his or her education 
 associated with pursuing a degree in that major or program 
 of study.
  (2) The average monthly student loan payment over a 
 period of 20 years based on the estimated cost of his or 
 her education under paragraph (1).
  (3) The average job placement rate within 12 months 
 after graduation for a graduate who holds a degree in that 
 major or program of study.
  (4) The average entry-level wage or salary for an 
 occupation related to that major or program of study.
  (5) The average wage or salary 5 years after entry 
 into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; revised 11-5-21.)




 (110 ILCS 690/35-225)


 Sec. 35-225 35-215. Availability of menstrual hygiene 
products.
 (a) In this Section, "menstrual hygiene products" means 
tampons and sanitary napkins for use in connection with the 
menstrual cycle.
 (b) The Board shall make menstrual hygiene products 
available, at no cost to students, in the bathrooms of 
facilities or portions of facilities that (i) are owned or 
leased by the Board or over which the Board has care, custody, 
and control and (ii) are used for student instruction or 
administrative purposes. 

(Source: P.A. 102-250, eff. 8-5-21; revised 11-5-21.)




 (110 ILCS 690/35-230)


 Sec. 35-230 35-215. Adjunct professor; status of class.
 (a) At least 30 days before the beginning of a term and 
again at 14 days before the beginning of the term, the Board 
must notify an adjunct professor about the status of 
enrollment of the class the adjunct professor was hired to 
teach.
 (b) This Section does not apply if the Governor has 
declared a disaster due to a public health emergency or a 
natural disaster pursuant to Section 7 of the Illinois 
Emergency Management Agency Act.
 (c) Collective bargaining agreements that are in effect on 
January 1, 2022 (the effective date of Public Act 102-260) 
this amendatory Act of the 102nd General Assembly are exempt 
from the requirements of this Section.

(Source: P.A. 102-260, eff. 1-1-22; revised 11-5-21.)




 (110 ILCS 690/35-235)


 Sec. 35-235 35-215. Family and medical leave coverage. A 
University employee who has been employed by the University 
for at least 12 months and who has worked at least 1,000 hours 
in the previous 12-month period shall be eligible for family 
and medical leave under the same terms and conditions as leave 
provided to eligible employees under the federal Family and 
Medical Leave Act of 1993.

(Source: P.A. 102-335, eff. 1-1-22; revised 11-5-21.)




 (110 ILCS 690/35-240)


 Sec. 35-240 35-215. Undocumented Student Liaison; 
Undocumented Student Resource Center.
 (a) Beginning with the 2022-2023 academic year, the Board 
shall designate an employee as an Undocumented Student 
Resource Liaison to be available on campus to provide 
assistance to undocumented students and mixed status students 
within the United States in streamlining access to financial 
aid and academic support to successfully matriculate to degree 
completion. The Undocumented Student Liaison shall provide 
assistance to vocational students, undergraduate students,

graduate students, and professional-track students. An 
employee who is designated as an Undocumented Student Liaison 
must be knowledgeable about current legislation and policy 
changes through professional development with the Illinois 
Dream Fund Commission to provide the wrap-around services to 
such students. The Illinois Dream Fund Commission shall 
conduct professional development under this Section. The 
Illinois Dream Fund Commission's task force on immigration 
issues and the Undocumented Student Liaison shall ensure that 
undocumented immigrants and students from mixed status 
households receive equitable and inclusive access to the 
University's retention and matriculation programs.
 The Board shall ensure that an Undocumented Student 
Liaison is available at each campus of the University. The 
Undocumented Student Liaison must be placed in a location that 
provides direct access for students in collaboration with the 
retention and matriculation programs of the University. The 
Undocumented Student Liaison shall report directly to senior 
leadership and shall assist leadership with the review of 
policies and procedures that directly affect undocumented and 
mixed status students.
 An Undocumented Student Liaison may work on outreach 
efforts to provide access to resources and support within the 
grade P-20 education pipeline by supporting summer enrichment 
programs and pipeline options for students in any of grades 9 
through 12.
 (b) The Board is encouraged to establish an Undocumented 
Student Resource Center on each of its campuses. An A 
Undocumented Student Resource Center may offer support 
services, including, but not limited to, State and private 
financial assistance, academic and career counseling, and 
retention and matriculation support services, as well as 
mental health counseling options because the changing 
immigration climate impacts a student's overall well-being and 
success.
 An Undocumented Student Resource Center may be housed

within an existing student service center or academic center, 
and the new construction of an Undocumented Student Resource 
Center is not required under this Section.
 The Board may seek and accept any financial support 
through institutional advancement, private gifts, or donations 
to aid in the creation and operation of and the services 
provided by an Undocumented Student Resource Center. 

(Source: P.A. 102-475, eff. 8-20-21; revised 11-5-21.)




 (110 ILCS 690/35-245)


 Sec. 35-245 35-215. Personal support worker's attendance 
in class permitted. If a student of the University has a 
personal support worker through the Home-Based Support

Services Program for Adults with Mental Disabilities under the

Developmental Disability and Mental Disability Services Act, 
the Board must permit the personal support worker to attend 
class with the student but is not responsible for providing or 
paying for the personal support worker. If the personal 
support worker's attendance in class is solely to provide 
personal support services to the student, the Board may not 
charge the personal support worker tuition and fees for such 
attendance.

(Source: P.A. 102-568, eff. 8-23-21; revised 11-5-21.)


 Section 380. The Public Community College Act is amended 
by setting forth, renumbering, and changing multiple
versions 
of Section 3-29.14 as follows:



 (110 ILCS 805/3-29.14)


 Sec. 3-29.14. Modification of athletic or team uniform 
permitted.
 (a) A board must allow a student athlete to modify his or 
her athletic or team uniform due to the observance of modesty 
in clothing or attire in accordance with the requirements of 
his or her religion or his or her cultural values or modesty 
preferences. The modification of the athletic or team uniform 
may include, but is not limited to, the wearing of a hijab, an 
undershirt, or leggings. If a student chooses to modify his or 
her athletic or team uniform, the student is responsible for 
all costs associated with the modification of the uniform and 
the student shall not be required to receive prior approval 
from the board for such modification. However, nothing in this 
Section prohibits the community college from providing the 
modification to the student.
 (b) At a minimum, any modification of the athletic or team 
uniform must not interfere with the movement of the student or 
pose a safety hazard to the student or to other athletes or 
players. The modification of headgear is permitted if the 
headgear:
  (1) is black, white, the predominant predominate color 
 of the uniform, or the same color for all players on the 
 team;
  (2) does not cover any part of the face;
  (3) is not dangerous to the player or to the other 
 players;
  (4) has no opening or closing elements around the face 
 and neck; and
  (5) has no parts extruding from its surface.

(Source: P.A. 102-51, eff. 7-9-21; revised 11-5-21.)




 (110 ILCS 805/3-29.14a)


 Sec. 3-29.14a 3-29.14. Availability of menstrual hygiene 
products.
 (a) In this Section, "menstrual hygiene products" means 
tampons and sanitary napkins for use in connection with the 
menstrual cycle.
 (b) Each board shall make menstrual hygiene products 
available, at no cost to students, in the bathrooms of 
facilities or portions of facilities that (i) are owned or 
leased by the board or over which the board has care, custody, 
and control and (ii) are used for student instruction or 
administrative purposes. 

(Source: P.A. 102-250, eff. 8-5-21; revised 11-5-21.)




 (110 ILCS 805/3-29.16)


 Sec. 3-29.16 3-29.14. Adjunct professor; status of class.
 (a) At least 30 days before the beginning of a semester or 
term and again at 14 days before the beginning of the semester 
or term, a community college must notify an adjunct professor 
about the status of class enrollment of the class the adjunct 
professor was assigned to teach.
 (b) This Section does not apply if the Governor has 
declared a disaster due to a public health emergency or a 
natural disaster pursuant to Section 7 of the Illinois 
Emergency Management Agency Act.
 (c) Collective bargaining agreements that are in effect on 
January 1, 2022 (the effective date of Public Act 102-260) 
this amendatory Act of the 102nd General Assembly are exempt 
from the requirements of this Section.

(Source: P.A. 102-260, eff. 1-1-22; revised 11-5-21.)




 (110 ILCS 805/3-29.17)


 Sec. 3-29.17 3-29.14. Undocumented Student Liaison; 
Undocumented Student Resource Center.
 (a) Beginning with the 2022-2023 academic year, a board 
shall designate an employee as an Undocumented Student 
Resource Liaison to be available on campus to provide 
assistance to undocumented students and mixed status students 
within the United States in streamlining access to financial 
aid and academic support to successfully matriculate to degree 
completion. The Undocumented Student Liaison shall provide 
assistance to vocational students, undergraduate students,
and 
professional-track students. An employee who is designated as 
an Undocumented Student Liaison must be knowledgeable about 
current legislation and policy changes through professional 
development with the Illinois Dream Fund Commission to provide 
the wrap-around services to such students. The Illinois Dream 
Fund Commission shall conduct professional development under 
this Section. The Illinois Dream Fund Commission's task force 
on immigration issues and the Undocumented Student Liaison 
shall ensure that undocumented immigrants and students from 
mixed status households receive equitable and inclusive access 
to the community college district's retention and 
matriculation programs.
 The board shall ensure that an Undocumented Student 
Liaison is available at each campus of the community college 
district. The Undocumented Student Liaison must be placed in a 
location that provides direct access for students in 
collaboration with the retention and matriculation programs of 
the community college district. The Undocumented Student 
Liaison shall report directly to senior leadership and shall 
assist leadership with the review of policies and procedures 
that directly affect undocumented and mixed status students.
 An Undocumented Student Liaison may work on outreach 
efforts to provide access to resources and support within the 
grade P-20 education pipeline by supporting summer enrichment 
programs and pipeline options for students in any of grades 9 
through 12.
 (b) A board is encouraged to establish an Undocumented 
Student Resource Center on each campus of the community 
college district. An A Undocumented Student Resource Center 
may offer support services, including, but not limited to, 
State and private financial assistance, academic and career 
counseling, and retention and matriculation support services, 
as well as mental health counseling options because the 
changing immigration climate impacts a student's overall 
well-being and success.
 An Undocumented Student Resource Center may be housed

within an existing student service center or academic center, 
and the new construction of an Undocumented Student Resource 
Center is not required under this Section.
 The board may seek and accept any financial support 
through institutional advancement, private gifts, or donations 
to aid in the creation and operation of and the services 
provided by an Undocumented Student Resource Center. 

(Source: P.A. 102-475, eff. 8-20-21; revised 11-5-21.)




 (110 ILCS 805/3-29.18)


 Sec. 3-29.18 3-29.14. Students with disabilities.
 (a) Each community college district shall provide access 
to higher education for students with disabilities, including, 
but not limited to, students with intellectual or 
developmental disabilities. Each community college is 
encouraged to offer for-credit and non-credit courses as 
deemed appropriate for the individual student based on the 
student's abilities, interests, and postsecondary transition 
goals, with the appropriate individualized supplementary aids 
and accommodations, including general education courses, 
career and technical education, vocational training, 
continuing education certificates, individualized learning 
paths, and life skills courses for students with disabilities.
 (b) Each community college is strongly encouraged to have 
its disability services coordinator or the coordinator's 
representative participate either in person or remotely in 
meetings held by high schools within the community college 
district to provide information to the student's 
individualized education program team, including the student 
and the student's parent or guardian, about the community 
college and the availability of courses and programs at the 
community college. 

(Source: P.A. 102-516, eff. 8-20-21; revised 11-5-21.)




 (110 ILCS 805/3-29.19)


 Sec. 3-29.19 3-29.14. Personal support worker's attendance 
in class permitted. If a student of a community college 
district has a personal support worker through the Home-Based 
Support Services Program for Adults with Mental Disabilities 
under the
Developmental Disability and Mental Disability 
Services Act, the board must permit the personal support 
worker to attend class with the student but is not responsible 
for providing or paying for the personal support worker. If 
the personal support worker's attendance in class is solely to 
provide personal support services to the student, the board 
may not charge the personal support worker tuition and fees 
for such attendance.

(Source: P.A. 102-568, eff. 8-23-21; revised 11-5-21.)


 Section 385. The Higher Education Student Assistance Act 
is amended by changing Section 50 and by setting forth and 
renumbering multiple
versions of Section 65.110 as follows:

 (110 ILCS 947/50)


 Sec. 50. Minority Teachers of Illinois scholarship 
program.


 (a) As used in this Section:


  "Eligible applicant" means a minority student who has 
 graduated
from high school or has received a high school 
 equivalency certificate
and has
maintained a cumulative 
 grade point average of
no
less than 2.5 on a 4.0 scale, and 
 who by reason thereof is entitled to
apply for 
 scholarships to be awarded under this Section.


  "Minority student" means a student who is any of the 
 following:
   (1) American Indian or Alaska Native (a person 
 having origins in any of the original peoples of North 
 and South America, including Central America, and who 
 maintains tribal affiliation or community attachment).
   (2) Asian (a person having origins in any of the 
 original peoples of the Far East, Southeast Asia, or 
 the Indian subcontinent, including, but not limited 
 to, Cambodia, China, India, Japan, Korea, Malaysia, 
 Pakistan, the Philippine Islands, Thailand, and 
 Vietnam).
   (3) Black or African American (a person having 
 origins in any of the black racial groups of Africa).
   (4) Hispanic or Latino (a person of Cuban, 
 Mexican, Puerto Rican, South or Central American, or 
 other Spanish culture or origin, regardless of race).
   (5) Native Hawaiian or Other Pacific Islander (a 
 person having origins in any of the original peoples 
 of Hawaii, Guam, Samoa, or other Pacific Islands).


  "Qualified bilingual minority applicant" means a 
 qualified student who demonstrates proficiency in a 
 language other than English by (i) receiving a State Seal 
 of Biliteracy from the State Board of Education or (ii) 
 receiving a passing score on an educator licensure target 
 language proficiency test. 
  "Qualified student" means a person (i) who is a 
 resident of this State
and a citizen or permanent resident 
 of the United States; (ii) who is a
minority student, as 
 defined in this Section; (iii) who, as an eligible

 applicant, has made a timely application for a minority 
 teaching
scholarship under this Section; (iv) who is 
 enrolled on at least a
half-time basis at a
qualified 
 Illinois institution of
higher learning; (v) who is 
 enrolled in a course of study leading to
teacher 
 licensure, including alternative teacher licensure, or, if 
 the student is already licensed to teach, in a course of 
 study leading to an additional teaching endorsement or a 
 master's degree in an academic field in which he or she is 
 teaching or plans to teach or who has received one or more 
 College and Career Pathway Endorsements pursuant to 
 Section 80 of the Postsecondary and Workforce Readiness 
 Act and commits to enrolling in a course of study leading 
 to teacher licensure, including alternative teacher 
 licensure; (vi)
who maintains a grade point average of no

 less than 2.5 on a 4.0 scale;
and (vii) who continues to 
 advance satisfactorily toward the attainment
of a degree.


 (b) In order to encourage academically talented Illinois 
minority
students to pursue teaching careers at the preschool 
or elementary or
secondary
school
level and to address and 
alleviate the teacher shortage crisis in this State described 
under the provisions of the Transitions in Education Act, each 
qualified student shall be awarded a minority teacher

scholarship to any qualified Illinois institution of higher 
learning.
However, preference may be given to qualified 
applicants enrolled at or above
the
junior level.


 (c) Each minority teacher scholarship awarded under this 
Section shall
be in an amount sufficient to pay the tuition and 
fees and room and board
costs of the qualified Illinois 
institution of higher learning at which the
recipient is 
enrolled, up to an annual maximum of $5,000;
except that
in
the 
case of a recipient who does not reside on-campus at the 
institution at
which he or she is enrolled, the amount of the 
scholarship shall be
sufficient to pay tuition and fee 
expenses and a commuter allowance, up to
an annual maximum of 
$5,000.
However, if at least $2,850,000 is appropriated in a 
given fiscal year for the Minority Teachers of Illinois 
scholarship program, then, in each fiscal year thereafter, 
each scholarship awarded under this Section shall
be in an 
amount sufficient to pay the tuition and fees and room and 
board
costs of the qualified Illinois institution of higher 
learning at which the
recipient is enrolled, up to an annual 
maximum of $7,500;
except that
in
the case of a recipient who 
does not reside on-campus at the institution at
which he or she 
is enrolled, the amount of the scholarship shall be
sufficient 
to pay tuition and fee expenses and a commuter allowance, up to

an annual maximum of $7,500. 

 (d) The total amount of minority teacher scholarship 
assistance awarded by
the Commission under this Section to an 
individual in any given fiscal
year, when added to other 
financial assistance awarded to that individual
for that year, 
shall not exceed the cost of attendance at the institution
at 
which the student is enrolled. If the amount of minority 
teacher
scholarship to be awarded to a qualified student as 
provided in
subsection (c) of this Section exceeds the cost of 
attendance at the
institution at which the student is 
enrolled, the minority teacher
scholarship shall be reduced by 
an amount equal to the amount by which the
combined financial 
assistance available to the student exceeds the cost
of 
attendance.


 (e) The maximum number of academic terms for which a 
qualified
student
can receive minority teacher scholarship 
assistance shall be 8 semesters or
12 quarters.


 (f) In any academic year for which an eligible applicant 
under this
Section accepts financial assistance through the 
Paul Douglas Teacher
Scholarship Program, as authorized by 
Section 551 et seq. of the Higher
Education Act of 1965, the 
applicant shall not be eligible for scholarship
assistance 
awarded under this Section.


 (g) All applications for minority teacher scholarships to 
be awarded
under this Section shall be made to the Commission 
on forms which the
Commission shall provide for eligible 
applicants. The form of applications
and the information 
required to be set forth therein shall be determined by
the 
Commission, and the Commission shall require eligible 
applicants to
submit with their applications such supporting 
documents or recommendations
as the Commission deems 
necessary.


 (h) Subject to a separate appropriation for such purposes, 
payment of
any minority teacher scholarship awarded under this 
Section shall be
determined by the Commission. All scholarship 
funds distributed in
accordance with this subsection shall be 
paid to the institution and used
only for payment of the 
tuition and fee and room and board expenses
incurred by the 
student in connection with his or her attendance at a 
qualified Illinois institution of higher
learning. Any 
minority teacher scholarship awarded under this Section
shall 
be applicable to 2 semesters or 3 quarters of enrollment. If a

qualified student withdraws from enrollment prior to 
completion of the
first semester or quarter for which the 
minority teacher scholarship is
applicable, the school shall 
refund to the Commission the full amount of the
minority 
teacher scholarship.


 (i) The Commission shall administer the minority teacher 
scholarship aid
program established by this Section and shall 
make all necessary and proper
rules not inconsistent with this 
Section for its effective implementation.


 (j) When an appropriation to the Commission for a given 
fiscal year is
insufficient to provide scholarships to all 
qualified students, the
Commission shall allocate the 
appropriation in accordance with this
subsection. If funds are 
insufficient to provide all qualified students
with a 
scholarship as authorized by this Section, the Commission 
shall
allocate the available scholarship funds for that fiscal 
year to qualified students who submit a complete application 
form on or before a date specified by the Commission based on 
the following order of priority:
  (1) To students who received a scholarship under this 
 Section in the prior academic year and who remain eligible 
 for a minority teacher scholarship under this Section.
  (2) Except as otherwise provided in subsection (k), to 
 students who demonstrate financial need, as determined by 
 the Commission.


 (k) Notwithstanding paragraph (2) of subsection (j), at 
least 35% of the funds appropriated for
scholarships awarded 
under this Section in each fiscal year shall be reserved
for 
qualified male minority applicants, with priority being given 
to qualified Black male applicants beginning with fiscal year 
2023.
If the Commission does not receive enough applications 
from qualified male
minorities on or before
January 1 of each 
fiscal year to award 35% of the funds appropriated for these

scholarships to qualified
male minority applicants, then the 
Commission may award a portion of the
reserved funds to 
qualified
female minority applicants in accordance with 
subsection (j).

 Beginning with fiscal year 2023, if at least $2,850,000 
but less than $4,200,000 is appropriated in a given fiscal 
year for scholarships awarded under this Section, then at 
least 10% of the funds appropriated shall be reserved for 
qualified bilingual minority applicants, with priority being 
given to qualified bilingual minority applicants who are 
enrolled in an educator preparation program with a 
concentration in bilingual, bicultural education. Beginning 
with fiscal year 2023, if at least $4,200,000 is appropriated 
in a given fiscal year for the Minority Teachers of Illinois 
scholarship program, then at least 30% of the funds 
appropriated shall be reserved for qualified bilingual 
minority applicants, with priority being given to qualified 
bilingual minority applicants who are enrolled in an educator 
preparation program with a concentration in bilingual, 
bicultural education. Beginning with fiscal year 2023, if at 
least $2,850,000 is appropriated in a given fiscal year for 
scholarships awarded under this Section but the Commission 
does not receive enough applications from qualified bilingual 
minority applicants on or before January 1 of that fiscal year 
to award at least 10% of the funds appropriated to qualified 
bilingual minority applicants, then the Commission may, in its 
discretion, award a portion of the reserved funds to other 
qualified students in accordance with subsection (j). 

 (l) Prior to receiving scholarship assistance for any 
academic year,
each recipient of a minority teacher 
scholarship awarded under this Section
shall be required by 
the Commission to sign an agreement under which the
recipient 
pledges that, within the one-year period following the

termination
of the program for which the recipient was awarded 
a minority
teacher scholarship, the recipient (i) shall begin 
teaching for a
period of not less
than one year for each year 
of scholarship assistance he or she was awarded
under this 
Section; (ii) shall fulfill this teaching obligation at a

nonprofit Illinois public, private, or parochial preschool, 
elementary school,
or secondary school at which no less than 
30% of the enrolled students are
minority students in the year 
during which the recipient begins teaching at the
school or 
may instead, if the recipient received a scholarship as a 
qualified bilingual minority applicant, fulfill this teaching 
obligation in a program in transitional bilingual education 
pursuant to Article 14C of the School Code or in a school in 
which 20 or more English learner students in the same language 
classification are enrolled; and (iii) shall, upon request by 
the Commission, provide the Commission
with evidence that he 
or she is fulfilling or has fulfilled the terms of the
teaching 
agreement provided for in this subsection.


 (m) If a recipient of a minority teacher scholarship 
awarded under this
Section fails to fulfill the teaching 
obligation set forth in subsection
(l) of this Section, the 
Commission shall require the recipient to repay
the amount of 
the scholarships received, prorated according to the fraction

of the teaching obligation not completed, at a rate of 
interest equal to
5%, and, if applicable, reasonable 
collection fees.
The Commission is authorized to establish 
rules relating to its collection
activities for repayment of 
scholarships under this Section. All repayments
collected 
under this Section shall be forwarded to the State Comptroller 
for
deposit into the State's General Revenue Fund.


 (n) A recipient of minority teacher scholarship shall not 
be considered
in violation of the agreement entered into 
pursuant to subsection (l) if
the recipient (i) enrolls on a 
full time basis as a graduate student in a
course of study 
related to the field of teaching at a qualified Illinois

institution of higher learning; (ii) is serving, not in excess 
of 3 years,
as a member of the armed services of the United 
States; (iii) is
a person with a temporary total disability 
for a period of time not to exceed 3 years as
established by 
sworn affidavit of a qualified physician; (iv) is seeking
and 
unable to find full time employment as a teacher at an Illinois 
public,
private, or parochial preschool or elementary or 
secondary school that
satisfies the
criteria set forth in 
subsection (l) of this Section and is able to provide
evidence 
of that fact; (v) becomes a person with a permanent total 
disability as
established by sworn affidavit of a qualified 
physician; (vi) is taking additional courses, on at least a 
half-time basis, needed to obtain licensure as a teacher in 
Illinois; or (vii) is fulfilling teaching requirements 
associated with other programs administered by the Commission 
and cannot concurrently fulfill them under this Section in a 
period of time equal to the length of the teaching obligation.


 (o) Scholarship recipients under this Section who withdraw 
from
a program of teacher education but remain enrolled in 
school
to continue their postsecondary studies in another 
academic discipline shall
not be required to commence 
repayment of their Minority Teachers of Illinois
scholarship 
so long as they remain enrolled in school on a full-time basis 
or
if they can document for the Commission special 
circumstances that warrant
extension of repayment.


 (p) If the Minority Teachers of Illinois scholarship 
program does not expend at least 90% of the amount 
appropriated for the program in a given fiscal year for 3 
consecutive fiscal years and the Commission does not receive 
enough applications from the groups identified in subsection 
(k) on or before January 1 in each of those fiscal years to 
meet the percentage reserved for those groups under subsection 
(k), then up to 3% of amount appropriated for the program for 
each of next 3 fiscal years shall be allocated to increasing 
awareness of the program and for the recruitment of Black male 
applicants. The Commission shall make a recommendation to the 
General Assembly by January 1 of the year immediately 
following the end of that third fiscal year regarding whether 
the amount allocated to increasing awareness and recruitment 
should continue.
 (q) Each qualified Illinois institution of higher learning 
that receives funds from the Minority Teachers of Illinois 
scholarship program shall host an annual information session 
at the institution about the program for teacher candidates of 
color in accordance with rules adopted by the Commission. 
Additionally, the institution shall ensure that each 
scholarship recipient enrolled at the institution meets with 
an academic advisor at least once per academic year to 
facilitate on-time completion of the recipient's educator 
preparation program. 
 (r) The changes made to this Section by Public Act 101-654 
this amendatory Act of the 101st General Assembly will first 
take effect with awards made for the 2022-2023 academic year. 
(Source: P.A. 101-654, eff. 3-8-21; 102-465, eff. 1-1-22; 
revised 9-28-21.)


 (110 ILCS 947/65.110)
 Sec. 65.110. Post-Master of Social Work School Social Work 
Professional Educator License scholarship.
 (a) Subject to appropriation, beginning with awards for 
the 2022-2023 academic year, the Commission shall award 
annually up to 250 Post-Master of Social Work School Social 
Work Professional Educator License scholarships to a person 
who:
  (1) holds a valid Illinois-licensed clinical social 
 work license or social work license;
  (2) has obtained a master's degree in social work from 
 an approved program;
  (3) is a United States citizen or eligible noncitizen; 
 and
  (4) submits an application to the Commission for such 
 scholarship and agrees to take courses to obtain an 
 Illinois Professional Educator License with an endorsement 
 in School Social Work.
 (b) If an appropriation for this Section for a given 
fiscal year is insufficient to provide scholarships to all 
qualified applicants, the Commission shall allocate the 
appropriation in accordance with this subsection (b). If funds 
are insufficient to provide all qualified applicants with a 
scholarship as authorized by this Section, the Commission 
shall allocate the available scholarship funds for that fiscal 
year to qualified applicants who submit a complete application 
on or before a date specified by the Commission, based on the 
following order of priority:
  (1) firstly, to students who received a scholarship 
 under this Section in the prior academic year and who 
 remain eligible for a scholarship under this Section;
  (2) secondly, to new, qualified applicants who are 
 members of a racial minority, as defined in subsection 
 (c); and
  (3) finally, to other new, qualified applicants in 
 accordance with this Section. 
 (c) Scholarships awarded under this Section shall be 
issued pursuant to rules adopted by the Commission. In 
awarding scholarships, the Commission shall give priority to 
those applicants who are members of a racial minority. Racial 
minorities are underrepresented as school social workers in 
elementary and secondary schools in this State, and the 
General Assembly finds that it is in the interest of this State 
to provide them with priority consideration for programs that 
encourage their participation in this field and thereby foster 
a profession that is more reflective of the diversity of 
Illinois students and the parents they will serve. A more 
reflective workforce in school social work allows improved 
outcomes for students and a better utilization of services. 
Therefore, the Commission shall give priority to those 
applicants who are members of a racial minority. In this 
subsection (c), "racial minority" means a person who is a 
citizen of the United States or a lawful permanent resident 
alien of the United States and who is:
  (1) Black (a person having origins in any of the black 
 racial groups in Africa);
  (2) Hispanic (a person of Spanish or Portuguese 
 culture with origins in Mexico, South or Central America, 
 or the Caribbean Islands, regardless of race);
  (3) Asian American (a person having origins in any of 
 the original peoples of the Far East, Southeast Asia, the 
 Indian Subcontinent, or the Pacific Islands); or
  (4) American Indian or Alaskan Native (a person having 
 origins in any of the original peoples of North America). 
 (d) Each scholarship shall be applied to the payment of 
tuition and mandatory fees at the University of Illinois, 
Southern Illinois University, Chicago State University, 
Eastern Illinois University, Governors State University, 
Illinois State University, Northeastern Illinois University, 
Northern Illinois University, and Western Illinois University. 
Each scholarship may be applied to pay tuition and mandatory 
fees required to obtain an Illinois Professional Educator 
License with an endorsement in School Social Work.
 (e) The Commission shall make tuition and fee payments 
directly to the qualified institution of higher learning that 
the applicant attends.
 (f) Any person who has accepted a scholarship under this 
Section must, within one year after graduation or termination 
of enrollment in a Post-Master of Social Work Professional 
Education License with an endorsement in School Social Work 
program, begin working as a school social worker at a public or 
nonpublic not-for-profit preschool, elementary school, or 
secondary school located in this State for at least 2 of the 5 
years immediately following that graduation or termination, 
excluding, however, from the computation of that 5-year 
period: (i) any time up to 3 years spent in the military 
service, whether such service occurs before or after the 
person graduates; (ii) the time that person is a person with a 
temporary total disability for a period of time not to exceed 3 
years, as established by the sworn affidavit of a qualified 
physician; and (iii) the time that person is seeking and 
unable to find full-time employment as a school social worker 
at a State public or nonpublic not-for-profit preschool, 
elementary school, or secondary school.
 (g) If a recipient of a scholarship under this Section 
fails to fulfill the work obligation set forth in subsection 
(f), the Commission shall require the recipient to repay the 
amount of the scholarships received, prorated according to the 
fraction of the obligation not completed, at a rate of 
interest equal to 5%, and, if applicable, reasonable 
collection fees. The Commission is authorized to establish 
rules relating to its collection activities for repayment of 
scholarships under this Section. All repayments collected 
under this Section shall be forwarded to the State Comptroller 
for deposit into this State's General Revenue Fund.
 A recipient of a scholarship under this Section is not 
considered to be in violation of the failure to fulfill the 
work obligation under subsection (f) if the recipient (i) 
enrolls on a full-time basis as a graduate student in a course 
of study related to the field of social work at a qualified 
Illinois institution of higher learning; (ii) is serving, not 
in excess of 3 years, as a member of the armed services of the 
United States; (iii) is a person with a temporary total 
disability for a period of time not to exceed 3 years, as 
established by the sworn affidavit of a qualified physician; 
(iv) is seeking and unable to find full-time employment as a 
school social worker at an Illinois public or nonpublic 
not-for-profit preschool, elementary school, or secondary 
school that satisfies the criteria set forth in subsection (f) 
and is able to provide evidence of that fact; or (v) becomes a 
person with a permanent total disability, as established by 
the sworn affidavit of a qualified physician.

(Source: P.A. 102-621, eff. 1-1-22.)



 (110 ILCS 947/65.115)


 (This Section may contain text from a Public Act with a 
delayed effective date)
 Sec. 65.115 65.110. School Social Work Shortage Loan 
Repayment Program.
 (a) To encourage Illinois students to work, and to 
continue to work, as a school social worker in public school 
districts in this State, the Commission shall, each year, 
receive and consider applications for loan repayment 
assistance under this Section. This program shall be known as 
the School Social Work Shortage Loan Repayment Program. The 
Commission shall administer the program and shall adopt all 
necessary and proper rules to effectively implement the 
program.
 (b) Beginning July 1, 2022, subject to a separate 
appropriation made for such purposes, the Commission shall 
award a grant, up to a maximum of $6,500, to each qualified 
applicant. The Commission may encourage the recipient of a 
grant under this Section to use the grant award for repayment 
of the recipient's educational loan. If an appropriation for 
this program for a given fiscal year is insufficient to 
provide grants to all qualified applicants, the Commission 
shall allocate the appropriation in accordance with this 
subsection. If funds are insufficient to provide all qualified 
applicants with a grant as authorized by this Section, the 
Commission shall allocate the available grant funds for that 
fiscal year to qualified applicants who submit a complete 
application on or before a date specified by the Commission, 
based on the following order of priority:
  (1) first, to new, qualified applicants who are 
 members of a racial minority as defined in subsection (e); 
 and
  (2) second, to other new, qualified applicants in 
 accordance with this Section. 
 (c) A person is a qualified applicant under this Section 
if he or she meets all of the following qualifications:
  (1) The person is a United States citizen or eligible 
 noncitizen.
  (2) The person is a resident of this State.
  (3) The person is a borrower with an outstanding 
 balance due on an educational loan related to obtaining a 
 degree in social work.
  (4) The person has been employed as a school social 
 worker by a public elementary school or secondary school 
 in this State for at least 12 consecutive months.
  (5) The person is currently employed as a school 
 social worker by a public elementary school or secondary 
 school in this State.
 (d) An applicant shall submit an application, in a form 
determined by the Commission, for grant assistance under this 
Section to the Commission. An applicant is required to submit, 
with the application, supporting documentation as the 
Commission may deem necessary.
 (e) Racial minorities are underrepresented as school 
social workers in elementary and secondary schools in 
Illinois, and the General Assembly finds that it is in the 
interest of this State to provide them priority consideration 
for programs that encourage their participation in this field 
and thereby foster a profession that is more reflective of the 
diversity of Illinois students and parents they will serve. A 
more reflective workforce in school social work allows 
improved outcomes for students and a better utilization of 
services. Therefore, the Commission shall give priority to 
those applicants who are members of a racial minority. In this 
subsection (e), "racial minority" means a person who is a 
citizen of the United States or a lawful permanent resident 
alien of the United States and who is: 
  (1) Black (a person having origins in any of the black

 racial groups in Africa); 
  (2) Hispanic (a person of Spanish or Portuguese

 culture with origins in Mexico, South or Central America,

 or the Caribbean Islands, regardless of race);
  (3) Asian American (a person having origins in any of

 the original peoples of the Far East, Southeast Asia, the

 Indian Subcontinent, or the Pacific Islands); or
  (4) American Indian or Alaskan Native (a person having

 origins in any of the original peoples of North America). 

(Source: P.A. 102-622, eff. 7-1-22; revised 11-10-21.)


 Section 390. The Know Before You Owe Private Education 
Loan Act is amended by changing Section 15 as follows:

 (110 ILCS 983/15)

 Sec. 15. Provision of information. 
 (a) Provision of loan statement to borrowers.
  (1) Loan statement. A private educational lender that 
 disburses any funds with respect to a private education 
 loan described in this Section shall send loan statements, 
 to the borrowers of those funds not less than once every 3 
 months during the time that the borrower is enrolled at an 
 institution of higher education.
  (2) Contents of statements for income share 
 agreements. Each statement described in
subparagraph (1) 
 with respect to income share agreements, shall:
   (A) report the consumer's total amounts financed 
 under each income share
agreement;
   (B) report the percentage of income payable under 
 each income share agreement;
   (C) report the maximum number of monthly payments 
 required to be paid under
each income share agreement;
   (D) report the maximum amount payable under each 
 income share agreement;
   (E) report the maximum duration of each income 
 share agreement;
   (F) report the minimum annual income above which 
 payments are required under
each income share 
 agreement; and
   (G) report the annual percentage rate for each 
 income share agreement at the
minimum annual income 
 above which payments are required and at $10,000 
 income
increments thereafter up to the annual income 
 where the maximum number of monthly
payments results 
 in the maximum amount payable.
  (3) Contents of all other loan statements. Each 
 statement described in subparagraph (1) that does not fall 
 under subparagraph (2) shall:
   (A) report the borrower's total remaining debt to 
 the private educational lender, including accrued but 
 unpaid interest and capitalized interest;
   (B) report any debt increases since the last 
 statement; and
   (C) list the current annual percentage rate for 
 each loan.
 (b) Certification of exhaustion of federal student loan 
funds to private educational lender. Upon the request of a 
private educational lender, acting in connection with an 
application initiated by a borrower for a private education 
loan in accordance with Section 5, the institution of higher 
education shall within 15 days of receipt of the request 
provide certification to such private educational lender:
  (1) that the borrower who initiated the application 
 for the private education loan, or on whose behalf the 
 application was initiated, is enrolled or is scheduled to 
 enroll at the institution of higher education;
  (2) of the borrower's cost of attendance at the 
 institution of higher education as determined under 
 paragraph (2) of subsection (a) of this Section;
  (3) of the difference between:
   (A) the cost of attendance at the institution of 
 higher education; and
   (B) the borrower's estimated financial assistance 
 received under the federal Higher Education Act of 
 1965 and other assistance known to the institution of 
 higher education, as applicable;
  (4) that the institution of higher education has 
 received the request for certification and will need 
 additional time to comply with the certification request; 
 and
  (5) if applicable, that the institution of higher 
 education is refusing to certify the private education 
 loan.
 (c) Certification of exhaustion of federal student loan 
funds to borrower. With respect to a certification request 
described under subsection (b), and prior to providing such 
certification in paragraph (1) of subsection (b) or providing 
notice of the refusal to provide certification under paragraph 
(5) of subsection (b), the institution of higher education 
shall:
  (1) determine whether the borrower who initiated the 
 application for the private education loan, or on whose 
 behalf the application was initiated, has applied for and 
 exhausted the federal financial assistance available to 
 such borrower under the federal Higher Education Act of 
 1965 and inform the borrower accordingly;
  (2) provide the borrower whose loan application has 
 prompted the certification request by a private 
 educational lender, as described in paragraph (1) of 
 subsection (b), with the following information and 
 disclosures:
   (A) the amount of additional federal student 
 assistance for which the borrower is eligible and the 
 advantages of federal loans under the federal Higher 
 Education Act of 1965, including disclosure of income 
 driven repayment options, fixed interest rates, 
 deferments, flexible repayment options, loan 
 forgiveness programs, additional protections, and the 
 higher student loan limits for dependent borrowers 
 whose parents are not eligible for a Federal Direct 
 PLUS Loan;
   (B) the borrower's ability to select a private 
 educational lender of the borrower's choice;
   (C) the impact of a proposed private education 
 loan on the borrower's potential eligibility for other 
 financial assistance, including federal financial 
 assistance under the federal Higher Education Act; and
   (D) the borrower's right to accept or reject a 
 private education loan within the 30-day period 
 following a private educational lender's approval of a 
 borrower's application and the borrower's 3-day right 
 to cancel period; and
  (3) Any institution of higher education that is also 
 acting as a private educational lender shall provide the 
 certification of exhaustion of federal student loan funds 
 described in paragraphs (1) and (2) of this subsection (c) 
 to the borrower prior to disbursing funds to the borrower. 
 Any institution of higher education that is not eligible 
 for funding under Title IV of the federal Higher
Education 
 Act of 1965 is not required to provide this certification 
 to the borrower.

(Source: P.A. 102-583, eff. 8-26-21; revised 11-29-21.)

 Section 395. The Illinois Educational Labor Relations Act 
is amended by changing Section 14 as follows:




 (115 ILCS 5/14) (from Ch. 48, par. 1714)



 Sec. 14. Unfair labor practices. 

 (a) Educational employers, their agents
or representatives 
are prohibited from:

  (1) Interfering, restraining or coercing employees in 
 the exercise of
the rights guaranteed under this Act.

  (2) Dominating or interfering with the formation, 
 existence or
administration of any employee organization.

  (3) Discriminating in regard to hire or tenure of 
 employment or any term
or condition of employment to 
 encourage or discourage membership in any
employee 
 organization.

  (4) Discharging or otherwise discriminating against an 
 employee because
he or she has signed or filed an 
 affidavit, authorization card, petition or
complaint or 
 given any information or testimony under this Act.

  (5) Refusing to bargain collectively in good faith 
 with an employee
representative which is the exclusive 
 representative of employees in an
appropriate unit, 
 including, but not limited to, the discussing of 
 grievances
with the exclusive representative; provided, 
 however, that if an alleged
unfair labor practice involves 
 interpretation or application of the terms
of a collective 
 bargaining agreement and said agreement contains a

 grievance and arbitration procedure, the Board may defer 
 the resolution of
such dispute to the grievance and 
 arbitration procedure contained in said
agreement.

  (6) Refusing to reduce a collective bargaining 
 agreement to writing and
signing such agreement.

  (7) Violating any of the rules and regulations 
 promulgated by the Board
regulating the conduct of 
 representation elections.

  (8) Refusing to comply with the provisions of a 
 binding arbitration award.

  (9) Expending or causing the expenditure of public 
 funds to any
external agent, individual, firm, agency, 
 partnership or association in any
attempt to influence the 
 outcome of representational elections held
pursuant to 
 paragraph (c) of Section 7 of this Act; provided, that 
 nothing
in this subsection shall be construed to limit an 
 employer's right to be
represented on any matter 
 pertaining to unit determinations, unfair labor
practice 
 charges or pre-election conferences in any formal or 
 informal
proceeding before the Board, or to seek or obtain 
 advice from legal counsel.
Nothing in this paragraph shall 
 be construed to prohibit an employer from
expending or 
 causing the expenditure of public funds on, or seeking or

 obtaining services or advice from, any organization, group 
 or association
established by, and including educational 
 or public employers, whether or
not covered by this Act, 
 the Illinois Public Labor Relations Act or the
public 
 employment labor relations law of any other state or the 
 federal
government, provided that such services or advice 
 are generally available
to the membership of the 
 organization, group, or association, and are not
offered 
 solely in an attempt to influence the outcome of a 
 particular
representational election.

  (10) Interfering with, restraining, coercing, 
 deterring or discouraging educational employees or 
 applicants to be educational employees from: (1) becoming 
 members of an employee organization; (2) authorizing 
 representation by an employee organization; or (3) 
 authorizing dues or fee deductions to an employee 
 organization, nor shall the employer intentionally permit 
 outside third parties to use its email or other 
 communications systems to engage in that conduct. An 
 employer's good faith implementation of a policy to block 
 the use of its email or other communication systems for 
 such purposes shall be a defense to an unfair labor 
 practice. 
  (11) Disclosing to any person or entity information 
 set forth in subsection (d) of Section 3 of this Act that 
 the employer knows or should know will be used to 
 interfere with, restrain, coerce, deter, or discourage any 
 public employee from: (i) becoming or remaining members of 
 a labor organization, (ii) authorizing representation by a 
 labor organization, or (iii) authorizing dues or fee 
 deductions to a labor organization. 
  (12) Promising, threatening, or taking any action (i) 
 to permanently replace an employee who participates in a 
 lawful strike under Section 13 of this Act, (ii) to 
 discriminate against an employee who is working or has 
 unconditionally offered to return to work for the employer 
 because the employee supported or participated in such as 
 a lawful strike, or
(iii) to lock out lockout, suspend, or 
 otherwise withhold from employment employees in order to 
 influence the position of such employees or the 
 representative of such employees in collective bargaining 
 prior to a lawful strike. 
 (b) Employee organizations, their agents or 
representatives or educational
employees are prohibited from:

  (1) Restraining or coercing employees in the exercise 
 of the rights
guaranteed under this Act, provided that a 
 labor organization or its
agents shall commit an unfair 
 labor practice under this paragraph in duty
of fair 
 representation cases only by intentional misconduct in 
 representing
employees under this Act.

  (2) Restraining or coercing an educational employer in 
 the selection of
his representative for the purposes of 
 collective bargaining or the adjustment
of grievances.

  (3) Refusing to bargain collectively in good faith 
 with an educational
employer, if they have been designated 
 in accordance with the provisions
of this Act as the 
 exclusive representative of employees in an appropriate

 unit.

  (4) Violating any of the rules and regulations 
 promulgated by the Board
regulating the conduct of 
 representation elections.

  (5) Refusing to reduce a collective bargaining 
 agreement to writing and
signing such agreement.

  (6) Refusing to comply with the provisions of a 
 binding arbitration award.

 (c) The expressing of any views, argument, opinion or the

dissemination thereof, whether in written, printed, graphic or 
visual form,
shall not constitute or be evidence of an unfair 
labor practice under any
of the provisions of this Act, if such 
expression contains no threat of
reprisal or force or promise 
of benefit.

 (c-5) The employer shall not discourage public employees 
or applicants to be public employees from becoming or 
remaining union members or authorizing dues deductions, and 
shall not otherwise interfere with the relationship between 
employees and their exclusive bargaining representative. The 
employer shall refer all inquiries about union membership to 
the exclusive bargaining representative, except that the 
employer may communicate with employees regarding payroll 
processes and procedures. The employer will establish email 
policies in an effort to prohibit the use of its email system 
by outside sources.
 (d) The actions of a Financial Oversight Panel created 
pursuant to Section
1A-8
of the School Code due to a district 
violating a financial plan shall not
constitute or be evidence 
of an unfair labor practice under any of the
provisions of this 
Act. Such actions include, but are not limited to,
reviewing, 
approving, or rejecting a school district budget or a 
collective
bargaining agreement.

(Source: P.A. 101-620, eff. 12-20-19; 102-588, eff. 8-20-21; 
102-596, eff. 8-27-21; revised 11-29-21.)


 Section 400. The Illinois Credit Union Act is amended by 
changing Section 19 as follows:




 (205 ILCS 305/19) (from Ch. 17, par. 4420)



 Sec. 19. Meeting of members. 

 (1)(a) The annual meeting shall be held each
year during 
the months of January, February or March or such other month
as 
may be approved by the Department. The meeting shall be held at 
the
time, place and in the manner set forth in the bylaws. Any 
special
meetings of the members of the credit union shall be 
held at the time, place
and in the manner set forth in the 
bylaws. Unless otherwise set forth in
this Act, quorum 
requirements for meetings of members shall be established
by a 
credit union in its bylaws. Notice of all meetings must be 
given by
the secretary of the credit union at least 7 days 
before the date of such
meeting, either by handing a written or 
printed notice to each
member of the credit union, by mailing 
the notice to the member at his address
as listed on the books 
and records of the credit union, by posting a
notice of the 
meeting in three conspicuous places, including the office
of 
the credit union, by posting the notice of the meeting on the 
credit union's website, or by disclosing the notice of the 
meeting in membership newsletters or account statements.

 (b) Unless expressly prohibited by the articles of 
incorporation or bylaws and subject to applicable requirements 
of this Act, the board of directors may provide by resolution 
that members may attend, participate in, act in, and vote at 
any annual meeting or special meeting through the use of a 
conference telephone or interactive technology, including, but 
not limited to, electronic transmission, internet usage, or 
remote communication, by means of which all persons 
participating in the meeting can communicate with each other. 
Participation through the use of a conference telephone or 
interactive technology shall constitute attendance, presence, 
and representation in person at the annual meeting or special 
meeting of the person or persons so participating and count 
towards the quorum required to conduct business at the 
meeting. The following conditions shall apply to any virtual 
meeting of the members:
  (i) the credit union must internally possess or retain 
 the technological capacity to facilitate virtual meeting 
 attendance, participation, communication, and voting; and
  (ii) the members must receive notice of the use of a 
 virtual meeting format and appropriate instructions for 
 joining, participating, and voting during the virtual 
 meeting at least 7 days before the virtual meeting. 
 (2) On all questions and at all elections, except election 
of directors,
each member has one vote regardless of the 
number of his shares. There
shall be no voting by proxy except 
on the election of directors, proposals
for merger or 
voluntary dissolution. Members may vote on questions, 
including, without limitation, the approval of mergers and 
voluntary dissolutions under this Act, and in elections by 
secure electronic record if approved by the board of 
directors. All voting on the election of directors
shall be by 
ballot, but when there is no contest, written or electronic 
ballots need not
be cast. The record date to be used for the 
purpose of determining which
members are entitled to notice of 
or to vote at any meeting of members,
may be fixed in advance 
by the directors on a date not more than 90 days
nor less than 
10 days prior to the date of the meeting. If no record date
is 
fixed by the directors, the first day on which notice of the 
meeting
is given, mailed or posted is the record date.

 (3) Regardless of the number of shares owned by a society, 
association,
club, partnership, other credit union or 
corporation, having membership
in the credit union, it shall 
be entitled to only
one vote and it may be represented and have 
its vote cast by its
designated agent acting on its
behalf 
pursuant
to a resolution
adopted by the organization's board 
of directors or similar governing
authority;
provided that the 
credit union shall obtain a certified copy of such resolution

before such vote may be cast.
 (4) A member may revoke a proxy by delivery to the credit 
union of a written statement to that effect, by execution of a 
subsequently dated proxy, by execution of a secure electronic 
record, or by attendance at a meeting and voting in person. 

 (5) As used in this Section, "electronic" and "electronic 
record" have the meanings ascribed to those terms in the 
Uniform Electronic Transactions Act. As used in this Section, 
"secured electronic record" means an electronic record that 
meets the criteria set forth in the Uniform Electronic 
Transactions Act. 
(Source: P.A. 102-38, eff. 6-25-21; 102-496, eff. 8-20-21; 
revised 10-15-21.)


 Section 405. The Ambulatory Surgical Treatment Center Act 
is amended by changing Section 6.9 as follows:

 (210 ILCS 5/6.9)
 Sec. 6.9. Surgical smoke plume evacuation.
 (a) In this Section:
 "Surgical smoke plume" means the by-product of the use of 
energy-based devices on tissue during surgery and containing 
hazardous materials, including, but not limited to, 
bioaerosols bio-aeorsols, smoke, gases, tissue and cellular 
fragments and particulates, and viruses.
 "Surgical smoke plume evacuation system" means a dedicated 
device that is designed to capture, transport, filter, and 
neutralize surgical smoke plume at the site of origin and 
before surgical smoke plume can make ocular contact, or 
contact with the respiratory tract, of an employee.
 (b) To protect patients and health care workers from the 
hazards of surgical smoke plume, an ambulatory surgical 
treatment center licensed under this Act shall adopt policies 
to ensure the elimination of surgical smoke plume by use of a 
surgical smoke plume evacuation system for each procedure that 
generates surgical smoke plume from the use of energy-based 
devices, including, but not limited to, electrosurgery and 
lasers.
 (c) An ambulatory surgical treatment center licensed under 
this Act shall report to the Department within 90 days after 
the effective date of this amendatory Act of the 102nd General 
Assembly that policies under subsection (b) of this Section 
have been adopted. 

(Source: P.A. 102-533, eff. 1-1-22; revised 11-22-21.)

 Section 410. The Emergency Medical Services (EMS) Systems 
Act is amended by changing Section 3.10 as follows:



 (210 ILCS 50/3.10)



 Sec. 3.10. Scope of services.

 (a) "Advanced Life Support (ALS) Services" means
an 
advanced level of pre-hospital and inter-hospital emergency

care and non-emergency medical services that includes basic 
life
support care, cardiac monitoring, cardiac defibrillation,

electrocardiography, intravenous therapy, administration of

medications, drugs and solutions, use of adjunctive medical

devices, trauma care, and other authorized techniques and

procedures, as outlined in the provisions of the National EMS 
Education Standards relating to Advanced Life Support and any 
modifications to that curriculum
specified in rules adopted by 
the Department pursuant to
this Act.

 That care shall be initiated as authorized by the EMS

Medical Director in a Department approved advanced life

support EMS System, under the written or verbal direction of
a 
physician licensed to practice medicine in all of its
branches 
or under the verbal direction of an Emergency
Communications 
Registered Nurse.

 (b) "Intermediate Life Support (ILS) Services"
means an 
intermediate level of pre-hospital and inter-hospital

emergency care and non-emergency medical services that 
includes
basic life support care plus intravenous cannulation 
and
fluid therapy, invasive airway management, trauma care, 
and
other authorized techniques and procedures, as outlined in

the Intermediate Life Support national curriculum of the

United States Department of Transportation and any

modifications to that curriculum specified in rules adopted
by 
the Department pursuant to this Act.

 That care shall be initiated as authorized by the EMS

Medical Director in a Department approved intermediate or

advanced life support EMS System, under the written or
verbal 
direction of a physician licensed to practice
medicine in all 
of its branches or under the verbal
direction of an Emergency 
Communications Registered Nurse.

 (c) "Basic Life Support (BLS) Services" means a
basic 
level of pre-hospital and inter-hospital emergency care and

non-emergency medical services that includes medical 
monitoring, clinical observation, airway management,

cardiopulmonary resuscitation (CPR), control of shock and

bleeding and splinting of fractures, as outlined in the 
provisions of the National EMS Education Standards relating to 
Basic Life Support and any modifications to that
curriculum 
specified in rules adopted by the Department
pursuant to this 
Act.

 That care shall be initiated, where authorized by the
EMS 
Medical Director in a Department approved EMS System,
under 
the written or verbal direction of a physician
licensed to 
practice medicine in all of its branches or
under the verbal 
direction of an Emergency Communications
Registered Nurse.

 (d) "Emergency Medical Responder Services" means a 
preliminary
level of pre-hospital emergency care that includes

cardiopulmonary resuscitation (CPR), monitoring vital signs

and control of bleeding, as outlined in the Emergency Medical 
Responder (EMR) curriculum of the National EMS Education 
Standards
and any modifications to that curriculum specified 
in rules
adopted by the Department pursuant to this Act.

 (e) "Pre-hospital care" means those
medical services 
rendered to patients for analytic,
resuscitative, stabilizing, 
or preventive purposes,
precedent to and during transportation 
of such patients to
health care facilities.

 (f) "Inter-hospital care" means those
medical services 
rendered to patients for
analytic, resuscitative, stabilizing, 
or preventive
purposes, during transportation of such patients 
from one
hospital to another hospital.

 (f-5) "Critical care transport" means the pre-hospital or 
inter-hospital transportation of a critically injured or ill 
patient by a vehicle service provider, including the provision 
of medically necessary supplies and services, at a level of 
service beyond the scope of the Paramedic. When medically 
indicated for a patient, as determined by a physician licensed 
to practice medicine in all of its branches, an advanced 
practice registered nurse, or a physician physician's 
assistant, in compliance with subsections (b) and (c) of 
Section 3.155 of this Act, critical care transport may be 
provided by:
  (1) Department-approved critical care transport 
 providers, not owned or operated by a hospital, utilizing 
 Paramedics with additional training, nurses, or other 
 qualified health professionals; or
  (2) Hospitals, when utilizing any vehicle service 
 provider or any hospital-owned or operated vehicle service 
 provider. Nothing in Public Act 96-1469 requires a 
 hospital to use, or to be, a Department-approved critical 
 care transport provider when transporting patients, 
 including those critically injured or ill. Nothing in this 
 Act shall restrict or prohibit a hospital from providing, 
 or arranging for, the medically appropriate transport of 
 any patient, as determined by a physician licensed to 
 practice in all of its branches, an advanced practice 
 registered nurse, or a physician physician's assistant.
 (g) "Non-emergency medical services" means the provision 
of, and all actions necessary before and after the provision 
of, Basic Life Support (BLS) Services, Advanced Life Support 
(ALS) Services, and critical care transport to
patients whose 
conditions do not meet this Act's definition of emergency, 
before, after, or
during transportation of such patients to or 
from health care facilities visited for the
purpose of 
obtaining medical or health care services which are not 
emergency in
nature, using a vehicle regulated by this Act and 
personnel licensed under this Act.

 (g-5) The Department shall have the authority to 
promulgate minimum standards for critical care transport 
providers through rules adopted pursuant to this Act. All 
critical care transport providers must function within a 
Department-approved EMS System. Nothing in Department rules 
shall restrict a hospital's ability to furnish personnel, 
equipment, and medical supplies to any vehicle service 
provider, including a critical care transport provider. 
Minimum critical care transport provider standards shall 
include, but are not limited to:
  (1) Personnel staffing and licensure.
  (2) Education, certification, and experience.
  (3) Medical equipment and supplies.
  (4) Vehicular standards.
  (5) Treatment and transport protocols.
  (6) Quality assurance and data collection.
 (h)
The provisions of this Act shall not apply to
the use 
of an ambulance or SEMSV, unless and until
emergency or 
non-emergency medical services are needed
during the use of 
the ambulance or SEMSV.

(Source: P.A. 102-623, eff. 8-27-21; revised 12-1-21.)


 Section 415. The Hospital Licensing Act is amended by 
setting forth, renumbering, and changing multiple
versions of 
Section 6.28 and by changing Sections 10.10 and 14.5 as 
follows:

 (210 ILCS 85/6.28)
 (Section scheduled to be repealed on December 31, 2022)
 Sec. 6.28. N95 masks. Pursuant to and in accordance with 
applicable local, State, and federal policies, guidance and 
recommendations of public health and infection control 
authorities, and taking into consideration the limitations on 
access to N95 masks caused by disruptions in local, State, 
national, and international supply chains, a hospital licensed 
under this Act shall provide N95 masks to physicians licensed 
under the Medical Practice Act of 1987, registered nurses and 
advanced practice registered nurses licensed under the Nurse 
Practice Licensing Act, and any other employees or contractual 
workers who provide direct patient care and who, pursuant to 
such policies, guidance, and recommendations, are recommended 
to have such a mask to safely provide such direct patient care 
within a hospital setting. Nothing in this Section shall be 
construed to impose any new duty or obligation on the hospital 
or employee that is greater than that imposed under State and 
federal laws in effect on April 27, 2021 (the effective date of 
Public Act 102-4) this amendatory Act of the 102nd General 
Assembly. 
 This Section is repealed on December 31, 2022.

(Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21; 
revised 12-14-21.)



 (210 ILCS 85/6.30)


 Sec. 6.30 6.28. Facility-provided medication upon 
discharge.
 (a) The General Assembly finds that this Section is 
necessary for the immediate preservation of the public peace, 
health, and safety.
 (b) In this Section, "facility-provided medication" has 
the same meaning as provided under Section 15.10 of the 
Pharmacy Practice Act.
 (c) When a facility-provided medication is ordered at 
least 24 hours in advance for surgical procedures and is 
administered to a patient at a hospital licensed under this 
Act, any unused portion of the facility-provided medication 
must be offered to the patient upon discharge when it is 
required for continuing treatment.
 (d) A facility-provided medication shall be labeled 
consistent with labeling requirements under Section 22 of the 
Pharmacy Practice Act.
 (e) If the facility-provided medication is used in an 
operating room or emergency department setting, the prescriber 
is responsible for counseling the patient on its proper use 
and administration and the requirement of pharmacist 
counseling is waived. 

(Source: P.A. 102-155, eff. 7-23-21; revised 11-10-21.)




 (210 ILCS 85/6.31)


 Sec. 6.31 6.28. Patient contact policy during pandemics or 
other public health emergencies. During a pandemic or other 
public health emergency, a hospital licensed under this Act 
shall develop and implement a contact policy to encourage 
patients' ability to engage with family members throughout the 
duration of the pandemic or other public health emergency, 
including through the use of phone calls, videos calls, or 
other electronic mechanisms mechanism.

(Source: P.A. 102-398, eff. 8-16-21; revised 11-10-21.)




 (210 ILCS 85/6.32)


 Sec. 6.32 6.28. Surgical smoke plume evacuation.
 (a) In this Section:
 "Surgical smoke plume" means the by-product of the use of 
energy-based devices on tissue during surgery and containing 
hazardous materials, including, but not limited to, 
bioaerosols bio-aeorsols, smoke, gases, tissue and cellular 
fragments and particulates, and viruses.
 "Surgical smoke plume evacuation system" means a dedicated 
device that is designed to capture, transport, filter, and 
neutralize surgical smoke plume at the site of origin and 
before surgical smoke plume can make ocular contact, or 
contact with the respiratory tract, of an employee.
 (b) To protect patients and health care workers from the 
hazards of surgical smoke plume, a hospital licensed under 
this Act shall adopt policies to ensure the elimination of 
surgical smoke plume by use of a surgical smoke plume 
evacuation system for each procedure that generates surgical 
smoke plume from the use of energy-based devices, including, 
but not limited to, electrosurgery and lasers.
 (c) A hospital licensed under this Act shall report to the 
Department within 90 days after January 1, 2022 (the effective 
date of Public Act 102-533) this amendatory Act of the 102nd 
General Assembly that policies under subsection (b) of this 
Section have been adopted. 

(Source: P.A. 102-533, eff. 1-1-22; revised 11-10-21.)


 (210 ILCS 85/10.10)
 Sec. 10.10. Nurse Staffing by Patient Acuity.

 (a) Findings. The Legislature finds and declares all of 
the following:
  (1) The State of Illinois has a substantial interest 
 in promoting quality care and improving the delivery of 
 health care services.
  (2) Evidence-based studies have shown that the basic 
 principles of staffing in the acute care setting should be 
 based on the complexity of patients' care needs aligned 
 with available nursing skills to promote quality patient 
 care consistent with professional nursing standards.
  (3) Compliance with this Section promotes an 
 organizational climate that values registered nurses' 
 input in meeting the health care needs of hospital 
 patients.
 (b) Definitions. As used in this Section:
 "Acuity model" means an assessment tool selected and 
implemented by a hospital, as recommended by a nursing care 
committee, that assesses the complexity of patient care needs 
requiring professional nursing care and skills and aligns 
patient care needs and nursing skills consistent with 
professional nursing standards.
 "Department" means the Department of Public Health.
 "Direct patient care" means care provided by a registered 
professional nurse with direct responsibility to oversee or 
carry out medical regimens or nursing care for one or more 
patients.
 "Nursing care committee" means a hospital-wide committee 
or committees of nurses whose functions, in part or in whole, 
contribute to the development, recommendation, and review of 
the hospital's nurse staffing plan established pursuant to 
subsection (d).
 "Registered professional nurse" means a person licensed as 
a Registered Nurse under the Nurse
Practice Act.
 "Written staffing plan for nursing care services" means a 
written plan for the assignment of patient care nursing staff 
based on multiple nurse and patient considerations that yield 
minimum staffing levels for inpatient care units and the 
adopted acuity model aligning patient care needs with nursing 
skills required for quality patient care consistent with 
professional nursing standards.
 (c) Written staffing plan.
  (1) Every hospital shall implement a written 
 hospital-wide staffing plan, prepared by a nursing care 
 committee or committees, that provides for minimum direct 
 care professional registered nurse-to-patient staffing 
 needs for each inpatient care unit, including inpatient 
 emergency departments. If the staffing plan prepared by 
 the nursing care committee is not adopted by the hospital, 
 or if substantial changes are proposed to it, the chief 
 nursing officer shall either: (i) provide a written 
 explanation to the committee of the reasons the plan was 
 not adopted; or (ii) provide a written explanation of any 
 substantial changes made to the proposed plan prior to it 
 being adopted by the hospital. The written hospital-wide 
 staffing plan shall include, but need not be limited to, 
 the following considerations:
   (A) The complexity of complete care, assessment on 
 patient admission, volume of patient admissions, 
 discharges and transfers, evaluation of the progress 
 of a patient's problems, ongoing physical assessments, 
 planning for a patient's discharge, assessment after a 
 change in patient condition, and assessment of the 
 need for patient referrals.
   (B) The complexity of clinical professional 
 nursing judgment needed to design and implement a 
 patient's nursing care plan, the need for specialized 
 equipment and technology, the skill mix of other 
 personnel providing or supporting direct patient care, 
 and involvement in quality improvement activities, 
 professional preparation, and experience.
   (C) Patient acuity and the number of patients for 
 whom care is being provided.
   (D) The ongoing assessments of a unit's patient 
 acuity levels and nursing staff needed shall be 
 routinely made by the unit nurse manager or his or her 
 designee.
   (E) The identification of additional registered 
 nurses available for direct patient care when 
 patients' unexpected needs exceed the planned workload 
 for direct care staff.
  (2) In order to provide staffing flexibility to meet 
 patient needs, every hospital shall identify an acuity 
 model for adjusting the staffing plan for each inpatient 
 care unit.
  (2.5) Each hospital shall implement the staffing plan 
 and assign nursing personnel to each inpatient care unit, 
 including inpatient emergency departments, in accordance 
 with the staffing plan.
   (A) A registered nurse may report to the nursing 
 care committee any variations where the nurse 
 personnel assignment in an inpatient care unit is not 
 in accordance with the adopted staffing plan and may 
 make a written report to the nursing care committee 
 based on the variations.
   (B) Shift-to-shift adjustments in staffing levels 
 required by the staffing plan may be made by the 
 appropriate hospital personnel overseeing inpatient 
 care operations. If a registered nurse in an inpatient 
 care unit objects to a shift-to-shift adjustment, the 
 registered nurse may submit a written report to the 
 nursing care committee.
   (C) The nursing care committee shall develop a 
 process to examine and respond to written reports 
 submitted under subparagraphs (A) and (B) of this 
 paragraph (2.5), including the ability to determine if 
 a specific written report is resolved or should be 
 dismissed. 
  (3) The written staffing plan shall be posted, either 
 by physical or electronic means, in a conspicuous and 
 accessible location for both patients and direct care 
 staff, as required under the Hospital Report Card Act. A 
 copy of the written staffing plan shall be provided to any 
 member of the general public upon request. 
 (d) Nursing care committee.
  (1) Every hospital shall have a nursing care committee 
 that meets at least 6 times per year. A hospital shall 
 appoint members of a committee whereby at least 55% of the 
 members are registered professional nurses providing 
 direct inpatient care, one of whom shall be selected 
 annually by the direct inpatient care nurses to serve as 
 co-chair of the committee.
  (2) (Blank).

  (2.5) A nursing care committee shall prepare and 
 recommend to hospital administration the hospital's 
 written hospital-wide staffing plan. If the staffing plan 
 is not adopted by the hospital, the chief nursing officer 
 shall provide a written statement to the committee prior 
 to a staffing plan being adopted by the hospital that: (A) 
 explains the reasons the committee's proposed staffing 
 plan was not adopted; and (B) describes the changes to the 
 committee's proposed staffing or any alternative to the 
 committee's proposed staffing plan. 
  (3) A nursing care committee's or committees' written 
 staffing plan for the hospital shall be based on the 
 principles from the staffing components set forth in 
 subsection (c). In particular, a committee or committees 
 shall provide input and feedback on the following:
   (A) Selection, implementation, and evaluation of 
 minimum staffing levels for inpatient care units.
   (B) Selection, implementation, and evaluation of 
 an acuity model to provide staffing flexibility that 
 aligns changing patient acuity with nursing skills 
 required.
   (C) Selection, implementation, and evaluation of a 
 written staffing plan incorporating the items 
 described in subdivisions (c)(1) and (c)(2) of this 
 Section.
   (D) Review the nurse staffing plans for all 
 inpatient areas; and current acuity tools and measures 
 in use. The nursing care committee's review shall 
 consider: 
    (i) patient outcomes;
    (ii) complaints regarding staffing, including 
 complaints about a delay in direct care nursing or 
 an absence of direct care nursing;
    (iii) the number of hours of nursing care 
 provided through an inpatient hospital unit 
 compared with the number of inpatients served by 
 the hospital unit during a 24-hour period;
    (iv) the aggregate hours of overtime worked by 
 the nursing staff;
    (v) the extent to which actual nurse staffing 
 for each hospital inpatient unit differs from the 
 staffing specified by the staffing plan; and
    (vi) any other matter or change to the 
 staffing plan determined by the committee to 
 ensure that the hospital is staffed to meet the 
 health care needs of patients. 
  (4) A nursing care committee must issue a written 
 report addressing the items described in subparagraphs (A) 
 through (D) of paragraph (3) semi-annually. A written copy 
 of this report shall be made available to direct inpatient 
 care nurses by making available a paper copy of the 
 report, distributing it electronically, or posting it on 
 the hospital's website. 
  (5) A nursing care committee must issue a written 
 report at least annually to the hospital governing board 
 that addresses items including, but not limited to: the 
 items described in paragraph (3); changes made based on 
 committee recommendations and the impact of such changes; 
 and recommendations for future changes related to nurse 
 staffing. 
 (e) Nothing in this Section 10.10 shall be construed to 
limit, alter, or modify any of the terms, conditions, or 
provisions of a collective bargaining agreement entered into 
by the hospital.


 (f) No hospital may discipline, discharge, or take any 
other adverse employment action against an employee solely 
because the employee expresses a concern or complaint 
regarding an alleged violation of this Section or concerns 
related to nurse staffing.
 (g) Any employee of a hospital may file a complaint with 
the Department regarding an alleged violation of this Section. 
The Department must forward notification of the alleged 
violation to the hospital in question within 10 business days 
after the complaint is filed. Upon receiving a complaint of a 
violation of this Section, the Department may take any action 
authorized under Sections 7 or 9 of this Act.
(Source: P.A. 102-4, eff. 4-27-21; 102-641, eff. 8-27-21; 
revised 10-6-21.)

 (210 ILCS 85/14.5)
 Sec. 14.5. Hospital Licensure Fund. 
 (a) There is created in the State treasury the Hospital 
Licensure Fund. The Fund is created for the purpose of 
providing funding for the administration of the licensure 
program and patient safety and quality initiatives for 
hospitals, including, without limitation, the implementation 
of the Illinois Adverse Health Care Events Reporting Law of 
2005.
 (b) The Fund shall consist of the following: 
  (1) fees collected pursuant to Sections 5 and 7 of 
 this the Hospital Licensing Act; 
  (2) federal matching funds received by the State as a 
 result of expenditures made by the Department that are 
 attributable to moneys deposited in the Fund; 
  (3) interest earned on moneys deposited in the Fund; 
 and 
  (4) other moneys received for the Fund from any other 
 source, including interest earned thereon. 
 (c) Disbursements from the Fund shall be made only for: 
  (1) initially, the implementation of the Illinois 
 Adverse Health Care Events Reporting Law of 2005; 
  (2) subsequently, programs, information, or 
 assistance, including measures to address public 
 complaints, designed to measurably improve quality and 
 patient safety; 
  (2.5) from fines for violations of Section 10.10, 
 scholarships under the Nursing Education Scholarship Law; 
 and 
  (3) the reimbursement of moneys collected by the 
 Department through error or mistake. 
 (d) The uses described in paragraph (2) of subsection (c) 
shall be developed in conjunction with a statewide 
organization representing a majority of hospitals. 

(Source: P.A. 102-641, eff. 8-27-21; revised 12-1-21.)

 Section 420. The Birth Center Licensing Act is amended by 
changing Section 30 as follows:

 (210 ILCS 170/30)

 Sec. 30. Minimum standards. (a) The Department's rules 
adopted pursuant to Section 60 of this Act shall contain 
minimum standards to protect the health and safety of a 
patient of a birth center. In adopting rules for birth 
centers, the Department shall consider:
  (1) the Commission for the Accreditation of Birth 
 Centers' Standards for Freestanding Birth Centers;
  (2) the American Academy of Pediatrics and American 
 College of Obstetricians and Gynecologists Guidelines for 
 Perinatal Care; and
  (3) the Regionalized Perinatal Health Care Code.


(Source: P.A. 102-518, eff. 8-20-21; revised 12-1-21.)

 Section 425. The Illinois Insurance Code is amended by 
changing Sections 131.1, 131.14b, 131.22, 370c, and 370c.1 and 
by setting forth, renumbering, and changing multiple
versions 
of Section 356z.43 as follows:



 (215 ILCS 5/131.1)


 (Text of Section before amendment by P.A. 102-578)
 Sec. 131.1. Definitions. As used in this Article, the 
following terms have the respective
meanings set forth in this 
Section unless the context requires otherwise:

 (a) An "affiliate" of, or person "affiliated" with, a 
specific person,
is a person that directly, or indirectly 
through one or more
intermediaries, controls, or is controlled 
by, or is under common control
with, the person specified.

 (a-5) "Acquiring party" means such person by whom or on 
whose behalf the merger or other acquisition of control 
referred to in Section 131.4 is to be affected and any person 
that controls such person or persons.
 (a-10) "Associated person" means, with respect to an 
acquiring party, (1) any beneficial owner of shares of the 
company to be acquired, owned, directly or indirectly, of 
record or beneficially by the acquiring party, (2) any 
affiliate of the acquiring party or beneficial owner, and (3) 
any other person acting in concert, directly or indirectly, 
pursuant to any agreement, arrangement, or understanding, 
whether written or oral, with the acquiring party or 
beneficial owner, or any of their respective affiliates, in 
connection with the merger, consolidation, or other 
acquisition of control referred to in Section 131.4 of this 
Code. 
 (a-15) "Company" has the same meaning as "company" as 
defined in Section 2 of this Code, except that it does not 
include agencies, authorities, or instrumentalities of the 
United States, its possessions and territories, the 
Commonwealth of Puerto Rico, the District of Columbia, or a 
state or political subdivision of a state. 
 (b) "Control" (including the terms "controlling", 
"controlled by" and
"under common control with") means the 
possession, direct or indirect, of
the power to direct or 
cause the direction of the management and policies
of a 
person, whether through the ownership of voting securities, 
the holding
of shareholders' or policyholders' proxies by

contract other than a commercial contract for goods or 
non-management
services, or otherwise, unless the power is 
solely the result of an
official position with or corporate 
office held by the person. Control is presumed
to exist if any 
person, directly or indirectly, owns, controls, holds with
the 
power to vote, or holds shareholders' proxies representing 10% 
or
more of the voting securities of any other person, or holds 
or controls
sufficient policyholders' proxies to elect the 
majority of the board of
directors of the domestic company. 
This presumption may be rebutted by a
showing made in the 
manner as the Director may provide by rule. The Director
may 
determine, after
furnishing all persons in interest notice and 
opportunity to be heard and
making specific findings of fact 
to support such determination, that
control exists in fact, 
notwithstanding the absence of a presumption to
that effect.

 (b-5) "Enterprise risk" means any activity, circumstance, 
event, or series of events involving one or more affiliates of 
a company that, if not remedied promptly, is likely to have a 
material adverse effect upon the financial condition or 
liquidity of the company or its insurance holding company 
system as a whole, including, but not limited to, anything 
that would cause the company's risk-based capital to fall into 
company action level as set forth in Article IIA of this Code 
or would cause the company to be in
hazardous financial 
condition as set forth in Article XII 1/2 of this Code. 
 (b-10) "Exchange Act" means the Securities Exchange Act of 
1934, as amended, together with the rules and regulations 
promulgated thereunder. 
 (b-15) "Group-wide supervisor" means the regulatory 
official authorized to engage in conducting and coordinating 
group-wide supervision activities who is determined or 
acknowledged by the Director under Section 131.20d of this 
Code to have sufficient contacts with an internationally 
active insurance group. 
 (c) "Insurance holding company system" means two or more 
affiliated
persons, one or more of which is an insurance 
company as defined in
paragraph (e) of Section 2 of this Code.

 (c-5) "Internationally active insurance group" means an 
insurance holding company system that:
  (1) includes an insurer registered under Section 4 of 
 this Code; and
  (2) meets the following criteria:
   (A) premiums written in at least 3 countries;
   (B) the percentage of gross premiums written 
 outside the United States is at least 10% of the 
 insurance holding company system's total gross written 
 premiums; and
   (C) based on a 3-year rolling average, the total 
 assets of the insurance holding company system are at 
 least $50,000,000,000 or the total gross written 
 premiums of the insurance holding company system are 
 at least $10,000,000,000. 
 (d) (Blank).

 (d-1) "NAIC" means the National Association of Insurance 
Commissioners. 
 (d-5) "Non-operating holding company" is a general 
business corporation functioning solely for the purpose of 
forming, owning, acquiring, and managing subsidiary business 
entities and having no other business operations not related 
thereto.
 (d-10) "Own", "owned," or "owning" means shares (1) with 
respect to which a person
has title or to which a person's 
nominee, custodian, or other agent has title and which such

nominee, custodian, or other agent is holding on behalf of the 
person or (2) with respect to
which a person (A) has purchased 
or has entered into an unconditional contract, binding on both

parties, to purchase the shares, but has not yet received the 
shares, (B) owns a security
convertible into or exchangeable 
for the shares and has tendered the security for conversion or

exchange, (C) has an option to purchase or acquire, or rights 
or warrants to subscribe to, the shares and has exercised such 
option, rights, or warrants, or (D) holds a securities futures 
contract
to purchase the shares and has received notice that 
the position will be physically settled and is
irrevocably 
bound to receive the underlying shares. To the extent that any

affiliates of the stockholder or beneficial owner are acting 
in concert with the stockholder or
beneficial owner, the 
determination of shares owned may include the effect of 
aggregating the
shares owned by the affiliate or affiliates. 
Whether shares constitute shares owned shall
be decided by the 
Director in his or her reasonable determination. 
 (e) "Person" means an individual, a corporation, a limited 
liability company, a partnership, an
association, a joint 
stock company, a trust, an unincorporated
organization, any 
similar entity or any combination of the foregoing acting
in 
concert, but does not include any securities broker performing 
no more
than the usual and customary broker's function or 
joint venture
partnership exclusively engaged in owning, 
managing, leasing or developing
real or tangible personal 
property other than capital stock.

 (e-5) "Policyholders' proxies" are proxies that give the 
holder the right to vote for the election of the directors and 
other corporate actions not in the day to day operations of the 
company. 
 (f) (Blank).

 (f-5) "Securityholder" of a specified person is one who 
owns any security of such person, including common stock, 
preferred stock, debt obligations, and any other security 
convertible into or evidencing the right to acquire any of the 
foregoing. 
 (g) "Subsidiary" of a specified person is an affiliate 
controlled by
such person directly, or indirectly through one 
or more intermediaries.

 (h) "Voting Security" is a security which gives to the 
holder thereof
the right to vote for the election of directors 
and includes any security
convertible into or evidencing a 
right to acquire a voting security.

 (i) (Blank).

 (j) (Blank).

 (k) (Blank).

(Source: P.A. 102-394, eff. 8-16-21; revised 9-22-21.)

 (Text of Section after amendment by P.A. 102-578)

 Sec. 131.1. Definitions. As used in this Article, the 
following terms have the respective
meanings set forth in this 
Section unless the context requires otherwise:

 (a) An "affiliate" of, or person "affiliated" with, a 
specific person,
is a person that directly, or indirectly 
through one or more
intermediaries, controls, or is controlled 
by, or is under common control
with, the person specified.

 (a-5) "Acquiring party" means such person by whom or on 
whose behalf the merger or other acquisition of control 
referred to in Section 131.4 is to be affected and any person 
that controls such person or persons.
 (a-10) "Associated person" means, with respect to an 
acquiring party, (1) any beneficial owner of shares of the 
company to be acquired, owned, directly or indirectly, of 
record or beneficially by the acquiring party, (2) any 
affiliate of the acquiring party or beneficial owner, and (3) 
any other person acting in concert, directly or indirectly, 
pursuant to any agreement, arrangement, or understanding, 
whether written or oral, with the acquiring party or 
beneficial owner, or any of their respective affiliates, in 
connection with the merger, consolidation, or other 
acquisition of control referred to in Section 131.4 of this 
Code. 
 (a-15) "Company" has the same meaning as "company" as 
defined in Section 2 of this Code, except that it does not 
include agencies, authorities, or instrumentalities of the 
United States, its possessions and territories, the 
Commonwealth of Puerto Rico, the District of Columbia, or a 
state or political subdivision of a state. 
 (b) "Control" (including the terms "controlling", 
"controlled by" and
"under common control with") means the 
possession, direct or indirect, of
the power to direct or 
cause the direction of the management and policies
of a 
person, whether through the ownership of voting securities, 
the holding
of shareholders' or policyholders' proxies by

contract other than a commercial contract for goods or 
non-management
services, or otherwise, unless the power is 
solely the result of an
official position with or corporate 
office held by the person. Control is presumed
to exist if any 
person, directly or indirectly, owns, controls, holds with
the 
power to vote, or holds shareholders' proxies representing 10% 
or
more of the voting securities of any other person, or holds 
or controls
sufficient policyholders' proxies to elect the 
majority of the board of
directors of the domestic company. 
This presumption may be rebutted by a
showing made in the 
manner as the Director may provide by rule. The Director
may 
determine, after
furnishing all persons in interest notice and 
opportunity to be heard and
making specific findings of fact 
to support such determination, that
control exists in fact, 
notwithstanding the absence of a presumption to
that effect.

 (b-5) "Enterprise risk" means any activity, circumstance, 
event, or series of events involving one or more affiliates of 
a company that, if not remedied promptly, is likely to have a 
material adverse effect upon the financial condition or 
liquidity of the company or its insurance holding company 
system as a whole, including, but not limited to, anything 
that would cause the company's risk-based capital to fall into 
company action level as set forth in Article IIA of this Code 
or would cause the company to be in
hazardous financial 
condition as set forth in Article XII 1/2 of this Code. 
 (b-10) "Exchange Act" means the Securities Exchange Act of 
1934, as amended, together with the rules and regulations 
promulgated thereunder. 
 (b-12) "Group capital calculation instructions" means the 
group capital calculation instructions as adopted by the NAIC 
and as amended by the NAIC from time to time in accordance with 
the procedures adopted by the NAIC. 
 (b-15) "Group-wide supervisor" means the regulatory 
official authorized to engage in conducting and coordinating 
group-wide supervision activities who is determined or 
acknowledged by the Director under Section 131.20d of this 
Code to have sufficient contacts with an internationally 
active insurance group. 
 (c) "Insurance holding company system" means two or more 
affiliated
persons, one or more of which is an insurance 
company as defined in
paragraph (e) of Section 2 of this Code.

 (c-5) "Internationally active insurance group" means an 
insurance holding company system that:
  (1) includes an insurer registered under Section 4 of 
 this Code; and
  (2) meets the following criteria:
   (A) premiums written in at least 3 countries;
   (B) the percentage of gross premiums written 
 outside the United States is at least 10% of the 
 insurance holding company system's total gross written 
 premiums; and
   (C) based on a 3-year rolling average, the total 
 assets of the insurance holding company system are at 
 least $50,000,000,000 or the total gross written 
 premiums of the insurance holding company system are 
 at least $10,000,000,000. 
 (d) (Blank).

 (d-1) "NAIC" means the National Association of Insurance 
Commissioners. 
 (d-2) "NAIC Liquidity Stress Test Framework" is a separate 
NAIC publication which includes a history of the NAIC's 
development of regulatory liquidity stress testing, the scope 
criteria applicable for a specific data year, and the 
liquidity stress test instructions, and reporting templates 
for a specific data year, such scope criteria, instructions, 
and reporting template being as adopted by the NAIC and as 
amended by the NAIC from time to time in accordance with the 
procedures adopted by the NAIC. 
 (d-5) "Non-operating holding company" is a general 
business corporation functioning solely for the purpose of 
forming, owning, acquiring, and managing subsidiary business 
entities and having no other business operations not related 
thereto.
 (d-10) "Own", "owned," or "owning" means shares (1) with 
respect to which a person
has title or to which a person's 
nominee, custodian, or other agent has title and which such

nominee, custodian, or other agent is holding on behalf of the 
person or (2) with respect to
which a person (A) has purchased 
or has entered into an unconditional contract, binding on both

parties, to purchase the shares, but has not yet received the 
shares, (B) owns a security
convertible into or exchangeable 
for the shares and has tendered the security for conversion or

exchange, (C) has an option to purchase or acquire, or rights 
or warrants to subscribe to, the shares and has exercised such 
option, rights, or warrants, or (D) holds a securities futures 
contract
to purchase the shares and has received notice that 
the position will be physically settled and is
irrevocably 
bound to receive the underlying shares. To the extent that any

affiliates of the stockholder or beneficial owner are acting 
in concert with the stockholder or
beneficial owner, the 
determination of shares owned may include the effect of 
aggregating the
shares owned by the affiliate or affiliates. 
Whether shares constitute shares owned shall
be decided by the 
Director in his or her reasonable determination. 
 (e) "Person" means an individual, a corporation, a limited 
liability company, a partnership, an
association, a joint 
stock company, a trust, an unincorporated
organization, any 
similar entity or any combination of the foregoing acting
in 
concert, but does not include any securities broker performing 
no more
than the usual and customary broker's function or 
joint venture
partnership exclusively engaged in owning, 
managing, leasing or developing
real or tangible personal 
property other than capital stock.

 (e-5) "Policyholders' proxies" are proxies that give the 
holder the right to vote for the election of the directors and 
other corporate actions not in the day to day operations of the 
company. 
 (f) (Blank).

 (f-3) (f-5) "Scope criteria", as detailed in the NAIC 
Liquidity Stress Test Framework, are the designated exposure 
bases along with minimum magnitudes thereof for the specified 
data year, used to establish a preliminary list of insurers 
considered scoped into the NAIC Liquidity Stress Test 
Framework for that data year. 
 (f-5) "Securityholder" of a specified person is one who 
owns any security of such person, including common stock, 
preferred stock, debt obligations, and any other security 
convertible into or evidencing the right to acquire any of the 
foregoing. 
 (g) "Subsidiary" of a specified person is an affiliate 
controlled by
such person directly, or indirectly through one 
or more intermediaries.

 (h) "Voting Security" is a security which gives to the 
holder thereof
the right to vote for the election of directors 
and includes any security
convertible into or evidencing a 
right to acquire a voting security.

 (i) (Blank).

 (j) (Blank).

 (k) (Blank).

(Source: P.A. 102-394, eff. 8-16-21; 102-578, eff. 7-1-22 (See 
Section 5 of P.A. 102-672 for effective date of P.A. 102-578); 
revised 12-1-21.)

 (215 ILCS 5/131.14b)
 (Text of Section before amendment by P.A. 102-578)
 Sec. 131.14b. Enterprise risk filing. The ultimate 
controlling person of every company subject to registration 
shall also file an annual enterprise risk report. The report 
shall, to the best of the ultimate controlling person's 
knowledge and belief, identify the material risks within the 
insurance holding company system that could pose enterprise 
risk to the company. The report shall be filed with the lead 
state commissioner of the insurance holding company system as 
determined by the procedures within the Financial Analysis 
Handbook adopted by the National Association of Insurance 
Commissioners.

(Source: P.A. 98-609, eff. 7-1-14.)

 (Text of Section after amendment by P.A. 102-578)
 Sec. 131.14b. Enterprise risk filings. 
 (a) Annual enterprise risk report. The ultimate 
controlling person of every company subject to registration 
shall also file an annual enterprise risk report. The report 
shall, to the best of the ultimate controlling person's 
knowledge and belief, identify the material risks within the 
insurance holding company system that could pose enterprise 
risk to the company. The report shall be filed with the lead 
state commissioner of the insurance holding company system as 
determined by the procedures within the Financial Analysis 
Handbook adopted by the National Association of Insurance 
Commissioners.

 (b) Group capital calculation. Except as provided in this 
subsection, the ultimate controlling person of every insurer 
subject to registration shall concurrently file with the 
registration an annual group capital calculation as directed 
by the lead state commissioner. The report shall be completed 
in accordance with the NAIC Group Capital Calculation 
Instructions, which may permit the lead state commissioner to 
allow a controlling person who is not the ultimate controlling 
person to file the group capital calculation. The report shall 
be filed with the lead state commissioner of the insurance 
holding company system as determined by the commissioner in 
accordance with the procedures within the Financial Analysis 
Handbook adopted by the NAIC. Insurance holding company 
systems described in the following are exempt from filing the 
group capital calculation:
  (1) an insurance holding company system that has only 
 one insurer within its holding company structure, that 
 only writes business and is only licensed in Illinois, and 
 that assumes no business from any other insurer;
  (2) an insurance holding company system that is 
 required to perform a group capital calculation specified 
 by the United States Federal Reserve Board; the lead state 
 commissioner shall request the calculation from the 
 Federal Reserve Board under the terms of information 
 sharing agreements in effect; if the Federal Reserve Board 
 cannot share the calculation with the lead state 
 commissioner, the insurance holding company system is not 
 exempt from the group capital calculation filing;
  (3) an insurance holding company system whose non-U.S. 
 group-wide supervisor is located within a reciprocal 
 jurisdiction as described in paragraph (C-10) of 
 subsection (1) of Section 173.1 that recognizes the U.S. 
 state regulatory approach to group supervision and group 
 capital; and
  (4) an insurance holding company system:
   (i) that provides information to the lead state 
 that meets the requirements for accreditation under 
 the NAIC financial standards and accreditation 
 program, either directly or indirectly through the 
 group-wide supervisor, who has determined such 
 information is satisfactory to allow the lead state to 
 comply with the NAIC group supervision approach, as 
 detailed in the NAIC Financial Analysis Handbook; and
   (ii) whose non-U.S. group-wide supervisor that is 
 not in a reciprocal jurisdiction recognizes and 
 accepts, as specified by the commissioner in 
 regulation, the group capital calculation as the 
 world-wide group capital assessment for U.S. insurance 
 groups who operate in that jurisdiction.
 (5) Notwithstanding the provisions of paragraphs (3) and 
(4) of this subsection, a lead state commissioner shall 
require the group capital calculation for U.S. operations of 
any non-U.S. based insurance holding company system where, 
after any necessary consultation with other supervisors or 
officials, it is deemed appropriate by the lead state 
commissioner for prudential oversight and solvency monitoring 
purposes or for ensuring the competitiveness of the insurance 
marketplace.
 (6) Notwithstanding the exemptions from filing the group 
capital calculation stated in paragraphs (1) through (4) of 
this subsection, the lead state commissioner has the 
discretion to exempt the ultimate controlling person from 
filing the annual group capital calculation or to accept a 
limited group capital filing or report in accordance with 
criteria as specified by the Director in regulation.
 (c) Liquidity stress test. The ultimate controlling person 
of every insurer subject to registration and also scoped into 
the NAIC Liquidity Stress Test Framework shall file the 
results of a specific year's liquidity stress test. The filing 
shall be made to the lead state insurance commissioner of the 
insurance holding company system as determined by the 
procedures within the Financial Analysis Handbook adopted by 
the National Association of Insurance Commissioners:
  (1) The NAIC Liquidity Stress Test Framework includes 
 scope criteria applicable to a specific data year. These 
 scope criteria are reviewed at least annually by the NAIC 
 Financial Stability Task Force or its successor. Any 
 change to the NAIC Liquidity Stress Test Framework or to 
 the data year for which the scope criteria are to be 
 measured shall be effective on January 1 of the year 
 following the calendar year when such changes are adopted. 
 Insurers meeting at least one threshold of the scope 
 criteria are considered scoped into the NAIC Liquidity 
 Stress Test Framework for the specified data year unless 
 the lead state insurance commissioner, in consultation 
 with the NAIC Financial Stability Task Force or its 
 successor, determines the insurer should not be scoped 
 into the Framework for that data year. Similarly, insurers 
 that do not trigger at least one threshold of the scope 
 criteria are considered scoped out of the NAIC Liquidity 
 Stress Test Framework for the specified data year, unless 
 the lead state insurance commissioner, in consultation 
 with the NAIC Financial Stability Task Force or its 
 successor, determines the insurer should be scoped into 
 the Framework for that data year.
  The lead state insurance commissioner, in consultation 
 with the Financial Stability Task Force or its successor, 
 shall assess the regulator's wish to avoid having insurers 
 scoped in and out of the NAIC Liquidity Stress Test 
 Framework on a frequent basis as part of the determination 
 for an insurer.
  (2) The performance of, and filing of the results 
 from, a specific year's liquidity stress test shall comply 
 with the NAIC Liquidity Stress Test Framework's 
 instructions and reporting templates for that year and any 
 lead state insurance commissioner determinations, in 
 conjunction with the NAIC Financial Stability Task Force 
 or its successor, provided within the Framework. 
(Source: P.A. 102-578, eff. 7-1-22 (See Section 5 of P.A. 
102-672 for effective date of P.A. 102-578); revised 12-2-21.)



 (215 ILCS 5/131.22)


 (Text of Section before amendment by P.A. 102-578)
 Sec. 131.22. Confidential treatment. 
 (a) Documents, materials, or other information in the 
possession or control of the Department that are obtained by 
or disclosed to the Director or any other person in the course 
of an examination or investigation made pursuant to this 
Article and all information reported or provided to the 
Department pursuant to paragraphs (12) and (13) of Section 
131.5 and Sections 131.13 through 131.21 shall be confidential 
by law and privileged, shall not be subject to the Illinois 
Freedom of Information Act, shall not be subject to subpoena, 
and shall not be subject to discovery or admissible in 
evidence in any private civil action. However, the Director is 
authorized to use the documents, materials, or other 
information in the furtherance of any regulatory or legal 
action brought as a part of the Director's official duties. 
The Director shall not otherwise make the documents, 
materials, or other information public without the prior 
written consent of the company to which it pertains unless the 
Director, after giving the company and its affiliates who 
would be affected thereby prior written notice and an 
opportunity to be heard, determines that the interest of 
policyholders, shareholders, or the public shall be served by 
the publication thereof, in which event the Director may 
publish all or any part in such manner as may be deemed 
appropriate.
 (b) Neither the Director nor any person who received 
documents, materials, or other information while acting under 
the authority of the Director or with whom such documents, 
materials, or other information are shared pursuant to this 
Article shall be permitted or required to testify in any 
private civil action concerning any confidential documents, 
materials, or information subject to subsection (a) of this 
Section.
 (c) In order to assist in the performance of the 
Director's duties, the Director:
  (1) may share documents, materials, or other 
 information, including the confidential and privileged 
 documents, materials, or information subject to subsection 
 (a) of this Section, with other state, federal, and 
 international regulatory agencies, with the NAIC and its 
 affiliates and subsidiaries, and with third-party

 consultants, and with state, federal, and international 
 law enforcement authorities and regulatory agencies, 
 including members of any supervisory college allowed by 
 this Article, provided that the recipient agrees in 
 writing to maintain the confidentiality and privileged 
 status of the document, material, or other information, 
 and has verified in writing the legal authority to 
 maintain confidentiality;
  (1.5) notwithstanding paragraph (1) of this subsection 
 (c), may only share confidential and privileged documents, 
 material, or information reported pursuant to Section 
 131.14b with commissioners of states having statutes or 
 regulations substantially similar to subsection (a) of 
 this Section and who have agreed in writing not to 
 disclose such information; and 
  (2) may receive documents, materials, or information, 
 including otherwise confidential and privileged documents, 
 materials, or information from the NAIC and its affiliates 
 and subsidiaries and from regulatory and law enforcement 
 officials of other foreign or domestic jurisdictions, and 
 shall maintain as confidential or privileged any document, 
 material, or information received with notice or the 
 understanding that it is confidential or privileged under 
 the laws of the jurisdiction that is the source of the 
 document, material, or information; any such documents,

 materials, or information, while in the Director's 
 possession, shall not be subject to the
Illinois Freedom 
 of Information Act and shall not be subject to subpoena.
 (c-5) Written agreements with the NAIC or third-party 
consultants governing sharing and use of information provided 
pursuant to this Article consistent with this subsection (c) 
shall:

  (1)
specify procedures and protocols regarding the 
 confidentiality and security of information shared with 
 the NAIC and its affiliates and subsidiaries or 
 third-party consultants pursuant to this Article, 
 including procedures and protocols for sharing by the NAIC 
 with other state, federal, or international regulators;

  (2)
specify that ownership of information shared with 
 the NAIC and its affiliates and subsidiaries or 
 third-party consultants pursuant to this Article remains 
 with the Director and the NAIC's or third-party 
 consultant's use of the information is subject to the 
 direction of the Director;

  (3)
require prompt notice to be given to a company 
 whose confidential information in the possession of the 
 NAIC or third-party consultant pursuant to this Article is 
 subject to a request or subpoena for disclosure or 
 production; and

  (4)
require the NAIC and its affiliates and 
 subsidiaries or third-party consultants to consent to 
 intervention by a company in any judicial or 
 administrative action in which the NAIC and its affiliates 
 and subsidiaries or third-party consultants may be 
 required to disclose confidential information about the 
 company shared with the NAIC and its affiliates and 
 subsidiaries or third-party consultants pursuant to this 
 Article.
 (d) The sharing of documents, materials, or information by 
the Director pursuant to this Article shall not constitute a 
delegation of regulatory authority or rulemaking, and the 
Director is solely responsible for the administration, 
execution, and enforcement of the provisions of this Article.
 (e) No waiver of any applicable privilege or claim of 
confidentiality in the documents, materials, or information 
shall occur as a result of disclosure to the Director under 
this Section or as a result of sharing as authorized in 
subsection (c) of this Section.
 (f) Documents, materials, or other information in the 
possession or control of the NAIC or a third-party consultant 
pursuant to this Article shall be confidential by law and 
privileged, shall not be subject to the Illinois Freedom of 
Information Act, shall not be subject to subpoena, and shall 
not be subject to discovery or admissible in evidence in any 
private civil action.

(Source: P.A. 102-394, eff. 8-16-21.)

 (Text of Section after amendment by P.A. 102-578)

 Sec. 131.22. Confidential treatment. 
 (a) Documents, materials, or other information in the 
possession or control of the Department that are obtained by 
or disclosed to the Director or any other person in the course 
of an examination or investigation made pursuant to this 
Article and all information reported or provided to the 
Department pursuant to paragraphs (12) and (13) of Section 
131.5 and Sections 131.13 through 131.21 are recognized by 
this State as being proprietary and to contain trade secrets, 
and shall be confidential by law and privileged, shall not be 
subject to the Illinois Freedom of Information Act, shall not 
be subject to subpoena, and shall not be subject to discovery 
or admissible in evidence in any private civil action. 
However, the Director is authorized to use the documents, 
materials, or other information in the furtherance of any 
regulatory or legal action brought as a part of the Director's 
official duties. The Director shall not otherwise make the 
documents, materials, or other information public without the 
prior written consent of the company to which it pertains 
unless the Director, after giving the company and its 
affiliates who would be affected thereby prior written notice 
and an opportunity to be heard, determines that the interest 
of policyholders, shareholders, or the public shall be served 
by the publication thereof, in which event the Director may 
publish all or any part in such manner as may be deemed 
appropriate.
 (b) Neither the Director nor any person who received 
documents, materials, or other information while acting under 
the authority of the Director or with whom such documents, 
materials, or other information are shared pursuant to this 
Article shall be permitted or required to testify in any 
private civil action concerning any confidential documents, 
materials, or information subject to subsection (a) of this 
Section.
 (c) In order to assist in the performance of the 
Director's duties, the Director:
  (1) may share documents, materials, or other 
 information, including the confidential and privileged 
 documents, materials, or information subject to subsection 
 (a) of this Section, including proprietary and trade 
 secret documents and materials, with other state, federal, 
 and international regulatory agencies, with the NAIC and 
 its affiliates and subsidiaries, and with third-party

 consultants, and with state, federal, and international 
 law enforcement authorities and regulatory agencies, 
 including members of any supervisory college allowed by 
 this Article, provided that the recipient agrees in 
 writing to maintain the confidentiality and privileged 
 status of the document, material, or other information, 
 and has verified in writing the legal authority to 
 maintain confidentiality;
  (1.5) notwithstanding paragraph (1) of this subsection 
 (c), may only share confidential and privileged documents, 
 material, or information reported pursuant to subsection 
 (a) of Section 131.14b with commissioners of states having 
 statutes or regulations substantially similar to 
 subsection (a) of this Section and who have agreed in 
 writing not to disclose such information; and
  (2) may receive documents, materials, or information, 
 including otherwise confidential and privileged documents, 
 materials, or information, including proprietary and trade 
 secret information, from the NAIC and its affiliates and 
 subsidiaries and from regulatory and law enforcement 
 officials of other foreign or domestic jurisdictions, and 
 shall maintain as confidential or privileged any document, 
 material, or information received with notice or the 
 understanding that it is confidential or privileged under 
 the laws of the jurisdiction that is the source of the 
 document, material, or information; any such documents,

 materials, or information, while in the Director's 
 possession, shall not be subject to the
Illinois Freedom 
 of Information Act and shall not be subject to subpoena.
  (blank). 
 (c-5) Written agreements with the NAIC or third-party 
consultants governing sharing and use of information provided 
pursuant to this Article consistent with subsection (c) shall:

  (1)
specify procedures and protocols regarding the 
 confidentiality and security of information shared with 
 the NAIC and its affiliates and subsidiaries or 
 third-party consultants pursuant to this Article, 
 including procedures and protocols for sharing by the NAIC 
 with other state, federal, or international regulators; 
 the agreement shall provide that the recipient agrees in 
 writing to maintain the confidentiality and privileged 
 status of the documents, materials, or other information 
 and has verified in writing the legal authority to 
 maintain such confidentiality;

  (2)
specify that ownership of information shared with 
 the NAIC and its affiliates and subsidiaries or 
 third-party consultants pursuant to this Article remains 
 with the Director and the NAIC's or third-party 
 consultant's use of the information is subject to the 
 direction of the Director;

  (3)
require prompt notice to be given to a company 
 whose confidential information in the possession of the 
 NAIC or third-party consultant pursuant to this Article is 
 subject to a request or subpoena for disclosure or 
 production;

  (4)
require the NAIC and its affiliates and 
 subsidiaries or third-party consultants to consent to 
 intervention by a company in any judicial or 
 administrative action in which the NAIC and its affiliates 
 and subsidiaries or third-party consultants may be 
 required to disclose confidential information about the 
 company shared with the NAIC and its affiliates and 
 subsidiaries or third-party consultants pursuant to this 
 Article; and
  (5) excluding documents, material, or information 
 reported pursuant to subsection (c) of Section 131.14b, 
 prohibit the NAIC or third-party consultant from storing 
 the information shared pursuant to this Code in a 
 permanent database after the underlying analysis is 
 completed. 
 (d) The sharing of documents, materials, or information by 
the Director pursuant to this Article shall not constitute a 
delegation of regulatory authority or rulemaking, and the 
Director is solely responsible for the administration, 
execution, and enforcement of the provisions of this Article.
 (e) No waiver of any applicable privilege or claim of 
confidentiality in the documents, materials, or information 
shall occur as a result of disclosure to the Director under 
this Section or as a result of sharing as authorized in 
subsection (c) of this Section.
 (f) Documents, materials, or other information in the 
possession or control of the NAIC or third-party consultant 
pursuant to this Article shall be confidential by law and 
privileged, shall not be subject to the Illinois Freedom of 
Information Act, shall not be subject to subpoena, and shall 
not be subject to discovery or admissible in evidence in any 
private civil action.

(Source: P.A. 102-394, eff. 8-16-21; 102-578, eff. 7-1-22 (See 
Section 5 of P.A. 102-672 for effective date of P.A. 102-578); 
revised 12-1-21.)

 (215 ILCS 5/356z.43)
 Sec. 356z.43. (Repealed).
(Source: P.A. 102-34, eff. 6-25-21. Repealed internally, eff. 
1-1-22.)



 (215 ILCS 5/356z.45)


 Sec. 356z.45 356z.43. Coverage for patient care services 
provided by a pharmacist. A group or individual policy of 
accident and health insurance or a managed care plan that is 
amended, delivered, issued, or renewed on or after January 1, 
2023 shall provide coverage for health care or patient care 
services provided by a pharmacist if:
  (1) the pharmacist meets the requirements and scope of 
 practice as set forth in Section 43 of the Pharmacy 
 Practice Act;
  (2) the health plan provides coverage for the same 
 service provided by a licensed physician, an advanced 
 practice registered nurse, or a physician assistant;
  (3) the pharmacist is included in the health benefit 
 plan's network of participating providers; and
  (4) a reimbursement has been successfully negotiated 
 in good faith between the pharmacist and the health plan. 

(Source: P.A. 102-103, eff. 1-1-23; revised 10-26-21.)




 (215 ILCS 5/356z.46)


 Sec. 356z.46 356z.43. Biomarker testing.
 (a) As used in this Section:
 "Biomarker" means a characteristic that is objectively 
measured and evaluated as an indicator of normal biological 
processes, pathogenic processes, or pharmacologic responses to 
a specific therapeutic intervention. "Biomarker" includes, but 
is not limited to, gene mutations or protein expression.
 "Biomarker testing" means the analysis of a patient's 
tissue, blood, or fluid biospecimen for the presence of a 
biomarker. "Biomarker testing" includes, but is not limited 
to, single-analyte tests, multi-plex panel tests, and partial 
or whole genome sequencing.
 (b) A group or individual policy of accident and health 
insurance or managed care plan amended, delivered, issued, or 
renewed on or after January 1, 2022 shall include coverage for 
biomarker testing as defined in this Section pursuant to 
criteria established under subsection (d).
 (c) Biomarker testing shall be covered and conducted in an 
efficient manner to provide the most complete range of results 
to the patient's health care provider without requiring 
multiple biopsies, biospecimen samples, or other delays or 
disruptions in patient care.
 (d) Biomarker testing must be covered for the purposes of 
diagnosis, treatment, appropriate management, or ongoing 
monitoring of an enrollee's disease or condition when the test 
is supported by medical and scientific evidence, including, 
but not limited to:
  (1) labeled indications for an FDA-approved test or 
 indicated tests for an FDA-approved drug;
  (2) federal Centers for Medicare and Medicaid Services 
 National Coverage Determinations;
  (3) nationally recognized clinical practice 
 guidelines;
  (4) consensus statements;
  (5) professional society recommendations;
  (6) peer-reviewed literature, biomedical compendia, 
 and other medical literature that meet the criteria of the 
 National Institutes of Health's National Library of 
 Medicine for indexing in Index Medicus, Excerpta Medicus, 
 Medline, and MEDLARS database of Health Services 
 Technology Assessment Research; and
  (7) peer-reviewed scientific studies published in or 
 accepted for publication by medical journals that meet 
 nationally recognized requirements for scientific 
 manuscripts and that submit most of their published 
 articles for review by experts who are not part of the 
 editorial staff.
 (e) When coverage of biomarker testing for the purpose of 
diagnosis, treatment, or ongoing monitoring of any medical 
condition is restricted for use by a group or individual 
policy of accident and health insurance or managed care plan, 
the patient and prescribing practitioner shall have access to 
a clear, readily accessible, and convenient processes to 
request an exception. The process shall be made readily 
accessible on the insurer's website.

(Source: P.A. 102-203, eff. 1-1-22; revised 10-26-21.)




 (215 ILCS 5/356z.47)


 Sec. 356z.47 356z.43. Coverage for pancreatic cancer 
screening. A group or individual policy of accident and health 
insurance or a managed care plan that is amended, delivered, 
issued, or renewed on or after January 1, 2022 shall provide 
coverage for medically necessary pancreatic cancer screening.

(Source: P.A. 102-306, eff. 1-1-22; revised 10-26-21.)




 (215 ILCS 5/356z.48)


 Sec. 356z.48 356z.43. Colonoscopy coverage.
 (a) A group policy of accident and health insurance that 
is amended, delivered, issued, or renewed on or after January 
1, 2022 shall provide coverage for a colonoscopy that is a 
follow-up exam based on an initial screen where the 
colonoscopy was determined to be medically necessary by a 
physician licensed to practice medicine in all its branches, 
an advanced practice registered nurse, or a physician 
assistant.
 (b) A policy subject to this Section shall not impose a 
deductible, coinsurance, copayment, or any other cost-sharing 
requirement on the coverage provided; except that this 
subsection does not apply to coverage of colonoscopies to the 
extent such coverage would disqualify a high-deductible health 
plan from eligibility for a health savings account pursuant to 
Section 223 of the Internal Revenue Code.

(Source: P.A. 102-443, eff. 1-1-22; revised 10-26-21.)




 (215 ILCS 5/356z.49)


 Sec. 356z.49 356z.43. A1C testing.
 (a) As used in this Section, "A1C testing" means blood 
sugar level testing used to diagnose prediabetes, type 1 
diabetes, and type 2 diabetes and to monitor management of 
blood sugar levels.
 (b) A group or individual policy of accident and health 
insurance or managed care plan amended, delivered, issued, or 
renewed on or after January 1, 2022 (the effective date of 
Public Act 102-530) this amendatory Act of the 102nd General 
Assembly shall provide coverage for A1C testing recommended by 
a health care provider for prediabetes, type 1 diabetes, and 
type 2 diabetes in accordance with prediabetes and diabetes 
risk factors identified by the United States Centers for 
Disease Control and Prevention.
  (1) Risk factors for prediabetes may include, but are 
 not limited to, being overweight or obese, being aged 35 
 or older, having an immediate family member with type 2 
 diabetes, previous diagnosis of gestational diabetes and 
 being African American, Hispanic or Latino American, 
 American Indian, or Alaska Native.
  (2) Risk factors for type 1 diabetes may include, but 
 are not limited to, family history of diabetes.
  (3) Risk factors for type 2 diabetes may include, but 
 are not limited to, having prediabetes, being overweight 
 or obese, being aged 35 or older, having an immediate 
 family member with type 1 or type 2 diabetes, previous 
 diagnosis of gestational diabetes and being African 
 American, Hispanic or Latino American, American Indian, or 
 Alaska Native.

(Source: P.A. 102-530, eff. 1-1-22; revised 10-26-21.)




 (215 ILCS 5/356z.50)


 Sec. 356z.50 356z.43. Comprehensive cancer testing.
 (a) As used in this Section:
 "Comprehensive cancer testing" includes, but is not 
limited to, the following forms of testing:
  (1) Targeted cancer gene panels.
  (2) Whole-exome genome testing.
  (3) Whole-genome sequencing.
  (4) RNA sequencing.
  (5) Tumor mutation burden.
 "Testing of blood or constitutional tissue for cancer 
predisposition testing" includes, but is not limited to, the 
following forms of testing:
  (1) Targeted cancer gene panels.
  (2) Whole-exome genome testing.
  (3) Whole-genome sequencing.
 (b) An individual or group policy of accident and health 
insurance or managed care plan that is amended, delivered, 
issued, or renewed on or after January 1, 2022 (the effective 
date of Public Act 102-589) this amendatory Act of the 102nd 
General Assembly shall provide coverage for medically 
necessary comprehensive cancer testing and testing of blood or 
constitutional tissue for cancer predisposition testing as 
determined by a physician licensed to practice medicine in all 
of its branches.

(Source: P.A. 102-589, eff. 1-1-22; revised 10-26-21.)




 (215 ILCS 5/356z.51)


 Sec. 356z.51 356z.43. Coverage for port-wine stain 
treatment.
 (a) A group or individual policy of accident and health

insurance or managed care plan amended, delivered, issued, or

renewed on or after January 1, 2022 shall provide coverage for

treatment to eliminate or provide maximum
feasible treatment 
of nevus flammeus, also known as port-wine
stains, including, 
but not limited to, port-wine stains caused
by Sturge-Weber 
syndrome. For purposes of this Section, treatment or maximum 
feasible treatment shall include early intervention treatment, 
including topical, intralesional, or systemic medical therapy 
and surgery, and laser treatments approved by the U.S. Food 
and Drug Administration in children aged 18 years and younger 
that are intended to prevent functional impairment related to 
vision function, oral function, inflammation, bleeding, 
infection, and other medical complications associated with 
port-wine stains.
 (b) Coverage for treatment required under this Section 
shall not include treatment solely for cosmetic purposes. 

(Source: P.A. 102-642, eff. 1-1-22; revised 10-26-21.)





 (215 ILCS 5/370c) (from Ch. 73, par. 982c)

 Sec. 370c. Mental and emotional disorders. 

 (a)(1) On and after January 1, 2022 (the effective date of 
Public Act 102-579) this amendatory Act of the 102nd General 
Assembly August 16, 2019 Public Act 101-386,
every insurer 
that amends, delivers, issues, or renews
group accident and 
health policies providing coverage for hospital or medical 
treatment or
services for illness on an expense-incurred basis 
shall provide coverage for the medically necessary treatment 
of mental, emotional, nervous, or substance use disorders or 
conditions consistent with the parity requirements of Section 
370c.1 of this Code.

 (2) Each insured that is covered for mental, emotional, 
nervous, or substance use
disorders or conditions shall be 
free to select the physician licensed to
practice medicine in 
all its branches, licensed clinical psychologist,
licensed 
clinical social worker, licensed clinical professional 
counselor, licensed marriage and family therapist, licensed 
speech-language pathologist, or other licensed or certified 
professional at a program licensed pursuant to the Substance 
Use Disorder Act of
his or her choice to treat such disorders, 
and
the insurer shall pay the covered charges of such 
physician licensed to
practice medicine in all its branches, 
licensed clinical psychologist,
licensed clinical social 
worker, licensed clinical professional counselor, licensed 
marriage and family therapist, licensed speech-language 
pathologist, or other licensed or certified professional at a 
program licensed pursuant to the Substance Use Disorder Act up

to the limits of coverage, provided (i)
the disorder or 
condition treated is covered by the policy, and (ii) the

physician, licensed psychologist, licensed clinical social 
worker, licensed
clinical professional counselor, licensed 
marriage and family therapist, licensed speech-language 
pathologist, or other licensed or certified professional at a 
program licensed pursuant to the Substance Use Disorder Act is

authorized to provide said services under the statutes of this 
State and in
accordance with accepted principles of his or her 
profession.

 (3) Insofar as this Section applies solely to licensed 
clinical social
workers, licensed clinical professional 
counselors, licensed marriage and family therapists, licensed 
speech-language pathologists, and other licensed or certified 
professionals at programs licensed pursuant to the Substance 
Use Disorder Act, those persons who may
provide services to 
individuals shall do so
after the licensed clinical social 
worker, licensed clinical professional
counselor, licensed 
marriage and family therapist, licensed speech-language 
pathologist, or other licensed or certified professional at a 
program licensed pursuant to the Substance Use Disorder Act 
has informed the patient of the
desirability of the patient 
conferring with the patient's primary care
physician.

 (4) "Mental, emotional, nervous, or substance use disorder 
or condition" means a condition or disorder that involves a 
mental health condition or substance use disorder that falls 
under any of the diagnostic categories listed in the mental 
and behavioral disorders chapter of the current edition of the 
World Health Organization's International Classification of 
Disease or that is listed in the most recent version of the 
American Psychiatric Association's Diagnostic and Statistical 
Manual of Mental Disorders. "Mental, emotional, nervous, or 
substance use disorder or condition" includes any mental 
health condition that occurs during pregnancy or during the 
postpartum period and includes, but is not limited to, 
postpartum depression.
 (5) Medically necessary treatment and medical necessity 
determinations shall be interpreted and made in a manner that 
is consistent with and pursuant to subsections (h) through 
(t). 
 (b)(1) (Blank).

 (2) (Blank).

 (2.5) (Blank). 
 (3) Unless otherwise prohibited by federal law and 
consistent with the parity requirements of Section 370c.1 of 
this Code, the reimbursing insurer that amends, delivers, 
issues, or renews a group or individual policy of accident and 
health insurance, a qualified health plan offered through the 
health insurance marketplace, or a provider of treatment of 
mental, emotional, nervous,
or substance use disorders or 
conditions shall furnish medical records or other necessary 
data
that substantiate that initial or continued treatment is 
at all times medically
necessary. An insurer shall provide a 
mechanism for the timely review by a
provider holding the same 
license and practicing in the same specialty as the
patient's 
provider, who is unaffiliated with the insurer, jointly 
selected by
the patient (or the patient's next of kin or legal 
representative if the
patient is unable to act for himself or 
herself), the patient's provider, and
the insurer in the event 
of a dispute between the insurer and patient's
provider 
regarding the medical necessity of a treatment proposed by a 
patient's
provider. If the reviewing provider determines the 
treatment to be medically
necessary, the insurer shall provide 
reimbursement for the treatment. Future
contractual or 
employment actions by the insurer regarding the patient's

provider may not be based on the provider's participation in 
this procedure.
Nothing prevents
the insured from agreeing in 
writing to continue treatment at his or her
expense. When 
making a determination of the medical necessity for a 
treatment
modality for mental, emotional, nervous, or 
substance use disorders or conditions, an insurer must make 
the determination in a
manner that is consistent with the 
manner used to make that determination with
respect to other 
diseases or illnesses covered under the policy, including an

appeals process. Medical necessity determinations for 
substance use disorders shall be made in accordance with 
appropriate patient placement criteria established by the 
American Society of Addiction Medicine. No additional criteria 
may be used to make medical necessity determinations for 
substance use disorders. 

 (4) A group health benefit plan amended, delivered, 
issued, or renewed on or after January 1, 2019 (the effective 
date of Public Act 100-1024) or an individual policy of 
accident and health insurance or a qualified health plan 
offered through the health insurance marketplace amended, 
delivered, issued, or renewed on or after January 1, 2019 (the 
effective date of Public Act 100-1024):

  (A) shall provide coverage based upon medical 
 necessity for the
treatment of a mental, emotional, 
 nervous, or substance use disorder or condition consistent 
 with the parity requirements of Section 370c.1 of this 
 Code; provided, however, that in each calendar year 
 coverage shall not be less than the following:

   (i) 45 days of inpatient treatment; and

   (ii) beginning on June 26, 2006 (the effective 
 date of Public Act 94-921), 60 visits for outpatient 
 treatment including group and individual
outpatient 
 treatment; and
   (iii) for plans or policies delivered, issued for 
 delivery, renewed, or modified after January 1, 2007 
 (the effective date of Public Act 94-906),
20 
 additional outpatient visits for speech therapy for 
 treatment of pervasive developmental disorders that 
 will be in addition to speech therapy provided 
 pursuant to item (ii) of this subparagraph (A); and


  (B) may not include a lifetime limit on the number of 
 days of inpatient
treatment or the number of outpatient 
 visits covered under the plan.

  (C) (Blank).

 (5) An issuer of a group health benefit plan or an 
individual policy of accident and health insurance or a 
qualified health plan offered through the health insurance 
marketplace may not count toward the number
of outpatient 
visits required to be covered under this Section an outpatient

visit for the purpose of medication management and shall cover 
the outpatient
visits under the same terms and conditions as 
it covers outpatient visits for
the treatment of physical 
illness.

 (5.5) An individual or group health benefit plan amended, 
delivered, issued, or renewed on or after September 9, 2015 
(the effective date of Public Act 99-480) shall offer coverage 
for medically necessary acute treatment services and medically 
necessary clinical stabilization services. The treating 
provider shall base all treatment recommendations and the 
health benefit plan shall base all medical necessity 
determinations for substance use disorders in accordance with 
the most current edition of the Treatment Criteria for 
Addictive, Substance-Related, and Co-Occurring Conditions 
established by the American Society of Addiction Medicine. The 
treating provider shall base all treatment recommendations and 
the health benefit plan shall base all medical necessity 
determinations for medication-assisted treatment in accordance 
with the most current Treatment Criteria for Addictive, 
Substance-Related, and Co-Occurring Conditions established by 
the American Society of Addiction Medicine.
 As used in this subsection:
 "Acute treatment services" means 24-hour medically 
supervised addiction treatment that provides evaluation and 
withdrawal management and may include biopsychosocial 
assessment, individual and group counseling, psychoeducational 
groups, and discharge planning.
 "Clinical stabilization services" means 24-hour treatment, 
usually following acute treatment services for substance 
abuse, which may include intensive education and counseling 
regarding the nature of addiction and its consequences, 
relapse prevention, outreach to families and significant 
others, and aftercare planning for individuals beginning to 
engage in recovery from addiction. 
 (6) An issuer of a group health benefit
plan may provide or 
offer coverage required under this Section through a
managed 
care plan.

 (6.5) An individual or group health benefit plan amended, 
delivered, issued, or renewed on or after January 1, 2019 (the 
effective date of Public Act 100-1024): 
  (A) shall not impose prior authorization requirements, 
 other than those established under the Treatment Criteria 
 for Addictive, Substance-Related, and Co-Occurring 
 Conditions established by the American Society of 
 Addiction Medicine, on a prescription medication approved 
 by the United States Food and Drug Administration that is 
 prescribed or administered for the treatment of substance 
 use disorders;
  (B) shall not impose any step therapy requirements, 
 other than those established under the Treatment Criteria 
 for Addictive, Substance-Related, and Co-Occurring 
 Conditions established by the American Society of 
 Addiction Medicine, before authorizing coverage for a 
 prescription medication approved by the United States Food 
 and Drug Administration that is prescribed or administered 
 for the treatment of substance use disorders;
  (C) shall place all prescription medications approved 
 by the United States Food and Drug Administration 
 prescribed or administered for the treatment of substance 
 use disorders on, for brand medications, the lowest tier 
 of the drug formulary developed and maintained by the 
 individual or group health benefit plan that covers brand 
 medications and, for generic medications, the lowest tier 
 of the drug formulary developed and maintained by the 
 individual or group health benefit plan that covers 
 generic medications; and
  (D) shall not exclude coverage for a prescription 
 medication approved by the United States Food and Drug 
 Administration for the treatment of substance use 
 disorders and any associated counseling or wraparound 
 services on the grounds that such medications and services 
 were court ordered.
 (7) (Blank).

 (8)
(Blank).

 (9) With respect to all mental, emotional, nervous, or 
substance use disorders or conditions, coverage for inpatient 
treatment shall include coverage for treatment in a 
residential treatment center certified or licensed by the 
Department of Public Health or the Department of Human 
Services. 
 (c) This Section shall not be interpreted to require 
coverage for speech therapy or other habilitative services for 
those individuals covered under Section 356z.15
of this Code. 
 (d) With respect to a group or individual policy of 
accident and health insurance or a qualified health plan 
offered through the health insurance marketplace, the 
Department and, with respect to medical assistance, the 
Department of Healthcare and Family Services shall each 
enforce the requirements of this Section and Sections 356z.23 
and 370c.1 of this Code, the Paul Wellstone and Pete Domenici 
Mental Health Parity and Addiction Equity Act of 2008, 42 
U.S.C. 18031(j), and any amendments to, and federal guidance 
or regulations issued under, those Acts, including, but not 
limited to, final regulations issued under the Paul Wellstone 
and Pete Domenici Mental Health Parity and Addiction Equity 
Act of 2008 and final regulations applying the Paul Wellstone 
and Pete Domenici Mental Health Parity and Addiction Equity 
Act of 2008 to Medicaid managed care organizations, the 
Children's Health Insurance Program, and alternative benefit 
plans. Specifically, the Department and the Department of 
Healthcare and Family Services shall take action: 
  (1) proactively ensuring compliance by individual and 
 group policies, including by requiring that insurers 
 submit comparative analyses, as set forth in paragraph (6) 
 of subsection (k) of Section 370c.1, demonstrating how 
 they design and apply nonquantitative treatment 
 limitations, both as written and in operation, for mental, 
 emotional, nervous, or substance use disorder or condition 
 benefits as compared to how they design and apply 
 nonquantitative treatment limitations, as written and in 
 operation, for medical and surgical benefits;
  (2) evaluating all consumer or provider complaints 
 regarding mental, emotional, nervous, or substance use 
 disorder or condition coverage for possible parity 
 violations;
  (3) performing parity compliance market conduct 
 examinations or, in the case of the Department of 
 Healthcare and Family Services, parity compliance audits 
 of individual and group plans and policies, including, but 
 not limited to, reviews of:
   (A) nonquantitative treatment limitations, 
 including, but not limited to, prior authorization 
 requirements, concurrent review, retrospective review, 
 step therapy, network admission standards, 
 reimbursement rates, and geographic restrictions;
   (B) denials of authorization, payment, and 
 coverage; and
   (C) other specific criteria as may be determined 
 by the Department.
 The findings and the conclusions of the parity compliance 
market conduct examinations and audits shall be made public.
 The Director may adopt rules to effectuate any provisions 
of the Paul Wellstone and Pete Domenici Mental Health Parity 
and Addiction Equity Act of 2008 that relate to the business of 
insurance.
 (e) Availability of plan information. 
  (1) The criteria for medical necessity determinations 
 made under a group health plan, an individual policy of 
 accident and health insurance, or a qualified health plan 
 offered through the health insurance marketplace with 
 respect to mental health or substance use disorder 
 benefits (or health insurance coverage offered in 
 connection with the plan with respect to such benefits) 
 must be made available by the plan administrator (or the 
 health insurance issuer offering such coverage) to any 
 current or potential participant, beneficiary, or 
 contracting provider upon request. 
  (2) The reason for any denial under a group health 
 benefit plan, an individual policy of accident and health 
 insurance, or a qualified health plan offered through the 
 health insurance marketplace (or health insurance coverage 
 offered in connection with such plan or policy) of 
 reimbursement or payment for services with respect to 
 mental, emotional, nervous, or substance use disorders or 
 conditions benefits in the case of any participant or 
 beneficiary must be made available within a reasonable 
 time and in a reasonable manner and in readily 
 understandable language by the plan administrator (or the 
 health insurance issuer offering such coverage) to the 
 participant or beneficiary upon request. 
 (f) As used in this Section, "group policy of accident and 
health insurance" and "group health benefit plan" includes (1) 
State-regulated employer-sponsored group health insurance 
plans written in Illinois or which purport to provide coverage 
for a resident of this State; and (2) State employee health 
plans. 
 (g) (1) As used in this subsection:
 "Benefits", with respect to insurers, means
the benefits 
provided for treatment services for inpatient and outpatient 
treatment of substance use disorders or conditions at American 
Society of Addiction Medicine levels of treatment 2.1 
(Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1 
(Clinically Managed Low-Intensity Residential), 3.3 
(Clinically Managed Population-Specific High-Intensity 
Residential), 3.5 (Clinically Managed High-Intensity 
Residential), and 3.7 (Medically Monitored Intensive 
Inpatient) and OMT (Opioid Maintenance Therapy) services.
 "Benefits", with respect to managed care organizations, 
means the benefits provided for treatment services for 
inpatient and outpatient treatment of substance use disorders 
or conditions at American Society of Addiction Medicine levels 
of treatment 2.1 (Intensive Outpatient), 2.5 (Partial 
Hospitalization), 3.5 (Clinically Managed High-Intensity 
Residential), and 3.7 (Medically Monitored Intensive 
Inpatient) and OMT (Opioid Maintenance Therapy) services. 
 "Substance use disorder treatment provider or facility" 
means a licensed physician, licensed psychologist, licensed 
psychiatrist, licensed advanced practice registered nurse, or 
licensed, certified, or otherwise State-approved facility or 
provider of substance use disorder treatment.
 (2) A group health insurance policy, an individual health 
benefit plan, or qualified health plan that is offered through 
the health insurance marketplace, small employer group health 
plan, and large employer group health plan that is amended, 
delivered, issued, executed, or renewed in this State, or 
approved for issuance or renewal in this State, on or after 
January 1, 2019 (the effective date of Public Act 100-1023) 
shall comply with the requirements of this Section and Section 
370c.1. The services for the treatment and the ongoing 
assessment of the patient's progress in treatment shall follow 
the requirements of 77 Ill. Adm. Code 2060.
 (3) Prior authorization shall not be utilized for the 
benefits under this subsection. The substance use disorder 
treatment provider or facility shall notify the insurer of the 
initiation of treatment. For an insurer that is not a managed 
care organization, the substance use disorder treatment 
provider or facility notification shall occur for the 
initiation of treatment of the covered person within 2 
business days. For managed care organizations, the substance 
use disorder treatment provider or facility notification shall 
occur in accordance with the protocol set forth in the 
provider agreement for initiation of treatment within 24 
hours. If the managed care organization is not capable of 
accepting the notification in accordance with the contractual 
protocol during the 24-hour period following admission, the 
substance use disorder treatment provider or facility shall 
have one additional business day to provide the notification 
to the appropriate managed care organization. Treatment plans 
shall be developed in accordance with the requirements and 
timeframes established in 77 Ill. Adm. Code 2060. If the 
substance use disorder treatment provider or facility fails to 
notify the insurer of the initiation of treatment in 
accordance with these provisions, the insurer may follow its 
normal prior authorization processes.
 (4) For an insurer that is not a managed care 
organization, if an insurer determines that benefits are no 
longer medically necessary, the insurer shall notify the 
covered person, the covered person's authorized 
representative, if any, and the covered person's health care 
provider in writing of the covered person's right to request 
an external review pursuant to the Health Carrier External 
Review Act. The notification shall occur within 24 hours 
following the adverse determination.
 Pursuant to the requirements of the Health Carrier 
External Review Act, the covered person or the covered 
person's authorized representative may request an expedited 
external review.
An expedited external review may not occur if 
the substance use disorder treatment provider or facility 
determines that continued treatment is no longer medically 
necessary. Under this subsection, a request for expedited 
external review must be initiated within 24 hours following 
the adverse determination notification by the insurer. Failure 
to request an expedited external review within 24 hours shall 
preclude a covered person or a covered person's authorized 
representative from requesting an expedited external review. 
 If an expedited external review request meets the criteria 
of the Health Carrier External Review Act, an independent 
review organization shall make a final determination of 
medical necessity within 72 hours. If an independent review 
organization upholds an adverse determination, an insurer 
shall remain responsible to provide coverage of benefits 
through the day following the determination of the independent 
review organization. A decision to reverse an adverse 
determination shall comply with the Health Carrier External 
Review Act.
 (5) The substance use disorder treatment provider or 
facility shall provide the insurer with 7 business days' 
advance notice of the planned discharge of the patient from 
the substance use disorder treatment provider or facility and 
notice on the day that the patient is discharged from the 
substance use disorder treatment provider or facility.
 (6) The benefits required by this subsection shall be 
provided to all covered persons with a diagnosis of substance 
use disorder or conditions. The presence of additional related 
or unrelated diagnoses shall not be a basis to reduce or deny 
the benefits required by this subsection.
 (7) Nothing in this subsection shall be construed to 
require an insurer to provide coverage for any of the benefits 
in this subsection.
 (h) As used in this Section:
 "Generally accepted standards of mental, emotional, 
nervous, or substance use disorder or condition care" means 
standards of care and clinical practice that are generally 
recognized by health care providers practicing in relevant 
clinical specialties such as psychiatry, psychology, clinical 
sociology, social work, addiction medicine and counseling, and 
behavioral health treatment. Valid, evidence-based sources 
reflecting generally accepted standards of mental, emotional, 
nervous, or substance use disorder or condition care include 
peer-reviewed scientific studies and medical literature, 
recommendations of nonprofit health care provider professional 
associations and specialty societies, including, but not 
limited to, patient placement criteria and clinical practice 
guidelines, recommendations of federal government agencies, 
and drug labeling approved by the United States Food and Drug 
Administration.
 "Medically necessary treatment of mental, emotional, 
nervous, or substance use disorders or conditions" means a 
service or product addressing the specific needs of that 
patient, for the purpose of screening, preventing, diagnosing, 
managing, or treating an illness, injury, or condition or its 
symptoms and comorbidities, including minimizing the 
progression of an illness, injury, or condition or its 
symptoms and comorbidities in a manner that is all of the 
following:
  (1) in accordance with the generally accepted 
 standards of mental, emotional, nervous, or substance use 
 disorder or condition care;
  (2) clinically appropriate in terms of type, 
 frequency, extent, site, and duration; and
  (3) not primarily for the economic benefit of the 
 insurer, purchaser, or for the convenience of the patient, 
 treating physician, or other health care provider.
 "Utilization review" means either of the following:
  (1) prospectively, retrospectively, or concurrently 
 reviewing and approving, modifying, delaying, or denying, 
 based in whole or in part on medical necessity, requests 
 by health care providers, insureds, or their authorized 
 representatives for coverage of health care services 
 before, retrospectively, or concurrently with the 
 provision of health care services to insureds.
  (2) evaluating the medical necessity, appropriateness, 
 level of care, service intensity, efficacy, or efficiency 
 of health care services, benefits, procedures, or 
 settings, under any circumstances, to determine whether a 
 health care service or benefit subject to a medical 
 necessity coverage requirement in an insurance policy is 
 covered as medically necessary for an insured.
 "Utilization review criteria" means patient placement 
criteria or any criteria, standards, protocols, or guidelines 
used by an insurer to conduct utilization review.
 (i)(1) Every insurer that amends, delivers, issues, or 
renews a group or individual policy of accident and health 
insurance or a qualified health plan offered through the 
health insurance marketplace in this State and Medicaid 
managed care organizations providing coverage for hospital or 
medical treatment on or after January 1, 2023 shall, pursuant 
to subsections (h) through (s), provide coverage for medically 
necessary treatment of mental, emotional, nervous, or 
substance use disorders or conditions.
 (2) An insurer shall not set a specific limit on the 
duration of benefits or coverage of medically necessary 
treatment of mental, emotional, nervous, or substance use 
disorders or conditions or limit coverage only to alleviation 
of the insured's current symptoms.
 (3) All medical necessity determinations made by the 
insurer concerning service intensity, level of care placement, 
continued stay, and transfer or discharge of insureds 
diagnosed with mental, emotional, nervous, or substance use 
disorders or conditions shall be conducted in accordance with 
the requirements of subsections (k) through (u).
 (4) An insurer that authorizes a specific type of 
treatment by a provider pursuant to this Section shall not 
rescind or modify the authorization after that provider 
renders the health care service in good faith and pursuant to 
this authorization for any reason, including, but not limited 
to, the insurer's subsequent cancellation or modification of 
the insured's or policyholder's contract, or the insured's or 
policyholder's eligibility. Nothing in this Section shall 
require the insurer to cover a treatment when the 
authorization was granted based on a material 
misrepresentation by the insured, the policyholder, or the 
provider. Nothing in this Section shall require Medicaid 
managed care organizations to pay for services if the 
individual was not eligible for Medicaid at the time the 
service was rendered. Nothing in this Section shall require an 
insurer to pay for services if the individual was not the 
insurer's enrollee at the time services were rendered. As used 
in this paragraph, "material" means a fact or situation that 
is not merely technical in nature and results in or could 
result in a substantial change in the situation.
 (j) An insurer shall not limit benefits or coverage for 
medically necessary services on the basis that those services 
should be or could be covered by a public entitlement program, 
including, but not limited to, special education or an 
individualized education program, Medicaid, Medicare, 
Supplemental Security Income, or Social Security Disability 
Insurance, and shall not include or enforce a contract term 
that excludes otherwise covered benefits on the basis that 
those services should be or could be covered by a public 
entitlement program. Nothing in this subsection shall be 
construed to require an insurer to cover benefits that have 
been authorized and provided for a covered person by a public 
entitlement program. Medicaid managed care organizations are 
not subject to this subsection.
 (k) An insurer shall base any medical necessity 
determination or the utilization review criteria that the 
insurer, and any entity acting on the insurer's behalf, 
applies to determine the medical necessity of health care 
services and benefits for the diagnosis, prevention, and 
treatment of mental, emotional, nervous, or substance use 
disorders or conditions on current generally accepted 
standards of mental, emotional, nervous, or substance use 
disorder or condition care. All denials and appeals shall be 
reviewed by a professional with experience or expertise 
comparable to the provider requesting the authorization.
 (l) For medical necessity determinations relating to level 
of care placement, continued stay, and transfer or discharge 
of insureds diagnosed with mental, emotional, and nervous 
disorders or conditions, an insurer shall apply the patient 
placement criteria set forth in the most recent version of the 
treatment criteria developed by an unaffiliated nonprofit 
professional association for the relevant clinical specialty 
or, for Medicaid managed care organizations, patient placement 
criteria determined by the Department of Healthcare and Family 
Services that are consistent with generally accepted standards 
of mental, emotional, nervous or substance use disorder or 
condition care. Pursuant to subsection (b), in conducting 
utilization review of all covered services and benefits for 
the diagnosis, prevention, and treatment of substance use 
disorders an insurer shall use the most recent edition of the 
patient placement criteria established by the American Society 
of Addiction Medicine.
 (m) For medical necessity determinations relating to level 
of care placement, continued stay, and transfer or discharge 
that are within the scope of the sources specified in 
subsection (l), an insurer shall not apply different, 
additional, conflicting, or more restrictive utilization 
review criteria than the criteria set forth in those sources. 
For all level of care placement decisions, the insurer shall 
authorize placement at the level of care consistent with the 
assessment of the insured using the relevant patient placement 
criteria as specified in subsection (l). If that level of 
placement is not available, the insurer shall authorize the 
next higher level of care. In the event of disagreement, the 
insurer shall provide full detail of its assessment using the 
relevant criteria as specified in subsection (l) to the 
provider of the service and the patient.
 Nothing in this subsection or subsection (l) prohibits an 
insurer from applying utilization review criteria that were 
developed in accordance with subsection (k) to health care 
services and benefits for mental, emotional, and nervous 
disorders or conditions that are not related to medical 
necessity determinations for level of care placement, 
continued stay, and transfer or discharge. If an insurer 
purchases or licenses utilization review criteria pursuant to 
this subsection, the insurer shall verify and document before 
use that the criteria were developed in accordance with 
subsection (k). 
 (n) In conducting utilization review that is outside the 
scope of the criteria as specified in subsection (l) or 
relates to the advancements in technology or in the types or 
levels of care that are not addressed in the most recent 
versions of the sources specified in subsection (l), an 
insurer shall conduct utilization review in accordance with 
subsection (k).
 (o) This Section does not in any way limit the rights of a 
patient under the Medical Patient Rights Act.
 (p) This Section does not in any way limit early and 
periodic screening, diagnostic, and treatment benefits as 
defined under 42 U.S.C. 1396d(r).
 (q) To ensure the proper use of the criteria described in 
subsection (l), every insurer shall do all of the following:
  (1) Educate the insurer's staff, including any third 
 parties contracted with the insurer to review claims, 
 conduct utilization reviews, or make medical necessity 
 determinations about the utilization review criteria.
  (2) Make the educational program available to other 
 stakeholders, including the insurer's participating or 
 contracted providers and potential participants, 
 beneficiaries, or covered lives. The education program 
 must be provided at least once a year, in-person or 
 digitally, or recordings of the education program must be 
 made available to the aforementioned stakeholders.
  (3) Provide, at no cost, the utilization review 
 criteria and any training material or resources to 
 providers and insured patients upon request. For 
 utilization review criteria not concerning level of care 
 placement, continued stay, and transfer or discharge used 
 by the insurer pursuant to subsection (m), the insurer may 
 place the criteria on a secure, password-protected website 
 so long as the access requirements of the website do not 
 unreasonably restrict access to insureds or their 
 providers. No restrictions shall be placed upon the 
 insured's or treating provider's access right to 
 utilization review criteria obtained under this paragraph 
 at any point in time, including before an initial request 
 for authorization.
  (4) Track, identify, and analyze how the utilization 
 review criteria are used to certify care, deny care, and 
 support the appeals process.
  (5) Conduct interrater reliability testing to ensure 
 consistency in utilization review decision making that 
 covers how medical necessity decisions are made; this 
 assessment shall cover all aspects of utilization review 
 as defined in subsection (h).
  (6) Run interrater reliability reports about how the 
 clinical guidelines are used in conjunction with the 
 utilization review process and parity compliance 
 activities.
  (7) Achieve interrater reliability pass rates of at 
 least 90% and, if this threshold is not met, immediately 
 provide for the remediation of poor interrater reliability 
 and interrater reliability testing for all new staff 
 before they can conduct utilization review without 
 supervision.
  (8) Maintain documentation of interrater reliability 
 testing and the remediation actions taken for those with 
 pass rates lower than 90% and submit to the Department of 
 Insurance or, in the case of Medicaid managed care 
 organizations, the Department of Healthcare and Family 
 Services the testing results and a summary of remedial 
 actions as part of parity compliance reporting set forth 
 in subsection (k) of Section 370c.1.
 (r) This Section applies to all health care services and 
benefits for the diagnosis, prevention, and treatment of 
mental, emotional, nervous, or substance use disorders or 
conditions covered by an insurance policy, including 
prescription drugs.
 (s) This Section applies to an insurer that amends, 
delivers, issues, or renews a group or individual policy of 
accident and health insurance or a qualified health plan 
offered through the health insurance marketplace in this State 
providing coverage for hospital or medical treatment and 
conducts utilization review as defined in this Section, 
including Medicaid managed care organizations, and any entity 
or contracting provider that performs utilization review or 
utilization management functions on an insurer's behalf.
 (t) If the Director determines that an insurer has 
violated this Section, the Director may, after appropriate 
notice and opportunity for hearing, by order, assess a civil 
penalty between $1,000 and $5,000 for each violation. Moneys 
collected from penalties shall be deposited into the Parity 
Advancement Fund established in subsection (i) of Section 
370c.1.
 (u) An insurer shall not adopt, impose, or enforce terms 
in its policies or provider agreements, in writing or in 
operation, that undermine, alter, or conflict with the 
requirements of this Section.
 (v) The provisions of this Section are severable. If any 
provision of this Section or its application is held invalid, 
that invalidity shall not affect other provisions or 
applications that can be given effect without the invalid 
provision or application. 
(Source: P.A. 101-81, eff. 7-12-19; 101-386, eff. 8-16-19; 
102-558, eff. 8-20-21; 102-579, eff. 1-1-22; revised 
10-15-21.)

 (215 ILCS 5/370c.1)
 Sec. 370c.1. Mental, emotional, nervous, or substance use 
disorder or condition parity.
 (a) On and after July 23, 2021 (the effective date of 
Public Act 102-135) this amendatory Act of the 102nd General 
Assembly, every insurer that amends, delivers, issues, or 
renews a group or individual policy of accident and health 
insurance or a qualified health plan offered through the 
Health Insurance Marketplace in this State providing coverage 
for hospital or medical treatment and for the treatment of 
mental, emotional, nervous, or substance use disorders or 
conditions shall ensure prior to policy issuance that:
  (1) the financial requirements applicable to such 
 mental, emotional, nervous, or substance use disorder or 
 condition benefits are no more restrictive than the 
 predominant financial requirements applied to 
 substantially all hospital and medical benefits covered by 
 the policy and that there are no separate cost-sharing 
 requirements that are applicable only with respect to 
 mental, emotional, nervous, or substance use disorder or 
 condition benefits; and
  (2) the treatment limitations applicable to such 
 mental, emotional, nervous, or substance use disorder or 
 condition benefits are no more restrictive than the 
 predominant treatment limitations applied to substantially 
 all hospital and medical benefits covered by the policy 
 and that there are no separate treatment limitations that 
 are applicable only with respect to mental, emotional, 
 nervous, or substance use disorder or condition benefits.
 (b) The following provisions shall apply concerning 
aggregate lifetime limits:
  (1) In the case of a group or individual policy of 
 accident and health insurance or a qualified health plan 
 offered through the Health Insurance Marketplace amended, 
 delivered, issued, or renewed in this State on or after 
 September 9, 2015 (the effective date of Public Act 
 99-480) this amendatory Act of the 99th General Assembly 
 that provides coverage for hospital or medical treatment 
 and for the treatment of mental, emotional, nervous, or 
 substance use disorders or conditions the following 
 provisions shall apply:
   (A) if the policy does not include an aggregate 
 lifetime limit on substantially all hospital and 
 medical benefits, then the policy may not impose any 
 aggregate lifetime limit on mental, emotional, 
 nervous, or substance use disorder or condition 
 benefits; or
   (B) if the policy includes an aggregate lifetime 
 limit on substantially all hospital and medical 
 benefits (in this subsection referred to as the 
 "applicable lifetime limit"), then the policy shall 
 either:
    (i) apply the applicable lifetime limit both 
 to the hospital and medical benefits to which it 
 otherwise would apply and to mental, emotional, 
 nervous, or substance use disorder or condition 
 benefits and not distinguish in the application of 
 the limit between the hospital and medical 
 benefits and mental, emotional, nervous, or 
 substance use disorder or condition benefits; or
    (ii) not include any aggregate lifetime limit 
 on mental, emotional, nervous, or substance use 
 disorder or condition benefits that is less than 
 the applicable lifetime limit.
  (2) In the case of a policy that is not described in 
 paragraph (1) of subsection (b) of this Section and that 
 includes no or different aggregate lifetime limits on 
 different categories of hospital and medical benefits, the 
 Director shall establish rules under which subparagraph 
 (B) of paragraph (1) of subsection (b) of this Section is 
 applied to such policy with respect to mental, emotional, 
 nervous, or substance use disorder or condition benefits 
 by substituting for the applicable lifetime limit an 
 average aggregate lifetime limit that is computed taking 
 into account the weighted average of the aggregate 
 lifetime limits applicable to such categories. 
 (c) The following provisions shall apply concerning annual 
limits:
  (1) In the case of a group or individual policy of 
 accident and health insurance or a qualified health plan 
 offered through the Health Insurance Marketplace amended, 
 delivered, issued, or renewed in this State on or after 
 September 9, 2015 (the effective date of Public Act 
 99-480) this amendatory Act of the 99th General Assembly 
 that provides coverage for hospital or medical treatment 
 and for the treatment of mental, emotional, nervous, or 
 substance use disorders or conditions the following 
 provisions shall apply: 
   (A) if the policy does not include an annual limit 
 on substantially all hospital and medical benefits, 
 then the policy may not impose any annual limits on 
 mental, emotional, nervous, or substance use disorder 
 or condition benefits; or
   (B) if the policy includes an annual limit on 
 substantially all hospital and medical benefits (in 
 this subsection referred to as the "applicable annual 
 limit"), then the policy shall either: 
    (i) apply the applicable annual limit both to 
 the hospital and medical benefits to which it 
 otherwise would apply and to mental, emotional, 
 nervous, or substance use disorder or condition 
 benefits and not distinguish in the application of 
 the limit between the hospital and medical 
 benefits and mental, emotional, nervous, or 
 substance use disorder or condition benefits; or
    (ii) not include any annual limit on mental, 
 emotional, nervous, or substance use disorder or 
 condition benefits that is less than the 
 applicable annual limit. 
  (2) In the case of a policy that is not described in 
 paragraph (1) of subsection (c) of this Section and that 
 includes no or different annual limits on different 
 categories of hospital and medical benefits, the Director 
 shall establish rules under which subparagraph (B) of 
 paragraph (1) of subsection (c) of this Section is applied 
 to such policy with respect to mental, emotional, nervous, 
 or substance use disorder or condition benefits by 
 substituting for the applicable annual limit an average 
 annual limit that is computed taking into account the 
 weighted average of the annual limits applicable to such 
 categories. 
 (d) With respect to mental, emotional, nervous, or 
substance use disorders or conditions, an insurer shall use 
policies and procedures for the election and placement of 
mental, emotional, nervous, or substance use disorder or 
condition treatment drugs on their formulary that are no less 
favorable to the insured as those policies and procedures the 
insurer uses for the selection and placement of drugs for 
medical or surgical conditions and shall follow the expedited 
coverage determination requirements for substance abuse 
treatment drugs set forth in Section 45.2 of the Managed Care 
Reform and Patient Rights Act. 
 (e) This Section shall be interpreted in a manner 
consistent with all applicable federal parity regulations 
including, but not limited to, the Paul Wellstone and Pete 
Domenici Mental Health Parity and Addiction Equity Act of 
2008, final regulations issued under the Paul Wellstone and 
Pete Domenici Mental Health Parity and Addiction Equity Act of 
2008 and final regulations applying the Paul Wellstone and 
Pete Domenici Mental Health Parity and Addiction Equity Act of 
2008 to Medicaid managed care organizations, the Children's 
Health Insurance Program, and alternative benefit plans.
 (f) The provisions of subsections (b) and (c) of this 
Section shall not be interpreted to allow the use of lifetime 
or annual limits otherwise prohibited by State or federal law.
 (g) As used in this Section:
 "Financial requirement" includes deductibles, copayments, 
coinsurance, and out-of-pocket maximums, but does not include 
an aggregate lifetime limit or an annual limit subject to 
subsections (b) and (c).
 "Mental, emotional, nervous, or substance use disorder or 
condition" means a condition or disorder that involves a 
mental health condition or substance use disorder that falls 
under any of the diagnostic categories listed in the mental 
and behavioral disorders chapter of the current edition of the 
International Classification of Disease or that is listed in 
the most recent version of the Diagnostic and Statistical 
Manual of Mental Disorders. 
 "Treatment limitation" includes limits on benefits based 
on the frequency of treatment, number of visits, days of 
coverage, days in a waiting period, or other similar limits on 
the scope or duration of treatment. "Treatment limitation" 
includes both quantitative treatment limitations, which are 
expressed numerically (such as 50 outpatient visits per year), 
and nonquantitative treatment limitations, which otherwise 
limit the scope or duration of treatment. A permanent 
exclusion of all benefits for a particular condition or 
disorder shall not be considered a treatment limitation. 
"Nonquantitative treatment" means those limitations as 
described under federal regulations (26 CFR 54.9812-1). 
"Nonquantitative treatment limitations" include, but are not 
limited to, those limitations described under federal 
regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR 
146.136. 

 (h) The Department of Insurance shall implement the 
following education initiatives:
  (1) By January 1, 2016, the Department shall develop a 
 plan for a Consumer Education Campaign on parity. The 
 Consumer Education Campaign shall focus its efforts 
 throughout the State and include trainings in the 
 northern, southern, and central regions of the State, as 
 defined by the Department, as well as each of the 5 managed 
 care regions of the State as identified by the Department 
 of Healthcare and Family Services. Under this Consumer 
 Education Campaign, the Department shall: (1) by January 
 1, 2017, provide at least one live training in each region 
 on parity for consumers and providers and one webinar 
 training to be posted on the Department website and (2) 
 establish a consumer hotline to assist consumers in 
 navigating the parity process by March 1, 2017. By January 
 1, 2018 the Department shall issue a report to the General 
 Assembly on the success of the Consumer Education 
 Campaign, which shall indicate whether additional training 
 is necessary or would be recommended.
  (2) The Department, in coordination with the 
 Department of Human Services and the Department of 
 Healthcare and Family Services, shall convene a working 
 group of health care insurance carriers, mental health 
 advocacy groups, substance abuse patient advocacy groups, 
 and mental health physician groups for the purpose of 
 discussing issues related to the treatment and coverage of 
 mental, emotional, nervous, or substance use disorders or 
 conditions and compliance with parity obligations under 
 State and federal law. Compliance shall be measured, 
 tracked, and shared during the meetings of the working 
 group. The working group shall meet once before January 1, 
 2016 and shall meet semiannually thereafter. The 
 Department shall issue an annual report to the General 
 Assembly that includes a list of the health care insurance 
 carriers, mental health advocacy groups, substance abuse 
 patient advocacy groups, and mental health physician 
 groups that participated in the working group meetings, 
 details on the issues and topics covered, and any 
 legislative recommendations developed by the working 
 group.
  (3) Not later than January 1 of each year, the 
 Department, in conjunction with the Department of 
 Healthcare and Family Services, shall issue a joint report 
 to the General Assembly and provide an educational 
 presentation to the General Assembly. The report and 
 presentation shall: 
   (A) Cover the methodology the Departments use to 
 check for compliance with the federal Paul Wellstone 
 and Pete Domenici Mental Health Parity and Addiction 
 Equity Act of 2008, 42 U.S.C. 18031(j), and any 
 federal regulations or guidance relating to the 
 compliance and oversight of the federal Paul Wellstone 
 and Pete Domenici Mental Health Parity and Addiction 
 Equity Act of 2008 and 42 U.S.C. 18031(j).
   (B) Cover the methodology the Departments use to 
 check for compliance with this Section and Sections 
 356z.23 and 370c of this Code.
   (C) Identify market conduct examinations or, in 
 the case of the Department of Healthcare and Family 
 Services, audits conducted or completed during the 
 preceding 12-month period regarding compliance with 
 parity in mental, emotional, nervous, and substance 
 use disorder or condition benefits under State and 
 federal laws and summarize the results of such market 
 conduct examinations and audits. This shall include: 
    (i) the number of market conduct examinations 
 and audits initiated and completed;
    (ii) the benefit classifications examined by 
 each market conduct examination and audit;
    (iii) the subject matter of each market 
 conduct examination and audit, including 
 quantitative and nonquantitative treatment 
 limitations; and
    (iv) a summary of the basis for the final 
 decision rendered in each market conduct 
 examination and audit.
   Individually identifiable information shall be 
 excluded from the reports consistent with federal 
 privacy protections.
   (D) Detail any educational or corrective actions 
 the Departments have taken to ensure compliance with 
 the federal Paul Wellstone and Pete Domenici Mental 
 Health Parity and Addiction Equity Act of 2008, 42 
 U.S.C. 18031(j), this Section, and Sections 356z.23 
 and 370c of this Code.
   (E) The report must be written in non-technical, 
 readily understandable language and shall be made 
 available to the public by, among such other means as 
 the Departments find appropriate, posting the report 
 on the Departments' websites. 
 (i) The Parity Advancement Fund is created as a special 
fund in the State treasury. Moneys from fines and penalties 
collected from insurers for violations of this Section shall 
be deposited into the Fund. Moneys deposited into the Fund for 
appropriation by the General Assembly to the Department shall 
be used for the purpose of providing financial support of the 
Consumer Education Campaign, parity compliance advocacy, and 
other initiatives that support parity implementation and 
enforcement on behalf of consumers. 
 (j) The Department of Insurance and the Department of 
Healthcare and Family Services shall convene and provide 
technical support to a workgroup of 11 members that shall be 
comprised of 3 mental health parity experts recommended by an 
organization advocating on behalf of mental health parity 
appointed by the President of the Senate; 3 behavioral health 
providers recommended by an organization that represents 
behavioral health providers appointed by the Speaker of the 
House of Representatives; 2 representing Medicaid managed care 
organizations recommended by an organization that represents 
Medicaid managed care plans appointed by the Minority Leader 
of the House of Representatives; 2 representing commercial 
insurers recommended by an organization that represents 
insurers appointed by the Minority Leader of the Senate; and a 
representative of an organization that represents Medicaid 
managed care plans appointed by the Governor. 
 The workgroup shall provide recommendations to the General 
Assembly on health plan data reporting requirements that 
separately break out data on mental, emotional, nervous, or 
substance use disorder or condition benefits and data on other 
medical benefits, including physical health and related health 
services no later than December 31, 2019. The recommendations 
to the General Assembly shall be filed with the Clerk of the 
House of Representatives and the Secretary of the Senate in 
electronic form only, in the manner that the Clerk and the 
Secretary shall direct. This workgroup shall take into account 
federal requirements and recommendations on mental health 
parity reporting for the Medicaid program. This workgroup 
shall also develop the format and provide any needed 
definitions for reporting requirements in subsection (k). The 
research and evaluation of the working group shall include, 
but not be limited to: 
  (1) claims denials due to benefit limits, if 
 applicable; 
  (2) administrative denials for no prior authorization;
  (3) denials due to not meeting medical necessity;
  (4) denials that went to external review and whether 
 they were upheld or overturned for medical necessity;
  (5) out-of-network claims;
  (6) emergency care claims;
  (7) network directory providers in the outpatient 
 benefits classification who filed no claims in the last 6 
 months, if applicable;
  (8) the impact of existing and pertinent limitations 
 and restrictions related to approved services, licensed 
 providers, reimbursement levels, and reimbursement 
 methodologies within the Division of Mental Health, the 
 Division of Substance Use Prevention and Recovery 
 programs, the Department of Healthcare and Family 
 Services, and, to the extent possible, federal regulations 
 and law; and
  (9) when reporting and publishing should begin. 
 Representatives from the Department of Healthcare and 
Family Services, representatives from the Division of Mental 
Health, and representatives from the Division of Substance Use 
Prevention and Recovery shall provide technical advice to the 
workgroup. 
 (k) An insurer that amends, delivers, issues, or renews a 
group or individual policy of accident and health insurance or 
a qualified health plan offered through the health insurance 
marketplace in this State providing coverage for hospital or 
medical treatment and for the treatment of mental, emotional, 
nervous, or substance use disorders or conditions shall submit 
an annual report, the format and definitions for which will be 
developed by the workgroup in subsection (j), to the 
Department, or, with respect to medical assistance, the 
Department of Healthcare and Family Services starting on or 
before July 1, 2020 that contains the following information 
separately for inpatient in-network benefits, inpatient 
out-of-network benefits, outpatient in-network benefits, 
outpatient out-of-network benefits, emergency care benefits, 
and prescription drug benefits in the case of accident and 
health insurance or qualified health plans, or inpatient, 
outpatient, emergency care, and prescription drug benefits in 
the case of medical assistance: 
  (1) A summary of the plan's pharmacy management 
 processes for mental, emotional, nervous, or substance use 
 disorder or condition benefits compared to those for other 
 medical benefits.
  (2) A summary of the internal processes of review for 
 experimental benefits and unproven technology for mental, 
 emotional, nervous, or substance use disorder or condition 
 benefits and those for
other medical benefits.
  (3) A summary of how the plan's policies and 
 procedures for utilization management for mental, 
 emotional, nervous, or substance use disorder or condition 
 benefits compare to those for other medical benefits.
  (4) A description of the process used to develop or 
 select the medical necessity criteria for mental, 
 emotional, nervous, or substance use disorder or condition 
 benefits and the process used to develop or select the 
 medical necessity criteria for medical and surgical 
 benefits. 
  (5) Identification of all nonquantitative treatment 
 limitations that are applied to both mental, emotional, 
 nervous, or substance use disorder or condition benefits 
 and medical and surgical benefits within each 
 classification of benefits.
  (6) The results of an analysis that demonstrates that 
 for the medical necessity criteria described in 
 subparagraph (A) and for each nonquantitative treatment 
 limitation identified in subparagraph (B), as written and 
 in operation, the processes, strategies, evidentiary 
 standards, or other factors used in applying the medical 
 necessity criteria and each nonquantitative treatment 
 limitation to mental, emotional, nervous, or substance use 
 disorder or condition benefits within each classification 
 of benefits are comparable to, and are applied no more 
 stringently than, the processes, strategies, evidentiary 
 standards, or other factors used in applying the medical 
 necessity criteria and each nonquantitative treatment 
 limitation to medical and surgical benefits within the 
 corresponding classification of benefits; at a minimum, 
 the results of the analysis shall:
   (A) identify the factors used to determine that a 
 nonquantitative treatment limitation applies to a 
 benefit, including factors that were considered but 
 rejected;
   (B) identify and define the specific evidentiary 
 standards used to define the factors and any other 
 evidence relied upon in designing each nonquantitative 
 treatment limitation;
   (C) provide the comparative analyses, including 
 the results of the analyses, performed to determine 
 that the processes and strategies used to design each 
 nonquantitative treatment limitation, as written, for 
 mental, emotional, nervous, or substance use disorder 
 or condition benefits are comparable to, and are 
 applied no more stringently than, the processes and 
 strategies used to design each nonquantitative 
 treatment limitation, as written, for medical and 
 surgical benefits;
   (D) provide the comparative analyses, including 
 the results of the analyses, performed to determine 
 that the processes and strategies used to apply each 
 nonquantitative treatment limitation, in operation, 
 for mental, emotional, nervous, or substance use 
 disorder or condition benefits are comparable to, and 
 applied no more stringently than, the processes or 
 strategies used to apply each nonquantitative 
 treatment limitation, in operation, for medical and 
 surgical benefits; and
   (E) disclose the specific findings and conclusions 
 reached by the insurer that the results of the 
 analyses described in subparagraphs (C) and (D) 
 indicate that the insurer is in compliance with this 
 Section and the Mental Health Parity and Addiction 
 Equity Act of 2008 and its implementing regulations, 
 which includes 42 CFR Parts 438, 440, and 457 and 45 
 CFR 146.136 and any other related federal regulations 
 found in the Code of Federal Regulations.
  (7) Any other information necessary to clarify data 
 provided in accordance with this Section requested by the 
 Director, including information that may be proprietary or 
 have commercial value, under the requirements of Section 
 30 of the Viatical Settlements Act of 2009.
 (l) An insurer that amends, delivers, issues, or renews a 
group or individual policy of accident and health insurance or 
a qualified health plan offered through the health insurance 
marketplace in this State providing coverage for hospital or 
medical treatment and for the treatment of mental, emotional, 
nervous, or substance use disorders or conditions on or after 
January 1, 2019 (the effective date of Public Act 100-1024) 
this amendatory Act of the 100th General Assembly shall, in 
advance of the plan year, make available to the Department or, 
with respect to medical assistance, the Department of 
Healthcare and Family Services and to all plan participants 
and beneficiaries the information required in subparagraphs 
(C) through (E) of paragraph (6) of subsection (k). For plan 
participants and medical assistance beneficiaries, the 
information required in subparagraphs (C) through (E) of 
paragraph (6) of subsection (k) shall be made available on a 
publicly-available website whose web address is prominently 
displayed in plan and managed care organization informational 
and marketing materials.
 (m) In conjunction with its compliance examination program 
conducted in accordance with the Illinois State Auditing Act, 
the Auditor General shall undertake a review of
compliance by 
the Department and the Department of Healthcare and Family 
Services with Section 370c and this Section. Any
findings 
resulting from the review conducted under this Section shall 
be included in the applicable State agency's compliance 
examination report. Each compliance examination report shall 
be issued in accordance with Section 3-14 of the Illinois 
State
Auditing Act. A copy of each report shall also be 
delivered to
the head of the applicable State agency and 
posted on the Auditor General's website. 
(Source: P.A. 102-135, eff. 7-23-21; 102-579, eff. 8-25-21; 
revised 10-15-21.)

 Section 430. The Network Adequacy and Transparency Act is 
amended by changing Section 5 as follows:

 (215 ILCS 124/5)

 Sec. 5. Definitions. In this Act:
 "Authorized representative" means a person to whom a 
beneficiary has given express written consent to represent the 
beneficiary; a person authorized by law to provide substituted 
consent for a beneficiary; or the beneficiary's treating 
provider only when the beneficiary or his or her family member 
is unable to provide consent.
 "Beneficiary" means an individual, an enrollee, an 
insured, a participant, or any other person entitled to 
reimbursement for covered expenses of or the discounting of 
provider fees for health care services under a program in 
which the beneficiary has an incentive to utilize the services 
of a provider that has entered into an agreement or 
arrangement with an insurer.
 "Department" means the Department of Insurance.
 "Director" means the Director of Insurance.
 "Family caregiver" means a relative, partner, friend, or 
neighbor who has a significant relationship with the patient 
and administers or assists the patient them with activities of 
daily living, instrumental activities of daily living, or 
other medical or nursing tasks for the quality and welfare of 
that patient. 
 "Insurer" means any entity that offers individual or group 
accident and health insurance, including, but not limited to, 
health maintenance organizations, preferred provider 
organizations, exclusive provider organizations, and other 
plan structures requiring network participation, excluding the 
medical assistance program under the Illinois Public Aid Code, 
the State employees group health insurance program, workers 
compensation insurance, and pharmacy benefit managers.
 "Material change" means a significant reduction in the 
number of providers available in a network plan, including, 
but not limited to, a reduction of 10% or more in a specific 
type of providers, the removal of a major health system that 
causes a network to be significantly different from the 
network when the beneficiary purchased the network plan, or 
any change that would cause the network to no longer satisfy 
the requirements of this Act or the Department's rules for 
network adequacy and transparency.
 "Network" means the group or groups of preferred providers 
providing services to a network plan.
 "Network plan" means an individual or group policy of 
accident and health insurance that either requires a covered 
person to use or creates incentives, including financial 
incentives, for a covered person to use providers managed, 
owned, under contract with, or employed by the insurer.
 "Ongoing course of treatment" means (1) treatment for a 
life-threatening condition, which is a disease or condition 
for which likelihood of death is probable unless the course of 
the disease or condition is interrupted; (2) treatment for a 
serious acute condition, defined as a disease or condition 
requiring complex ongoing care that the covered person is 
currently receiving, such as chemotherapy, radiation therapy, 
or post-operative visits; (3) a course of treatment for a 
health condition that a treating provider attests that 
discontinuing care by that provider would worsen the condition 
or interfere with anticipated outcomes; or (4) the third 
trimester of pregnancy through the post-partum period.
 "Preferred provider" means any provider who has entered, 
either directly or indirectly, into an agreement with an 
employer or risk-bearing entity relating to health care 
services that may be rendered to beneficiaries under a network 
plan.
 "Providers" means physicians licensed to practice medicine 
in all its branches, other health care professionals, 
hospitals, or other health care institutions that provide 
health care services.
 "Telehealth" has the meaning given to that term in Section 
356z.22 of the Illinois Insurance Code.
 "Telemedicine" has the meaning given to that term in 
Section 49.5 of the Medical Practice Act of 1987.
 "Tiered network" means a network that identifies and 
groups some or all types of provider and facilities into 
specific groups to which different provider reimbursement, 
covered person cost-sharing or provider access requirements, 
or any combination thereof, apply for the same services.
 "Woman's principal health care provider" means a physician 
licensed to practice medicine in all of its branches 
specializing in obstetrics, gynecology, or family practice.

(Source: P.A. 102-92, eff. 7-9-21; revised 10-5-21.)

 Section 435. The Health Maintenance Organization Act is 
amended by changing Section 5-3 as follows:



 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)


 Sec. 5-3. Insurance Code provisions. 

 (a) Health Maintenance Organizations
shall be subject to 
the provisions of Sections 133, 134, 136, 137, 139, 140, 
141.1,
141.2, 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 
154, 154.5, 154.6,
154.7, 154.8, 155.04, 155.22a, 355.2, 
355.3, 355b, 356g.5-1, 356m, 356q, 356v, 356w, 356x, 356y,

356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 
356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 
356z.30, 356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, 
356z.40, 356z.41, 356z.43, 356z.46, 356z.47, 356z.48, 356z.50, 
356z.51, 364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 
368d, 368e, 370c,
370c.1, 401, 401.1, 402, 403, 403A,
408, 
408.2, 409, 412, 444,
and
444.1,
paragraph (c) of subsection 
(2) of Section 367, and Articles IIA, VIII 1/2,
XII,
XII 1/2, 
XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois 
Insurance Code.

 (b) For purposes of the Illinois Insurance Code, except 
for Sections 444
and 444.1 and Articles XIII and XIII 1/2, 
Health Maintenance Organizations in
the following categories 
are deemed to be "domestic companies":

  (1) a corporation authorized under the
Dental Service 
 Plan Act or the Voluntary Health Services Plans Act;

  (2) a corporation organized under the laws of this 
 State; or

  (3) a corporation organized under the laws of another 
 state, 30% or more
of the enrollees of which are residents 
 of this State, except a
corporation subject to 
 substantially the same requirements in its state of

 organization as is a "domestic company" under Article VIII 
 1/2 of the
Illinois Insurance Code.

 (c) In considering the merger, consolidation, or other 
acquisition of
control of a Health Maintenance Organization 
pursuant to Article VIII 1/2
of the Illinois Insurance Code,

  (1) the Director shall give primary consideration to 
 the continuation of
benefits to enrollees and the 
 financial conditions of the acquired Health
Maintenance 
 Organization after the merger, consolidation, or other

 acquisition of control takes effect;

  (2)(i) the criteria specified in subsection (1)(b) of 
 Section 131.8 of
the Illinois Insurance Code shall not 
 apply and (ii) the Director, in making
his determination 
 with respect to the merger, consolidation, or other

 acquisition of control, need not take into account the 
 effect on
competition of the merger, consolidation, or 
 other acquisition of control;

  (3) the Director shall have the power to require the 
 following
information:

   (A) certification by an independent actuary of the 
 adequacy
of the reserves of the Health Maintenance 
 Organization sought to be acquired;

   (B) pro forma financial statements reflecting the 
 combined balance
sheets of the acquiring company and 
 the Health Maintenance Organization sought
to be 
 acquired as of the end of the preceding year and as of 
 a date 90 days
prior to the acquisition, as well as pro 
 forma financial statements
reflecting projected 
 combined operation for a period of 2 years;

   (C) a pro forma business plan detailing an 
 acquiring party's plans with
respect to the operation 
 of the Health Maintenance Organization sought to
be 
 acquired for a period of not less than 3 years; and

   (D) such other information as the Director shall 
 require.

 (d) The provisions of Article VIII 1/2 of the Illinois 
Insurance Code
and this Section 5-3 shall apply to the sale by 
any health maintenance
organization of greater than 10% of its

enrollee population (including without limitation the health 
maintenance
organization's right, title, and interest in and 
to its health care
certificates).

 (e) In considering any management contract or service 
agreement subject
to Section 141.1 of the Illinois Insurance 
Code, the Director (i) shall, in
addition to the criteria 
specified in Section 141.2 of the Illinois
Insurance Code, 
take into account the effect of the management contract or

service agreement on the continuation of benefits to enrollees 
and the
financial condition of the health maintenance 
organization to be managed or
serviced, and (ii) need not take 
into account the effect of the management
contract or service 
agreement on competition.

 (f) Except for small employer groups as defined in the 
Small Employer
Rating, Renewability and Portability Health 
Insurance Act and except for
medicare supplement policies as 
defined in Section 363 of the Illinois
Insurance Code, a 
Health Maintenance Organization may by contract agree with a

group or other enrollment unit to effect refunds or charge 
additional premiums
under the following terms and conditions:

  (i) the amount of, and other terms and conditions with 
 respect to, the
refund or additional premium are set forth 
 in the group or enrollment unit
contract agreed in advance 
 of the period for which a refund is to be paid or

 additional premium is to be charged (which period shall 
 not be less than one
year); and

  (ii) the amount of the refund or additional premium 
 shall not exceed 20%
of the Health Maintenance 
 Organization's profitable or unprofitable experience
with 
 respect to the group or other enrollment unit for the 
 period (and, for
purposes of a refund or additional 
 premium, the profitable or unprofitable
experience shall 
 be calculated taking into account a pro rata share of the

 Health Maintenance Organization's administrative and 
 marketing expenses, but
shall not include any refund to be 
 made or additional premium to be paid
pursuant to this 
 subsection (f)). The Health Maintenance Organization and 
 the
group or enrollment unit may agree that the profitable 
 or unprofitable
experience may be calculated taking into 
 account the refund period and the
immediately preceding 2 
 plan years.

 The Health Maintenance Organization shall include a 
statement in the
evidence of coverage issued to each enrollee 
describing the possibility of a
refund or additional premium, 
and upon request of any group or enrollment unit,
provide to 
the group or enrollment unit a description of the method used 
to
calculate (1) the Health Maintenance Organization's 
profitable experience with
respect to the group or enrollment 
unit and the resulting refund to the group
or enrollment unit 
or (2) the Health Maintenance Organization's unprofitable

experience with respect to the group or enrollment unit and 
the resulting
additional premium to be paid by the group or 
enrollment unit.

 In no event shall the Illinois Health Maintenance 
Organization
Guaranty Association be liable to pay any 
contractual obligation of an
insolvent organization to pay any 
refund authorized under this Section.

 (g) Rulemaking authority to implement Public Act 95-1045, 
if any, is conditioned on the rules being adopted in 
accordance with all provisions of the Illinois Administrative 
Procedure Act and all rules and procedures of the Joint 
Committee on Administrative Rules; any purported rule not so 
adopted, for whatever reason, is unauthorized. 
(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 
101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff. 
1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, 
eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; 
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 
1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, 
eff. 10-8-21; revised 10-27-21.)

 Section 440. The Limited Health Service Organization Act 
is amended by changing Section 4003 as follows:



 (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)


 Sec. 4003. Illinois Insurance Code provisions. Limited 
health service
organizations shall be subject to the 
provisions of Sections 133, 134, 136, 137, 139,
140, 141.1, 
141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 
154.5,
154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 
355b, 356q, 356v, 356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 
356z.29, 356z.30a, 356z.32, 356z.33, 356z.41, 356z.46, 
356z.47, 356z.51, 356z.43, 368a, 401, 401.1,
402,
403, 403A, 
408,
408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII 
1/2, XII, XII 1/2,
XIII,
XIII 1/2, XXV, and XXVI of the 
Illinois Insurance Code. For purposes of the
Illinois 
Insurance Code, except for Sections 444 and 444.1 and Articles 
XIII
and XIII 1/2, limited health service organizations in the 
following categories
are deemed to be domestic companies:

  (1) a corporation under the laws of this State; or

  (2) a corporation organized under the laws of another 
 state, 30% or more
of the enrollees of which are residents 
 of this State, except a corporation
subject to 
 substantially the same requirements in its state of 
 organization as
is a domestic company under Article VIII 
 1/2 of the Illinois Insurance Code.

(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; 
101-393, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 
1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, 
eff. 1-1-22; revised 10-27-21.)


 Section 445. The Voluntary Health Services Plans Act is 
amended by changing Section 10 as follows:



 (215 ILCS 165/10) (from Ch. 32, par. 604)

 Sec. 10. Application of Insurance Code provisions. Health 
services
plan corporations and all persons interested therein 
or dealing therewith
shall be subject to the provisions of 
Articles IIA and XII 1/2 and Sections
3.1, 133, 136, 139, 140, 
143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 
356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v,
356w, 
356x, 356y, 356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 
356z.8, 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 
356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 
356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, 356z.40, 
356z.41, 356z.46, 356z.47, 356z.51, 356z.43, 364.01, 367.2, 
368a, 401, 401.1,
402,
403, 403A, 408,
408.2, and 412, and 
paragraphs (7) and (15) of Section 367 of the Illinois

Insurance Code.

 Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 
101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff. 
1-1-21; 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, 
eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 
revised 10-27-21.)

 Section 450. The Public Utilities Act is amended by 
changing Section 8-406 as follows:

 (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
 Sec. 8-406. Certificate of public convenience and 
necessity. 
 (a) No public utility not owning any city or village

franchise nor engaged in performing any public service or in 
furnishing any
product or commodity within this State as of 
July 1, 1921 and not
possessing a certificate of
public 
convenience and necessity from the Illinois Commerce 
Commission,
the State Public Utilities Commission, or
the 
Public Utilities Commission, at the time Public Act 84-617 
this amendatory Act of 1985 goes
into effect (January 1, 
1986), shall transact any business in this State until it 
shall have
obtained a certificate from the Commission that 
public convenience and
necessity require the transaction of 
such business. A certificate of public convenience and 
necessity requiring the transaction of public utility business 
in any area of this State shall include authorization to the 
public utility receiving the certificate of public convenience 
and necessity to construct such plant, equipment, property, or 
facility as is provided for under the terms and conditions of 
its tariff and as is necessary to provide utility service and 
carry out the transaction of public utility business by the 
public utility in the designated area.
 (b) No public utility shall begin the construction of any 
new plant,
equipment, property, or facility which is not in 
substitution of any
existing plant, equipment, property, or 
facility, or any extension or
alteration thereof or in 
addition thereto,
unless and until it shall have obtained from 
the
Commission a certificate that public convenience and 
necessity require such
construction. Whenever after a hearing 
the Commission determines that any
new construction or the 
transaction of any business by a public utility will
promote 
the public convenience and is necessary thereto, it shall have 
the
power to issue certificates of public convenience and 
necessity. The
Commission shall determine that proposed 
construction will promote the
public convenience and necessity 
only if the utility demonstrates: (1) that the
proposed 
construction is necessary to provide adequate, reliable, and

efficient service to its customers and is the
least-cost means 
of
satisfying the service needs of its customers or that the 
proposed construction will promote the development of an 
effectively competitive electricity market that operates 
efficiently, is equitable to all customers, and is the least 
cost means of satisfying those objectives;
(2) that the 
utility is capable of efficiently managing and
supervising the 
construction process and has taken sufficient action to
ensure 
adequate and efficient construction and supervision thereof; 
and (3)
that the utility is capable of financing the proposed 
construction without
significant adverse financial 
consequences for the utility or its
customers.
 (b-5) As used in this subsection (b-5):
 "Qualifying direct current applicant" means an entity that 
seeks to provide direct current bulk transmission service for 
the purpose of transporting electric energy in interstate 
commerce.
 "Qualifying direct current project" means a high voltage 
direct current electric service line that crosses at least one 
Illinois border, the Illinois portion of which is physically 
located within the region of the Midcontinent Independent 
System Operator, Inc., or its successor organization, and runs 
through the counties of Pike, Scott, Greene, Macoupin, 
Montgomery, Christian, Shelby, Cumberland, and Clark, is 
capable of transmitting electricity at voltages of 345 
kilovolts 345kv or above, and may also include associated 
interconnected alternating current interconnection facilities 
in this State that are part of the proposed project and 
reasonably necessary to connect the project with other 
portions of the grid.
 Notwithstanding any other provision of this Act, a 
qualifying direct current applicant that does not own, 
control, operate, or manage, within this State, any plant, 
equipment, or property used or to be used for the transmission 
of electricity at the time of its application or of the 
Commission's order may file an application on or before 
December 31, 2023 with the Commission pursuant to this Section 
or Section 8-406.1 for, and the Commission may grant, a 
certificate of public convenience and necessity to construct, 
operate, and maintain a qualifying direct current project. The 
qualifying direct current applicant may also include in the 
application requests for authority under Section 8-503. The 
Commission shall grant the application for a certificate of 
public convenience and necessity and requests for authority 
under Section 8-503 if it finds that the qualifying direct 
current applicant and the proposed qualifying direct current 
project satisfy the requirements of this subsection and 
otherwise satisfy the criteria of this Section or Section 
8-406.1 and the criteria of Section 8-503, as applicable to 
the application and to the extent such criteria are not 
superseded by the provisions of this subsection. The 
Commission's order on the application for the certificate of 
public convenience and necessity shall also include the 
Commission's findings and determinations on the request or 
requests for authority pursuant to Section 8-503. Prior to 
filing its application under either this Section or Section 
8-406.1, the qualifying direct current applicant shall conduct 
3 public meetings in accordance with subsection (h) of this 
Section. If the qualifying direct current applicant 
demonstrates in its application that the proposed qualifying 
direct current project is designed to deliver electricity to a 
point or points on the electric transmission grid in either or 
both the PJM Interconnection, LLC or the Midcontinent 
Independent System Operator, Inc., or their respective 
successor organizations, the proposed qualifying direct 
current project shall be deemed to be, and the Commission 
shall find it to be, for public use. If the qualifying direct 
current applicant further demonstrates in its application that 
the proposed transmission project has a capacity of 1,000 
megawatts or larger and a voltage level of 345 kilovolts or 
greater, the proposed transmission project shall be deemed to 
satisfy, and the Commission shall find that it satisfies, the 
criteria stated in item (1) of subsection (b) of this Section 
or in paragraph (1) of subsection (f) of Section 8-406.1, as 
applicable to the application, without the taking of 
additional evidence on these criteria. Prior to the transfer 
of functional control of any transmission assets to a regional 
transmission organization, a qualifying direct current 
applicant shall request Commission approval to join a regional 
transmission organization in an application filed pursuant to 
this subsection (b-5) or separately pursuant to Section 7-102 
of this Act. The Commission may grant permission to a 
qualifying direct current applicant to join a regional 
transmission organization if it finds that the membership, and 
associated transfer of functional control of transmission 
assets, benefits Illinois customers in light of the attendant 
costs and is otherwise in the public interest. Nothing in this 
subsection (b-5) requires a qualifying direct current 
applicant to join a regional transmission organization. 
Nothing in this subsection (b-5) requires the owner or 
operator of a high voltage direct current transmission line 
that is not a qualifying direct current project to obtain a 
certificate of public convenience and necessity to the extent 
it is not otherwise required by this Section 8-406 or any other 
provision of this Act. 
 (c) After September 11, 1987 (the effective date of Public 
Act 85-377) this amendatory Act of 1987, no
construction shall 
commence on any new nuclear
power plant to be located within 
this State, and no certificate of public
convenience and 
necessity or other authorization shall be issued therefor
by 
the Commission, until the Director of the Illinois 
Environmental
Protection Agency finds that the United States 
Government, through its
authorized agency, has identified and 
approved a demonstrable technology or
means for the disposal 
of high level nuclear waste, or until such
construction has 
been specifically approved by a statute enacted by the General

Assembly.
 As used in this Section, "high level nuclear waste" means 
those aqueous
wastes resulting from the operation of the first 
cycle of the solvent
extraction system or equivalent and the 
concentrated wastes of the
subsequent extraction cycles or 
equivalent in a facility for reprocessing
irradiated reactor 
fuel and shall include spent fuel assemblies prior to
fuel 
reprocessing.
 (d) In making its determination under subsection (b) of 
this Section, the Commission shall attach primary
weight to 
the cost or cost savings to the customers of the utility. The

Commission may consider any or all factors which will or may 
affect such
cost or cost savings, including the public 
utility's engineering judgment regarding the materials used 
for construction.
 (e) The Commission may issue a temporary certificate which 
shall remain
in force not to exceed one year in cases of 
emergency, to assure maintenance
of adequate service or to 
serve particular customers, without notice or
hearing, pending 
the determination of an application for a certificate, and
may 
by regulation exempt from the requirements of this Section 
temporary
acts or operations for which the issuance of a 
certificate will not be
required in the public interest.
 A public utility shall not be required to obtain but may 
apply for and
obtain a certificate of public convenience and 
necessity pursuant to this
Section with respect to any matter 
as to which it has received the
authorization or order of the 
Commission under the Electric Supplier Act,
and any such 
authorization or order granted a public utility by the

Commission under that Act shall as between public utilities be 
deemed to
be, and shall have except as provided in that Act the 
same force and effect
as, a certificate of public convenience 
and necessity issued pursuant to this
Section.
 No electric cooperative shall be made or shall become a 
party to or shall
be entitled to be heard or to otherwise 
appear or participate in any
proceeding initiated under this 
Section for authorization of power plant
construction and as 
to matters as to which a remedy is available under the
Electric 
Supplier Act.
 (f) Such certificates may be altered or modified by the 
Commission, upon
its own motion or upon application by the 
person or corporation affected.
Unless exercised within a 
period of 2 years from the grant thereof,
authority conferred 
by a certificate of convenience and necessity issued by
the 
Commission shall be null and void.
 No certificate of public convenience and necessity shall 
be construed as
granting a monopoly or an exclusive privilege, 
immunity or franchise.
 (g) A public utility that undertakes any of the actions 
described in items (1) through (3) of this subsection (g) or 
that has obtained approval pursuant to Section 8-406.1 of this 
Act shall not be required to comply with the requirements of 
this Section to the extent such requirements otherwise would 
apply. For purposes of this Section and Section 8-406.1 of 
this Act, "high voltage electric service line" means an 
electric line having a design voltage of 100,000 or more. For 
purposes of this subsection (g), a public utility may do any of 
the following:
  (1) replace or upgrade any existing high voltage 
 electric service line and related facilities, 
 notwithstanding its length;
  (2) relocate any existing high voltage electric 
 service line and related facilities, notwithstanding its 
 length, to accommodate construction or expansion of a 
 roadway or other transportation infrastructure; or
  (3) construct a high voltage electric service line and 
 related facilities that is constructed solely to serve a 
 single customer's premises or to provide a generator 
 interconnection to the public utility's transmission 
 system and that will pass under or over the premises owned 
 by the customer or generator to be served or under or over 
 premises for which the customer or generator has secured 
 the necessary right of way. 
 (h) A public utility seeking to construct a high-voltage 
electric service line and related facilities (Project) must 
show that the utility has held a minimum of 2 pre-filing public 
meetings to receive public comment concerning the Project in 
each county where the Project is to be located, no earlier than 
6 months prior to filing an application for a certificate of 
public convenience and necessity from the Commission. Notice 
of the public meeting shall be published in a newspaper of 
general circulation within the affected county once a week for 
3 consecutive weeks, beginning no earlier than one month prior 
to the first public meeting. If the Project traverses 2 
contiguous counties and where in one county the transmission 
line mileage and number of landowners over whose property the 
proposed route traverses is one-fifth or less of the 
transmission line mileage and number of such landowners of the 
other county, then the utility may combine the 2 pre-filing 
meetings in the county with the greater transmission line 
mileage and affected landowners. All other requirements 
regarding pre-filing meetings shall apply in both counties. 
Notice of the public meeting, including a description of the 
Project, must be provided in writing to the clerk of each 
county where the Project is to be located. A representative of 
the Commission shall be invited to each pre-filing public 
meeting.
 (i) For applications filed after August 18, 2015 (the 
effective date of Public Act 99-399) this amendatory Act of 
the 99th General Assembly, the Commission shall by registered 
mail notify each owner of record of land, as identified in the 
records of the relevant county tax assessor, included in the 
right-of-way over which the utility seeks in its application 
to construct a high-voltage electric line of the time and 
place scheduled for the initial hearing on the public 
utility's application. The utility shall reimburse the 
Commission for the cost of the postage and supplies incurred 
for mailing the notice.
(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21; 
revised 10-21-21.)

 Section 455. The Health Care Worker Background Check Act 
is amended by changing Section 15 as follows:



 (225 ILCS 46/15)



 Sec. 15. Definitions. In this Act:

 "Applicant" means an individual enrolling in a training 
program, seeking employment, whether paid or on a volunteer 
basis, with a health care
employer who has received a bona fide 
conditional offer of employment.

 "Conditional offer of employment" means a bona fide offer 
of employment by a
health care employer to an applicant, which 
is contingent upon the receipt of a
report from the Department 
of Public Health indicating that the applicant does
not have a 
record of conviction of any of the criminal offenses 
enumerated in
Section 25.

 "Department" means the Department of Public Health. 
 "Direct care" means the provision of nursing care or 
assistance with feeding,
dressing, movement, bathing, 
toileting, or other personal needs, including home services as 
defined in the Home Health, Home Services, and Home Nursing 
Agency Licensing Act. The entity
responsible for inspecting 
and licensing, certifying, or registering the
health care 
employer may, by administrative rule, prescribe guidelines for

interpreting this definition with regard to the health care 
employers that it
licenses.

 "Director" means the Director of Public Health. 
 "Disqualifying offenses" means those offenses set forth in 
Section 25 of this Act.
 "Employee" means any individual hired, employed, or 
retained, whether paid or on a volunteer basis, to which this 
Act applies.
 "Finding" means the Department's determination of whether 
an allegation is verified and substantiated. 
 "Fingerprint-based criminal history records check" means a 
livescan fingerprint-based criminal history records check 
submitted as a fee applicant inquiry in the form and manner 
prescribed by the Illinois State Police.

 "Health care employer" means:

  (1) the owner or licensee of any of the
following:

   (i) a community living facility, as defined in the 
 Community Living
Facilities Licensing Act;

   (ii) a life care facility, as defined in the Life 
 Care Facilities Act;

   (iii) a long-term care facility;

   (iv) a home health agency, home services agency, 
 or home nursing agency as defined in the Home Health, 
 Home Services, and Home Nursing Agency Licensing
Act;

   (v) a hospice care program or volunteer hospice 
 program, as defined in the Hospice Program Licensing 
 Act;

   (vi) a hospital, as defined in the Hospital 
 Licensing Act;

   (vii) (blank);

   (viii) a nurse agency, as defined in the Nurse 
 Agency Licensing Act;

   (ix) a respite care provider, as defined in the 
 Respite Program Act;

   (ix-a) an establishment licensed under the 
 Assisted Living and Shared
Housing Act;

   (x) a supportive living program, as defined in the 
 Illinois Public Aid
Code;

   (xi) early childhood intervention programs as 
 described in 59 Ill. Adm.
Code 121;

   (xii) the University of Illinois Hospital, 
 Chicago;

   (xiii) programs funded by the Department on Aging 
 through the Community
Care Program;

   (xiv) programs certified to participate in the 
 Supportive Living Program
authorized pursuant to 
 Section 5-5.01a of the Illinois Public Aid Code;

   (xv) programs listed by the Emergency Medical 
 Services (EMS) Systems Act
as
Freestanding Emergency 
 Centers;

   (xvi) locations licensed under the Alternative 
 Health Care Delivery
Act;

  (2) a day training program certified by the Department 
 of Human Services;


  (3) a community integrated living arrangement operated 
 by a community
mental health and developmental service 
 agency, as defined in the
Community-Integrated Living 
 Arrangements Licensure Licensing and Certification Act;

  (4) the State Long Term Care Ombudsman Program, 
 including any regional long term care ombudsman programs 
 under Section 4.04 of the Illinois Act on the Aging, only 
 for the purpose of securing background checks; or

  (5) the Department of Corrections or a third-party 
 vendor employing certified nursing assistants working with 
 the Department of Corrections. 
 "Initiate" means obtaining from
a student, applicant, or 
employee his or her social security number, demographics, a 
disclosure statement, and an authorization for the Department 
of Public Health or its designee to request a 
fingerprint-based criminal history records check; transmitting 
this information electronically to the Department of Public 
Health; conducting Internet searches on certain web sites, 
including without limitation the Illinois Sex Offender 
Registry, the Department of Corrections' Sex Offender Search 
Engine, the Department of Corrections' Inmate Search Engine, 
the Department of Corrections Wanted Fugitives Search Engine, 
the National Sex Offender Public Registry, and the List of 
Excluded Individuals and Entities database on the website of 
the Health and Human Services Office of Inspector General to 
determine if the applicant has been adjudicated a sex 
offender, has been a prison inmate, or has committed Medicare 
or Medicaid fraud, or conducting similar searches as defined 
by rule; and having the student, applicant, or employee's 
fingerprints collected and transmitted electronically to the 
Illinois State Police.

 "Livescan vendor" means an entity whose equipment has been 
certified by the Illinois State Police to collect an 
individual's demographics and inkless fingerprints and, in a 
manner prescribed by the Illinois State Police and the 
Department of Public Health, electronically transmit the 
fingerprints and required data to the Illinois State Police 
and a daily file of required data to the Department of Public 
Health. The Department of Public Health shall negotiate a 
contract with one or more vendors that effectively demonstrate 
that the vendor has 2 or more years of experience transmitting 
fingerprints electronically to the Illinois State Police and 
that the vendor can successfully transmit the required data in 
a manner prescribed by the Department of Public Health. Vendor 
authorization may be further defined by administrative rule.

 "Long-term care facility" means a facility licensed by the 
State or certified under federal law as a long-term care 
facility, including without limitation facilities licensed 
under the Nursing Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, the ID/DD Community Care Act, or 
the MC/DD Act, a supportive living facility, an assisted 
living establishment, or a shared housing establishment or 
registered as a board and care home.

 "Resident" means a person, individual, or patient under 
the direct care of a health care employer or who has been 
provided goods or services by a health care employer. 
(Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21; 
102-503, eff. 8-20-21; 102-538, eff. 8-20-21; revised 
10-5-21.)


 Section 460. The Massage Licensing Act is amended by 
changing Section 15 as follows:




 (225 ILCS 57/15)



 (Section scheduled to be repealed on January 1, 2027)

 Sec. 15. Licensure requirements. 

 (a) Persons
engaged in massage for
compensation
must be 
licensed by the Department. The Department shall issue a 
license to
an individual who meets all of the following 
requirements:


  (1) The applicant has applied in writing on the 
 prescribed forms and has
paid the
required fees.


  (2) The applicant is at least 18 years of age and of 
 good moral character.
In
determining good
moral character, 
 the Department may take into consideration
conviction of 
 any crime under the laws of the United States or any state 
 or
territory
thereof that is a felony or a misdemeanor or 
 any crime that is directly related
to the practice of the 
 profession.
Such a conviction shall not operate 
 automatically as a complete
bar to a license,
except in 
 the case of any conviction for prostitution, rape, or 
 sexual
misconduct,
or where the applicant is a registered 
 sex offender.


  (3) The applicant has successfully completed a massage 
 therapy program approved by the Department that requires
a 
 minimum
of 500 hours, except applicants applying on or 
 after January 1, 2014 shall meet a minimum requirement of 
 600 hours,
and has
passed a
competency examination

 approved by the Department.

 (b) Each applicant for licensure as a massage therapist 
shall have his or her fingerprints submitted to the Illinois 
State Police in an electronic format that complies with the 
form and manner for requesting and furnishing criminal history 
record information as prescribed by the Illinois State Police. 
These fingerprints shall be checked against the Illinois State 
Police and Federal Bureau of Investigation criminal history 
record databases now and hereafter filed. The Illinois State 
Police shall charge applicants a fee for conducting the 
criminal history records check, which shall be deposited into 
the State Police Services Fund and shall not exceed the actual 
cost of the records check. The Illinois State Police shall 
furnish, pursuant to positive identification, records of 
Illinois convictions to the Department. The Department may 
require applicants to pay a separate fingerprinting fee, 
either to the Department or to a vendor. The Department, in its 
discretion, may allow an applicant who does not have 
reasonable access to a designated vendor to provide his or her 
fingerprints in an alternative manner. The Department may 
adopt any rules necessary to implement this Section.

(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-5-21.)


 Section 465. The Medical Practice Act of 1987 is amended 
by changing Sections 7 and 22 as follows:




 (225 ILCS 60/7) (from Ch. 111, par. 4400-7)

 (Section scheduled to be repealed on January 1, 2023)

 Sec. 7. Medical Disciplinary Board. 

 (A) There is hereby created the Illinois
State Medical 
Disciplinary Board. The Disciplinary Board shall
consist of 11 
members, to be appointed by the Governor by and
with the advice 
and consent of the Senate. All members shall be
residents of 
the State, not more than 6 of whom shall be
members of the same 
political party. All members shall be voting members. Five 
members shall be
physicians licensed to practice medicine in 
all of its
branches in Illinois possessing the degree of 
doctor of
medicine. One member shall be a physician licensed 
to practice medicine in all its branches in Illinois 
possessing the degree of doctor of osteopathy or osteopathic 
medicine. One member shall be a chiropractic physician 
licensed to practice in Illinois and possessing the degree of 
doctor of chiropractic. Four members shall be members of the 
public, who shall not
be engaged in any way, directly or 
indirectly, as providers
of health care.

 (B) Members of the Disciplinary Board shall be appointed

for terms of 4 years. Upon the expiration of the term of
any 
member, his or her successor shall be appointed for a term of
4 
years by the Governor by and with the advice and
consent of the 
Senate. The Governor shall fill any vacancy
for the remainder 
of the unexpired term with the
advice and consent of the 
Senate. Upon recommendation of
the Board, any member of the 
Disciplinary Board may be
removed by the Governor for 
misfeasance, malfeasance, or willful
neglect of duty, after 
notice, and a public hearing,
unless such notice and hearing 
shall be expressly waived in
writing. Each member shall serve 
on the Disciplinary Board
until their successor is appointed 
and qualified. No member
of the Disciplinary Board shall serve 
more than 2
consecutive 4 year terms. 

 In making appointments the Governor shall attempt to

insure that the various social and geographic regions of the

State of Illinois are properly represented.

 In making the designation of persons to act for the

several professions represented on the Disciplinary Board,
the 
Governor shall give due consideration to recommendations
by 
members of the respective professions and by
organizations 
therein.

 (C) The Disciplinary Board shall annually elect one of
its 
voting members as chairperson and one as vice
chairperson. No 
officer shall be elected more than twice
in succession to the 
same office. Each officer shall serve
until their successor 
has been elected and qualified.

 (D) (Blank).

 (E) Six voting members of the Disciplinary Board, at least 
4 of whom are physicians,
shall constitute a quorum. A vacancy 
in the membership of
the Disciplinary Board shall not impair 
the right of a
quorum to exercise all the rights and perform 
all the duties
of the Disciplinary Board. Any action taken by 
the
Disciplinary Board under this Act may be authorized by

resolution at any regular or special meeting and each such

resolution shall take effect immediately. The Disciplinary

Board shall meet at least quarterly.

 (F) Each member, and member-officer, of the
Disciplinary 
Board shall receive a per diem stipend
as the
Secretary shall 
determine. Each member shall be paid their necessary
expenses 
while engaged in the performance of their duties.

 (G) The Secretary shall select a Chief Medical
Coordinator 
and not less than 2 Deputy Medical Coordinators
who shall not

be members of the Disciplinary Board. Each medical
coordinator 
shall be a physician licensed to practice
medicine in all of 
its branches, and the Secretary shall set
their rates of 
compensation. The Secretary shall assign at least
one
medical

coordinator to
a region composed of Cook County and
such other 
counties as the Secretary may deem appropriate,
and such 
medical coordinator or coordinators shall locate their office 
in
Chicago. The Secretary shall assign at least one medical

coordinator to a region composed of the balance of counties
in 
the State, and such medical coordinator or coordinators shall 
locate
their office in Springfield. The Chief Medical 
Coordinator shall be the chief enforcement officer of this 
Act. None of the functions, powers, or duties of the 
Department with respect to policies regarding enforcement or 
discipline under this Act, including the adoption of such 
rules as may be necessary for the administration of this Act, 
shall be exercised by the Department except upon review of the 
Disciplinary Board.

 The Secretary shall employ, in conformity with the

Personnel Code, investigators who are college graduates with 
at least 2
years of investigative experience or one year of 
advanced medical
education. Upon the written request of the 
Disciplinary
Board, the Secretary shall employ, in conformity 
with the
Personnel Code, such other professional, technical,

investigative, and clerical help, either on a full or

part-time basis as the Disciplinary Board deems necessary
for 
the proper performance of its duties.

 (H) Upon the specific request of the Disciplinary
Board, 
signed by either the chairperson, vice chairperson, or a

medical coordinator of the Disciplinary Board, the
Department 
of Human Services, the Department of Healthcare and Family 
Services, the
Illinois State Police, or any other law 
enforcement agency located in this State shall make available 
any and all
information that they have in their possession 
regarding a
particular case then under investigation by the 
Disciplinary
Board.

 (I) Members of the Disciplinary Board shall be immune
from 
suit in any action based upon any disciplinary
proceedings or 
other acts performed in good faith as members
of the 
Disciplinary Board.

 (J) The Disciplinary Board may compile and establish a

statewide roster of physicians and other medical

professionals, including the several medical specialties, of

such physicians and medical professionals, who have agreed
to 
serve from time to time as advisors to the medical

coordinators. Such advisors shall assist the medical

coordinators or the Disciplinary Board in their investigations 
and participation in
complaints against physicians. Such 
advisors shall serve
under contract and shall be reimbursed at 
a reasonable rate for the services
provided, plus reasonable 
expenses incurred.
While serving in this capacity, the 
advisor, for any act
undertaken in good faith and in the 
conduct of his or her duties
under this Section, shall be 
immune from civil suit.

 (K) This Section is inoperative when a majority of the 
Medical Board is appointed. This Section is repealed January 
1, 2023 (one year after the effective date of Public Act 
102-20) this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-20-21.)




 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)


 (Section scheduled to be repealed on January 1, 2027)

 Sec. 22. Disciplinary action. 

 (A) The Department may revoke, suspend, place on 
probation, reprimand, refuse to issue or renew, or take any 
other disciplinary or non-disciplinary action as the 
Department may deem proper
with regard to the license or 
permit of any person issued
under this Act, including imposing 
fines not to exceed $10,000 for each violation, upon any of the 
following grounds:

  (1) (Blank).

  (2) (Blank).

  (3) A plea of guilty or nolo contendere, finding of 
 guilt, jury verdict, or entry of judgment or sentencing, 
 including, but not limited to, convictions, preceding 
 sentences of supervision, conditional discharge, or first 
 offender probation, under the laws of any jurisdiction of 
 the United States of any crime that is a felony.

  (4) Gross negligence in practice under this Act.

  (5) Engaging in dishonorable, unethical, or 
 unprofessional
conduct of a
character likely to deceive, 
 defraud or harm the public.

  (6) Obtaining any fee by fraud, deceit, or

 misrepresentation.

  (7) Habitual or excessive use or abuse of drugs 
 defined in law
as
controlled substances, of alcohol, or of 
 any other substances which results in
the inability to 
 practice with reasonable judgment, skill, or safety.

  (8) Practicing under a false or, except as provided by 
 law, an
assumed
name.

  (9) Fraud or misrepresentation in applying for, or 
 procuring, a
license
under this Act or in connection with 
 applying for renewal of a license under
this Act.

  (10) Making a false or misleading statement regarding 
 their
skill or the
efficacy or value of the medicine, 
 treatment, or remedy prescribed by them at
their direction 
 in the treatment of any disease or other condition of the 
 body
or mind.

  (11) Allowing another person or organization to use 
 their
license, procured
under this Act, to practice.

  (12) Adverse action taken by another state or 
 jurisdiction
against a license
or other authorization to 
 practice as a medical doctor, doctor of osteopathy,
doctor 
 of osteopathic medicine or
doctor of chiropractic, a 
 certified copy of the record of the action taken by
the 
 other state or jurisdiction being prima facie evidence 
 thereof. This includes any adverse action taken by a State 
 or federal agency that prohibits a medical doctor, doctor 
 of osteopathy, doctor of osteopathic medicine, or doctor 
 of chiropractic from providing services to the agency's 
 participants. 

  (13) Violation of any provision of this Act or of the 
 Medical
Practice Act
prior to the repeal of that Act, or 
 violation of the rules, or a final
administrative action 
 of the Secretary, after consideration of the

 recommendation of the Medical Board.

  (14) Violation of the prohibition against fee 
 splitting in Section 22.2 of this Act.

  (15) A finding by the Medical Board that the

 registrant after
having his or her license placed on 
 probationary status or subjected to
conditions or 
 restrictions violated the terms of the probation or failed 
 to
comply with such terms or conditions.

  (16) Abandonment of a patient.

  (17) Prescribing, selling, administering, 
 distributing, giving,
or
self-administering any drug 
 classified as a controlled substance (designated
product) 
 or narcotic for other than medically accepted therapeutic

 purposes.

  (18) Promotion of the sale of drugs, devices, 
 appliances, or
goods provided
for a patient in such manner 
 as to exploit the patient for financial gain of
the 
 physician.

  (19) Offering, undertaking, or agreeing to cure or 
 treat
disease by a secret
method, procedure, treatment, or 
 medicine, or the treating, operating, or
prescribing for 
 any human condition by a method, means, or procedure which 
 the
licensee refuses to divulge upon demand of the 
 Department.

  (20) Immoral conduct in the commission of any act 
 including,
but not limited to, commission of an act of 
 sexual misconduct related to the
licensee's
practice.

  (21) Willfully making or filing false records or 
 reports in his
or her
practice as a physician, including, 
 but not limited to, false records to
support claims 
 against the medical assistance program of the Department 
 of Healthcare and Family Services (formerly Department of

 Public Aid)
under the Illinois Public Aid Code.

  (22) Willful omission to file or record, or willfully 
 impeding
the filing or
recording, or inducing another 
 person to omit to file or record, medical
reports as 
 required by law, or willfully failing to report an 
 instance of
suspected abuse or neglect as required by law.

  (23) Being named as a perpetrator in an indicated 
 report by
the Department
of Children and Family Services 
 under the Abused and Neglected Child Reporting
Act, and 
 upon proof by clear and convincing evidence that the 
 licensee has
caused a child to be an abused child or 
 neglected child as defined in the
Abused and Neglected 
 Child Reporting Act.

  (24) Solicitation of professional patronage by any

 corporation, agents or
persons, or profiting from those 
 representing themselves to be agents of the
licensee.

  (25) Gross and willful and continued overcharging for

 professional services,
including filing false statements 
 for collection of fees for which services are
not 
 rendered, including, but not limited to, filing such false 
 statements for
collection of monies for services not 
 rendered from the medical assistance
program of the 
 Department of Healthcare and Family Services (formerly 
 Department of Public Aid)
under the Illinois Public Aid

 Code.

  (26) A pattern of practice or other behavior which

 demonstrates
incapacity
or incompetence to practice under 
 this Act.

  (27) Mental illness or disability which results in the

 inability to
practice under this Act with reasonable 
 judgment, skill, or safety.

  (28) Physical illness, including, but not limited to,

 deterioration through
the aging process, or loss of motor 
 skill which results in a physician's
inability to practice 
 under this Act with reasonable judgment, skill, or
safety.

  (29) Cheating on or attempting attempt to subvert the 
 licensing
examinations
administered under this Act.

  (30) Willfully or negligently violating the 
 confidentiality
between
physician and patient except as 
 required by law.

  (31) The use of any false, fraudulent, or deceptive 
 statement
in any
document connected with practice under 
 this Act.

  (32) Aiding and abetting an individual not licensed 
 under this
Act in the
practice of a profession licensed 
 under this Act.

  (33) Violating state or federal laws or regulations 
 relating
to controlled
substances, legend
drugs, or 
 ephedra as defined in the Ephedra Prohibition Act.

  (34) Failure to report to the Department any adverse 
 final
action taken
against them by another licensing 
 jurisdiction (any other state or any
territory of the 
 United States or any foreign state or country), by any 
 peer
review body, by any health care institution, by any 
 professional society or
association related to practice 
 under this Act, by any governmental agency, by
any law 
 enforcement agency, or by any court for acts or conduct 
 similar to acts
or conduct which would constitute grounds 
 for action as defined in this
Section.

  (35) Failure to report to the Department surrender of 
 a
license or
authorization to practice as a medical 
 doctor, a doctor of osteopathy, a
doctor of osteopathic 
 medicine, or doctor
of chiropractic in another state or 
 jurisdiction, or surrender of membership on
any medical 
 staff or in any medical or professional association or 
 society,
while under disciplinary investigation by any of 
 those authorities or bodies,
for acts or conduct similar 
 to acts or conduct which would constitute grounds
for 
 action as defined in this Section.

  (36) Failure to report to the Department any adverse 
 judgment,
settlement,
or award arising from a liability 
 claim related to acts or conduct similar to
acts or 
 conduct which would constitute grounds for action as 
 defined in this
Section.

  (37) Failure to provide copies of medical records as 
 required
by law.

  (38) Failure to furnish the Department, its 
 investigators or
representatives, relevant information, 
 legally requested by the Department
after consultation 
 with the Chief Medical Coordinator or the Deputy Medical

 Coordinator.

  (39) Violating the Health Care Worker Self-Referral

 Act.

  (40) Willful failure to provide notice when notice is 
 required
under the
Parental Notice of Abortion Act of 
 1995.

  (41) Failure to establish and maintain records of 
 patient care and
treatment as required by this law.

  (42) Entering into an excessive number of written 
 collaborative
agreements with licensed advanced practice 
 registered nurses resulting in an inability to
adequately 
 collaborate.

  (43) Repeated failure to adequately collaborate with a 
 licensed advanced practice registered nurse.
  (44) Violating the Compassionate Use of Medical 
 Cannabis Program Act. 

  (45) Entering into an excessive number of written 
 collaborative agreements with licensed prescribing 
 psychologists resulting in an inability to adequately 
 collaborate.
  (46) Repeated failure to adequately collaborate with a 
 licensed prescribing psychologist. 
  (47) Willfully failing to report an instance of 
 suspected abuse, neglect, financial exploitation, or 
 self-neglect of an eligible adult as defined in and 
 required by the Adult Protective Services Act.
  (48) Being named as an abuser in a verified report by 
 the Department on Aging under the Adult Protective 
 Services Act, and upon proof by clear and convincing 
 evidence that the licensee abused, neglected, or 
 financially exploited an eligible adult as defined in the 
 Adult Protective Services Act. 
  (49) Entering into an excessive number of written 
 collaborative agreements with licensed physician 
 assistants resulting in an inability to adequately 
 collaborate.
  (50) Repeated failure to adequately collaborate with a 
 physician assistant. 
 Except
for actions involving the ground numbered (26), all 
proceedings to suspend,
revoke, place on probationary status, 
or take any
other disciplinary action as the Department may 
deem proper, with regard to a
license on any of the foregoing 
grounds, must be commenced within 5 years next
after receipt 
by the Department of a complaint alleging the commission of or

notice of the conviction order for any of the acts described 
herein. Except
for the grounds numbered (8), (9), (26), and 
(29), no action shall be commenced more
than 10 years after the 
date of the incident or act alleged to have violated
this 
Section. For actions involving the ground numbered (26), a 
pattern of practice or other behavior includes all incidents 
alleged to be part of the pattern of practice or other behavior 
that occurred, or a report pursuant to Section 23 of this Act 
received, within the 10-year period preceding the filing of 
the complaint. In the event of the settlement of any claim or 
cause of action
in favor of the claimant or the reduction to 
final judgment of any civil action
in favor of the plaintiff, 
such claim, cause of action, or civil action being
grounded on 
the allegation that a person licensed under this Act was 
negligent
in providing care, the Department shall have an 
additional period of 2 years
from the date of notification to 
the Department under Section 23 of this Act
of such settlement 
or final judgment in which to investigate and
commence formal 
disciplinary proceedings under Section 36 of this Act, except

as otherwise provided by law. The time during which the holder 
of the license
was outside the State of Illinois shall not be 
included within any period of
time limiting the commencement 
of disciplinary action by the Department.

 The entry of an order or judgment by any circuit court 
establishing that any
person holding a license under this Act 
is a person in need of mental treatment
operates as a 
suspension of that license. That person may resume his or her

practice only upon the entry of a Departmental order based 
upon a finding by
the Medical Board that the person has been 
determined to be recovered
from mental illness by the court 
and upon the Medical Board's
recommendation that the person be 
permitted to resume his or her practice.

 The Department may refuse to issue or take disciplinary 
action concerning the license of any person
who fails to file a 
return, or to pay the tax, penalty, or interest shown in a

filed return, or to pay any final assessment of tax, penalty, 
or interest, as
required by any tax Act administered by the 
Illinois Department of Revenue,
until such time as the 
requirements of any such tax Act are satisfied as
determined 
by the Illinois Department of Revenue.

 The Department, upon the recommendation of the Medical 
Board, shall
adopt rules which set forth standards to be used 
in determining:

  (a) when a person will be deemed sufficiently 
 rehabilitated to warrant the
public trust;

  (b) what constitutes dishonorable, unethical, or 
 unprofessional conduct of
a character likely to deceive, 
 defraud, or harm the public;

  (c) what constitutes immoral conduct in the commission 
 of any act,
including, but not limited to, commission of 
 an act of sexual misconduct
related
to the licensee's 
 practice; and

  (d) what constitutes gross negligence in the practice 
 of medicine.

 However, no such rule shall be admissible into evidence in 
any civil action
except for review of a licensing or other 
disciplinary action under this Act.

 In enforcing this Section, the Medical Board,
upon a 
showing of a possible violation, may compel any individual who 
is licensed to
practice under this Act or holds a permit to 
practice under this Act, or any individual who has applied for 
licensure or a permit
pursuant to this Act, to submit to a 
mental or physical examination and evaluation, or both,
which 
may include a substance abuse or sexual offender evaluation, 
as required by the Medical Board and at the expense of the 
Department. The Medical Board shall specifically designate the 
examining physician licensed to practice medicine in all of 
its branches or, if applicable, the multidisciplinary team 
involved in providing the mental or physical examination and 
evaluation, or both. The multidisciplinary team shall be led 
by a physician licensed to practice medicine in all of its 
branches and may consist of one or more or a combination of 
physicians licensed to practice medicine in all of its 
branches, licensed chiropractic physicians, licensed clinical 
psychologists, licensed clinical social workers, licensed 
clinical professional counselors, and other professional and 
administrative staff. Any examining physician or member of the 
multidisciplinary team may require any person ordered to 
submit to an examination and evaluation pursuant to this 
Section to submit to any additional supplemental testing 
deemed necessary to complete any examination or evaluation 
process, including, but not limited to, blood testing, 
urinalysis, psychological testing, or neuropsychological 
testing.
The Medical Board or the Department may order the 
examining
physician or any member of the multidisciplinary 
team to provide to the Department or the Medical Board any and 
all records, including business records, that relate to the 
examination and evaluation, including any supplemental testing 
performed. The Medical Board or the Department may order the 
examining physician or any member of the multidisciplinary 
team to present testimony concerning this examination
and 
evaluation of the licensee, permit holder, or applicant, 
including testimony concerning any supplemental testing or 
documents relating to the examination and evaluation. No 
information, report, record, or other documents in any way 
related to the examination and evaluation shall be excluded by 
reason of
any common
law or statutory privilege relating to 
communication between the licensee, permit holder, or

applicant and
the examining physician or any member of the 
multidisciplinary team.
No authorization is necessary from the 
licensee, permit holder, or applicant ordered to undergo an 
evaluation and examination for the examining physician or any 
member of the multidisciplinary team to provide information, 
reports, records, or other documents or to provide any 
testimony regarding the examination and evaluation. The 
individual to be examined may have, at his or her own expense, 
another
physician of his or her choice present during all 
aspects of the examination.
Failure of any individual to 
submit to mental or physical examination and evaluation, or 
both, when
directed, shall result in an automatic suspension, 
without hearing, until such time
as the individual submits to 
the examination. If the Medical Board finds a physician unable

to practice following an examination and evaluation because of 
the reasons set forth in this Section, the Medical Board shall 
require such physician to submit to care, counseling, or 
treatment
by physicians, or other health care professionals, 
approved or designated by the Medical Board, as a condition

for issued, continued, reinstated, or renewed licensure to 
practice. Any physician,
whose license was granted pursuant to 
Sections 9, 17, or 19 of this Act, or,
continued, reinstated, 
renewed, disciplined or supervised, subject to such
terms, 
conditions, or restrictions who shall fail to comply with such 
terms,
conditions, or restrictions, or to complete a required 
program of care,
counseling, or treatment, as determined by 
the Chief Medical Coordinator or
Deputy Medical Coordinators, 
shall be referred to the Secretary for a
determination as to 
whether the licensee shall have his or her license suspended

immediately, pending a hearing by the Medical Board. In 
instances in
which the Secretary immediately suspends a 
license under this Section, a hearing
upon such person's 
license must be convened by the Medical Board within 15
days 
after such suspension and completed without appreciable delay. 
The Medical
Board shall have the authority to review the 
subject physician's
record of treatment and counseling 
regarding the impairment, to the extent
permitted by 
applicable federal statutes and regulations safeguarding the

confidentiality of medical records.

 An individual licensed under this Act, affected under this 
Section, shall be
afforded an opportunity to demonstrate to 
the Medical Board that he or she can
resume practice in 
compliance with acceptable and prevailing standards under
the 
provisions of his or her license.

 The Department may promulgate rules for the imposition of 
fines in
disciplinary cases, not to exceed
$10,000 for each 
violation of this Act. Fines
may be imposed in conjunction 
with other forms of disciplinary action, but
shall not be the 
exclusive disposition of any disciplinary action arising out

of conduct resulting in death or injury to a patient. Any funds 
collected from
such fines shall be deposited in the Illinois 
State Medical Disciplinary Fund.

 All fines imposed under this Section shall be paid within 
60 days after the effective date of the order imposing the fine 
or in accordance with the terms set forth in the order imposing 
the fine. 
 (B) The Department shall revoke the license or
permit 
issued under this Act to practice medicine or a chiropractic 
physician who
has been convicted a second time of committing 
any felony under the
Illinois Controlled Substances Act or the 
Methamphetamine Control and Community Protection Act, or who 
has been convicted a second time of
committing a Class 1 felony 
under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A 
person whose license or permit is revoked
under
this 
subsection B shall be prohibited from practicing
medicine or 
treating human ailments without the use of drugs and without

operative surgery.

 (C) The Department shall not revoke, suspend, place on 
probation, reprimand, refuse to issue or renew, or take any 
other disciplinary or non-disciplinary action against the 
license or permit issued under this Act to practice medicine 
to a physician: 
  (1) based solely upon the recommendation of the 
 physician to an eligible patient regarding, or 
 prescription for, or treatment with, an investigational 
 drug, biological product, or device; or 
  (2) for experimental treatment for Lyme disease or 
 other tick-borne diseases, including, but not limited to, 
 the prescription of or treatment with long-term 
 antibiotics.
 (D) The Medical Board shall recommend to the
Department 
civil
penalties and any other appropriate discipline in 
disciplinary cases when the Medical
Board finds that a 
physician willfully performed an abortion with actual

knowledge that the person upon whom the abortion has been 
performed is a minor
or an incompetent person without notice 
as required under the Parental Notice
of Abortion Act of 1995. 
Upon the Medical Board's recommendation, the Department shall

impose, for the first violation, a civil penalty of $1,000 and 
for a second or
subsequent violation, a civil penalty of 
$5,000.

(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 
101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff. 
8-20-21; revised 12-2-21.)


 Section 470. The Pharmacy Practice Act is amended by 
changing Sections 3 and 4 and by setting forth and renumbering 
multiple
versions of Section 43 as follows:


 (225 ILCS 85/3)

 
 (Section scheduled to be repealed on January 1, 2023)

 Sec. 3. Definitions. For the purpose of this Act, except 
where otherwise
limited therein:

 (a) "Pharmacy" or "drugstore" means and includes every 
store, shop,
pharmacy department, or other place where 
pharmacist
care is
provided
by a pharmacist (1) where drugs, 
medicines, or poisons are
dispensed, sold or
offered for sale 
at retail, or displayed for sale at retail; or
(2)
where

prescriptions of physicians, dentists, advanced practice 
registered nurses, physician assistants, veterinarians, 
podiatric physicians, or
optometrists, within the limits of 
their
licenses, are
compounded, filled, or dispensed; or (3) 
which has upon it or
displayed within
it, or affixed to or used 
in connection with it, a sign bearing the word or
words 
"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", 
"Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", 
"Drugs", "Dispensary", "Medicines", or any word
or words of 
similar or like import, either in the English language
or any 
other language; or (4) where the characteristic prescription

sign (Rx) or similar design is exhibited; or (5) any store, or

shop,
or other place with respect to which any of the above 
words, objects,
signs or designs are used in any 
advertisement.

 (b) "Drugs" means and includes (1) articles recognized
in 
the official United States Pharmacopoeia/National Formulary 
(USP/NF),
or any supplement thereto and being intended for and 
having for their
main use the diagnosis, cure, mitigation, 
treatment or prevention of
disease in man or other animals, as 
approved by the United States Food and
Drug Administration, 
but does not include devices or their components, parts,
or 
accessories; and (2) all other articles intended
for and 
having for their main use the diagnosis, cure, mitigation,

treatment or prevention of disease in man or other animals, as 
approved
by the United States Food and Drug Administration, 
but does not include
devices or their components, parts, or 
accessories; and (3) articles
(other than food) having for 
their main use and intended
to affect the structure or any 
function of the body of man or other
animals; and (4) articles 
having for their main use and intended
for use as a component 
or any articles specified in clause (1), (2)
or (3); but does 
not include devices or their components, parts or
accessories.

 (c) "Medicines" means and includes all drugs intended for

human or veterinary use approved by the United States Food and 
Drug
Administration.

 (d) "Practice of pharmacy" means:
  (1) the interpretation and the provision of assistance 
 in the monitoring, evaluation, and implementation of 
 prescription drug orders; 
  (2) the dispensing of prescription drug orders; 
  (3) participation in drug and device selection; 
  (4) drug administration limited to the administration 
 of oral, topical, injectable, and inhalation as follows: 
   (A) in the context of patient education on the 
 proper use or delivery of medications; 
   (B) vaccination of patients 7 years of age and 
 older pursuant to a valid prescription or standing 
 order, by a physician licensed to practice medicine in 
 all its branches, upon completion of appropriate 
 training, including how to address contraindications 
 and adverse reactions set forth by rule, with 
 notification to the patient's physician and 
 appropriate record retention, or pursuant to hospital 
 pharmacy and therapeutics committee policies and 
 procedures. Eligible vaccines are those listed on the 
 U.S. Centers for Disease Control and Prevention (CDC) 
 Recommended Immunization Schedule, the CDC's Health 
 Information for International Travel, or the U.S. Food 
 and Drug Administration's Vaccines Licensed and 
 Authorized for Use in the United States. As applicable 
 to the State's Medicaid program and other payers, 
 vaccines ordered and administered in accordance with 
 this subsection shall be covered and reimbursed at no 
 less than the rate that the vaccine is reimbursed when 
 ordered and administered by a physician; 
   (B-5) following the initial administration of 
 long-acting or extended-release form opioid 
 antagonists by a physician licensed to practice 
 medicine in all its branches, administration of 
 injections of long-acting or extended-release form 
 opioid antagonists for the treatment of substance use 
 disorder, pursuant to a valid prescription by a 
 physician licensed to practice medicine in all its 
 branches, upon completion of appropriate training, 
 including how to address contraindications and adverse 
 reactions, including, but not limited to, respiratory 
 depression and the performance of cardiopulmonary 
 resuscitation, set forth by rule, with notification to 
 the patient's physician and appropriate record 
 retention, or pursuant to hospital pharmacy and 
 therapeutics committee policies and procedures; 
   (C) administration of injections of 
 alpha-hydroxyprogesterone caproate, pursuant to a 
 valid prescription, by a physician licensed to 
 practice medicine in all its branches, upon completion 
 of appropriate training, including how to address 
 contraindications and adverse reactions set forth by 
 rule, with notification to the patient's physician and 
 appropriate record retention, or pursuant to hospital 
 pharmacy and therapeutics committee policies and 
 procedures; and 
   (D) administration of injections of long-term 
 antipsychotic medications pursuant to a valid 
 prescription by a physician licensed to practice 
 medicine in all its branches, upon completion of 
 appropriate training conducted by an Accreditation 
 Council of Pharmaceutical Education accredited 
 provider, including how to address contraindications 
 and adverse reactions set forth by rule, with 
 notification to the patient's physician and 
 appropriate record retention, or pursuant to hospital 
 pharmacy and therapeutics committee policies and 
 procedures. 
  (5) (blank); 
  (6) drug regimen review; 
  (7) drug or drug-related research; 
  (8) the provision of patient counseling; 
  (9) the practice of telepharmacy; 
  (10) the provision of those acts or services necessary 
 to provide pharmacist care; 
  (11) medication therapy management;
  (12) the responsibility for compounding and labeling 
 of drugs and devices (except labeling by a manufacturer, 
 repackager, or distributor of non-prescription drugs and 
 commercially packaged legend drugs and devices), proper 
 and safe storage of drugs and devices, and maintenance of 
 required records; and 
  (13) the assessment and consultation of patients and 
 dispensing of hormonal contraceptives. 
 A pharmacist who performs any of the acts defined as the 
practice of pharmacy in this State must be actively licensed 
as a pharmacist under this Act.


 (e) "Prescription" means and includes any written, oral, 
facsimile, or
electronically transmitted order for drugs
or 
medical devices, issued by a physician licensed to practice 
medicine in
all its branches, dentist, veterinarian, podiatric 
physician, or
optometrist, within the
limits of his or her 
license, by a physician assistant in accordance with

subsection (f) of Section 4, or by an advanced practice 
registered nurse in
accordance with subsection (g) of Section 
4, containing the
following: (1) name
of the patient; (2) date 
when prescription was issued; (3) name
and strength of drug or 
description of the medical device prescribed;
and (4) 
quantity; (5) directions for use; (6) prescriber's name,

address,
and signature; and (7) DEA registration number where 
required, for controlled
substances.
The prescription may, but 
is not required to, list the illness, disease, or condition 
for which the drug or device is being prescribed. DEA 
registration numbers shall not be required on inpatient drug 
orders. A prescription for medication other than controlled 
substances shall be valid for up to 15 months from the date 
issued for the purpose of refills, unless the prescription 
states otherwise. 

 (f) "Person" means and includes a natural person, 
partnership,
association, corporation, government entity, or 
any other legal
entity.

 (g) "Department" means the Department of Financial and

Professional Regulation.

 (h) "Board of Pharmacy" or "Board" means the State Board

of Pharmacy of the Department of Financial and Professional 
Regulation.

 (i) "Secretary"
means the Secretary
of Financial and 
Professional Regulation.

 (j) "Drug product selection" means the interchange for a

prescribed pharmaceutical product in accordance with Section 
25 of
this Act and Section 3.14 of the Illinois Food, Drug and 
Cosmetic Act.

 (k) "Inpatient drug order" means an order issued by an 
authorized
prescriber for a resident or patient of a facility 
licensed under the
Nursing Home Care Act, the ID/DD Community 
Care Act, the MC/DD Act, the Specialized Mental Health 
Rehabilitation Act of 2013, the Hospital Licensing Act, or the 
University of Illinois Hospital Act, or a facility which is 
operated by the Department of Human
Services (as successor to 
the Department of Mental Health
and Developmental 
Disabilities) or the Department of Corrections.

 (k-5) "Pharmacist" means an individual health care 
professional and
provider currently licensed by this State to 
engage in the practice of
pharmacy.

 (l) "Pharmacist in charge" means the licensed pharmacist 
whose name appears
on a pharmacy license and who is 
responsible for all aspects of the
operation related to the 
practice of pharmacy.

 (m) "Dispense" or "dispensing" means the interpretation, 
evaluation, and implementation of a prescription drug order, 
including the preparation and delivery of a drug or device to a 
patient or patient's agent in a suitable container 
appropriately labeled for subsequent administration to or use 
by a patient in accordance with applicable State and federal 
laws and regulations.
"Dispense" or "dispensing" does not mean 
the physical delivery to a patient or a
patient's 
representative in a home or institution by a designee of a 
pharmacist
or by common carrier. "Dispense" or "dispensing" 
also does not mean the physical delivery
of a drug or medical 
device to a patient or patient's representative by a

pharmacist's designee within a pharmacy or drugstore while the 
pharmacist is
on duty and the pharmacy is open.

 (n) "Nonresident pharmacy"
means a pharmacy that is 
located in a state, commonwealth, or territory
of the United 
States, other than Illinois, that delivers, dispenses, or

distributes, through the United States Postal Service, 
commercially acceptable parcel delivery service, or other 
common
carrier, to Illinois residents, any substance which 
requires a prescription.

 (o) "Compounding" means the preparation and mixing of 
components, excluding flavorings, (1) as the result of a 
prescriber's prescription drug order or initiative based on 
the prescriber-patient-pharmacist relationship in the course 
of professional practice or (2) for the purpose of, or 
incident to, research, teaching, or chemical analysis and not 
for sale or dispensing. "Compounding" includes the preparation 
of drugs or devices in anticipation of receiving prescription 
drug orders based on routine, regularly observed dispensing 
patterns. Commercially available products may be compounded 
for dispensing to individual patients only if all of the 
following conditions are met: (i) the commercial product is 
not reasonably available from normal distribution channels in 
a timely manner to meet the patient's needs and (ii) the 
prescribing practitioner has requested that the drug be 
compounded.

 (p) (Blank).


 (q) (Blank).


 (r) "Patient counseling" means the communication between a 
pharmacist or a student pharmacist under the supervision of a 
pharmacist and a patient or the patient's representative about 
the patient's medication or device for the purpose of 
optimizing proper use of prescription medications or devices. 
"Patient counseling" may include without limitation (1) 
obtaining a medication history; (2) acquiring a patient's 
allergies and health conditions; (3) facilitation of the 
patient's understanding of the intended use of the medication; 
(4) proper directions for use; (5) significant potential 
adverse events; (6) potential food-drug interactions; and (7) 
the need to be compliant with the medication therapy. A 
pharmacy technician may only participate in the following 
aspects of patient counseling under the supervision of a 
pharmacist: (1) obtaining medication history; (2) providing 
the offer for counseling by a pharmacist or student 
pharmacist; and (3) acquiring a patient's allergies and health 
conditions.


 (s) "Patient profiles" or "patient drug therapy record" 
means the
obtaining, recording, and maintenance of patient 
prescription
information, including prescriptions for 
controlled substances, and
personal information.

 (t) (Blank).


 (u) "Medical device" or "device" means an instrument, 
apparatus, implement, machine,
contrivance, implant, in vitro 
reagent, or other similar or related article,
including any 
component part or accessory, required under federal law to

bear the label "Caution: Federal law requires dispensing by or 
on the order
of a physician". A seller of goods and services 
who, only for the purpose of
retail sales, compounds, sells, 
rents, or leases medical devices shall not,
by reasons 
thereof, be required to be a licensed pharmacy.

 (v) "Unique identifier" means an electronic signature, 
handwritten
signature or initials, thumb print, or other 
acceptable biometric
or electronic identification process as 
approved by the Department.

 (w) "Current usual and customary retail price" means the 
price that a pharmacy charges to a non-third-party payor.

 (x) "Automated pharmacy system" means a mechanical system 
located within the confines of the pharmacy or remote location 
that performs operations or activities, other than compounding 
or administration, relative to storage, packaging, dispensing, 
or distribution of medication, and which collects, controls, 
and maintains all transaction information.
 (y) "Drug regimen review" means and includes the 
evaluation of prescription drug orders and patient records for 
(1)
known allergies; (2) drug or potential therapy 
contraindications;
(3) reasonable dose, duration of use, and 
route of administration, taking into consideration factors 
such as age, gender, and contraindications; (4) reasonable 
directions for use; (5) potential or actual adverse drug 
reactions; (6) drug-drug interactions; (7) drug-food 
interactions; (8) drug-disease contraindications; (9) 
therapeutic duplication; (10) patient laboratory values when 
authorized and available; (11) proper utilization (including 
over or under utilization) and optimum therapeutic outcomes; 
and (12) abuse and misuse.

 (z) "Electronically transmitted prescription" means a 
prescription that is created, recorded, or stored by 
electronic means; issued and validated with an electronic 
signature; and transmitted by electronic means directly from 
the prescriber to a pharmacy. An electronic prescription is 
not an image of a physical prescription that is transferred by 
electronic means from computer to computer, facsimile to 
facsimile, or facsimile to computer.

 (aa) "Medication therapy management services" means a 
distinct service or group of services offered by licensed 
pharmacists, physicians licensed to practice medicine in all 
its branches, advanced practice registered nurses authorized 
in a written agreement with a physician licensed to practice 
medicine in all its branches, or physician assistants 
authorized in guidelines by a supervising physician that 
optimize therapeutic outcomes for individual patients through 
improved medication use. In a retail or other non-hospital 
pharmacy, medication therapy management services shall consist 
of the evaluation of prescription drug orders and patient 
medication records to resolve conflicts with the following:
  (1) known allergies;
  (2) drug or potential therapy contraindications;
  (3) reasonable dose, duration of use, and route of 
 administration, taking into consideration factors such as 
 age, gender, and contraindications;
  (4) reasonable directions for use;
  (5) potential or actual adverse drug reactions;
  (6) drug-drug interactions;
  (7) drug-food interactions;
  (8) drug-disease contraindications;
  (9) identification of therapeutic duplication;
  (10) patient laboratory values when authorized and 
 available;
  (11) proper utilization (including over or under 
 utilization) and optimum therapeutic outcomes; and
  (12) drug abuse and misuse.
 "Medication therapy management services" includes the 
following:
  (1) documenting the services delivered and 
 communicating the information provided to patients' 
 prescribers within an appropriate time frame, not to 
 exceed 48 hours;
  (2) providing patient counseling designed to enhance a 
 patient's understanding and the appropriate use of his or 
 her medications; and
  (3) providing information, support services, and 
 resources designed to enhance a patient's adherence with 
 his or her prescribed therapeutic regimens.
 "Medication therapy management services" may also include 
patient care functions authorized by a physician licensed to 
practice medicine in all its branches for his or her 
identified patient or groups of patients under specified 
conditions or limitations in a standing order from the 
physician.
 "Medication therapy management services" in a licensed 
hospital may also include the following:
  (1) reviewing assessments of the patient's health 
 status; and
  (2) following protocols of a hospital pharmacy and 
 therapeutics committee with respect to the fulfillment of 
 medication orders.

 (bb) "Pharmacist care" means the provision by a pharmacist 
of medication therapy management services, with or without the 
dispensing of drugs or devices, intended to achieve outcomes 
that improve patient health, quality of life, and comfort and 
enhance patient safety.

 (cc) "Protected health information" means individually 
identifiable health information that, except as otherwise 
provided, is:

  (1) transmitted by electronic media;
  (2) maintained in any medium set forth in the 
 definition of "electronic media" in the federal Health 
 Insurance Portability and Accountability Act; or
  (3) transmitted or maintained in any other form or 
 medium.
 "Protected health information" does not include 
individually identifiable health information found in:
  (1) education records covered by the federal Family 
 Educational Right and Privacy Act; or
  (2) employment records held by a licensee in its role 
 as an employer.
 (dd) "Standing order" means a specific order for a patient 
or group of patients issued by a physician licensed to 
practice medicine in all its branches in Illinois.
 (ee) "Address of record" means the designated address 
recorded by the Department in the applicant's application file 
or licensee's license file maintained by the Department's 
licensure maintenance unit.
 (ff) "Home pharmacy" means the location of a pharmacy's 
primary operations.

 (gg) "Email address of record" means the designated email 
address recorded by the Department in the applicant's 
application file or the licensee's license file, as maintained 
by the Department's licensure maintenance unit. 
(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21; 
102-103, eff. 1-1-22; 102-558, eff. 8-20-21; revised 
10-26-21.)



 (225 ILCS 85/4) (from Ch. 111, par. 4124)


 (Section scheduled to be repealed on January 1, 2023)

 Sec. 4. Exemptions. Nothing contained in any Section of 
this Act shall
apply
to, or in any manner interfere with:

  (a) the lawful practice of any physician licensed to 
 practice medicine in
all of its branches, dentist, 
 podiatric physician,
veterinarian, or therapeutically or 
 diagnostically certified optometrist within
the limits of

 his or her license, or prevent him or her from
supplying to 
 his
or her
bona fide patients
such drugs, medicines, or 
 poisons as may seem to him appropriate;

  (b) the sale of compressed gases;

  (c) the sale of patent or proprietary medicines and 
 household remedies
when sold in original and unbroken 
 packages only, if such patent or
proprietary medicines and 
 household remedies be properly and adequately
labeled as 
 to content and usage and generally considered and accepted

 as harmless and nonpoisonous when used according to the 
 directions
on the label, and also do not contain opium or 
 coca leaves, or any
compound, salt or derivative thereof, 
 or any drug which, according
to the latest editions of the 
 following authoritative pharmaceutical
treatises and 
 standards, namely, The United States 
 Pharmacopoeia/National
Formulary (USP/NF), the United 
 States Dispensatory, and the Accepted
Dental Remedies of 
 the Council of Dental Therapeutics of the American
Dental 
 Association or any or either of them, in use on the 
 effective
date of this Act, or according to the existing 
 provisions of the Federal
Food, Drug, and Cosmetic Act and 
 Regulations of the Department of Health
and Human 
 Services, Food and Drug Administration, promulgated 
 thereunder
now in effect, is designated, described or 
 considered as a narcotic,
hypnotic, habit forming, 
 dangerous, or poisonous drug;

  (d) the sale of poultry and livestock remedies in 
 original and unbroken
packages only, labeled for poultry 
 and livestock medication;

  (e) the sale of poisonous substances or mixture of 
 poisonous substances,
in unbroken packages, for 
 nonmedicinal use in the arts or industries
or for 
 insecticide purposes; provided, they are properly and 
 adequately
labeled as to content and such nonmedicinal 
 usage, in conformity
with the provisions of all applicable 
 federal, state and local laws
and regulations promulgated 
 thereunder now in effect relating thereto
and governing 
 the same, and those which are required under such 
 applicable
laws and regulations to be labeled with the 
 word "Poison", are also labeled
with the word "Poison" 
 printed
thereon in prominent type and the name of a 
 readily obtainable antidote
with directions for its 
 administration;

  (f) the delegation of limited prescriptive authority 
 by a physician
licensed to
practice medicine in all its 
 branches to a physician assistant
under Section 7.5 of the 
 Physician Assistant Practice Act of 1987. This
delegated 
 authority under Section 7.5 of the Physician Assistant 
 Practice Act of 1987 may, but is not required to, include 
 prescription of
controlled substances, as defined in 
 Article II of the
Illinois Controlled Substances Act, in 
 accordance with a written supervision agreement;

  (g) the delegation of prescriptive authority by a 
 physician
licensed to practice medicine in all its 
 branches or a licensed podiatric physician to an advanced 
 practice
registered nurse in accordance with a written 
 collaborative
agreement under Sections 65-35 and 65-40 of 
 the Nurse Practice Act;
  (g-5) the donation or acceptance, or the packaging,

 repackaging, or labeling, of drugs to the
extent permitted 
 under the Illinois Drug Reuse Opportunity Program Act; and 

  (h) the sale or distribution of dialysate or devices 
 necessary to perform home peritoneal renal dialysis for 
 patients with end-stage renal disease, provided that all 
 of the following conditions are met:
   (1) the dialysate, comprised of dextrose or 
 icodextrin, or devices are approved or cleared by the 
 federal Food and Drug Administration, as required by 
 federal law;
   (2) the dialysate or devices are lawfully held by 
 a manufacturer or the manufacturer's agent, which is 
 properly registered with the Board as a manufacturer, 
 third-party logistics provider, or wholesaler;
   (3) the dialysate or devices are held and 
 delivered to the manufacturer or the manufacturer's 
 agent in the original, sealed packaging from the 
 manufacturing facility; 
   (4) the dialysate or devices are delivered only 
 upon receipt of a physician's prescription by a 
 licensed pharmacy in which the prescription is 
 processed in accordance with provisions set forth in 
 this Act, and the transmittal of an order from the 
 licensed pharmacy to the manufacturer or the 
 manufacturer's agent; and 
   (5) the manufacturer or the manufacturer's agent 
 delivers the dialysate or devices directly to: (i) a 
 patient with end-stage renal disease, or his or her 
 designee, for the patient's self-administration of the 
 dialysis therapy or (ii) a health care provider or 
 institution for administration or delivery of the 
 dialysis therapy to a patient with end-stage renal 
 disease. 
  This paragraph (h) does not include any other drugs 
 for peritoneal dialysis, except dialysate, as described in 
 item (1) of this paragraph (h). All records of sales and 
 distribution of dialysate to patients made pursuant to 
 this paragraph (h) must be retained in accordance with 
 Section 18 of this Act. A student pharmacist or licensed 
 pharmacy technician engaged in remote prescription 
 processing under Section 25.10 of this Act at a licensed 
 pharmacy described in item (4) of this paragraph (h) shall 
 be permitted to access an employer pharmacy's database 
 from his or her home or other remote location while under 
 the supervision of a pharmacist for the purpose of 
 performing certain prescription processing functions, 
 provided that the pharmacy establishes controls to protect 
 the privacy and security of confidential records.
(Source: P.A. 101-420, eff. 8-16-19; 102-84, eff. 7-9-21; 
102-389, eff. 1-1-22; revised 10-8-21.)


 (225 ILCS 85/43)
 (Section scheduled to be repealed on January 1, 2023)
 Sec. 43. Dispensation of hormonal contraceptives.
 (a) The dispensing of hormonal contraceptives to a patient 
shall be pursuant to a valid prescription or standing order by 
a physician licensed to practice medicine in all its branches 
or the medical director of a local health department, pursuant 
to the following:
  (1) a pharmacist may dispense no more than a 12-month 
 supply of hormonal contraceptives to a patient;
  (2) a pharmacist must complete an educational training 
 program accredited by the Accreditation Council for 
 Pharmacy Education and approved by the Department that is 
 related to the patient self-screening risk assessment, 
 patient assessment contraceptive counseling and education, 
 and dispensation of hormonal contraceptives;
  (3) a pharmacist shall have the patient complete the 
 self-screening risk assessment tool; the self-screening 
 risk assessment tool is to be based on the most current 
 version of the United States Medical Eligibility Criteria 
 for Contraceptive Use published by the federal Centers for 
 Disease Control and Prevention;
  (4) based upon the results of the self-screening risk 
 assessment and the patient assessment, the pharmacist 
 shall use his or her professional and clinical judgment as 
 to when a patient should be referred to the patient's 
 physician or another health care provider;
  (5) a pharmacist shall provide, during the patient 
 assessment and consultation, counseling and education 
 about all methods of contraception, including methods not 
 covered under the standing order, and their proper use and 
 effectiveness;
  (6) the patient consultation shall take place in a 
 private manner; and
  (7) a pharmacist and pharmacy must maintain 
 appropriate records.
 (b) The Department may adopt rules to implement this 
Section.
 (c) Nothing in this Section shall be interpreted to 
require a pharmacist to dispense hormonal contraception under 
a standing order issued by a physician licensed to practice 
medicine in all its branches or
the medical director of a local 
health department.

(Source: P.A. 102-103, eff. 1-1-22.)



 (225 ILCS 85/44)


 (Section scheduled to be repealed on January 1, 2023)
 Sec. 44 43. Disclosure of pharmacy retail price.
 (a) For the purpose of this Section:
 "Pharmacy retail price" means the price an individual 
without prescription drug coverage or not using any other 
prescription medication benefit or discount would pay at a 
retail pharmacy, not including a pharmacist dispensing fee.
 "Cost-sharing amount" means the amount owed by a 
policyholder under the terms of his or her health insurance 
policy or as required by a pharmacy benefit manager as defined 
in subsection (a) of Section 513b1 of the Illinois Insurance 
Code.
 (b) A pharmacist or his or her authorized employee must 
disclose to the consumer at the point of sale the current 
pharmacy retail price for each prescription medication the 
consumer intends to purchase. If the consumer's cost-sharing 
amount for a prescription exceeds the current pharmacy retail 
price, the pharmacist or his or her authorized employee must 
disclose to the consumer that the pharmacy retail price is 
less than the patient's cost-sharing amount.

(Source: P.A. 102-400, eff. 1-1-22; revised 11-4-21.)


 Section 475. The Landscape Architecture Registration Act 
is amended by changing Section 125 as follows:

 (225 ILCS 316/125)
 (Section scheduled to be repealed on January 1, 2027)

 Sec. 125. Restoration of suspended or revoked 
registration.

 (a) At any time after the successful completion of a term 
of probation, suspension, or revocation of a registration 
under this Act, the Department may restore it to the 
registrant unless after an investigation and hearing the 
Department determines that restoration is not in the public 
interest.
 (b) Where circumstances of suspension or revocation so 
indicate, the Department may require an examination of the 
registrant prior to restoring his or her registration.
 (c) No person whose registration has been revoked as 
authorized in this Act may apply for restoration of that 
registration until such time as provided for in the Civil 
Administrative Code of Illinois.
 (d) A registration that has been suspended or revoked 
shall be considered nonrenewed for purposes of restoration and 
a person registration restoring a their registration from 
suspension or revocation must comply with the requirements for 
restoration as set forth in Section 50 of this Act and any 
rules adopted pursuant to this Act.

(Source: P.A. 102-284, eff. 8-6-21; revised 1-9-22.)

 Section 480. The Private Detective, Private Alarm, Private 
Security, Fingerprint Vendor, and
Locksmith Act of 2004 is 
amended by changing Section 5-10 as follows:



 (225 ILCS 447/5-10)


 (Section scheduled to be repealed on January 1, 2024)

 Sec. 5-10. Definitions. As used in this Act:

 "Address of record" means the designated address recorded 
by the Department in the applicant's application file or the 
licensee's license file, as maintained by the Department's 
licensure maintenance unit. 
 "Advertisement" means any public media, including printed 
or electronic material, that is published or displayed in a 
phone book,
newspaper, magazine, pamphlet, newsletter, 
website, or other similar type of publication or electronic 
format
that is
intended to either attract business or merely 
provide contact information to
the public for
an agency or 
licensee. Advertisement shall not include a licensee's or an

agency's
letterhead, business cards, or other stationery used 
in routine business
correspondence or
customary name, address, 
and number type listings in a telephone directory.

 "Alarm system" means any system, including an electronic 
access control
system, a
surveillance video system, a security 
video system, a burglar alarm system, a
fire alarm
system, or 
any other electronic system that activates an audible, 
visible,
remote, or
recorded signal that is designed for the 
protection or detection of intrusion,
entry, theft,
fire, 
vandalism, escape, or trespass, or other electronic systems 
designed for the protection of life by indicating the 
existence of an emergency situation. "Alarm system" also 
includes an emergency communication system and a mass 
notification system. 

 "Applicant" means a person or business applying for 
licensure, registration, or authorization under this Act. Any 
applicant or person who holds himself or herself out as an 
applicant is considered a licensee or registrant for the 
purposes of enforcement, investigation, hearings, and the 
Illinois Administrative Procedure Act. 
 "Armed employee" means a licensee or registered person who 
is employed by an
agency licensed or an armed proprietary 
security force registered under this
Act who carries a weapon 
while engaged in the
performance
of official duties within the 
course and scope of his or her employment during
the hours
and 
times the employee is scheduled to work or is commuting 
between his or her
home or
place of employment.

 "Armed proprietary security force" means a security force 
made up of one or
more
armed individuals employed by a 
commercial or industrial operation or
by a financial 
institution as security officers
for the
protection of persons 
or property.

 "Board" means the Private Detective, Private Alarm, 
Private Security, Fingerprint Vendor, and
Locksmith Board.

 "Branch office" means a business location removed from the 
place of business
for which an agency license has been issued, 
including, but not limited to,
locations where active employee 
records that are required to be maintained
under this Act are 
kept, where prospective new
employees
are processed, or where 
members of the public are invited in to transact
business. A

branch office does not include an office or other facility 
located on the
property of an
existing client that is utilized 
solely for the benefit of that client and is
not owned or

leased by the agency.

 "Canine handler" means a person who uses or handles a 
trained dog
to protect persons or property or
to conduct 
investigations.
 "Canine handler authorization card" means a card issued by 
the Department that authorizes
the holder to use or handle a 
trained dog to protect persons or property or to conduct

investigations during the performance of his or her duties as 
specified in this Act.
 "Canine trainer" means a person who acts as a dog trainer 
for the purpose of training dogs to protect
persons or 
property or to conduct investigations.
 "Canine trainer authorization card" means a card issued by 
the Department that authorizes the
holder to train a dog to 
protect persons or property or to conduct investigations 
during the
performance of his or her duties as specified in 
this Act.
 "Canine training facility" means a facility operated by a 
licensed private detective agency or private
security 
contractor agency wherein dogs are trained for the purposes of 
protecting persons or property or to
conduct investigations.

 "Corporation" means an artificial person or legal entity 
created by or under
the
authority of the laws of a state, 
including without limitation a corporation,
limited liability 
company, or any other legal entity.

 "Department" means the Department of Financial and

Professional Regulation.

 "Emergency communication system" means any system that 
communicates information about emergencies, including but not 
limited to fire, terrorist activities, shootings, other 
dangerous situations, accidents, and natural disasters. 
 "Employee" means a person who works for a person or agency 
that has the
right to
control the details of the work performed 
and is not dependent upon whether or
not
federal or state 
payroll taxes are withheld.

 "Fingerprint vendor" means a person that offers, 
advertises, or provides services to fingerprint individuals, 
through electronic or other means, for the purpose of 
providing fingerprint images and associated demographic data 
to the Illinois State Police for processing fingerprint based 
criminal history record information inquiries.
 "Fingerprint vendor agency" means a person, firm, 
corporation, or other legal entity that engages in the 
fingerprint vendor business and employs, in addition to the 
fingerprint vendor licensee-in-charge, at least one other 
person in conducting that business.
 "Fingerprint vendor licensee-in-charge" means a person who 
has been designated by a fingerprint vendor agency to be the 
licensee-in-charge of an agency who is a full-time management 
employee or owner who assumes sole responsibility for 
maintaining all records required by this Act and who assumes 
sole responsibility for assuring the licensed agency's 
compliance with its responsibilities as stated in this Act. 
The Department shall adopt rules mandating licensee-in-charge 
participation in agency affairs.

 "Fire alarm system" means any system that is activated by 
an automatic or
manual device in the detection of smoke, heat, 
or fire that activates an
audible, visible, or
remote signal 
requiring a response.

 "Firearm control card" means a card issued by the 
Department that
authorizes
the holder, who has complied with 
the training and other requirements of this Act, to carry a 
weapon during the performance of his or her duties as

specified in
this Act.

 "Firm" means an unincorporated business entity, including 
but not limited to
proprietorships and partnerships.

 "Licensee" means a person or business licensed under this 
Act. Anyone who holds himself or herself out as a licensee or 
who is accused of unlicensed practice is considered a licensee 
for purposes of enforcement, investigation, hearings, and the 
Illinois Administrative Procedure Act. 
 "Locksmith" means
a person who engages in a business or 
holds himself out to the public as
providing a service that 
includes, but is not limited to, the servicing,
installing, 
originating first keys, re-coding, repairing, maintaining,

manipulating, or bypassing of a mechanical or electronic 
locking device, access
control or video surveillance system at 
premises, vehicles, safes, vaults, safe
deposit boxes, or 
automatic teller machines.

 "Locksmith agency" means a person, firm, corporation, or 
other legal entity
that engages
in the
locksmith business and 
employs, in addition to the locksmith
licensee-in-charge, at 
least
one other person in conducting such business.

 "Locksmith licensee-in-charge" means a person who has been 
designated by
agency to be the licensee-in-charge of an 
agency,
who is a
full-time management employee or owner who 
assumes sole responsibility
for
maintaining all records 
required by this Act, and who assumes sole
responsibility for

assuring the licensed agency's compliance with its 
responsibilities as stated
in this Act. The Department shall 
adopt rules mandating licensee-in-charge
participation in 
agency affairs.

 "Mass notification system" means any system that is used 
to provide information and instructions to people in a 
building or other space using voice communications, including 
visible signals, text, graphics, tactile, or other 
communication methods. 
 "Peace officer" or "police officer" means a person who, by 
virtue of office
or
public
employment, is vested by law with a 
duty to maintain public order or to make
arrests for
offenses, 
whether that duty extends to all offenses or is limited to 
specific
offenses.
Officers, agents, or employees of the 
federal government commissioned by
federal
statute
to make 
arrests for violations of federal laws are considered peace 
officers.

 "Permanent employee registration card" means a card issued 
by the Department
to an
individual who has applied to the 
Department and meets the requirements for
employment by a 
licensed agency under this Act.

 "Person" means a natural person.

 "Private alarm contractor" means a person who engages in a 
business that
individually or through others undertakes, 
offers to undertake, purports to
have the
capacity to 
undertake, or submits a bid to sell, install, design, monitor, 
maintain, test, inspect,
alter, repair,
replace, or service 
alarm and other security-related systems or parts thereof,

including fire
alarm systems, at protected premises or 
premises to be protected or responds to
alarm
systems at a 
protected premises on an emergency basis and not as a 
full-time
security officer. "Private alarm contractor" does 
not include a person, firm,
or
corporation that
manufactures 
or sells alarm systems
only from its place of business and does 
not sell, install, monitor, maintain,
alter, repair, replace, 
service, or respond to alarm systems at protected
premises or 
premises to be protected.

 "Private alarm contractor agency" means a person, 
corporation, or other
entity
that
engages in the private alarm 
contracting business and employs, in addition to
the private

alarm contractor-in-charge, at least one other person in 
conducting such
business.

 "Private alarm contractor licensee-in-charge" means a 
person who has been
designated by an
agency to be the 
licensee-in-charge of an agency, who is a full-time management

employee or owner who
assumes sole
responsibility for 
maintaining all records required by this Act, and who
assumes

sole
responsibility for assuring the licensed agency's 
compliance with its
responsibilities as
stated in this Act.

The Department shall adopt rules mandating licensee-in-charge 
participation in
agency affairs.

 "Private detective" means any person who by any means, 
including, but not
limited to, manual, canine odor detection,

or electronic methods, engages in the business of, accepts

employment
to furnish, or agrees to make or makes 
investigations for a fee or other
consideration to
obtain 
information relating to:

  (1) Crimes or wrongs done or threatened against the 
 United States, any
state or
territory of the United 
 States, or any local government of a state or
territory.

  (2) The identity, habits, conduct, business 
 occupation, honesty,
integrity,
credibility, knowledge, 
 trustworthiness, efficiency, loyalty, activity,

 movements, whereabouts, affiliations, associations, 
 transactions, acts,
reputation, or character of any 
 person, firm, or other entity by any means,
manual or 
 electronic.

  (3) The location, disposition, or recovery of lost or 
 stolen property.

  (4) The cause, origin, or responsibility for fires, 
 accidents, or injuries
to
individuals or real or personal 
 property.

  (5) The truth or falsity of any statement or 
 representation.

  (6) Securing evidence to be used before any court, 
 board, or investigating
body.

  (7) The protection of individuals from bodily harm or 
 death (bodyguard
functions).

  (8) Service of process in criminal and civil 
 proceedings.

 "Private detective agency" means a person, firm, 
corporation, or other legal
entity that engages
in the
private 
detective business and employs, in addition to the 
licensee-in-charge,
one or more
persons in conducting such 
business.

 "Private detective licensee-in-charge" means a person who 
has been designated
by an agency
to be the licensee-in-charge 
of an
agency,
who is a full-time management employee or owner

who assumes sole
responsibility
for
maintaining all records 
required by this Act, and who assumes sole
responsibility
for 
assuring
the licensed agency's compliance with its 
responsibilities as stated in this
Act. The Department shall 
adopt rules mandating licensee-in-charge
participation in 
agency affairs.

 "Private security contractor" means a person who engages 
in the business of
providing a private security officer, 
watchman, patrol, guard dog, canine odor detection, or a 
similar service by
any other
title or name on a contractual 
basis for another person, firm, corporation, or
other entity

for a fee or other consideration and performing one or more of 
the following
functions:

  (1) The prevention or detection of intrusion, entry, 
 theft, vandalism,
abuse, fire,
or trespass on private or 
 governmental property.

  (2) The prevention, observation, or detection of any 
 unauthorized activity
on
private or governmental property.

  (3) The protection of persons authorized to be on the 
 premises of the
person,
firm, or other entity for which 
 the security contractor contractually provides
security 
 services.

  (4) The prevention of the misappropriation or 
 concealment of goods, money,
bonds, stocks, notes, 
 documents, or papers.

  (5) The control, regulation, or direction of the 
 movement of the public
for
the
time specifically required 
 for the protection of property owned or controlled
by the 
 client.

  (6) The protection of individuals from bodily harm or 
 death (bodyguard
functions).

 "Private security contractor agency" means a person, firm, 
corporation, or
other legal entity that
engages in
the private 
security contractor business and that employs, in addition to 
the
licensee-in-charge, one or more persons in conducting such 
business.

 "Private security contractor licensee-in-charge" means a 
person who has been
designated by an agency to be the

licensee-in-charge of an
agency, who is a full-time management 
employee or owner
who assumes sole responsibility for 
maintaining all records required by this
Act, and who
assumes 
sole responsibility for assuring the licensed agency's 
compliance with
its
responsibilities as
stated in this Act. 
The Department shall adopt rules mandating
licensee-in-charge 
participation in agency affairs.

 "Public member" means a person who is not a licensee or 
related to a
licensee, or who is not an employer or employee of 
a licensee. The term
"related to" shall be determined by the 
rules of the Department.

 "Secretary" means the Secretary of the Department of 
Financial and Professional Regulation.

(Source: P.A. 102-152, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-26-21.)


 Section 485. The Real Estate Appraiser Licensing Act of 
2002 is amended by changing Section 5-22 as follows:

 (225 ILCS 458/5-22)
 (Section scheduled to be repealed on January 1, 2027)
 Sec. 5-22. Criminal history records check. 
 (a) An application for licensure by examination or 
restoration shall include the applicant's fingerprints 
submitted to the Illinois State Police in an electronic format 
that complies with the form and manner for requesting and 
furnishing criminal history record information as prescribed 
by the Illinois State Police. These fingerprints shall be 
checked against the Illinois State Police and Federal Bureau 
of Investigation criminal history record databases now and 
hereafter filed. The Illinois State Police shall charge 
applicants a fee for conducting the criminal history records 
check, which shall be deposited into the State Police Services 
Fund and shall not exceed the actual cost of the records check. 
The Illinois State Police shall
furnish, pursuant to positive 
identification, records of Illinois convictions to the 
Department. The Department may require applicants to pay a 
separate fingerprinting fee, either to the Department or to a 
vendor. The Department may adopt any rules necessary to 
implement this Section.

 (b) The Secretary may designate a multi-state licensing 
system to perform the functions described in subsection (a). 
The Department may require applicants to pay a separate 
fingerprinting fee, either to the Department or to the 
multi-state licensing system. The Department may adopt any 
rules necessary to implement this subsection. 
 (c) The Department shall not consider the following 
criminal history records in connection with an application for 
licensure:
  (1) juvenile adjudications of delinquent minors as 
 defined in Section 5-105 of the Juvenile Court Act of 1987 
 subject to the restrictions set forth in Section 5-130 of 
 that Act;
  (2) law enforcement records, court records, and 
 conviction records of an individual who was 17 years old 
 at the time of the offense and before January 1, 2014, 
 unless the nature of the offense required the individual 
 to be tried as an adult;
  (3) records of arrest not followed by a charge or 
 conviction;
  (4) records of arrest in which the charges were 
 dismissed unless related to the practice of the 
 profession; however, applicants shall not be asked to 
 report any arrests, and an arrest not followed by a 
 conviction shall not be the basis of a denial and may be 
 used only to assess an applicant's rehabilitation;
  (5) convictions overturned by a higher court; or
  (6) convictions or arrests that have been sealed or 
 expunged.
 (d) If an applicant makes a false statement of material 
fact on the application, the false statement may in itself be 
sufficient grounds to revoke or refuse to issue a license.
 (e) An applicant or licensee shall report to the 
Department, in a manner prescribed by the Department, upon 
application and within 30 days after the occurrence, if during 
the term of licensure, (i) any conviction of or plea of guilty 
or nolo contendere to forgery, embezzlement, obtaining money 
under false pretenses, larceny, extortion, conspiracy to 
defraud, or any similar offense or offenses or any conviction 
of a felony involving moral turpitude, (ii) the entry of an 
administrative sanction by a government agency in this State 
or any other jurisdiction that has as an essential element 
dishonesty or fraud or involves larceny, embezzlement, or 
obtaining money, property, or credit by false pretenses, or 
(iii) a crime that subjects the licensee to compliance with 
the requirements of the Sex Offender Registration Act. 
(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 1-4-22.)

 Section 490. The Illinois Horse Racing Act of 1975 is 
amended by changing Sections 26 and 28 as follows:




 (230 ILCS 5/26) (from Ch. 8, par. 37-26)


 Sec. 26. Wagering. 

 (a) Any licensee may conduct and supervise the pari-mutuel 
system of
wagering, as defined in Section 3.12 of this Act, on 
horse races conducted by
an Illinois organization
licensee or 
conducted at a racetrack located in another state or country 
in accordance with subsection (g) of Section 26 of this
Act. 
Subject to the prior consent of the Board, licensees may 
supplement any
pari-mutuel pool in order to guarantee a 
minimum distribution. Such
pari-mutuel method of wagering 
shall not,
under any circumstances if conducted under the 
provisions of this Act,
be held or construed to be unlawful, 
other statutes of this State to the
contrary notwithstanding.

Subject to rules for advance wagering promulgated by the 
Board, any
licensee
may accept wagers in advance of the day of

the race wagered upon occurs.

 (b) Except for those gaming activities for which a license 
is obtained and authorized under the Illinois Lottery Law, the 
Charitable Games Act, the Raffles and Poker Runs Act, or the 
Illinois Gambling Act, no other method of betting, pool 
making, wagering or
gambling shall be used or permitted by the 
licensee. Each licensee
may retain, subject to the payment of 
all applicable
taxes and purses, an amount not to exceed 17% of 
all money wagered
under subsection (a) of this Section, except 
as may otherwise be permitted
under this Act.

 (b-5) An individual may place a wager under the 
pari-mutuel system from
any licensed location authorized under 
this Act provided that wager is
electronically recorded in the 
manner described in Section 3.12 of this Act.
Any wager made 
electronically by an individual while physically on the 
premises
of a licensee shall be deemed to have been made at the 
premises of that
licensee.

 (c) (Blank).

 (c-5) The sum held by any licensee for payment
of

outstanding pari-mutuel tickets, if unclaimed prior to 
December 31 of the
next year, shall be retained by the licensee 
for payment of
such tickets until that date. Within 10 days 
thereafter, the balance of
such sum remaining unclaimed, less 
any uncashed supplements contributed by such
licensee for the 
purpose of guaranteeing minimum distributions
of any 
pari-mutuel pool, shall be evenly distributed to the purse 
account of
the organization licensee and the organization 
licensee, except that the balance of the sum of all 
outstanding pari-mutuel tickets generated from simulcast 
wagering and inter-track wagering by an organization licensee 
located in a county with a population in excess of 230,000 and 
borders the Mississippi River or any licensee that derives its 
license from that organization licensee shall be evenly 
distributed to the purse account of the organization licensee 
and the organization licensee.

 (d) A pari-mutuel ticket shall be honored until December 
31 of the
next calendar year, and the licensee shall pay the 
same and may
charge the amount thereof against unpaid money 
similarly accumulated on account
of pari-mutuel tickets not 
presented for payment.

 (e) No licensee shall knowingly permit any minor, other

than an employee of such licensee or an owner, trainer,

jockey, driver, or employee thereof, to be admitted during a 
racing
program unless accompanied by a parent or guardian, or 
any minor to be a
patron of the pari-mutuel system of wagering 
conducted or
supervised by it. The admission of any 
unaccompanied minor, other than
an employee of the licensee or 
an owner, trainer, jockey,
driver, or employee thereof at a 
race track is a Class C
misdemeanor.

 (f) Notwithstanding the other provisions of this Act, an

organization licensee may contract
with an entity in another 
state or country to permit any legal
wagering entity in 
another state or country to accept wagers solely within
such 
other state or country on races conducted by the organization 
licensee
in this State.
Beginning January 1, 2000, these 
wagers
shall not be subject to State
taxation. Until January 
1, 2000,
when the out-of-State entity conducts a pari-mutuel 
pool
separate from the organization licensee, a privilege tax 
equal to 7 1/2% of
all monies received by the organization 
licensee from entities in other states
or countries pursuant 
to such contracts is imposed on the organization
licensee, and 
such privilege tax shall be remitted to the
Department of 
Revenue
within 48 hours of receipt of the moneys from the 
simulcast. When the
out-of-State entity conducts a
combined 
pari-mutuel pool with the organization licensee, the tax shall 
be 10%
of all monies received by the organization licensee 
with 25% of the
receipts from this 10% tax to be distributed to 
the county
in which the race was conducted.

 An organization licensee may permit one or more of its 
races to be
utilized for
pari-mutuel wagering at one or more 
locations in other states and may
transmit audio and visual 
signals of races the organization licensee
conducts to one or

more locations outside the State or country and may also 
permit pari-mutuel
pools in other states or countries to be 
combined with its gross or net
wagering pools or with wagering 
pools established by other states.

 (g) A host track may accept interstate simulcast wagers on

horse
races conducted in other states or countries and shall 
control the
number of signals and types of breeds of racing in 
its simulcast program,
subject to the disapproval of the 
Board. The Board may prohibit a simulcast
program only if it 
finds that the simulcast program is clearly
adverse to the 
integrity of racing. The host track
simulcast program shall

include the signal of live racing of all organization 
licensees.
All non-host licensees and advance deposit wagering 
licensees shall carry the signal of and accept wagers on live 
racing of all organization licensees. Advance deposit wagering 
licensees shall not be permitted to accept out-of-state wagers 
on any Illinois signal provided pursuant to this Section 
without the approval and consent of the organization licensee 
providing the signal. For one year after August 15, 2014 (the 
effective date of Public Act 98-968), non-host licensees may 
carry the host track simulcast program and
shall accept wagers 
on all races included as part of the simulcast
program of horse 
races conducted at race tracks located within North America 
upon which wagering is permitted. For a period of one year 
after August 15, 2014 (the effective date of Public Act 
98-968), on horse races conducted at race tracks located 
outside of North America, non-host licensees may accept wagers 
on all races included as part of the simulcast program upon 
which wagering is permitted. Beginning August 15, 2015 (one 
year after the effective date of Public Act 98-968), non-host 
licensees may carry the host track simulcast program and shall 
accept wagers on all races included as part of the simulcast 
program upon which wagering is permitted.
All organization 
licensees shall provide their live signal to all advance 
deposit wagering licensees for a simulcast commission fee not 
to exceed 6% of the advance deposit wagering licensee's 
Illinois handle on the organization licensee's signal without 
prior approval by the Board. The Board may adopt rules under 
which it may permit simulcast commission fees in excess of 6%. 
The Board shall adopt rules limiting the interstate commission 
fees charged to an advance deposit wagering licensee. The 
Board shall adopt rules regarding advance deposit wagering on 
interstate simulcast races that shall reflect, among other 
things, the General Assembly's desire to maximize revenues to 
the State, horsemen purses, and organization licensees. 
However, organization licensees providing live signals 
pursuant to the requirements of this subsection (g) may 
petition the Board to withhold their live signals from an 
advance deposit wagering licensee if the organization licensee 
discovers and the Board finds reputable or credible 
information that the advance deposit wagering licensee is 
under investigation by another state or federal governmental 
agency, the advance deposit wagering licensee's license has 
been suspended in another state, or the advance deposit 
wagering licensee's license is in revocation proceedings in 
another state. The organization licensee's provision of their 
live signal to an advance deposit wagering licensee under this 
subsection (g) pertains to wagers placed from within Illinois. 
Advance deposit wagering licensees may place advance deposit 
wagering terminals at wagering facilities as a convenience to 
customers. The advance deposit wagering licensee shall not 
charge or collect any fee from purses for the placement of the 
advance deposit wagering terminals. The costs and expenses
of 
the host track and non-host licensees associated
with 
interstate simulcast
wagering, other than the interstate

commission fee, shall be borne by the host track and all

non-host licensees
incurring these costs.
The interstate 
commission fee shall not exceed 5% of Illinois handle on the

interstate simulcast race or races without prior approval of 
the Board. The
Board shall promulgate rules under which it may 
permit
interstate commission
fees in excess of 5%. The 
interstate commission
fee and other fees charged by the 
sending racetrack, including, but not
limited to, satellite 
decoder fees, shall be uniformly applied
to the host track and 
all non-host licensees.

 Notwithstanding any other provision of this Act, an 
organization licensee, with the consent of the horsemen 
association representing the largest number of owners, 
trainers, jockeys, or standardbred drivers who race horses at 
that organization licensee's racing meeting, may maintain a 
system whereby advance deposit wagering may take place or an 
organization licensee, with the consent of the horsemen 
association representing the largest number of owners, 
trainers, jockeys, or standardbred drivers who race horses at 
that organization licensee's racing meeting, may contract with 
another person to carry out a system of advance deposit 
wagering. Such consent may not be unreasonably withheld. Only 
with respect to an appeal to the Board that consent for an 
organization licensee that maintains its own advance deposit 
wagering system is being unreasonably withheld, the Board 
shall issue a final order within 30 days after initiation of 
the appeal, and the organization licensee's advance deposit 
wagering system may remain operational during that 30-day 
period. The actions of any organization licensee who conducts 
advance deposit wagering or any person who has a contract with 
an organization licensee to conduct advance deposit wagering 
who conducts advance deposit wagering on or after January 1, 
2013 and prior to June 7, 2013 (the effective date of Public 
Act 98-18) taken in reliance on the changes made to this 
subsection (g) by Public Act 98-18 are hereby validated, 
provided payment of all applicable pari-mutuel taxes are 
remitted to the Board. All advance deposit wagers placed from 
within Illinois must be placed through a Board-approved 
advance deposit wagering licensee; no other entity may accept 
an advance deposit wager from a person within Illinois. All 
advance deposit wagering is subject to any rules adopted by 
the Board. The Board may adopt rules necessary to regulate 
advance deposit wagering through the use of emergency 
rulemaking in accordance with Section 5-45 of the Illinois 
Administrative Procedure Act. The General Assembly finds that 
the adoption of rules to regulate advance deposit wagering is 
deemed an emergency and necessary for the public interest, 
safety, and welfare. An advance deposit wagering licensee may 
retain all moneys as agreed to by contract with an 
organization licensee. Any moneys retained by the organization 
licensee from advance deposit wagering, not including moneys 
retained by the advance deposit wagering licensee, shall be 
paid 50% to the organization licensee's purse account and 50% 
to the organization licensee. With the exception of any 
organization licensee that is owned by a publicly traded 
company that is incorporated in a state other than Illinois 
and advance deposit wagering licensees under contract with 
such organization licensees, organization licensees that 
maintain advance deposit wagering systems and advance deposit 
wagering licensees that contract with organization licensees 
shall provide sufficiently detailed monthly accountings to the 
horsemen association representing the largest number of 
owners, trainers, jockeys, or standardbred drivers who race 
horses at that organization licensee's racing meeting so that 
the horsemen association, as an interested party, can confirm 
the accuracy of the amounts paid to the purse account at the 
horsemen association's affiliated organization licensee from 
advance deposit wagering. If more than one breed races at the 
same race track facility, then the 50% of the moneys to be paid 
to an organization licensee's purse account shall be allocated 
among all organization licensees' purse accounts operating at 
that race track facility proportionately based on the actual 
number of host days that the Board grants to that breed at that 
race track facility in the current calendar year. To the 
extent any fees from advance deposit wagering conducted in 
Illinois for wagers in Illinois or other states have been 
placed in escrow or otherwise withheld from wagers pending a 
determination of the legality of advance deposit wagering, no 
action shall be brought to declare such wagers or the 
disbursement of any fees previously escrowed illegal.
  (1) Between the hours of 6:30 a.m. and 6:30 p.m. an

 inter-track wagering
licensee other than the host track 
 may supplement the host track simulcast
program with 
 additional simulcast races or race programs, provided that 
 between
January 1 and the third Friday in February of any 
 year, inclusive, if no live
thoroughbred racing is 
 occurring in Illinois during this period, only

 thoroughbred races may be used
for supplemental interstate 
 simulcast purposes. The Board shall withhold
approval for 
 a supplemental interstate simulcast only if it finds that 
 the
simulcast is clearly adverse to the integrity of 
 racing. A supplemental
interstate simulcast may be 
 transmitted from an inter-track wagering licensee to
its 
 affiliated non-host licensees. The interstate commission 
 fee for a
supplemental interstate simulcast shall be paid 
 by the non-host licensee and
its affiliated non-host 
 licensees receiving the simulcast.

  (2) Between the hours of 6:30 p.m. and 6:30 a.m. an

 inter-track wagering
licensee other than the host track 
 may receive supplemental interstate
simulcasts only with 
 the consent of the host track, except when the Board
finds 
 that the simulcast is
clearly adverse to the integrity of 
 racing. Consent granted under this
paragraph (2) to any 
 inter-track wagering licensee shall be deemed consent to

 all non-host licensees. The interstate commission fee for 
 the supplemental
interstate simulcast shall be paid
by all 
 participating non-host licensees.

  (3) Each licensee conducting interstate simulcast 
 wagering may retain,
subject to the payment of all 
 applicable taxes and the purses, an amount not to
exceed 
 17% of all money wagered. If any licensee conducts the 
 pari-mutuel
system wagering on races conducted at 
 racetracks in another state or country,
each such race or 
 race program shall be considered a separate racing day for

 the purpose of determining the daily handle and computing 
 the privilege tax of
that daily handle as provided in 
 subsection (a) of Section 27.
Until January 1, 2000,
from 
 the sums permitted to be retained pursuant to this 
 subsection, each
inter-track wagering location licensee 
 shall pay 1% of the pari-mutuel handle
wagered on 
 simulcast wagering to the Horse Racing Tax Allocation 
 Fund, subject
to the provisions of subparagraph (B) of 
 paragraph (11) of subsection (h) of
Section 26 of this 
 Act.

  (4) A licensee who receives an interstate simulcast 
 may combine its gross
or net pools with pools at the 
 sending racetracks pursuant to rules established
by the 
 Board. All licensees combining their gross pools
at a

 sending racetrack shall adopt the takeout percentages of 
 the sending
racetrack.
A licensee may also establish a 
 separate pool and takeout structure for
wagering purposes 
 on races conducted at race tracks outside of the
State of 
 Illinois. The licensee may permit pari-mutuel wagers 
 placed in other
states or
countries to be combined with 
 its gross or net wagering pools or other
wagering pools.

  (5) After the payment of the interstate commission fee 
 (except for the
interstate commission
fee on a 
 supplemental interstate simulcast, which shall be paid by 
 the host
track and by each non-host licensee through the 
 host track) and all applicable
State and local
taxes, 
 except as provided in subsection (g) of Section 27 of this 
 Act, the
remainder of moneys retained from simulcast 
 wagering pursuant to this
subsection (g), and Section 26.2 
 shall be divided as follows:

   (A) For interstate simulcast wagers made at a host 
 track, 50% to the
host
track and 50% to purses at the 
 host track.

   (B) For wagers placed on interstate simulcast 
 races, supplemental
simulcasts as defined in 
 subparagraphs (1) and (2), and separately pooled races

 conducted outside of the State of Illinois made at a 
 non-host
licensee, 25% to the host
track, 25% to the 
 non-host licensee, and 50% to the purses at the host 
 track.

  (6) Notwithstanding any provision in this Act to the 
 contrary, non-host
licensees
who derive their licenses 
 from a track located in a county with a population in

 excess of 230,000 and that borders the Mississippi River 
 may receive
supplemental interstate simulcast races at all 
 times subject to Board approval,
which shall be withheld 
 only upon a finding that a supplemental interstate

 simulcast is clearly adverse to the integrity of racing.

  (7) Effective January 1, 2017, notwithstanding any 
 provision of this Act to the contrary, after
payment of 
 all applicable State and local taxes and interstate 
 commission fees,
non-host licensees who derive their 
 licenses from a track located in a county
with a 
 population in excess of 230,000 and that borders the 
 Mississippi River
shall retain 50% of the retention from 
 interstate simulcast wagers and shall
pay 50% to purses at 
 the track from which the non-host licensee derives its

 license.

  (7.1) Notwithstanding any other provision of this Act 
 to the contrary,
if
no
standardbred racing is conducted at 
 a racetrack located in Madison County
during any
calendar 
 year beginning on or after January 1, 2002, all
moneys 
 derived by
that racetrack from simulcast wagering and 
 inter-track wagering that (1) are to
be used
for purses 
 and (2) are generated between the hours of 6:30 p.m. and 
 6:30 a.m.
during that
calendar year shall
be paid as 
 follows:

   (A) If the licensee that conducts horse racing at 
 that racetrack
requests from the Board at least as 
 many racing dates as were conducted in
calendar year 
 2000, 80% shall be paid to its thoroughbred purse 
 account; and

   (B) Twenty percent shall be deposited into the 
 Illinois Colt Stakes
Purse
Distribution
Fund and shall 
 be paid to purses for standardbred races for Illinois 
 conceived
and foaled horses conducted at any county 
 fairgrounds.
The moneys deposited into the Fund 
 pursuant to this subparagraph (B) shall be
deposited

 within 2
weeks after the day they were generated, 
 shall be in addition to and not in
lieu of any other

 moneys paid to standardbred purses under this Act, and 
 shall not be commingled
with other moneys paid into 
 that Fund. The moneys deposited
pursuant to this 
 subparagraph (B) shall be allocated as provided by the

 Department of Agriculture, with the advice and 
 assistance of the Illinois
Standardbred
Breeders Fund 
 Advisory Board.

  (7.2) Notwithstanding any other provision of this Act 
 to the contrary, if
no
thoroughbred racing is conducted at 
 a racetrack located in Madison County
during any
calendar 
 year beginning on or after January 1,
2002, all
moneys 
 derived by
that racetrack from simulcast wagering and 
 inter-track wagering that (1) are to
be used
for purses 
 and (2) are generated between the hours of 6:30 a.m. and 
 6:30 p.m.
during that
calendar year shall
be deposited as 
 follows:

   (A) If the licensee that conducts horse racing at 
 that racetrack
requests from the
Board at least
as 
 many racing dates as were conducted in calendar year 
 2000, 80%
shall be deposited into its standardbred 
 purse
account; and

   (B) Twenty percent shall be deposited into the 
 Illinois Colt Stakes
Purse
Distribution Fund. Moneys 
 deposited into the Illinois Colt Stakes Purse

 Distribution Fund
pursuant to this subparagraph (B) 
 shall be paid to Illinois
conceived and foaled 
 thoroughbred breeders' programs
and to thoroughbred 
 purses for races conducted at any county fairgrounds 
 for
Illinois conceived
and foaled horses at the 
 discretion of the
Department of Agriculture, with the 
 advice and assistance of
the Illinois Thoroughbred 
 Breeders Fund Advisory
Board. The moneys deposited 
 into the Illinois Colt Stakes Purse Distribution
Fund

 pursuant to this subparagraph (B) shall be deposited 
 within 2 weeks
after the day they were generated, 
 shall be in addition to and not in
lieu of any other 
 moneys paid to thoroughbred purses
under this Act, and 
 shall not be commingled with other moneys deposited 
 into
that Fund.

  (8) Notwithstanding any provision in this Act to the 
 contrary, an
organization licensee from a track located in 
 a county with a population in
excess of 230,000 and that 
 borders the Mississippi River and its affiliated
non-host 
 licensees shall not be entitled to share in any retention 
 generated on
racing, inter-track wagering, or simulcast 
 wagering at any other Illinois
wagering facility.

  (8.1) Notwithstanding any provisions in this Act to 
 the contrary, if 2
organization licensees
are conducting 
 standardbred race meetings concurrently
between the hours 
 of 6:30 p.m. and 6:30 a.m., after payment of all 
 applicable
State and local taxes and interstate commission 
 fees, the remainder of the
amount retained from simulcast 
 wagering otherwise attributable to the host
track and to 
 host track purses shall be split daily between the 2

 organization licensees and the purses at the tracks of the 
 2 organization
licensees, respectively, based on each 
 organization licensee's share
of the total live handle for 
 that day,
provided that this provision shall not apply to 
 any non-host licensee that
derives its license from a 
 track located in a county with a population in
excess of 
 230,000 and that borders the Mississippi River.

  (9) (Blank).

  (10) (Blank).

  (11) (Blank).

  (12) The Board shall have authority to compel all host 
 tracks to receive
the simulcast of any or all races 
 conducted at the Springfield or DuQuoin State
fairgrounds 
 and include all such races as part of their simulcast 
 programs.

  (13) Notwithstanding any other provision of this Act, 
 in the event that
the total Illinois pari-mutuel handle on 
 Illinois horse races at all wagering
facilities in any 
 calendar year is less than 75% of the total Illinois

 pari-mutuel handle on Illinois horse races at all such 
 wagering facilities for
calendar year 1994, then each 
 wagering facility that has an annual total
Illinois 
 pari-mutuel handle on Illinois horse races that is less 
 than 75% of
the total Illinois pari-mutuel handle on 
 Illinois horse races at such wagering
facility for 
 calendar year 1994, shall be permitted to receive, from 
 any amount
otherwise
payable to the purse account at the 
 race track with which the wagering facility
is affiliated 
 in the succeeding calendar year, an amount equal to 2% of 
 the
differential in total Illinois pari-mutuel handle on 
 Illinois horse
races at the wagering facility between that 
 calendar year in question and 1994
provided, however, that 
 a
wagering facility shall not be entitled to any such 
 payment until the Board
certifies in writing to the 
 wagering facility the amount to which the wagering

 facility is entitled
and a schedule for payment of the 
 amount to the wagering facility, based on:
(i) the racing 
 dates awarded to the race track affiliated with the 
 wagering
facility during the succeeding year; (ii) the 
 sums available or anticipated to
be available in the purse 
 account of the race track affiliated with the
wagering 
 facility for purses during the succeeding year; and (iii) 
 the need to
ensure reasonable purse levels during the 
 payment period.
The Board's certification
shall be 
 provided no later than January 31 of the succeeding year.

 In the event a wagering facility entitled to a payment 
 under this paragraph
(13) is affiliated with a race track 
 that maintains purse accounts for both
standardbred and 
 thoroughbred racing, the amount to be paid to the wagering

 facility shall be divided between each purse account pro 
 rata, based on the
amount of Illinois handle on Illinois 
 standardbred and thoroughbred racing
respectively at the 
 wagering facility during the previous calendar year.

 Annually, the General Assembly shall appropriate 
 sufficient funds from the
General Revenue Fund to the 
 Department of Agriculture for payment into the

 thoroughbred and standardbred horse racing purse accounts 
 at
Illinois pari-mutuel tracks. The amount paid to each 
 purse account shall be
the amount certified by the 
 Illinois Racing Board in January to be
transferred from 
 each account to each eligible racing facility in

 accordance with the provisions of this Section. Beginning 
 in the calendar year in which an organization licensee 
 that is eligible to receive payment under this paragraph 
 (13) begins to receive funds from gaming pursuant to an 
 organization gaming license issued under the Illinois 
 Gambling Act, the amount of the payment due to all 
 wagering facilities licensed under that organization 
 licensee under this paragraph (13) shall be the amount 
 certified by the Board in January of that year. An 
 organization licensee and its related wagering facilities 
 shall no longer be able to receive payments under this 
 paragraph (13) beginning in the year subsequent to the 
 first year in which the organization licensee begins to 
 receive funds from gaming pursuant to an organization 
 gaming license issued under the Illinois Gambling Act.

 (h) The Board may approve and license the conduct of 
inter-track wagering
and simulcast wagering by inter-track 
wagering licensees and inter-track
wagering location licensees 
subject to the following terms and conditions:

  (1) Any person licensed to conduct a race meeting (i) 
 at a track where
60 or more days of racing were conducted 
 during the immediately preceding
calendar year or where 
 over the 5 immediately preceding calendar years an
average 
 of 30 or more days of racing were conducted annually may be 
 issued an
inter-track wagering license; (ii) at a track

 located in a county that is bounded by the Mississippi 
 River, which has a
population of less than 150,000 
 according to the 1990 decennial census, and an
average of 
 at least 60 days of racing per year between 1985 and 1993 
 may be
issued an inter-track wagering license; (iii) at a 
 track awarded standardbred racing dates; or (iv) at a 
 track
located in Madison
County that conducted at least 
 100 days of live racing during the immediately
preceding

 calendar year may be issued an inter-track wagering 
 license, unless a lesser
schedule of
live racing is the 
 result of (A) weather, unsafe track conditions, or other

 acts of God; (B)
an agreement between the organization 
 licensee and the associations
representing the
largest 
 number of owners, trainers, jockeys, or standardbred 
 drivers who race
horses at
that organization licensee's 
 racing meeting; or (C) a finding by the Board of

 extraordinary circumstances and that it was in the best 
 interest of the public
and the sport to conduct fewer than 
 100 days of live racing. Any such person
having operating 
 control of the racing facility may receive
inter-track 
 wagering
location licenses. An
eligible race track located 
 in a county that has a population of more than
230,000 and 
 that is bounded by the Mississippi River may establish up 
 to 9
inter-track wagering locations, an eligible race 
 track located in Stickney Township in Cook County may 
 establish up to 16 inter-track wagering locations, and an 
 eligible race track located in Palatine Township in Cook 
 County may establish up to 18 inter-track wagering 
 locations. An eligible racetrack conducting standardbred 
 racing may have up to 16 inter-track wagering locations.

 An application for
said license shall be filed with the 
 Board prior to such dates as may be
fixed by the Board. 
 With an application for an inter-track
wagering
location 
 license there shall be delivered to the Board a certified 
 check or
bank draft payable to the order of the Board for 
 an amount equal to $500.
The application shall be on forms 
 prescribed and furnished by the Board. The
application 
 shall comply with all other rules,
regulations and 
 conditions imposed by the Board in connection therewith.

  (2) The Board shall examine the applications with 
 respect to their
conformity with this Act and the rules 
 and regulations imposed by the
Board. If found to be in 
 compliance with the Act and rules and regulations
of the 
 Board, the Board may then issue a license to conduct 
 inter-track
wagering and simulcast wagering to such 
 applicant. All such applications
shall be acted upon by 
 the Board at a meeting to be held on such date as may be

 fixed by the Board.

  (3) In granting licenses to conduct inter-track 
 wagering and simulcast
wagering, the Board shall give due 
 consideration to
the best interests of the
public, of 
 horse racing, and of maximizing revenue to the State.

  (4) Prior to the issuance of a license to conduct 
 inter-track wagering
and simulcast wagering,
the applicant 
 shall file with the Board a bond payable to the State of 
 Illinois
in the sum of $50,000, executed by the applicant 
 and a surety company or
companies authorized to do 
 business in this State, and conditioned upon
(i) the 
 payment by the licensee of all taxes due under Section 27 
 or 27.1
and any other monies due and payable under this 
 Act, and (ii)
distribution by the licensee, upon 
 presentation of the winning ticket or
tickets, of all sums 
 payable to the patrons of pari-mutuel pools.

  (5) Each license to conduct inter-track wagering and 
 simulcast
wagering shall specify the person
to whom it is 
 issued, the dates on which such wagering is permitted, and

 the track or location where the wagering is to be 
 conducted.

  (6) All wagering under such license is subject to this 
 Act and to the
rules and regulations from time to time 
 prescribed by the Board, and every
such license issued by 
 the Board shall contain a recital to that effect.

  (7) An inter-track wagering licensee or inter-track 
 wagering location
licensee may accept wagers at the track 
 or location
where it is licensed, or as otherwise provided 
 under this Act.

  (8) Inter-track wagering or simulcast wagering shall 
 not be
conducted
at any track less than 4 miles from a 
 track at which a racing meeting is in
progress.

  (8.1) Inter-track wagering location
licensees who 
 derive their licenses from a particular organization 
 licensee
shall conduct inter-track wagering and simulcast 
 wagering only at locations that
are within 160 miles of 
 that race track
where
the particular organization licensee 
 is licensed to conduct racing. However, inter-track 
 wagering and simulcast wagering
shall not
be conducted by 
 those licensees at any location within 5 miles of any race

 track at which a
horse race meeting has been licensed in 
 the current year, unless the person
having operating 
 control of such race track has given its written consent

 to such inter-track wagering location licensees,
which 
 consent
must be filed with the Board at or prior to the 
 time application is made. In the case of any inter-track 
 wagering location licensee initially licensed after 
 December 31, 2013, inter-track wagering and simulcast 
 wagering shall not be conducted by those inter-track 
 wagering location licensees that are located outside the 
 City of Chicago at any location within 8 miles of any race 
 track at which a horse race meeting has been licensed in 
 the current year, unless the person having operating 
 control of such race track has given its written consent 
 to such inter-track wagering location licensees, which 
 consent must be filed with the Board at or prior to the 
 time application is made. 

  (8.2) Inter-track wagering or simulcast wagering shall 
 not be
conducted by an inter-track
wagering location 
 licensee at any location within 100 feet of an
existing

 church, an existing elementary or secondary public school, 
 or an existing elementary or secondary private school 
 registered with or recognized by the State Board of 
 Education. The
distance of 100 feet shall be measured to 
 the nearest part of any
building
used for worship 
 services, education programs, or
conducting inter-track 
 wagering by an inter-track wagering location
licensee, and 
 not to property boundaries. However, inter-track wagering 
 or
simulcast wagering may be conducted at a site within 
 100 feet of
a church or school if such church or school
has 
 been erected
or established after
the Board issues
the 
 original inter-track wagering location license at the site 
 in question.
Inter-track wagering location licensees may 
 conduct inter-track wagering
and simulcast wagering only 
 in areas that are zoned for
commercial or manufacturing 
 purposes or
in areas for which a special use has been 
 approved by the local zoning
authority. However, no 
 license to conduct inter-track wagering and simulcast

 wagering shall be
granted by the Board with respect to any 
 inter-track wagering location
within the jurisdiction of 
 any local zoning authority which has, by
ordinance or by 
 resolution, prohibited the establishment of an inter-track

 wagering location within its jurisdiction. However, 
 inter-track wagering
and simulcast wagering may be 
 conducted at a site if such ordinance or
resolution is 
 enacted after
the Board licenses the original inter-track 
 wagering location
licensee for the site in question.

  (9) (Blank).

  (10) An inter-track wagering licensee or an 
 inter-track wagering
location licensee may retain, subject 
 to the
payment of the privilege taxes and the purses, an 
 amount not to
exceed 17% of all money wagered. Each 
 program of racing conducted by
each inter-track wagering 
 licensee or inter-track wagering location
licensee shall 
 be considered a separate racing day for the purpose of

 determining the daily handle and computing the privilege 
 tax or pari-mutuel
tax on such daily
handle as provided in 
 Section 27.

  (10.1) Except as provided in subsection (g) of Section 
 27 of this Act,
inter-track wagering location licensees 
 shall pay 1% of the
pari-mutuel handle at each location to 
 the municipality in which such
location is situated and 1% 
 of the pari-mutuel handle at each location to
the county 
 in which such location is situated. In the event that an

 inter-track wagering location licensee is situated in an 
 unincorporated
area of a county, such licensee shall pay 
 2% of the pari-mutuel handle from
such location to such 
 county. Inter-track wagering location licensees must pay 
 the handle percentage required under this paragraph to the 
 municipality and county no later than the 20th of the 
 month following the month such handle was generated.

  (10.2) Notwithstanding any other provision of this 
 Act, with respect to inter-track
wagering at a race track 
 located in a
county that has a population of
more than 
 230,000 and that is bounded by the Mississippi River ("the 
 first race
track"), or at a facility operated by an 
 inter-track wagering licensee or
inter-track wagering 
 location licensee that derives its license from the

 organization licensee that operates the first race track, 
 on races conducted at
the first race track or on races 
 conducted at another Illinois race track
and 
 simultaneously televised to the first race track or to a 
 facility operated
by an inter-track wagering licensee or 
 inter-track wagering location licensee
that derives its 
 license from the organization licensee that operates the 
 first
race track, those moneys shall be allocated as 
 follows:

   (A) That portion of all moneys wagered on 
 standardbred racing that is
required under this Act to 
 be paid to purses shall be paid to purses for

 standardbred races.

   (B) That portion of all moneys wagered on 
 thoroughbred racing
that is required under this Act to 
 be paid to purses shall be paid to purses
for 
 thoroughbred races.

  (11) (A) After payment of the privilege or pari-mutuel 
 tax, any other
applicable
taxes, and
the costs and 
 expenses in connection with the gathering, transmission, 
 and
dissemination of all data necessary to the conduct of 
 inter-track wagering,
the remainder of the monies retained 
 under either Section 26 or Section 26.2
of this Act by the 
 inter-track wagering licensee on inter-track wagering

 shall be allocated with 50% to be split between the
2 
 participating licensees and 50% to purses, except
that an 
 inter-track wagering licensee that derives its
license 
 from a track located in a county with a population in 
 excess of 230,000
and that borders the Mississippi River 
 shall not divide any remaining
retention with the Illinois 
 organization licensee that provides the race or
races, and 
 an inter-track wagering licensee that accepts wagers on 
 races
conducted by an organization licensee that conducts 
 a race meet in a county
with a population in excess of 
 230,000 and that borders the Mississippi River
shall not 
 divide any remaining retention with that organization 
 licensee.

  (B) From the
sums permitted to be retained pursuant to 
 this Act each inter-track wagering
location licensee shall 
 pay (i) the privilege or pari-mutuel tax to the
State; 
 (ii) 4.75% of the
pari-mutuel handle on inter-track 
 wagering at such location on
races as purses, except that

 an inter-track wagering location licensee that derives its 
 license from a
track located in a county with a population 
 in excess of 230,000 and that
borders the Mississippi 
 River shall retain all purse moneys for its own purse

 account consistent with distribution set forth in this 
 subsection (h), and inter-track
wagering location 
 licensees that accept wagers on races
conducted
by an 
 organization licensee located in a county with a 
 population in excess of
230,000 and that borders the 
 Mississippi River shall distribute all purse
moneys to 
 purses at the operating host track; (iii) until January 1, 
 2000,
except as
provided in
subsection (g) of Section 27 
 of this Act, 1% of the
pari-mutuel handle wagered on 
 inter-track wagering and simulcast wagering at
each 
 inter-track wagering
location licensee facility to the 
 Horse Racing Tax Allocation Fund, provided
that, to the 
 extent the total amount collected and distributed to the 
 Horse
Racing Tax Allocation Fund under this subsection (h) 
 during any calendar year
exceeds the amount collected and 
 distributed to the Horse Racing Tax Allocation
Fund during 
 calendar year 1994, that excess amount shall be 
 redistributed (I)
to all inter-track wagering location 
 licensees, based on each licensee's pro rata
share of the 
 total handle from inter-track wagering and simulcast

 wagering for all inter-track wagering location licensees 
 during the calendar
year in which this provision is 
 applicable; then (II) the amounts redistributed
to each 
 inter-track wagering location licensee as described in 
 subpart (I)
shall be further redistributed as provided in 
 subparagraph (B) of paragraph (5)
of subsection (g) of 
 this Section 26 provided first, that the shares of those

 amounts, which are to be redistributed to the host track 
 or to purses at the
host track under subparagraph (B) of 
 paragraph (5) of subsection (g) of this
Section 26 shall 
 be
redistributed based on each host track's pro rata share 
 of the total
inter-track
wagering and simulcast wagering 
 handle at all host tracks during the calendar
year in 
 question, and second, that any amounts redistributed as 
 described in
part (I) to an inter-track wagering location 
 licensee that accepts
wagers on races conducted by an 
 organization licensee that conducts a race meet
in a 
 county with a population in excess of 230,000 and that 
 borders the
Mississippi River shall be further 
 redistributed, effective January 1, 2017, as provided in 
 paragraph (7) of subsection (g) of this Section 26, with 
 the
portion of that
further redistribution allocated to 
 purses at that organization licensee to be
divided between 
 standardbred purses and thoroughbred purses based on the

 amounts otherwise allocated to purses at that organization 
 licensee during the
calendar year in question; and (iv) 8% 
 of the pari-mutuel handle on
inter-track wagering wagered 
 at
such location to satisfy all costs and expenses of 
 conducting its wagering. The
remainder of the monies 
 retained by the inter-track wagering location licensee

 shall be allocated 40% to the location licensee and 60% to 
 the organization
licensee which provides the Illinois 
 races to the location, except that an inter-track
wagering 
 location
licensee that derives its license from a track 
 located in a county with a
population in excess of 230,000 
 and that borders the Mississippi River shall
not divide 
 any remaining retention with the organization licensee 
 that provides
the race or races and an inter-track 
 wagering location licensee that accepts
wagers on races 
 conducted by an organization licensee that conducts a race 
 meet
in a county with a population in excess of 230,000 and 
 that borders the
Mississippi River shall not divide any 
 remaining retention with the
organization licensee.

 Notwithstanding the provisions of clauses (ii) and (iv) of 
 this
paragraph, in the case of the additional inter-track 
 wagering location licenses
authorized under paragraph (1) 
 of this subsection (h) by Public Act 87-110, those 
 licensees shall pay the following amounts as purses:

 during the first 12 months the licensee is in operation, 
 5.25% of
the
pari-mutuel handle wagered at the location on 
 races; during the second 12
months, 5.25%; during the 
 third 12 months, 5.75%;
during
the fourth 12 months,

 6.25%; and during the fifth 12 months and thereafter, 
 6.75%. The
following amounts shall be retained by the 
 licensee to satisfy all costs
and expenses of conducting 
 its wagering: during the first 12 months the
licensee is 
 in operation, 8.25% of the pari-mutuel handle wagered
at 
 the
location; during the second 12 months, 8.25%; during 
 the third 12
months, 7.75%;
during the fourth 12 months, 
 7.25%; and during the fifth 12 months
and
thereafter, 
 6.75%.
For additional inter-track wagering location 
 licensees authorized under Public Act 89-16, purses for 
 the first 12 months the licensee is in operation shall
be 
 5.75% of the pari-mutuel wagered
at the location, purses 
 for the second 12 months the licensee is in operation

 shall be 6.25%, and purses
thereafter shall be 6.75%. For 
 additional inter-track location
licensees
authorized under 
 Public Act 89-16, the licensee shall be allowed to retain 
 to satisfy
all costs and expenses: 7.75% of the 
 pari-mutuel handle wagered at
the location
during its 
 first 12 months of operation, 7.25% during its second
12

 months of
operation, and 6.75% thereafter.

  (C) There is hereby created the Horse Racing Tax 
 Allocation Fund
which shall remain in existence until 
 December 31, 1999. Moneys
remaining in the Fund after 
 December 31, 1999
shall be paid into the
General Revenue 
 Fund. Until January 1, 2000,
all monies paid into the 
 Horse Racing Tax Allocation Fund pursuant to this

 paragraph (11) by inter-track wagering location licensees 
 located in park
districts of 500,000 population or less, 
 or in a municipality that is not
included within any park 
 district but is included within a conservation
district 
 and is the county seat of a county that (i) is contiguous 
 to the state
of Indiana and (ii) has a 1990 population of 
 88,257 according to the United
States Bureau of the 
 Census, and operating on May 1, 1994 shall be
allocated by 
 appropriation as follows:

   Two-sevenths to the Department of Agriculture. 
 Fifty percent of
this two-sevenths shall be used to 
 promote the Illinois horse racing and
breeding 
 industry, and shall be distributed by the Department 
 of Agriculture
upon the advice of a 9-member committee 
 appointed by the Governor consisting of
the following 
 members: the Director of Agriculture, who shall serve 
 as
chairman; 2 representatives of organization 
 licensees conducting thoroughbred
race meetings in 
 this State, recommended by those licensees; 2 
 representatives
of organization licensees conducting 
 standardbred race meetings in this State,
recommended 
 by those licensees; a representative of the Illinois

 Thoroughbred Breeders and Owners Foundation, 
 recommended by that
Foundation; a representative of 
 the Illinois Standardbred Owners and
Breeders 
 Association, recommended
by that Association; a 
 representative of
the Horsemen's Benevolent and 
 Protective Association or any successor
organization 
 thereto established in Illinois comprised of the 
 largest number of
owners and trainers, recommended by 
 that
Association or that successor organization; and a

 representative of the Illinois Harness Horsemen's

 Association, recommended by that Association. 
 Committee members shall
serve for terms of 2 years, 
 commencing January 1 of each even-numbered
year. If a 
 representative of any of the above-named entities has 
 not been
recommended by January 1 of any even-numbered 
 year, the Governor shall
appoint a committee member to 
 fill that position. Committee members shall
receive no 
 compensation for their services as members but shall 
 be
reimbursed for all actual and necessary expenses 
 and disbursements incurred
in the performance of their 
 official duties. The remaining 50% of this

 two-sevenths shall be distributed to county fairs for 
 premiums and
rehabilitation as set forth in the 
 Agricultural Fair Act;

   Four-sevenths to park districts or municipalities 
 that do not have a
park district of 500,000 population 
 or less for museum purposes (if an
inter-track 
 wagering location licensee is located in such a park 
 district) or
to conservation districts for museum 
 purposes (if an inter-track wagering
location licensee 
 is located in a municipality that is not included 
 within any
park district but is included within a 
 conservation district and is the county
seat of a 
 county that (i) is contiguous to the state of Indiana 
 and (ii) has a
1990 population of 88,257 according to 
 the United States Bureau of the Census,
except that if 
 the conservation district does not maintain a museum, 
 the monies
shall be allocated equally between the 
 county and the municipality in which the
inter-track 
 wagering location licensee is located for general 
 purposes) or to a
municipal recreation board for park 
 purposes (if an inter-track wagering
location licensee 
 is located in a municipality that is not included 
 within any
park district and park maintenance is the 
 function of the municipal recreation
board and the 
 municipality has a 1990 population of 9,302 according 
 to the
United States Bureau of the Census); provided 
 that the monies are distributed
to each park district 
 or conservation district or municipality that does not

 have a park district in an amount equal to 
 four-sevenths of the amount
collected by each 
 inter-track wagering location licensee within the park

 district or conservation district or municipality for 
 the Fund. Monies that
were paid into the Horse Racing 
 Tax Allocation Fund before August 9, 1991 (the 
 effective date
of Public Act 87-110) by an inter-track 
 wagering location licensee
located in a municipality 
 that is not included within any park district but is

 included within a conservation district as provided in 
 this paragraph shall, as
soon as practicable after 
 August 9, 1991 (the effective date of Public Act 
 87-110), be
allocated and paid to that conservation 
 district as provided in this paragraph.
Any park 
 district or municipality not maintaining a museum may 
 deposit the
monies in the corporate fund of the park 
 district or municipality where the
inter-track 
 wagering location is located, to be used for general 
 purposes;
and

   One-seventh to the Agricultural Premium Fund to be 
 used for distribution
to agricultural home economics 
 extension councils in accordance with "An
Act in 
 relation to additional support and finances for the 
 Agricultural and
Home Economic Extension Councils in 
 the several counties of this State and
making an 
 appropriation therefor", approved July 24, 1967.

  Until January 1, 2000, all other
monies paid into the 
 Horse Racing Tax
Allocation Fund pursuant to
this 
 paragraph (11) shall be allocated by appropriation as 
 follows:

   Two-sevenths to the Department of Agriculture. 
 Fifty percent of this
two-sevenths shall be used to 
 promote the Illinois horse racing and breeding

 industry, and shall be distributed by the Department 
 of Agriculture upon the
advice of a 9-member committee 
 appointed by the Governor consisting of the
following 
 members: the Director of Agriculture, who shall serve 
 as chairman; 2
representatives of organization 
 licensees conducting thoroughbred race meetings
in 
 this State, recommended by those licensees; 2 
 representatives of
organization licensees conducting 
 standardbred race meetings in this State,
recommended 
 by those licensees; a representative of the Illinois 
 Thoroughbred
Breeders and Owners Foundation, 
 recommended by that Foundation; a
representative of 
 the Illinois Standardbred Owners and Breeders 
 Association,
recommended by that Association; a 
 representative of the Horsemen's Benevolent
and 
 Protective Association or any successor organization 
 thereto established
in Illinois comprised of the 
 largest number of owners and trainers,
recommended by 
 that Association or that successor organization; and a

 representative of the Illinois Harness Horsemen's 
 Association, recommended by
that Association. 
 Committee members shall serve for terms of 2 years,

 commencing January 1 of each even-numbered year. If a 
 representative of any of
the above-named entities has 
 not been recommended by January 1 of any
even-numbered 
 year, the Governor shall appoint a committee member to 
 fill that
position. Committee members shall receive no 
 compensation for their services
as members but shall 
 be reimbursed for all actual and necessary expenses 
 and
disbursements incurred in the performance of their 
 official duties. The
remaining 50% of this 
 two-sevenths shall be distributed to county fairs for

 premiums and rehabilitation as set forth in the 
 Agricultural Fair Act;

   Four-sevenths to museums and aquariums located in 
 park districts of over
500,000 population; provided 
 that the monies are distributed in accordance with
the 
 previous year's distribution of the maintenance tax 
 for such museums and
aquariums as provided in Section 
 2 of the Park District Aquarium and Museum
Act; and

   One-seventh to the Agricultural Premium Fund to be 
 used for distribution
to agricultural home economics 
 extension councils in accordance with "An Act
in 
 relation to additional support and finances for the 
 Agricultural and
Home Economic Extension Councils in 
 the several counties of this State and
making an 
 appropriation therefor", approved July 24, 1967.
This 
 subparagraph (C) shall be inoperative and of no force 
 and effect on and
after January 1, 2000.

   (D) Except as provided in paragraph (11) of this 
 subsection (h),
with respect to purse allocation from 
 inter-track wagering, the monies so
retained shall be 
 divided as follows:

    (i) If the inter-track wagering licensee, 
 except an inter-track
wagering licensee that 
 derives its license from an organization
licensee 
 located in a county with a population in excess of 
 230,000 and bounded
by the Mississippi River, is 
 not conducting its own
race meeting during the 
 same dates, then the entire purse allocation shall 
 be
to purses at the track where the races wagered 
 on are being conducted.

    (ii) If the inter-track wagering licensee, 
 except an inter-track
wagering licensee that 
 derives its license from an organization
licensee 
 located in a county with a population in excess of 
 230,000 and bounded
by the Mississippi River, is 
 also
conducting its own
race meeting during the 
 same dates, then the purse allocation shall be as

 follows: 50% to purses at the track where the 
 races wagered on are
being conducted; 50% to 
 purses at the track where the inter-track
wagering 
 licensee is accepting such wagers.

    (iii) If the inter-track wagering is being 
 conducted by an inter-track
wagering location 
 licensee, except an inter-track wagering location 
 licensee
that derives its license from an 
 organization licensee located in a
county with a 
 population in excess of 230,000 and bounded by the 
 Mississippi
River, the entire purse allocation for 
 Illinois races shall
be to purses at the track 
 where the race meeting being wagered on is being

 held.

  (12) The Board shall have all powers necessary and 
 proper to fully
supervise and control the conduct of

 inter-track wagering and simulcast
wagering by inter-track 
 wagering licensees and inter-track wagering location

 licensees, including, but not
limited to, the following:

   (A) The Board is vested with power to promulgate 
 reasonable rules and
regulations for the purpose of 
 administering the
conduct of this
wagering and to 
 prescribe reasonable rules, regulations and conditions 
 under
which such wagering shall be held and conducted. 
 Such rules and regulations
are to provide for the 
 prevention of practices detrimental to the public

 interest and for
the best interests of said wagering 
 and to impose penalties
for violations thereof.

   (B) The Board, and any person or persons to whom it 
 delegates this
power, is vested with the power to 
 enter the
facilities of any licensee to determine 
 whether there has been
compliance with the provisions 
 of this Act and the rules and regulations
relating to 
 the conduct of such wagering.

   (C) The Board, and any person or persons to whom it 
 delegates this
power, may eject or exclude from any 
 licensee's facilities, any person whose
conduct or 
 reputation
is such that his presence on such premises 
 may, in the opinion of the Board,
call into the 
 question the honesty and integrity of, or interfere 
 with the
orderly conduct of such wagering; provided, 
 however, that no person shall
be excluded or ejected 
 from such premises solely on the grounds of race,

 color, creed, national origin, ancestry, or sex.

   (D) (Blank).

   (E) The Board is vested with the power to appoint 
 delegates to execute
any of the powers granted to it 
 under this Section for the purpose of
administering 
 this wagering and any
rules and
regulations

 promulgated in accordance with this Act.

   (F) The Board shall name and appoint a State 
 director of this wagering
who shall be a 
 representative of the Board and whose
duty it shall
be 
 to supervise the conduct of inter-track wagering as 
 may be provided for
by the rules and regulations of the 
 Board; such rules and regulation shall
specify the 
 method of appointment and the Director's powers, 
 authority and
duties.

   (G) The Board is vested with the power to impose 
 civil penalties of up
to $5,000 against individuals 
 and up to $10,000 against
licensees for each violation 
 of any provision of
this Act relating to the conduct of 
 this wagering, 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 
 such wagering.

  (13) The Department of Agriculture may enter into 
 agreements with
licensees authorizing such licensees to 
 conduct inter-track
wagering on races to be held at the 
 licensed race meetings conducted by the
Department of 
 Agriculture. Such
agreement shall specify the races of the 
 Department of Agriculture's
licensed race meeting upon 
 which the licensees will conduct wagering. In the
event 
 that a licensee
conducts inter-track pari-mutuel wagering 
 on races from the Illinois State Fair
or DuQuoin State 
 Fair which are in addition to the licensee's previously

 approved racing program, those races shall be considered a 
 separate racing day
for the
purpose of determining the 
 daily handle and computing the privilege or
pari-mutuel 
 tax on
that daily handle as provided in Sections 27
and 
 27.1. Such
agreements shall be approved by the Board 
 before such wagering may be
conducted. In determining 
 whether to grant approval, the Board shall give
due 
 consideration to the best interests of the public and of 
 horse racing.
The provisions of paragraphs (1), (8), 
 (8.1), and (8.2) of
subsection (h) of this
Section which 
 are not specified in this paragraph (13) shall not apply 
 to
licensed race meetings conducted by the Department of 
 Agriculture at the
Illinois State Fair in Sangamon County 
 or the DuQuoin State Fair in Perry
County, or to any 
 wagering conducted on
those race meetings.
  (14) An inter-track wagering location license 
 authorized by the Board in 2016 that is owned and operated 
 by a race track in Rock Island County shall be transferred 
 to a commonly owned race track in Cook County on August 12, 
 2016 (the effective date of Public Act 99-757). The 
 licensee shall retain its status in relation to purse 
 distribution under paragraph (11) of this subsection (h) 
 following the transfer to the new entity. The pari-mutuel 
 tax credit under Section 32.1 shall not be applied toward 
 any pari-mutuel tax obligation of the inter-track wagering 
 location licensee of the license that is transferred under 
 this paragraph (14).

 (i) Notwithstanding the other provisions of this Act, the 
conduct of
wagering at wagering facilities is authorized on 
all days, except as limited by
subsection (b) of Section 19 of 
this Act.

(Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19; 
101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff. 
8-20-21; revised 12-2-21.)





 (230 ILCS 5/28) (from Ch. 8, par. 37-28)


 Sec. 28. Except as provided in subsection (g) of Section 
27 of this Act,
moneys collected shall be distributed 
according to the provisions of this
Section 28.

 (a) Thirty
per cent of the total of all monies received
by 
the State as privilege taxes shall be paid into the 
Metropolitan Exposition,
Auditorium and Office Building Fund 
in the State treasury Treasury until such Fund is repealed, 
and thereafter shall be paid into the General Revenue Fund in 
the State treasury Treasury.

 (b) In addition, 4.5% of the total of all monies received

by the State as privilege taxes shall be paid into the State 
treasury
into the Metropolitan Exposition,
Auditorium and 
Office Building Fund until such Fund is repealed, and 
thereafter shall be paid into the General Revenue Fund in the 
State treasury Treasury.

 (c) Fifty per cent of the total of all monies received by 
the State
as privilege taxes under the provisions of this Act 
shall be paid into
the Agricultural Premium Fund.

 (d) Seven per cent of the total of all monies received by 
the State
as privilege taxes shall be paid into the Fair and 
Exposition Fund in
the State treasury; provided, however, that 
when all bonds issued prior to
July 1, 1984 by the Metropolitan 
Fair and Exposition Authority shall have
been paid or payment 
shall have been provided for upon a refunding of those
bonds, 
thereafter 1/12 of $1,665,662 of such monies shall be paid 
each
month into the Build Illinois Fund, and the remainder 
into the Fair and
Exposition Fund. All excess monies shall be 
allocated to the Department of
Agriculture for distribution to 
county fairs for premiums and
rehabilitation as set forth in 
the Agricultural Fair Act.

 (e) The monies provided for in Section 30 shall be paid 
into the
Illinois Thoroughbred Breeders Fund.

 (f) The monies provided for in Section 31 shall be paid 
into the
Illinois Standardbred Breeders Fund.

 (g) Until January 1, 2000, that part representing
1/2 of 
the total breakage in Thoroughbred,
Harness, Appaloosa, 
Arabian, and Quarter Horse racing in the State shall
be paid 
into the Illinois Race Track Improvement Fund as established

in Section 32.

 (h) All other monies received by the Board under this Act 
shall be
paid into the Horse Racing Fund.

 (i) The salaries of the Board members, secretary, 
stewards,
directors of mutuels, veterinarians, 
representatives, accountants,
clerks, stenographers, 
inspectors and other employees of the Board, and
all expenses 
of the Board incident to the administration of this Act,

including, but not limited to, all expenses and salaries 
incident to the
taking of saliva and urine samples in 
accordance with the rules and
regulations of the Board shall 
be paid out of the Agricultural Premium
Fund.

 (j) The Agricultural Premium Fund shall also be used:

  (1) for the expenses of operating the Illinois State 
 Fair and the
DuQuoin State Fair, including the
payment of 
 prize money or premiums;

  (2) for the distribution to county fairs, vocational 
 agriculture
section fairs, agricultural societies, and 
 agricultural extension clubs
in accordance with the 
 Agricultural Fair Act, as
amended;

  (3) for payment of prize monies and premiums awarded 
 and for
expenses incurred in connection with the 
 International Livestock
Exposition and the Mid-Continent 
 Livestock Exposition held in Illinois,
which premiums, and 
 awards must be approved, and paid by the Illinois

 Department of Agriculture;

  (4) for personal service of county agricultural 
 advisors and county
home advisors;

  (5) for distribution to agricultural home economic 
 extension
councils in accordance with "An Act in relation 
 to additional support
and finance for the Agricultural and 
 Home Economic Extension Councils in
the several counties 
 in this State and making an appropriation
therefor", 
 approved July 24, 1967, as amended;

  (6) for research on equine disease, including a 
 development center
therefor;

  (7) for training scholarships for study on equine 
 diseases to
students at the University of Illinois College 
 of Veterinary Medicine;

  (8) for the rehabilitation, repair and maintenance of

 the Illinois and DuQuoin State Fair Grounds and
the 
 structures and facilities thereon and the construction of 
 permanent
improvements on such Fair Grounds, including 
 such structures, facilities and
property located on such

 State Fair Grounds which are under the custody and control 
 of the
Department of Agriculture;

  (9) (blank);

  (10) for the expenses of the Department of Commerce 
 and Economic Opportunity under Sections
605-620, 605-625, 
 and
605-630 of the Department of Commerce and Economic 
 Opportunity Law;

  (11) for remodeling, expanding, and reconstructing 
 facilities
destroyed by fire of any Fair and Exposition 
 Authority in counties with
a population of 1,000,000 or 
 more inhabitants;

  (12) for the purpose of assisting in the care and 
 general
rehabilitation of veterans with disabilities of 
 any war and their surviving
spouses and orphans;

  (13) for expenses of the Illinois State Police for 
 duties
performed under this Act;

  (14) for the Department of Agriculture for soil 
 surveys and soil and water
conservation purposes;

  (15) for the Department of Agriculture for grants to 
 the City of Chicago
for conducting the Chicagofest;

  (16) for the State Comptroller for grants and 
 operating expenses authorized by the Illinois Global 
 Partnership Act.

 (k) To the extent that monies paid by the Board to the 
Agricultural
Premium Fund are in the opinion of the Governor 
in excess of the amount
necessary for the purposes herein 
stated, the Governor shall notify the
Comptroller and the 
State Treasurer of such fact, who, upon receipt of
such 
notification, shall transfer such excess monies from the

Agricultural Premium Fund to the General Revenue Fund.

(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 
revised 10-14-21.)


 Section 495. The Illinois Gambling Act is amended by 
changing Sections 6 and 18 as follows:




 (230 ILCS 10/6) (from Ch. 120, par. 2406)



 Sec. 6. Application for owners license. 

 (a) A qualified person may
apply to the Board for an owners 
license to
conduct a gambling operation as provided in this 
Act. The
application shall be made on forms provided by the 
Board and shall contain
such information as the Board 
prescribes, including, but not limited to, the
identity of the 
riverboat on which such gambling operation is to be
conducted, 
if applicable, and the exact location where such riverboat or 
casino will be located, a
certification that the riverboat 
will be registered under this Act at all
times during which 
gambling operations are conducted on board, detailed

information regarding the ownership and management of the 
applicant, and
detailed personal information regarding the 
applicant. Any application for an
owners license to be 
re-issued on or after June 1, 2003 shall also
include the 
applicant's license bid in a form prescribed by the Board.

Information
provided on the application shall be used as a 
basis for a thorough
background investigation which the Board 
shall conduct with respect to each
applicant. An incomplete 
application shall be cause for denial of a license
by the 
Board.

 (a-5) In addition to any other information required under 
this Section, each application for an owners license must 
include the following information:
  (1) The history and success of the applicant and each 
 person and entity disclosed under subsection (c) of this 
 Section in developing tourism facilities ancillary to 
 gaming, if applicable.
  (2) The likelihood that granting a license to the 
 applicant will lead to the creation of quality, living 
 wage jobs and permanent, full-time jobs for residents of 
 the State and residents of the unit of local government 
 that is designated as the home dock of the proposed 
 facility where gambling is to be conducted by the 
 applicant.
  (3) The projected number of jobs that would be created 
 if the license is granted and the projected number of new 
 employees at the proposed facility where gambling is to be 
 conducted by the applicant.
  (4) The record, if any, of the applicant and its 
 developer in meeting commitments to local agencies, 
 community-based organizations, and employees at other 
 locations where the applicant or its developer has 
 performed similar functions as they would perform if the 
 applicant were granted a license.
  (5) Identification of adverse effects that might be 
 caused by the proposed facility where gambling is to be 
 conducted by the applicant, including the costs of meeting 
 increased demand for public health care, child care, 
 public transportation, affordable housing, and social 
 services, and a plan to mitigate those adverse effects.
  (6) The record, if any, of the applicant and its 
 developer regarding compliance with:
   (A) federal, state, and local discrimination, wage 
 and hour, disability, and occupational and 
 environmental health and safety laws; and
   (B) state and local labor relations and employment 
 laws.
  (7) The applicant's record, if any, in dealing with 
 its employees and their representatives at other 
 locations.
  (8) A plan concerning the utilization of 
 minority-owned and women-owned businesses and concerning 
 the hiring of minorities and women. 
  (9) Evidence the applicant used its best efforts to 
 reach a goal of 25% ownership representation by minority 
 persons and 5% ownership representation by women.
  (10) Evidence the applicant has entered into a fully 
 executed project labor agreement with the applicable local 
 building trades council. For any pending application 
 before the Board on June 10, 2021 (the effective date of 
 Public Act 102-13) this amendatory Act of the 102nd 
 General Assembly, the applicant shall submit evidence 
 complying with this paragraph within 30 days after June 
 10, 2021 (the effective date of Public Act 102-13) this 
 amendatory Act of the 102nd General Assembly. The Board 
 shall not award any pending applications until the 
 applicant has submitted this information. 
 (b) Applicants shall submit with their application all 
documents,
resolutions, and letters of support from the 
governing body that represents
the municipality or county 
wherein the licensee will be located.

 (c) Each applicant shall disclose the identity of every 
person or entity having a greater than 1% direct or
indirect 
pecuniary interest in the gambling operation with
respect to 
which the license is sought. If the disclosed entity is a

trust, the application shall disclose the names and addresses 
of all
beneficiaries; if a corporation, the names and

addresses of all stockholders and directors; if a partnership, 
the names
and addresses of all partners, both general and 
limited.

 (d) An application shall be filed and considered in 
accordance with the rules of the Board. Each application shall 
be accompanied by a nonrefundable
application fee of $250,000. 
In addition, a nonrefundable fee of $50,000 shall be paid at 
the time of filing
to defray the costs associated with the

background investigation conducted by the Board. If the costs 
of the
investigation exceed $50,000, the applicant shall pay 
the additional amount
to the Board within 7 days after 
requested by the Board. If the costs of the investigation are 
less than $50,000, the
applicant shall receive a refund of the 
remaining amount. All
information, records, interviews, 
reports, statements, memoranda, or other
data supplied to or 
used by the Board in the course of its review or
investigation 
of an application for a license or a renewal under this Act 
shall be
privileged and , strictly confidential and shall be 
used only for the purpose of
evaluating an applicant for a 
license or a renewal. Such information, records, interviews, 
reports,
statements, memoranda, or other data shall not be 
admissible as evidence,
nor discoverable in any action of any 
kind in any court or before any
tribunal, board, agency or 
person, except for any action deemed necessary
by the Board. 
The application fee shall be deposited into the State Gaming 
Fund.

 (e) The Board shall charge each applicant a fee set by the 
Illinois
State Police to defray the costs associated with the 
search and
classification of fingerprints obtained by the 
Board with respect to the
applicant's application. These fees 
shall be paid into the State Police
Services Fund. In order to 
expedite the application process, the Board may establish 
rules allowing applicants to acquire criminal background 
checks and financial integrity reviews as part of the initial 
application process from a list of vendors approved by the 
Board. 

 (f) The licensed owner shall be the person primarily 
responsible for the
boat or casino itself. Only one gambling 
operation may be authorized
by the Board on any riverboat or in 
any casino. The applicant must identify the riverboat or 
premises
it intends to use and certify that the riverboat or 
premises: (1) has the authorized
capacity required in this 
Act; (2) is accessible to persons with disabilities; and
(3) 
is fully registered and licensed in accordance
with any 
applicable laws.

 (g) A person who knowingly makes a false statement on an 
application is
guilty of a Class A misdemeanor.

(Source: P.A. 101-31, eff. 6-28-19; 102-13, eff. 6-10-21; 
102-538, eff. 8-20-21; revised 10-14-21.)





 (230 ILCS 10/18) (from Ch. 120, par. 2418)



 Sec. 18. Prohibited activities; penalty Activities - 
Penalty. 

 (a) A person is guilty of a Class A misdemeanor for doing 
any of the
following:

  (1) Conducting gambling where wagering
is used or to 
 be used
without a license issued by the Board.

  (2) Conducting gambling where wagering
is permitted 
 other
than in the manner specified by Section 11.

 (b) A person is guilty of a Class B misdemeanor for doing 
any of the
following:

  (1) permitting a person under 21 years to make a 
 wager; or

  (2) violating paragraph (12) of subsection (a) of 
 Section 11 of this Act.

 (c) A person wagering or accepting a wager at any location 
outside the
riverboat, casino, or organization gaming facility 
in violation of paragraph (1) or (2) of
subsection (a) of 
Section 28-1 of the Criminal Code of 2012 is subject to the 
penalties provided in that Section.

 (d) A person commits a Class 4 felony and, in addition, 
shall be barred
for life from gambling operations under the 
jurisdiction of the
Board, if the person does any of the 
following:

  (1) Offers, promises, or gives anything of value or 
 benefit to a person
who is connected with a riverboat or 
 casino owner or organization gaming licensee, including, 
 but
not limited to, an officer or employee of a licensed 
 owner, organization gaming licensee, or holder of an

 occupational license pursuant to an agreement or 
 arrangement or with the
intent that the promise or thing 
 of value or benefit will influence the
actions of the 
 person to whom the offer, promise, or gift was made in 
 order
to affect or attempt to affect the outcome of a 
 gambling game, or to
influence official action of a member 
 of the Board.

  (2) Solicits or knowingly accepts or receives a 
 promise of anything of
value or benefit while the person 
 is connected with a riverboat, casino, or organization 
 gaming facility,
including, but not limited to, an officer 
 or employee of a licensed owner or organization gaming 
 licensee,
or the holder of an occupational license, 
 pursuant to an understanding or
arrangement or with the 
 intent that the promise or thing of value or
benefit will 
 influence the actions of the person to affect or attempt 
 to
affect the outcome of a gambling game, or to influence 
 official action of a
member of the Board.

  (3) Uses or possesses with the intent to use a device 
 to assist:

   (i) In projecting the outcome of the game.

   (ii) In keeping track of the cards played.

   (iii) In analyzing the probability of the 
 occurrence of an event
relating to the gambling game.

   (iv) In analyzing the strategy for playing or 
 betting to be used in the
game except as permitted by 
 the Board.

  (4) Cheats at a gambling game.

  (5) Manufactures, sells, or distributes any cards, 
 chips, dice, game or
device which is intended to be used to 
 violate any provision of this Act.

  (6) Alters or misrepresents the outcome of a gambling 
 game on which
wagers have been made after the outcome is 
 made sure but before it is
revealed to the players.

  (7) Places a bet after acquiring knowledge, not 
 available to all players,
of the outcome of the gambling 
 game which is the subject of the bet or to aid a
person in 
 acquiring the knowledge for the purpose of placing a bet

 contingent on that outcome.

  (8) Claims, collects, or takes, or attempts to claim, 
 collect, or take,
money or anything of value in or from the 
 gambling games, with intent to
defraud, without having 
 made a wager contingent on winning a gambling game,
or 
 claims, collects, or takes an amount of money or thing of 
 value of
greater value than the amount won.

  (9) Uses counterfeit chips or tokens in a gambling 
 game.

  (10) Possesses any key or device designed for the 
 purpose of opening,
entering, or affecting the operation 
 of a gambling game, drop box, or an
electronic or 
 mechanical device connected with the gambling game or for

 removing coins, tokens, chips or other contents of a 
 gambling game. This
paragraph (10) does not apply to a 
 gambling licensee or employee of a
gambling licensee 
 acting in furtherance of the employee's employment.

 (e) The possession of more than one of the devices 
described in
subsection (d), paragraphs (3), (5), and or (10) 
of subsection (d) permits a rebuttable
presumption that the 
possessor intended to use the devices for cheating.

 (f) A person under the age of 21 who, except as authorized 
under paragraph (10) of Section 11, enters upon a riverboat or 
in a casino or organization gaming facility commits a petty 
offense and is subject to a fine of not less than $100 or more 
than $250 for a first offense and of not less than $200 or more 
than $500 for a second or subsequent offense. 
 An action to prosecute any crime occurring on a riverboat

shall be tried in the county of the dock at which the riverboat 
is based. An action to prosecute any crime occurring in a 
casino or organization gaming facility
shall be tried in the 
county in which the casino or organization gaming facility is 
located.

(Source: P.A. 101-31, eff. 6-28-19; revised 12-2-21.)


 Section 500. The Liquor Control Act of 1934 is amended by 
changing Sections 3-12 and 6-5 and by setting forth and 
renumbering multiple versions of Section 6-37 as follows:



 (235 ILCS 5/3-12)



 Sec. 3-12. Powers and duties of State Commission.

 (a) The State Commission shall have the following powers, 
functions, and
duties:


  (1) To receive applications and to issue licenses to 
 manufacturers,
foreign importers, importing distributors, 
 distributors, non-resident dealers,
on premise consumption 
 retailers, off premise sale retailers, special event

 retailer licensees, special use permit licenses, auction 
 liquor licenses, brew
pubs, caterer retailers, 
 non-beverage users, railroads, including owners and

 lessees of sleeping, dining and cafe cars, airplanes, 
 boats, brokers, and wine
maker's premises licensees in 
 accordance with the provisions of this Act, and
to suspend 
 or revoke such licenses upon the State Commission's 
 determination,
upon notice after hearing, that a licensee 
 has violated any provision of this
Act or any rule or 
 regulation issued pursuant thereto and in effect for 30 
 days
prior to such violation. Except in the case of an 
 action taken pursuant to a
violation of Section 6-3, 6-5, 
 or 6-9, any action by the State Commission to
suspend or 
 revoke a licensee's license may be limited to the license 
 for the
specific premises where the violation occurred.
An 
 action for a violation of this Act shall be commenced by 
 the State Commission within 2 years after the date the 
 State Commission becomes aware of the violation. 

  In lieu of suspending or revoking a license, the 
 commission may impose
a fine, upon the State Commission's 
 determination and notice after hearing,
that a licensee 
 has violated any provision of this Act or any rule or

 regulation issued pursuant thereto and in effect for 30 
 days prior to such
violation.
  For the purpose of this paragraph (1), when 
 determining multiple violations for the sale of alcohol to 
 a person under the age of 21, a second or subsequent 
 violation for the sale of alcohol to a person under the age 
 of 21 shall only be considered if it was committed within 5 
 years after the date when a prior violation for the sale of 
 alcohol to a person under the age of 21 was committed. 
  The fine imposed under this paragraph may not exceed 
 $500 for each
violation. Each day that the activity, which 
 gave rise to the original fine,
continues is a separate 
 violation. The maximum fine that may be levied against
any 
 licensee, for the period of the license, shall not exceed 
 $20,000.
The maximum penalty that may be imposed on a 
 licensee for selling a bottle of
alcoholic liquor with a 
 foreign object in it or serving from a bottle of
alcoholic 
 liquor with a foreign object in it shall be the 
 destruction of that
bottle of alcoholic liquor for the 
 first 10 bottles so sold or served from by
the licensee. 
 For the eleventh bottle of alcoholic liquor and for each 
 third
bottle thereafter sold or served from by the 
 licensee with a foreign object in
it, the maximum penalty 
 that may be imposed on the licensee is the destruction
of 
 the bottle of alcoholic liquor and a fine of up to $50.


  Any notice issued by the State Commission to a 
 licensee for a violation of this Act or any notice with 
 respect to settlement or offer in compromise shall include 
 the field report, photographs, and any other supporting 
 documentation necessary to reasonably inform the licensee 
 of the nature and extent of the violation or the conduct 
 alleged to have occurred. The failure to include such 
 required documentation shall result in the dismissal of 
 the action.
  (2) To adopt such rules and regulations consistent 
 with the
provisions of this Act which shall be necessary 
 to carry on its
functions and duties to the end that the 
 health, safety and welfare of
the People of the State of 
 Illinois shall be protected and temperance in
the 
 consumption of alcoholic liquors shall be fostered and 
 promoted and
to distribute copies of such rules and 
 regulations to all licensees
affected thereby.


  (3) To call upon other administrative departments of 
 the State,
county and municipal governments, county and 
 city police departments and
upon prosecuting officers for 
 such information and assistance as it
deems necessary in 
 the performance of its duties.


  (4) To recommend to local commissioners rules and 
 regulations, not
inconsistent with the law, for the 
 distribution and sale of alcoholic
liquors throughout the 
 State.


  (5) To inspect, or cause to be inspected, any
premises 
 in this State
where alcoholic liquors are manufactured, 
 distributed, warehoused, or
sold. Nothing in this Act

 authorizes an agent of the State Commission to inspect 
 private
areas within the premises without reasonable 
 suspicion or a warrant
during an inspection. "Private 
 areas" include, but are not limited to, safes, personal 
 property, and closed desks.


  (5.1) Upon receipt of a complaint or upon having 
 knowledge that any person
is engaged in business as a 
 manufacturer, importing distributor, distributor,
or 
 retailer without a license or valid license, to conduct an 
 investigation. If, after conducting an investigation, the 
 State Commission is satisfied that the alleged conduct 
 occurred or is occurring, it may issue a cease and desist 
 notice as provided in this Act, impose civil penalties as 
 provided in this Act, notify the local liquor
authority, 
 or file a complaint with the State's Attorney's Office of 
 the county
where the incident occurred or the Attorney 
 General.


  (5.2) Upon receipt of a complaint or upon having 
 knowledge that any person is shipping alcoholic
liquor

 into this State from a point outside of this State if the 
 shipment is in
violation of this Act, to conduct an 
 investigation. If, after conducting an investigation, the 
 State Commission is satisfied that the alleged conduct 
 occurred or is occurring, it may issue a cease and desist 
 notice as provided in this Act, impose civil penalties as 
 provided in this Act, notify the foreign jurisdiction, or 
 file a complaint with the State's Attorney's Office of the 
 county where the incident occurred or the Attorney 
 General.


  (5.3) To receive complaints from licensees, local 
 officials, law
enforcement agencies, organizations, and 
 persons stating that any licensee has
been or is violating 
 any provision of this Act or the rules and regulations

 issued pursuant to this Act. Such complaints shall be in 
 writing, signed and
sworn to by the person making the 
 complaint, and shall state with specificity
the facts in 
 relation to the alleged violation. If the State Commission 
 has
reasonable grounds to believe that the complaint 
 substantially alleges a
violation of this Act or rules and 
 regulations adopted pursuant to this Act, it
shall conduct 
 an investigation. If, after conducting an investigation, 
 the
State Commission is satisfied that the alleged 
 violation did occur, it shall proceed
with disciplinary 
 action against the licensee as provided in this Act.


  (5.4) To make arrests and issue notices of civil 
 violations where necessary for the enforcement of this 
 Act. 
  (5.5) To investigate any and all unlicensed activity. 
  (5.6) To impose civil penalties or fines to any person 
 who, without holding a valid license, engages in conduct 
 that requires a license pursuant to this Act, in an amount 
 not to exceed $20,000 for each offense as determined by 
 the State Commission. A civil penalty shall be assessed by 
 the State Commission after a hearing is held in accordance 
 with the provisions set forth in this Act regarding the 
 provision of a hearing for the revocation or suspension of 
 a license. 
  (6) To hear and determine appeals from orders of a 
 local commission
in accordance with the provisions of this 
 Act, as hereinafter set forth.
Hearings under this 
 subsection shall be held in Springfield or Chicago,
at 
 whichever location is the more convenient for the majority 
 of persons
who are parties to the hearing.


  (7) The State Commission shall establish uniform 
 systems of accounts to be
kept by all retail licensees 
 having more than 4 employees, and for this
purpose the 
 State Commission may classify all retail licensees having 
 more
than 4 employees and establish a uniform system of 
 accounts for each
class and prescribe the manner in which 
 such accounts shall be kept.
The State Commission may also 
 prescribe the forms of accounts to be kept by
all retail 
 licensees having more than 4 employees, including, but not

 limited to, accounts of earnings and expenses and any 
 distribution,
payment, or other distribution of earnings 
 or assets, and any other
forms, records, and memoranda 
 which in the judgment of the commission may
be necessary 
 or appropriate to carry out any of the provisions of this

 Act, including, but not limited to, such forms, records, 
 and memoranda as
will readily and accurately disclose at 
 all times the beneficial
ownership of such retail licensed 
 business. The accounts, forms,
records, and memoranda 
 shall be available at all reasonable times for
inspection 
 by authorized representatives of the State Commission or 
 by
any local liquor control commissioner or his or her 
 authorized representative.
The commission may, from time 
 to time, alter, amend, or repeal, in whole
or in part, any 
 uniform system of accounts, or the form and manner of

 keeping accounts.


  (8) In the conduct of any hearing authorized to be 
 held by the State Commission, to appoint, at the 
 commission's discretion, hearing officers
to conduct 
 hearings involving complex issues or issues that will 
 require a
protracted period of time to resolve, to 
 examine, or cause to be examined,
under oath, any 
 licensee, and to examine or cause to be examined the books 
 and
records
of such licensee; to hear testimony and take 
 proof material for its
information in the discharge of its 
 duties hereunder; to administer or
cause to be 
 administered oaths; for any such purpose to issue
subpoena 
 or subpoenas to require the attendance of witnesses and 
 the
production of books, which shall be effective in any 
 part of this State, and
to adopt rules to implement its 
 powers under this paragraph (8).


  Any circuit court may, by order duly entered,
require 
 the attendance of witnesses and the production of relevant 
 books
subpoenaed by the State Commission and the court may 
 compel
obedience to its order by proceedings for contempt.


  (9) To investigate the administration of laws in 
 relation to
alcoholic liquors in this and other states and 
 any foreign countries,
and to recommend from time to time 
 to the Governor and through him or
her to the legislature 
 of this State, such amendments to this Act, if any, as
it 
 may think desirable and as will serve to further the 
 general broad
purposes contained in Section 1-2 hereof.


  (10) To adopt such rules and regulations consistent 
 with the
provisions of this Act which shall be necessary 
 for the control, sale, or
disposition of alcoholic liquor 
 damaged as a result of an accident, wreck,
flood, fire, or 
 other similar occurrence.


  (11) To develop industry educational programs related 
 to responsible
serving and selling, particularly in the 
 areas of overserving consumers and
illegal underage 
 purchasing and consumption of alcoholic beverages.


  (11.1) To license persons providing education and 
 training to alcohol
beverage sellers and servers for 
 mandatory and non-mandatory training under the
Beverage 
 Alcohol Sellers and Servers
Education and Training 
 (BASSET) programs and to develop and administer a public

 awareness program in Illinois to reduce or eliminate the 
 illegal purchase and
consumption of alcoholic beverage 
 products by persons under the age of 21.
Application for a 
 license shall be made on forms provided by the State

 Commission.


  (12) To develop and maintain a repository of license 
 and regulatory
information.


  (13) (Blank).

  (14) On or before April 30, 2008 and every 2 years

 thereafter, the State Commission shall present a written

 report to the Governor and the General Assembly that shall

 be based on a study of the impact of Public Act 95-634 on 
 the business of soliciting,
selling, and shipping wine 
 from inside and outside of this
State directly to 
 residents of this State. As part of its
report, the State 
 Commission shall provide all of the
following information:
   (A) The amount of State excise and sales tax

 revenues generated.
   (B) The amount of licensing fees received.
   (C) The number of cases of wine shipped from 
 inside
and outside of this State directly to residents 
 of this
State.
   (D) The number of alcohol compliance operations

 conducted.
   (E) The number of winery shipper's licenses

 issued.
   (F) The number of each of the following: reported

 violations; cease and desist notices issued by the

 Commission; notices of violations issued by
the 
 Commission and to the Department of Revenue;
and 
 notices and complaints of violations to law

 enforcement officials, including, without limitation,

 the Illinois Attorney General and the U.S. Department

 of Treasury's Alcohol and Tobacco Tax and Trade 
 Bureau.
  (15) As a means to reduce the underage consumption of

 alcoholic liquors, the State Commission shall conduct

 alcohol compliance operations to investigate whether

 businesses that are soliciting, selling, and shipping wine

 from inside or outside of this State directly to residents

 of this State are licensed by this State or are selling or

 attempting to sell wine to persons under 21 years of age in

 violation of this Act.
  (16) The State Commission shall, in addition to

 notifying any appropriate law enforcement agency, submit

 notices of complaints or violations of Sections 6-29 and

 6-29.1 by persons who do not hold a winery shipper's

 license under this Act to the Illinois Attorney General 
 and
to the U.S. Department of Treasury's Alcohol and 
 Tobacco Tax and Trade Bureau.
  (17)(A) A person licensed to make wine under the laws 
 of another state who has a winery shipper's license under 
 this Act and annually produces less than 25,000 gallons of 
 wine or a person who has a first-class or second-class 
 wine manufacturer's license, a first-class or second-class 
 wine-maker's license, or a limited wine manufacturer's 
 license under this Act and annually produces less than 
 25,000 gallons of wine may make application to the 
 Commission for a self-distribution exemption to allow the 
 sale of not more than 5,000 gallons of the exemption 
 holder's wine to retail licensees per year and to sell 
 cider, mead, or both cider and mead to brewers, class 1 
 brewers, class 2 brewers, and class 3 brewers that, 
 pursuant to subsection (e) of Section 6-4 of this Act, 
 sell beer, cider, mead, or any combination thereof to 
 non-licensees at their breweries.
  (B) In the application, which shall be sworn under 
 penalty of perjury, such person shall state (1) the date 
 it was established; (2) its volume of production and sales 
 for each year since its establishment; (3) its efforts to 
 establish distributor relationships; (4) that a 
 self-distribution exemption is necessary to facilitate the 
 marketing of its wine; and (5) that it will comply with the 
 liquor and revenue laws of the United States, this State, 
 and any other state where it is licensed.
  (C) The State Commission shall approve the application 
 for a self-distribution exemption if such person: (1) is 
 in compliance with State revenue and liquor laws; (2) is 
 not a member of any affiliated group that produces 
 directly or indirectly more than 25,000 gallons of wine 
 per annum, 930,000 gallons of beer per annum, or 50,000 
 gallons of spirits per annum; (3) will not annually 
 produce for sale more than 25,000 gallons of wine, 930,000 
 gallons of beer, or 50,000 gallons of spirits; and (4) 
 will not annually sell more than 5,000 gallons of its wine 
 to retail licensees.
  (D) A self-distribution exemption holder shall 
 annually certify to the State Commission its production of 
 wine in the previous 12 months and its anticipated 
 production and sales for the next 12 months. The State 
 Commission may fine, suspend, or revoke a 
 self-distribution exemption after a hearing if it finds 
 that the exemption holder has made a material 
 misrepresentation in its application, violated a revenue 
 or liquor law of Illinois, exceeded production of 25,000 
 gallons of wine, 930,000 gallons of beer, or 50,000 
 gallons of spirits in any calendar year, or become part of 
 an affiliated group producing more than 25,000 gallons of 
 wine, 930,000 gallons of beer, or 50,000 gallons of 
 spirits.
  (E) Except in hearings for violations of this Act or 
 Public Act 95-634 or a bona fide investigation by duly 
 sworn law enforcement officials, the State Commission, or 
 its agents, the State Commission shall maintain the 
 production and sales information of a self-distribution 
 exemption holder as confidential and shall not release 
 such information to any person.
  (F) The State Commission shall issue regulations 
 governing self-distribution exemptions consistent with 
 this Section and this Act.
  (G) Nothing in this paragraph (17) shall prohibit a 
 self-distribution exemption holder from entering into or 
 simultaneously having a distribution agreement with a 
 licensed Illinois distributor.
  (H) It is the intent of this paragraph (17) to promote 
 and continue orderly markets. The General Assembly finds 
 that, in order to preserve Illinois' regulatory 
 distribution system, it is necessary to create an 
 exception for smaller makers of wine as their wines are 
 frequently adjusted in varietals, mixes, vintages, and 
 taste to find and create market niches sometimes too small 
 for distributor or importing distributor business 
 strategies. Limited self-distribution rights will afford 
 and allow smaller makers of wine access to the marketplace 
 in order to develop a customer base without impairing the 
 integrity of the 3-tier system.

  (18)(A) A class 1 brewer licensee, who must also be 
 either a licensed brewer or licensed non-resident dealer 
 and annually manufacture less than 930,000 gallons of 
 beer, may make application to the State Commission for a 
 self-distribution exemption to allow the sale of not more 
 than 232,500 gallons per year of the exemption holder's 
 beer to retail licensees and to brewers, class 1 brewers, 
 and class 2 brewers that, pursuant to subsection (e) of 
 Section 6-4 of this Act, sell beer, cider,, mead, or any 
 combination thereof to non-licensees at their breweries.
  (B) In the application, which shall be sworn under 
 penalty of perjury, the class 1 brewer licensee shall 
 state (1) the date it was established; (2) its volume of 
 beer manufactured and sold for each year since its 
 establishment; (3) its efforts to establish distributor 
 relationships; (4) that a self-distribution exemption is 
 necessary to facilitate the marketing of its beer; and (5) 
 that it will comply with the alcoholic beverage and 
 revenue laws of the United States, this State, and any 
 other state where it is licensed.
  (C) Any application submitted shall be posted on the 
 State Commission's website at least 45 days prior to 
 action by the State Commission. The State Commission shall 
 approve the application for a self-distribution exemption 
 if the class 1 brewer licensee: (1) is in compliance with 
 the State, revenue, and alcoholic beverage laws; (2) is 
 not a member of any affiliated group that manufactures, 
 directly or indirectly, more than 930,000 gallons of beer 
 per annum, 25,000 gallons of wine per annum, or 50,000 
 gallons of spirits per annum; (3) shall not annually 
 manufacture for sale more than 930,000 gallons of beer, 
 25,000 gallons of wine, or 50,000 gallons of spirits; (4) 
 shall not annually sell more than 232,500 gallons of its 
 beer to retail licensees and class 3 brewers and to 
 brewers, class 1 brewers, and class 2 brewers that, 
 pursuant to subsection (e) of Section 6-4 of this Act, 
 sell beer, cider, mead, or any combination thereof to 
 non-licensees at their breweries; and (5) has relinquished 
 any brew pub license held by the licensee, including any 
 ownership interest it held in the licensed brew pub.
  (D) A self-distribution exemption holder shall 
 annually certify to the State Commission its manufacture 
 of beer during the previous 12 months and its anticipated 
 manufacture and sales of beer for the next 12 months. The 
 State Commission may fine, suspend, or revoke a 
 self-distribution exemption after a hearing if it finds 
 that the exemption holder has made a material 
 misrepresentation in its application, violated a revenue 
 or alcoholic beverage law of Illinois, exceeded the 
 manufacture of 930,000 gallons of beer, 25,000 gallons of 
 wine, or 50,000 gallons of spirits in any calendar year or 
 became part of an affiliated group manufacturing more than 
 930,000 gallons of beer, 25,000 gallons of wine, or 50,000 
 gallons of spirits.
  (E) The State Commission shall issue rules and 
 regulations governing self-distribution exemptions 
 consistent with this Act.
  (F) Nothing in this paragraph (18) shall prohibit a 
 self-distribution exemption holder from entering into or 
 simultaneously having a distribution agreement with a 
 licensed Illinois importing distributor or a distributor. 
 If a self-distribution exemption holder enters into a 
 distribution agreement and has assigned distribution 
 rights to an importing distributor or distributor, then 
 the self-distribution exemption holder's distribution 
 rights in the assigned territories shall cease in a 
 reasonable time not to exceed 60 days.
  (G) It is the intent of this paragraph (18) to promote 
 and continue orderly markets. The General Assembly finds 
 that in order to preserve Illinois' regulatory 
 distribution system, it is necessary to create an 
 exception for smaller manufacturers in order to afford and 
 allow such smaller manufacturers of beer access to the 
 marketplace in order to develop a customer base without 
 impairing the integrity of the 3-tier system. 
  (19)(A) A class 1 craft distiller licensee or a 
 non-resident dealer who manufactures less than 50,000 
 gallons of distilled spirits per year may make application 
 to the State Commission for a self-distribution exemption 
 to allow the sale of not more
than 5,000 gallons of the 
 exemption holder's spirits to retail licensees per year. 
  (B) In the application, which shall be sworn under 
 penalty of perjury, the class 1 craft distiller licensee 
 or non-resident dealer shall state (1) the date it was 
 established; (2) its volume of spirits manufactured and 
 sold for each year since its establishment; (3) its 
 efforts to establish distributor relationships; (4) that a 
 self-distribution exemption is necessary to facilitate the 
 marketing of its spirits; and (5) that it will comply with 
 the alcoholic beverage and revenue laws of the United 
 States, this State, and any other state where it is 
 licensed. 
  (C) Any application submitted shall be posted on the 
 State Commission's website at least 45 days prior to 
 action by the State Commission. The State Commission shall 
 approve the application for a self-distribution exemption 
 if the applicant: (1) is in compliance with State revenue 
 and alcoholic beverage laws; (2) is not a member of any 
 affiliated group that produces more than 50,000 gallons of 
 spirits per annum, 930,000 gallons of beer per annum, or 
 25,000 gallons of wine per annum; (3) does not annually 
 manufacture for sale more than 50,000 gallons of spirits, 
 930,000 gallons of beer, or 25,000 gallons of wine; and 
 (4) does not annually sell more than 5,000 gallons of its 
 spirits to retail licensees. 
  (D) A self-distribution exemption holder shall 
 annually certify to the State Commission its manufacture 
 of spirits during the previous 12 months and its 
 anticipated manufacture and sales of spirits for the next 
 12 months. The State Commission may fine, suspend, or 
 revoke a self-distribution exemption after a hearing if it 
 finds that the exemption holder has made a material 
 misrepresentation in its application, violated a revenue 
 or alcoholic beverage law of Illinois, exceeded the 
 manufacture of 50,000 gallons of spirits, 930,000 gallons 
 of beer, or 25,000 gallons of wine in any calendar year, or 
 has become part of an affiliated group manufacturing more 
 than 50,000 gallons of spirits, 930,000 gallons of beer, 
 or 25,000 gallons of wine. 
  (E) The State Commission shall adopt rules governing 
 self-distribution exemptions consistent with this Act. 
  (F) Nothing in this paragraph (19) shall prohibit a 
 self-distribution exemption holder from entering into or 
 simultaneously having a distribution agreement with a 
 licensed Illinois importing distributor or a distributor. 
  (G) It is the intent of this paragraph (19) to promote 
 and continue orderly markets. The General Assembly finds 
 that in order to preserve Illinois' regulatory 
 distribution system, it is necessary to create an 
 exception for smaller manufacturers in order to afford and 
 allow such smaller manufacturers of spirits access to the 
 marketplace in order to develop a customer base without 
 impairing the
integrity of the 3-tier system. 
  (20)(A) A class 3 brewer licensee who must manufacture 
 less than 465,000 gallons of beer in the aggregate and not 
 more than 155,000 gallons at any single brewery premises 
 may make application to the State Commission for a 
 self-distribution exemption to allow the sale of not more 
 than 6,200 gallons of beer from each in-state or 
 out-of-state class 3 brewery premises, which shall not 
 exceed 18,600 gallons annually in the aggregate, that is 
 manufactured at a wholly owned class 3 brewer's in-state 
 or out-of-state licensed premises to retail licensees and 
 class 3 brewers and to brewers, class 1 brewers, class 2 
 brewers that, pursuant to subsection (e) of Section 6-4, 
 sell beer, cider, or both beer and cider to non-licensees 
 at their licensed breweries.
  (B) In the application, which shall be sworn under 
 penalty of perjury, the class 3 brewer licensee shall 
 state:
   (1) the date it was established;
   (2) its volume of beer manufactured and sold for 
 each year since its establishment;
   (3) its efforts to establish distributor 
 relationships;
   (4) that a self-distribution exemption is 
 necessary to facilitate the marketing of its beer; and
   (5) that it will comply with the alcoholic 
 beverage and revenue laws of the United States, this 
 State, and any other state where it is licensed.
  (C) Any application submitted shall be posted on the 
 State Commission's website at least 45 days before action 
 by the State Commission. The State Commission shall 
 approve the application for a self-distribution exemption 
 if the class 3 brewer licensee: (1) is in compliance with 
 the State, revenue, and alcoholic beverage laws; (2) is 
 not a member of any affiliated group that manufacturers, 
 directly or indirectly, more than 465,000 gallons of beer 
 per annum; , (3) shall not annually manufacture for sale 
 more than 465,000 gallons of beer or more than 155,000 
 gallons at any single brewery premises; and (4) shall not 
 annually sell more than 6,200 gallons of beer from each 
 in-state or out-of-state class 3 brewery premises, and 
 shall not exceed 18,600 gallons annually in the aggregate, 
 to retail licensees and class 3 brewers and to brewers, 
 class 1 brewers, and class 2 brewers that, pursuant to 
 subsection (e) of Section 6-4 of this Act, sell beer, 
 cider, or both beer and cider to non-licensees at their 
 breweries.
  (D) A self-distribution exemption holder shall 
 annually certify to the State Commission its manufacture 
 of beer during the previous 12 months and its anticipated 
 manufacture and sales of beer for the next 12 months. The 
 State Commission may fine, suspend, or revoke a 
 self-distribution exemption after a hearing if it finds 
 that the exemption holder has made a material 
 misrepresentation in its application, violated a revenue 
 or alcoholic beverage law of Illinois, exceeded the 
 manufacture of 465,000 gallons of beer in any calendar 
 year or became part of an affiliated group manufacturing 
 more than 465,000 gallons of beer, or exceeded the sale to 
 retail licensees, brewers, class 1 brewers, class 2 
 brewers, and class 3 brewers of 6,200 gallons per brewery 
 location or 18,600 gallons in the aggregate.
  (E) The State Commission may adopt rules governing 
 self-distribution exemptions consistent with this Act.
  (F) Nothing in this paragraph shall prohibit a 
 self-distribution exemption holder from entering into or 
 simultaneously having a distribution agreement with a 
 licensed Illinois importing distributor or a distributor. 
 If a self-distribution exemption holder enters into a 
 distribution agreement and has assigned distribution 
 rights to an importing distributor or distributor, then 
 the self-distribution exemption holder's distribution 
 rights in the assigned territories shall cease in a 
 reasonable time not to exceed 60 days.
  (G) It is the intent of this paragraph to promote and 
 continue orderly markets. The General Assembly finds that 
 in order to preserve Illinois' regulatory distribution 
 system, it is necessary to create an exception for smaller 
 manufacturers in order to afford and allow such smaller 
 manufacturers of beer access to the marketplace in order 
 to develop a customer base without impairing the integrity 
 of the 3-tier system. 
 (b) On or before April 30, 1999, the Commission shall 
present a written
report to the Governor and the General 
Assembly that shall be based on a study
of the impact of Public 
Act 90-739 on the business of soliciting,
selling, and 
shipping
alcoholic liquor from outside of this State directly 
to residents of this
State.


 As part of its report, the Commission shall provide the 
following
information:


  (i) the amount of State excise and sales tax revenues 
 generated as a
result of Public Act 90-739;


  (ii) the amount of licensing fees received as a result 
 of Public Act 90-739;


  (iii) the number of reported violations, the number of 
 cease and desist
notices issued by the Commission, the 
 number of notices of violations issued
to the Department 
 of Revenue, and the number of notices and complaints of

 violations to law enforcement officials.


(Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 
101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff. 
8-20-21; revised 12-13-21.)




 (235 ILCS 5/6-5) (from Ch. 43, par. 122)



 Sec. 6-5. 
Except as otherwise provided in this Section, it 
is unlawful
for any person having a retailer's license or
any 
officer, associate, member, representative or agent of such 
licensee
to accept, receive or borrow money, or anything else 
of value, or accept
or receive credit (other than 
merchandising credit in the ordinary
course of business for a 
period not to exceed 30 days) directly or
indirectly from any 
manufacturer, importing distributor or distributor
of 
alcoholic liquor, or from any person connected with or in any 
way
representing, or from any member of the family of, such 
manufacturer,
importing distributor, distributor or 
wholesaler, or from any
stockholders in any corporation 
engaged in manufacturing, distributing
or wholesaling of such 
liquor, or from any officer, manager, agent or
representative 
of said manufacturer. Except as provided below, it is
unlawful 
for any manufacturer
or distributor or importing distributor 
to give or lend money or
anything of value, or otherwise loan 
or extend credit (except such
merchandising credit) directly 
or indirectly to any retail licensee or
to the manager, 
representative, agent, officer or director of such
licensee. A 
manufacturer, distributor or importing distributor may furnish

free advertising, posters,
signs, brochures, hand-outs, or 
other promotional devices or materials to
any unit of 
government owning or operating any auditorium, exhibition 
hall,
recreation facility or other similar facility holding a 
retailer's license,
provided that the primary purpose of such 
promotional devices or materials
is to promote public events 
being held at such facility. A unit of government
owning or 
operating such a facility holding a retailer's license may 
accept
such promotional devices or materials designed 
primarily to promote public
events held at the facility. No 
retail licensee delinquent beyond the
30 day period specified 
in this Section shall
solicit, accept or receive credit, 
purchase or acquire alcoholic
liquors, directly or indirectly 
from any other licensee, and no
manufacturer, distributor or 
importing distributor shall knowingly grant
or extend credit, 
sell, furnish or supply alcoholic liquors to any such

delinquent retail licensee; provided that the purchase price 
of all beer
sold to a retail licensee shall be paid by the 
retail licensee in cash
on or before delivery of the beer, and 
unless the purchase price payable
by a retail licensee for 
beer sold to him in returnable bottles shall
expressly include 
a charge for the bottles and cases, the retail
licensee shall, 
on or before delivery of such beer, pay the seller in
cash a 
deposit in an amount not less than the deposit required to be

paid by the distributor to the brewer; but where the brewer 
sells direct
to the retailer, the deposit shall be an amount no 
less than that
required by the brewer from his own 
distributors; and provided further,
that in no instance shall 
this deposit be less than 50 cents for each
case of beer in 
pint or smaller bottles and 60 cents for each case of
beer in 
quart or half-gallon bottles; and provided further, that the

purchase price of all beer sold to an importing distributor or

distributor shall be paid by such importing distributor or 
distributor
in cash on or before the 15th day (Sundays and 
holidays excepted) after
delivery of such beer to such 
purchaser; and unless the purchase price
payable by such 
importing distributor or distributor for beer sold in

returnable bottles and cases shall expressly include a charge 
for the
bottles and cases, such importing distributor or 
distributor shall, on
or before the 15th day (Sundays and 
holidays excepted) after delivery of
such beer to such 
purchaser, pay the seller in cash a required amount as
a 
deposit to assure the return of such bottles and cases. 
Nothing herein
contained shall prohibit any licensee from 
crediting or refunding to a
purchaser the actual amount of 
money paid for bottles, cases, kegs or
barrels returned by the 
purchaser to the seller or paid by the purchaser
as a deposit 
on bottles, cases, kegs or barrels, when such containers or

packages are returned to the seller. Nothing herein contained 
shall
prohibit any manufacturer, importing distributor or 
distributor from
extending usual and customary credit for 
alcoholic liquor sold to
customers or purchasers who live in 
or maintain places of business
outside of this State when such 
alcoholic liquor is actually transported
and delivered to such 
points outside of this State.

 A manufacturer, distributor, or importing distributor may 
furnish free social media advertising to a retail licensee if 
the social media advertisement does not contain the retail 
price of any alcoholic liquor and the social media 
advertisement complies with any applicable rules or 
regulations issued by the Alcohol and Tobacco Tax and Trade 
Bureau of the United States Department of the Treasury. A 
manufacturer, distributor, or importing distributor may list 
the names of one or more unaffiliated retailers in the 
advertisement of alcoholic liquor through social media. 
Nothing in this Section shall prohibit a retailer from 
communicating with a manufacturer, distributor, or importing 
distributor on social media or sharing media on the social 
media of a manufacturer, distributor, or importing 
distributor. A retailer may request free social media 
advertising from a manufacturer, distributor, or importing 
distributor. Nothing in this Section shall prohibit a 
manufacturer, distributor, or importing distributor from 
sharing, reposting, or otherwise forwarding a social media 
post by a retail licensee, so long as the sharing, reposting, 
or forwarding of the social media post does not contain the 
retail price of any alcoholic liquor. No manufacturer, 
distributor, or importing distributor shall pay or reimburse a 
retailer, directly or indirectly, for any social media 
advertising services, except as specifically permitted in this 
Act. No retailer shall accept any payment or reimbursement, 
directly or indirectly, for any social media advertising 
services offered by a manufacturer, distributor, or importing 
distributor, except as specifically permitted in this Act. For 
the purposes of this Section, "social media" means a service, 
platform, or site where users communicate with one another and 
share media, such as pictures, videos, music, and blogs, with 
other users free of charge. 
 No right of action shall exist for the collection of any 
claim based
upon credit extended to a distributor, importing 
distributor or retail
licensee contrary to the provisions of 
this Section.

 Every manufacturer, importing distributor and distributor 
shall
submit or cause to be submitted, to the State 
Commission, in triplicate,
not later than Thursday of each 
calendar week, a verified written list
of the names and 
respective addresses of each retail licensee purchasing

spirits or wine from such manufacturer, importing distributor 
or
distributor who, on the first business day of that calendar 
week, was
delinquent beyond the above mentioned permissible 
merchandising credit
period of 30 days; or, if such is the 
fact, a verified written statement
that no retail licensee 
purchasing spirits or wine was then delinquent
beyond such 
permissible merchandising credit period of 30 days.

 Every manufacturer, importing distributor and distributor 
shall
submit or cause to be submitted, to the State 
Commission, in triplicate,
a verified written list of the 
names and respective addresses of each
previously reported 
delinquent retail licensee who has cured such
delinquency by 
payment, which list shall be submitted not later than the

close of the second full business day following the day such 
delinquency
was so cured.

 The written list of delinquent retail licensees shall be 
developed, administered, and maintained only by the State 
Commission. The State Commission shall notify each retail 
licensee that it has been placed on the delinquency list. 
Determinations of delinquency or nondelinquency shall be made 
only by the State Commission. 
 Such written verified reports required to be submitted by 
this
Section shall be posted by the State Commission in each of 
its offices
in places available for public inspection not 
later than the day
following receipt thereof by the State 
Commission. The reports so posted shall
constitute notice to 
every manufacturer, importing distributor and
distributor of 
the information contained therein. Actual notice to

manufacturers, importing distributors and distributors of the

information contained in any such posted reports, however 
received,
shall also constitute notice of such information.

 The 30-day 30 day merchandising credit period allowed by 
this Section shall
commence with the day immediately following 
the date of invoice and
shall include all successive days 
including Sundays and holidays to and
including the 30th 
successive day.

 In addition to other methods allowed by law, payment by 
check or credit card during
the period for which merchandising 
credit may be extended under the
provisions of this Section 
shall be considered payment. All checks
received in payment 
for alcoholic liquor shall be promptly deposited for

collection. A post dated check or a check dishonored on 
presentation for
payment shall not be deemed payment.

 A credit card payment in dispute by a retailer shall not be 
deemed payment, and the debt uncured for merchandising credit 
shall be reported as delinquent. Nothing in this Section shall 
prevent a distributor, self-distributing manufacturer, or 
importing distributor from assessing a usual and customary 
transaction fee representative of the actual finance charges 
incurred for processing a credit card payment. This 
transaction fee shall be disclosed on the invoice. It shall be 
considered unlawful for a distributor, importing distributor, 
or self-distributing manufacturer to waive finance charges for 
retailers. 
 A retail licensee shall not be deemed to be delinquent in 
payment for
any alleged sale to him of alcoholic liquor when 
there exists a bona fide
dispute between such retailer and a 
manufacturer, importing distributor
or distributor with 
respect to the amount of indebtedness existing
because of such 
alleged sale. A retail licensee shall not be deemed to be 
delinquent under this provision and 11 Ill. Adm. Code 100.90 
until 30 days after the date on which the region in which the 
retail licensee is located enters Phase 4 of the Governor's 
Restore Illinois Plan as issued on May 5, 2020. 
 A delinquent retail licensee who engages in the retail 
liquor
business at 2 or more locations shall be deemed to be 
delinquent with
respect to each such location.

 The license of any person who violates any provision of 
this Section
shall be subject to suspension or revocation in 
the manner provided by
this Act.

 If any part or provision of this Article or the 
application thereof
to any person or circumstances shall be 
adjudged invalid by a court of
competent jurisdiction, such 
judgment shall be confined by its operation
to the controversy 
in which it was mentioned and shall not affect or
invalidate 
the remainder of this Article or the application thereof to

any other person or circumstance and to this and the 
provisions of this
Article are declared severable.

(Source: P.A. 101-631, eff. 6-2-20; 102-8, eff. 6-2-21; 
102-442, eff. 1-1-22; revised 9-21-21.)


 (235 ILCS 5/6-37)
 Sec. 6-37. (Repealed).
(Source: P.A. 102-8, eff. 6-2-21. Repealed internally, eff. 
7-11-21.)



 (235 ILCS 5/6-37.5)


 Sec. 6-37.5 6-37. Transfer of wine or spirits by a retail 
licensee with multiple licenses.
 (a) No original package of wine or spirits may be 
transferred from one retail licensee to any other retail 
licensee without prior permission from the State Commission; 
however, if the same retailer owns more than one licensed 
retail location, an off-premise retailer may transfer up to 3% 
of its average monthly purchases by volume and an on-premise 
retailer may transfer up to 5% of its average monthly 
purchases by volume of original package of wine or spirits 
from one or more of such retailer's licensed locations to 
another of that retailer's licensed locations each month 
without prior permission from the State Commission, subject to 
the following conditions:
  (1) notice is provided to the distributor responsible 
 for the geographic area of the brand, size, and quantity 
 of the wine or spirits to be transferred within the 
 geographic area; and
  (2) the transfer is made by common carrier, a licensed 
 distributor's or importing distributor's vehicle, or a 
 vehicle owned and operated by the licensee.
 (b) All transfers must be properly documented on a form 
provided by the State Commission that includes the following 
information:
  (1) the license number of the retail licensee's 
 location from which the transfer is to be made and the 
 license number of the retail licensee's location to which 
 the transfer is to be made;
  (2) the brand, size, and quantity of the wine or 
 spirits to be transferred; and
  (3) the date the transfer is made.
 (c) A retail licensee location that transfers or receives 
an original package of wine or spirits as authorized by this 
Section shall not be deemed to be engaged in business as a 
wholesaler or distributor based upon the transfer authorized 
by this Section.
 (d) A transfer authorized by this Section shall not be 
deemed a sale.
 (e) A retailer that is delinquent in payment pursuant to 
Section 6-5 shall be prohibited from transferring wine or 
spirits to a commonly owned retailer pursuant to this Section 
until the indebtedness is cured.
 (f) As used in this Section:
 "Average monthly purchases" is calculated using a 12-month 
rolling average of the total volume purchased over the 12 most 
recent months previous to the month in which the transfer is 
made and dividing that total by 12.
 "Month" means a calendar month.

(Source: P.A. 102-442, eff. 8-20-21; revised 11-10-21.)


 Section 505. The Illinois Public Aid Code is amended by 
changing Sections 5-2, 5-4.2, 5-5, 5-5f, 5-16.8, 5-30.1, 
9A-11, 10-1, and 12-4.35 and by setting forth and renumbering 
multiple versions of Sections 5-5.12d, 5-41, and 12-4.54 as 
follows:




 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)


 Sec. 5-2. Classes of persons eligible. Medical assistance 
under this
Article shall be available to any of the following 
classes of persons in
respect to whom a plan for coverage has 
been submitted to the Governor
by the Illinois Department and 
approved by him. If changes made in this Section 5-2 require 
federal approval, they shall not take effect until such 
approval has been received:

  1. Recipients of basic maintenance grants under 
 Articles III and IV.

  2. Beginning January 1, 2014, persons otherwise 
 eligible for basic maintenance under Article
III, 
 excluding any eligibility requirements that are 
 inconsistent with any federal law or federal regulation, 
 as interpreted by the U.S. Department of Health and Human 
 Services, but who fail to qualify thereunder on the basis 
 of need, and
who have insufficient income and resources to 
 meet the costs of
necessary medical care, including, but 
 not limited to, the following:

   (a) All persons otherwise eligible for basic 
 maintenance under Article
III but who fail to qualify 
 under that Article on the basis of need and who
meet 
 either of the following requirements:

    (i) their income, as determined by the 
 Illinois Department in
accordance with any federal 
 requirements, is equal to or less than 100% of the 
 federal poverty level; or

    (ii) their income, after the deduction of 
 costs incurred for medical
care and for other 
 types of remedial care, is equal to or less than 
 100% of the federal poverty level.

   (b) (Blank).

  3. (Blank).

  4. Persons not eligible under any of the preceding 
 paragraphs who fall
sick, are injured, or die, not having 
 sufficient money, property or other
resources to meet the 
 costs of necessary medical care or funeral and burial

 expenses.

  5.(a) Beginning January 1, 2020, individuals during 
 pregnancy and during the
12-month period beginning on the 
 last day of the pregnancy, together with
their infants,

 whose income is at or below 200% of the federal poverty 
 level. Until September 30, 2019, or sooner if the 
 maintenance of effort requirements under the Patient 
 Protection and Affordable Care Act are eliminated or may 
 be waived before then, individuals during pregnancy and 
 during the 12-month period beginning on the last day of 
 the pregnancy, whose countable monthly income, after the 
 deduction of costs incurred for medical care and for other 
 types of remedial care as specified in administrative 
 rule, is equal to or less than the Medical Assistance-No 
 Grant(C) (MANG(C)) Income Standard in effect on April 1, 
 2013 as set forth in administrative rule.

  (b) The plan for coverage shall provide ambulatory 
 prenatal care to pregnant individuals during a
presumptive 
 eligibility period and establish an income eligibility 
 standard
that is equal to 200% of the federal poverty 
 level, provided that costs incurred
for medical care are 
 not taken into account in determining such income

 eligibility.

  (c) The Illinois Department may conduct a 
 demonstration in at least one
county that will provide 
 medical assistance to pregnant individuals together
with 
 their infants and children up to one year of age,
where the 
 income
eligibility standard is set up to 185% of the 
 nonfarm income official
poverty line, as defined by the 
 federal Office of Management and Budget.
The Illinois 
 Department shall seek and obtain necessary authorization

 provided under federal law to implement such a 
 demonstration. Such
demonstration may establish resource 
 standards that are not more
restrictive than those 
 established under Article IV of this Code.

  6. (a) Subject to federal approval, children younger 
 than age 19 when countable income is at or below 313% of 
 the federal poverty level, as determined by the Department 
 and in accordance with all applicable federal 
 requirements. The Department is authorized to adopt 
 emergency rules to implement the changes made to this 
 paragraph by Public Act 102-43 this amendatory Act of the 
 102nd General Assembly. Until September 30, 2019, or 
 sooner if the maintenance of effort requirements under the 
 Patient Protection and Affordable Care Act are eliminated 
 or may be waived before then, children younger than age 19 
 whose countable monthly income, after the deduction of 
 costs incurred for medical care and for other types of 
 remedial care as specified in administrative rule, is 
 equal to or less than the Medical Assistance-No Grant(C) 
 (MANG(C)) Income Standard in effect on April 1, 2013 as 
 set forth in administrative rule.
  (b) Children and youth who are under temporary custody 
 or guardianship of the Department of Children and Family 
 Services or who receive financial assistance in support of 
 an adoption or guardianship placement from the Department 
 of Children and Family Services. 

  7. (Blank).

  8. As required under federal law, persons who are 
 eligible for Transitional Medical Assistance as a result 
 of an increase in earnings or child or spousal support 
 received. The plan for coverage for this class of persons 
 shall:

   (a) extend the medical assistance coverage to the 
 extent required by federal law; and

   (b) offer persons who have initially received 6 
 months of the
coverage provided in paragraph (a) 
 above, the option of receiving an
additional 6 months 
 of coverage, subject to the following:

    (i) such coverage shall be pursuant to 
 provisions of the federal
Social Security Act;

    (ii) such coverage shall include all services 
 covered under Illinois' State Medicaid Plan;

    (iii) no premium shall be charged for such 
 coverage; and

    (iv) such coverage shall be suspended in the 
 event of a person's
failure without good cause to 
 file in a timely fashion reports required for
this 
 coverage under the Social Security Act and 
 coverage shall be reinstated
upon the filing of 
 such reports if the person remains otherwise 
 eligible.

  9. Persons with acquired immunodeficiency syndrome 
 (AIDS) or with
AIDS-related conditions with respect to 
 whom there has been a determination
that but for home or 
 community-based services such individuals would
require 
 the level of care provided in an inpatient hospital, 
 skilled
nursing facility or intermediate care facility the 
 cost of which is
reimbursed under this Article. Assistance 
 shall be provided to such
persons to the maximum extent 
 permitted under Title
XIX of the Federal Social Security 
 Act.

  10. Participants in the long-term care insurance 
 partnership program
established under the Illinois 
 Long-Term Care Partnership Program Act who meet the

 qualifications for protection of resources described in 
 Section 15 of that
Act.

  11. Persons with disabilities who are employed and 
 eligible for Medicaid,
pursuant to Section 
 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, 
 subject to federal approval, persons with a medically 
 improved disability who are employed and eligible for 
 Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of 
 the Social Security Act, as
provided by the Illinois 
 Department by rule. In establishing eligibility standards 
 under this paragraph 11, the Department shall, subject to 
 federal approval:
   (a) set the income eligibility standard at not 
 lower than 350% of the federal poverty level;
   (b) exempt retirement accounts that the person 
 cannot access without penalty before the age
of 59 
 1/2, and medical savings accounts established pursuant 
 to 26 U.S.C. 220;
   (c) allow non-exempt assets up to $25,000 as to 
 those assets accumulated during periods of eligibility 
 under this paragraph 11; and

   (d) continue to apply subparagraphs (b) and (c) in 
 determining the eligibility of the person under this 
 Article even if the person loses eligibility under 
 this paragraph 11.

  12. Subject to federal approval, persons who are 
 eligible for medical
assistance coverage under applicable 
 provisions of the federal Social Security
Act and the 
 federal Breast and Cervical Cancer Prevention and 
 Treatment Act of
2000. Those eligible persons are defined 
 to include, but not be limited to,
the following persons:

   (1) persons who have been screened for breast or 
 cervical cancer under
the U.S. Centers for Disease 
 Control and Prevention Breast and Cervical Cancer

 Program established under Title XV of the federal 
 Public Health Service Act in
accordance with the 
 requirements of Section 1504 of that Act as 
 administered by
the Illinois Department of Public 
 Health; and

   (2) persons whose screenings under the above 
 program were funded in whole
or in part by funds 
 appropriated to the Illinois Department of Public 
 Health
for breast or cervical cancer screening.

  "Medical assistance" under this paragraph 12 shall be 
 identical to the benefits
provided under the State's 
 approved plan under Title XIX of the Social Security
Act. 
 The Department must request federal approval of the 
 coverage under this
paragraph 12 within 30 days after July 
 3, 2001 (the effective date of Public Act 92-47).

  In addition to the persons who are eligible for 
 medical assistance pursuant to subparagraphs (1) and (2) 
 of this paragraph 12, and to be paid from funds 
 appropriated to the Department for its medical programs, 
 any uninsured person as defined by the Department in rules 
 residing in Illinois who is younger than 65 years of age, 
 who has been screened for breast and cervical cancer in 
 accordance with standards and procedures adopted by the 
 Department of Public Health for screening, and who is 
 referred to the Department by the Department of Public 
 Health as being in need of treatment for breast or 
 cervical cancer is eligible for medical assistance 
 benefits that are consistent with the benefits provided to 
 those persons described in subparagraphs (1) and (2). 
 Medical assistance coverage for the persons who are 
 eligible under the preceding sentence is not dependent on 
 federal approval, but federal moneys may be used to pay 
 for services provided under that coverage upon federal 
 approval. 
  13. Subject to appropriation and to federal approval, 
 persons living with HIV/AIDS who are not otherwise 
 eligible under this Article and who qualify for services 
 covered under Section 5-5.04 as provided by the Illinois 
 Department by rule.

  14. Subject to the availability of funds for this 
 purpose, the Department may provide coverage under this 
 Article to persons who reside in Illinois who are not 
 eligible under any of the preceding paragraphs and who 
 meet the income guidelines of paragraph 2(a) of this 
 Section and (i) have an application for asylum pending 
 before the federal Department of Homeland Security or on 
 appeal before a court of competent jurisdiction and are 
 represented either by counsel or by an advocate accredited 
 by the federal Department of Homeland Security and 
 employed by a not-for-profit organization in regard to 
 that application or appeal, or (ii) are receiving services 
 through a federally funded torture treatment center. 
 Medical coverage under this paragraph 14 may be provided 
 for up to 24 continuous months from the initial 
 eligibility date so long as an individual continues to 
 satisfy the criteria of this paragraph 14. If an 
 individual has an appeal pending regarding an application 
 for asylum before the Department of Homeland Security, 
 eligibility under this paragraph 14 may be extended until 
 a final decision is rendered on the appeal. The Department 
 may adopt rules governing the implementation of this 
 paragraph 14.

  15. Family Care Eligibility.
   (a) On and after July 1, 2012, a parent or other 
 caretaker relative who is 19 years of age or older when 
 countable income is at or below 133% of the federal 
 poverty level. A person may not spend down to become 
 eligible under this paragraph 15. 
   (b) Eligibility shall be reviewed annually.
   (c) (Blank).
   (d) (Blank).
   (e) (Blank).
   (f) (Blank).
   (g) (Blank).
   (h) (Blank).
   (i) Following termination of an individual's 
 coverage under this paragraph 15, the individual must 
 be determined eligible before the person can be 
 re-enrolled.
  16. Subject to appropriation, uninsured persons who 
 are not otherwise eligible under this Section who have 
 been certified and referred by the Department of Public 
 Health as having been screened and found to need 
 diagnostic evaluation or treatment, or both diagnostic 
 evaluation and treatment, for prostate or testicular 
 cancer. For the purposes of this paragraph 16, uninsured 
 persons are those who do not have creditable coverage, as 
 defined under the Health Insurance Portability and 
 Accountability Act, or have otherwise exhausted any 
 insurance benefits they may have had, for prostate or 
 testicular cancer diagnostic evaluation or treatment, or 
 both diagnostic evaluation and treatment.
To be eligible, 
 a person must furnish a Social Security number.
A person's 
 assets are exempt from consideration in determining 
 eligibility under this paragraph 16.
Such persons shall be 
 eligible for medical assistance under this paragraph 16 
 for so long as they need treatment for the cancer. A person 
 shall be considered to need treatment if, in the opinion 
 of the person's treating physician, the person requires 
 therapy directed toward cure or palliation of prostate or 
 testicular cancer, including recurrent metastatic cancer 
 that is a known or presumed complication of prostate or 
 testicular cancer and complications resulting from the 
 treatment modalities themselves. Persons who require only 
 routine monitoring services are not considered to need 
 treatment.
"Medical assistance" under this paragraph 16 
 shall be identical to the benefits provided under the 
 State's approved plan under Title XIX of the Social 
 Security Act.
Notwithstanding any other provision of law, 
 the Department (i) does not have a claim against the 
 estate of a deceased recipient of services under this 
 paragraph 16 and (ii) does not have a lien against any 
 homestead property or other legal or equitable real 
 property interest owned by a recipient of services under 
 this paragraph 16.
  17. Persons who, pursuant to a waiver approved by the 
 Secretary of the U.S. Department of Health and Human 
 Services, are eligible for medical assistance under Title 
 XIX or XXI of the federal Social Security Act. 
 Notwithstanding any other provision of this Code and 
 consistent with the terms of the approved waiver, the 
 Illinois Department, may by rule: 
   (a) Limit the geographic areas in which the waiver 
 program operates. 
   (b) Determine the scope, quantity, duration, and 
 quality, and the rate and method of reimbursement, of 
 the medical services to be provided, which may differ 
 from those for other classes of persons eligible for 
 assistance under this Article. 
   (c) Restrict the persons' freedom in choice of 
 providers. 
  18. Beginning January 1, 2014, persons aged 19 or 
 older, but younger than 65, who are not otherwise eligible 
 for medical assistance under this Section 5-2, who qualify 
 for medical assistance pursuant to 42 U.S.C. 
 1396a(a)(10)(A)(i)(VIII) and applicable federal 
 regulations, and who have income at or below 133% of the 
 federal poverty level plus 5% for the applicable family 
 size as determined pursuant to 42 U.S.C. 1396a(e)(14) and 
 applicable federal regulations. Persons eligible for 
 medical assistance under this paragraph 18 shall receive 
 coverage for the Health Benefits Service Package as that 
 term is defined in subsection (m) of Section 5-1.1 of this 
 Code. If Illinois' federal medical assistance percentage 
 (FMAP) is reduced below 90% for persons eligible for 
 medical
assistance under this paragraph 18, eligibility 
 under this paragraph 18 shall cease no later than the end 
 of the third month following the month in which the 
 reduction in FMAP takes effect. 
  19. Beginning January 1, 2014, as required under 42 
 U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 
 and younger than age 26 who are not otherwise eligible for 
 medical assistance under paragraphs (1) through (17) of 
 this Section who (i) were in foster care under the 
 responsibility of the State on the date of attaining age 
 18 or on the date of attaining age 21 when a court has 
 continued wardship for good cause as provided in Section 
 2-31 of the Juvenile Court Act of 1987 and (ii) received 
 medical assistance under the Illinois Title XIX State Plan 
 or waiver of such plan while in foster care. 
  20. Beginning January 1, 2018, persons who are 
 foreign-born victims of human trafficking, torture, or 
 other serious crimes as defined in Section 2-19 of this 
 Code and their derivative family members if such persons: 
 (i) reside in Illinois; (ii) are not eligible under any of 
 the preceding paragraphs; (iii) meet the income guidelines 
 of subparagraph (a) of paragraph 2; and (iv) meet the 
 nonfinancial eligibility requirements of Sections 16-2, 
 16-3, and 16-5 of this Code. The Department may extend 
 medical assistance for persons who are foreign-born 
 victims of human trafficking, torture, or other serious 
 crimes whose medical assistance would be terminated 
 pursuant to subsection (b) of Section 16-5 if the 
 Department determines that the person, during the year of 
 initial eligibility (1) experienced a health crisis, (2) 
 has been unable, after reasonable attempts, to obtain 
 necessary information from a third party, or (3) has other 
 extenuating circumstances that prevented the person from 
 completing his or her application for status. The 
 Department may adopt any rules necessary to implement the 
 provisions of this paragraph.
  21. Persons who are not otherwise eligible for medical 
 assistance under this Section who may qualify for medical 
 assistance pursuant to 42 U.S.C. 
 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the 
 duration of any federal or State declared emergency due to 
 COVID-19. Medical assistance to persons eligible for 
 medical assistance solely pursuant to this paragraph 21 
 shall be limited to any in vitro diagnostic product (and 
 the administration of such product) described in 42 U.S.C. 
 1396d(a)(3)(B) on or after March 18, 2020, any visit 
 described in 42 U.S.C. 1396o(a)(2)(G), or any other 
 medical assistance that may be federally authorized for 
 this class of persons. The Department may also cover 
 treatment of COVID-19 for this class of persons, or any 
 similar category of uninsured individuals, to the extent 
 authorized under a federally approved 1115 Waiver or other 
 federal authority. Notwithstanding the provisions of 
 Section 1-11 of this Code, due to the nature of the 
 COVID-19 public health emergency, the Department may cover 
 and provide the medical assistance described in this 
 paragraph 21 to noncitizens who would otherwise meet the 
 eligibility requirements for the class of persons 
 described in this paragraph 21 for the duration of the 
 State emergency period. 
 In implementing the provisions of Public Act 96-20, the 
Department is authorized to adopt only those rules necessary, 
including emergency rules. Nothing in Public Act 96-20 permits 
the Department to adopt rules or issue a decision that expands 
eligibility for the FamilyCare Program to a person whose 
income exceeds 185% of the Federal Poverty Level as determined 
from time to time by the U.S. Department of Health and Human 
Services, unless the Department is provided with express 
statutory authority. 

 The eligibility of any such person for medical assistance 
under this
Article is not affected by the payment of any grant 
under the Senior
Citizens and Persons with Disabilities 
Property Tax Relief Act or any distributions or items of 
income described under
subparagraph (X) of
paragraph (2) of 
subsection (a) of Section 203 of the Illinois Income Tax
Act.
 The Department shall by rule establish the amounts of

assets to be disregarded in determining eligibility for 
medical assistance,
which shall at a minimum equal the amounts 
to be disregarded under the
Federal Supplemental Security 
Income Program. The amount of assets of a
single person to be 
disregarded
shall not be less than $2,000, and the amount of 
assets of a married couple
to be disregarded shall not be less 
than $3,000.

 To the extent permitted under federal law, any person 
found guilty of a
second violation of Article VIIIA
shall be 
ineligible for medical assistance under this Article, as 
provided
in Section 8A-8.

 The eligibility of any person for medical assistance under 
this Article
shall not be affected by the receipt by the person 
of donations or benefits
from fundraisers held for the person 
in cases of serious illness,
as long as neither the person nor 
members of the person's family
have actual control over the 
donations or benefits or the disbursement
of the donations or 
benefits.

 Notwithstanding any other provision of this Code, if the 
United States Supreme Court holds Title II, Subtitle A, 
Section 2001(a) of Public Law 111-148 to be unconstitutional, 
or if a holding of Public Law 111-148 makes Medicaid 
eligibility allowed under Section 2001(a) inoperable, the 
State or a unit of local government shall be prohibited from 
enrolling individuals in the Medical Assistance Program as the 
result of federal approval of a State Medicaid waiver on or 
after June 14, 2012 (the effective date of Public Act 97-687), 
and any individuals enrolled in the Medical Assistance Program 
pursuant to eligibility permitted as a result of such a State 
Medicaid waiver shall become immediately ineligible. 
 Notwithstanding any other provision of this Code, if an 
Act of Congress that becomes a Public Law eliminates Section 
2001(a) of Public Law 111-148, the State or a unit of local 
government shall be prohibited from enrolling individuals in 
the Medical Assistance Program as the result of federal 
approval of a State Medicaid waiver on or after June 14, 2012 
(the effective date of Public Act 97-687), and any individuals 
enrolled in the Medical Assistance Program pursuant to 
eligibility permitted as a result of such a State Medicaid 
waiver shall become immediately ineligible. 
 Effective October 1, 2013, the determination of 
eligibility of persons who qualify under paragraphs 5, 6, 8, 
15, 17, and 18 of this Section shall comply with the 
requirements of 42 U.S.C. 1396a(e)(14) and applicable federal 
regulations. 
 The Department of Healthcare and Family Services, the 
Department of Human Services, and the Illinois health 
insurance marketplace shall work cooperatively to assist 
persons who would otherwise lose health benefits as a result 
of changes made under Public Act 98-104 to transition to other 
health insurance coverage. 
(Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20; 
102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff. 
10-8-21; revised 11-18-21.)




 (305 ILCS 5/5-4.2)



 Sec. 5-4.2. Ambulance services payments. 
 (a) For
ambulance
services provided to a recipient of aid 
under this Article on or after
January 1, 1993, the Illinois 
Department shall reimburse ambulance service
providers at 
rates calculated in accordance with this Section. It is the 
intent
of the General Assembly to provide adequate 
reimbursement for ambulance
services so as to ensure adequate 
access to services for recipients of aid
under this Article 
and to provide appropriate incentives to ambulance service

providers to provide services in an efficient and 
cost-effective manner. Thus,
it is the intent of the General 
Assembly that the Illinois Department implement
a 
reimbursement system for ambulance services that, to the 
extent practicable
and subject to the availability of funds 
appropriated by the General Assembly
for this purpose, is 
consistent with the payment principles of Medicare. To
ensure 
uniformity between the payment principles of Medicare and 
Medicaid, the
Illinois Department shall follow, to the extent 
necessary and practicable and
subject to the availability of 
funds appropriated by the General Assembly for
this purpose, 
the statutes, laws, regulations, policies, procedures,

principles, definitions, guidelines, and manuals used to 
determine the amounts
paid to ambulance service providers 
under Title XVIII of the Social Security
Act (Medicare).

 (b) For ambulance services provided to a recipient of aid 
under this Article
on or after January 1, 1996, the Illinois 
Department shall reimburse ambulance
service providers based 
upon the actual distance traveled if a natural
disaster, 
weather conditions, road repairs, or traffic congestion 
necessitates
the use of a
route other than the most direct 
route.

 (c) For purposes of this Section, "ambulance services" 
includes medical
transportation services provided by means of 
an ambulance, medi-car, service
car, or
taxi.

 (c-1) For purposes of this Section, "ground ambulance 
service" means medical transportation services that are 
described as ground ambulance services by the Centers for 
Medicare and Medicaid Services and provided in a vehicle that 
is licensed as an ambulance by the Illinois Department of 
Public Health pursuant to the Emergency Medical Services (EMS) 
Systems Act.
 (c-2) For purposes of this Section, "ground ambulance 
service provider" means a vehicle service provider as 
described in the Emergency Medical Services (EMS) Systems Act 
that operates licensed ambulances for the purpose of providing 
emergency ambulance services, or non-emergency ambulance 
services, or both. For purposes of this Section, this includes 
both ambulance providers and ambulance suppliers as described 
by the Centers for Medicare and Medicaid Services.
 (c-3) For purposes of this Section, "medi-car" means 
transportation services provided to a patient who is confined 
to a wheelchair and requires the use of a hydraulic or electric 
lift or ramp and wheelchair lockdown when the patient's 
condition does not require medical observation, medical 
supervision, medical equipment, the administration of 
medications, or the administration of oxygen. 
 (c-4) For purposes of this Section, "service car" means 
transportation services provided to a patient by a passenger 
vehicle where that patient does not require the specialized 
modes described in subsection (c-1) or (c-3). 
 (d) This Section does not prohibit separate billing by 
ambulance service
providers for oxygen furnished while 
providing advanced life support
services.

 (e) Beginning with services rendered on or after July 1, 
2008, all providers of non-emergency medi-car and service car 
transportation must certify that the driver and employee 
attendant, as applicable, have completed a safety program 
approved by the Department to protect both the patient and the 
driver, prior to transporting a patient.
The provider must 
maintain this certification in its records. The provider shall 
produce such documentation upon demand by the Department or 
its representative. Failure to produce documentation of such 
training shall result in recovery of any payments made by the 
Department for services rendered by a non-certified driver or 
employee attendant. Medi-car and service car providers must 
maintain legible documentation in their records of the driver 
and, as applicable, employee attendant that actually 
transported the patient. Providers must recertify all drivers 
and employee attendants every 3 years.
If they meet the 
established training components set forth by the Department, 
providers of non-emergency medi-car and service car 
transportation that are either directly or through an 
affiliated company licensed by the Department of Public Health 
shall be approved by the Department to have in-house safety 
programs for training their own staff. 
 Notwithstanding the requirements above, any public 
transportation provider of medi-car and service car 
transportation that receives federal funding under 49 U.S.C. 
5307 and 5311 need not certify its drivers and employee 
attendants under this Section, since safety training is 
already federally mandated.

 (f) With respect to any policy or program administered by 
the Department or its agent regarding approval of 
non-emergency medical transportation by ground ambulance 
service providers, including, but not limited to, the 
Non-Emergency Transportation Services Prior Approval Program 
(NETSPAP), the Department shall establish by rule a process by 
which ground ambulance service providers of non-emergency 
medical transportation may appeal any decision by the 
Department or its agent for which no denial was received prior 
to the time of transport that either (i) denies a request for 
approval for payment of non-emergency transportation by means 
of ground ambulance service or (ii) grants a request for 
approval of non-emergency transportation by means of ground 
ambulance service at a level of service that entitles the 
ground ambulance service provider to a lower level of 
compensation from the Department than the ground ambulance 
service provider would have received as compensation for the 
level of service requested. The rule shall be filed by 
December 15, 2012 and shall provide that, for any decision 
rendered by the Department or its agent on or after the date 
the rule takes effect, the ground ambulance service provider 
shall have 60 days from the date the decision is received to 
file an appeal. The rule established by the Department shall 
be, insofar as is practical, consistent with the Illinois 
Administrative Procedure Act. The Director's decision on an 
appeal under this Section shall be a final administrative 
decision subject to review under the Administrative Review 
Law. 
 (f-5) Beginning 90 days after July 20, 2012 (the effective 
date of Public Act 97-842), (i) no denial of a request for 
approval for payment of non-emergency transportation by means 
of ground ambulance service, and (ii) no approval of 
non-emergency transportation by means of ground ambulance 
service at a level of service that entitles the ground 
ambulance service provider to a lower level of compensation 
from the Department than would have been received at the level 
of service submitted by the ground ambulance service provider, 
may be issued by the Department or its agent unless the 
Department has submitted the criteria for determining the 
appropriateness of the transport for first notice publication 
in the Illinois Register pursuant to Section 5-40 of the 
Illinois Administrative Procedure Act. 
 (f-7) For non-emergency ground ambulance claims properly 
denied under Department policy at the time the claim is filed 
due to failure to submit a valid Medical Certification for 
Non-Emergency Ambulance on and after December 15, 2012 and 
prior to January 1, 2021, the Department shall allot 
$2,000,000 to a pool to reimburse such claims if the provider 
proves medical necessity for the service by other means. 
Providers must submit any such denied claims for which they 
seek compensation to the Department no later than December 31, 
2021 along with documentation of medical necessity. No later 
than May 31, 2022, the Department shall determine for which 
claims medical necessity was established. Such claims for 
which medical necessity was established shall be paid at the 
rate in effect at the time of the service, provided the 
$2,000,000 is sufficient to pay at those rates. If the pool is 
not sufficient, claims shall be paid at a uniform percentage 
of the applicable rate such that the pool of $2,000,000 is 
exhausted. The appeal process described in subsection (f) 
shall not be applicable to the Department's determinations 
made in accordance with this subsection. 
 (g) Whenever a patient covered by a medical assistance 
program under this Code or by another medical program 
administered by the Department, including a patient covered 
under the State's Medicaid managed care program, is being 
transported from a facility and requires non-emergency 
transportation including ground ambulance, medi-car, or 
service car transportation, a Physician Certification 
Statement as described in this Section shall be required for 
each patient. Facilities shall develop procedures for a 
licensed medical professional to provide a written and signed 
Physician Certification Statement. The Physician Certification 
Statement shall specify the level of transportation services 
needed and complete a medical certification establishing the 
criteria for approval of non-emergency ambulance 
transportation, as published by the Department of Healthcare 
and Family Services, that is met by the patient. This 
certification shall be completed prior to ordering the 
transportation service and prior to patient discharge. The 
Physician Certification Statement is not required prior to 
transport if a delay in transport can be expected to 
negatively affect the patient outcome. If the ground ambulance 
provider, medi-car provider, or service car provider is unable 
to obtain the required Physician Certification Statement 
within 10 calendar days following the date of the service, the 
ground ambulance provider, medi-car provider, or service car 
provider must document its attempt to obtain the requested 
certification and may then submit the claim for payment. 
Acceptable documentation includes a signed return receipt from 
the U.S. Postal Service, facsimile receipt, email receipt, or 
other similar service that evidences that the ground ambulance 
provider, medi-car provider, or service car provider attempted 
to obtain the required Physician Certification Statement. 
 The medical certification specifying the level and type of 
non-emergency transportation needed shall be in the form of 
the Physician Certification Statement on a standardized form 
prescribed by the Department of Healthcare and Family 
Services. Within 75 days after July 27, 2018 (the effective 
date of Public Act 100-646), the Department of Healthcare and 
Family Services shall develop a standardized form of the 
Physician Certification Statement specifying the level and 
type of transportation services needed in consultation with 
the Department of Public Health, Medicaid managed care 
organizations, a statewide association representing ambulance 
providers, a statewide association representing hospitals, 3 
statewide associations representing nursing homes, and other 
stakeholders. The Physician Certification Statement shall 
include, but is not limited to, the criteria necessary to 
demonstrate medical necessity for the level of transport 
needed as required by (i) the Department of Healthcare and 
Family Services and (ii) the federal Centers for Medicare and 
Medicaid Services as outlined in the Centers for Medicare and 
Medicaid Services' Medicare Benefit Policy Manual, Pub. 
100-02, Chap. 10, Sec. 10.2.1, et seq. The use of the Physician 
Certification Statement shall satisfy the obligations of 
hospitals under Section 6.22 of the Hospital Licensing Act and 
nursing homes under Section 2-217 of the Nursing Home Care 
Act. Implementation and acceptance of the Physician 
Certification Statement shall take place no later than 90 days 
after the issuance of the Physician Certification Statement by 
the Department of Healthcare and Family Services. 
 Pursuant to subsection (E) of Section 12-4.25 of this 
Code, the Department is entitled to recover overpayments paid 
to a provider or vendor, including, but not limited to, from 
the discharging physician, the discharging facility, and the 
ground ambulance service provider, in instances where a 
non-emergency ground ambulance service is rendered as the 
result of improper or false certification. 
 Beginning October 1, 2018, the Department of Healthcare 
and Family Services shall collect data from Medicaid managed 
care organizations and transportation brokers, including the 
Department's NETSPAP broker, regarding denials and appeals 
related to the missing or incomplete Physician Certification 
Statement forms and overall compliance with this subsection. 
The Department of Healthcare and Family Services shall publish 
quarterly results on its website within 15 days following the 
end of each quarter. 
 (h) On and after July 1, 2012, the Department shall reduce 
any rate of reimbursement for services or other payments or 
alter any methodologies authorized by this Code to reduce any 
rate of reimbursement for services or other payments in 
accordance with Section 5-5e. 
 (i) On and after July 1, 2018, the Department shall 
increase the base rate of reimbursement for both base charges 
and mileage charges for ground ambulance service providers for 
medical transportation services provided by means of a ground 
ambulance to a level not lower than 112% of the base rate in 
effect as of June 30, 2018.
(Source: P.A. 101-81, eff. 7-12-19; 101-649, eff. 7-7-20; 
102-364, eff. 1-1-22; 102-650, eff. 8-27-21; revised 11-8-21.)



 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)


 Sec. 5-5. Medical services.  The Illinois Department, by 
rule, shall
determine the quantity and quality of and the rate 
of reimbursement for the
medical assistance for which
payment 
will be authorized, and the medical services to be provided,

which may include all or part of the following: (1) inpatient 
hospital
services; (2) outpatient hospital services; (3) other 
laboratory and
X-ray services; (4) skilled nursing home 
services; (5) physicians'
services whether furnished in the 
office, the patient's home, a
hospital, a skilled nursing 
home, or elsewhere; (6) medical care, or any
other type of 
remedial care furnished by licensed practitioners; (7)
home 
health care services; (8) private duty nursing service; (9) 
clinic
services; (10) dental services, including prevention 
and treatment of periodontal disease and dental caries disease 
for pregnant individuals, provided by an individual licensed 
to practice dentistry or dental surgery; for purposes of this 
item (10), "dental services" means diagnostic, preventive, or 
corrective procedures provided by or under the supervision of 
a dentist in the practice of his or her profession; (11) 
physical therapy and related
services; (12) prescribed drugs, 
dentures, and prosthetic devices; and
eyeglasses prescribed by 
a physician skilled in the diseases of the eye,
or by an 
optometrist, whichever the person may select; (13) other

diagnostic, screening, preventive, and rehabilitative 
services, including to ensure that the individual's need for 
intervention or treatment of mental disorders or substance use 
disorders or co-occurring mental health and substance use 
disorders is determined using a uniform screening, assessment, 
and evaluation process inclusive of criteria, for children and 
adults; for purposes of this item (13), a uniform screening, 
assessment, and evaluation process refers to a process that 
includes an appropriate evaluation and, as warranted, a 
referral; "uniform" does not mean the use of a singular 
instrument, tool, or process that all must utilize; (14)

transportation and such other expenses as may be necessary; 
(15) medical
treatment of sexual assault survivors, as defined 
in
Section 1a of the Sexual Assault Survivors Emergency 
Treatment Act, for
injuries sustained as a result of the 
sexual assault, including
examinations and laboratory tests to 
discover evidence which may be used in
criminal proceedings 
arising from the sexual assault; (16) the
diagnosis and 
treatment of sickle cell anemia; (16.5) services performed by 
a chiropractic physician licensed under the Medical Practice 
Act of 1987 and acting within the scope of his or her license, 
including, but not limited to, chiropractic manipulative 
treatment; and (17)
any other medical care, and any other type 
of remedial care recognized
under the laws of this State. The 
term "any other type of remedial care" shall
include nursing 
care and nursing home service for persons who rely on

treatment by spiritual means alone through prayer for healing.


 Notwithstanding any other provision of this Section, a 
comprehensive
tobacco use cessation program that includes 
purchasing prescription drugs or
prescription medical devices 
approved by the Food and Drug Administration shall
be covered 
under the medical assistance
program under this Article for 
persons who are otherwise eligible for
assistance under this 
Article.


 Notwithstanding any other provision of this Code, 
reproductive health care that is otherwise legal in Illinois 
shall be covered under the medical assistance program for 
persons who are otherwise eligible for medical assistance 
under this Article. 
 Notwithstanding any other provision of this Section, all 
tobacco cessation medications approved by the United States 
Food and Drug Administration and all individual and group 
tobacco cessation counseling services and telephone-based 
counseling services and tobacco cessation medications provided 
through the Illinois Tobacco Quitline shall be covered under 
the medical assistance program for persons who are otherwise 
eligible for assistance under this Article. The Department 
shall comply with all federal requirements necessary to obtain 
federal financial participation, as specified in 42 CFR 
433.15(b)(7), for telephone-based counseling services provided 
through the Illinois Tobacco Quitline, including, but not 
limited to: (i) entering into a memorandum of understanding or 
interagency agreement with the Department of Public Health, as 
administrator of the Illinois Tobacco Quitline; and (ii) 
developing a cost allocation plan for Medicaid-allowable 
Illinois Tobacco Quitline services in accordance with 45 CFR 
95.507. The Department shall submit the memorandum of 
understanding or interagency agreement, the cost allocation 
plan, and all other necessary documentation to the Centers for 
Medicare and Medicaid Services for review and approval. 
Coverage under this paragraph shall be contingent upon federal 
approval.
 Notwithstanding any other provision of this Code, the 
Illinois
Department may not require, as a condition of payment 
for any laboratory
test authorized under this Article, that a 
physician's handwritten signature
appear on the laboratory 
test order form. The Illinois Department may,
however, impose 
other appropriate requirements regarding laboratory test
order 
documentation.


 Upon receipt of federal approval of an amendment to the 
Illinois Title XIX State Plan for this purpose, the Department 
shall authorize the Chicago Public Schools (CPS) to procure a 
vendor or vendors to manufacture eyeglasses for individuals 
enrolled in a school within the CPS system. CPS shall ensure 
that its vendor or vendors are enrolled as providers in the 
medical assistance program and in any capitated Medicaid 
managed care entity (MCE) serving individuals enrolled in a 
school within the CPS system. Under any contract procured 
under this provision, the vendor or vendors must serve only 
individuals enrolled in a school within the CPS system. Claims 
for services provided by CPS's vendor or vendors to recipients 
of benefits in the medical assistance program under this Code, 
the Children's Health Insurance Program, or the Covering ALL 
KIDS Health Insurance Program shall be submitted to the 
Department or the MCE in which the individual is enrolled for 
payment and shall be reimbursed at the Department's or the 
MCE's established rates or rate methodologies for eyeglasses. 
 On and after July 1, 2012, the Department of Healthcare 
and Family Services may provide the following services to

persons
eligible for assistance under this Article who are 
participating in
education, training or employment programs 
operated by the Department of Human
Services as successor to 
the Department of Public Aid:

  (1) dental services provided by or under the 
 supervision of a dentist; and


  (2) eyeglasses prescribed by a physician skilled in 
 the diseases of the
eye, or by an optometrist, whichever 
 the person may select.

 On and after July 1, 2018, the Department of Healthcare 
and Family Services shall provide dental services to any adult 
who is otherwise eligible for assistance under the medical 
assistance program. As used in this paragraph, "dental 
services" means diagnostic, preventative, restorative, or 
corrective procedures, including procedures and services for 
the prevention and treatment of periodontal disease and dental 
caries disease, provided by an individual who is licensed to 
practice dentistry or dental surgery or who is under the 
supervision of a dentist in the practice of his or her 
profession.
 On and after July 1, 2018, targeted dental services, as 
set forth in Exhibit D of the Consent Decree entered by the 
United States District Court for the Northern District of 
Illinois, Eastern Division, in the matter of Memisovski v. 
Maram, Case No. 92 C 1982, that are provided to adults under 
the medical assistance program shall be established at no less 
than the rates set forth in the "New Rate" column in Exhibit D 
of the Consent Decree for targeted dental services that are 
provided to persons under the age of 18 under the medical 
assistance program. 
 Notwithstanding any other provision of this Code and 
subject to federal approval, the Department may adopt rules to 
allow a dentist who is volunteering his or her service at no 
cost to render dental services through an enrolled 
not-for-profit health clinic without the dentist personally 
enrolling as a participating provider in the medical 
assistance program. A not-for-profit health clinic shall 
include a public health clinic or Federally Qualified Health 
Center or other enrolled provider, as determined by the 
Department, through which dental services covered under this 
Section are performed. The Department shall establish a 
process for payment of claims for reimbursement for covered 
dental services rendered under this provision. 
 On and after January 1, 2022, the Department of Healthcare 
and Family Services shall administer and regulate a 
school-based dental program that allows for the out-of-office 
delivery of preventative dental services in a school setting 
to children under 19 years of age. The Department shall 
establish, by rule, guidelines for participation by providers 
and set requirements for follow-up referral care based on the 
requirements established in the Dental Office Reference Manual 
published by the Department that establishes the requirements 
for dentists participating in the All Kids Dental School 
Program. Every effort shall be made by the Department when 
developing the program requirements to consider the different 
geographic differences of both urban and rural areas of the 
State for initial treatment and necessary follow-up care. No 
provider shall be charged a fee by any unit of local government 
to participate in the school-based dental program administered 
by the Department. Nothing in this paragraph shall be 
construed to limit or preempt a home rule unit's or school 
district's authority to establish, change, or administer a 
school-based dental program in addition to, or independent of, 
the school-based dental program administered by the 
Department. 
 The Illinois Department, by rule, may distinguish and 
classify the
medical services to be provided only in 
accordance with the classes of
persons designated in Section 
5-2.


 The Department of Healthcare and Family Services must 
provide coverage and reimbursement for amino acid-based 
elemental formulas, regardless of delivery method, for the 
diagnosis and treatment of (i) eosinophilic disorders and (ii) 
short bowel syndrome when the prescribing physician has issued 
a written order stating that the amino acid-based elemental 
formula is medically necessary.

 The Illinois Department shall authorize the provision of, 
and shall
authorize payment for, screening by low-dose 
mammography for the presence of
occult breast cancer for 
individuals 35 years of age or older who are eligible
for 
medical assistance under this Article, as follows:
  (A) A baseline
mammogram for individuals 35 to 39 
 years of age.

  (B) An annual mammogram for individuals 40 years of 
 age or older.
  (C) A mammogram at the age and intervals considered 
 medically necessary by the individual's health care 
 provider for individuals under 40 years of age and having 
 a family history of breast cancer, prior personal history 
 of breast cancer, positive genetic testing, or other risk 
 factors.
  (D) A comprehensive ultrasound screening and MRI of an 
 entire breast or breasts if a mammogram demonstrates 
 heterogeneous or dense breast tissue or when medically 
 necessary as determined by a physician licensed to 
 practice medicine in all of its branches. 
  (E) A screening MRI when medically necessary, as 
 determined by a physician licensed to practice medicine in 
 all of its branches. 
  (F) A diagnostic mammogram when medically necessary, 
 as determined by a physician licensed to practice medicine 
 in all its branches, advanced practice registered nurse, 
 or physician assistant. 
 The Department shall not impose a deductible, coinsurance, 
copayment, or any other cost-sharing requirement on the 
coverage provided under this paragraph; except that this 
sentence does not apply to coverage of diagnostic mammograms 
to the extent such coverage would disqualify a high-deductible 
health plan from eligibility for a health savings account 
pursuant to Section 223 of the Internal Revenue Code (26 
U.S.C. 223). 
 All screenings
shall
include a physical breast exam, 
instruction on self-examination and
information regarding the 
frequency of self-examination and its value as a
preventative 
tool.
  For purposes of this Section:
 "Diagnostic
mammogram" means a mammogram obtained using 
diagnostic mammography.
 "Diagnostic
mammography" means a method of screening that 
is designed to
evaluate an abnormality in a breast, including 
an abnormality seen
or suspected on a screening mammogram or a 
subjective or objective
abnormality otherwise detected in the 
breast.
 "Low-dose mammography" means
the x-ray examination of the 
breast using equipment dedicated specifically
for mammography, 
including the x-ray tube, filter, compression device,
and 
image receptor, with an average radiation exposure delivery
of 
less than one rad per breast for 2 views of an average size 
breast.
The term also includes digital mammography and 
includes breast tomosynthesis.
 "Breast tomosynthesis" means a radiologic procedure that 
involves the acquisition of projection images over the 
stationary breast to produce cross-sectional digital 
three-dimensional images of the breast.
 If, at any time, the Secretary of the United States 
Department of Health and Human Services, or its successor 
agency, promulgates rules or regulations to be published in 
the Federal Register or publishes a comment in the Federal 
Register or issues an opinion, guidance, or other action that 
would require the State, pursuant to any provision of the 
Patient Protection and Affordable Care Act (Public Law 
111-148), including, but not limited to, 42 U.S.C. 
18031(d)(3)(B) or any successor provision, to defray the cost 
of any coverage for breast tomosynthesis outlined in this 
paragraph, then the requirement that an insurer cover breast 
tomosynthesis is inoperative other than any such coverage 
authorized under Section 1902 of the Social Security Act, 42 
U.S.C. 1396a, and the State shall not assume any obligation 
for the cost of coverage for breast tomosynthesis set forth in 
this paragraph.

 On and after January 1, 2016, the Department shall ensure 
that all networks of care for adult clients of the Department 
include access to at least one breast imaging Center of 
Imaging Excellence as certified by the American College of 
Radiology.
 On and after January 1, 2012, providers participating in a 
quality improvement program approved by the Department shall 
be reimbursed for screening and diagnostic mammography at the 
same rate as the Medicare program's rates, including the 
increased reimbursement for digital mammography.
 The Department shall convene an expert panel including 
representatives of hospitals, free-standing mammography 
facilities, and doctors, including radiologists, to establish 
quality standards for mammography.
 On and after January 1, 2017, providers participating in a 
breast cancer treatment quality improvement program approved 
by the Department shall be reimbursed for breast cancer 
treatment at a rate that is no lower than 95% of the Medicare 
program's rates for the data elements included in the breast 
cancer treatment quality program.
 The Department shall convene an expert panel, including 
representatives of hospitals, free-standing breast cancer 
treatment centers, breast cancer quality organizations, and 
doctors, including breast surgeons, reconstructive breast 
surgeons, oncologists, and primary care providers to establish 
quality standards for breast cancer treatment.
 Subject to federal approval, the Department shall 
establish a rate methodology for mammography at federally 
qualified health centers and other encounter-rate clinics. 
These clinics or centers may also collaborate with other 
hospital-based mammography facilities. By January 1, 2016, the 
Department shall report to the General Assembly on the status 
of the provision set forth in this paragraph.
 The Department shall establish a methodology to remind 
individuals who are age-appropriate for screening mammography, 
but who have not received a mammogram within the previous 18 
months, of the importance and benefit of screening 
mammography. The Department shall work with experts in breast 
cancer outreach and patient navigation to optimize these 
reminders and shall establish a methodology for evaluating 
their effectiveness and modifying the methodology based on the 
evaluation.
 The Department shall establish a performance goal for 
primary care providers with respect to their female patients 
over age 40 receiving an annual mammogram. This performance 
goal shall be used to provide additional reimbursement in the 
form of a quality performance bonus to primary care providers 
who meet that goal.
 The Department shall devise a means of case-managing or 
patient navigation for beneficiaries diagnosed with breast 
cancer. This program shall initially operate as a pilot 
program in areas of the State with the highest incidence of 
mortality related to breast cancer. At least one pilot program 
site shall be in the metropolitan Chicago area and at least one 
site shall be outside the metropolitan Chicago area. On or 
after July 1, 2016, the pilot program shall be expanded to 
include one site in western Illinois, one site in southern 
Illinois, one site in central Illinois, and 4 sites within 
metropolitan Chicago. An evaluation of the pilot program shall 
be carried out measuring health outcomes and cost of care for 
those served by the pilot program compared to similarly 
situated patients who are not served by the pilot program. 
 The Department shall require all networks of care to 
develop a means either internally or by contract with experts 
in navigation and community outreach to navigate cancer 
patients to comprehensive care in a timely fashion. The 
Department shall require all networks of care to include 
access for patients diagnosed with cancer to at least one 
academic commission on cancer-accredited cancer program as an 
in-network covered benefit.
 On or after July 1, 2022, individuals who are otherwise 
eligible for medical assistance under this Article shall 
receive coverage for perinatal depression screenings for the 
12-month period beginning on the last day of their pregnancy. 
Medical assistance coverage under this paragraph shall be 
conditioned on the use of a screening instrument approved by 
the Department.
 Any medical or health care provider shall immediately 
recommend, to
any pregnant individual who is being provided 
prenatal services and is suspected
of having a substance use 
disorder as defined in the Substance Use Disorder Act, 
referral to a local substance use disorder treatment program 
licensed by the Department of Human Services or to a licensed

hospital which provides substance abuse treatment services. 
The Department of Healthcare and Family Services
shall assure 
coverage for the cost of treatment of the drug abuse or

addiction for pregnant recipients in accordance with the 
Illinois Medicaid
Program in conjunction with the Department 
of Human Services.


 All medical providers providing medical assistance to 
pregnant individuals
under this Code shall receive information 
from the Department on the
availability of services under any

program providing case management services for addicted 
individuals,
including information on appropriate referrals 
for other social services
that may be needed by addicted 
individuals in addition to treatment for addiction.


 The Illinois Department, in cooperation with the 
Departments of Human
Services (as successor to the Department 
of Alcoholism and Substance
Abuse) and Public Health, through 
a public awareness campaign, may
provide information 
concerning treatment for alcoholism and drug abuse and

addiction, prenatal health care, and other pertinent programs 
directed at
reducing the number of drug-affected infants born 
to recipients of medical
assistance.


 Neither the Department of Healthcare and Family Services 
nor the Department of Human
Services shall sanction the 
recipient solely on the basis of the recipient's
substance 
abuse.


 The Illinois Department shall establish such regulations 
governing
the dispensing of health services under this Article 
as it shall deem
appropriate. The Department
should
seek the 
advice of formal professional advisory committees appointed by

the Director of the Illinois Department for the purpose of 
providing regular
advice on policy and administrative matters, 
information dissemination and
educational activities for 
medical and health care providers, and
consistency in 
procedures to the Illinois Department.


 The Illinois Department may develop and contract with 
Partnerships of
medical providers to arrange medical services 
for persons eligible under
Section 5-2 of this Code. 
Implementation of this Section may be by
demonstration 
projects in certain geographic areas. The Partnership shall
be 
represented by a sponsor organization. The Department, by 
rule, shall
develop qualifications for sponsors of 
Partnerships. Nothing in this
Section shall be construed to 
require that the sponsor organization be a
medical 
organization.


 The sponsor must negotiate formal written contracts with 
medical
providers for physician services, inpatient and 
outpatient hospital care,
home health services, treatment for 
alcoholism and substance abuse, and
other services determined 
necessary by the Illinois Department by rule for
delivery by 
Partnerships. Physician services must include prenatal and

obstetrical care. The Illinois Department shall reimburse 
medical services
delivered by Partnership providers to clients 
in target areas according to
provisions of this Article and 
the Illinois Health Finance Reform Act,
except that:


  (1) Physicians participating in a Partnership and 
 providing certain
services, which shall be determined by 
 the Illinois Department, to persons
in areas covered by 
 the Partnership may receive an additional surcharge
for 
 such services.


  (2) The Department may elect to consider and negotiate 
 financial
incentives to encourage the development of 
 Partnerships and the efficient
delivery of medical care.


  (3) Persons receiving medical services through 
 Partnerships may receive
medical and case management 
 services above the level usually offered
through the 
 medical assistance program.


 Medical providers shall be required to meet certain 
qualifications to
participate in Partnerships to ensure the 
delivery of high quality medical
services. These 
qualifications shall be determined by rule of the Illinois

Department and may be higher than qualifications for 
participation in the
medical assistance program. Partnership 
sponsors may prescribe reasonable
additional qualifications 
for participation by medical providers, only with
the prior 
written approval of the Illinois Department.


 Nothing in this Section shall limit the free choice of 
practitioners,
hospitals, and other providers of medical 
services by clients.
In order to ensure patient freedom of 
choice, the Illinois Department shall
immediately promulgate 
all rules and take all other necessary actions so that

provided services may be accessed from therapeutically 
certified optometrists
to the full extent of the Illinois 
Optometric Practice Act of 1987 without
discriminating between 
service providers.


 The Department shall apply for a waiver from the United 
States Health
Care Financing Administration to allow for the 
implementation of
Partnerships under this Section.


 The Illinois Department shall require health care 
providers to maintain
records that document the medical care 
and services provided to recipients
of Medical Assistance 
under this Article. Such records must be retained for a period 
of not less than 6 years from the date of service or as 
provided by applicable State law, whichever period is longer, 
except that if an audit is initiated within the required 
retention period then the records must be retained until the 
audit is completed and every exception is resolved. The 
Illinois Department shall
require health care providers to 
make available, when authorized by the
patient, in writing, 
the medical records in a timely fashion to other
health care 
providers who are treating or serving persons eligible for

Medical Assistance under this Article. All dispensers of 
medical services
shall be required to maintain and retain 
business and professional records
sufficient to fully and 
accurately document the nature, scope, details and
receipt of 
the health care provided to persons eligible for medical

assistance under this Code, in accordance with regulations 
promulgated by
the Illinois Department. The rules and 
regulations shall require that proof
of the receipt of 
prescription drugs, dentures, prosthetic devices and

eyeglasses by eligible persons under this Section accompany 
each claim
for reimbursement submitted by the dispenser of 
such medical services.
No such claims for reimbursement shall 
be approved for payment by the Illinois
Department without 
such proof of receipt, unless the Illinois Department
shall 
have put into effect and shall be operating a system of 
post-payment
audit and review which shall, on a sampling 
basis, be deemed adequate by
the Illinois Department to assure 
that such drugs, dentures, prosthetic
devices and eyeglasses 
for which payment is being made are actually being
received by 
eligible recipients. Within 90 days after September 16, 1984 
(the effective date of Public Act 83-1439), the Illinois 
Department shall establish a
current list of acquisition costs 
for all prosthetic devices and any
other items recognized as 
medical equipment and supplies reimbursable under
this Article 
and shall update such list on a quarterly basis, except that

the acquisition costs of all prescription drugs shall be 
updated no
less frequently than every 30 days as required by 
Section 5-5.12.


 Notwithstanding any other law to the contrary, the 
Illinois Department shall, within 365 days after July 22, 2013 
(the effective date of Public Act 98-104), establish 
procedures to permit skilled care facilities licensed under 
the Nursing Home Care Act to submit monthly billing claims for 
reimbursement purposes. Following development of these 
procedures, the Department shall, by July 1, 2016, test the 
viability of the new system and implement any necessary 
operational or structural changes to its information 
technology platforms in order to allow for the direct 
acceptance and payment of nursing home claims. 
 Notwithstanding any other law to the contrary, the 
Illinois Department shall, within 365 days after August 15, 
2014 (the effective date of Public Act 98-963), establish 
procedures to permit ID/DD facilities licensed under the ID/DD 
Community Care Act and MC/DD facilities licensed under the 
MC/DD Act to submit monthly billing claims for reimbursement 
purposes. Following development of these procedures, the 
Department shall have an additional 365 days to test the 
viability of the new system and to ensure that any necessary 
operational or structural changes to its information 
technology platforms are implemented. 
 The Illinois Department shall require all dispensers of 
medical
services, other than an individual practitioner or 
group of practitioners,
desiring to participate in the Medical 
Assistance program
established under this Article to disclose 
all financial, beneficial,
ownership, equity, surety or other 
interests in any and all firms,
corporations, partnerships, 
associations, business enterprises, joint
ventures, agencies, 
institutions or other legal entities providing any
form of 
health care services in this State under this Article.


 The Illinois Department may require that all dispensers of 
medical
services desiring to participate in the medical 
assistance program
established under this Article disclose, 
under such terms and conditions as
the Illinois Department may 
by rule establish, all inquiries from clients
and attorneys 
regarding medical bills paid by the Illinois Department, which

inquiries could indicate potential existence of claims or 
liens for the
Illinois Department.


 Enrollment of a vendor
shall be
subject to a provisional 
period and shall be conditional for one year. During the 
period of conditional enrollment, the Department may
terminate 
the vendor's eligibility to participate in, or may disenroll 
the vendor from, the medical assistance
program without cause. 
Unless otherwise specified, such termination of eligibility or 
disenrollment is not subject to the
Department's hearing 
process.
However, a disenrolled vendor may reapply without 
penalty. 

 The Department has the discretion to limit the conditional 
enrollment period for vendors based upon category of risk of 
the vendor.
 Prior to enrollment and during the conditional enrollment 
period in the medical assistance program, all vendors shall be 
subject to enhanced oversight, screening, and review based on 
the risk of fraud, waste, and abuse that is posed by the 
category of risk of the vendor. The Illinois Department shall 
establish the procedures for oversight, screening, and review, 
which may include, but need not be limited to: criminal and 
financial background checks; fingerprinting; license, 
certification, and authorization verifications; unscheduled or 
unannounced site visits; database checks; prepayment audit 
reviews; audits; payment caps; payment suspensions; and other 
screening as required by federal or State law.
 The Department shall define or specify the following: (i) 
by provider notice, the "category of risk of the vendor" for 
each type of vendor, which shall take into account the level of 
screening applicable to a particular category of vendor under 
federal law and regulations; (ii) by rule or provider notice, 
the maximum length of the conditional enrollment period for 
each category of risk of the vendor; and (iii) by rule, the 
hearing rights, if any, afforded to a vendor in each category 
of risk of the vendor that is terminated or disenrolled during 
the conditional enrollment period. 
 To be eligible for payment consideration, a vendor's 
payment claim or bill, either as an initial claim or as a 
resubmitted claim following prior rejection, must be received 
by the Illinois Department, or its fiscal intermediary, no 
later than 180 days after the latest date on the claim on which 
medical goods or services were provided, with the following 
exceptions:
  (1) In the case of a provider whose enrollment is in 
 process by the Illinois Department, the 180-day period 
 shall not begin until the date on the written notice from 
 the Illinois Department that the provider enrollment is 
 complete.
  (2) In the case of errors attributable to the Illinois 
 Department or any of its claims processing intermediaries 
 which result in an inability to receive, process, or 
 adjudicate a claim, the 180-day period shall not begin 
 until the provider has been notified of the error.
  (3) In the case of a provider for whom the Illinois 
 Department initiates the monthly billing process.
  (4) In the case of a provider operated by a unit of 
 local government with a population exceeding 3,000,000 
 when local government funds finance federal participation 
 for claims payments. 
 For claims for services rendered during a period for which 
a recipient received retroactive eligibility, claims must be 
filed within 180 days after the Department determines the 
applicant is eligible. For claims for which the Illinois 
Department is not the primary payer, claims must be submitted 
to the Illinois Department within 180 days after the final 
adjudication by the primary payer.
 In the case of long term care facilities, within 120 
calendar days of receipt by the facility of required 
prescreening information, new admissions with associated 
admission documents shall be submitted through the Medical 
Electronic Data Interchange (MEDI) or the Recipient 
Eligibility Verification (REV) System or shall be submitted 
directly to the Department of Human Services using required 
admission forms. Effective September
1, 2014, admission 
documents, including all prescreening
information, must be 
submitted through MEDI or REV. Confirmation numbers assigned 
to an accepted transaction shall be retained by a facility to 
verify timely submittal. Once an admission transaction has 
been completed, all resubmitted claims following prior 
rejection are subject to receipt no later than 180 days after 
the admission transaction has been completed.
 Claims that are not submitted and received in compliance 
with the foregoing requirements shall not be eligible for 
payment under the medical assistance program, and the State 
shall have no liability for payment of those claims.
 To the extent consistent with applicable information and 
privacy, security, and disclosure laws, State and federal 
agencies and departments shall provide the Illinois Department 
access to confidential and other information and data 
necessary to perform eligibility and payment verifications and 
other Illinois Department functions. This includes, but is not 
limited to: information pertaining to licensure; 
certification; earnings; immigration status; citizenship; wage 
reporting; unearned and earned income; pension income; 
employment; supplemental security income; social security 
numbers; National Provider Identifier (NPI) numbers; the 
National Practitioner Data Bank (NPDB); program and agency 
exclusions; taxpayer identification numbers; tax delinquency; 
corporate information; and death records.
 The Illinois Department shall enter into agreements with 
State agencies and departments, and is authorized to enter 
into agreements with federal agencies and departments, under 
which such agencies and departments shall share data necessary 
for medical assistance program integrity functions and 
oversight. The Illinois Department shall develop, in 
cooperation with other State departments and agencies, and in 
compliance with applicable federal laws and regulations, 
appropriate and effective methods to share such data. At a 
minimum, and to the extent necessary to provide data sharing, 
the Illinois Department shall enter into agreements with State 
agencies and departments, and is authorized to enter into 
agreements with federal agencies and departments, including, 
but not limited to: the Secretary of State; the Department of 
Revenue; the Department of Public Health; the Department of 
Human Services; and the Department of Financial and 
Professional Regulation.
 Beginning in fiscal year 2013, the Illinois Department 
shall set forth a request for information to identify the 
benefits of a pre-payment, post-adjudication, and post-edit 
claims system with the goals of streamlining claims processing 
and provider reimbursement, reducing the number of pending or 
rejected claims, and helping to ensure a more transparent 
adjudication process through the utilization of: (i) provider 
data verification and provider screening technology; and (ii) 
clinical code editing; and (iii) pre-pay, pre- or 
post-adjudicated predictive modeling with an integrated case 
management system with link analysis. Such a request for 
information shall not be considered as a request for proposal 
or as an obligation on the part of the Illinois Department to 
take any action or acquire any products or services. 
 The Illinois Department shall establish policies, 
procedures,
standards and criteria by rule for the 
acquisition, repair and replacement
of orthotic and prosthetic 
devices and durable medical equipment. Such
rules shall 
provide, but not be limited to, the following services: (1)

immediate repair or replacement of such devices by recipients; 
and (2) rental, lease, purchase or lease-purchase of
durable 
medical equipment in a cost-effective manner, taking into

consideration the recipient's medical prognosis, the extent of 
the
recipient's needs, and the requirements and costs for 
maintaining such
equipment. Subject to prior approval, such 
rules shall enable a recipient to temporarily acquire and
use 
alternative or substitute devices or equipment pending repairs 
or
replacements of any device or equipment previously 
authorized for such
recipient by the Department. 
Notwithstanding any provision of Section 5-5f to the contrary, 
the Department may, by rule, exempt certain replacement 
wheelchair parts from prior approval and, for wheelchairs, 
wheelchair parts, wheelchair accessories, and related seating 
and positioning items, determine the wholesale price by 
methods other than actual acquisition costs.
 The Department shall require, by rule, all providers of 
durable medical equipment to be accredited by an accreditation 
organization approved by the federal Centers for Medicare and 
Medicaid Services and recognized by the Department in order to 
bill the Department for providing durable medical equipment to 
recipients. No later than 15 months after the effective date 
of the rule adopted pursuant to this paragraph, all providers 
must meet the accreditation requirement.

 In order to promote environmental responsibility, meet the 
needs of recipients and enrollees, and achieve significant 
cost savings, the Department, or a managed care organization 
under contract with the Department, may provide recipients or 
managed care enrollees who have a prescription or Certificate 
of Medical Necessity access to refurbished durable medical 
equipment under this Section (excluding prosthetic and 
orthotic devices as defined in the Orthotics, Prosthetics, and 
Pedorthics Practice Act and complex rehabilitation technology 
products and associated services) through the State's 
assistive technology program's reutilization program, using 
staff with the Assistive Technology Professional (ATP) 
Certification if the refurbished durable medical equipment: 
(i) is available; (ii) is less expensive, including shipping 
costs, than new durable medical equipment of the same type; 
(iii) is able to withstand at least 3 years of use; (iv) is 
cleaned, disinfected, sterilized, and safe in accordance with 
federal Food and Drug Administration regulations and guidance 
governing the reprocessing of medical devices in health care 
settings; and (v) equally meets the needs of the recipient or 
enrollee. The reutilization program shall confirm that the 
recipient or enrollee is not already in receipt of the same or 
similar equipment from another service provider, and that the 
refurbished durable medical equipment equally meets the needs 
of the recipient or enrollee. Nothing in this paragraph shall 
be construed to limit recipient or enrollee choice to obtain 
new durable medical equipment or place any additional prior 
authorization conditions on enrollees of managed care 
organizations. 
 The Department shall execute, relative to the nursing home 
prescreening
project, written inter-agency agreements with the 
Department of Human
Services and the Department on Aging, to 
effect the following: (i) intake
procedures and common 
eligibility criteria for those persons who are receiving

non-institutional services; and (ii) the establishment and 
development of
non-institutional services in areas of the 
State where they are not currently
available or are 
undeveloped; and (iii) notwithstanding any other provision of 
law, subject to federal approval, on and after July 1, 2012, an 
increase in the determination of need (DON) scores from 29 to 
37 for applicants for institutional and home and 
community-based long term care; if and only if federal 
approval is not granted, the Department may, in conjunction 
with other affected agencies, implement utilization controls 
or changes in benefit packages to effectuate a similar savings 
amount for this population; and (iv) no later than July 1, 
2013, minimum level of care eligibility criteria for 
institutional and home and community-based long term care; and 
(v) no later than October 1, 2013, establish procedures to 
permit long term care providers access to eligibility scores 
for individuals with an admission date who are seeking or 
receiving services from the long term care provider. In order 
to select the minimum level of care eligibility criteria, the 
Governor shall establish a workgroup that includes affected 
agency representatives and stakeholders representing the 
institutional and home and community-based long term care 
interests. This Section shall not restrict the Department from 
implementing lower level of care eligibility criteria for 
community-based services in circumstances where federal 
approval has been granted.


 The Illinois Department shall develop and operate, in 
cooperation
with other State Departments and agencies and in 
compliance with
applicable federal laws and regulations, 
appropriate and effective
systems of health care evaluation 
and programs for monitoring of
utilization of health care 
services and facilities, as it affects
persons eligible for 
medical assistance under this Code.


 The Illinois Department shall report annually to the 
General Assembly,
no later than the second Friday in April of 
1979 and each year
thereafter, in regard to:


  (a) actual statistics and trends in utilization of 
 medical services by
public aid recipients;


  (b) actual statistics and trends in the provision of 
 the various medical
services by medical vendors;


  (c) current rate structures and proposed changes in 
 those rate structures
for the various medical vendors; and


  (d) efforts at utilization review and control by the 
 Illinois Department.


 The period covered by each report shall be the 3 years 
ending on the June
30 prior to the report. The report shall 
include suggested legislation
for consideration by the General 
Assembly. The requirement for reporting to the General 
Assembly shall be satisfied
by filing copies of the report as 
required by Section 3.1 of the General Assembly Organization 
Act, and filing such additional
copies
with the State 
Government Report Distribution Center for the General
Assembly 
as is required under paragraph (t) of Section 7 of the State

Library Act.


 Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
 On and after July 1, 2012, the Department shall reduce any 
rate of reimbursement for services or other payments or alter 
any methodologies authorized by this Code to reduce any rate 
of reimbursement for services or other payments in accordance 
with Section 5-5e. 
 Because kidney transplantation can be an appropriate, 
cost-effective
alternative to renal dialysis when medically 
necessary and notwithstanding the provisions of Section 1-11 
of this Code, beginning October 1, 2014, the Department shall 
cover kidney transplantation for noncitizens with end-stage 
renal disease who are not eligible for comprehensive medical 
benefits, who meet the residency requirements of Section 5-3 
of this Code, and who would otherwise meet the financial 
requirements of the appropriate class of eligible persons 
under Section 5-2 of this Code. To qualify for coverage of 
kidney transplantation, such person must be receiving 
emergency renal dialysis services covered by the Department. 
Providers under this Section shall be prior approved and 
certified by the Department to perform kidney transplantation 
and the services under this Section shall be limited to 
services associated with kidney transplantation. 
 Notwithstanding any other provision of this Code to the 
contrary, on or after July 1, 2015, all FDA approved forms of 
medication assisted treatment prescribed for the treatment of 
alcohol dependence or treatment of opioid dependence shall be 
covered under both fee for service and managed care medical 
assistance programs for persons who are otherwise eligible for 
medical assistance under this Article and shall not be subject 
to any (1) utilization control, other than those established 
under the American Society of Addiction Medicine patient 
placement criteria,
(2) prior authorization mandate, or (3) 
lifetime restriction limit
mandate. 
 On or after July 1, 2015, opioid antagonists prescribed 
for the treatment of an opioid overdose, including the 
medication product, administration devices, and any pharmacy 
fees or hospital fees related to the dispensing, distribution, 
and administration of the opioid antagonist, shall be covered 
under the medical assistance program for persons who are 
otherwise eligible for medical assistance under this Article. 
As used in this Section, "opioid antagonist" means a drug that 
binds to opioid receptors and blocks or inhibits the effect of 
opioids acting on those receptors, including, but not limited 
to, naloxone hydrochloride or any other similarly acting drug 
approved by the U.S. Food and Drug Administration.
 Upon federal approval, the Department shall provide 
coverage and reimbursement for all drugs that are approved for 
marketing by the federal Food and Drug Administration and that 
are recommended by the federal Public Health Service or the 
United States Centers for Disease Control and Prevention for 
pre-exposure prophylaxis and related pre-exposure prophylaxis 
services, including, but not limited to, HIV and sexually 
transmitted infection screening, treatment for sexually 
transmitted infections, medical monitoring, assorted labs, and 
counseling to reduce the likelihood of HIV infection among 
individuals who are not infected with HIV but who are at high 
risk of HIV infection.
 A federally qualified health center, as defined in Section 
1905(l)(2)(B) of the federal
Social Security Act, shall be 
reimbursed by the Department in accordance with the federally 
qualified health center's encounter rate for services provided 
to medical assistance recipients that are performed by a 
dental hygienist, as defined under the Illinois Dental 
Practice Act, working under the general supervision of a 
dentist and employed by a federally qualified health center. 
 Within 90 days after October 8, 2021 (the effective date 
of Public Act 102-665) this amendatory Act of the 102nd 
General Assembly, the Department shall seek federal approval 
of a State Plan amendment to expand coverage for family 
planning services that includes presumptive eligibility to 
individuals whose income is at or below 208% of the federal 
poverty level. Coverage under this Section shall be effective 
beginning no later than December 1, 2022.
 Subject to approval by the federal Centers for Medicare 
and Medicaid Services of a Title XIX State Plan amendment 
electing the Program of All-Inclusive Care for the Elderly 
(PACE) as a State Medicaid option, as provided for by Subtitle 
I (commencing with Section 4801) of Title IV of the Balanced 
Budget Act of 1997 (Public Law 105-33) and Part 460 
(commencing with Section 460.2) of Subchapter E of Title 42 of 
the Code of Federal Regulations, PACE program services shall 
become a covered benefit of the medical assistance program, 
subject to criteria established in accordance with all 
applicable laws.
 Notwithstanding any other provision of this Code, 
community-based pediatric palliative care from a trained 
interdisciplinary team shall be covered under the medical 
assistance program as provided in Section 15 of the Pediatric 
Palliative
Care Act.
(Source: P.A. 101-209, eff. 8-5-19; 101-580, eff. 1-1-20; 
102-43, Article 30, Section 30-5, eff. 7-6-21; 102-43, Article 
35, Section 35-5, eff. 7-6-21; 102-43, Article 55, Section 
55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123, eff. 1-1-22; 
102-558, eff. 8-20-21; 102-598, eff. 1-1-22; 102-655, eff. 
1-1-22; 102-665, eff. 10-8-21; revised 11-18-21.)

 (305 ILCS 5/5-5.12d)
 Sec. 5-5.12d. Coverage for patient care services for 
hormonal contraceptives provided by a pharmacist.
 (a) Subject to approval by the federal Centers for 
Medicare and Medicaid Services, the medical assistance 
program, including both the fee-for-service and managed care 
medical assistance programs established under this Article, 
shall cover patient care services provided by a pharmacist for 
hormonal contraceptives assessment and consultation.
 (b) The Department shall establish a fee schedule for 
patient care services provided by a pharmacist for hormonal 
contraceptives assessment and consultation.
 (c) The rate of reimbursement for patient care services 
provided by a pharmacist for hormonal contraceptives 
assessment and consultation shall be at 85% of the fee 
schedule for physician services by the medical assistance 
program.
 (d) A pharmacist must be enrolled in the medical 
assistance program as an ordering and referring provider prior 
to providing hormonal contraceptives assessment and 
consultation that is submitted by a pharmacy or pharmacist 
provider for reimbursement pursuant to this Section.
 (e) The Department shall apply for any necessary federal 
waivers or approvals to implement this Section by January 1, 
2022.
 (f) This Section does not restrict or prohibit any 
services currently provided by pharmacists as authorized by 
law, including, but not limited to, pharmacist services 
provided under this Code or authorized under the Illinois 
Title XIX State Plan.
 (g) The Department shall submit to the Joint Committee on 
Administrative Rules administrative rules for this Section as 
soon as practicable but no later than 6 months after federal 
approval is received.

(Source: P.A. 102-103, eff. 1-1-22.)



 (305 ILCS 5/5-5.12e)


 Sec. 5-5.12e 5-5.12d. Managed care organization prior 
authorization of health care services.
 (a) As used in this Section, "health care service" has the 
meaning given to that term in the Prior Authorization Reform 
Act.
 (b) Notwithstanding any other provision of law to the 
contrary, all managed care organizations shall comply with the 
requirements of the Prior Authorization Reform Act.

(Source: P.A. 102-409, eff. 1-1-22; revised 11-10-21.)




 (305 ILCS 5/5-5f)


 Sec. 5-5f. Elimination and limitations of medical 
assistance services. Notwithstanding any other provision of 
this Code to the contrary, on and after July 1, 2012:
  (a) The following service shall no longer be a covered 
 service available under this Code: group psychotherapy for 
 residents of any facility licensed under the Nursing Home 
 Care Act or the Specialized Mental Health Rehabilitation 
 Act of 2013. 
  (b) The Department shall place the following 
 limitations on services: (i) the Department shall limit 
 adult eyeglasses to one pair every 2 years; however, the 
 limitation does not apply to an individual who needs 
 different eyeglasses following a surgical procedure such 
 as cataract surgery; (ii) the Department shall set an 
 annual limit of a maximum of 20 visits for each of the 
 following services: adult speech, hearing, and language 
 therapy services, adult occupational therapy services, and 
 physical therapy services; on or after October 1, 2014, 
 the annual maximum limit of 20 visits shall expire but the 
 Department may require prior approval for all individuals 
 for speech, hearing, and language therapy services, 
 occupational therapy services, and physical therapy 
 services; (iii) the Department shall limit adult podiatry 
 services to individuals with diabetes; on or after October 
 1, 2014, podiatry services shall not be limited to 
 individuals with diabetes; (iv) the Department shall pay 
 for caesarean sections at the normal vaginal delivery rate 
 unless a caesarean section was medically necessary; (v) 
 the Department shall limit adult dental services to 
 emergencies; beginning July 1, 2013, the Department shall 
 ensure that the following conditions are recognized as 
 emergencies: (A) dental services necessary for an 
 individual in order for the individual to be cleared for a 
 medical procedure, such as a transplant;
(B) extractions 
 and dentures necessary for a diabetic to receive proper 
 nutrition;
(C) extractions and dentures necessary as a 
 result of cancer treatment; and (D) dental services 
 necessary for the health of a pregnant woman prior to 
 delivery of her baby; on or after July 1, 2014, adult 
 dental services shall no longer be limited to emergencies, 
 and dental services necessary for the health of a pregnant 
 woman prior to delivery of her baby shall continue to be 
 covered; and (vi) effective July 1, 2012 through June 30, 
 2021, the Department shall place limitations and require 
 concurrent review on every inpatient detoxification stay 
 to prevent repeat admissions to any hospital for 
 detoxification within 60 days of a previous inpatient 
 detoxification stay. The Department shall convene a 
 workgroup of hospitals, substance abuse providers, care 
 coordination entities, managed care plans, and other 
 stakeholders to develop recommendations for quality 
 standards, diversion to other settings, and admission 
 criteria for patients who need inpatient detoxification, 
 which shall be published on the Department's website no 
 later than September 1, 2013. 
  (c) The Department shall require prior approval of the 
 following services: wheelchair repairs costing more than 
 $750, coronary artery bypass graft, and bariatric surgery 
 consistent with Medicare standards concerning patient 
 responsibility. Wheelchair repair prior approval requests 
 shall be adjudicated within one business day of receipt of 
 complete supporting documentation. Providers may not break 
 wheelchair repairs into separate claims for purposes of 
 staying under the $750 threshold for requiring prior 
 approval. The wholesale price of manual and power 
 wheelchairs, durable medical equipment and supplies, and 
 complex rehabilitation technology products and services 
 shall be defined as actual acquisition cost including all 
 discounts. 
  (d) The Department shall establish benchmarks for 
 hospitals to measure and align payments to reduce 
 potentially preventable hospital readmissions, inpatient 
 complications, and unnecessary emergency room visits. In 
 doing so, the Department shall consider items, including, 
 but not limited to, historic and current acuity of care 
 and historic and current trends in readmission. The 
 Department shall publish provider-specific historical 
 readmission data and anticipated potentially preventable 
 targets 60 days prior to the start of the program. In the 
 instance of readmissions, the Department shall adopt 
 policies and rates of reimbursement for services and other 
 payments provided under this Code to ensure that, by June 
 30, 2013, expenditures to hospitals are reduced by, at a 
 minimum, $40,000,000. 
  (e) The Department shall establish utilization 
 controls for the hospice program such that it shall not 
 pay for other care services when an individual is in 
 hospice. 
  (f) For home health services, the Department shall 
 require Medicare certification of providers participating 
 in the program and implement the Medicare face-to-face 
 encounter rule. The Department shall require providers to 
 implement auditable electronic service verification based 
 on global positioning systems or other cost-effective 
 technology. 
  (g) For the Home Services Program operated by the 
 Department of Human Services and the Community Care 
 Program operated by the Department on Aging, the 
 Department of Human Services, in cooperation with the 
 Department on Aging, shall implement an electronic service 
 verification based on global positioning systems or other 
 cost-effective technology. 
  (h) Effective with inpatient hospital admissions on or 
 after July 1, 2012, the Department shall reduce the 
 payment for a claim that indicates the occurrence of a 
 provider-preventable condition during the admission as 
 specified by the Department in rules. The Department shall 
 not pay for services related to an other 
 provider-preventable condition.
  As used in this subsection (h):
  "Provider-preventable condition" means a health care 
 acquired condition as defined under the federal Medicaid 
 regulation found at 42 CFR 447.26 or an other 
 provider-preventable condition.
  "Other provider-preventable condition" means a wrong 
 surgical or other invasive procedure performed on a 
 patient, a surgical or other invasive procedure performed 
 on the wrong body part, or a surgical procedure or other 
 invasive procedure performed on the wrong patient. 
  (i) The Department shall implement cost savings 
 initiatives for advanced imaging services, cardiac imaging 
 services, pain management services, and back surgery. Such 
 initiatives shall be designed to achieve annual costs 
 savings. 

  (j) The Department shall ensure that beneficiaries 
 with a diagnosis of epilepsy or seizure disorder in 
 Department records will not require prior approval for 
 anticonvulsants. 
(Source: P.A. 101-209, eff. 8-5-19; 102-43, Article 5, Section 
5-5, eff. 7-6-21; 102-43, Article 30, Section 30-5, eff. 
7-6-21; 102-43, Article 80, Section 80-5, eff. 7-6-21; revised 
7-15-21.)



 (305 ILCS 5/5-16.8)


 Sec. 5-16.8. Required health benefits. The medical 
assistance program
shall
(i) provide the post-mastectomy care 
benefits required to be covered by a policy of
accident and 
health insurance under Section 356t and the coverage required

under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6, 
356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46, 
356z.47, and 356z.51 and 356z.43 of the Illinois
Insurance 
Code, (ii) be subject to the provisions of Sections 356z.19, 
356z.43, 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the 
Illinois
Insurance Code, and (iii) be subject to the 
provisions of subsection (d-5) of Section 10 of the Network 
Adequacy and Transparency Act.

 The Department, by rule, shall adopt a model similar to 
the requirements of Section 356z.39 of the Illinois Insurance 
Code. 
 On and after July 1, 2012, the Department shall reduce any 
rate of reimbursement for services or other payments or alter 
any methodologies authorized by this Code to reduce any rate 
of reimbursement for services or other payments in accordance 
with Section 5-5e. 
 To ensure full access to the benefits set forth in this 
Section, on and after January 1, 2016, the Department shall 
ensure that provider and hospital reimbursement for 
post-mastectomy care benefits required under this Section are 
no lower than the Medicare reimbursement rate. 
(Source: P.A. 101-81, eff. 7-12-19; 101-218, eff. 1-1-20; 
101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-574, eff. 
1-1-20; 101-649, eff. 7-7-20; 102-30, eff. 1-1-22; 102-144, 
eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 
102-530, eff. 1-1-22; 102-642, eff. 1-1-22; revised 10-27-21.)


 (305 ILCS 5/5-30.1)
 Sec. 5-30.1. Managed care protections.
 (a) As used in this Section:
 "Managed care organization" or "MCO" means any entity 
which contracts with the Department to provide services where 
payment for medical services is made on a capitated basis.
 "Emergency services" include:
  (1) emergency services, as defined by Section 10 of 
 the Managed Care Reform and Patient Rights Act;
  (2) emergency medical screening examinations, as 
 defined by Section 10 of the Managed Care Reform and 
 Patient Rights Act;
  (3) post-stabilization medical services, as defined by 
 Section 10 of the Managed Care Reform and Patient Rights 
 Act; and
  (4) emergency medical conditions, as defined by

 Section 10 of the Managed Care Reform and Patient Rights

 Act. 
 (b) As provided by Section 5-16.12, managed care 
organizations are subject to the provisions of the Managed 
Care Reform and Patient Rights Act.
 (c) An MCO shall pay any provider of emergency services 
that does not have in effect a contract with the contracted 
Medicaid MCO. The default rate of reimbursement shall be the 
rate paid under Illinois Medicaid fee-for-service program 
methodology, including all policy adjusters, including but not 
limited to Medicaid High Volume Adjustments, Medicaid 
Percentage Adjustments, Outpatient High Volume Adjustments, 
and all outlier add-on adjustments to the extent such 
adjustments are incorporated in the development of the 
applicable MCO capitated rates.
 (d) An MCO shall pay for all post-stabilization services 
as a covered service in any of the following situations:
  (1) the MCO authorized such services;
  (2) such services were administered to maintain the 
 enrollee's stabilized condition within one hour after a 
 request to the MCO for authorization of further 
 post-stabilization services;
  (3) the MCO did not respond to a request to authorize 
 such services within one hour;
  (4) the MCO could not be contacted; or
  (5) the MCO and the treating provider, if the treating 
 provider is a non-affiliated provider, could not reach an 
 agreement concerning the enrollee's care and an affiliated 
 provider was unavailable for a consultation, in which case 
 the MCO
must pay for such services rendered by the 
 treating non-affiliated provider until an affiliated 
 provider was reached and either concurred with the 
 treating non-affiliated provider's plan of care or assumed 
 responsibility for the enrollee's care. Such payment shall 
 be made at the default rate of reimbursement paid under 
 Illinois Medicaid fee-for-service program methodology, 
 including all policy adjusters, including but not limited 
 to Medicaid High Volume Adjustments, Medicaid Percentage 
 Adjustments, Outpatient High Volume Adjustments and all 
 outlier add-on adjustments to the extent that such 
 adjustments are incorporated in the development of the 
 applicable MCO capitated rates.
 (e) The following requirements apply to MCOs in 
determining payment for all emergency services:
  (1) MCOs shall not impose any requirements for prior 
 approval of emergency services.
  (2) The MCO shall cover emergency services provided to 
 enrollees who are temporarily away from their residence 
 and outside the contracting area to the extent that the 
 enrollees would be entitled to the emergency services if 
 they still were within the contracting area.
  (3) The MCO shall have no obligation to cover medical 
 services provided on an emergency basis that are not 
 covered services under the contract.
  (4) The MCO shall not condition coverage for emergency 
 services on the treating provider notifying the MCO of the 
 enrollee's screening and treatment within 10 days after 
 presentation for emergency services.
  (5) The determination of the attending emergency 
 physician, or the provider actually treating the enrollee, 
 of whether an enrollee is sufficiently stabilized for 
 discharge or transfer to another facility, shall be 
 binding on the MCO. The MCO shall cover emergency services 
 for all enrollees whether the emergency services are 
 provided by an affiliated or non-affiliated provider.
  (6) The MCO's financial responsibility for 
 post-stabilization care services it has not pre-approved 
 ends when: 
   (A) a plan physician with privileges at the 
 treating hospital assumes responsibility for the 
 enrollee's care; 
   (B) a plan physician assumes responsibility for 
 the enrollee's care through transfer; 
   (C) a contracting entity representative and the 
 treating physician reach an agreement concerning the 
 enrollee's care; or 
   (D) the enrollee is discharged. 
 (f) Network adequacy and transparency.
  (1) The Department shall:
   (A) ensure that an adequate provider network is in 
 place, taking into consideration health professional 
 shortage areas and medically underserved areas;
   (B) publicly release an explanation of its process 
 for analyzing network adequacy;
   (C) periodically ensure that an MCO continues to 
 have an adequate network in place;
   (D) require MCOs, including Medicaid Managed Care 
 Entities as defined in Section 5-30.2, to meet 
 provider directory requirements under Section 5-30.3; 
 and
   (E) require MCOs to ensure that any 
 Medicaid-certified provider
under contract with an MCO 
 and previously submitted on a roster on the date of 
 service is
paid for any medically necessary, 
 Medicaid-covered, and authorized service rendered to

 any of the MCO's enrollees, regardless of inclusion on

 the MCO's published and publicly available directory 
 of
available providers; and .
   (F) (E) require MCOs, including Medicaid Managed 
 Care Entities as defined in Section 5-30.2, to meet 
 each of the requirements under subsection (d-5) of 
 Section 10 of the Network Adequacy and Transparency 
 Act; with necessary exceptions to the MCO's network to 
 ensure that admission and treatment with a provider or 
 at a treatment facility in accordance with the network 
 adequacy standards in paragraph (3) of subsection 
 (d-5) of Section 10 of the Network Adequacy and 
 Transparency Act is limited to providers or facilities 
 that are Medicaid certified. 
  (2) Each MCO shall confirm its receipt of information 
 submitted specific to physician or dentist additions or 
 physician or dentist deletions from the MCO's provider 
 network within 3 days after receiving all required 
 information from contracted physicians or dentists, and 
 electronic physician and dental directories must be 
 updated consistent with current rules as published by the 
 Centers for Medicare and Medicaid Services or its 
 successor agency.
 (g) Timely payment of claims.
  (1) The MCO shall pay a claim within 30 days of 
 receiving a claim that contains all the essential 
 information needed to adjudicate the claim.
  (2) The MCO shall notify the billing party of its 
 inability to adjudicate a claim within 30 days of 
 receiving that claim.
  (3) The MCO shall pay a penalty that is at least equal 
 to the timely payment interest penalty imposed under 
 Section 368a of the Illinois Insurance Code for any claims 
 not timely paid.
   (A) When an MCO is required to pay a timely payment 
 interest penalty to a provider, the MCO must calculate 
 and pay the timely payment interest penalty that is 
 due to the provider within 30 days after the payment of 
 the claim. In no event shall a provider be required to 
 request or apply for payment of any owed timely 
 payment interest penalties. 
   (B) Such payments shall be reported separately 
 from the claim payment for services rendered to the 
 MCO's enrollee and clearly identified as interest 
 payments. 
  (4)(A) The Department shall require MCOs to expedite 
 payments to providers identified on the Department's 
 expedited provider list, determined in accordance with 89 
 Ill. Adm. Code 140.71(b), on a schedule at least as 
 frequently as the providers are paid under the 
 Department's fee-for-service expedited provider schedule.
  (B) Compliance with the expedited provider requirement 
 may be satisfied by an MCO through the use of a Periodic 
 Interim Payment (PIP) program that has been mutually 
 agreed to and documented between the MCO and the provider, 
 if the PIP program ensures that any expedited provider 
 receives regular and periodic payments based on prior 
 period payment experience from that MCO. Total payments 
 under the PIP program may be reconciled against future PIP 
 payments on a schedule mutually agreed to between the MCO 
 and the provider.
  (C) The Department shall share at least monthly its 
 expedited provider list and the frequency with which it 
 pays providers on the expedited list.
 (g-5) Recognizing that the rapid transformation of the 
Illinois Medicaid program may have unintended operational 
challenges for both payers and providers:
  (1) in no instance shall a medically necessary covered 
 service rendered in good faith, based upon eligibility 
 information documented by the provider, be denied coverage 
 or diminished in payment amount if the eligibility or 
 coverage information available at the time the service was 
 rendered is later found to be inaccurate in the assignment 
 of coverage responsibility between MCOs or the 
 fee-for-service system, except for instances when an 
 individual is deemed to have not been eligible for 
 coverage under the Illinois Medicaid program; and
  (2) the Department shall, by December 31, 2016, adopt 
 rules establishing policies that shall be included in the 
 Medicaid managed care policy and procedures manual 
 addressing payment resolutions in situations in which a 
 provider renders services based upon information obtained 
 after verifying a patient's eligibility and coverage plan 
 through either the Department's current enrollment system 
 or a system operated by the coverage plan identified by 
 the patient presenting for services:
   (A) such medically necessary covered services 
 shall be considered rendered in good faith;
   (B) such policies and procedures shall be 
 developed in consultation with industry 
 representatives of the Medicaid managed care health 
 plans and representatives of provider associations 
 representing the majority of providers within the 
 identified provider industry; and
   (C) such rules shall be published for a review and 
 comment period of no less than 30 days on the 
 Department's website with final rules remaining 
 available on the Department's website.
  The rules on payment resolutions shall include, but 
 not be limited to:
   (A) the extension of the timely filing period;
   (B) retroactive prior authorizations; and
   (C) guaranteed minimum payment rate of no less 
 than the current, as of the date of service, 
 fee-for-service rate, plus all applicable add-ons, 
 when the resulting service relationship is out of 
 network.
  The rules shall be applicable for both MCO coverage 
 and fee-for-service coverage. 
 If the fee-for-service system is ultimately determined to 
have been responsible for coverage on the date of service, the 
Department shall provide for an extended period for claims 
submission outside the standard timely filing requirements. 
 (g-6) MCO Performance Metrics Report.
  (1) The Department shall publish, on at least a 
 quarterly basis, each MCO's operational performance, 
 including, but not limited to, the following categories of 
 metrics:
   (A) claims payment, including timeliness and 
 accuracy;
   (B) prior authorizations;
   (C) grievance and appeals;
   (D) utilization statistics;
   (E) provider disputes;
   (F) provider credentialing; and
   (G) member and provider customer service. 
  (2) The Department shall ensure that the metrics 
 report is accessible to providers online by January 1, 
 2017.
  (3) The metrics shall be developed in consultation 
 with industry representatives of the Medicaid managed care 
 health plans and representatives of associations 
 representing the majority of providers within the 
 identified industry.
  (4) Metrics shall be defined and incorporated into the 
 applicable Managed Care Policy Manual issued by the 
 Department.
 (g-7) MCO claims processing and performance analysis. In 
order to monitor MCO payments to hospital providers, pursuant 
to Public Act 100-580 this amendatory Act of the 100th General 
Assembly, the Department shall post an analysis of MCO claims 
processing and payment performance on its website every 6 
months. Such analysis shall include a review and evaluation of 
a representative sample of hospital claims that are rejected 
and denied for clean and unclean claims and the top 5 reasons 
for such actions and timeliness of claims adjudication, which 
identifies the percentage of claims adjudicated within 30, 60, 
90, and over 90 days, and the dollar amounts associated with 
those claims.
 (g-8) Dispute resolution process. The Department shall 
maintain a provider complaint portal through which a provider 
can submit to the Department unresolved disputes with an MCO. 
An unresolved dispute means an MCO's decision that denies in 
whole or in part a claim for reimbursement to a provider for 
health care services rendered by the provider to an enrollee 
of the MCO with which the provider disagrees. Disputes shall 
not be submitted to the portal until the provider has availed 
itself of the MCO's internal dispute resolution process. 
Disputes that are submitted to the MCO internal dispute 
resolution process may be submitted to the Department of 
Healthcare and Family Services' complaint portal no sooner 
than 30 days after submitting to the MCO's internal process 
and not later than 30 days after the unsatisfactory resolution 
of the internal MCO process or 60 days after submitting the 
dispute to the MCO internal process. Multiple claim disputes 
involving the same MCO may be submitted in one complaint, 
regardless of whether the claims are for different enrollees, 
when the specific reason for non-payment of the claims 
involves a common question of fact or policy. Within 10 
business days of receipt of a complaint, the Department shall 
present such disputes to the appropriate MCO, which shall then 
have 30 days to issue its written proposal to resolve the 
dispute. The Department may grant one 30-day extension of this 
time frame to one of the parties to resolve the dispute. If the 
dispute remains unresolved at the end of this time frame or the 
provider is not satisfied with the MCO's written proposal to 
resolve the dispute, the provider may, within 30 days, request 
the Department to review the dispute and make a final 
determination. Within 30 days of the request for Department 
review of the dispute, both the provider and the MCO shall 
present all relevant information to the Department for 
resolution and make individuals with knowledge of the issues 
available to the Department for further inquiry if needed. 
Within 30 days of receiving the relevant information on the 
dispute, or the lapse of the period for submitting such 
information, the Department shall issue a written decision on 
the dispute based on contractual terms between the provider 
and the MCO, contractual terms between the MCO and the 
Department of Healthcare and Family Services and applicable 
Medicaid policy. The decision of the Department shall be 
final. By January 1, 2020, the Department shall establish by 
rule further details of this dispute resolution process. 
Disputes between MCOs and providers presented to the 
Department for resolution are not contested cases, as defined 
in Section 1-30 of the Illinois Administrative Procedure Act, 
conferring any right to an administrative hearing. 
 (g-9)(1) The Department shall publish annually on its 
website a report on the calculation of each managed care 
organization's medical loss ratio showing the following: 
  (A) Premium revenue, with appropriate adjustments. 
  (B) Benefit expense, setting forth the aggregate 
 amount spent for the following: 
   (i) Direct paid claims.
   (ii) Subcapitation payments.
   (iii)
Other claim payments.
   (iv)
Direct reserves.
   (v)
Gross recoveries.
   (vi)
Expenses for activities that improve health 
 care quality as allowed by the Department. 
 (2) The medical loss ratio shall be calculated consistent 
with federal law and regulation following a claims runout 
period determined by the Department. 
 (g-10)(1) "Liability effective date" means the date on 
which an MCO becomes responsible for payment for medically 
necessary and covered services rendered by a provider to one 
of its enrollees in accordance with the contract terms between 
the MCO and the provider. The liability effective date shall 
be the later of: 
  (A) The execution date of a network participation 
 contract agreement.
  (B) The date the provider or its representative 
 submits to the MCO the complete and accurate standardized 
 roster form for the provider in the format approved by the 
 Department. 
  (C) The provider effective date contained within the 
 Department's provider enrollment subsystem within the 
 Illinois Medicaid Program Advanced Cloud Technology 
 (IMPACT) System. 
 (2) The standardized roster form may be submitted to the 
MCO at the same time that the provider submits an enrollment 
application to the Department through IMPACT.
 (3) By October 1, 2019, the Department shall require all 
MCOs to update their provider directory with information for 
new practitioners of existing contracted providers within 30 
days of receipt of a complete and accurate standardized roster 
template in the format approved by the Department provided 
that the provider is effective in the Department's provider 
enrollment subsystem within the IMPACT system. Such provider 
directory shall be readily accessible for purposes of 
selecting an approved health care provider and comply with all 
other federal and State requirements. 
 (g-11) The Department shall work with relevant 
stakeholders on the development of operational guidelines to 
enhance and improve operational performance of Illinois' 
Medicaid managed care program, including, but not limited to, 
improving provider billing practices, reducing claim 
rejections and inappropriate payment denials, and 
standardizing processes, procedures, definitions, and response 
timelines, with the goal of reducing provider and MCO 
administrative burdens and conflict. The Department shall 
include a report on the progress of these program improvements 
and other topics in its Fiscal Year 2020 annual report to the 
General Assembly. 
 (g-12) Notwithstanding any other provision of law, if the

Department or an MCO requires submission of a claim for 
payment
in a non-electronic format, a provider shall always be 
afforded
a period of no less than 90 business days, as a 
correction
period, following any notification of rejection by 
either the
Department or the MCO to correct errors or 
omissions in the
original submission. 
 Under no circumstances, either by an MCO or under the

State's fee-for-service system, shall a provider be denied

payment for failure to comply with any timely submission

requirements under this Code or under any existing contract,

unless the non-electronic format claim submission occurs after

the initial 180 days following the latest date of service on

the claim, or after the 90 business days correction period

following notification to the provider of rejection or denial

of payment. 
 (h) The Department shall not expand mandatory MCO 
enrollment into new counties beyond those counties already 
designated by the Department as of June 1, 2014 for the 
individuals whose eligibility for medical assistance is not 
the seniors or people with disabilities population until the 
Department provides an opportunity for accountable care 
entities and MCOs to participate in such newly designated 
counties.
 (i) The requirements of this Section apply to contracts 
with accountable care entities and MCOs entered into, amended, 
or renewed after June 16, 2014 (the effective date of Public 
Act 98-651).

 (j) Health care information released to managed care 
organizations. A health care provider shall release to a 
Medicaid managed care organization, upon request, and subject 
to the Health Insurance Portability and Accountability Act of 
1996 and any other law applicable to the release of health 
information, the health care information of the MCO's 
enrollee, if the enrollee has completed and signed a general 
release form that grants to the health care provider 
permission to release the recipient's health care information 
to the recipient's insurance carrier. 
 (k) The Department of Healthcare and Family Services, 
managed care organizations, a statewide organization 
representing hospitals, and a statewide organization 
representing safety-net hospitals shall explore ways to 
support billing departments in safety-net hospitals. 
 (l) The requirements of this Section added by Public Act 
102-4 this
amendatory Act of the 102nd General Assembly shall 
apply to
services provided on or after the first day of the 
month that
begins 60 days after April 27, 2021 (the effective 
date of Public Act 102-4) this amendatory Act
of the 102nd 
General Assembly. 
(Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21; 
102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff. 
8-20-21; revised 10-5-21.)

 (305 ILCS 5/5-41)
 Sec. 5-41. Inpatient hospitalization for opioid-related 
overdose or withdrawal patients. Due to the disproportionately 
high opioid-related fatality rates among African Americans in 
under-resourced communities in Illinois, the lack of community 
resources, the comorbidities experienced by these patients, 
and the high rate of hospital inpatient recidivism associated 
with this population when improperly treated, the Department 
shall ensure that patients, whether enrolled under the Medical 
Assistance Fee For Service program or enrolled with a Medicaid 
Managed Care Organization, experiencing opioid-related 
overdose or withdrawal are admitted on an inpatient status and 
the provider shall be reimbursed accordingly, when deemed 
medically necessary, as determined by either the patient's 
primary care physician, or the physician or other practitioner 
responsible for the patient's care at the hospital to which 
the patient presents, using criteria established by the 
American Society of Addiction Medicine. If it is determined by 
the physician or other practitioner responsible for the 
patient's care at the hospital to which the patient presents, 
that a patient does not meet medical necessity criteria for 
the admission, then the patient may be treated via observation 
and the provider shall seek reimbursement accordingly. Nothing 
in this Section shall diminish the requirements of a provider 
to document medical necessity in the patient's record.

(Source: P.A. 102-43, eff. 7-6-21.)



 (305 ILCS 5/5-44)


 Sec. 5-44 5-41. Screening, Brief Intervention, and 
Referral to Treatment. As used in this Section, "SBIRT" means 
a comprehensive, integrated, public health approach to the 
delivery of early intervention and treatment
services for 
persons who are at risk of developing substance use disorders 
or have substance use disorders including, but not limited to, 
an addiction to alcohol, opioids,
tobacco, or cannabis.
SBIRT 
services include all of the following: 
  (1) Screening to quickly assess the severity of 
 substance use and to identify the appropriate level of 
 treatment. 
  (2) Brief intervention focused on increasing insight 
 and awareness regarding substance use and motivation 
 toward behavioral change. 
  (3) Referral to treatment provided to those identified 
 as needing more extensive treatment with access to 
 specialty care. 
 SBIRT services may include, but are not limited to, the 
following settings and programs: primary care centers, 
hospital emergency rooms, hospital in-patient units,
trauma 
centers, community behavioral health programs, and other 
community settings that provide opportunities for early 
intervention with at-risk substance users before more severe

consequences occur. 
 The Department of Healthcare and Family Services shall 
develop and seek federal approval of a SBIRT benefit for which

qualified providers shall be reimbursed under the medical 
assistance program.
 In conjunction with the Department of Human Services' 
Division of Substance Use Prevention and Recovery, the 
Department of Healthcare and
Family Services may develop a 
methodology and reimbursement rate for SBIRT services provided 
by qualified providers in approved
settings. 
 For opioid specific SBIRT services provided in a hospital 
emergency department, the Department of Healthcare and
Family 
Services shall develop a bundled reimbursement
methodology and 
rate for a package of opioid treatment services, which include 
initiation of medication for the treatment of opioid use 
disorder in
the emergency department setting, including 
assessment, referral to ongoing care, and arranging access to 
supportive services when necessary. This
package of opioid 
related services shall be billed on a separate claim and shall 
be reimbursed outside of the Enhanced Ambulatory Patient

Grouping system.

(Source: P.A. 102-598, eff. 1-1-22; revised 11-18-21.)





 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)



 Sec. 9A-11. Child care. 

 (a) The General Assembly recognizes that families with 
children need child
care in order to work. Child care is 
expensive and families with low incomes,
including those who 
are transitioning from welfare to work, often struggle to
pay 
the costs of day care. The
General Assembly understands the 
importance of helping low-income working
families become and 
remain self-sufficient. The General Assembly also believes

that it is the responsibility of families to share in the costs 
of child care.
It is also the preference of the General 
Assembly that all working poor
families should be treated 
equally, regardless of their welfare status.

 (b) To the extent resources permit, the Illinois 
Department shall provide
child care services to parents or 
other relatives as defined by rule who are
working or 
participating in employment or Department approved
education 
or training programs. At a minimum, the Illinois Department 
shall
cover the following categories of families:

  (1) recipients of TANF under Article IV participating 
 in work and training
activities as specified in the 
 personal plan for employment and
self-sufficiency;

  (2) families transitioning from TANF to work;

  (3) families at risk of becoming recipients of TANF;

  (4) families with special needs as defined by rule;

  (5) working families with very low incomes as defined 
 by rule;

  (6) families that are not recipients of TANF and that 
 need child care assistance to participate in education and 
 training activities; and 
  (7) families with children under the age of 5 who have 
 an open intact family services case with the Department of 
 Children and Family Services. Any family that receives 
 child care assistance in accordance with this paragraph 
 shall remain eligible for child care assistance 6 months 
 after the child's intact family services case is closed, 
 regardless of whether the child's parents or other 
 relatives as defined by rule are working or participating 
 in Department approved employment or education or training 
 programs. The Department of Human Services, in 
 consultation with the Department of Children and Family 
 Services, shall adopt rules to protect the privacy of 
 families who are the subject of an open intact family 
 services case when such families enroll in child care 
 services. Additional rules shall be adopted to offer 
 children who have an open intact family services case the 
 opportunity to receive an Early Intervention screening and 
 other services that their families may be eligible for as 
 provided by the Department of Human Services. 
 The Department shall specify by rule the conditions of 
eligibility, the
application process, and the types, amounts, 
and duration of services.
Eligibility for
child care benefits 
and the amount of child care provided may vary based on
family 
size, income,
and other factors as specified by rule.

 The Department shall update the Child Care Assistance 
Program Eligibility Calculator posted on its website to 
include a question on whether a family is applying for child 
care assistance for the first time or is applying for a 
redetermination of eligibility. 
 A family's eligibility for child care services shall be 
redetermined no sooner than 12 months following the initial 
determination or most recent redetermination. During the 
12-month periods, the family shall remain eligible for child 
care services regardless of (i) a change in family income, 
unless family income exceeds 85% of State median income, or 
(ii) a temporary change in the ongoing status of the parents or 
other relatives, as defined by rule, as working or attending a 
job training or educational program. 
 In determining income eligibility for child care benefits, 
the Department
annually, at the beginning of each fiscal year, 
shall
establish, by rule, one income threshold for each family 
size, in relation to
percentage of State median income for a 
family of that size, that makes
families with incomes below 
the specified threshold eligible for assistance
and families 
with incomes above the specified threshold ineligible for

assistance. Through and including fiscal year 2007, the 
specified threshold must be no less than 50% of the

then-current State median income for each family size. 
Beginning in fiscal year 2008, the specified threshold must be 
no less than 185% of the then-current federal poverty level 
for each family size. Notwithstanding any other provision of 
law or administrative rule to the contrary, beginning in 
fiscal year 2019, the specified threshold for working families 
with very low incomes as defined by rule must be no less than 
185% of the then-current federal poverty level for each family 
size. Notwithstanding any other provision of law or 
administrative rule to the contrary, beginning in State fiscal 
year 2022, the specified
income threshold shall be no less 
than 200% of the
then-current federal poverty level for each 
family size. 

 In determining eligibility for
assistance, the Department 
shall not give preference to any category of
recipients
or 
give preference to individuals based on their receipt of 
benefits under this
Code.

 Nothing in this Section shall be
construed as conferring 
entitlement status to eligible families.

 The Illinois
Department is authorized to lower income 
eligibility ceilings, raise parent
co-payments, create waiting 
lists, or take such other actions during a fiscal
year as are 
necessary to ensure that child care benefits paid under this

Article do not exceed the amounts appropriated for those child 
care benefits.
These changes may be accomplished by emergency 
rule under Section 5-45 of the
Illinois Administrative 
Procedure Act, except that the limitation on the number
of 
emergency rules that may be adopted in a 24-month period shall 
not apply.

 The Illinois Department may contract with other State 
agencies or child care
organizations for the administration of 
child care services.

 (c) Payment shall be made for child care that otherwise 
meets the
requirements of this Section and applicable 
standards of State and local
law and regulation, including any 
requirements the Illinois Department
promulgates by rule in 
addition to the licensure
requirements
promulgated by the 
Department of Children and Family Services and Fire
Prevention 
and Safety requirements promulgated by the Office of the State

Fire Marshal, and is provided in any of the following:

  (1) a child care center which is licensed or exempt 
 from licensure
pursuant to Section 2.09 of the Child Care 
 Act of 1969;

  (2) a licensed child care home or home exempt from 
 licensing;

  (3) a licensed group child care home;

  (4) other types of child care, including child care 
 provided
by relatives or persons living in the same home 
 as the child, as determined by
the Illinois Department by 
 rule.

 (c-5)
Solely for the purposes of coverage under the 
Illinois Public Labor Relations Act, child and day care home 
providers, including licensed and license exempt, 
participating in the Department's child care assistance 
program shall be considered to be public employees and the 
State of Illinois shall be considered to be their employer as 
of January 1, 2006 (the effective date of Public Act 94-320), 
but not before. The State shall engage in collective 
bargaining with an exclusive representative of child and day 
care home providers participating in the child care assistance 
program concerning their terms and conditions of employment 
that are within the State's control. Nothing in this 
subsection shall be understood to limit the right of families 
receiving services defined in this Section to select child and 
day care home providers or supervise them within the limits of 
this Section. The State shall not be considered to be the 
employer of child and day care home providers for any purposes 
not specifically provided in Public Act 94-320, including, but 
not limited to, purposes of vicarious liability in tort and 
purposes of statutory retirement or health insurance benefits. 
Child and day care home providers shall not be covered by the 
State Employees Group Insurance Act of 1971.
 In according child and day care home providers and their 
selected representative rights under the Illinois Public Labor 
Relations Act, the State intends that the State action 
exemption to application of federal and State antitrust laws 
be fully available to the extent that their activities are 
authorized by Public Act 94-320.

 (d) The Illinois Department shall establish, by rule, a 
co-payment scale that provides for cost sharing by families 
that receive
child care services, including parents whose only 
income is from
assistance under this Code. The co-payment 
shall be based on family income and family size and may be 
based on other factors as appropriate. Co-payments may be 
waived for families whose incomes are at or below the federal 
poverty level.

 (d-5) The Illinois Department, in consultation with its 
Child Care and Development Advisory Council, shall develop a 
plan to revise the child care assistance program's co-payment 
scale. The plan shall be completed no later than February 1, 
2008, and shall include:
  (1) findings as to the percentage of income that the 
 average American family spends on child care and the 
 relative amounts that low-income families and the average 
 American family spend on other necessities of life;

  (2) recommendations for revising the child care 
 co-payment scale to assure that families receiving child 
 care services from the Department are paying no more than 
 they can reasonably afford;
  (3) recommendations for revising the child care 
 co-payment scale to provide at-risk children with complete 
 access to Preschool for All and Head Start; and
  (4) recommendations for changes in child care program 
 policies that affect the affordability of child care.

 (e) (Blank).

 (f) The Illinois Department shall, by rule, set rates to 
be paid for the
various types of child care. Child care may be 
provided through one of the
following methods:

  (1) arranging the child care through eligible 
 providers by use of
purchase of service contracts or 
 vouchers;

  (2) arranging with other agencies and community 
 volunteer groups for
non-reimbursed child care;

  (3) (blank); or

  (4) adopting such other arrangements as the Department 
 determines
appropriate.

 (f-1) Within 30 days after June 4, 2018 (the effective 
date of Public Act 100-587), the Department of Human Services 
shall establish rates for child care providers that are no 
less than the rates in effect on January 1, 2018 increased by 
4.26%. 
 (f-5) (Blank).
 (g) Families eligible for assistance under this Section 
shall be given the
following options:

  (1) receiving a child care certificate issued by the 
 Department or a
subcontractor of the Department that may 
 be used by the parents as payment for
child care and 
 development services only; or

  (2) if space is available, enrolling the child with a 
 child care provider
that has a purchase of service 
 contract with the Department or a subcontractor
of the 
 Department for the provision of child care and development 
 services.
The Department may identify particular priority 
 populations for whom they may
request special 
 consideration by a provider with purchase of service

 contracts, provided that the providers shall be permitted 
 to maintain a balance
of clients in terms of household 
 incomes and families and children with special
needs, as 
 defined by rule.

(Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; 
102-491, eff. 8-20-21; revised 11-8-21.)





 (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)



 Sec. 10-1. Declaration of public policy; persons eligible 
for child support
enforcement services; fees for 
non-applicants and
non-recipients. Declaration of Public 
Policy - Persons Eligible for Child Support
Enforcement 
Services - Fees for Non-Applicants and
Non-Recipients.) It is 
the intent of this Code that the financial aid
and social 
welfare services herein provided supplement rather than

supplant the primary and continuing obligation of the family 
unit for
self-support to the fullest extent permitted by the 
resources available
to it. This primary and continuing 
obligation applies whether the family
unit of parents and 
children or of husband and wife remains intact and
resides in a 
common household or whether the unit has been broken by

absence of one or more members of the unit. The obligation of 
the
family unit is particularly applicable when a member is in 
necessitous
circumstances and lacks the means of a livelihood 
compatible with health
and well-being.

 It is the purpose of this Article to provide for locating 
an absent
parent or spouse, for determining his financial 
circumstances, and for
enforcing his legal obligation of 
support, if he is able to furnish
support, in whole or in part. 
The Department of Healthcare and Family Services shall give

priority to establishing, enforcing,
and collecting the 
current support obligation, and then to past due support
owed 
to the family unit, except with respect to collections 
effected
through the intercept programs provided for in this 
Article. The establishment or enforcement actions provided in 
this Article do not require a previous court order for 
custody/allocation of parental responsibilities.

 The child support enforcement services provided hereunder

shall be
furnished dependents of an absent parent or spouse 
who are applicants
for or recipients of financial aid under 
this Code. It is not,
however, a condition of eligibility for 
financial aid that there be no
responsible relatives who are 
reasonably able to provide support. Nor,
except as provided in 
Sections 4-1.7 and 10-8, shall the existence of
such relatives 
or their payment of support contributions disqualify a
needy 
person for financial aid.

 By accepting financial aid under this Code, a spouse or a 
parent or
other person having physical or legal custody of a 
child shall be deemed to have made
assignment to the Illinois 
Department for aid under Articles III, IV,
V, and VII or to a 
local governmental unit for aid under Article VI of
any and all 
rights, title, and interest in any support obligation, 
including statutory interest thereon, up to
the amount of 
financial aid provided. The rights to support assigned to
the 
Department of Healthcare and Family Services (formerly

Illinois Department of Public Aid) or local governmental unit 
shall
constitute an
obligation owed the State or local 
governmental unit by the person who
is responsible for 
providing the support, and shall be collectible under
all 
applicable processes.

 The Department of Healthcare and Family Services shall 
also furnish the child support enforcement services 
established under this Article in
behalf of persons who
are 
not applicants for or recipients of financial aid
under this 
Code in accordance with the requirements of Title IV, Part D of 
the
Social Security Act. The Department may
establish a 
schedule of reasonable fees, to be paid for the services

provided and may deduct a collection fee, not to exceed 10% of 
the amount
collected, from such collection.
The
Department of 
Healthcare and Family Services shall cause to be published and

distributed publications
reasonably calculated to inform the 
public that individuals who are not
recipients of or 
applicants for public aid under this Code are eligible
for the 
child support enforcement services under this
Article X. Such

publications
shall set forth an explanation, in plain 
language, that the child
support enforcement services program 
is independent of any public
aid program under the Code and 
that the receiving of child
support
enforcement services in no 
way implies that the person
receiving such services is 
receiving
public aid.

(Source: P.A. 102-541, eff. 8-20-21; revised 11-24-21.)





 (305 ILCS 5/12-4.35)



 Sec. 12-4.35. Medical services for certain noncitizens. 

 (a) Notwithstanding
Section 1-11 of this Code or Section 
20(a) of the Children's Health Insurance
Program Act, the 
Department of Healthcare and Family Services may provide 
medical services to
noncitizens who have not yet attained 19 
years of age and who are not eligible
for medical assistance 
under Article V of this Code or under the Children's
Health 
Insurance Program created by the Children's Health Insurance 
Program Act
due to their not meeting the otherwise applicable 
provisions of Section 1-11
of this Code or Section 20(a) of the 
Children's Health Insurance Program Act.
The medical services 
available, standards for eligibility, and other conditions
of 
participation under this Section shall be established by rule 
by the
Department; however, any such rule shall be at least as 
restrictive as the
rules for medical assistance under Article 
V of this Code or the Children's
Health Insurance Program 
created by the Children's Health Insurance Program
Act.

 (a-5) Notwithstanding Section 1-11 of this Code, the 
Department of Healthcare and Family Services may provide 
medical assistance in accordance with Article V of this Code 
to noncitizens over the age of 65 years of age who are not 
eligible for medical assistance under Article V of this Code 
due to their not meeting the otherwise applicable provisions 
of Section 1-11 of this Code, whose income is at or below 100% 
of the federal poverty level after deducting the costs of 
medical or other remedial care, and who would otherwise meet 
the eligibility requirements in Section 5-2 of this Code. The 
medical services available, standards for eligibility, and 
other conditions of participation under this Section shall be 
established by rule by the Department; however, any such rule 
shall be at least as restrictive as the rules for medical 
assistance under Article V of this Code. 
 (a-6) By May 30, 2022, notwithstanding Section 1-11 of 
this Code, the Department of Healthcare and Family Services 
may provide medical services to noncitizens 55 years of age 
through 64 years of age who (i) are not eligible for medical 
assistance under Article V of this Code due to their not 
meeting the otherwise applicable provisions of Section 1-11 of 
this Code and (ii) have income at or below 133% of the federal 
poverty level plus 5% for the applicable family size as 
determined under applicable federal law and regulations. 
Persons eligible for medical services under Public Act 102-16 
this amendatory Act of the 102nd General Assembly shall 
receive benefits identical to the benefits provided under the 
Health Benefits Service Package as that term is defined in 
subsection (m) of Section 5-1.1 of this Code. 
 (a-10) Notwithstanding the provisions of Section 1-11, the 
Department shall cover immunosuppressive drugs and related 
services associated with post-kidney transplant management, 
excluding long-term care costs, for noncitizens who: (i) are 
not eligible for comprehensive medical benefits; (ii) meet the 
residency requirements of Section 5-3; and (iii) would meet 
the financial eligibility requirements of Section 5-2. 
 (b) The Department is authorized to take any action that 
would not otherwise be prohibited by applicable law, 
including, without
limitation, cessation or limitation of 
enrollment, reduction of available medical services,
and 
changing standards for eligibility, that is deemed necessary 
by the
Department during a State fiscal year to assure that 
payments under this
Section do not exceed available funds.

 (c) (Blank).

 (d) (Blank).

(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 
102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43, 
Article 45, Section 45-5, eff. 7-6-21; revised 7-15-21.)


 (305 ILCS 5/12-4.54)
 Sec. 12-4.54. SNAP, WIC; diapers, menstrual hygiene 
products. If the United States Department of Agriculture's 
Food and Nutrition Service creates and makes available to the 
states a waiver permitting recipients of benefits provided 
under the Supplemental Nutrition Assistance Program or the 
Special Supplemental Nutrition Program for Women, Infants, and 
Children to use their benefits to purchase diapers or 
menstrual hygiene products such as tampons, sanitary napkins, 
and feminine wipes, then the Department of Human Services 
shall apply for the waiver. If the United States Department of 
Agriculture approves the Department of Human Services' waiver 
application, then the Department of Human Services shall adopt 
rules and make other changes as necessary to implement the 
approved waiver.

(Source: P.A. 102-248, eff. 1-1-22.)



 (305 ILCS 5/12-4.55)


 Sec. 12-4.55 12-4.54. Community-based long-term services; 
application for federal funding. The Department of Healthcare 
and Family Services shall apply for all available federal 
funding to promote community inclusion and integration for 
persons with disabilities, regardless of age, and older adults 
so that those persons have the option to transition out of 
institutions and receive long-term care services and supports 
in the settings of their choice.

(Source: P.A. 102-536, eff. 8-20-21; revised 11-10-21.)


 Section 510. The Housing Authorities Act is amended by 
changing Sections 17 and 25 as follows:




 (310 ILCS 10/17) (from Ch. 67 1/2, par. 17)



 Sec. 17. Definitions. The following terms, wherever used 
or referred to in this
Act shall have the following respective 
meanings, unless in any case a
different meaning clearly 
appears from the context:

 (a) "Authority" or "housing authority" shall mean a 
municipal
corporation organized in accordance with the 
provisions of this Act for
the purposes, with the powers and 
subject to the restrictions herein set
forth.

 (b) "Area" or "area of operation" shall mean: (1) in the 
case of an
authority which is created hereunder for a city, 
village, or incorporated
town, the area within the territorial 
boundaries of said city, village, or
incorporated town, and so 
long as no county housing authority has
jurisdiction therein, 
the area within three miles from such territorial
boundaries, 
except any part of such area located within the territorial

boundaries of any other city, village, or incorporated town; 
and (2) in the
case of a county shall include all of the county 
except the area of any
city, village or incorporated town 
located therein in which there is an
Authority. When an 
authority is created for a county subsequent to the
creation 
of an authority for a city, village or incorporated town 
within
the same county, the area of operation of the authority 
for such city,
village or incorporated town shall thereafter 
be limited to the territory
of such city, village or 
incorporated town, but the authority for such
city, village or 
incorporated town may continue to operate any project

developed in whole or in part in an area previously a part of 
its area of
operation, or may contract with the county housing 
authority with respect
to the sale, lease, development or 
administration of such project. When an
authority is created 
for a city, village or incorporated town subsequent to
the 
creation of a county housing authority which previously 
included such
city, village or incorporated town within its 
area of operation, such
county housing authority shall have no 
power to create any additional
project within the city, 
village or incorporated town, but any existing
project in the 
city, village or incorporated town currently owned and

operated by the county housing authority shall remain in the 
ownership,
operation, custody and control of the county 
housing authority.

 (b-5) "Criminal history record" means a record of arrest, 
complaint, indictment, or any disposition arising therefrom. 
 (b-6) "Criminal history report" means any written, oral, 
or other communication of information that includes criminal 
history record information about a natural person that is 
produced by a law enforcement agency, a court, a consumer 
reporting agency, or a housing screening agency or business. 
 (c) "Presiding officer" shall mean the presiding officer 
of the
board of a county, or the mayor or president of a city, 
village or
incorporated town, as the case may be, for which an 
Authority is created
hereunder.

 (d) "Commissioner" shall mean one of the members of an 
Authority
appointed in accordance with the provisions of this 
Act.

 (e) "Government" shall include the State and Federal 
governments and
the governments of any subdivisions, agency or 
instrumentality,
corporate or otherwise, of either of them.

 (f) "Department" shall mean the Department of Commerce and

Economic Opportunity.

 (g) "Project" shall include all lands, buildings, and 
improvements,
acquired, owned, leased, managed or operated by 
a housing authority, and
all buildings and improvements 
constructed, reconstructed or repaired by
a housing authority, 
designed to provide housing accommodations and
facilities 
appurtenant thereto (including community facilities and

stores) which are planned as a unit, whether or not acquired or

constructed at one time even though all or a portion of the 
buildings
are not contiguous or adjacent to one another; and 
the planning of
buildings and improvements, the acquisition of 
property, the demolition
of existing structures, the clearing 
of land, the construction,
reconstruction, and repair of 
buildings or improvements and all other
work in connection 
therewith. As provided in Sections 8.14 to 8.18,
inclusive, 
"project" also means, for Housing Authorities for

municipalities of less than 500,000 population and for 
counties, the
conservation of urban areas in accordance with 
an approved conservation
plan. "Project" shall also include: 
  (1) acquisition of: 
   (i) a slum or
blighted area or a deteriorated or 
 deteriorating area which is
predominantly residential 
 in character, or 
   (ii) any other deteriorated
or deteriorating area 
 which is to be developed or redeveloped for

 predominantly residential uses, or 
   (iii) platted urban or suburban land
which is 
 predominantly open and which because of obsolete 
 platting,
diversity of ownership, deterioration of 
 structures or of site
improvements, or otherwise 
 substantially impairs or arrests the sound
growth of 
 the community and which is to be developed for 
 predominantly
residential uses, or 
   (iv) open unplatted urban or suburban land

 necessary for sound community growth which is to be 
 developed for
predominantly residential uses, or 
   (v) any other area where parcels of
land remain 
 undeveloped because of improper platting, delinquent 
 taxes
or special assessments, scattered or uncertain 
 ownerships, clouds on
title, artificial values due to 
 excessive utility costs, or any other
impediments to 
 the use of such area for predominantly residential 
 uses;

  (2) installation, construction, or reconstruction of 
 streets, utilities,
and other site improvements essential 
 to the preparation of sites for
uses in accordance with 
 the development or redevelopment plan; and 
  (3)
making the land available for development or 
 redevelopment by private
enterprise or public agencies 
 (including sale, initial leasing, or
retention by the 
 local public agency itself). 
 If, in any city, village,
or incorporated town, there 
exists a land clearance commission created
under the Blighted 
Areas Redevelopment Act of 1947 (repealed) prior to August 20, 
2021 (the effective date of Public Act 102-510) this 
amendatory Act of the 102nd General Assembly having the same

area of operation as a housing authority created in and for any 
such
municipality, such housing authority shall have no power 
to acquire land
of the character described in subparagraph 
(iii), (iv), or (v) of
paragraph (1) 1 of the definition of 
"project" for the purpose of
development or redevelopment by 
private enterprise.

 (h) "Community facilities" shall include lands, buildings, 
and
equipment for recreation or social assembly, for 
education, health or
welfare activities and other necessary 
utilities primarily for use and
benefit of the occupants of 
housing accommodations to be constructed,
reconstructed, 
repaired or operated hereunder.

 (i) "Real property" shall include lands, lands under 
water,
structures, and any and all easements, franchises and 
incorporeal
hereditaments and estates, and rights, legal and 
equitable, including
terms for years and liens by way of 
judgment, mortgage or otherwise.

 (j) The term "governing body" shall include the city 
council of any
city, the president and board of trustees of any 
village or incorporated
town, the council of any city or 
village, and the county board of any
county.

 (k) The phrase "individual, association, corporation or

organization" shall include any individual, private 
corporation, limited or general partnership, limited liability 
company,
insurance company, housing corporation, neighborhood 
redevelopment
corporation, non-profit corporation, 
incorporated or unincorporated
group or association, 
educational institution, hospital, or charitable
organization, 
and any mutual ownership or cooperative organization.

 (l) "Conservation area", for the purpose of the exercise 
of the
powers granted in Sections 8.14 to 8.18, inclusive, for 
housing
authorities for municipalities of less than 500,000 
population and for
counties, means an area of not less than 2 
acres in which the structures
in 50% or more of the area are 
residential having an average age of 35
years or more. Such an 
area by reason of dilapidation, obsolescence, deterioration or 
illegal
use of individual structures, overcrowding of 
structures and community
facilities, conversion of residential 
units into non-residential use,
deleterious land use or 
layout, decline of physical maintenance, lack of
community 
planning, or any combination of these factors may become a

slum and blighted area.

 (m) "Conservation plan" means the comprehensive program 
for the
physical development and replanning of a "Conservation 
Area" as defined
in paragraph (l) embodying the steps required 
to prevent such
Conservation Area from becoming a slum and 
blighted area.

 (n) "Fair use value" means the fair cash market value of 
real
property when employed for the use contemplated by a 
"Conservation Plan"
in municipalities of less than 500,000 
population and in counties.

 (o) "Community facilities" means, in relation to a 
"Conservation
Plan", those physical plants which implement, 
support and facilitate the
activities, services and interests 
of education, recreation, shopping,
health, welfare, religion 
and general culture.

 (p) "Loan agreement" means any agreement pursuant to which 
an Authority
agrees to loan the proceeds of its revenue bonds 
issued with respect to a
multifamily rental housing project or 
other funds of the Authority to any
person upon terms 
providing for
loan repayment installments at least sufficient 
to pay when due all principal
of, premium, if any, and interest 
on the revenue bonds of the Authority issued
with respect to 
the multifamily rental housing project, and providing for

maintenance, insurance, and
other matters as may be deemed 
desirable by the Authority.

 (q) "Multifamily rental housing" means any rental project 
designed for
mixed-income or low-income occupancy.

(Source: P.A. 101-659, eff. 3-23-21; 102-510, eff. 8-20-21; 
revised 11-9-21.)





 (310 ILCS 10/25)
 (from Ch. 67 1/2, par. 25)



 Sec. 25. Rentals and tenant selection. In the operation or 
management
of housing projects an Authority
shall at all times 
observe the following duties with respect to rentals and

tenant selection:

 (a) It shall not accept any person as a tenant in any

dwelling in a housing project if the persons who would occupy 
the dwelling
have an aggregate annual income which equals or 
exceeds the amount which
the Authority determines (which 
determination shall be conclusive) to be
necessary in order to 
enable such persons to secure safe, sanitary and
uncongested 
dwelling accommodations within the area of operation of the

Authority and to provide an adequate standard of living for 
themselves.

 (b) It may rent or lease the dwelling accommodations 
therein only at rentals
within the financial reach of persons 
who lack the amount of income which
it determines (pursuant to 
(a) of this Section) to be necessary in order to
obtain safe, 
sanitary and uncongested dwelling accommodations within the

area of operation of the Authority and to provide an adequate 
standard of
living.

 (c) It may rent or lease to a tenant a dwelling consisting 
of the
number of rooms (but no greater number) which it deems 
necessary to provide
safe and sanitary accommodations to the 
proposed occupants thereof, without
overcrowding.

 (d) It shall not change the residency preference of any 
prospective
tenant once the application has been accepted by 
the authority.

 (e)
If an Authority desires a criminal history records 
check of all 50 states
or a 50-state confirmation of a 
conviction record, the Authority shall submit
the fingerprints 
of the relevant applicant, tenant, or other household member

to the Illinois State Police in a manner prescribed by the 
Illinois
State Police. These
fingerprints shall be checked 
against the fingerprint records now and hereafter
filed in the

Illinois State Police and
Federal Bureau of Investigation 
criminal history records databases.
The Illinois State Police 
shall charge a fee
for conducting the criminal history records 
check, which shall be deposited in
the State Police Services 
Fund and shall not exceed the actual cost of the
records check. 
The Illinois State Police shall furnish pursuant to
positive 
identification, records of conviction to the Authority. An 
Authority that requests a criminal history report of an 
applicant or other household member shall inform the applicant 
at the time of the request that the applicant or other 
household member may provide additional mitigating information 
for consideration with the application for housing. 

 (e-5) Criminal history record assessment. The Authority 
shall use the following process when evaluating the criminal 
history report of an applicant or other household member to 
determine whether to rent or lease to the applicant: 
  (1) Unless required by federal law, the Authority 
 shall not consider the following information when 
 determining whether to rent or lease to an applicant for 
 housing: 
   (A) an arrest or detention;
   (B) criminal charges or indictments, and the 
 nature of any disposition arising therefrom, that do 
 not result in a conviction;
   (C) a conviction that has been vacated, ordered, 
 expunged, sealed, or impounded by a court;
   (D) matters under the jurisdiction of the Illinois 
 Juvenile Court;
   (E) the amount of time since the applicant or 
 other household member completed his or her sentence 
 in prison or jail or was released from prison or jail; 
 or
   (F) convictions occurring more than 180 days prior 
 to the date the applicant submitted his or her 
 application for housing. 
  (2) The Authority shall create a system for the 
 independent review of criminal history reports: 
   (A) the reviewer shall examine the applicant's or 
 other household member's criminal history report and 
 report only those records not prohibited under 
 paragraph (1) to the person or persons making the 
 decision about whether to offer housing to the 
 applicant; and
   (B) the reviewer shall not participate in any 
 final decisions on an applicant's application for 
 housing. 
  (3) The Authority may deny an applicant's application 
 for housing because of the applicant's or another 
 household member's criminal history record, only if the 
 Authority: 
   (A) determines that the denial is required under 
 federal law; or
   (B)
determines that there is a direct relationship 
 between the applicant or the other household member's 
 criminal history record and a risk to the health, 
 safety, and peaceful enjoyment of fellow tenants. The 
 mere existence of a criminal history record does not 
 demonstrate such a risk. 
 (f) It may, if a tenant has created or maintained a threat

constituting a serious and clear danger to the health or 
safety of other
tenants or Authority employees, after 3 days' 
written notice
of termination and without a hearing, file suit 
against any such tenant for
recovery of possession of the 
premises. The tenant shall be given the
opportunity to contest 
the termination in the court proceedings. A serious
and clear 
danger to the health or safety of other tenants or Authority

employees shall include, but not be limited to, any of the 
following
activities of the tenant or of any other person on 
the premises with the
consent of the tenant:


  (1) Physical assault or the threat of physical 
 assault.


  (2) Illegal use of a firearm or other weapon or the 
 threat to use in
an illegal manner a firearm or other 
 weapon.


  (3) Possession of a controlled substance by the tenant 
 or any other person
on the premises with the consent of the 
 tenant if the tenant knew or should
have known of the 
 possession by the other person of a controlled
substance, 
 unless the controlled substance was obtained
directly from 
 or pursuant to a valid prescription.


  (4) Streetgang membership as defined in the Illinois

 Streetgang Terrorism Omnibus Prevention Act.

 The management of low-rent public housing projects 
financed and developed
under the U.S. Housing Act of 1937 
shall
be in accordance with that Act.

 Nothing contained in this Section or any other Section of 
this Act shall
be construed as limiting the power of an 
Authority to vest in a bondholder
or trustee the right, in the 
event of a default by the Authority, to take
possession and 
operate a housing project or cause the appointment of a

receiver thereof, free from all restrictions imposed by this 
Section or any
other Section of this Act.

(Source: P.A. 101-659, eff. 3-23-21; 102-538, eff. 8-20-21; 
revised 11-9-21.)


 Section 515. The Adult Protective Services Act is amended 
by changing Section 3.5 as follows:

 (320 ILCS 20/3.5)
 Sec. 3.5. Other responsibilities. The Department shall 
also be
responsible for the following activities, contingent 
upon adequate funding; implementation shall be expanded to 
adults with disabilities upon the effective date of this 
amendatory Act of the 98th General Assembly, except those 
responsibilities under subsection (a), which shall be 
undertaken as soon as practicable:
  (a) promotion of a wide range of endeavors for the 
 purpose of preventing
abuse, abandonment, neglect, 
 financial exploitation, and self-neglect, including, but 
 not limited to, promotion of public
and professional 
 education to increase awareness of abuse, abandonment, 
 neglect,
financial exploitation, and self-neglect; to 
 increase reports; to establish access to and use of the 
 Registry established under Section 7.5; and to improve 
 response by
various legal, financial, social, and health 
 systems;
  (b) coordination of efforts with other agencies, 
 councils, and like
entities, to include but not be limited 
 to, the Administrative Office of the Illinois Courts, the 
 Office of the Attorney General,
the Illinois State Police, 
 the Illinois Law Enforcement Training Standards
Board, the 
 State Triad, the Illinois Criminal Justice Information

 Authority, the
Departments of Public Health, Healthcare 
 and Family Services, and Human Services, the Illinois 
 Guardianship and Advocacy Commission, the Family
Violence 
 Coordinating Council, the Illinois Violence Prevention 
 Authority,
and other
entities which may impact awareness 
 of, and response to, abuse, abandonment, neglect,

 financial exploitation, and self-neglect;
  (c) collection and analysis of data;
  (d) monitoring of the performance of regional 
 administrative agencies and adult protective services

 agencies;
  (e) promotion of prevention activities;
  (f) establishing and coordinating an aggressive 
 training program on the unique
nature of adult abuse cases 
 with other agencies, councils, and like entities,
to 
 include but not be limited to the Office of the Attorney 
 General, the
Illinois State Police, the Illinois Law 
 Enforcement Training Standards Board, the
State Triad, the 
 Illinois Criminal Justice Information Authority, the State

 Departments of Public Health, Healthcare and Family 
 Services, and Human Services, the Family
Violence 
 Coordinating Council, the Illinois Violence Prevention 
 Authority,
the agency designated by the Governor under 
 Section 1 of the Protection and Advocacy for Persons with 
 Developmental Disabilities Act, and other entities that 
 may impact awareness of and response to
abuse, 
 abandonment, neglect, financial exploitation, and 
 self-neglect;
  (g) solicitation of financial institutions for the 
 purpose of making
information available to the general 
 public warning of financial exploitation
of adults and 
 related financial fraud or abuse, including such

 information and warnings available through signage or 
 other written
materials provided by the Department on the 
 premises of such financial
institutions, provided that the 
 manner of displaying or distributing such
information is 
 subject to the sole discretion of each financial 
 institution;

  (g-1) developing by joint rulemaking with the 
 Department of Financial and Professional Regulation 
 minimum training standards which shall be used by 
 financial institutions for their current and new employees 
 with direct customer contact; the Department of Financial 
 and Professional Regulation shall retain sole visitation 
 and enforcement authority under this subsection (g-1); the 
 Department of Financial and Professional Regulation shall 
 provide bi-annual reports to the Department setting forth 
 aggregate statistics on the training programs required 
 under this subsection (g-1); and 
  (h) coordinating efforts with utility and electric 
 companies to send
notices in utility bills to
explain to 
 persons 60 years of age or older
their rights regarding 
 telemarketing and home repair fraud.
(Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 11-9-21.)

 Section 520. The Abused and Neglected Child Reporting Act 
is amended by changing Sections 3 and 7.8 as follows:

 (325 ILCS 5/3) (from Ch. 23, par. 2053)
 Sec. 3. As used in this Act unless the context otherwise 
requires: 
 "Adult resident" means any person between 18 and 22 years 
of age who resides in any facility licensed by the Department 
under the Child Care Act of 1969. For purposes of this Act, the 
criteria set forth in the definitions of "abused child" and 
"neglected child" shall be used in determining whether an 
adult resident is abused or neglected.
 "Agency" means a child care facility licensed under 
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and 
includes a transitional living program that accepts children 
and adult residents for placement who are in the guardianship 
of the Department. 
 "Blatant disregard" means an incident where the real, 
significant, and imminent risk of harm would be so obvious to a 
reasonable parent or caretaker that it is unlikely that a 
reasonable parent or caretaker would have exposed the child to 
the danger without exercising precautionary measures to 
protect the child from harm. With respect to a person working 
at an agency in his or her professional capacity with a child 
or adult resident, "blatant disregard" includes a failure by 
the person to perform job responsibilities intended to protect 
the child's or adult resident's health, physical well-being, 
or welfare, and, when viewed in light of the surrounding 
circumstances, evidence exists that would cause a reasonable 
person to believe that the child was neglected. With respect 
to an agency, "blatant disregard" includes a failure to 
implement practices that ensure the health, physical 
well-being, or welfare of the children and adult residents 
residing in the facility. 
 "Child" means any person under the age of 18 years, unless 
legally
emancipated by reason of marriage or entry into a 
branch of the United
States armed services.
 "Department" means Department of Children and Family 
Services.
 "Local law enforcement agency" means the police of a city, 
town,
village or other incorporated area or the sheriff of an 
unincorporated
area or any sworn officer of the Illinois 
Department of State Police.
 "Abused child"
means a child whose parent or immediate 
family
member,
or any person responsible for the child's 
welfare, or any individual
residing in the same home as the 
child, or a paramour of the child's parent:
  (a) inflicts, causes to be inflicted, or allows to be

 inflicted upon
such child physical injury, by other than 
 accidental means, which causes
death, disfigurement, 
 impairment of physical or
emotional health, or loss or 
 impairment of any bodily function;
  (b) creates a substantial risk of physical injury to 
 such
child by
other than accidental means which would be 
 likely to cause death,
disfigurement, impairment of 
 physical or emotional health, or loss or
impairment of any 
 bodily function;
  (c) commits or allows to be committed any sex offense 
 against
such child,
as such sex offenses are defined in 
 the Criminal Code of 2012 or in the Wrongs to Children Act,

 and extending those definitions of sex offenses to include 
 children under
18 years of age;
  (d) commits or allows to be committed an act or acts of

 torture upon
such child;
  (e) inflicts excessive corporal punishment or, in the 
 case of a person working for an agency who is prohibited 
 from using corporal punishment, inflicts corporal 
 punishment upon a child or adult resident with whom the 
 person is working in his or her professional capacity; 
  (f) commits or allows to be committed
the offense of

 female
genital mutilation, as defined in Section 12-34 of 
 the Criminal Code of
2012, against the child;
  (g) causes to be sold, transferred, distributed, or 
 given to
such child
under 18 years of age, a controlled 
 substance as defined in Section 102 of the
Illinois 
 Controlled Substances Act in violation of Article IV of 
 the Illinois
Controlled Substances Act or in violation of 
 the Methamphetamine Control and Community Protection Act, 
 except for controlled substances that are prescribed
in 
 accordance with Article III of the Illinois Controlled 
 Substances Act and
are dispensed to such child in a manner 
 that substantially complies with the
prescription; 
  (h) commits or allows to be committed the offense of 
 involuntary servitude, involuntary sexual servitude of a 
 minor, or trafficking in persons as defined in Section 
 10-9 of the Criminal Code of 2012 against the child; or 
  (i) commits the offense of grooming, as defined in 
 Section 11-25 of the Criminal Code of 2012, against the 
 child.
 A child shall not be considered abused for the sole reason 
that the child
has been relinquished in accordance with the 
Abandoned Newborn Infant
Protection Act.
 "Neglected child" means any child who is not receiving the 
proper or
necessary nourishment or medically indicated 
treatment including food or care
not provided solely on the 
basis of the present or anticipated mental or
physical 
impairment as determined by a physician acting alone or in

consultation with other physicians or otherwise is not 
receiving the proper or
necessary support or medical or other 
remedial care recognized under State law
as necessary for a 
child's well-being, or other care necessary for his or her

well-being, including adequate food, clothing and shelter; or 
who is subjected to an environment which is injurious insofar 
as (i) the child's environment creates a likelihood of harm to 
the child's health, physical well-being, or welfare and (ii) 
the likely harm to the child is the result of a blatant 
disregard of parent, caretaker, person responsible for the 
child's welfare, or agency responsibilities; or who is 
abandoned
by his or her parents or other person responsible 
for the child's welfare
without a proper plan of care; or who 
has been provided with interim crisis intervention services 
under
Section 3-5 of
the Juvenile Court Act of 1987 and whose 
parent, guardian, or custodian refuses to
permit
the child to 
return home and no other living arrangement agreeable
to the 
parent, guardian, or custodian can be made, and the parent, 
guardian, or custodian has not made any other appropriate 
living arrangement for the child; or who is a newborn infant 
whose blood, urine,
or meconium
contains any amount of a 
controlled substance as defined in subsection (f) of
Section 
102 of the Illinois Controlled Substances Act or a metabolite 
thereof,
with the exception of a controlled substance or 
metabolite thereof whose
presence in the newborn infant is the 
result of medical treatment administered
to the mother or the 
newborn infant. A child shall not be considered neglected
for 
the sole reason that the child's parent or other person 
responsible for his
or her welfare has left the child in the 
care of an adult relative for any
period of time. A child shall 
not be considered neglected for the sole reason
that the child 
has been relinquished in accordance with the Abandoned Newborn

Infant Protection Act. A child shall not be considered 
neglected or abused
for the
sole reason that such child's 
parent or other person responsible for his or her
welfare 
depends upon spiritual means through prayer alone for the 
treatment or
cure of disease or remedial care as provided 
under Section 4 of this Act. A
child shall not be considered 
neglected or abused solely because the child is
not attending 
school in accordance with the requirements of Article 26 of 
The
School Code, as amended.
 "Child Protective Service Unit" means certain specialized 
State employees of
the Department assigned by the Director to 
perform the duties and
responsibilities as provided under 
Section 7.2 of this Act.
 "Near fatality" means an act that, as certified by a 
physician, places the child in serious or critical condition, 
including acts of great bodily harm inflicted upon children 
under 13 years of age, and as otherwise defined by Department 
rule.
 "Great bodily harm" includes bodily injury which creates a 
high probability of death, or which causes serious permanent 
disfigurement, or which causes a permanent or protracted loss 
or impairment of the function of any bodily member or organ, or 
other serious bodily harm.
 "Person responsible for the child's welfare" means the 
child's parent;
guardian; foster parent; relative caregiver; 
any person responsible for the
child's welfare in a public or 
private residential agency or institution; any
person 
responsible for the child's welfare within a public or private 
profit or
not for profit child care facility; or any other 
person responsible for the
child's welfare at the time of the 
alleged abuse or neglect, including any person who commits or 
allows to be committed, against the child, the offense of 
involuntary servitude, involuntary sexual servitude of a 
minor, or trafficking in persons for forced labor or services, 
as provided in Section 10-9 of the Criminal Code of 2012, 
including, but not limited to, the custodian of the minor, or 
any person who
came to know the child through an official 
capacity or position of trust,
including, but not limited to, 
health care professionals, educational personnel,
recreational 
supervisors, members of the clergy, and volunteers or
support 
personnel in any setting
where children may be subject to 
abuse or neglect.
 "Temporary protective custody" means custody within a 
hospital or
other medical facility or a place previously 
designated for such custody
by the Department, subject to 
review by the Court, including a licensed
foster home, group 
home, or other institution; but such place shall not
be a jail 
or other place for the detention of criminal or juvenile 
offenders.
 "An unfounded report" means any report made under this Act 
for which
it is determined after an investigation that no 
credible evidence of
abuse or neglect exists.
 "An indicated report" means a report made under this Act 
if an
investigation determines that credible evidence of the 
alleged
abuse or neglect exists.
 "An undetermined report" means any report made under this 
Act in
which it was not possible to initiate or complete an 
investigation on
the basis of information provided to the 
Department.
 "Subject of report" means any child reported to the 
central register
of child abuse and neglect established under 
Section 7.7 of this Act as an alleged victim of child abuse or 
neglect and
the parent or guardian of the alleged victim or 
other person responsible for the alleged victim's welfare who 
is named in the report or added to the report as an alleged 
perpetrator of child abuse or neglect.
 "Perpetrator" means a person who, as a result of 
investigation, has
been determined by the Department to have 
caused child abuse or neglect.
 "Member of the clergy" means a clergyman or practitioner 
of any religious
denomination accredited by the religious body 
to which he or she belongs.
(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; 
revised 1-15-22.)


 (325 ILCS 5/7.8)



 Sec. 7.8. 
Upon receiving an oral or written report of 
suspected
child abuse or neglect, the Department shall 
immediately notify, either
orally or electronically, the Child 
Protective Service Unit of a previous
report concerning a 
subject of the present report or other pertinent
information. 
In addition, upon satisfactory identification procedures, to

be established by Department regulation, any person authorized 
to have
access to records under Section 11.1 relating to child 
abuse and neglect
may request and shall be immediately 
provided the information requested in
accordance with this 
Act. However, no information shall be released unless
it 
prominently states the report is "indicated", and only 
information from
"indicated" reports shall be released, except 
that: 
  (1) Information concerning
pending reports may be 
 released pursuant to Sections 7.14 and 7.22 of this Act to 
 the attorney or guardian ad litem appointed under Section 
 2-17 of the Juvenile Court Act of 1987 and to any person 
 authorized under
paragraphs (1), (2), (3), and (11) of 
 subsection (a) of Section 11.1.
  (2) State's
Attorneys are authorized to receive 
 unfounded reports:
   (A) for prosecution
purposes related to the 
 transmission of false reports of child abuse or

 neglect in violation of subsection (a), paragraph (7) 
 of Section 26-1
of the Criminal Code of 2012; or
   (B) for the purposes of screening and prosecuting 
 a petition filed under Article II of the Juvenile 
 Court Act of 1987 alleging abuse or neglect relating 
 to the same child, a sibling of the child, the same 
 perpetrator, or a child or perpetrator in the same 
 household as the child for whom the petition is being 
 filed.
  (3) The parties to the proceedings
filed under Article 
 II of the Juvenile Court Act of 1987 are entitled to 
 receive
copies of unfounded reports regarding the same 
 child, a sibling of the
child, the same perpetrator, or a 
 child or perpetrator in the same household as the child 
 for purposes of hearings under Sections 2-10 and 2-21 of 
 the Juvenile Court Act of 1987.
  (4) Attorneys and guardians ad litem appointed under

 Article II of the Juvenile Court Act of 1987 shall receive 
 the
reports set forth in Section 7.14 of this Act in 
 conformance with paragraph
(19) of subsection (a) of 
 Section 11.1 and Section 7.14 of this Act. 
  (5) The Department of Public Health shall receive 
 information from unfounded reports involving children 
 alleged to have been abused or neglected while 
 hospitalized, including while hospitalized in freestanding 
 psychiatric hospitals licensed by the Department of Public 
 Health, as necessary for the Department of Public Health 
 to conduct its licensing investigation. 
  (6) The Department is authorized and required to 
 release information from unfounded reports, upon request 
 by a person who has access to the unfounded report as 
 provided in this Act, as necessary in its determination to 
 protect children and adult residents who are in child care 
 facilities licensed by the Department under the Child Care 
 Act of 1969. The names and other
identifying data and the 
 dates and the circumstances of any persons
requesting or 
 receiving information from the central register shall be

 entered in the register record.

(Source: P.A. 101-43, eff. 1-1-20; 102-532, eff. 8-20-21; 
revised 11-24-21.)

 Section 525. The Early Intervention Services System Act is 
amended by changing Section 11 as follows:




 (325 ILCS 20/11) (from Ch. 23, par. 4161)



 Sec. 11. Individualized Family Service Plans. 

 (a) Each eligible infant or toddler and that infant's or 
toddler's family
shall receive:


  (1) timely, comprehensive, multidisciplinary 
 assessment of the unique
strengths and needs of each 
 eligible infant and toddler, and assessment of the 
 concerns
and priorities of the families to appropriately 
 assist them in meeting
their needs and identify supports 
 and services to meet those needs; and


  (2) a written Individualized Family Service Plan 
 developed by a
multidisciplinary team which includes the 
 parent or guardian. The
individualized family service plan 
 shall be based on the
multidisciplinary team's assessment 
 of the resources, priorities,
and concerns of the family 
 and its identification of the supports
and services 
 necessary to enhance the family's capacity to meet the

 developmental needs of the infant or toddler, and shall 
 include the
identification of services appropriate to meet 
 those needs, including the
frequency, intensity, and 
 method of delivering services. During and as part of
the 
 initial development of the individualized family services 
 plan, and any
periodic reviews of the plan, the 
 multidisciplinary team may seek consultation from the lead

 agency's designated experts, if any, to help
determine 
 appropriate services and the frequency and intensity of 
 those
services. All services in the individualized family 
 services plan must be
justified by the multidisciplinary 
 assessment of the unique strengths and
needs of the infant 
 or toddler and must be appropriate to meet those needs.
At 
 the periodic reviews, the team shall determine whether 
 modification or
revision of the outcomes or services is 
 necessary.

 (b) The Individualized Family Service Plan shall be 
evaluated once a year
and the family shall be provided a review 
of the Plan at 6-month 6 month intervals or
more often where 
appropriate based on infant or toddler and family needs.
The 
lead agency shall create a quality review process regarding 
Individualized
Family Service Plan development and changes 
thereto, to monitor
and help ensure assure that resources are 
being used to provide appropriate early
intervention services.

 (c) The initial evaluation and initial assessment and 
initial
Plan meeting must be held within 45 days after the 
initial
contact with the early intervention services system. 
The 45-day timeline does not apply for any period when the 
child or parent is unavailable to complete the initial 
evaluation, the initial assessments of the child and family, 
or the initial Plan meeting, due to exceptional family 
circumstances that are documented in the child's early 
intervention records, or when the parent has not provided 
consent for the initial evaluation or the initial assessment 
of the child despite documented, repeated attempts to obtain 
parental consent. As soon as exceptional family circumstances 
no longer exist or parental consent has been obtained, the 
initial evaluation, the initial assessment, and the initial 
Plan meeting must be completed as soon as possible. With 
parental consent,
early intervention services may commence 
before the completion of the
comprehensive assessment and 
development of the Plan.

 (d) Parents must be informed that early
intervention

services shall be provided to each eligible infant and 
toddler, to the maximum extent appropriate, in the natural

environment, which may include the home or other community 
settings. Parents must also be informed of the availability of 
early intervention services provided through telehealth 
services. Parents
shall make
the final decision to accept or 
decline
early intervention services, including whether 
accepted services are delivered in person or via telehealth 
services. A decision to decline such services shall
not be a 
basis for administrative determination of parental fitness, or

other findings or sanctions against the parents. Parameters of 
the Plan
shall be set forth in rules.

 (e) The regional intake offices shall explain to each 
family, orally and
in
writing, all of the following:


  (1) That the early intervention program will pay for 
 all early
intervention services set forth in the 
 individualized family service plan that
are not
covered or 
 paid under the family's public or private insurance plan 
 or policy
and not
eligible for payment through any other 
 third party payor.


  (2) That services will not be delayed due to any rules 
 or restrictions
under the family's insurance plan or 
 policy.


  (3) That the family may request, with appropriate 
 documentation
supporting the request, a
determination of 
 an exemption from private insurance use under
Section 
 13.25.


  (4) That responsibility for co-payments or

 co-insurance under a family's private insurance
plan or 
 policy will be transferred to the lead
agency's central 
 billing office.


  (5) That families will be responsible
for payments of 
 family fees,
which will be based on a sliding scale

 according to the State's definition of ability to pay 
 which is comparing household size and income to the 
 sliding scale and considering out-of-pocket medical or 
 disaster expenses, and that these fees
are payable to the 
 central billing office. Families who fail to provide 
 income information shall be charged the maximum amount on 
 the sliding scale. 

 (f) The individualized family service plan must state 
whether the family
has private insurance coverage and, if the 
family has such coverage, must
have attached to it a copy of 
the family's insurance identification card or
otherwise

include all of the following information:


  (1) The name, address, and telephone number of the 
 insurance
carrier.


  (2) The contract number and policy number of the 
 insurance plan.


  (3) The name, address, and social security number of 
 the primary
insured.


  (4) The beginning date of the insurance benefit year.

 (g) A copy of the individualized family service plan must 
be provided to
each enrolled provider who is providing early 
intervention services to the
child
who is the subject of that 
plan.

 (h) Children receiving services under this Act shall 
receive a smooth and effective transition by their third 
birthday consistent with federal regulations adopted pursuant 
to Sections 1431 through 1444 of Title 20 of the United States 
Code. Beginning January 1, 2022, children who receive early 
intervention services prior to their third birthday and are 
found eligible for an individualized education program under 
the Individuals with Disabilities Education Act, 20 U.S.C. 
1414(d)(1)(A), and under Section 14-8.02 of the School Code 
and whose birthday falls between May 1 and August 31 may 
continue to receive early intervention services until the 
beginning of the school year following their third birthday in 
order to minimize gaps in services, ensure better continuity 
of care, and align practices for the enrollment of preschool 
children with special needs to the enrollment practices of 
typically developing preschool children. 
(Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21; 
102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for 
effective date of P.A. 102-209); revised 12-1-21.)


 Section 530. The Sexual Assault Survivors Emergency 
Treatment Act is amended by changing Sections 1a, 5, and 6.4 as 
follows:



 (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)


 Sec. 1a. Definitions.  
 (a) In this Act:

 "Advanced practice registered nurse" has the meaning 
provided in Section 50-10 of the Nurse Practice Act. 
 "Ambulance provider" means an individual or entity that 
owns and operates a business or service using ambulances or 
emergency medical services vehicles to transport emergency 
patients.

 "Approved pediatric health care facility" means a health 
care facility, other than a hospital, with a sexual assault 
treatment plan approved by the Department to provide medical 
forensic services to pediatric sexual assault survivors who 
present with a complaint of sexual assault within a minimum of 
the last 7 days or who have disclosed past sexual assault by a 
specific individual and were in the care of that individual 
within a minimum of the last 7 days. 
 "Areawide sexual assault treatment plan" means a plan, 
developed by hospitals or by hospitals and approved pediatric 
health care facilities in a community or area to be served, 
which provides for medical forensic services to sexual assault 
survivors that shall be made available by each of the 
participating hospitals and approved pediatric health care 
facilities.

 "Board-certified child abuse pediatrician" means a 
physician certified by the American Board of Pediatrics in 
child abuse pediatrics.
 "Board-eligible child abuse pediatrician" means a 
physician who has completed the requirements set forth by the 
American Board of Pediatrics to take the examination for 
certification in child abuse pediatrics. 
 "Department" means the Department of Public Health.

 "Emergency contraception" means medication as approved by 
the federal Food and Drug Administration (FDA) that can 
significantly reduce the risk of pregnancy if taken within 72 
hours after sexual assault.

 "Follow-up healthcare" means healthcare services related 
to a sexual assault, including laboratory services and 
pharmacy services, rendered within 90 days of the initial 
visit for medical forensic services.

 "Health care professional" means a physician, a physician 
assistant, a sexual assault forensic examiner, an advanced 
practice registered nurse, a registered professional nurse, a 
licensed practical nurse, or a sexual assault nurse examiner.

 "Hospital" means a hospital licensed under the Hospital 
Licensing Act or operated under the University of Illinois 
Hospital Act, any outpatient center included in the hospital's 
sexual assault treatment plan where hospital employees provide 
medical forensic services, and an out-of-state hospital that 
has consented to the jurisdiction of the Department under 
Section 2.06.

 "Illinois State Police Sexual Assault Evidence Collection 
Kit" means a prepackaged set of materials and forms to be used 
for the collection of evidence relating to sexual assault. The 
standardized evidence collection kit for the State of Illinois 
shall be the Illinois State Police Sexual Assault Evidence 
Collection Kit.

 "Law enforcement agency having jurisdiction" means the law 
enforcement agency in the jurisdiction where an alleged sexual 
assault or sexual abuse occurred.
 "Licensed practical nurse" has the meaning provided in 
Section 50-10 of the Nurse Practice Act. 
 "Medical forensic services" means health care delivered to 
patients within or under the care and supervision of personnel 
working in a designated emergency department of a hospital or 
an approved pediatric health care facility. "Medical forensic 
services" includes, but is not limited to, taking a medical 
history, performing photo documentation, performing a physical 
and anogenital examination, assessing the patient for evidence 
collection, collecting evidence in accordance with a statewide 
sexual assault evidence collection program administered by the 
Illinois State Police using the Illinois State Police Sexual 
Assault Evidence Collection Kit, if appropriate, assessing the 
patient for drug-facilitated or alcohol-facilitated sexual 
assault, providing an evaluation of and care for sexually 
transmitted infection and human immunodeficiency virus (HIV), 
pregnancy risk evaluation and care, and discharge and 
follow-up healthcare planning. 
 "Pediatric health care facility" means a clinic or 
physician's office that provides medical services to pediatric 
patients.
 "Pediatric sexual assault survivor" means a person under 
the age of 13 who presents for medical forensic services in 
relation to injuries or trauma resulting from a sexual 
assault.
 "Photo documentation" means digital photographs or 
colposcope videos stored and backed up securely in the 
original file format. 
 "Physician" means a person licensed to practice medicine 
in all its branches.

 "Physician assistant" has the meaning provided in Section 
4 of the Physician Assistant Practice Act of 1987.
 "Prepubescent sexual assault survivor" means a female who 
is under the age of 18 years and has not had a first menstrual 
cycle or a male who is under the age of 18 years and has not 
started to develop secondary sex characteristics who presents 
for medical forensic services in relation to injuries or 
trauma resulting from a sexual assault.
 "Qualified medical provider" means a board-certified child 
abuse pediatrician, board-eligible child abuse pediatrician, a 
sexual assault forensic examiner, or a sexual assault nurse 
examiner who has access to photo documentation tools, and who 
participates in peer review. 
 "Registered Professional Nurse" has the meaning provided 
in Section 50-10 of the Nurse Practice Act. 
 "Sexual assault" means:
  (1) an act of sexual conduct; as used in this 
 paragraph, "sexual conduct" has the meaning provided under 
 Section 11-0.1 of the Criminal Code of 2012; or
  (2) any act of sexual penetration; as used in this 
 paragraph, "sexual penetration" has the meaning provided 
 under Section 11-0.1 of the Criminal Code of 2012 and 
 includes, without limitation, acts prohibited under 
 Sections 11-1.20 through 11-1.60 of the Criminal Code of 
 2012.

 "Sexual assault forensic examiner" means a physician or 
physician assistant who has completed training that meets or 
is substantially similar to the Sexual Assault Nurse Examiner 
Education Guidelines established by the International 
Association of Forensic Nurses.
 "Sexual assault nurse examiner" means an advanced practice 
registered nurse or registered professional nurse who has 
completed a sexual assault nurse examiner training program 
that meets the Sexual Assault Nurse Examiner Education 
Guidelines established by the International Association of 
Forensic Nurses.
 "Sexual assault services voucher" means a document 
generated by a hospital or approved pediatric health care 
facility at the time the sexual assault survivor receives 
outpatient medical forensic services that may be used to seek 
payment for any ambulance services, medical forensic services, 
laboratory services, pharmacy services, and follow-up 
healthcare provided as a result of the sexual assault. 
 "Sexual assault survivor" means a person who presents for 
medical forensic services in relation to injuries or trauma 
resulting from a sexual assault.

 "Sexual assault transfer plan" means a written plan 
developed by a hospital and approved by the Department, which 
describes the hospital's procedures for transferring sexual 
assault survivors to another hospital, and an approved 
pediatric health care facility, if applicable, in order to 
receive medical forensic services.
 "Sexual assault treatment plan" means a written plan that 
describes the procedures and protocols for providing medical 
forensic services to sexual assault survivors who present 
themselves for such services, either directly or through 
transfer from a hospital or an approved pediatric health care 
facility.

 "Transfer hospital" means a hospital with a sexual assault 
transfer plan approved by the Department. 
 "Transfer services" means the appropriate medical 
screening examination and necessary stabilizing treatment 
prior to the transfer of a sexual assault survivor to a 
hospital or an approved pediatric health care facility that 
provides medical forensic services to sexual assault survivors 
pursuant to a sexual assault treatment plan or areawide sexual 
assault treatment plan.

 "Treatment hospital" means a hospital with a sexual 
assault treatment plan approved by the Department to provide 
medical forensic services to all sexual assault survivors who 
present with a complaint of sexual assault within a minimum of 
the last 7 days or who have disclosed past sexual assault by a 
specific individual and were in the care of that individual 
within a minimum of the last 7 days.
 "Treatment hospital with approved pediatric transfer" 
means a hospital with a treatment plan approved by the 
Department to provide medical forensic services to sexual 
assault survivors 13 years old or older who present with a 
complaint of sexual assault within a minimum of the last 7 days 
or who have disclosed past sexual assault by a specific 
individual and were in the care of that individual within a 
minimum of the last 7 days. 
 (b) This Section is effective on and after January 1, 2024 
2022. 
(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; 
102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff. 
11-30-21; revised 12-16-21.)




 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)


 Sec. 5. Minimum requirements for medical forensic services 
provided to sexual assault survivors by hospitals and approved 
pediatric health care facilities.

 (a) Every hospital and approved pediatric health care 
facility providing medical forensic services to
sexual assault 
survivors under this Act
shall, as minimum requirements for 
such services, provide, with the consent
of the sexual assault 
survivor, and as ordered by the attending
physician, an 
advanced practice registered nurse, or a physician assistant, 
the services set forth in subsection (a-5).

 Beginning January 1, 2023, a qualified medical provider 
must provide the services set forth in subsection (a-5). 
 (a-5) A treatment hospital, a treatment hospital with 
approved pediatric transfer, or an approved pediatric health 
care facility shall provide the following services in 
accordance with subsection (a): 
  (1) Appropriate medical forensic services without 
 delay, in a private, age-appropriate or 
 developmentally-appropriate space, required to ensure the 
 health, safety, and welfare
of a sexual assault survivor 
 and which may be
used as evidence in a criminal proceeding 
 against a person accused of the
sexual assault, in a 
 proceeding under the Juvenile Court Act of 1987, or in an 
 investigation under the Abused and Neglected Child 
 Reporting Act.
  Records of medical forensic services, including 
 results of examinations and tests, the Illinois State 
 Police Medical Forensic Documentation Forms, the Illinois 
 State Police Patient Discharge Materials, and the Illinois 
 State Police Patient Consent: Collect and Test Evidence or 
 Collect and Hold Evidence Form, shall be maintained by the 
 hospital or approved pediatric health care facility as 
 part of the patient's electronic medical record. 
  Records of medical forensic services of sexual assault 
 survivors under the age of 18 shall be retained by the 
 hospital for a period of 60 years after the sexual assault 
 survivor reaches the age of 18. Records of medical 
 forensic services of sexual assault survivors 18 years of 
 age or older shall be retained by the hospital for a period 
 of 20 years after the date the record was created. 
  Records of medical forensic services may only be 
 disseminated in accordance with Section 6.5 of this Act 
 and other State and federal law. 

  (1.5) An offer to complete the Illinois Sexual Assault 
 Evidence Collection Kit for any sexual assault survivor 
 who presents within a minimum of the last 7 days of the 
 assault or who has disclosed past sexual assault by a 
 specific individual and was in the care of that individual 
 within a minimum of the last 7 days. 
   (A) Appropriate oral and written information 
 concerning evidence-based guidelines for the 
 appropriateness of evidence collection depending on 
 the sexual development of the sexual assault survivor, 
 the type of sexual assault, and the timing of the 
 sexual assault shall be provided to the sexual assault 
 survivor. Evidence collection is encouraged for 
 prepubescent sexual assault survivors who present to a 
 hospital or approved pediatric health care facility 
 with a complaint of sexual assault within a minimum of 
 96 hours after the sexual assault. 
   Before January 1, 2023, the information required 
 under this subparagraph shall be provided in person by 
 the health care professional providing medical 
 forensic services directly to the sexual assault 
 survivor.
   On and after January 1, 2023, the information 
 required under this subparagraph shall be provided in 
 person by the qualified medical provider providing 
 medical forensic services directly to the sexual 
 assault survivor.
   The written information provided shall be the 
 information created in accordance with Section 10 of 
 this Act. 
   (B) Following the discussion regarding the 
 evidence-based guidelines for evidence collection in 
 accordance with subparagraph (A), evidence collection 
 must be completed at the sexual assault survivor's 
 request. A sexual assault nurse examiner conducting an 
 examination using the Illinois State Police Sexual 
 Assault Evidence Collection Kit may do so without the 
 presence or participation of a physician.
  (2) Appropriate oral and written information 
 concerning the possibility
of infection, sexually 
 transmitted infection, including an evaluation of the 
 sexual assault survivor's risk of contracting human 
 immunodeficiency virus (HIV) from sexual assault, and 
 pregnancy
resulting from sexual assault.

  (3) Appropriate oral and written information 
 concerning accepted medical
procedures, laboratory tests, 
 medication, and possible contraindications of such 
 medication
available for the prevention or treatment of 
 infection or disease resulting
from sexual assault.

  (3.5) After a medical evidentiary or physical 
 examination, access to a shower at no cost, unless 
 showering facilities are unavailable.
  (4) An amount of medication, including HIV 
 prophylaxis, for treatment at the hospital or approved 
 pediatric health care facility and after discharge as is 
 deemed appropriate by the attending physician, an advanced 
 practice registered nurse, or a physician assistant in 
 accordance with the Centers for Disease Control and 
 Prevention guidelines and consistent with the hospital's 
 or approved pediatric health care facility's current 
 approved protocol for sexual assault survivors.

  (5) Photo documentation of the sexual assault 
 survivor's injuries, anatomy involved in the assault, or 
 other visible evidence on the sexual assault survivor's 
 body to supplement the medical forensic history and 
 written documentation of physical findings and evidence 
 beginning July 1, 2019. Photo documentation does not 
 replace written documentation of the injury.

  (6) Written and oral instructions indicating the need 
 for follow-up examinations and laboratory tests after the 
 sexual assault to determine the presence or absence of

 sexually transmitted infection.

  (7) Referral by hospital or approved pediatric health 
 care facility personnel for appropriate counseling.

  (8) Medical advocacy services provided by a rape 
 crisis counselor whose communications are protected under 
 Section 8-802.1 of the Code of Civil Procedure, if there 
 is a memorandum of understanding between the hospital or 
 approved pediatric health care facility and a rape crisis 
 center. With the consent of the sexual assault survivor, a 
 rape crisis counselor shall remain in the exam room during 
 the medical forensic examination.

  (9) Written information regarding services provided by 
 a Children's Advocacy Center and rape crisis center, if 
 applicable. 
  (10) A treatment hospital, a treatment hospital with 
 approved pediatric transfer, an out-of-state hospital as 
 defined in Section 5.4, or an approved pediatric health 
 care facility shall comply with the rules relating to the 
 collection and tracking of sexual assault evidence adopted 
 by the Illinois State Police under Section 50 of the 
 Sexual Assault Evidence Submission Act. 
  (11) Written information regarding the Illinois State 
 Police sexual assault evidence tracking system. 
 (a-7) By January 1, 2023, every hospital with a treatment 
plan approved by the Department shall employ or contract with 
a qualified medical provider to initiate medical forensic 
services to a sexual assault survivor within 90 minutes of the 
patient presenting to the treatment hospital or treatment 
hospital with approved pediatric transfer. The provision of 
medical forensic services by a qualified medical provider 
shall not delay the provision of life-saving medical care. 
 (b) Any person who is a sexual assault survivor who seeks 
medical forensic services or follow-up healthcare
under this 
Act shall be provided such services without the consent
of any 
parent, guardian, custodian, surrogate, or agent. If a sexual 
assault survivor is unable to consent to medical forensic 
services, the services may be provided under the Consent by 
Minors to Health Care Services Medical Procedures Act, the 
Health Care Surrogate Act, or other applicable State and 
federal laws. 

 (b-5) Every hospital or approved pediatric health care 
facility providing medical forensic services to sexual assault 
survivors shall issue a voucher to any sexual assault survivor 
who is eligible to receive one in accordance with Section 5.2 
of this Act. The hospital shall make a copy of the voucher and 
place it in the medical record of the sexual assault survivor. 
The hospital shall provide a copy of the voucher to the sexual 
assault survivor after discharge upon request.
 (c) Nothing in this Section creates a physician-patient 
relationship that extends beyond discharge from the hospital 
or approved pediatric health care facility.

 (d) This Section is effective on and after January 1, 2024 
2022. 
(Source: P.A. 101-81, eff. 7-12-19; 101-377, eff. 8-16-19; 
101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff. 
8-20-21; 102-674, eff. 11-30-21; revised 12-16-21.)




 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)


 Sec. 6.4. Sexual assault evidence collection program. 

 (a) There is created a statewide sexual assault evidence 
collection program
to facilitate the prosecution of persons 
accused of sexual assault. This
program shall be administered 
by the Illinois
State Police. The program shall
consist of the 
following: (1) distribution of sexual assault evidence

collection kits which have been approved by the Illinois
State 
Police to hospitals and approved pediatric health care 
facilities that request them, or arranging for
such 
distribution by the manufacturer of the kits, (2) collection 
of the kits
from hospitals and approved pediatric health care 
facilities after the kits have been used to collect
evidence, 
(3) analysis of the collected evidence and conducting of 
laboratory
tests, (4) maintaining the chain of custody and 
safekeeping of the evidence
for use in a legal proceeding, and 
(5) the comparison of the collected evidence with the genetic 
marker grouping analysis information maintained by the 
Illinois State Police under Section 5-4-3 of the Unified Code 
of Corrections and with the information contained in the 
Federal Bureau of Investigation's National DNA database; 
provided the amount and quality of genetic marker grouping 
results obtained from the evidence in the sexual assault case 
meets the requirements of both the Illinois State Police and 
the Federal Bureau of Investigation's Combined DNA Index 
System (CODIS) policies. The standardized evidence collection 
kit for
the State of Illinois shall be the Illinois State 
Police Sexual Assault Evidence Kit and shall include a written 
consent form authorizing law enforcement to test the sexual 
assault evidence and to provide law enforcement with details 
of the sexual assault.

 (a-5) (Blank).

 (b) The Illinois State Police shall administer a program 
to train hospital and approved pediatric health care facility 
personnel participating in the sexual assault evidence 
collection
program, in the correct use and application of the 
sexual assault evidence
collection kits. The Department
shall

cooperate with the Illinois State Police in this
program as it 
pertains to medical aspects of the evidence collection.

 (c) (Blank).

 (d) This Section is effective on and after January 1, 2024 
2022. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 
102-538, eff. 8-20-21; 102-674, eff. 11-30-21; revised 
12-16-21.)


 Section 535. The Compassionate Use of Medical Cannabis 
Program Act is amended by changing Sections 100 and 145 as 
follows:

 (410 ILCS 130/100)

 Sec. 100. Cultivation center agent identification card. 
 (a) The Department of Agriculture shall:

  (1) verify the information contained in an application 
 or renewal for a cultivation center identification card 
 submitted under this Act, and approve or deny an 
 application or renewal, within 30 days of receiving a 
 completed application or renewal application and all 
 supporting documentation required by rule;

  (2) issue a cultivation center agent identification 
 card to a qualifying agent within 15 business days of 
 approving the application or renewal;

  (3) enter the registry identification number of the 
 cultivation center where the agent works; and

  (4) allow for an electronic application process, and 
 provide a confirmation by electronic or other methods that 
 an application has been submitted.

 (b) A cultivation center agent must keep his or her 
identification card visible at all times when on the property 
of a cultivation center and during the transportation of 
medical cannabis to a registered dispensary organization.

 (c) The cultivation center agent identification cards 
shall contain the following:

  (1) the name of the cardholder;

  (2) the date of issuance and expiration date of 
 cultivation center agent identification cards;

  (3) a random 10-digit 10 digit alphanumeric 
 identification number containing at least 4 numbers and at 
 least 4 letters; that is unique to the holder; and

  (4) a photograph of the cardholder.

 (d) The cultivation center agent identification cards 
shall be immediately returned to the cultivation center upon 
termination of employment.

 (e) Any card lost by a cultivation center agent shall be 
reported to the Illinois State Police and the Department of 
Agriculture immediately upon discovery of the loss.

 (f) An applicant shall be denied a cultivation center 
agent identification card if he or she has been convicted of an 
excluded offense.

 (g) An agent applicant may begin employment at a 
cultivation center while the agent applicant's identification 
card application is pending. Upon approval, the Department 
shall issue the agent's identification card to the agent. If 
denied, the cultivation center and the agent applicant shall 
be notified and the agent applicant must cease all activity at 
the cultivation center immediately. 

(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 
revised 10-14-21.)

 (410 ILCS 130/145)

 Sec. 145. Confidentiality. 
 (a) The following information received and records kept by 
the
Department of Public Health, Department of Financial and 
Professional Regulation, Department of Agriculture, or 
Illinois State Police for purposes of administering this Act 
are subject to all applicable federal privacy laws, 
confidential, and exempt from the Freedom of Information Act, 
and not subject to disclosure to any individual or public or 
private entity, except as necessary for authorized employees 
of those authorized agencies to perform official duties under 
this Act and the following information received and records 
kept by Department of Public Health, Department of 
Agriculture, Department of Financial and Professional 
Regulation, and Illinois State Police, excluding any existing 
or non-existing Illinois or national criminal history record 
information as defined in subsection (d), may be disclosed to 
each other upon request:

  (1) Applications and renewals, their contents, and 
 supporting information submitted by qualifying patients 
 and designated caregivers, including information regarding 
 their designated caregivers and certifying health care 
 professionals.

  (2) Applications and renewals, their contents, and 
 supporting information submitted by or on behalf of 
 cultivation centers and dispensing organizations in 
 compliance with this Act, including their physical 
 addresses. This does not preclude the release of ownership 
 information of cannabis business establishment licenses.

  (3) The individual names and other information 
 identifying persons to whom the Department of Public 
 Health has issued registry identification cards.

  (4) Any dispensing information required to be kept 
 under Section 135, Section 150, or Department of Public 
 Health, Department of Agriculture, or Department of 
 Financial and Professional Regulation rules shall identify 
 cardholders and registered cultivation centers by their 
 registry identification numbers and medical cannabis 
 dispensing organizations by their registration number and 
 not contain names or other personally identifying 
 information.

  (5) All medical records provided to the Department of 
 Public Health in connection with an application for a 
 registry card.

 (b) Nothing in this Section precludes the following:

  (1) Department of Agriculture, Department of Financial 
 and Professional Regulation, or Public Health employees 
 may notify law enforcement about falsified or fraudulent 
 information submitted to the Departments if the employee 
 who suspects that falsified or fraudulent information has 
 been submitted conferred with his or her supervisor and 
 both agree that circumstances exist that warrant 
 reporting.

  (2) If the employee conferred with his or her 
 supervisor and both agree that circumstances exist that 
 warrant reporting, Department of Public Health employees 
 may notify the Department of Financial and Professional 
 Regulation if there is reasonable cause to believe a 
 certifying health care professional:

   (A) issued a written certification without a bona 
 fide health care professional-patient relationship 
 under this Act;

   (B) issued a written certification to a person who 
 was not under the certifying health care 
 professional's care for the debilitating medical 
 condition; or

   (C) failed to abide by the acceptable and 
 prevailing standard of care when evaluating a 
 patient's medical condition.

  (3) The Department of Public Health, Department of 
 Agriculture, and Department of Financial and Professional 
 Regulation may notify State or local law enforcement about 
 apparent criminal violations of this Act if the employee 
 who suspects the offense has conferred with his or her 
 supervisor and both agree that circumstances exist that 
 warrant reporting.

  (4) Medical cannabis cultivation center agents and 
 medical cannabis dispensing organizations may notify the 
 Department of Public Health, Department of Financial and 
 Professional Regulation, or Department of Agriculture of a 
 suspected violation or attempted violation of this Act or 
 the rules issued under it.

  (5) Each Department may verify registry identification 
 cards under Section 150.

  (6) The submission of the report to the General 
 Assembly under Section 160.

 (b-5) Each Department responsible for licensure under this 
Act shall publish on the Department's website a list of the 
ownership information of cannabis business establishment 
licensees under the Department's jurisdiction. The list shall 
include, but shall not be limited to, the name of the person or 
entity holding each cannabis business establishment license 
and the address at which the entity is operating under this 
Act. This list shall be published and updated monthly. 
 (c) Except for any ownership information released pursuant 
to subsection (b-5) or as otherwise authorized or required by 
law, it is a Class B misdemeanor with a $1,000 fine for any 
person, including an employee or official of the Department of 
Public Health, Department of Financial and Professional 
Regulation, or Department of Agriculture or another State 
agency or local government, to breach the confidentiality of 
information obtained under this Act.


 (d) The Department of Public Health, the Department of 
Agriculture, the Illinois State Police, and the Department of 
Financial and Professional Regulation shall not share or 
disclose any existing or non-existing Illinois or national 
criminal history record information. For the purposes of this 
Section, "any existing or non-existing Illinois or national 
criminal history record information" means any Illinois or 
national criminal history record information, including but 
not limited to the lack of or non-existence of these records. 
(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21; 
102-538, eff. 8-20-21; revised 10-12-21.)

 Section 540. The Cannabis Regulation and Tax Act is 
amended by changing Sections 1-10, 15-25, 15-30, 15-40, 
15-135, 20-30, 25-30, 25-35, 30-30, 35-25, 35-30, 40-25, 
40-30, and 55-30 as follows:

 (410 ILCS 705/1-10)

 Sec. 1-10. Definitions. In this Act:
 "Adult Use Cultivation Center License" means a license 
issued by the Department of Agriculture that permits a person 
to act as a cultivation center under this Act and any 
administrative rule made in furtherance of this Act.
 "Adult Use Dispensing Organization License" means a 
license issued by the Department of Financial and Professional 
Regulation that permits a person to act as a dispensing 
organization under this Act and any administrative rule made 
in furtherance of this Act.
 "Advertise" means to engage in promotional activities 
including, but not limited to: newspaper, radio, Internet and 
electronic media, and television advertising; the distribution 
of fliers and circulars; billboard advertising; and the 
display of window and interior signs. "Advertise" does not 
mean exterior signage displaying only the name of the licensed 
cannabis business establishment. 
 "Application points" means the number of points a 
Dispensary Applicant receives on an application for a 
Conditional Adult Use Dispensing Organization License. 
 "BLS Region" means a region in Illinois used by the United 
States Bureau of Labor Statistics to gather and categorize 
certain employment and wage data. The 17 such regions in 
Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, 
Champaign-Urbana, Chicago-Naperville-Elgin, Danville, 
Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, 
Rockford, St. Louis, Springfield, Northwest Illinois 
nonmetropolitan area, West Central Illinois nonmetropolitan 
area, East Central Illinois nonmetropolitan area, and South 
Illinois nonmetropolitan area. 
 "By lot" means a randomized method of choosing between 2 
or more Eligible Tied Applicants or 2 or more Qualifying 
Applicants.
 "Cannabis" means marijuana, hashish, and other substances 
that are identified as including any parts of the plant 
Cannabis sativa and including derivatives or subspecies, such 
as indica, of all strains of cannabis, whether growing or not; 
the seeds thereof, the resin extracted from any part of the 
plant; and any compound, manufacture, salt, derivative, 
mixture, or preparation of the plant, its seeds, or resin, 
including tetrahydrocannabinol (THC) and all other naturally 
produced cannabinol derivatives, whether produced directly or 
indirectly by extraction; however, "cannabis" does not include 
the mature stalks of the plant, fiber produced from the 
stalks, oil or cake made from the seeds of the plant, any other 
compound, manufacture, salt, derivative, mixture, or 
preparation of the mature stalks (except the resin extracted 
from it), fiber, oil or cake, or the sterilized seed of the 
plant that is incapable of germination. "Cannabis" does not 
include industrial hemp as defined and authorized under the 
Industrial Hemp Act. "Cannabis" also means cannabis flower, 
concentrate, and cannabis-infused products.
 "Cannabis business establishment" means a cultivation 
center, craft grower, processing organization, infuser 
organization, dispensing organization, or transporting 
organization.
 "Cannabis concentrate" means a product derived from 
cannabis that is produced by extracting cannabinoids, 
including tetrahydrocannabinol (THC), from the plant through 
the use of propylene glycol, glycerin, butter, olive oil, or 
other typical cooking fats; water, ice, or dry ice; or butane, 
propane, CO2, ethanol, or isopropanol and with the intended 
use of smoking or making a cannabis-infused product. The use 
of any other solvent is expressly prohibited unless and until 
it is approved by the Department of Agriculture.
 "Cannabis container" means a sealed or resealable, 
traceable, container, or package used for the purpose of 
containment of cannabis or cannabis-infused product during 
transportation.
 "Cannabis flower" means marijuana, hashish, and other 
substances that are identified as including any parts of the 
plant Cannabis sativa and including derivatives or subspecies, 
such as indica, of all strains of cannabis; including raw 
kief, leaves, and buds, but not resin that has been extracted 
from any part of such plant; nor any compound, manufacture, 
salt, derivative, mixture, or preparation of such plant, its 
seeds, or resin.
 "Cannabis-infused product" means a beverage, food, oil, 
ointment, tincture, topical formulation, or another product 
containing cannabis or cannabis concentrate that is not 
intended to be smoked.
 "Cannabis paraphernalia" means equipment, products, or 
materials intended to be used for planting, propagating, 
cultivating, growing, harvesting, manufacturing, producing, 
processing, preparing, testing, analyzing, packaging, 
repackaging, storing, containing, concealing, ingesting, or 
otherwise introducing cannabis into the human body. 
 "Cannabis plant monitoring system" or "plant monitoring 
system" means a system that includes, but is not limited to, 
testing and data collection established and maintained by the 
cultivation center, craft grower, or processing organization 
and that is available to the Department of Revenue, the 
Department of Agriculture, the Department of Financial and 
Professional Regulation, and the Illinois State Police for the 
purposes of documenting each cannabis plant and monitoring 
plant development throughout the life cycle of a cannabis 
plant cultivated for the intended use by a customer from seed 
planting to final packaging.
 "Cannabis testing facility" means an entity registered by 
the Department of Agriculture to test cannabis for potency and 
contaminants.
 "Clone" means a plant section from a female cannabis plant 
not yet rootbound, growing in a water solution or other 
propagation matrix, that is capable of developing into a new 
plant.
 "Community College Cannabis Vocational Training Pilot 
Program faculty participant" means a person who is 21 years of 
age or older, licensed by the Department of Agriculture, and 
is employed or contracted by an Illinois community college to 
provide student instruction using cannabis plants at an 
Illinois Community College.
 "Community College Cannabis Vocational Training Pilot 
Program faculty participant Agent Identification Card" means a 
document issued by the Department of Agriculture that 
identifies a person as a Community College Cannabis Vocational 
Training Pilot Program faculty participant.
 "Conditional Adult Use Dispensing Organization License" 
means a contingent license awarded to applicants for an Adult 
Use Dispensing Organization License that reserves the right to 
an Adult Use Dispensing Organization License if the applicant 
meets certain conditions described in this Act, but does not 
entitle the recipient to begin purchasing or selling cannabis 
or cannabis-infused products.
 "Conditional Adult Use Cultivation Center License" means a 
license awarded to top-scoring applicants for an Adult Use 
Cultivation Center License that reserves the right to an Adult 
Use Cultivation Center License if the applicant meets certain 
conditions as determined by the Department of Agriculture by 
rule, but does not entitle the recipient to begin growing, 
processing, or selling cannabis or cannabis-infused products.
 "Craft grower" means a facility operated by an 
organization or business that is licensed by the Department of 
Agriculture to cultivate, dry, cure, and package cannabis and 
perform other necessary activities to make cannabis available 
for sale at a dispensing organization or use at a processing 
organization. A craft grower may contain up to 5,000 square 
feet of canopy space on its premises for plants in the 
flowering state. The Department of Agriculture may authorize 
an increase or decrease of flowering stage cultivation space 
in increments of 3,000 square feet by rule based on market 
need, craft grower capacity, and the licensee's history of 
compliance or noncompliance, with a maximum space of 14,000 
square feet for cultivating plants in the flowering stage, 
which must be cultivated in all stages of growth in an enclosed 
and secure area. A craft grower may share premises with a 
processing organization or a dispensing organization, or both, 
provided each licensee stores currency and cannabis or 
cannabis-infused products in a separate secured vault to which 
the other licensee does not have access or all licensees 
sharing a vault share more than 50% of the same ownership. 
 "Craft grower agent" means a principal officer, board 
member, employee, or other agent of a craft grower who is 21 
years of age or older.
 "Craft Grower Agent Identification Card" means a document 
issued by the Department of Agriculture that identifies a 
person as a craft grower agent.
 "Cultivation center" means a facility operated by an 
organization or business that is licensed by the Department of 
Agriculture to cultivate, process, transport (unless otherwise 
limited by this Act), and perform other necessary activities 
to provide cannabis and cannabis-infused products to cannabis 
business establishments.
 "Cultivation center agent" means a principal officer, 
board member, employee, or other agent of a cultivation center 
who is 21 years of age or older.
 "Cultivation Center Agent Identification Card" means a 
document issued by the Department of Agriculture that 
identifies a person as a cultivation center agent.
 "Currency" means currency and coin of the United States.
 "Dispensary" means a facility operated by a dispensing 
organization at which activities licensed by this Act may 
occur.
 "Dispensary Applicant" means the Proposed Dispensing 
Organization Name as stated on an application for a 
Conditional Adult Use Dispensing Organization License. 
 "Dispensing organization" means a facility operated by an 
organization or business that is licensed by the Department of 
Financial and Professional Regulation to acquire cannabis from 
a cultivation center, craft grower, processing organization, 
or another dispensary for the purpose of selling or dispensing 
cannabis, cannabis-infused products, cannabis seeds, 
paraphernalia, or related supplies under this Act to 
purchasers or to qualified registered medical cannabis 
patients and caregivers. As used in this Act, "dispensing 
organization" includes a registered medical cannabis 
organization as defined in the Compassionate Use of Medical 
Cannabis Program Act or its successor Act that has obtained an 
Early Approval Adult Use Dispensing Organization License.
 "Dispensing organization agent" means a principal officer, 
employee, or agent of a dispensing organization who is 21 
years of age or older.
 "Dispensing organization agent identification card" means 
a document issued by the Department of Financial and 
Professional Regulation that identifies a person as a 
dispensing organization agent.
 "Disproportionately Impacted Area" means a census tract or 
comparable geographic area that satisfies the following 
criteria as determined by the Department of Commerce and 
Economic Opportunity, that: 
  (1) meets at least one of the following criteria: 
   (A) the area has a poverty rate of at least 20% 
 according to the latest federal decennial census; or 
   (B) 75% or more of the children in the area 
 participate in the federal free lunch program 
 according to reported statistics from the State Board 
 of Education; or 
   (C) at least 20% of the households in the area 
 receive assistance under the Supplemental Nutrition 
 Assistance Program; or
   (D) the area has an average unemployment rate, as 
 determined by the Illinois Department of Employment 
 Security, that is more than 120% of the national 
 unemployment average, as determined by the United 
 States Department of Labor, for a period of at least 2 
 consecutive calendar years preceding the date of the 
 application; and 
  (2) has high rates of arrest, conviction, and 
 incarceration related to the sale, possession, use, 
 cultivation, manufacture, or transport of cannabis.
 "Early Approval Adult Use Cultivation Center License" 
means a license that permits a medical cannabis cultivation 
center licensed under the Compassionate Use of Medical 
Cannabis Program Act as of the effective date of this Act to 
begin cultivating, infusing, packaging, transporting (unless 
otherwise provided in this Act), processing, and selling 
cannabis or cannabis-infused product to cannabis business 
establishments for resale to purchasers as permitted by this 
Act as of January 1, 2020.
 "Early Approval Adult Use Dispensing Organization License" 
means a license that permits a medical cannabis dispensing 
organization licensed under the Compassionate Use of Medical 
Cannabis Program Act as of the effective date of this Act to 
begin selling cannabis or cannabis-infused product to 
purchasers as permitted by this Act as of January 1, 2020.
 "Early Approval Adult Use Dispensing Organization at a 
secondary site" means a license that permits a medical 
cannabis dispensing organization licensed under the 
Compassionate Use of Medical Cannabis Program Act as of the 
effective date of this Act to begin selling cannabis or 
cannabis-infused product to purchasers as permitted by this 
Act on January 1, 2020 at a different dispensary location from 
its existing registered medical dispensary location.
 "Eligible Tied Applicant" means a Tied Applicant that is 
eligible to participate in the process by which a remaining 
available license is distributed by lot pursuant to a Tied 
Applicant Lottery. 
 "Enclosed, locked facility" means a room, greenhouse, 
building, or other enclosed area equipped with locks or other 
security devices that permit access only by cannabis business 
establishment agents working for the licensed cannabis 
business establishment or acting pursuant to this Act to 
cultivate, process, store, or distribute cannabis.
 "Enclosed, locked space" means a closet, room, greenhouse, 
building, or other enclosed area equipped with locks or other 
security devices that permit access only by authorized 
individuals under this Act. "Enclosed, locked space" may 
include:
  (1) a space within a residential building that (i) is 
 the primary residence of the individual cultivating 5 or 
 fewer cannabis plants that are more than 5 inches tall and 
 (ii) includes sleeping quarters and indoor plumbing. The 
 space must only be accessible by a key or code that is 
 different from any key or code that can be used to access 
 the residential building from the exterior; or
  (2) a structure, such as a shed or greenhouse, that 
 lies on the same plot of land as a residential building 
 that (i) includes sleeping quarters and indoor plumbing 
 and (ii) is used as a primary residence by the person 
 cultivating 5 or fewer cannabis plants that are more than 
 5 inches tall, such as a shed or greenhouse. The structure 
 must remain locked when it is unoccupied by people. 
 "Financial institution" has the same meaning as "financial 
organization" as defined in Section 1501 of the Illinois 
Income Tax Act, and also includes the holding companies, 
subsidiaries, and affiliates of such financial organizations. 
 "Flowering stage" means the stage of cultivation where and 
when a cannabis plant is cultivated to produce plant material 
for cannabis products. This includes mature plants as follows:
  (1) if greater than 2 stigmas are visible at each 
 internode of the plant; or
  (2) if the cannabis plant is in an area that has been 
 intentionally deprived of light for a period of time 
 intended to produce flower buds and induce maturation, 
 from the moment the light deprivation began through the 
 remainder of the marijuana plant growth cycle.
 "Individual" means a natural person.
 "Infuser organization" or "infuser" means a facility 
operated by an organization or business that is licensed by 
the Department of Agriculture to directly incorporate cannabis 
or cannabis concentrate into a product formulation to produce 
a cannabis-infused product. 
 "Kief" means the resinous crystal-like trichomes that are 
found on cannabis and that are accumulated, resulting in a 
higher concentration of cannabinoids, untreated by heat or 
pressure, or extracted using a solvent. 
 "Labor peace agreement" means an agreement between a 
cannabis business establishment and any labor organization 
recognized under the National Labor Relations Act, referred to 
in this Act as a bona fide labor organization, that prohibits 
labor organizations and members from engaging in picketing, 
work stoppages, boycotts, and any other economic interference 
with the cannabis business establishment. This agreement means 
that the cannabis business establishment has agreed not to 
disrupt efforts by the bona fide labor organization to 
communicate with, and attempt to organize and represent, the 
cannabis business establishment's employees. The agreement 
shall provide a bona fide labor organization access at 
reasonable times to areas in which the cannabis business 
establishment's employees work, for the purpose of meeting 
with employees to discuss their right to representation, 
employment rights under State law, and terms and conditions of 
employment. This type of agreement shall not mandate a 
particular method of election or certification of the bona 
fide labor organization.
 "Limited access area" means a room or other area under the 
control of a cannabis dispensing organization licensed under 
this Act and upon the licensed premises where cannabis sales 
occur with access limited to purchasers, dispensing 
organization owners and other dispensing organization agents, 
or service professionals conducting business with the 
dispensing organization, or, if sales to registered qualifying 
patients, caregivers, provisional patients, and Opioid 
Alternative Pilot Program participants licensed pursuant to 
the Compassionate Use of Medical Cannabis Program Act are also 
permitted at the dispensary, registered qualifying patients, 
caregivers, provisional patients, and Opioid Alternative Pilot 
Program participants. 
 "Member of an impacted family" means an individual who has 
a parent, legal guardian, child, spouse, or dependent, or was 
a dependent of an individual who, prior to the effective date 
of this Act, was arrested for, convicted of, or adjudicated 
delinquent for any offense that is eligible for expungement 
under this Act.
 "Mother plant" means a cannabis plant that is cultivated 
or maintained for the purpose of generating clones, and that 
will not be used to produce plant material for sale to an 
infuser or dispensing organization.
 "Ordinary public view" means within the sight line with 
normal visual range of a person, unassisted by visual aids, 
from a public street or sidewalk adjacent to real property, or 
from within an adjacent property. 
 "Ownership and control" means ownership of at least 51% of 
the business, including corporate stock if a corporation, and 
control over the management and day-to-day operations of the 
business and an interest in the capital, assets, and profits 
and losses of the business proportionate to percentage of 
ownership.
 "Person" means a natural individual, firm, partnership, 
association, joint stock company, joint venture, public or 
private corporation, limited liability company, or a receiver, 
executor, trustee, guardian, or other representative appointed 
by order of any court.
 "Possession limit" means the amount of cannabis under 
Section 10-10 that may be possessed at any one time by a person 
21 years of age or older or who is a registered qualifying 
medical cannabis patient or caregiver under the Compassionate 
Use of Medical Cannabis Program Act.
 "Principal officer" includes a cannabis business 
establishment applicant or licensed cannabis business 
establishment's board member, owner with more than 1% interest 
of the total cannabis business establishment or more than 5% 
interest of the total cannabis business establishment of a 
publicly traded company, president, vice president, secretary, 
treasurer, partner, officer, member, manager member, or person 
with a profit sharing, financial interest, or revenue sharing 
arrangement. The definition includes a person with authority 
to control the cannabis business establishment, a person who 
assumes responsibility for the debts of the cannabis business 
establishment and who is further defined in this Act.
 "Primary residence" means a dwelling where a person 
usually stays or stays more often than other locations. It may 
be determined by, without limitation, presence, tax filings; 
address on an Illinois driver's license, an Illinois 
Identification Card, or an Illinois Person with a Disability 
Identification Card; or voter registration. No person may have 
more than one primary residence.
 "Processing organization" or "processor" means a facility 
operated by an organization or business that is licensed by 
the Department of Agriculture to either extract constituent 
chemicals or compounds to produce cannabis concentrate or 
incorporate cannabis or cannabis concentrate into a product 
formulation to produce a cannabis product. 
 "Processing organization agent" means a principal officer, 
board member, employee, or agent of a processing organization.
 "Processing organization agent identification card" means 
a document issued by the Department of Agriculture that 
identifies a person as a processing organization agent.
 "Purchaser" means a person 21 years of age or older who 
acquires cannabis for a valuable consideration. "Purchaser" 
does not include a cardholder under the Compassionate Use of 
Medical Cannabis Program Act.
 "Qualifying Applicant" means an applicant that submitted 
an application pursuant to Section 15-30 that received at 
least 85% of 250 application points available under Section 
15-30 as the applicant's final score and meets the definition 
of "Social Equity Applicant" as set forth under this Section.
 "Qualifying Social Equity Justice Involved Applicant" 
means an applicant that submitted an application pursuant to 
Section 15-30 that received at least 85% of 250 application 
points available under Section 15-30 as the applicant's final 
score and meets the criteria of either paragraph (1) or (2) of 
the definition of "Social Equity Applicant" as set forth under 
this Section. 
 "Qualified Social Equity Applicant" means a Social Equity 
Applicant who has been awarded a conditional license under 
this Act to operate a cannabis business establishment.
 "Resided" means an individual's primary residence was 
located within the relevant geographic area as established by 
2 of the following:
  (1) a signed lease agreement that includes the 
 applicant's name;
  (2) a property deed that includes the applicant's 
 name;
  (3) school records;
  (4) a voter registration card;
  (5) an Illinois driver's license, an Illinois 
 Identification Card, or an Illinois Person with a 
 Disability Identification Card;
  (6) a paycheck stub; 
  (7) a utility bill; 
  (8) tax records; or
  (9) any other proof of residency or other information 
 necessary to establish residence as provided by rule.
 "Smoking" means the inhalation of smoke caused by the 
combustion of cannabis.
 "Social Equity Applicant" means an applicant that is an 
Illinois resident that meets one of the following criteria:
  (1) an applicant with at least 51% ownership and 
 control by one or more individuals who have resided for at 
 least 5 of the preceding 10 years in a Disproportionately 
 Impacted Area; 
  (2) an applicant with at least 51% ownership and 
 control by one or more individuals who:

   (i) have been arrested for, convicted of, or 
 adjudicated delinquent for any offense that is 
 eligible for expungement under this Act; or

   (ii) is a member of an impacted family;
  (3) for applicants with a minimum of 10 full-time 
 employees, an applicant with at least 51% of current 
 employees who:
   (i) currently reside in a Disproportionately 
 Impacted Area; or
   (ii) have been arrested for, convicted of, or 
 adjudicated delinquent for any offense that is 
 eligible for expungement under this Act or member of 
 an impacted family.
 Nothing in this Act shall be construed to preempt or limit 
the duties of any employer under the Job Opportunities for 
Qualified Applicants Act. Nothing in this Act shall permit an 
employer to require an employee to disclose sealed or expunged 
offenses, unless otherwise required by law.
 "Tied Applicant" means an application submitted by a 
Dispensary Applicant pursuant to Section 15-30 that received 
the same number of application points under Section 15-30 as 
the Dispensary Applicant's final score as one or more 
top-scoring applications in the same BLS Region and would have 
been awarded a license but for the one or more other 
top-scoring applications that received the same number of 
application points. Each application for which a Dispensary 
Applicant was required to pay a required application fee for 
the application period ending January 2, 2020 shall be 
considered an application of a separate Tied Applicant.
 "Tied Applicant Lottery" means the process established 
under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult 
Use Dispensing Organization Licenses pursuant to Sections 
15-25 and 15-30 among Eligible Tied Applicants. 
 "Tincture" means a cannabis-infused solution, typically 
comprised of alcohol, glycerin, or vegetable oils, derived 
either directly from the cannabis plant or from a processed 
cannabis extract. A tincture is not an alcoholic liquor as 
defined in the Liquor Control Act of 1934. A tincture shall 
include a calibrated dropper or other similar device capable 
of accurately measuring servings.
 "Transporting organization" or "transporter" means an 
organization or business that is licensed by the Department of 
Agriculture to transport cannabis or cannabis-infused product 
on behalf of a cannabis business establishment or a community 
college licensed under the Community
College Cannabis 
Vocational Training Pilot Program.

 "Transporting organization agent" means a principal 
officer, board member, employee, or agent of a transporting 
organization.
 "Transporting organization agent identification card" 
means a document issued by the Department of Agriculture that 
identifies a person as a transporting organization agent.
 "Unit of local government" means any county, city, 
village, or incorporated town.
 "Vegetative stage" means the stage of cultivation in which 
a cannabis plant is propagated to produce additional cannabis 
plants or reach a sufficient size for production. This 
includes seedlings, clones, mothers, and other immature 
cannabis plants as follows: 
  (1) if the cannabis plant is in an area that has not 
 been intentionally deprived of light for a period of time 
 intended to produce flower buds and induce maturation, it 
 has no more than 2 stigmas visible at each internode of the 
 cannabis plant; or 
  (2) any cannabis plant that is cultivated solely for 
 the purpose of propagating clones and is never used to 
 produce cannabis.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 
10-13-21.)

 (410 ILCS 705/15-25)

 Sec. 15-25. Awarding of Conditional Adult Use Dispensing 
Organization Licenses prior to January 1, 2021. 
 (a) The Department shall issue up to 75 Conditional Adult 
Use Dispensing Organization Licenses before May 1, 2020.
 (b) The Department shall make the application for a 
Conditional Adult Use Dispensing Organization License 
available no later than October 1, 2019 and shall accept 
applications no later than January 1, 2020.
 (c) To ensure the geographic dispersion of Conditional 
Adult Use Dispensing Organization License holders, the 
following number of licenses shall be awarded in each BLS 
Region as determined by each region's percentage of the 
State's population: 
  (1) Bloomington: 1
  (2) Cape Girardeau: 1
  (3) Carbondale-Marion: 1
  (4) Champaign-Urbana: 1
  (5) Chicago-Naperville-Elgin: 47
  (6) Danville: 1
  (7) Davenport-Moline-Rock Island: 1
  (8) Decatur: 1
  (9) Kankakee: 1
  (10) Peoria: 3
  (11) Rockford: 2
  (12) St. Louis: 4
  (13) Springfield: 1
  (14) Northwest Illinois nonmetropolitan: 3
  (15) West Central Illinois nonmetropolitan: 3
  (16) East Central Illinois nonmetropolitan: 2
  (17) South Illinois nonmetropolitan: 2
 (d) An applicant seeking issuance of a Conditional Adult 
Use Dispensing Organization License shall submit an 
application on forms provided by the Department. An applicant 
must meet the following requirements:
  (1) Payment of a nonrefundable application fee of 
 $5,000 for each license for which the applicant is 
 applying, which shall be deposited into the Cannabis 
 Regulation Fund;
  (2) Certification that the applicant will comply with 
 the requirements contained in this Act;
  (3) The legal name of the proposed dispensing 
 organization;
  (4) A statement that the dispensing organization 
 agrees to respond to the Department's supplemental 
 requests for information; 
  (5) From each principal officer, a statement 
 indicating whether that person:
   (A) has previously held or currently holds an 
 ownership interest in a cannabis business 
 establishment in Illinois; or
   (B) has held an ownership interest in a dispensing 
 organization or its equivalent in another state or 
 territory of the United States that had the dispensing 
 organization registration or license suspended, 
 revoked, placed on probationary status, or subjected 
 to other disciplinary action;
  (6) Disclosure of whether any principal officer has 
 ever filed for bankruptcy or defaulted on spousal support 
 or child support obligation;
  (7) A resume for each principal officer, including 
 whether that person has an academic degree, certification, 
 or relevant experience with a cannabis business 
 establishment or in a related industry;
  (8) A description of the training and education that 
 will be provided to dispensing organization agents;
  (9) A copy of the proposed operating bylaws;
  (10) A copy of the proposed business plan that 
 complies with the requirements in this Act, including, at 
 a minimum, the following:
   (A) A description of services to be offered; and 
   (B) A description of the process of dispensing 
 cannabis;
  (11) A copy of the proposed security plan that 
 complies with the requirements in this Article, including: 
   (A) The process or controls that will be 
 implemented to monitor the dispensary, secure the 
 premises, agents, and currency, and prevent the 
 diversion, theft, or loss of cannabis; and 
   (B) The process to ensure that access to the 
 restricted access areas is restricted to, registered 
 agents, service professionals, transporting 
 organization agents, Department inspectors, and 
 security personnel;
  (12) A proposed inventory control plan that complies 
 with this Section;
  (13) A proposed floor plan, a square footage estimate, 
 and a description of proposed security devices, including, 
 without limitation, cameras, motion detectors, servers, 
 video storage capabilities, and alarm service providers;
  (14) The name, address, social security number, and 
 date of birth of each principal officer and board member 
 of the dispensing organization; each of those individuals 
 shall be at least 21 years of age; 
  (15) Evidence of the applicant's status as a Social 
 Equity Applicant, if applicable, and whether a Social 
 Equity Applicant plans to apply for a loan or grant issued 
 by the Department of Commerce and Economic Opportunity;
  (16) The address, telephone number, and email address 
 of the applicant's principal place of business, if 
 applicable. A post office box is not permitted;
  (17) Written summaries of any information regarding 
 instances in which a business or not-for-profit that a 
 prospective board member previously managed or served on 
 were fined or censured, or any instances in which a 
 business or not-for-profit that a prospective board member 
 previously managed or served on had its registration 
 suspended or revoked in any administrative or judicial 
 proceeding;
  (18) A plan for community engagement;
  (19) Procedures to ensure accurate recordkeeping and 
 security measures that are in accordance with this Article 
 and Department rules;
  (20) The estimated volume of cannabis it plans to 
 store at the dispensary;
  (21) A description of the features that will provide 
 accessibility to purchasers as required by the Americans 
 with Disabilities Act;
  (22) A detailed description of air treatment systems 
 that will be installed to reduce odors;
  (23) A reasonable assurance that the issuance of a 
 license will not have a detrimental impact on the 
 community in which the applicant wishes to locate;
  (24) The dated signature of each principal officer;
  (25) A description of the enclosed, locked facility 
 where cannabis will be stored by the dispensing 
 organization;
  (26) Signed statements from each dispensing 
 organization agent stating that he or she will not divert 
 cannabis;
  (27) The number of licenses it is applying for in each 
 BLS Region;
  (28) A diversity plan that includes a narrative of at 
 least 2,500 words that establishes a goal of diversity in 
 ownership, management, employment, and contracting to 
 ensure that diverse participants and groups are afforded 
 equality of opportunity;
  (29) A contract with a private security contractor 
 agency that is licensed under Section 10-5 of the Private 
 Detective, Private Alarm, Private Security, Fingerprint 
 Vendor, and Locksmith Act of 2004 in order for the 
 dispensary to have adequate security at its facility; and
  (30) Other information deemed necessary by the 
 Illinois Cannabis Regulation Oversight Officer to conduct 
 the disparity and availability study referenced in 
 subsection (e) of Section 5-45. 
 (e) An applicant who receives a Conditional Adult Use 
Dispensing Organization License under this Section has 180 
days from the date of award to identify a physical location for 
the dispensing organization retail storefront. The applicant 
shall provide evidence that the location is not within 1,500 
feet of an existing dispensing organization, unless the 
applicant is a Social Equity Applicant or Social Equity 
Justice Involved Applicant located or seeking to locate within 
1,500 feet of a dispensing organization licensed under Section 
15-15 or Section 15-20. If an applicant is unable to find a 
suitable physical address in the opinion of the Department 
within 180 days of the issuance of the Conditional Adult Use 
Dispensing Organization License, the Department may extend the 
period for finding a physical address another 180 days if the 
Conditional Adult Use Dispensing Organization License holder 
demonstrates concrete attempts to secure a location and a 
hardship. If the Department denies the extension or the 
Conditional Adult Use Dispensing Organization License holder 
is unable to find a location or become operational within 360 
days of being awarded a conditional license, the Department 
shall rescind the conditional license and award it to the next 
highest scoring applicant in the BLS Region for which the 
license was assigned, provided the applicant receiving the 
license: (i) confirms a continued interest in operating a 
dispensing organization; (ii) can provide evidence that the 
applicant continues to meet all requirements for holding a 
Conditional Adult Use Dispensing Organization License set 
forth in this Act; and (iii) has not otherwise become 
ineligible to be awarded a dispensing organization license. If 
the new awardee is unable to accept the Conditional Adult Use 
Dispensing Organization License, the Department shall award 
the Conditional Adult Use Dispensing Organization License to 
the next highest scoring applicant in the same manner. The new 
awardee shall be subject to the same required deadlines as 
provided in this subsection.
 (e-5) If, within 180 days of being awarded a Conditional 
Adult Use Dispensing Organization License, a dispensing 
organization is unable to find a location within the BLS 
Region in which it was awarded a Conditional Adult Use 
Dispensing Organization License because no jurisdiction within 
the BLS Region allows for the operation of an Adult Use 
Dispensing Organization, the Department of Financial and 
Professional Regulation may authorize the Conditional Adult 
Use Dispensing Organization License holder to transfer its 
license to a BLS Region specified by the Department.
 (f) A dispensing organization that is awarded a 
Conditional Adult Use Dispensing Organization License pursuant 
to the criteria in Section 15-30 shall not purchase, possess, 
sell, or dispense cannabis or cannabis-infused products until 
the person has received an Adult Use Dispensing Organization 
License issued by the Department pursuant to Section 15-36 of 
this Act.
 (g) The Department shall conduct a background check of the 
prospective organization agents in order to carry out this 
Article. The Illinois State Police shall charge the applicant 
a fee for conducting the criminal history record check, which 
shall be deposited into the State Police Services Fund and 
shall not exceed the actual cost of the record check. Each 
person applying as a dispensing organization agent shall 
submit a full set of fingerprints to the Illinois State Police 
for the purpose of obtaining a State and federal criminal 
records check. These fingerprints shall be checked against the 
fingerprint records now and hereafter, to the extent allowed 
by law, filed in the Illinois State Police and Federal Bureau 
of Identification criminal history records databases. The 
Illinois State Police shall furnish, following positive 
identification, all Illinois conviction information to the 
Department.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 
10-13-21.)

 (410 ILCS 705/15-30)

 Sec. 15-30. Selection criteria for conditional licenses 
awarded under Section 15-25. 
 (a) Applicants for a Conditional Adult Use Dispensing 
Organization License must submit all required information, 
including the information required in Section 15-25, to the 
Department. Failure by an applicant to submit all required 
information may result in the application being disqualified.
 (b) If the Department receives an application that fails 
to provide the required elements contained in this Section, 
the Department shall issue a deficiency notice to the 
applicant. The applicant shall have 10 calendar days from the 
date of the deficiency notice to resubmit the incomplete 
information. Applications that are still incomplete after this 
opportunity to cure will not be scored and will be 
disqualified.
 (c) The Department will award up to 250 points to complete 
applications based on the sufficiency of the applicant's 
responses to required information. Applicants will be awarded 
points based on a determination that the application 
satisfactorily includes the following elements: 
  (1) Suitability of Employee Training Plan (15 points). 
 The plan includes an employee training plan that 
 demonstrates that employees will understand the rules and 
 laws to be followed by dispensary employees, have 
 knowledge of any security measures and operating 
 procedures of the dispensary, and are able to advise 
 purchasers on how to safely consume cannabis and use 
 individual products offered by the dispensary.
  (2) Security and Recordkeeping (65 points).
   (A) The security plan accounts for the prevention 
 of the theft or diversion of cannabis. The security 
 plan demonstrates safety procedures for dispensing 
 organization agents and purchasers, and safe delivery 
 and storage of cannabis and currency. It demonstrates 
 compliance with all security requirements in this Act 
 and rules.
   (B) A plan for recordkeeping, tracking, and 
 monitoring inventory, quality control, and other 
 policies and procedures that will promote standard 
 recordkeeping and discourage unlawful activity. This 
 plan includes the applicant's strategy to communicate 
 with the Department and the Illinois State Police on 
 the destruction and disposal of cannabis. The plan 
 must also demonstrate compliance with this Act and 
 rules.
   (C) The security plan shall also detail which 
 private security contractor licensed under Section 
 10-5 of the Private Detective, Private Alarm, Private 
 Security, Fingerprint Vendor, and Locksmith Act of 
 2004 the dispensary will contract with in order to 
 provide adequate security at its facility.
  (3) Applicant's Business Plan, Financials, Operating 
 and Floor Plan (65 points).
   (A) The business plan shall describe, at a 
 minimum, how the dispensing organization will be 
 managed on a long-term basis. This shall include a 
 description of the dispensing organization's 
 point-of-sale system, purchases and denials of sale, 
 confidentiality, and products and services to be 
 offered. It will demonstrate compliance with this Act 
 and rules.
   (B) The operating plan shall include, at a 
 minimum, best practices for day-to-day dispensary 
 operation and staffing. The operating plan may also 
 include information about employment practices, 
 including information about the percentage of 
 full-time employees who will be provided a living 
 wage.
   (C) The proposed floor plan is suitable for public 
 access, the layout promotes safe dispensing of 
 cannabis, is compliant with the Americans with 
 Disabilities Act and the Environmental Barriers Act, 
 and facilitates safe product handling and storage.
  (4) Knowledge and Experience (30 points).
   (A) The applicant's principal officers must 
 demonstrate experience and qualifications in business 
 management or experience with the cannabis industry. 
 This includes ensuring optimal safety and accuracy in 
 the dispensing and sale of cannabis.
   (B) The applicant's principal officers must 
 demonstrate knowledge of various cannabis product 
 strains or varieties and describe the types and 
 quantities of products planned to be sold. This 
 includes confirmation of whether the dispensing 
 organization plans to sell cannabis paraphernalia or 
 edibles.
   (C) Knowledge and experience may be demonstrated 
 through experience in other comparable industries that 
 reflect on the applicant's ability to operate a 
 cannabis business establishment.
  (5) Status as a Social Equity Applicant (50 points). 
 The applicant meets the qualifications for a Social Equity 
 Applicant as set forth in this Act. 
  (6) Labor and employment practices (5 points). : The 
 applicant may describe plans to provide a safe, healthy, 
 and economically beneficial working environment for its 
 agents, including, but not limited to, codes of conduct, 
 health care benefits, educational benefits, retirement 
 benefits, living wage standards, and entering a labor 
 peace agreement with employees.
  (7) Environmental Plan (5 points). : The applicant may 
 demonstrate an environmental plan of action to minimize 
 the carbon footprint, environmental impact, and resource 
 needs for the dispensary, which may include, without 
 limitation, recycling cannabis product packaging.
  (8) Illinois owner (5 points). : The applicant is 51% 
 or more owned and controlled by an Illinois resident, who 
 can prove residency in each of the past 5 years with tax 
 records or 2 of the following:
   (A) a signed lease agreement that includes the 
 applicant's name;
   (B) a property deed that includes the applicant's 
 name;
   (C) school records;
   (D) a voter registration card;
   (E) an Illinois driver's license, an Illinois 
 Identification Card, or an Illinois Person with a 
 Disability Identification Card;
   (F) a paycheck stub;
   (G) a utility bill; or
   (H) any other proof of residency or other 
 information necessary to establish residence as 
 provided by rule.
  (9) Status as veteran (5 points). : The applicant is 
 51% or more controlled and owned by an individual or 
 individuals who meet the qualifications of a veteran as 
 defined by Section 45-57 of the Illinois Procurement Code.
  (10) A diversity plan (5 points). The plan : that 
 includes a narrative of not more than 2,500 words that 
 establishes a goal of diversity in ownership, management, 
 employment, and contracting to ensure that diverse 
 participants and groups are afforded equality of 
 opportunity.
 (d) The Department may also award up to 2 bonus points for 
a plan to engage with the community. The applicant may 
demonstrate a desire to engage with its community by 
participating in one or more of, but not limited to, the 
following actions: (i) establishment of an incubator program 
designed to increase participation in the cannabis industry by 
persons who would qualify as Social Equity Applicants; (ii) 
providing financial assistance to substance abuse treatment 
centers; (iii) educating children and teens about the 
potential harms of cannabis use; or (iv) other measures 
demonstrating a commitment to the applicant's community. Bonus 
points will only be awarded if the Department receives 
applications that receive an equal score for a particular 
region. 
 (e) The Department may verify information contained in 
each application and accompanying documentation to assess the 
applicant's veracity and fitness to operate a dispensing 
organization.
 (f) The Department may, in its discretion, refuse to issue 
an authorization to any applicant:
  (1) Who is unqualified to perform the duties required 
 of the applicant;
  (2) Who fails to disclose or states falsely any 
 information called for in the application;
  (3) Who has been found guilty of a violation of this 
 Act, who has had any disciplinary order entered against it 
 by the Department, who has entered into a disciplinary or 
 nondisciplinary agreement with the Department, or whose 
 medical cannabis dispensing organization, medical cannabis 
 cultivation organization, or Early Approval Adult Use 
 Dispensing Organization License, or Early Approval Adult 
 Use Dispensing Organization License at a secondary site, 
 or Early Approval Cultivation Center License was 
 suspended, restricted, revoked, or denied for just cause, 
 or the applicant's cannabis business establishment license 
 was suspended, restricted, revoked, or denied in any other 
 state; or
  (4) Who has engaged in a pattern or practice of unfair 
 or illegal practices, methods, or activities in the 
 conduct of owning a cannabis business establishment or 
 other business.
 (g) The Department shall deny the license if any principal 
officer, board member, or person having a financial or voting 
interest of 5% or greater in the licensee is delinquent in 
filing any required tax returns or paying any amounts owed to 
the State of Illinois.
 (h) The Department shall verify an applicant's compliance 
with the requirements of this Article and rules before issuing 
a dispensing organization license.
 (i) Should the applicant be awarded a license, the 
information and plans provided in the application, including 
any plans submitted for bonus points, shall become a condition 
of the Conditional Adult Use Dispensing Organization Licenses 
and any Adult Use Dispensing Organization License issued to 
the holder of the Conditional Adult Use Dispensing 
Organization License, except as otherwise provided by this Act 
or rule. Dispensing organizations have a duty to disclose any 
material changes to the application. The Department shall 
review all material changes disclosed by the dispensing 
organization, and may re-evaluate its prior decision regarding 
the awarding of a license, including, but not limited to, 
suspending or permanently revoking a license. Failure to 
comply with the conditions or requirements in the application 
may subject the dispensing organization to discipline, up to 
and including suspension or permanent revocation of its 
authorization or license by the Department.
 (j) If an applicant has not begun operating as a 
dispensing organization within one year of the issuance of the 
Conditional Adult Use Dispensing Organization License, the 
Department may permanently revoke the Conditional Adult Use 
Dispensing Organization License and award it to the next 
highest scoring applicant in the BLS Region if a suitable 
applicant indicates a continued interest in the license or 
begin a new selection process to award a Conditional Adult Use 
Dispensing Organization License.
 (k) The Department shall deny an application if granting 
that application would result in a single person or entity 
having a direct or indirect financial interest in more than 10 
Early Approval Adult Use Dispensing Organization Licenses, 
Conditional Adult Use Dispensing Organization Licenses, or 
Adult Use Dispensing Organization Licenses. Any entity that is 
awarded a license that results in a single person or entity 
having a direct or indirect financial interest in more than 10 
licenses shall forfeit the most recently issued license and 
suffer a penalty to be determined by the Department, unless 
the entity declines the license at the time it is awarded.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 
10-13-21.)

 (410 ILCS 705/15-40)

 Sec. 15-40. Dispensing organization agent identification 
card; agent training. 
 (a) The Department shall:
  (1) verify the information contained in an application 
 or renewal for a dispensing organization agent 
 identification card submitted under this Article, and 
 approve or deny an application or renewal, within 30 days 
 of receiving a completed application or renewal 
 application and all supporting documentation required by 
 rule;
  (2) issue a dispensing organization agent 
 identification card to a qualifying agent within 15 
 business days of approving the application or renewal;
  (3) enter the registry identification number of the 
 dispensing organization where the agent works; 
  (4) within one year from the effective date of this 
 Act, allow for an electronic application process and 
 provide a confirmation by electronic or other methods that 
 an application has been submitted; and
  (5) collect a $100 nonrefundable fee from the 
 applicant to be deposited into the Cannabis Regulation 
 Fund.
 (b) A dispensing organization agent must keep his or her 
identification card visible at all times when in the 
dispensary.
 (c) The dispensing organization agent identification cards 
shall contain the following:
  (1) the name of the cardholder;
  (2) the date of issuance and expiration date of the 
 dispensing organization agent identification cards;
  (3) a random 10-digit alphanumeric identification 
 number containing at least 4 numbers and at least 4 
 letters that is unique to the cardholder; and
  (4) a photograph of the cardholder.
 (d) The dispensing organization agent identification cards 
shall be immediately returned to the dispensing organization 
upon termination of employment.
 (e) The Department shall not issue an agent identification 
card if the applicant is delinquent in filing any required tax 
returns or paying any amounts owed to the State of Illinois.
 (f) Any card lost by a dispensing organization agent shall 
be reported to the Illinois State Police and the Department 
immediately upon discovery of the loss.
 (g) An applicant shall be denied a dispensing organization 
agent identification card renewal if he or she fails to 
complete the training provided for in this Section.
 (h) A dispensing organization agent shall only be required 
to hold one card for the same employer regardless of what type 
of dispensing organization license the employer holds.
 (i) Cannabis retail sales training requirements.
  (1) Within 90 days of September 1, 2019, or 90 days of 
 employment, whichever is later, all owners, managers, 
 employees, and agents involved in the handling or sale of 
 cannabis or cannabis-infused product employed by an adult 
 use dispensing organization or medical cannabis dispensing 
 organization as defined in Section 10 of the Compassionate 
 Use of Medical Cannabis Program Act shall attend and 
 successfully complete a Responsible Vendor Program.
  (2) Each owner, manager, employee, and agent of an 
 adult use dispensing organization or medical cannabis 
 dispensing organization shall successfully complete the 
 program annually.
  (3) Responsible Vendor Program Training modules shall 
 include at least 2 hours of instruction time approved by 
 the Department including:
   (i) Health and safety concerns of cannabis use, 
 including the responsible use of cannabis, its 
 physical effects, onset of physiological effects, 
 recognizing signs of impairment, and appropriate 
 responses in the event of overconsumption.
   (ii) Training on laws and regulations on driving 
 while under the influence and operating a watercraft 
 or snowmobile while under the influence.
   (iii) Sales to minors prohibition. Training shall 
 cover all relevant Illinois laws and rules.
   (iv) Quantity limitations on sales to purchasers. 
 Training shall cover all relevant Illinois laws and 
 rules.
   (v) Acceptable forms of identification. Training 
 shall include:
    (I) How to check identification; and
    (II) Common mistakes made in verification;
   (vi) Safe storage of cannabis;
   (vii) Compliance with all inventory tracking 
 system regulations;
   (viii) Waste handling, management, and disposal;
   (ix) Health and safety standards;
   (x) Maintenance of records;
   (xi) Security and surveillance requirements;
   (xii) Permitting inspections by State and local 
 licensing and enforcement authorities;
   (xiii) Privacy issues;
   (xiv) Packaging and labeling requirement for sales 
 to purchasers; and
   (xv) Other areas as determined by rule.
 (j) Blank.
 (k) Upon the successful completion of the Responsible 
Vendor Program, the provider shall deliver proof of completion 
either through mail or electronic communication to the 
dispensing organization, which shall retain a copy of the 
certificate.
 (l) The license of a dispensing organization or medical 
cannabis dispensing organization whose owners, managers, 
employees, or agents fail to comply with this Section may be 
suspended or permanently revoked under Section 15-145 or may 
face other disciplinary action.
 (m) The regulation of dispensing organization and medical 
cannabis dispensing employer and employee training is an 
exclusive function of the State, and regulation by a unit of 
local government, including a home rule unit, is prohibited. 
This subsection (m) is a denial and limitation of home rule 
powers and functions under subsection (h) of Section 6 of 
Article VII of the Illinois Constitution.
 (n) Persons seeking Department approval to offer the 
training required by paragraph (3) of subsection (i) may apply 
for such approval between August 1 and August 15 of each 
odd-numbered year in a manner prescribed by the Department.
 (o) Persons seeking Department approval to offer the 
training required by paragraph (3) of subsection (i) shall 
submit a nonrefundable application fee of $2,000 to be 
deposited into the Cannabis Regulation Fund or a fee as may be 
set by rule. Any changes made to the training module shall be 
approved by the Department.

 (p) The Department shall not unreasonably deny approval of 
a training module that meets all the requirements of paragraph 
(3) of subsection (i). A denial of approval shall include a 
detailed description of the reasons for the denial.
 (q) Any person approved to provide the training required 
by paragraph (3) of subsection (i) shall submit an application 
for re-approval between August 1 and August 15 of each 
odd-numbered year and include a nonrefundable application fee 
of $2,000 to be deposited into the Cannabis Regulation Fund or 
a fee as may be set by rule.

 (r) All persons applying to become or renewing their 
registrations to be agents, including agents-in-charge and 
principal officers, shall disclose any disciplinary action 
taken against them that may have occurred in Illinois, another 
state, or another country in relation to their employment at a 
cannabis business establishment or at any cannabis cultivation 
center, processor, infuser, dispensary, or other cannabis 
business establishment.
 (s) An agent applicant may begin employment at a 
dispensing organization while the agent applicant's 
identification card application is pending. Upon approval, the 
Department shall issue the agent's identification card to the 
agent. If denied, the dispensing organization and the agent 
applicant shall be notified and the agent applicant must cease 
all activity at the dispensing organization immediately. 
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 
10-12-21.)

 (410 ILCS 705/15-135)

 Sec. 15-135. Investigations. 
 (a) Dispensing organizations are subject to random and 
unannounced dispensary inspections and cannabis testing by the 
Department, the Illinois State Police, local law enforcement, 
or as provided by rule.
 (b) The Department and its authorized representatives may 
enter any place, including a vehicle, in which cannabis is 
held, stored, dispensed, sold, produced, delivered, 
transported, manufactured, or disposed of and inspect, in a 
reasonable manner, the place and all pertinent equipment, 
containers and labeling, and all things including records, 
files, financial data, sales data, shipping data, pricing 
data, personnel data, research, papers, processes, controls, 
and facility, and inventory any stock of cannabis and obtain 
samples of any cannabis or cannabis-infused product, any 
labels or containers for cannabis, or paraphernalia.
 (c) The Department may conduct an investigation of an 
applicant, application, dispensing organization, principal 
officer, dispensary agent, third party vendor, or any other 
party associated with a dispensing organization for an alleged 
violation of this Act or rules or to determine qualifications 
to be granted a registration by the Department.
 (d) The Department may require an applicant or holder of 
any license issued pursuant to this Article to produce 
documents, records, or any other material pertinent to the 
investigation of an application or alleged violations of this 
Act or rules. Failure to provide the required material may be 
grounds for denial or discipline.
 (e) Every person charged with preparation, obtaining, or 
keeping records, logs, reports, or other documents in 
connection with this Act and rules and every person in charge, 
or having custody, of those documents shall, upon request by 
the Department, make the documents immediately available for 
inspection and copying by the Department, the Department's 
authorized representative, or others authorized by law to 
review the documents.

(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 
102-538, eff. 8-20-21; revised 10-12-21.)

 (410 ILCS 705/20-30)

 Sec. 20-30. Cultivation center requirements; prohibitions. 
 (a) The operating documents of a cultivation center shall 
include procedures for the oversight of the cultivation 
center, a cannabis plant monitoring system including a 
physical inventory recorded weekly, accurate recordkeeping, 
and a staffing plan.
 (b) A cultivation center shall implement a security plan 
reviewed by the Illinois State Police that includes, but is 
not limited to: facility access controls, perimeter intrusion 
detection systems, personnel identification systems, 24-hour 
surveillance system to monitor the interior and exterior of 
the cultivation center facility and accessibility to 
authorized law enforcement, the Department of Public Health 
where processing takes place, and the Department of 
Agriculture in real time.
 (c) All cultivation of cannabis by a cultivation center 
must take place in an enclosed, locked facility at the 
physical address provided to the Department of Agriculture 
during the licensing process. The cultivation center location 
shall only be accessed by the agents working for the 
cultivation center, the Department of Agriculture staff 
performing inspections, the Department of Public Health staff 
performing inspections, local and State law enforcement or 
other emergency personnel, contractors working on jobs 
unrelated to cannabis, such as installing or maintaining 
security devices or performing electrical wiring, transporting 
organization agents as provided in this Act, individuals in a 
mentoring or educational program approved by the State, or 
other individuals as provided by rule.
 (d) A cultivation center may not sell or distribute any 
cannabis or cannabis-infused products to any person other than 
a dispensing organization, craft grower, infuser organization, 
transporter, or as otherwise authorized by rule.
 (e) A cultivation center may not either directly or 
indirectly discriminate in price between different dispensing 
organizations, craft growers, or infuser organizations that 
are purchasing a like grade, strain, brand, and quality of 
cannabis or cannabis-infused product. Nothing in this 
subsection (e) prevents a cultivation center from pricing 
cannabis differently based on differences in the cost of 
manufacturing or processing, the quantities sold, such as 
volume discounts, or the way the products are delivered.
 (f) All cannabis harvested by a cultivation center and 
intended for distribution to a dispensing organization must be 
entered into a data collection system, packaged and labeled 
under Section 55-21, and placed into a cannabis container for 
transport. All cannabis harvested by a cultivation center and 
intended for distribution to a craft grower or infuser 
organization must be packaged in a labeled cannabis container 
and entered into a data collection system before transport.
 (g) Cultivation centers are subject to random inspections 
by the Department of Agriculture, the Department of Public 
Health, local safety or health inspectors, the Illinois State 
Police, or as provided by rule.
 (h) A cultivation center agent shall notify local law 
enforcement, the Illinois State Police, and the Department of 
Agriculture within 24 hours of the discovery of any loss or 
theft. Notification shall be made by phone or in person, or by 
written or electronic communication.
 (i) A cultivation center shall comply with all State and 
any applicable federal rules and regulations regarding the use 
of pesticides on cannabis plants.
 (j) No person or entity shall hold any legal, equitable, 
ownership, or beneficial interest, directly or indirectly, of 
more than 3 cultivation centers licensed under this Article. 
Further, no person or entity that is employed by, an agent of, 
has a contract to receive payment in any form from a 
cultivation center, is a principal officer of a cultivation 
center, or entity controlled by or affiliated with a principal 
officer of a cultivation shall hold any legal, equitable, 
ownership, or beneficial interest, directly or indirectly, in 
a cultivation that would result in the person or entity owning 
or controlling in combination with any cultivation center, 
principal officer of a cultivation center, or entity 
controlled or affiliated with a principal officer of a 
cultivation center by which he, she, or it is employed, is an 
agent of, or participates in the management of, more than 3 
cultivation center licenses.
 (k) A cultivation center may not contain more than 210,000 
square feet of canopy space for plants in the flowering stage 
for cultivation of adult use cannabis as provided in this Act.
 (l) A cultivation center may process cannabis, cannabis 
concentrates, and cannabis-infused products.
 (m) Beginning July 1, 2020, a cultivation center shall not 
transport cannabis or cannabis-infused products to a craft 
grower, dispensing organization, infuser organization, or 
laboratory licensed under this Act, unless it has obtained a 
transporting organization license.
 (n) It is unlawful for any person having a cultivation 
center license or any officer, associate, member, 
representative, or agent of such licensee to offer or deliver 
money, or anything else of value, directly or indirectly to 
any person having an Early Approval Adult Use Dispensing 
Organization License, a Conditional Adult Use Dispensing 
Organization License, an Adult Use Dispensing Organization 
License, or a medical cannabis dispensing organization license 
issued under the Compassionate Use of Medical Cannabis Program 
Act, or to any person connected with or in any way 
representing, or to any member of the family of, such person 
holding an Early Approval Adult Use Dispensing Organization 
License, a Conditional Adult Use Dispensing Organization 
License, an Adult Use Dispensing Organization License, or a 
medical cannabis dispensing organization license issued under 
the Compassionate Use of Medical Cannabis Program Act, or to 
any stockholders in any corporation engaged in the retail sale 
of cannabis, or to any officer, manager, agent, or 
representative of the Early Approval Adult Use Dispensing 
Organization License, a Conditional Adult Use Dispensing 
Organization License, an Adult Use Dispensing Organization 
License, or a medical cannabis dispensing organization license 
issued under the Compassionate Use of Medical Cannabis Program 
Act to obtain preferential placement within the dispensing 
organization, including, without limitation, on shelves and in 
display cases where purchasers can view products, or on the 
dispensing organization's website.
 (o) A cultivation center must comply with any other 
requirements or prohibitions set by administrative rule of the 
Department of Agriculture.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 11-9-21.)

 (410 ILCS 705/25-30)
 (Section scheduled to be repealed on July 1, 2026)

 Sec. 25-30. Inspection rights. 
 (a) A licensee's enclosed, locked facilities are subject 
to random inspections by the Department, the Illinois State 
Police, or as provided by rule.
 (b) Nothing in this Section shall be construed to give the 
Department, the Illinois State Police, or any other entity 
identified by rule under subsection (a) a right of inspection 
or access to any location on the licensee's premises beyond 
the facilities licensed under this Article.

(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 
102-538, eff. 8-20-21; revised 10-21-21.)

 (410 ILCS 705/25-35)
 (Section scheduled to be repealed on July 1, 2026)

 Sec. 25-35. Community College Cannabis Vocational Training 
Pilot Program faculty participant agent identification card. 
 (a) The Department shall:
  (1) establish by rule the information required in an 
 initial application or renewal application for an agent 
 identification card submitted under this Article and the 
 nonrefundable fee to accompany the initial application or 
 renewal application;
  (2) verify the information contained in an initial 
 application or renewal application for an agent 
 identification card submitted under this Article, and 
 approve or deny an application within 30 days of receiving 
 a completed initial application or renewal application and 
 all supporting documentation required by rule;
  (3) issue an agent identification card to a qualifying 
 agent within 15 business days of approving the initial 
 application or renewal application;
  (4) enter the license number of the community college 
 where the agent works; and
  (5) allow for an electronic initial application and 
 renewal application process, and provide a confirmation by 
 electronic or other methods that an application has been 
 submitted. Each Department may by rule require prospective 
 agents to file their applications by electronic means and 
 to provide notices to the agents by electronic means.
 (b) An agent must keep his or her identification card 
visible at all times when in the enclosed, locked facility, or 
facilities for which he or she is an agent.
 (c) The agent identification cards shall contain the 
following:
  (1) the name of the cardholder;
  (2) the date of issuance and expiration date of the 
 identification card;
  (3) a random 10-digit alphanumeric identification 
 number containing at least 4 numbers and at least 4 
 letters that is unique to the holder;
  (4) a photograph of the cardholder; and
  (5) the legal name of the community college employing 
 the agent.
 (d) An agent identification card shall be immediately 
returned to the community college of the agent upon 
termination of his or her employment.
 (e) Any agent identification card lost shall be reported 
to the Illinois State Police and the Department of Agriculture 
immediately upon discovery of the loss.
 (f) An agent applicant may begin employment at a Community 
College Cannabis Vocational Training Pilot Program while the 
agent applicant's identification card application is pending. 
Upon approval, the Department shall issue the agent's 
identification card to the agent. If denied, the Community 
College Cannabis Vocational Training Pilot Program and the 
agent applicant shall be notified and the agent applicant must 
cease all activity at the Community College Cannabis 
Vocational Training Pilot Program immediately. 

(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 
102-538, eff. 8-20-21; revised 10-21-21.)

 (410 ILCS 705/30-30)

 Sec. 30-30. Craft grower requirements; prohibitions. 
 (a) The operating documents of a craft grower shall 
include procedures for the oversight of the craft grower, a 
cannabis plant monitoring system including a physical 
inventory recorded weekly, accurate recordkeeping, and a 
staffing plan.
 (b) A craft grower shall implement a security plan 
reviewed by the Illinois State Police that includes, but is 
not limited to: facility access controls, perimeter intrusion 
detection systems, personnel identification systems, and a 
24-hour surveillance system to monitor the interior and 
exterior of the craft grower facility and that is accessible 
to authorized law enforcement and the Department of 
Agriculture in real time. 
 (c) All cultivation of cannabis by a craft grower must 
take place in an enclosed, locked facility at the physical 
address provided to the Department of Agriculture during the 
licensing process. The craft grower location shall only be 
accessed by the agents working for the craft grower, the 
Department of Agriculture staff performing inspections, the 
Department of Public Health staff performing inspections, 
State and local law enforcement or other emergency personnel, 
contractors working on jobs unrelated to cannabis, such as 
installing or maintaining security devices or performing 
electrical wiring, transporting organization agents as 
provided in this Act, or participants in the incubator 
program, individuals in a mentoring or educational program 
approved by the State, or other individuals as provided by 
rule. However, if a craft grower shares a premises with an 
infuser or dispensing organization, agents from those other 
licensees may access the craft grower portion of the premises 
if that is the location of common bathrooms, lunchrooms, 
locker rooms, or other areas of the building where work or 
cultivation of cannabis is not performed. At no time may an 
infuser or dispensing organization agent perform work at a 
craft grower without being a registered agent of the craft 
grower.
 (d) A craft grower may not sell or distribute any cannabis 
to any person other than a cultivation center, a craft grower, 
an infuser organization, a dispensing organization, or as 
otherwise authorized by rule.
 (e) A craft grower may not be located in an area zoned for 
residential use.
 (f) A craft grower may not either directly or indirectly 
discriminate in price between different cannabis business 
establishments that are purchasing a like grade, strain, 
brand, and quality of cannabis or cannabis-infused product. 
Nothing in this subsection (f) prevents a craft grower from 
pricing cannabis differently based on differences in the cost 
of manufacturing or processing, the quantities sold, such as 
volume discounts, or the way the products are delivered.
 (g) All cannabis harvested by a craft grower and intended 
for distribution to a dispensing organization must be entered 
into a data collection system, packaged and labeled under 
Section 55-21, and, if distribution is to a dispensing 
organization that does not share a premises with the 
dispensing organization receiving the cannabis, placed into a 
cannabis container for transport. All cannabis harvested by a 
craft grower and intended for distribution to a cultivation 
center, to an infuser organization, or to a craft grower with 
which it does not share a premises, must be packaged in a 
labeled cannabis container and entered into a data collection 
system before transport.
 (h) Craft growers are subject to random inspections by the 
Department of Agriculture, local safety or health inspectors, 
the Illinois State Police, or as provided by rule.
 (i) A craft grower agent shall notify local law 
enforcement, the Illinois State Police, and the Department of 
Agriculture within 24 hours of the discovery of any loss or 
theft. Notification shall be made by phone, in person, or 
written or electronic communication.
 (j) A craft grower shall comply with all State and any 
applicable federal rules and regulations regarding the use of 
pesticides.
 (k) A craft grower or craft grower agent shall not 
transport cannabis or cannabis-infused products to any other 
cannabis business establishment without a transport 
organization license unless:
  (i) If the craft grower is located in a county with a 
 population of 3,000,000 or more, the cannabis business 
 establishment receiving the cannabis is within 2,000 feet 
 of the property line of the craft grower;
  (ii) If the craft grower is located in a county with a 
 population of more than 700,000 but fewer than 3,000,000, 
 the cannabis business establishment receiving the cannabis 
 is within 2 miles of the craft grower; or
  (iii) If the craft grower is located in a county with a 
 population of fewer than 700,000, the cannabis business 
 establishment receiving the cannabis is within 15 miles of 
 the craft grower.
 (l) A craft grower may enter into a contract with a 
transporting organization to transport cannabis to a 
cultivation center, a craft grower, an infuser organization, a 
dispensing organization, or a laboratory.
 (m) No person or entity shall hold any legal, equitable, 
ownership, or beneficial interest, directly or indirectly, of 
more than 3 craft grower licenses. Further, no person or 
entity that is employed by, an agent of, or has a contract to 
receive payment from or participate in the management of a 
craft grower, is a principal officer of a craft grower, or 
entity controlled by or affiliated with a principal officer of 
a craft grower shall hold any legal, equitable, ownership, or 
beneficial interest, directly or indirectly, in a craft grower 
license that would result in the person or entity owning or 
controlling in combination with any craft grower, principal 
officer of a craft grower, or entity controlled or affiliated 
with a principal officer of a craft grower by which he, she, or 
it is employed, is an agent of, or participates in the 
management of more than 3 craft grower licenses.
 (n) It is unlawful for any person having a craft grower 
license or any officer, associate, member, representative, or 
agent of the licensee to offer or deliver money, or anything 
else of value, directly or indirectly, to any person having an 
Early Approval Adult Use Dispensing Organization License, a 
Conditional Adult Use Dispensing Organization License, an 
Adult Use Dispensing Organization License, or a medical 
cannabis dispensing organization license issued under the 
Compassionate Use of Medical Cannabis Program Act, or to any 
person connected with or in any way representing, or to any 
member of the family of, the person holding an Early Approval 
Adult Use Dispensing Organization License, a Conditional Adult 
Use Dispensing Organization License, an Adult Use Dispensing 
Organization License, or a medical cannabis dispensing 
organization license issued under the Compassionate Use of 
Medical Cannabis Program Act, or to any stockholders in any 
corporation engaged in the retail sale of cannabis, or to any 
officer, manager, agent, or representative of the Early 
Approval Adult Use Dispensing Organization License, a 
Conditional Adult Use Dispensing Organization License, an 
Adult Use Dispensing Organization License, or a medical 
cannabis dispensing organization license issued under the 
Compassionate Use of Medical Cannabis Program Act to obtain 
preferential placement within the dispensing organization, 
including, without limitation, on shelves and in display cases 
where purchasers can view products, or on the dispensing 
organization's website.
 (o) A craft grower shall not be located within 1,500 feet 
of another craft grower or a cultivation center.
 (p) A craft grower may process cannabis, cannabis 
concentrates, and cannabis-infused products.
 (q) A craft grower must comply with any other requirements 
or prohibitions set by administrative rule of the Department 
of Agriculture.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 
10-21-21.)

 (410 ILCS 705/35-25)

 Sec. 35-25. Infuser organization requirements; 
prohibitions. 
 (a) The operating documents of an infuser shall include 
procedures for the oversight of the infuser, an inventory 
monitoring system including a physical inventory recorded 
weekly, accurate recordkeeping, and a staffing plan.
 (b) An infuser shall implement a security plan reviewed by 
the Illinois State Police that includes, but is not limited 
to: facility access controls, perimeter intrusion detection 
systems, personnel identification systems, and a 24-hour 
surveillance system to monitor the interior and exterior of 
the infuser facility and that is accessible to authorized law 
enforcement, the Department of Public Health, and the 
Department of Agriculture in real time.
 (c) All processing of cannabis by an infuser must take 
place in an enclosed, locked facility at the physical address 
provided to the Department of Agriculture during the licensing 
process. The infuser location shall only be accessed by the 
agents working for the infuser, the Department of Agriculture 
staff performing inspections, the Department of Public Health 
staff performing inspections, State and local law enforcement 
or other emergency personnel, contractors working on jobs 
unrelated to cannabis, such as installing or maintaining 
security devices or performing electrical wiring, transporting 
organization agents as provided in this Act, participants in 
the incubator program, individuals in a mentoring or 
educational program approved by the State, local safety or 
health inspectors, or other individuals as provided by rule. 
However, if an infuser shares a premises with a craft grower or 
dispensing organization, agents from these other licensees may 
access the infuser portion of the premises if that is the 
location of common bathrooms, lunchrooms, locker rooms, or 
other areas of the building where processing of cannabis is 
not performed. At no time may a craft grower or dispensing 
organization agent perform work at an infuser without being a 
registered agent of the infuser.
 (d) An infuser may not sell or distribute any cannabis to 
any person other than a dispensing organization, or as 
otherwise authorized by rule.
 (e) An infuser may not either directly or indirectly 
discriminate in price between different cannabis business 
establishments that are purchasing a like grade, strain, 
brand, and quality of cannabis or cannabis-infused product. 
Nothing in this subsection (e) prevents an infuser from 
pricing cannabis differently based on differences in the cost 
of manufacturing or processing, the quantities sold, such 
volume discounts, or the way the products are delivered.
 (f) All cannabis infused by an infuser and intended for 
distribution to a dispensing organization must be entered into 
a data collection system, packaged and labeled under Section 
55-21, and, if distribution is to a dispensing organization 
that does not share a premises with the infuser, placed into a 
cannabis container for transport. All cannabis produced by an 
infuser and intended for distribution to a cultivation center, 
infuser organization, or craft grower with which it does not 
share a premises, must be packaged in a labeled cannabis 
container and entered into a data collection system before 
transport.
 (g) Infusers are subject to random inspections by the 
Department of Agriculture, the Department of Public Health, 
the Illinois State Police, local law enforcement, or as 
provided by rule.
 (h) An infuser agent shall notify local law enforcement, 
the Illinois State Police, and the Department of Agriculture 
within 24 hours of the discovery of any loss or theft. 
Notification shall be made by phone, in person, or by written 
or electronic communication.
 (i) An infuser organization may not be located in an area 
zoned for residential use.
 (j) An infuser or infuser agent shall not transport 
cannabis or cannabis-infused products to any other cannabis 
business establishment without a transport organization 
license unless:
  (i) If the infuser is located in a county with a 
 population of 3,000,000 or more, the cannabis business 
 establishment receiving the cannabis or cannabis-infused 
 product is within 2,000 feet of the property line of the 
 infuser;
  (ii) If the infuser is located in a county with a 
 population of more than 700,000 but fewer than 3,000,000, 
 the cannabis business establishment receiving the cannabis 
 or cannabis-infused product is within 2 miles of the 
 infuser; or
  (iii) If the infuser is located in a county with a 
 population of fewer than 700,000, the cannabis business 
 establishment receiving the cannabis or cannabis-infused 
 product is within 15 miles of the infuser.
 (k) An infuser may enter into a contract with a 
transporting organization to transport cannabis to a 
dispensing organization or a laboratory.
 (l) An infuser organization may share premises with a 
craft grower or a dispensing organization, or both, provided 
each licensee stores currency and cannabis or cannabis-infused 
products in a separate secured vault to which the other 
licensee does not have access or all licensees sharing a vault 
share more than 50% of the same ownership. 
 (m) It is unlawful for any person or entity having an 
infuser organization license or any officer, associate, 
member, representative or agent of such licensee to offer or 
deliver money, or anything else of value, directly or 
indirectly to any person having an Early Approval Adult Use 
Dispensing Organization License, a Conditional Adult Use 
Dispensing Organization License, an Adult Use Dispensing 
Organization License, or a medical cannabis dispensing 
organization license issued under the Compassionate Use of 
Medical Cannabis Program Act, or to any person connected with 
or in any way representing, or to any member of the family of, 
such person holding an Early Approval Adult Use Dispensing 
Organization License, a Conditional Adult Use Dispensing 
Organization License, an Adult Use Dispensing Organization 
License, or a medical cannabis dispensing organization license 
issued under the Compassionate Use of Medical Cannabis Program 
Act, or to any stockholders in any corporation engaged the 
retail sales of cannabis, or to any officer, manager, agent, 
or representative of the Early Approval Adult Use Dispensing 
Organization License, a Conditional Adult Use Dispensing 
Organization License, an Adult Use Dispensing Organization 
License, or a medical cannabis dispensing organization license 
issued under the Compassionate Use of Medical Cannabis Program 
Act to obtain preferential placement within the dispensing 
organization, including, without limitation, on shelves and in 
display cases where purchasers can view products, or on the 
dispensing organization's website.
 (n) At no time shall an infuser organization or an infuser 
agent perform the extraction of cannabis concentrate from 
cannabis flower.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 
10-14-21.)

 (410 ILCS 705/35-30)

 Sec. 35-30. Infuser agent identification card. 
 (a) The Department of Agriculture shall:
  (1) establish by rule the information required in an 
 initial application or renewal application for an agent 
 identification card submitted under this Act and the 
 nonrefundable fee to accompany the initial application or 
 renewal application;
  (2) verify the information contained in an initial 
 application or renewal application for an agent 
 identification card submitted under this Act, and approve 
 or deny an application within 30 days of receiving a 
 completed initial application or renewal application and 
 all supporting documentation required by rule;
  (3) issue an agent identification card to a qualifying 
 agent within 15 business days of approving the initial 
 application or renewal application;
  (4) enter the license number of the infuser where the 
 agent works; and
  (5) allow for an electronic initial application and 
 renewal application process, and provide a confirmation by 
 electronic or other methods that an application has been 
 submitted. The Department of Agriculture may by rule 
 require prospective agents to file their applications by 
 electronic means and provide notices to the agents by 
 electronic means.
 (b) An agent must keep his or her identification card 
visible at all times when on the property of a cannabis 
business establishment including the cannabis business 
establishment for which he or she is an agent.
 (c) The agent identification cards shall contain the 
following:
  (1) the name of the cardholder;
  (2) the date of issuance and expiration date of the 
 identification card;
  (3) a random 10-digit alphanumeric identification 
 number containing at least 4 numbers and at least 4 
 letters that is unique to the holder;
  (4) a photograph of the cardholder; and
  (5) the legal name of the infuser organization 
 employing the agent.
 (d) An agent identification card shall be immediately 
returned to the infuser organization of the agent upon 
termination of his or her employment.
 (e) Any agent identification card lost by a transporting 
agent shall be reported to the Illinois State Police and the 
Department of Agriculture immediately upon discovery of the 
loss.
 (f) An agent applicant may begin employment at an infuser 
organization while the agent applicant's identification card 
application is pending. Upon approval, the Department shall 
issue the agent's identification card to the agent. If denied, 
the infuser organization and the agent applicant shall be 
notified and the agent applicant must cease all activity at 
the infuser organization immediately. 

(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 
102-538, eff. 8-20-21; revised 10-14-21.)

 (410 ILCS 705/40-25)

 Sec. 40-25. Transporting organization requirements; 
prohibitions. 
 (a) The operating documents of a transporting organization 
shall include procedures for the oversight of the transporter, 
an inventory monitoring system including a physical inventory 
recorded weekly, accurate recordkeeping, and a staffing plan.
 (b) A transporting organization may not transport cannabis 
or cannabis-infused products to any person other than a 
cultivation center, a craft grower, an infuser organization, a 
dispensing organization, a testing facility, or as otherwise 
authorized by rule.
 (c) All cannabis transported by a transporting 
organization must be entered into a data collection system and 
placed into a cannabis container for transport. 
 (d) Transporters are subject to random inspections by the 
Department of Agriculture, the Department of Public Health, 
the Illinois State Police, or as provided by rule.
 (e) A transporting organization agent shall notify local 
law enforcement, the Illinois State Police, and the Department 
of Agriculture within 24 hours of the discovery of any loss or 
theft. Notification shall be made by phone, in person, or by 
written or electronic communication.
 (f) No person under the age of 21 years shall be in a 
commercial vehicle or trailer transporting cannabis goods.
 (g) No person or individual who is not a transporting 
organization agent shall be in a vehicle while transporting 
cannabis goods.
 (h) Transporters may not use commercial motor vehicles 
with a weight rating of over 10,001 pounds.
 (i) It is unlawful for any person to offer or deliver 
money, or anything else of value, directly or indirectly, to 
any of the following persons to obtain preferential placement 
within the dispensing organization, including, without 
limitation, on shelves and in display cases where purchasers 
can view products, or on the dispensing organization's 
website:
  (1) a person having a transporting organization 
 license, or any officer, associate, member, 
 representative, or agent of the licensee;
  (2) a person having an Early Applicant Adult Use 
 Dispensing Organization License, an Adult Use Dispensing 
 Organization License, or a medical cannabis dispensing 
 organization license issued under the Compassionate Use of 
 Medical Cannabis Program Act;
  (3) a person connected with or in any way 
 representing, or a member of the family of, a person 
 holding an Early Applicant Adult Use Dispensing 
 Organization License, an Adult Use Dispensing Organization 
 License, or a medical cannabis dispensing organization 
 license issued under the Compassionate Use of Medical 
 Cannabis Program Act; or
  (4) a stockholder, officer, manager, agent, or 
 representative of a corporation engaged in the retail sale 
 of cannabis, an Early Applicant Adult Use Dispensing 
 Organization License, an Adult Use Dispensing Organization 
 License, or a medical cannabis dispensing organization 
 license issued under the Compassionate Use of Medical 
 Cannabis Program Act.
 (j) A transporting organization agent must keep his or her 
identification card visible at all times when on the property 
of a cannabis business establishment and during the 
transporting of cannabis when acting under his or her duties 
as a transportation organization agent. During these times, 
the transporting organization agent must also provide the 
identification card upon request of any law enforcement 
officer engaged in his or her official duties.
 (k) A copy of the transporting organization's registration 
and a manifest for the delivery shall be present in any vehicle 
transporting cannabis.
 (l) Cannabis shall be transported so it is not visible or 
recognizable from outside the vehicle.
 (m) A vehicle transporting cannabis must not bear any 
markings to indicate the vehicle contains
cannabis or bear the 
name or logo of the cannabis business establishment.
 (n) Cannabis must be transported in an enclosed, locked 
storage compartment that is secured or affixed to the vehicle. 
 (o) The Department of Agriculture may, by rule, impose any 
other requirements or prohibitions on the transportation of 
cannabis.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 
10-14-21.)

 (410 ILCS 705/40-30)

 Sec. 40-30. Transporting agent identification card. 
 (a) The Department of Agriculture shall:
  (1) establish by rule the information required in an 
 initial application or renewal application for an agent 
 identification card submitted under this Act and the 
 nonrefundable fee to accompany the initial application or 
 renewal application;
  (2) verify the information contained in an initial 
 application or renewal application for an agent 
 identification card submitted under this Act and approve 
 or deny an application within 30 days of receiving a 
 completed initial application or renewal application and 
 all supporting documentation required by rule;
  (3) issue an agent identification card to a qualifying 
 agent within 15 business days of approving the initial 
 application or renewal application;
  (4) enter the license number of the transporting 
 organization where the agent works; and
  (5) allow for an electronic initial application and 
 renewal application process, and provide a confirmation by 
 electronic or other methods that an application has been 
 submitted. The Department of Agriculture may by rule 
 require prospective agents to file their applications by 
 electronic means and provide notices to the agents by 
 electronic means.
 (b) An agent must keep his or her identification card 
visible at all times when on the property of a cannabis 
business establishment, including the cannabis business 
establishment for which he or she is an agent.
 (c) The agent identification cards shall contain the 
following:
  (1) the name of the cardholder;
  (2) the date of issuance and expiration date of the 
 identification card;
  (3) a random 10-digit alphanumeric identification 
 number containing at least 4 numbers and at least 4 
 letters that is unique to the holder;
  (4) a photograph of the cardholder; and
  (5) the legal name of the transporting organization 
 employing the agent.
 (d) An agent identification card shall be immediately 
returned to the transporting organization of the agent upon 
termination of his or her employment.
 (e) Any agent identification card lost by a transporting 
agent shall be reported to the Illinois State Police and the 
Department of Agriculture immediately upon discovery of the 
loss.
 (f) An application for an agent identification card shall 
be denied if the applicant is delinquent in filing any 
required tax returns or paying any amounts owed to the State of 
Illinois.

 (g) An agent applicant may begin employment at a 
transporting organization while the agent applicant's 
identification card application is pending. Upon approval, the 
Department shall issue the agent's identification card to the 
agent. If denied, the transporting organization and the agent 
applicant shall be notified and the agent applicant must cease 
all activity at the transporting organization immediately. 
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 
10-14-21.)

 (410 ILCS 705/55-30)

 Sec. 55-30. Confidentiality. 
 (a) Information provided by the cannabis business 
establishment licensees or applicants to the Department of 
Agriculture, the Department of Public Health, the Department 
of Financial and Professional Regulation, the Department of 
Commerce and Economic Opportunity, or other agency shall be 
limited to information necessary for the purposes of 
administering this Act. The information is subject to the 
provisions and limitations contained in the Freedom of 
Information Act and may be disclosed in accordance with 
Section 55-65.
 (b) The following information received and records kept by 
the Department of Agriculture, the Department of Public 
Health, the Illinois State Police, and the Department of 
Financial and Professional Regulation for purposes of 
administering this Article are subject to all applicable 
federal privacy laws, are confidential and exempt from 
disclosure under the Freedom of Information Act, except as 
provided in this Act, and not subject to disclosure to any 
individual or public or private entity, except to the 
Department of Financial and Professional Regulation, the 
Department of Agriculture, the Department of Public Health, 
and the Illinois State Police as necessary to perform official 
duties under this Article and to the Attorney General as 
necessary to enforce the provisions of this Act. The following 
information received and kept by the Department of Financial 
and Professional Regulation or the Department of Agriculture 
may be disclosed to the Department of Public Health, the 
Department of Agriculture, the Department of Revenue, the 
Illinois State Police, or the Attorney General upon proper 
request:
  (1) Applications and renewals, their contents, and 
 supporting information submitted by or on behalf of 
 dispensing organizations, cannabis business 
 establishments, or Community College Cannabis Vocational 
 Program licensees, in compliance with this Article, 
 including their physical addresses; however, this does not 
 preclude the release of ownership information about 
 cannabis business establishment licenses, or information 
 submitted with an application required to be disclosed 
 pursuant to subsection (f);
  (2) Any plans, procedures, policies, or other records 
 relating to cannabis business establishment security; and
  (3) Information otherwise exempt from disclosure by 
 State or federal law.
 Illinois or national criminal history record information, 
or the nonexistence or lack of such information, may not be 
disclosed by the Department of Financial and Professional 
Regulation or the Department of Agriculture, except as 
necessary to the Attorney General to enforce this Act. 
 (c) The name and address of a dispensing organization 
licensed under this Act shall be subject to disclosure under 
the Freedom of Information Act. The name and cannabis business 
establishment address of the person or entity holding each 
cannabis business establishment license shall be subject to 
disclosure.
 (d) All information collected by the Department of 
Financial and Professional Regulation or the Department of 
Agriculture in the course of an examination, inspection, or 
investigation of a licensee or applicant, including, but not 
limited to, any complaint against a licensee or applicant 
filed with the Department of Financial and Professional 
Regulation or the Department of Agriculture and information 
collected to investigate any such complaint, shall be 
maintained for the confidential use of the Department of 
Financial and Professional Regulation or the Department of 
Agriculture and shall not be disclosed, except as otherwise 
provided in this Act. A formal complaint against a licensee by 
the Department of Financial and Professional Regulation or the 
Department of Agriculture or any disciplinary order issued by 
the Department of Financial and Professional Regulation or the 
Department of Agriculture against a licensee or applicant 
shall be a public record, except as otherwise provided by law. 
Complaints from consumers or members of the general public 
received regarding a specific, named licensee or complaints 
regarding conduct by unlicensed entities shall be subject to 
disclosure under the Freedom of Information Act. 
 (e) The Department of Agriculture, the Illinois State 
Police, and the Department of Financial and Professional 
Regulation shall not share or disclose any Illinois or 
national criminal history record information, or the 
nonexistence or lack of such information, to any person or 
entity not expressly authorized by this Act. 
 (f) Each Department responsible for licensure under this 
Act shall publish on the Department's website a list of the 
ownership information of cannabis business establishment 
licensees under the Department's jurisdiction. The list shall 
include, but is not limited to: the name of the person or 
entity holding each cannabis business establishment license; 
and the address at which the entity is operating under this 
Act. This list shall be published and updated monthly.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 
10-14-21.)

 Section 545. The Environmental Protection Act is amended 
by changing Sections 3.330, 17.12, 21, 22.15, 22.59, and 39 as 
follows:




 (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)


 Sec. 3.330. Pollution control facility. 

 (a) "Pollution control facility" is any waste storage 
site, sanitary
landfill, waste disposal site, waste transfer 
station, waste treatment
facility, or waste incinerator. This 
includes sewers, sewage treatment
plants, and any other 
facilities owned or operated by sanitary districts
organized 
under the Metropolitan Water Reclamation District Act.

 The following are not pollution control facilities:

  (1) (blank);

  (2) waste storage sites regulated under 40 CFR, Part 
 761.42;

  (3) sites or facilities used by any person conducting 
 a waste storage,
waste treatment, waste disposal, waste 
 transfer or waste incineration
operation, or a combination 
 thereof, for wastes generated by such person's
own 
 activities, when such wastes are stored, treated, disposed 
 of,
transferred or incinerated within the site or facility 
 owned, controlled or
operated by such person, or when such 
 wastes are transported within or
between sites or 
 facilities owned, controlled or operated by such person;

  (4) sites or facilities at which the State is 
 performing removal or
remedial action pursuant to Section 
 22.2 or 55.3;

  (5) abandoned quarries used solely for the disposal of 
 concrete, earth
materials, gravel, or aggregate debris 
 resulting from road construction
activities conducted by a 
 unit of government or construction activities due
to the 
 construction and installation of underground pipes, lines, 
 conduit
or wires off of the premises of a public utility 
 company which are
conducted by a public utility;

  (6) sites or facilities used by any person to 
 specifically conduct a
landscape composting operation;

  (7) regional facilities as defined in the Central 
 Midwest Interstate
Low-Level Radioactive Waste Compact;

  (8) the portion of a site or facility where coal 
 combustion wastes are
stored or disposed of in accordance 
 with subdivision (r)(2) or (r)(3) of
Section 21;

  (9) the portion of a site or facility used for the 
 collection,
storage or processing of waste tires as 
 defined in Title XIV;

  (10) the portion of a site or facility used for 
 treatment of
petroleum contaminated materials by 
 application onto or incorporation into
the soil surface 
 and any portion of that site or facility used for storage

 of petroleum contaminated materials before treatment. Only 
 those categories
of petroleum listed in Section
57.9(a)(3) 
 are exempt under this subdivision (10);

  (11) the portion of a site or facility where used oil 
 is collected or
stored prior to shipment to a recycling or 
 energy recovery facility, provided
that the used oil is 
 generated by households or commercial establishments, and

 the site or facility is a recycling center or a business 
 where oil or gasoline
is sold at retail;
  (11.5) processing sites or facilities that receive 
 only on-specification used oil, as defined in 35 Ill. Adm. 
 Admin. Code 739, originating from used oil collectors for 
 processing that is managed under 35 Ill. Adm. Admin. Code 
 739 to produce products for sale to off-site petroleum 
 facilities, if these processing sites or facilities are: 
 (i) located within a home rule unit of local government 
 with a population of at least 30,000 according to the 2000 
 federal census, that home rule unit of local government 
 has been designated as an Urban Round II Empowerment Zone 
 by the United States Department of Housing and Urban 
 Development, and that home rule unit of local government 
 has enacted an ordinance approving the location of the 
 site or facility and provided funding for the site or 
 facility; and (ii) in compliance with all applicable 
 zoning requirements;


  (12) the portion of a site or facility utilizing coal 
 combustion waste
for stabilization and treatment of only 
 waste generated on that site or
facility when used in 
 connection with response actions pursuant to the federal

 Comprehensive Environmental Response, Compensation, and 
 Liability Act of 1980,
the federal Resource Conservation 
 and Recovery Act of 1976, or the Illinois
Environmental 
 Protection Act or as authorized by the Agency;

  (13) the portion of a site or facility regulated under 
 Section 22.38 of this Act;
  (14) the portion of a site or facility, located within 
 a unit of local government that has enacted local zoning 
 requirements, used to accept, separate, and process 
 uncontaminated broken concrete, with or without protruding 
 metal bars, provided that the uncontaminated broken 
 concrete and metal bars are not speculatively accumulated, 
 are at the site or facility no longer than one year after 
 their acceptance, and are returned to the economic 
 mainstream in the form of raw materials or products;

  (15) the portion of a site or facility located in a 
 county with a population over 3,000,000 that has obtained 
 local siting approval under Section 39.2 of this Act for a 
 municipal waste incinerator on or before July 1, 2005 and 
 that is used for a non-hazardous waste transfer station;

  (16) a site or facility that temporarily holds in 
 transit for 10 days or less, non-putrescible solid waste 
 in original containers, no larger in capacity than 500 
 gallons, provided that such waste is further transferred 
 to a recycling, disposal, treatment, or storage facility 
 on a non-contiguous site and provided such site or 
 facility complies with the applicable 10-day transfer 
 requirements of the federal Resource Conservation and 
 Recovery Act of 1976 and United States Department of 
 Transportation hazardous material requirements. For 
 purposes of this Section only, "non-putrescible solid 
 waste" means waste other than municipal garbage that does 
 not rot or become putrid, including, but not limited to, 
 paints, solvent, filters, and absorbents;

  (17)
the portion of a site or facility located in a 
 county with a population greater than 3,000,000 that has 
 obtained local siting approval, under Section 39.2 of this 
 Act, for a municipal waste incinerator on or before July 
 1, 2005 and that is used for wood combustion facilities 
 for energy recovery that accept and burn only wood 
 material, as included in a fuel specification approved by 
 the Agency;

  (18)
a transfer station used exclusively for landscape 
 waste, including a transfer station where landscape waste 
 is ground to reduce its volume, where the landscape waste 
 is held no longer than 24 hours from the time it was 
 received;
  (19) the portion of a site or facility that (i) is used 
 for the composting of food scrap, livestock waste, crop 
 residue, uncontaminated wood waste, or paper waste, 
 including, but not limited to, corrugated paper or 
 cardboard, and (ii) meets all of the following 
 requirements:
   (A) There must not be more than a total of 30,000 
 cubic yards of livestock waste in raw form or in the 
 process of being composted at the site or facility at 
 any one time.
   (B) All food scrap, livestock waste, crop residue, 
 uncontaminated wood waste, and paper waste must, by 
 the end of each operating day, be processed and placed 
 into an enclosed vessel in which air flow and 
 temperature are controlled, or all of the following 
 additional requirements must be met:
    (i) The portion of the site or facility used 
 for the composting operation must include a 
 setback of at least 200 feet from the nearest 
 potable water supply well.
    (ii) The portion of the site or facility used 
 for the composting operation must be located 
 outside the boundary of the 10-year floodplain or 
 floodproofed.
    (iii) Except in municipalities with more than 
 1,000,000 inhabitants, the portion of the site or 
 facility used for the composting operation must be 
 located at least one-eighth of a mile from the 
 nearest residence, other than a residence located 
 on the same property as the site or facility.
    (iv) The portion of the site or facility used 
 for the composting operation must be located at 
 least one-eighth of a mile from the property line 
 of all of the following areas:
     (I) Facilities that primarily serve to 
 house or treat people that are 
 immunocompromised or immunosuppressed, such as 
 cancer or AIDS patients; people with asthma, 
 cystic fibrosis, or bioaerosol allergies; or 
 children under the age of one year.
     (II) Primary and secondary schools and 
 adjacent areas that the schools use for 
 recreation.
     (III) Any facility for child care licensed 
 under Section 3 of the Child Care Act of 1969; 
 preschools; and adjacent areas that the 
 facilities or preschools use for recreation.
    (v) By the end of each operating day, all food 
 scrap, livestock waste, crop residue, 
 uncontaminated wood waste, and paper waste must be 
 (i) processed into windrows or other piles and 
 (ii) covered in a manner that prevents scavenging 
 by birds and animals and that prevents other 
 nuisances.
   (C) Food scrap, livestock waste, crop residue, 
 uncontaminated wood waste, paper waste, and compost 
 must not be placed within 5 feet of the water table.
   (D) The site or facility must meet all of the 
 requirements of the Wild and Scenic Rivers Act (16 
 U.S.C. 1271 et seq.).
   (E) The site or facility must not (i) restrict the 
 flow of a 100-year flood, (ii) result in washout of 
 food scrap, livestock waste, crop residue, 
 uncontaminated wood waste, or paper waste from a 
 100-year flood, or (iii) reduce the temporary water 
 storage capacity of the 100-year floodplain, unless 
 measures are undertaken to provide alternative storage 
 capacity, such as by providing lagoons, holding tanks, 
 or drainage around structures at the facility.
   (F) The site or facility must not be located in any 
 area where it may pose a threat of harm or destruction 
 to the features for which:
    (i) an irreplaceable historic or 
 archaeological site has been listed under the 
 National Historic Preservation Act (16 U.S.C. 470 
 et seq.) or the Illinois Historic Preservation 
 Act;
    (ii) a natural landmark has been designated by 
 the National Park Service or the Illinois State 
 Historic Preservation Office; or
    (iii) a natural area has been designated as a 
 Dedicated Illinois Nature Preserve under the 
 Illinois Natural Areas Preservation Act.
   (G) The site or facility must not be located in an 
 area where it may jeopardize the continued existence 
 of any designated endangered species, result in the 
 destruction or adverse modification of the critical 
 habitat for such species, or cause or contribute to 
 the taking of any endangered or threatened species of 
 plant, fish, or wildlife listed under the Endangered 
 Species Act (16 U.S.C. 1531 et seq.) or the Illinois 
 Endangered Species Protection Act; 
  (20) the portion of a site or facility that is located 
 entirely within a home rule unit having a population of no 
 less than 120,000 and no more than 135,000, according to 
 the 2000 federal census, and that meets all of the 
 following requirements:
   (i) the portion of the site or facility is used 
 exclusively to perform testing of a thermochemical 
 conversion technology using only woody biomass, 
 collected as landscape waste within the boundaries of 
 the home rule unit, as the hydrocarbon feedstock for 
 the production of synthetic gas in accordance with 
 Section 39.9 of this Act;
   (ii) the portion of the site or facility is in 
 compliance with all applicable zoning requirements; 
 and
   (iii) a complete application for a demonstration 
 permit at the portion of the site or facility has been 
 submitted to the Agency in accordance with Section 
 39.9 of this Act within one year after July 27, 2010 
 (the effective date of Public Act 96-1314);
  (21) the portion of a site or facility used to perform 
 limited testing of a gasification conversion technology in 
 accordance with Section 39.8 of this Act and for which a 
 complete permit application has been submitted to the 
 Agency prior to one year from April 9, 2010 (the effective 
 date of Public Act 96-887);

  (22) the portion of a site or facility that is used to 
 incinerate only pharmaceuticals from residential sources 
 that are collected and transported by law enforcement 
 agencies under Section 17.9A of this Act; 
  (23) the portion of a site or facility: 
   (A) that is used exclusively for the transfer of 
 commingled landscape waste and food scrap held at the 
 site or facility for no longer than 24 hours after 
 their receipt;
   (B) that is located entirely within a home rule 
 unit having a population of (i) not less than 100,000 
 and not more than 115,000 according to the 2010 
 federal census, (ii) not less than 5,000 and not more 
 than 10,000 according to the 2010 federal census, or 
 (iii) not less than 25,000 and not more than 30,000 
 according to the 2010 federal census or that is 
 located in the unincorporated area of a county having 
 a population of not less than 700,000 and not more than 
 705,000 according to the 2010 federal census;
   (C) that is permitted, by the Agency, prior to 
 January 1, 2002, for the transfer of landscape waste 
 if located in a home rule unit or that is permitted 
 prior to January 1, 2008 if located in an 
 unincorporated area of a county; and
   (D) for which a permit application is submitted to 
 the Agency to modify an existing permit for the 
 transfer of landscape waste to also include, on a 
 demonstration basis not to exceed 24 months each time 
 a permit is issued, the transfer of commingled 
 landscape waste and food scrap or for which a permit 
 application is submitted to the Agency within 6 months 
 of August 11, 2017 (the effective date of Public Act 
 100-94) this amendatory Act of the 100th General 
 Assembly;
  (24) the portion of a municipal solid waste landfill 
 unit:
   (A) that is located in a county having a 
 population of not less than 55,000 and not more than 
 60,000 according to the 2010 federal census;
   (B) that is owned by that county;
   (C) that is permitted, by the Agency, prior to 
 July 10, 2015 (the effective date of Public Act 
 99-12); and
   (D) for which a permit application is submitted to 
 the Agency within 6 months after July 10, 2015 (the 
 effective date of Public Act 99-12) for the disposal 
 of non-hazardous special waste; and
  (25) the portion of a site or facility used during a 
 mass animal mortality event, as defined in the Animal 
 Mortality Act, where such waste is collected, stored, 
 processed, disposed, or incinerated under a mass animal 
 mortality event plan issued by the Department of 
 Agriculture. 
 (b) A new pollution control facility is:

  (1) a pollution control facility initially permitted 
 for development or
construction after July 1, 1981; or

  (2) the area of expansion beyond the boundary of a 
 currently permitted
pollution control facility; or

  (3) a permitted pollution control facility requesting 
 approval to
store, dispose of, transfer or incinerate, for 
 the first time, any special
or hazardous waste.

(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; 
revised 9-22-21.)


 (415 ILCS 5/17.12)
 Sec. 17.12. Lead service line replacement and 
notification.
 (a) The purpose of this Act is to: (1) require the owners 
and operators of community water supplies to develop, 
implement, and maintain a comprehensive water service line 
material inventory and a comprehensive lead service line 
replacement plan, provide notice to occupants of potentially 
affected buildings before any construction or repair work on 
water mains or lead service lines, and request access to 
potentially affected buildings before replacing lead service 
lines; and (2) prohibit partial lead service line 
replacements, except as authorized within this Section.
 (b) The General Assembly finds and declares that: 
  (1) There is no safe level of exposure to heavy metal 
 lead, as found by the United States Environmental 
 Protection Agency and the Centers for Disease Control and 
 Prevention.
  (2) Lead service lines can convey this harmful 
 substance to the drinking water supply.
  (3) According to the Illinois Environmental Protection 
 Agency's 2018 Service Line Material Inventory, the State 
 of Illinois is estimated to have over 680,000 lead-based 
 service lines still in operation.
  (4) The true number of lead service lines is not fully 
 known because Illinois lacks an adequate inventory of lead 
 service lines.
  (5) For the general health, safety and welfare of its 
 residents, all lead service lines in Illinois should be 
 disconnected from the drinking water supply, and the 
 State's drinking water supply. 
 (c) In this Section:
 "Advisory Board" means the Lead Service Line Replacement 
Advisory Board created under subsection (x).
 "Community water supply" has the meaning ascribed to it in 
Section 3.145 of this Act.
 "Department" means the Department of Public Health.
 "Emergency repair" means any unscheduled water main, water 
service, or water valve repair or replacement that results 
from failure or accident.
 "Fund" means the Lead Service Line Replacement Fund 
created under subsection (bb).
 "Lead service line" means a service line made of lead or 
service line connected to a lead pigtail, lead gooseneck, or 
other lead fitting.
 "Material inventory" means a water service line material 
inventory developed by a community water supply under this 
Act.
 "Non-community Noncommunity water supply" has the meaning 
ascribed to it in Section 3.145 of the Environmental 
Protection Act.
 "NSF/ANSI Standard" means a water treatment standard 
developed by NSF International.
 "Partial lead service line replacement" means replacement 
of only a portion of a lead service line.
 "Potentially affected building" means any building that is 
provided water service through a service line that is either a 
lead service line or a suspected lead service line.
 "Public water supply" has the meaning ascribed to it in 
Section 3.365 of this Act.
 "Service line" means the piping, tubing, and necessary 
appurtenances acting as a conduit from the water main or 
source of potable water supply to the building plumbing at the 
first shut-off valve or 18 inches inside the building, 
whichever is shorter.
 "Suspected lead service line" means a service line that a 
community water supply finds more likely than not to be made of 
lead after completing the requirements under paragraphs (2) 
through (5) of subsection (h).
 "Small system" means a community water supply that 
regularly serves water to 3,300 or fewer persons. 
 (d) An owner or operator of a community water supply 
shall: 
  (1) develop an initial material inventory by April 15, 
 2022 and electronically submit by April 15, 2023 an 
 updated material inventory electronically to the Agency; 
 and
  (2) deliver a complete material inventory to the 
 Agency no later than April 15, 2024, or such time as 
 required by federal law, whichever is sooner. The complete 
 inventory shall report the composition of all service 
 lines in the community water supply's distribution system. 
 (e) The Agency shall review and approve the final material 
inventory submitted to it under subsection (d).
 (f) If a community water supply does not submit a complete 
inventory to the Agency by April 15, 2024 under paragraph (2) 
of subsection (d), the community water supply may apply for an 
extension to the Agency no less than 3 months prior to the due 
date. The Agency shall develop criteria for granting material 
inventory extensions. When considering requests for extension, 
the Agency shall, at a minimum, consider: 
  (1) the number of service connections in a water 
 supply; and
  (2) the number of service lines of an unknown material 
 composition.
 (g) A material inventory prepared for a community water 
supply under subsection (d) shall identify: 
  (1) the total number of service lines connected to the 
 community water supply's distribution system;
  (2) the materials of construction of each service line 
 connected to the community water supply's distribution 
 system;
  (3) the number of suspected lead service lines that 
 were newly identified in the material inventory for the 
 community water supply after the community water supply 
 last submitted a service line inventory to the Agency; and
  (4) the number of suspected or known lead service 
 lines that were replaced after the community water supply 
 last submitted a service line inventory to the Agency, and 
 the material of the service line that replaced each lead 
 service line. 
 When identifying the materials of construction under 
paragraph (2) of this subsection, the owner or operator of the 
community water supply shall to the best of the owner's or 
operator's ability identify the type of construction material 
used on the customer's side of the curb box, meter, or other 
line of demarcation and the community water supply's side of 
the curb box, meter, or other line of demarcation.
 (h) In completing a material inventory under subsection 
(d), the owner or operator of a community water supply shall: 
  (1) prioritize inspections of high-risk areas 
 identified by the community water supply and inspections 
 of high-risk facilities, such as preschools, day care 
 centers, day care homes, group day care homes, parks, 
 playgrounds, hospitals, and clinics, and confirm service 
 line materials in those areas and at those facilities;
  (2) review historical documentation, such as 
 construction logs or cards, as-built drawings, purchase 
 orders, and subdivision plans, to determine service line 
 material construction;
  (3) when conducting distribution system maintenance, 
 visually inspect service lines and document materials of 
 construction;
  (4) identify any time period when the service lines 
 being connected to its distribution system were primarily 
 lead service lines, if such a time period is known or 
 suspected; and
  (5) discuss service line repair and installation with 
 its employees, contractors, plumbers, other workers who 
 worked on service lines connected to its distribution 
 system, or all of the above.
 (i) The owner or operator of each community water supply 
shall maintain records of persons who refuse to grant access 
to the interior of a building for purposes of identifying the 
materials of construction of a service line. If a community 
water supply has been denied access on the property or to the 
interior of a building for that reason, then the community 
water supply shall attempt to identify the service line as a 
suspected lead service line, unless documentation is provided 
showing otherwise.
 (j) If a community water supply identifies a lead service 
line connected to a building, the owner or operator of the 
community water supply shall attempt to notify the owner of 
the building and all occupants of the building of the 
existence of the lead service line within 15 days after 
identifying the lead service line, or as soon as is reasonably 
possible thereafter. Individual written notice shall be given 
according to the provisions of subsection (jj).
 (k) An owner or operator of a community water supply has no 
duty to include in the material inventory required under 
subsection (d) information about service lines that are 
physically disconnected from a water main in its distribution 
system.
 (l) The owner or operator of each community water supply 
shall post on its website a copy of the most recently submitted 
material inventory or alternatively may request that the 
Agency post a copy of that material inventory on the Agency's 
website.
 (m) Nothing in this Section shall be construed to require 
service lines to be unearthed for the sole purpose of 
inventorying.
 (n) When an owner or operator of a community water supply 
awards a contract under this Section, the owner or operator 
shall make a good faith effort to use contractors and vendors 
owned by minority persons, women, and persons with a 
disability, as those terms are defined in Section 2 of the 
Business Enterprise for Minorities, Women, and Persons with 
Disabilities Act, for not less than 20% of the total 
contracts, provided that:
  (1) contracts representing at least 11% of the total 
 projects shall be awarded to minority-owned businesses, as 
 defined in Section 2 of the Business Enterprise for 
 Minorities, Women, and Persons with Disabilities Act;
  (2) contracts representing at least 7% of the total 
 projects shall be awarded to women-owned businesses, as 
 defined in Section 2 of the Business Enterprise for 
 Minorities, Women, and Persons with Disabilities Act; and
  (3) contracts representing at least 2% of the total 
 projects shall be awarded to businesses owned by persons 
 with a disability.
 Owners or operators of a community water supply are 
encouraged to divide projects, whenever economically feasible, 
into contracts of smaller size that ensure small business 
contractors or vendors shall have the ability to qualify in 
the applicable bidding process, when determining the ability 
to deliver on a given contract based on scope and size, as a 
responsible and responsive bidder.
 When a contractor or vendor submits a bid or letter of 
intent in response to a request for proposal or other bid 
submission, the contractor or vendor shall include with its 
responsive documents a utilization plan that shall address how 
compliance with applicable good faith requirements set forth 
in this subsection shall be addressed.
 Under this subsection, "good faith effort" means
a 
community water supply has taken all necessary steps to comply 
with the goals of this subsection by complying with the 
following:
  (1) Soliciting through reasonable and available means 
 the interest of a business, as defined in Section 2 of the 
 Business Enterprise for Minorities, Women, and Persons 
 with Disabilities Act, that have the capability to perform 
 the work of the contract. The community water supply must 
 solicit this interest within sufficient time to allow 
 certified businesses to respond.
  (2) Providing interested certified businesses with 
 adequate information about the plans, specifications, and 
 requirements of the contract, including addenda, in a 
 timely manner to assist them in responding to the 
 solicitation.
  (3) Meeting in good faith with interested certified 
 businesses that have submitted bids.
  (4) Effectively using the services of the State, 
 minority or women community organizations, minority or 
 women contractor groups, local, State, and federal 
 minority or women business assistance offices, and other 
 organizations to provide assistance in the recruitment and 
 placement of certified businesses.
  (5) Making efforts to use appropriate forums for 
 purposes of advertising subcontracting opportunities 
 suitable for certified businesses.
 The diversity goals defined in this subsection can be met 
through direct award to diverse contractors and through the 
use of diverse subcontractors and diverse vendors to 
contracts. 
 (o) An owner or operator of a community water supply shall 
collect data necessary to ensure compliance with subsection 
(n) no less than semi-annually and shall include progress 
toward compliance of subsection (n) in the owner or operator's 
report required under subsection (t-5). The report must 
include data on vendor and employee diversity, including data 
on the owner's or operator's implementation of subsection (n).
 (p) Every owner or operator of a community water supply 
that has known or suspected lead service lines shall: 
  (1) create a plan to:
   (A) replace each lead service line connected to 
 its distribution system; and
   (B) replace each galvanized service line connected 
 to its distribution system, if the galvanized service 
 line is or was connected downstream to lead piping; 
 and
  (2) electronically submit, by April 15, 2024 its 
 initial lead service line replacement plan to the Agency;
  (3) electronically submit by April 15 of each year 
 after 2024 until April 15, 2027 an updated lead service 
 line replacement plan to the Agency for review; the 
 updated replacement plan shall account for changes in the 
 number of lead service lines or unknown service lines in 
 the material inventory described in subsection (d);
  (4) electronically submit by April 15, 2027 a complete 
 and final replacement plan to the Agency for approval; the 
 complete and final replacement plan shall account for all 
 known and suspected lead service lines documented in the 
 final material inventory described under paragraph (3) of 
 subsection (d); and
  (5) post on its website a copy of the plan most 
 recently submitted to the Agency or may request that the 
 Agency post a copy of that plan on the Agency's website. 
 (q) Each plan required under paragraph (1) of subsection 
(p) shall include the following: 
  (1) the name and identification number of the 
 community water supply;
  (2) the total number of service lines connected to the 
 distribution system of the community water supply;
  (3) the total number of suspected lead service lines 
 connected to the distribution system of the community 
 water supply;
  (4) the total number of known lead service lines 
 connected to the distribution system of the community 
 water supply;
  (5) the total number of lead service lines connected 
 to the distribution system of the community water supply 
 that have been replaced each year beginning in 2020;
  (6) a proposed lead service line replacement schedule 
 that includes one-year, 5-year, 10-year, 15-year, 20-year, 
 25-year, and 30-year goals;
  (7) an analysis of costs and financing options for 
 replacing the lead service lines connected to the 
 community water supply's distribution system, which shall 
 include, but shall not be limited to: 
   (A) a detailed accounting of costs associated with 
 replacing lead service lines and galvanized lines that 
 are or were connected downstream to lead piping;
   (B) measures to address affordability and prevent 
 service shut-offs for customers or ratepayers; and
   (C) consideration of different scenarios for 
 structuring payments between the utility and its 
 customers over time; and 
  (8) a plan for prioritizing high-risk facilities, such 
 as preschools, day care centers, day care homes, group day 
 care homes, parks, playgrounds, hospitals, and clinics, as 
 well as high-risk areas identified by the community water 
 supply;
  (9) a map of the areas where lead service lines are 
 expected to be found and the sequence with which those 
 areas will be inventoried and lead service lines replaced;
  (10) measures for how the community water supply will 
 inform the public of the plan and provide opportunity for 
 public comment; and
  (11) measures to encourage diversity in hiring in the 
 workforce required to implement the plan as identified 
 under subsection (n). 
 (r) The Agency shall review final plans submitted to it 
under subsection (p). The Agency shall approve a final plan if 
the final plan includes all of the elements set forth under 
subsection (q) and the Agency determines that:
  (1) the proposed lead service line replacement 
 schedule set forth in the plan aligns with the timeline 
 requirements set forth under subsection (v);
  (2) the plan prioritizes the replacement of lead 
 service lines that provide water service to high-risk 
 facilities, such as preschools, day care centers, day care 
 homes, group day care homes, parks, playgrounds, 
 hospitals, and clinics, and high-risk areas identified by 
 the community water supply;
  (3) the plan includes analysis of cost and financing 
 options; and
  (4) the plan provides documentation of public review. 
 (s) An owner or operator of a community water supply has no 
duty to include in the plans required under subsection (p) 
information about service lines that are physically 
disconnected from a water main in its distribution system.
 (t) If a community water supply does not deliver a 
complete plan to the Agency by April 15, 2027, the community 
water supply may apply to the Agency for an extension no less 
than 3 months prior to the due date. The Agency shall develop 
criteria for granting plan extensions. When considering 
requests for extension, the Agency shall, at a minimum, 
consider: 
  (1) the number of service connections in a water 
 supply; and
  (2) the number of service lines of an unknown material 
 composition.
 (t-5) After the Agency has approved the final replacement 
plan described in subsection (p), the owner or operator of a 
community water supply shall submit a report detailing 
progress toward plan goals to the Agency for its review. The 
report shall be submitted annually for the first 10 years, and 
every 3 years thereafter until all lead service lines have 
been replaced. Reports under this subsection shall be 
published in the same manner described in subsection (l). The 
report shall include at least the following information as it 
pertains to the preceding reporting period:
  (1) The number of lead service lines replaced and the 
 average cost of lead service line replacement.
  (2) Progress toward meeting hiring requirements as 
 described in subsection (n) and subsection (o).
  (3) The percent of customers electing a waiver 
 offered, as described in subsections (ii) and (jj), among 
 those customers receiving a request or notification to 
 perform a lead service line replacement.
  (4) The method or methods used by the community water 
 supply to finance lead service line replacement.
 (u) Notwithstanding any other provision of law, in order 
to provide for costs associated with lead service line 
remediation and replacement, the corporate authorities of a 
municipality may, by ordinance or resolution by the corporate 
authorities, exercise authority provided in Section 27-5 et 
seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, 
8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., 
11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes 
levied for this purpose shall be in addition to taxes for 
general purposes authorized under Section 8-3-1 of the 
Illinois Municipal Code and shall be included in the taxing 
district's aggregate extension for the purposes of Division 5 
of Article 18 of the Property Tax Code.
 (v) Every owner or operator of a community water supply 
shall replace all known lead service lines, subject to the 
requirements of subsection (ff), according to the following 
replacement rates and timelines to be calculated from the date 
of submission of the final replacement plan to the Agency: 
  (1) A community water supply reporting 1,200 or fewer 
 lead service lines in its final inventory and replacement 
 plan shall replace all lead service lines, at an annual 
 rate of no less than 7% of the amount described in the 
 final inventory, with a timeline of up to 15 years for 
 completion.
  (2) A community water supply reporting more than 1,200 
 but fewer than 5,000 lead service lines in its final 
 inventory and replacement plan shall replace all lead 
 service lines, at an annual rate of no less than 6% of the 
 amount described in the final inventory, with a timeline 
 of up to 17 years for completion.
  (3) A community water supply reporting more than 4,999 
 but fewer than 10,000 lead service lines in its final 
 inventory and replacement plan shall replace all lead 
 service lines, at an annual rate of no less than 5% of the 
 amount described in the final inventory, with a timeline 
 of up to 20 years for completion.
  (4) A community water supply reporting more than 9,999 
 but fewer than 99,999 lead service lines in its final 
 inventory and replacement plan shall replace all lead 
 service lines, at an annual rate of no less than 3% of the 
 amount described in the final inventory, with a timeline 
 of up to 34 years for completion.
  (5) A community water supply reporting more than 
 99,999 lead service lines in its final inventory and 
 replacement plan shall replace all lead service lines, at 
 an annual rate of no less than 2% of the amount described 
 in the final inventory, with a timeline of up to 50 years 
 for completion.
 (w) A community water supply may apply to the Agency for an 
extension to the replacement timelines described in paragraphs 
(1) through (5) of subsection (v). The Agency shall develop 
criteria for granting replacement timeline extensions. When 
considering requests for timeline extensions, the Agency 
shall, at a minimum, consider: 
  (1) the number of service connections in a water 
 supply; and
  (2) unusual circumstances creating hardship for a 
 community.
 The Agency may grant one extension of additional time 
equal to not more than 20% of the original replacement 
timeline, except in situations of extreme hardship in which 
the Agency may consider a second additional extension equal to 
not more than 10% of the original replacement timeline.
 Replacement rates and timelines shall be calculated from 
the date of submission of the final plan to the Agency.
 (x) The Lead Service Line Replacement Advisory Board is 
created within the Agency. The Advisory Board shall convene 
within 120 days after January 1, 2022 (the effective date of 
Public Act 102-613) this amendatory Act of the 102nd General 
Assembly. 
 The Advisory Board shall consist of at least 28 voting 
members, as follows:
  (1) the Director of the Agency, or his or her 
 designee, who shall serve as chairperson;
  (2) the Director of Revenue, or his or her designee;
  (3) the Director of Public Health, or his or her 
 designee;
  (4) fifteen members appointed by the Agency as 
 follows: 
   (A) one member representing a statewide 
 organization of municipalities as authorized by 
 Section 1-8-1 of the Illinois Municipal Code;
   (B) two members who are mayors representing 
 municipalities located in any county south of the 
 southernmost county represented by one of the 10 
 largest municipalities in Illinois by population, or 
 their respective designees;
   (C) two members who are representatives from 
 public health advocacy groups;
   (D) two members who are representatives from 
 publicly-owned water utilities;
   (E) one member who is a representative from a 
 public utility as defined under Section 3-105 of the 
 Public Utilities Act that provides water service in 
 the State of Illinois;
   (F) one member who is a research professional 
 employed at an Illinois academic institution and 
 specializing in water infrastructure research;
   (G) two members who are representatives from 
 nonprofit civic organizations;
   (H) one member who is a representative from a 
 statewide organization representing environmental 
 organizations;
   (I) two members who are representatives from 
 organized labor; and
   (J) one member representing an environmental 
 justice organization; and 
  (5) ten members who are the mayors of the 10 largest 
 municipalities in Illinois by population, or their 
 respective designees. 
 No less than 10 of the 28 voting members shall be persons 
of color, and no less than 3 shall represent communities 
defined or self-identified as environmental justice 
communities.
 Advisory Board members shall serve without compensation, 
but may be reimbursed for necessary expenses incurred in the 
performance of their duties from funds appropriated for that 
purpose. The Agency shall provide administrative support to 
the Advisory Board.
 The Advisory Board shall meet no less than once every 6 
months.
 (y) The Advisory Board shall have, at a minimum, the 
following duties:
  (1) advising the Agency on best practices in lead 
 service line replacement;
  (2) reviewing the progress of community water supplies 
 toward lead service line replacement goals;
  (3) advising the Agency on other matters related to 
 the administration of the provisions of this Section;
  (4) advising the Agency on the integration of existing 
 lead service line replacement plans with any statewide 
 plan; and
  (5) providing technical support and practical 
 expertise in general. 
 (z) Within 18 months after January 1, 2022 (the effective 
date of Public Act 102-613) this amendatory Act of the 102nd 
General Assembly, the Advisory Board shall deliver a report of 
its recommendations to the Governor and the General Assembly 
concerning opportunities for dedicated, long-term revenue 
options for funding lead service line replacement. In 
submitting recommendations, the Advisory Board shall consider, 
at a minimum, the following: 
  (1) the sufficiency of various revenue sources to 
 adequately fund replacement of all lead service lines in 
 Illinois;
  (2) the financial burden, if any, on households 
 falling below 150% of the federal poverty limit;
  (3) revenue options that guarantee low-income 
 households are protected from rate increases;
  (4) an assessment of the ability of community water 
 supplies to assess and collect revenue;
  (5) variations in financial resources among individual 
 households within a service area; and
  (6) the protection of low-income households from rate 
 increases. 
 (aa) Within 10 years after January 1, 2022 (the effective 
date of Public Act 102-613) this amendatory Act of the 102nd 
General Assembly, the Advisory Board shall prepare and deliver 
a report to the Governor and General Assembly concerning the 
status of all lead service line replacement within the State.
 (bb) The Lead Service Line Replacement Fund is created as 
a special fund in the State treasury to be used by the Agency 
for the purposes provided under this Section. The Fund shall 
be used exclusively to finance and administer programs and 
activities specified under this Section and listed under this 
subsection.
 The objective of the Fund is to finance activities 
associated with identifying and replacing lead service lines, 
build Agency capacity to oversee the provisions of this 
Section, and provide related assistance for the activities 
listed under this subsection.
 The Agency shall be responsible for the administration of 
the Fund and shall allocate moneys on the basis of priorities 
established by the Agency through administrative rule. On July 
1, 2022 and on July 1 of each year thereafter, the Agency shall 
determine the available amount of resources in the Fund that 
can be allocated to the activities identified under this 
Section and shall allocate the moneys accordingly.
 Notwithstanding any other law to the contrary, the Lead 
Service Line Replacement Fund is not subject to sweeps, 
administrative charge-backs, or any other fiscal maneuver that 
would in any way transfer any amounts from the Lead Service 
Line Replacement Fund into any other fund of the State.
 (cc) Within one year after January 1, 2022 (the effective 
date of Public Act 102-613) this amendatory Act of the 102 
General Assembly, the Agency shall design rules for a program 
for the purpose of administering lead service line replacement 
funds. The rules must, at minimum, contain:
  (1) the process by which community water supplies may 
 apply for funding; and
  (2) the criteria for determining unit of local 
 government eligibility and prioritization for funding, 
 including the prevalence of low-income households, as 
 measured by median household income, the prevalence of 
 lead service lines, and the prevalence of water samples 
 that demonstrate elevated levels of lead.
 (dd) Funding under subsection (cc) shall be available for 
costs directly attributable to the planning, design, or 
construction directly related to the replacement of lead 
service lines and restoration of property.
 Funding shall not be used for the general operating 
expenses of a municipality or community water supply. 
 (ee) An owner or operator of any community water supply 
receiving grant funding under subsection (cc) shall bear the 
entire expense of full lead service line replacement for all 
lead service lines in the scope of the grant. 
 (ff) When replacing a lead service line, the owner or 
operator of the community water supply shall replace the 
service line in its entirety, including, but not limited to, 
any portion of the service line (i) running on private 
property and (ii) within the building's plumbing at the first 
shut-off valve. Partial lead service line replacements are 
expressly prohibited. Exceptions shall be made under the 
following circumstances: 
  (1) In the event of an emergency repair that affects a 
 lead service line or a suspected lead service line, a 
 community water supply must contact the building owner to 
 begin the process of replacing the entire service line. If 
 the building owner is not able to be contacted or the 
 building owner or occupant refuses to grant access and 
 permission to replace the entire service line at the time 
 of the emergency repair, then the community water supply 
 may perform a partial lead service line replacement. Where 
 an emergency repair on a service line constructed of lead 
 or galvanized steel pipe results in a partial service line 
 replacement, the water supply responsible for commencing 
 the repair shall perform the following: 
   (A) Notify the building's owner or operator and 
 the resident or residents served by the lead service 
 line in writing that a repair has been completed. The 
 notification shall include, at a minimum:
    (i) a warning that the work may result in 
 sediment, possibly containing lead, in the 
 buildings water supply system;
    (ii) information concerning practices for 
 preventing the consumption of any lead in drinking 
 water, including a recommendation to flush water 
 distribution pipe during and after the completion 
 of the repair or replacement work and to clean 
 faucet aerator screens; and
    (iii) information regarding the dangers of 
 lead to young children and pregnant women. 
   (B) Provide filters for at least one fixture 
 supplying potable water for consumption. The filter 
 must be certified by an accredited third-party 
 certification body to NSF/ANSI 53 and NSF/ANSI 42 for 
 the reduction of lead and particulate. The filter must 
 be provided until such time that the remaining 
 portions of the service line have been replaced with a 
 material approved by the Department or a waiver has 
 been issued under subsection (ii).
   (C) Replace the remaining portion of the lead 
 service line within 30 days of the repair, or 120 days 
 in the event of weather or other circumstances beyond 
 reasonable control that prohibits construction. If a 
 complete lead service line replacement cannot be made 
 within the required period, the community water supply 
 responsible for commencing the repair shall notify the 
 Department in writing, at a minimum, of the following 
 within 24 hours of the repair: 
    (i) an explanation of why it is not feasible 
 to replace the remaining portion of the lead 
 service line within the allotted time; and
    (ii) a timeline for when the remaining portion 
 of the lead service line will be replaced. 
   (D) If complete repair of a lead service line 
 cannot be completed due to denial by the property 
 owner, the community water supply commencing the 
 repair shall request the affected property owner to 
 sign a waiver developed by the Department. If a 
 property owner of a nonresidential building or 
 residence operating as rental properties denies a 
 complete lead service line replacement, the property 
 owner shall be responsible for installing and 
 maintaining point-of-use filters certified by an 
 accredited third-party certification body to NSF/ANSI 
 53 and NSF/ANSI 42 for the reduction of lead and 
 particulate at all fixtures intended to supply water 
 for the purposes of drinking, food preparation, or 
 making baby formula. The filters shall continue to be 
 supplied by the property owner until such time that 
 the property owner has affected the remaining portions 
 of the lead service line to be replaced.
   (E) Document any remaining lead service line, 
 including a portion on the private side of the 
 property, in the community water supply's distribution 
 system materials inventory required under subsection 
 (d). 
  For the purposes of this paragraph (1), written notice 
 shall be provided in the method and according to the 
 provisions of subsection (jj).
  (2) Lead service lines that are physically 
 disconnected from the distribution system are exempt from 
 this subsection. 
 (gg) Except as provided in subsection (hh), on and after 
January 1, 2022, when the owner or operator of a community 
water supply replaces a water main, the community water supply 
shall identify all lead service lines connected to the water 
main and shall replace the lead service lines by:
  (1) identifying the material or materials of each lead 
 service line connected to the water main, including, but 
 not limited to, any portion of the service line (i) 
 running on private property and (ii) within the building 
 plumbing at the first shut-off valve or 18 inches inside 
 the building, whichever is shorter;
  (2) in conjunction with replacement of the water main, 
 replacing any and all portions of each lead service line 
 connected to the water main that are composed of lead; and
  (3) if a property owner or customer refuses to grant 
 access to the property, following prescribed notice 
 provisions as outlined in subsection (ff). 
 If an owner of a potentially affected building intends to 
replace a portion of a lead service line or a galvanized 
service line and the galvanized service line is or was 
connected downstream to lead piping, then the owner of the 
potentially affected building shall provide the owner or 
operator of the community water supply with notice at least 45 
days before commencing the work. In the case of an emergency 
repair, the owner of the potentially affected building must 
provide filters for each kitchen area that are certified by an 
accredited third-party certification body to NSF/ANSI 53 and 
NSF/ANSI 42 for the reduction of lead and particulate. If the 
owner of the potentially affected building notifies the owner 
or operator of the community water supply that replacement of 
a portion of the lead service line after the emergency repair 
is completed, then the owner or operator of the community 
water supply shall replace the remainder of the lead service 
line within 30 days after completion of the emergency repair. 
A community water supply may take up to 120 days if necessary 
due to weather conditions. If a replacement takes longer than 
30 days, filters provided by the owner of the potentially 
affected building must be replaced in accordance with the 
manufacturer's recommendations. Partial lead service line 
replacements by the owners of potentially affected buildings 
are otherwise prohibited.
 (hh) For municipalities with a population in excess of 
1,000,000 inhabitants, the requirements of subsection (gg) 
shall commence on January 1, 2023. 
 (ii) At least 45 days before conducting planned lead 
service line replacement, the owner or operator of a community 
water supply shall, by mail, attempt to contact the owner of 
the potentially affected building serviced by the lead service 
line to request access to the building and permission to 
replace the lead service line in accordance with the lead 
service line replacement plan. If the owner of the potentially 
affected building does not respond to the request within 15 
days after the request is sent, the owner or operator of the 
community water supply shall attempt to post the request on 
the entrance of the potentially affected building. 
 If the owner or operator of a community water supply is 
unable to obtain approval to access and replace a lead service 
line, the owner or operator of the community water supply 
shall request that the owner of the potentially affected 
building sign a waiver. The waiver shall be developed by the 
Department and should be made available in the owner's 
language. If the owner of the potentially affected building 
refuses to sign the waiver or fails to respond to the community 
water supply after the community water supply has complied 
with this subsection, then the community water supply shall 
notify the Department in writing within 15 working days. 
 (jj) When replacing a lead service line or repairing or 
replacing water mains with lead service lines or partial lead 
service lines attached to them, the owner or operator of a 
community water supply shall provide the owner of each 
potentially affected building that is serviced by the affected 
lead service lines or partial lead service lines, as well as 
the occupants of those buildings, with an individual written 
notice. The notice shall be delivered by mail or posted at the 
primary entranceway of the building. The notice may, in 
addition, be electronically mailed. Written notice shall 
include, at a minimum, the following: 
  (1) a warning that the work may result in sediment, 
 possibly containing lead from the service line, in the 
 building's water;
  (2) information concerning the best practices for 
 preventing exposure to or risk of consumption of lead in 
 drinking water, including a recommendation to flush water 
 lines during and after the completion of the repair or 
 replacement work and to clean faucet aerator screens; and
  (3) information regarding the dangers of lead exposure 
 to young children and pregnant women. 
 When the individual written notice described in the first 
paragraph of this subsection is required as a result of 
planned work other than the repair or replacement of a water 
meter, the owner or operator of the community water supply 
shall provide the notice not less than 14 days before work 
begins. When the individual written notice described in the 
first paragraph of this subsection is required as a result of 
emergency repairs other than the repair or replacement of a 
water meter, the owner or operator of the community water 
supply shall provide the notice at the time the work is 
initiated. When the individual written notice described in the 
first paragraph of this subsection is required as a result of 
the repair or replacement of a water meter, the owner or 
operator of the community water supply shall provide the 
notice at the time the work is initiated. 
 The notifications required under this subsection must 
contain the following
statement in the Spanish, Polish, 
Chinese, Tagalog, Arabic, Korean, German, Urdu, and
Gujarati:

"This notice contains important information about your water 
service and may affect your
rights. We encourage you to have 
this notice translated in full into a language you
understand 
and before you make any decisions that may be required under 
this notice."
 An owner or operator of a community water supply that is 
required under this subsection to provide an individual 
written notice to the owner and occupant of a potentially 
affected building that is a multi-dwelling building may 
satisfy that requirement and the requirements of this 
subsection regarding notification to non-English speaking 
customers by posting the required notice on the primary 
entranceway of the building and at the location where the 
occupant's mail is delivered as reasonably as possible. 
 When this subsection would require the owner or operator 
of a community water supply to provide an individual written 
notice to the entire community served by the community water 
supply or would require the owner or operator of a community 
water supply to provide individual written notices as a result 
of emergency repairs or when the community water supply that 
is required to comply with this subsection is a small system, 
the owner or operator of the community water supply may 
provide the required notice through local media outlets, 
social media, or other similar means in lieu of providing the 
individual written notices otherwise required under this 
subsection. 
 No notifications are required under this subsection for 
work performed on water mains that are used to transmit 
treated water between community water supplies and properties 
that have no service connections. 
 (kk) No community water supply that sells water to any 
wholesale or retail consecutive community water supply may 
pass on any costs associated with compliance with this Section 
to consecutive systems.
 (ll) To the extent allowed by law, when a community water 
supply replaces or installs a lead service line in a public 
right-of-way or enters into an agreement with a private 
contractor for replacement or installation of a lead service 
line, the community water supply shall be held harmless for 
all damage to property when replacing or installing the lead 
service line. If dangers are encountered that prevent the 
replacement of the lead service line, the community water 
supply shall notify the Department within 15 working days of 
why the replacement of the lead service line could not be 
accomplished.
 (mm) The Agency may propose to the Board, and the Board may 
adopt, any rules necessary to implement and administer this 
Section. The Department may adopt rules necessary to address 
lead service lines attached to non-community noncommunity 
water supplies.
 (nn) Notwithstanding any other provision in this Section, 
no requirement in this Section shall be construed as being 
less stringent than existing applicable federal requirements.
 (oo) All lead service line replacements financed in whole 
or in part with funds obtained under this Section shall be 
considered public works for purposes of the Prevailing Wage 
Act. 

(Source: P.A. 102-613, eff. 1-1-22; revised 12-1-21.)




 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)


 Sec. 21. Prohibited acts. No person shall:

 (a) Cause or allow the open dumping of any waste.

 (b) Abandon, dump, or deposit any waste upon the public 
highways or
other public property, except in a sanitary 
landfill approved by the
Agency pursuant to regulations 
adopted by the Board.

 (c) Abandon any vehicle in violation of the "Abandoned 
Vehicles
Amendment to the Illinois Vehicle Code", as enacted 
by the 76th General
Assembly.

 (d) Conduct any waste-storage, waste-treatment, or 
waste-disposal
operation:

  (1) without a permit granted by the Agency or in 
 violation of any
conditions imposed by such permit, 
 including periodic reports and full
access to adequate 
 records and the inspection of facilities, as may be

 necessary to assure compliance with this Act and with 
 regulations and
standards adopted thereunder; provided, 
 however, that, except for municipal
solid waste landfill 
 units that receive waste on or after October 9, 1993, and 
 CCR surface impoundments,
no permit shall be
required for 
 (i) any person conducting a waste-storage, 
 waste-treatment, or
waste-disposal operation for wastes 
 generated by such person's own
activities which are 
 stored, treated, or disposed within the site where
such 
 wastes are generated, (ii) until one year after the 
 effective date of rules adopted by the Board under 
 subsection (n) of Section 22.38,
a facility located in a 
 county with a
population over 700,000 as of January 1, 
 2000, operated and located in accordance with
Section 
 22.38 of this Act, and used exclusively for the transfer, 
 storage, or
treatment of general construction or 
 demolition debris, provided that the facility was 
 receiving construction or demolition debris on August 24, 
 2009 (the effective date of Public Act 96-611), or (iii) 
 any person conducting a waste transfer, storage, 
 treatment, or disposal operation, including, but not 
 limited to, a waste transfer or waste composting 
 operation, under a mass animal mortality event plan 
 created by the Department of Agriculture;

  (2) in violation of any regulations or standards 
 adopted by the
Board under this Act;

  (3) which receives waste after August 31, 1988, does 
 not have a permit
issued by the Agency, and is (i) a 
 landfill used exclusively for the
disposal of waste 
 generated at the site, (ii) a surface impoundment

 receiving special waste not listed in an NPDES permit, 
 (iii) a waste pile
in which the total volume of waste is 
 greater than 100 cubic yards or the
waste is stored for 
 over one year, or (iv) a land treatment facility
receiving 
 special waste generated at the site; without giving notice 
 of the
operation to the Agency by January 1, 1989, or 30 
 days after the date on
which the operation commences, 
 whichever is later, and every 3 years
thereafter. The form 
 for such notification shall be specified by the
Agency, 
 and shall be limited to information regarding: the name 
 and address
of the location of the operation; the type of 
 operation; the types and
amounts of waste stored, treated 
 or disposed of on an annual basis; the
remaining capacity 
 of the operation; and the remaining expected life of
the 
 operation.

 Item (3) of this subsection (d) shall not apply to any 
person
engaged in agricultural activity who is disposing of a 
substance that
constitutes solid waste, if the substance was 
acquired for use by that
person on his own property, and the 
substance is disposed of on his own
property in accordance 
with regulations or standards adopted by the Board.

 This subsection (d) shall not apply to hazardous waste.

 (e) Dispose, treat, store or abandon any waste, or 
transport any waste
into this State for disposal, treatment, 
storage or abandonment, except at
a site or facility which 
meets the requirements of this Act and of
regulations and 
standards thereunder.

 (f) Conduct any hazardous waste-storage, hazardous 
waste-treatment or
hazardous waste-disposal operation:

  (1) without a RCRA permit for the site issued by the 
 Agency under
subsection (d) of Section 39 of this Act, or 
 in violation of any condition
imposed by such permit, 
 including periodic reports and full access to
adequate 
 records and the inspection of facilities, as may be 
 necessary to
assure compliance with this Act and with 
 regulations and standards adopted
thereunder; or

  (2) in violation of any regulations or standards 
 adopted by the Board
under this Act; or

  (3) in violation of any RCRA permit filing requirement 
 established under
standards adopted by the Board under 
 this Act; or

  (4) in violation of any order adopted by the Board 
 under this Act.

 Notwithstanding the above, no RCRA permit shall be 
required under this
subsection or subsection (d) of Section 39 
of this Act for any
person engaged in agricultural activity 
who is disposing of a substance
which has been identified as a 
hazardous waste, and which has been
designated by Board 
regulations as being subject to this exception, if the

substance was acquired for use by that person on his own 
property and the
substance is disposed of on his own property 
in accordance with regulations
or standards adopted by the 
Board.

 (g) Conduct any hazardous waste-transportation operation:

  (1) without registering with and obtaining a special 
 waste hauling permit from the Agency in
accordance with 
 the regulations adopted by the Board under this Act; or

  (2) in violation of any regulations or standards 
 adopted by
the
Board under this Act.

 (h) Conduct any hazardous waste-recycling or hazardous 
waste-reclamation
or hazardous waste-reuse operation in 
violation of any regulations, standards
or permit requirements 
adopted by the Board under this Act.

 (i) Conduct any process or engage in any act which 
produces hazardous
waste in violation of any regulations or 
standards adopted by the Board
under subsections (a) and (c) 
of Section 22.4 of this Act.

 (j) Conduct any special waste-transportation operation in 
violation
of any regulations, standards or permit requirements 
adopted by the Board
under this Act. However, sludge from a 
water or sewage treatment plant
owned and operated by a unit of 
local government which (1) is subject to a
sludge management 
plan approved by the Agency or a permit granted by the
Agency, 
and (2) has been tested and determined not to be a hazardous 
waste
as required by applicable State and federal laws and 
regulations, may be
transported in this State without a 
special waste hauling permit, and the
preparation and carrying 
of a manifest shall not be required for such
sludge under the 
rules of the Pollution Control Board. The unit of local

government which operates the treatment plant producing such 
sludge shall
file an annual report with the Agency identifying 
the volume of such
sludge transported during the reporting 
period, the hauler of the sludge,
and the disposal sites to 
which it was transported. This subsection (j)
shall not apply 
to hazardous waste.

 (k) Fail or refuse to pay any fee imposed under this Act.

 (l) Locate a hazardous waste disposal site above an active 
or
inactive shaft or tunneled mine or within 2 miles of an 
active fault in
the earth's crust. In counties of population 
less than 225,000 no
hazardous waste disposal site shall be 
located (1) within 1 1/2 miles of
the corporate limits as 
defined on June 30, 1978, of any municipality
without the 
approval of the governing body of the municipality in an

official action; or (2) within 1000 feet of an existing 
private well or
the existing source of a public water supply 
measured from the boundary
of the actual active permitted site 
and excluding existing private wells
on the property of the 
permit applicant. The provisions of this
subsection do not 
apply to publicly owned sewage works or the disposal
or 
utilization of sludge from publicly owned sewage works.

 (m) Transfer interest in any land which has been used as a

hazardous waste disposal site without written notification to 
the Agency
of the transfer and to the transferee of the 
conditions imposed by the Agency
upon its use under subsection 
(g) of Section 39.

 (n) Use any land which has been used as a hazardous waste

disposal site except in compliance with conditions imposed by 
the Agency
under subsection (g) of Section 39.

 (o) Conduct a sanitary landfill operation which is 
required to have a
permit under subsection (d) of this 
Section, in a manner which results in
any of the following 
conditions:

  (1) refuse in standing or flowing waters;

  (2) leachate flows entering waters of the State;

  (3) leachate flows exiting the landfill confines (as 
 determined by the
boundaries established for the landfill 
 by a permit issued by the Agency);

  (4) open burning of refuse in violation of Section 9 
 of this Act;

  (5) uncovered refuse remaining from any previous 
 operating day or at the
conclusion of any operating day, 
 unless authorized by permit;

  (6) failure to provide final cover within time limits 
 established by
Board regulations;

  (7) acceptance of wastes without necessary permits;

  (8) scavenging as defined by Board regulations;

  (9) deposition of refuse in any unpermitted portion of 
 the landfill;

  (10) acceptance of a special waste without a required 
 manifest;

  (11) failure to submit reports required by permits or 
 Board regulations;

  (12) failure to collect and contain litter from the 
 site by the end of
each operating day;

  (13) failure to submit any cost estimate for the site 
 or any performance
bond or other security for the site as 
 required by this Act or Board rules.

 The prohibitions specified in this subsection (o) shall be 
enforceable by
the Agency either by administrative citation 
under Section 31.1 of this Act
or as otherwise provided by this 
Act. The specific prohibitions in this
subsection do not limit 
the power of the Board to establish regulations
or standards 
applicable to sanitary landfills.

 (p) In violation of subdivision (a) of this Section, cause 
or allow the
open dumping of any waste in a manner which 
results in any of the following
occurrences at the dump site:

  (1) litter;

  (2) scavenging;

  (3) open burning;

  (4) deposition of waste in standing or flowing waters;

  (5) proliferation of disease vectors;

  (6) standing or flowing liquid discharge from the dump 
 site;

  (7) deposition of:

   (i) general construction or demolition debris as 
 defined in Section
3.160(a) of this Act; or

   (ii) clean construction or demolition debris as 
 defined in Section
3.160(b) of this Act.

 The prohibitions specified in this subsection (p) shall be

enforceable by the Agency either by administrative citation 
under Section
31.1 of this Act or as otherwise provided by this 
Act. The specific
prohibitions in this subsection do not limit 
the power of the Board to
establish regulations or standards 
applicable to open dumping.

 (q) Conduct a landscape waste composting operation without 
an Agency
permit, provided, however, that no permit shall be 
required for any person:

  (1) conducting a landscape waste composting operation 
 for landscape
wastes generated by such person's own 
 activities which are stored, treated,
or disposed of 
 within the site where such wastes are generated; or

  (1.5) conducting a landscape waste composting 
 operation that (i) has no more than 25 cubic yards of 
 landscape waste, composting additives, composting 
 material, or end-product compost on-site at any one time 
 and (ii) is not engaging in commercial activity; or 
  (2) applying landscape waste or composted landscape 
 waste at agronomic
rates; or

  (2.5) operating a landscape waste composting facility 
 at a site having 10 or more occupied non-farm residences 
 within 1/2 mile of its boundaries, if the facility meets 
 all of the following criteria: 
   (A) the composting facility is operated by the 
 farmer on property on which the composting material is 
 utilized, and the composting facility
constitutes no 
 more than 2% of the site's total acreage;
   (A-5) any composting additives that the composting 
 facility accepts and uses at the facility are 
 necessary to provide proper conditions for composting 
 and do not exceed 10% of the total composting material 
 at the facility at any one time; 
   (B) the property on which the composting facility 
 is located, and any associated property on which the 
 compost is used, is principally and diligently devoted 
 to the production of agricultural crops and is not 
 owned, leased, or otherwise controlled by any waste 
 hauler or generator of nonagricultural compost 
 materials, and the operator of the composting facility 
 is not an employee, partner, shareholder, or in any 
 way connected with or controlled by any such waste 
 hauler or generator; 
   (C) all compost generated by the composting 
 facility is applied at agronomic rates and used as 
 mulch, fertilizer, or soil conditioner on land 
 actually farmed by the person operating the composting 
 facility, and the finished compost is not stored at 
 the composting site for a period longer than 18 months 
 prior to its application as mulch, fertilizer, or soil 
 conditioner; 
   (D) no fee is charged for the acceptance of 
 materials to be composted at the facility; and 
   (E) the owner or operator, by January 1, 2014 (or 
 the January 1
following commencement of operation, 
 whichever is later) and January 1 of
each year 
 thereafter, registers the site with the Agency, (ii) 
 reports to the Agency on the volume of composting 
 material received and used at the site; (iii) 
 certifies to the Agency that the site complies with 
 the
requirements set forth in subparagraphs (A), 
 (A-5), (B), (C), and (D) of this paragraph
(2.5); and 
 (iv) certifies to the Agency that all composting 
 material was placed more than 200 feet from the 
 nearest potable water supply well, was placed outside 
 the boundary of the 10-year floodplain or on a part of 
 the site that is floodproofed, was placed at least 1/4 
 mile from the nearest residence (other than a 
 residence located on the same property as the 
 facility) or a lesser distance from the nearest 
 residence (other than a residence located on the same 
 property as the facility) if the municipality in which 
 the facility is located has by ordinance approved a 
 lesser distance than 1/4 mile, and was placed more 
 than 5 feet above the water table; any ordinance 
 approving a residential setback of less than 1/4 mile 
 that is used to meet the requirements of this 
 subparagraph (E) of paragraph (2.5) of this subsection 
 must specifically reference this paragraph; or 
  (3) operating a landscape waste composting facility on 
 a farm, if the
facility meets all of the following 
 criteria:

   (A) the composting facility is operated by the 
 farmer on property on
which the composting material is 
 utilized, and the composting facility
constitutes no 
 more than 2% of the property's total acreage, except 
 that
the Board may allow a higher percentage for 
 individual sites where the owner
or operator has 
 demonstrated to the Board that the site's soil

 characteristics or crop needs require a higher rate;

   (A-1) the composting facility accepts from other 
 agricultural operations for composting with landscape 
 waste no materials other than uncontaminated and 
 source-separated (i) crop residue and other 
 agricultural plant residue generated from the 
 production and harvesting of crops and other customary 
 farm practices, including, but not limited to, stalks, 
 leaves, seed pods, husks, bagasse, and roots and (ii) 
 plant-derived animal bedding, such as straw or 
 sawdust, that is free of manure and was not made from 
 painted or treated wood; 
   (A-2) any composting additives that the composting 
 facility accepts and uses at the facility are 
 necessary to provide proper conditions for composting 
 and do not exceed 10% of the total composting material 
 at the facility at any one time; 
   (B) the property on which the composting facility 
 is located, and any
associated property on which the 
 compost is used, is principally and
diligently devoted 
 to the production of agricultural crops and
is not 
 owned, leased or otherwise controlled by any waste 
 hauler
or generator of nonagricultural compost 
 materials, and the operator of the
composting facility 
 is not an employee, partner, shareholder, or in any 
 way
connected with or controlled by any such waste 
 hauler or generator;

   (C) all compost generated by the composting 
 facility is applied at
agronomic rates and used as 
 mulch, fertilizer or soil conditioner on land
actually 
 farmed by the person operating the composting 
 facility, and the
finished compost is not stored at 
 the composting site for a period longer
than 18 months 
 prior to its application as mulch, fertilizer, or soil 
 conditioner;

   (D) the owner or operator, by January 1 of
each 
 year, (i) registers the site with the Agency, (ii) 
 reports
to the Agency on the volume of composting 
 material received and used at the
site, (iii) 
 certifies to the Agency that the site complies with 
 the
requirements set forth in subparagraphs (A), 
 (A-1), (A-2), (B), and (C) of this paragraph
(q)(3), 
 and (iv) certifies to the Agency that all composting 
 material: 
    (I) was
placed more than 200 feet from the 
 nearest potable water supply well;
    (II) was
placed outside the boundary of the 
 10-year floodplain or on a part of the
site that is 
 floodproofed;
    (III) was placed either (aa) at least 1/4 mile 
 from the nearest
residence (other than a residence 
 located on the same property as the
facility) and 
 there are not more than 10 occupied non-farm 
 residences
within 1/2 mile of the boundaries of 
 the site on the date of application or (bb) a 
 lesser distance from the nearest residence (other 
 than a residence located on the same property as 
 the facility) provided that the municipality or 
 county in which the facility is located has by 
 ordinance approved a lesser distance than 1/4 mile 
 and there are not more than 10 occupied non-farm 
 residences
within 1/2 mile of the boundaries of 
 the site on the date of application;
and
    (IV) was placed more than 5 feet above the 
 water table. 
   Any ordinance approving a residential setback of 
 less than 1/4 mile that is used to meet the 
 requirements of this subparagraph (D) must 
 specifically reference this subparagraph.

 For the purposes of this subsection (q), "agronomic rates" 
means the
application of not more than 20 tons per acre per 
year, except that the
Board may allow a higher rate for 
individual sites where the owner or
operator has demonstrated 
to the Board that the site's soil
characteristics or crop 
needs require a higher rate.

 (r) Cause or allow the storage or disposal of coal 
combustion
waste unless:

  (1) such waste is stored or disposed of at a site or

 facility for which
a permit has been obtained or is not 
 otherwise required under subsection
(d) of this Section; 
 or

  (2) such waste is stored or disposed of as a part of

 the design and
reclamation of a site or facility which is 
 an abandoned mine site in
accordance with the Abandoned 
 Mined Lands and Water Reclamation Act; or

  (3) such waste is stored or disposed of at a site or

 facility which is
operating under NPDES and Subtitle D 
 permits issued by the Agency pursuant
to regulations 
 adopted by the Board for mine-related water pollution and

 permits issued pursuant to the federal Surface Mining 
 Control and
Reclamation Act of 1977 (P.L. 95-87) or the 
 rules and regulations
thereunder or any law or rule or 
 regulation adopted by the State of
Illinois pursuant 
 thereto, and the owner or operator of the facility agrees

 to accept the waste; and either:

   (i) such waste is stored or disposed of in 
 accordance
with requirements
applicable to refuse 
 disposal under regulations adopted by the Board for

 mine-related water pollution and pursuant to NPDES and 
 Subtitle D permits
issued by the Agency under such 
 regulations; or

   (ii) the owner or operator of the facility 
 demonstrates all of the
following to the Agency, and 
 the facility is operated in accordance with
the 
 demonstration as approved by the Agency: (1) the 
 disposal area will be
covered in a manner that will 
 support continuous vegetation, (2) the
facility will 
 be adequately protected from wind and water erosion, 
 (3) the
pH will be maintained so as to prevent 
 excessive leaching of metal ions,
and (4) adequate 
 containment or other measures will be provided to 
 protect
surface water and groundwater from 
 contamination at levels prohibited by
this Act, the 
 Illinois Groundwater Protection Act, or regulations 
 adopted
pursuant thereto.

 Notwithstanding any other provision of this Title, the 
disposal of coal
combustion waste pursuant to item (2) or (3) 
of this
subdivision (r) shall
be exempt from the other 
provisions of this Title V, and notwithstanding
the provisions 
of Title X of this Act, the Agency is authorized to grant

experimental permits which include provision for the disposal 
of
wastes from the combustion of coal and other materials 
pursuant to items
(2) and (3) of this subdivision (r).

 (s) After April 1, 1989, offer for transportation, 
transport, deliver,
receive or accept special waste for which 
a manifest is required, unless
the manifest indicates that the 
fee required under Section 22.8 of this
Act has been paid.

 (t) Cause or allow a lateral expansion of a municipal 
solid waste landfill
unit on or after October 9, 1993, without 
a permit modification, granted by the
Agency, that authorizes 
the lateral expansion.

 (u) Conduct any vegetable by-product treatment, storage, 
disposal or
transportation operation in violation of any 
regulation, standards or permit
requirements adopted by the 
Board under this Act. However, no permit shall be
required 
under this Title V for the land application of vegetable 
by-products
conducted pursuant to Agency permit issued under 
Title III of this Act to
the generator of the vegetable 
by-products. In addition, vegetable by-products
may be 
transported in this State without a special waste hauling 
permit, and
without the preparation and carrying of a 
manifest.

 (v) (Blank).

 (w) Conduct any generation, transportation, or recycling 
of construction or
demolition debris, clean or general, or 
uncontaminated soil generated during
construction, remodeling, 
repair, and demolition of utilities, structures, and
roads 
that is not commingled with any waste, without the maintenance 
of
documentation identifying the hauler, generator, place of 
origin of the debris
or soil, the weight or volume of the 
debris or soil, and the location, owner,
and operator of the 
facility where the debris or soil was transferred,
disposed, 
recycled, or treated. This documentation must be maintained by 
the
generator, transporter, or recycler for 3 years.
This 
subsection (w) shall not apply to (1) a permitted pollution 
control
facility that transfers or accepts construction or 
demolition debris,
clean or general, or uncontaminated soil 
for final disposal, recycling, or
treatment, (2) a public 
utility (as that term is defined in the Public
Utilities Act) 
or a municipal utility, (3) the Illinois Department of

Transportation, or (4) a municipality or a county highway 
department, with
the exception of any municipality or county 
highway department located within a
county having a population 
of over 3,000,000 inhabitants or located in a county
that
is 
contiguous to a county having a population of over 3,000,000 
inhabitants;
but it shall apply to an entity that contracts 
with a public utility, a
municipal utility, the Illinois 
Department of Transportation, or a
municipality or a county 
highway department.
The terms
"generation" and "recycling", as

used in this subsection, do not
apply to clean construction or 
demolition debris
when (i) used as fill material below grade 
outside of a setback zone
if covered by sufficient 
uncontaminated soil to support vegetation within 30
days of 
the completion of filling or if covered by a road or structure, 
(ii)
solely broken concrete without
protruding metal bars is 
used for erosion control, or (iii) milled
asphalt or crushed 
concrete is used as aggregate in construction of the
shoulder 
of a roadway. The terms "generation" and "recycling", as used 
in this
subsection, do not apply to uncontaminated soil
that 
is not commingled with any waste when (i) used as fill material 
below
grade or contoured to grade, or (ii) used at the site of 
generation.

(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; 
102-310, eff. 8-6-21; 102-558, eff. 8-20-21; revised 
10-14-21.)




 (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)


 Sec. 22.15. Solid Waste Management Fund; fees. 

 (a) There is hereby created within the State Treasury a

special fund to be known as the Solid Waste Management Fund, to 
be
constituted from the fees collected by the State pursuant 
to this Section,
from repayments of loans made from the Fund 
for solid waste projects, from registration fees collected 
pursuant to the Consumer Electronics Recycling Act, and from 
amounts transferred into the Fund pursuant to Public Act 
100-433.
Moneys received by either the Agency or the 
Department of Commerce and Economic Opportunity
in repayment 
of loans made pursuant to the Illinois Solid Waste Management

Act shall be deposited into the General Revenue Fund.

 (b) The Agency shall assess and collect a
fee in the amount 
set forth herein from the owner or operator of each sanitary

landfill permitted or required to be permitted by the Agency 
to dispose of
solid waste if the sanitary landfill is located 
off the site where such waste
was produced and if such sanitary 
landfill is owned, controlled, and operated
by a person other 
than the generator of such waste. The Agency shall deposit
all 
fees collected into the Solid Waste Management Fund. If a site 
is
contiguous to one or more landfills owned or operated by the 
same person, the
volumes permanently disposed of by each 
landfill shall be combined for purposes
of determining the fee 
under this subsection. Beginning on July 1, 2018, and on the 
first day of each month thereafter during fiscal years 2019 
through 2022, the State Comptroller shall direct and State 
Treasurer shall transfer an amount equal to 1/12 of $5,000,000 
per fiscal year from the Solid Waste Management Fund to the 
General Revenue Fund. 

  (1) If more than 150,000 cubic yards of non-hazardous 
 solid waste is
permanently disposed of at a site in a 
 calendar year, the owner or operator
shall either pay a 
 fee of 95 cents per cubic yard or,
alternatively, the 
 owner or operator may weigh the quantity of the solid 
 waste
permanently disposed of with a device for which 
 certification has been obtained
under the Weights and 
 Measures Act and pay a fee of $2.00 per
ton of solid waste 
 permanently disposed of. In no case shall the fee 
 collected
or paid by the owner or operator under this 
 paragraph exceed $1.55 per cubic yard or $3.27 per ton.

  (2) If more than 100,000 cubic yards but not more than 
 150,000 cubic
yards of non-hazardous waste is permanently 
 disposed of at a site in a calendar
year, the owner or 
 operator shall pay a fee of $52,630.

  (3) If more than 50,000 cubic yards but not more than 
 100,000 cubic
yards of non-hazardous solid waste is 
 permanently disposed of at a site
in a calendar year, the 
 owner or operator shall pay a fee of $23,790.

  (4) If more than 10,000 cubic yards but not more than 
 50,000 cubic
yards of non-hazardous solid waste is 
 permanently disposed of at a site
in a calendar year, the 
 owner or operator shall pay a fee of $7,260.

  (5) If not more than 10,000 cubic yards of 
 non-hazardous solid waste is
permanently disposed of at a 
 site in a calendar year, the owner or operator
shall pay a 
 fee of $1050.

 (c) (Blank).

 (d) The Agency shall establish rules relating to the 
collection of the
fees authorized by this Section. Such rules 
shall include, but not be
limited to:

  (1) necessary records identifying the quantities of 
 solid waste received
or disposed;

  (2) the form and submission of reports to accompany 
 the payment of fees
to the Agency;

  (3) the time and manner of payment of fees to the 
 Agency, which payments
shall not be more often than 
 quarterly; and

  (4) procedures setting forth criteria establishing 
 when an owner or
operator may measure by weight or volume 
 during any given quarter or other
fee payment period.

 (e) Pursuant to appropriation, all monies in the Solid 
Waste Management
Fund shall be used by the Agency for the 
purposes set forth in this Section and in the Illinois
Solid 
Waste Management Act, including for the costs of fee 
collection and
administration, and for the administration of 
(1) the Consumer Electronics Recycling Act and (2) until 
January 1, 2020, the Electronic Products Recycling and Reuse 
Act.

 (f) The Agency is authorized to enter into such agreements 
and to
promulgate such rules as are necessary to carry out its 
duties under this
Section and the Illinois Solid Waste 
Management Act.

 (g) On the first day of January, April, July, and October 
of each year,
beginning on July 1, 1996, the State Comptroller 
and Treasurer shall
transfer $500,000 from the Solid Waste 
Management Fund to the Hazardous Waste
Fund. Moneys 
transferred under this subsection (g) shall be used only for 
the
purposes set forth in item (1) of subsection (d) of Section 
22.2.

 (h) The Agency is authorized to provide financial 
assistance to units of
local government for the performance of 
inspecting, investigating and
enforcement activities pursuant 
to Section 4(r) at nonhazardous solid
waste disposal sites.

 (i) The Agency is authorized to conduct household waste 
collection and
disposal programs.

 (j) A unit of local government, as defined in the Local 
Solid Waste Disposal
Act, in which a solid waste disposal 
facility is located may establish a fee,
tax, or surcharge 
with regard to the permanent disposal of solid waste.
All 
fees, taxes, and surcharges collected under this subsection 
shall be
utilized for solid waste management purposes, 
including long-term monitoring
and maintenance of landfills, 
planning, implementation, inspection, enforcement
and other 
activities consistent with the Solid Waste Management Act and 
the
Local Solid Waste Disposal Act, or for any other 
environment-related purpose,
including, but not limited to, an 
environment-related public works project, but
not for the 
construction of a new pollution control facility other than a

household hazardous waste facility. However, the total fee, 
tax or surcharge
imposed by all units of local government 
under this subsection (j) upon the
solid waste disposal 
facility shall not exceed:

  (1) 60¢ per cubic yard if more than 150,000 cubic 
 yards of non-hazardous
solid waste is permanently disposed 
 of at the site in a calendar year, unless
the owner or 
 operator weighs the quantity of the solid waste received 
 with a
device for which certification has been obtained 
 under the Weights and Measures
Act, in which case the fee 
 shall not exceed $1.27 per ton of solid waste
permanently 
 disposed of.

  (2) $33,350 if more than 100,000
cubic yards, but not 
 more than 150,000 cubic yards, of non-hazardous waste
is 
 permanently disposed of at the site in a calendar year.

  (3) $15,500 if more than 50,000 cubic
yards, but not 
 more than 100,000 cubic yards, of non-hazardous solid 
 waste is
permanently disposed of at the site in a calendar 
 year.

  (4) $4,650 if more than 10,000 cubic
yards, but not 
 more than 50,000 cubic yards, of non-hazardous solid waste

 is permanently disposed of at the site in a calendar year.

  (5) $650 if not more than 10,000 cubic
yards of 
 non-hazardous solid waste is permanently disposed of at 
 the site in
a calendar year.

 The corporate authorities of the unit of local government

may use proceeds from the fee, tax, or surcharge to reimburse a 
highway
commissioner whose road district lies wholly or 
partially within the
corporate limits of the unit of local 
government for expenses incurred in
the removal of 
nonhazardous, nonfluid municipal waste that has been dumped
on 
public property in violation of a State law or local 
ordinance.

 For the disposal of solid waste from general construction

or demolition debris recovery facilities as defined in 
subsection (a-1) of Section 3.160, the total fee, tax, or 
surcharge imposed by
all units of local government under this 
subsection (j) upon
the solid waste disposal facility shall 
not exceed 50% of the
applicable amount set forth above. A unit 
of local government,
as defined in the Local Solid Waste 
Disposal Act, in which a
general construction or demolition 
debris recovery facility is
located may establish a fee, tax, 
or surcharge on the general construction or demolition debris 
recovery facility with
regard to the permanent disposal of 
solid waste by the
general construction or demolition debris 
recovery facility at
a solid waste disposal facility, provided 
that such fee, tax,
or surcharge shall not exceed 50% of the 
applicable amount set
forth above, based on the total amount 
of solid waste transported from the general construction or 
demolition debris recovery facility for disposal at solid 
waste disposal facilities, and the unit of local government 
and fee shall be
subject to all other requirements of this 
subsection (j).
 A county or Municipal Joint Action Agency that imposes a 
fee, tax, or
surcharge under this subsection may use the 
proceeds thereof to reimburse a
municipality that lies wholly 
or partially within its boundaries for expenses
incurred in 
the removal of nonhazardous, nonfluid municipal waste that has 
been
dumped on public property in violation of a State law or 
local ordinance.

 If the fees are to be used to conduct a local sanitary 
landfill
inspection or enforcement program, the unit of local 
government must enter
into a written delegation agreement with 
the Agency pursuant to subsection
(r) of Section 4. The unit of 
local government and the Agency shall enter
into such a 
written delegation agreement within 60 days after the

establishment of such fees. At least annually,
the Agency 
shall conduct an audit of the expenditures made by units of 
local
government from the funds granted by the Agency to the 
units of local
government for purposes of local sanitary 
landfill inspection and enforcement
programs, to ensure that 
the funds have been expended for the prescribed
purposes under 
the grant.

 The fees, taxes or surcharges collected under this 
subsection (j) shall
be placed by the unit of local government 
in a separate fund, and the
interest received on the moneys in 
the fund shall be credited to the fund. The
monies in the fund 
may be accumulated over a period of years to be
expended in 
accordance with this subsection.

 A unit of local government, as defined in the Local Solid 
Waste Disposal
Act, shall prepare and post on its website, in 
April of each year, a
report that details spending plans for 
monies collected in accordance with
this subsection. The 
report will at a minimum include the following:

  (1) The total monies collected pursuant to this 
 subsection.

  (2) The most current balance of monies collected 
 pursuant to this
subsection.

  (3) An itemized accounting of all monies expended for 
 the previous year
pursuant to this subsection.

  (4) An estimation of monies to be collected for the 
 following 3
years pursuant to this subsection.

  (5) A narrative detailing the general direction and 
 scope of future
expenditures for one, 2 and 3 years.

 The exemptions granted under Sections 22.16 and 22.16a, 
and under
subsection (k) of this Section, shall be applicable 
to any fee,
tax or surcharge imposed under this subsection 
(j); except that the fee,
tax or surcharge authorized to be 
imposed under this subsection (j) may be
made applicable by a 
unit of local government to the permanent disposal of
solid 
waste after December 31, 1986, under any contract lawfully 
executed
before June 1, 1986 under which more than 150,000 
cubic yards (or 50,000 tons)
of solid waste is to be 
permanently disposed of, even though the waste is
exempt from 
the fee imposed by the State under subsection (b) of this 
Section
pursuant to an exemption granted under Section 22.16.

 (k) In accordance with the findings and purposes of the 
Illinois Solid
Waste Management Act, beginning January 1, 1989 
the fee under subsection
(b) and the fee, tax or surcharge 
under subsection (j) shall not apply to:

  (1) waste which is hazardous waste;

  (2) waste which is pollution control waste;

  (3) waste from recycling, reclamation or reuse 
 processes which have been
approved by the Agency as being 
 designed to remove any contaminant from
wastes so as to 
 render such wastes reusable, provided that the process

 renders at least 50% of the waste reusable; the exemption 
 set forth in this paragraph (3) of this subsection (k) 
 shall not apply to general construction or demolition 
 debris recovery
facilities as defined in subsection (a-1) 
 of Section 3.160;

  (4) non-hazardous solid waste that is received at a 
 sanitary landfill
and composted or recycled through a 
 process permitted by the Agency; or

  (5) any landfill which is permitted by the Agency to 
 receive only
demolition or construction debris or 
 landscape waste.

(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 
102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. 
8-20-21; revised 9-28-21.)


 (415 ILCS 5/22.59)
 Sec. 22.59. CCR surface impoundments.
 (a) The General Assembly finds that:
  (1) the State of Illinois has a long-standing policy 
 to restore, protect, and enhance the environment, 
 including the purity of the air, land, and waters, 
 including groundwaters, of this State;
  (2) a clean environment is essential to the growth and 
 well-being of this State;
  (3) CCR generated by the electric generating industry 
 has caused groundwater contamination and other forms of 
 pollution at active and inactive plants throughout this 
 State;
  (4) environmental laws should be supplemented to 
 ensure consistent, responsible regulation of all existing 
 CCR surface impoundments; and
  (5) meaningful participation of State residents, 
 especially vulnerable populations who may be affected by 
 regulatory actions, is critical to ensure that 
 environmental justice considerations are incorporated in 
 the development of, decision-making related to, and 
 implementation of environmental laws and rulemaking that 
 protects and improves the well-being of communities in 
 this State that bear disproportionate burdens imposed by 
 environmental pollution.
 Therefore, the purpose of this Section is to promote a 
healthful environment, including clean water, air, and land, 
meaningful public involvement, and the responsible disposal 
and storage of coal combustion residuals, so as to protect 
public health and to prevent pollution of the environment of 
this State.
 The provisions of this Section shall be liberally 
construed to carry out the purposes of this Section.
 (b) No person shall:
  (1) cause or allow the discharge of any contaminants 
 from a CCR surface impoundment into the environment so as 
 to cause, directly or indirectly, a violation of this 
 Section or any regulations or standards adopted by the 
 Board under this Section, either alone or in combination 
 with contaminants from other sources;
  (2) construct, install, modify, operate, or close any 
 CCR surface impoundment without a permit granted by the 
 Agency, or so as to violate any conditions imposed by such 
 permit, any provision of this Section or any regulations 
 or standards adopted by the Board under this Section;
  (3) cause or allow, directly or indirectly, the 
 discharge, deposit, injection, dumping, spilling, leaking, 
 or placing of any CCR upon the land in a place and manner 
 so as to cause or tend to cause a violation of this Section 
 or any regulations or standards adopted by the Board under 
 this Section; or
  (4) construct, install, modify, or close a CCR surface

 impoundment in accordance with a permit issued under this

 Act without certifying to the Agency that all contractors, 
 subcontractors, and installers utilized to construct, 
 install, modify, or close a CCR surface impoundment are 
 participants in:
   (A) a training program that is approved by and

 registered with the United States Department of

 Labor's Employment and Training Administration and

 that includes instruction in erosion control and

 environmental remediation; and
   (B) a training program that is approved by and

 registered with the United States Department of

 Labor's Employment and Training Administration and

 that includes instruction in the operation of heavy

 equipment and excavation.
  Nothing in this paragraph (4) shall be construed to 
 require providers of construction-related professional 
 services to participate in a training program approved by 
 and registered with the United States Department of 
 Labor's Employment and Training Administration.
  In this paragraph (4), "construction-related 
 professional services" includes, but is
not limited to, 
 those services within the scope of: (i) the
practice of 
 architecture as regulated under the
Illinois Architecture 
 Practice Act of 1989; (ii) professional
engineering as 
 defined in Section 4 of the Professional
Engineering 
 Practice Act of 1989; (iii) the practice of a structural

 engineer as defined in Section 4 of the Structural 
 Engineering Practice Act of
1989; or (iv) land surveying 
 under the Illinois Professional Land
Surveyor Act of 1989. 
 (c) (Blank).
 (d) Before commencing closure of a CCR surface 
impoundment, in accordance with Board rules, the owner of a 
CCR surface impoundment must submit to the Agency for approval 
a closure alternatives analysis that analyzes all closure 
methods being considered and that otherwise satisfies all 
closure requirements adopted by the Board under this Act. 
Complete removal of CCR, as specified by the Board's rules, 
from the CCR surface impoundment must be considered and 
analyzed. Section 3.405 does not apply to the Board's rules 
specifying complete removal of CCR. The selected closure 
method must ensure compliance with regulations adopted by the 
Board pursuant to this Section.
 (e) Owners or operators of CCR surface impoundments who 
have submitted a closure plan to the Agency before May 1, 2019, 
and who have completed closure prior to 24 months after July 
30, 2019 (the effective date of Public Act 101-171) shall not 
be required to obtain a construction permit for the surface 
impoundment closure under this Section. 
 (f) Except for the State, its agencies and institutions, a 
unit of local government, or not-for-profit electric 
cooperative as defined in Section 3.4 of the Electric Supplier 
Act, any person who owns or operates a CCR surface impoundment 
in this State shall post with the Agency a performance bond or 
other security for the purpose of: (i) ensuring closure of the 
CCR surface impoundment and post-closure care in accordance 
with this Act and its rules; and (ii) ensuring remediation of 
releases from the CCR surface impoundment. The only acceptable 
forms of financial assurance are: a trust fund, a surety bond 
guaranteeing payment, a surety bond guaranteeing performance, 
or an irrevocable letter of credit.
  (1) The cost estimate for the post-closure care of a 
 CCR surface impoundment shall be calculated using a 
 30-year post-closure care period or such longer period as 
 may be approved by the Agency under Board or federal 
 rules.
  (2) The Agency is authorized to enter into such 
 contracts and agreements as it may deem necessary to carry 
 out the purposes of this Section. Neither the State, nor 
 the Director, nor any State employee shall be liable for 
 any damages or injuries arising out of or resulting from 
 any action taken under this Section.
  (3) The Agency shall have the authority to approve or 
 disapprove any performance bond or other security posted 
 under this subsection. Any person whose performance bond 
 or other security is disapproved by the Agency may contest 
 the disapproval as a permit denial appeal pursuant to 
 Section 40.
 (g) The Board shall adopt rules establishing construction 
permit requirements, operating permit requirements, design 
standards, reporting, financial assurance, and closure and 
post-closure care requirements for CCR surface impoundments. 
Not later than 8 months after July 30, 2019 (the effective date 
of Public Act 101-171) the Agency shall propose, and not later 
than one year after receipt of the Agency's proposal the Board 
shall adopt, rules under this Section. The Board shall not be 
deemed in noncompliance with the rulemaking deadline due to 
delays in adopting rules as a result of the Joint Commission on 
Administrative Rules oversight process. The rules must, at a 
minimum:
  (1) be at least as protective and comprehensive as the 
 federal regulations or amendments thereto promulgated by 
 the Administrator of the United States Environmental 
 Protection Agency in Subpart D of 40 CFR 257 governing CCR 
 surface impoundments;
  (2) specify the minimum contents of CCR surface 
 impoundment construction and operating permit 
 applications, including the closure alternatives analysis 
 required under subsection (d);
  (3) specify which types of permits include 
 requirements for closure, post-closure, remediation and 
 all other requirements applicable to CCR surface 
 impoundments; 
  (4) specify when permit applications for existing CCR 
 surface impoundments must be submitted, taking into 
 consideration whether the CCR surface impoundment must 
 close under the RCRA;
  (5) specify standards for review and approval by the 
 Agency of CCR surface impoundment permit applications;
  (6) specify meaningful public participation procedures 
 for the issuance of CCR surface impoundment construction 
 and operating permits, including, but not limited to, 
 public notice of the submission of permit applications, an 
 opportunity for the submission of public comments, an 
 opportunity for a public hearing prior to permit issuance, 
 and a summary and response of the comments prepared by the 
 Agency;
  (7) prescribe the type and amount of the performance 
 bonds or other securities required under subsection (f), 
 and the conditions under which the State is entitled to 
 collect moneys from such performance bonds or other 
 securities;
  (8) specify a procedure to identify areas of 
 environmental justice concern in relation to CCR surface 
 impoundments;
  (9) specify a method to prioritize CCR surface 
 impoundments required to close under RCRA if not otherwise 
 specified by the United States Environmental Protection 
 Agency, so that the CCR surface impoundments with the 
 highest risk to public health and the environment, and 
 areas of environmental justice concern are given first 
 priority;
  (10) define when complete removal of CCR is achieved 
 and specify the standards for responsible removal of CCR 
 from CCR surface impoundments, including, but not limited 
 to, dust controls and the protection of adjacent surface 
 water and groundwater; and
  (11) describe the process and standards for 
 identifying a specific alternative source of groundwater 
 pollution when the owner or operator of the CCR surface 
 impoundment believes that groundwater contamination on the 
 site is not from the CCR surface impoundment.
 (h) Any owner of a CCR surface impoundment that generates 
CCR and sells or otherwise provides coal combustion byproducts 
pursuant to Section 3.135 shall, every 12 months, post on its 
publicly available website a report specifying the volume or 
weight of CCR, in cubic yards or tons, that it sold or provided 
during the past 12 months.
 (i) The owner of a CCR surface impoundment shall post all 
closure plans, permit applications, and supporting 
documentation, as well as any Agency approval of the plans or 
applications on its publicly available website.
 (j) The owner or operator of a CCR surface impoundment 
shall pay the following fees:
  (1) An initial fee to the Agency within 6 months after 
 July 30, 2019 (the effective date of Public Act 101-171) 
 of:
   $50,000 for each closed CCR surface impoundment; 
 and
   $75,000 for each CCR surface impoundment that have 
 not completed closure.
  (2) Annual fees to the Agency, beginning on July 1, 
 2020, of:
   $25,000 for each CCR surface impoundment that has 
 not completed closure; and
   $15,000 for each CCR surface impoundment that has 
 completed closure, but has not completed post-closure 
 care.
 (k) All fees collected by the Agency under subsection (j) 
shall be deposited into the Environmental Protection Permit 
and Inspection Fund.
 (l) The Coal Combustion Residual Surface Impoundment 
Financial Assurance Fund is created as a special fund in the 
State treasury. Any moneys forfeited to the State of Illinois 
from any performance bond or other security required under 
this Section shall be placed in the Coal Combustion Residual 
Surface Impoundment Financial Assurance Fund and shall, upon 
approval by the Governor and the Director, be used by the 
Agency for the purposes for which such performance bond or 
other security was issued. The Coal Combustion Residual 
Surface Impoundment Financial Assurance Fund is not subject to 
the provisions of subsection (c) of Section 5 of the State 
Finance Act.
 (m) The provisions of this Section shall apply, without 
limitation, to all existing CCR surface impoundments and any 
CCR surface impoundments constructed after July 30, 2019 (the 
effective date of Public Act 101-171), except to the extent 
prohibited by the Illinois or United States Constitutions.

(Source: P.A. 101-171, eff. 7-30-19; 102-16, eff. 6-17-21; 
102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff. 
8-20-21; 102-662, eff. 9-15-21; revised 10-14-21.)



 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)

 Sec. 39. Issuance of permits; procedures. 

 (a) When the Board has by regulation required a permit for

the construction, installation, or operation of any type of 
facility,
equipment, vehicle, vessel, or aircraft, the 
applicant shall apply to
the Agency for such permit and it 
shall be the duty of the Agency to
issue such a permit upon 
proof by the applicant that the facility,
equipment, vehicle, 
vessel, or aircraft will not cause a violation of
this Act or 
of regulations hereunder. The Agency shall adopt such

procedures as are necessary to carry out its duties under this 
Section.
In making its determinations on permit applications 
under this Section the Agency may consider prior adjudications 
of
noncompliance with this Act by the applicant that involved 
a release of a
contaminant into the environment. In granting 
permits, the Agency
may impose reasonable conditions 
specifically related to the applicant's past
compliance 
history with this Act as necessary to correct, detect, or

prevent noncompliance. The Agency may impose such other 
conditions
as may be necessary to accomplish the purposes of 
this Act, and as are not
inconsistent with the regulations 
promulgated by the Board hereunder. Except as
otherwise 
provided in this Act, a bond or other security shall not be 
required
as a condition for the issuance of a permit. If the 
Agency denies any permit
under this Section, the Agency shall 
transmit to the applicant within the time
limitations of this 
Section specific, detailed statements as to the reasons the

permit application was denied. Such statements shall include, 
but not be
limited to, the following:

  (i) the Sections of this Act which may be violated if 
 the permit
were granted;

  (ii) the provision of the regulations, promulgated 
 under this Act,
which may be violated if the permit were 
 granted;

  (iii) the specific type of information, if any, which 
 the Agency
deems the applicant did not provide the Agency; 
 and

  (iv) a statement of specific reasons why the Act and 
 the regulations
might not be met if the permit were 
 granted.

 If there is no final action by the Agency within 90 days 
after the
filing of the application for permit, the applicant 
may deem the permit
issued; except that this time period shall 
be extended to 180 days when
(1) notice and opportunity for 
public hearing are required by State or
federal law or 
regulation, (2) the application which was filed is for
any 
permit to develop a landfill subject to issuance pursuant to 
this
subsection, or (3) the application that was filed is for a 
MSWLF unit
required to issue public notice under subsection 
(p) of Section 39. The
90-day and 180-day time periods for the 
Agency to take final action do not
apply to NPDES permit 
applications under subsection (b) of this Section,
to RCRA 
permit applications under subsection (d) of this Section,
to 
UIC permit applications under subsection (e) of this Section, 
or to CCR surface impoundment applications under subsection 
(y) of this Section.

 The Agency shall publish notice of all final permit 
determinations for
development permits for MSWLF units and for 
significant permit modifications
for lateral expansions for 
existing MSWLF units one time in a newspaper of
general 
circulation in the county in which the unit is or is proposed 
to be
located.

 After January 1, 1994 and until July 1, 1998, operating 
permits issued under
this Section by the
Agency for sources of 
air pollution permitted to emit less than 25 tons
per year of 
any combination of regulated air pollutants, as defined in

Section 39.5 of this Act, shall be required to be renewed only 
upon written
request by the Agency consistent with applicable 
provisions of this Act and
regulations promulgated hereunder. 
Such operating permits shall expire
180 days after the date of 
such a request. The Board shall revise its
regulations for the 
existing State air pollution operating permit program

consistent with this provision by January 1, 1994.

 After June 30, 1998, operating permits issued under this 
Section by the
Agency for sources of air pollution that are not 
subject to Section 39.5 of
this Act and are not required to 
have a federally enforceable State operating
permit shall be 
required to be renewed only upon written request by the Agency

consistent with applicable provisions of this Act and its 
rules. Such
operating permits shall expire 180 days after the 
date of such a request.
Before July 1, 1998, the Board shall 
revise its rules for the existing State
air pollution 
operating permit program consistent with this paragraph and 
shall
adopt rules that require a source to demonstrate that it 
qualifies for a permit
under this paragraph.

 (b) The Agency may issue NPDES permits exclusively under 
this
subsection for the discharge of contaminants from point 
sources into
navigable waters, all as defined in the Federal 
Water Pollution Control
Act, as now or hereafter amended, 
within the jurisdiction of the
State, or into any well.

 All NPDES permits shall contain those terms and 
conditions, including,
but not limited to, schedules of 
compliance, which may be required to
accomplish the purposes 
and provisions of this Act.

 The Agency may issue general NPDES permits for discharges 
from categories
of point sources which are subject to the same 
permit limitations and
conditions. Such general permits may be 
issued without individual
applications and shall conform to 
regulations promulgated under Section 402
of the Federal Water 
Pollution Control Act, as now or hereafter amended.

 The Agency may include, among such conditions, effluent 
limitations
and other requirements established under this Act, 
Board regulations,
the Federal Water Pollution Control Act, as 
now or hereafter amended, and
regulations pursuant thereto, 
and schedules for achieving compliance
therewith at the 
earliest reasonable date.

 The Agency shall adopt filing requirements and procedures 
which are
necessary and appropriate for the issuance of NPDES 
permits, and which
are consistent with the Act or regulations 
adopted by the Board, and
with the Federal Water Pollution 
Control Act, as now or hereafter
amended, and regulations 
pursuant thereto.

 The Agency, subject to any conditions which may be 
prescribed by
Board regulations, may issue NPDES permits to 
allow discharges beyond
deadlines established by this Act or 
by regulations of the Board without
the requirement of a 
variance, subject to the Federal Water Pollution
Control Act, 
as now or hereafter amended, and regulations pursuant thereto.

 (c) Except for those facilities owned or operated by 
sanitary districts
organized under the Metropolitan Water 
Reclamation District Act, no
permit for the development or 
construction of a new pollution control
facility may be 
granted by the Agency unless the applicant submits proof to 
the
Agency that the location of the facility has been approved 
by the county board
of the county if in an unincorporated area, 
or the governing body of the
municipality when in an 
incorporated area, in which the facility is to be
located in 
accordance with Section 39.2 of this Act. For purposes of this 
subsection (c), and for purposes of Section 39.2 of this Act, 
the appropriate county board or governing body of the 
municipality shall be the county board of the county or the 
governing body of the municipality in which the facility is to 
be located as of the date when the application for siting 
approval is filed.


 In the event that siting approval granted pursuant to 
Section 39.2 has
been transferred to a subsequent owner or 
operator, that subsequent owner or
operator may apply to the 
Agency for, and the Agency may grant, a development
or 
construction permit for the facility for which local siting 
approval was
granted. Upon application to the Agency for a 
development or
construction permit by that subsequent owner or 
operator,
the permit applicant shall cause written notice of 
the permit application
to be served upon the appropriate 
county board or governing body of the
municipality that 
granted siting approval for that facility and upon any party

to the siting proceeding pursuant to which siting approval was 
granted. In
that event, the Agency shall conduct an evaluation 
of the subsequent owner or
operator's prior experience in 
waste management operations in the manner
conducted under 
subsection (i) of Section 39 of this Act.

 Beginning August 20, 1993, if the pollution control 
facility consists of a
hazardous or solid waste disposal 
facility for which the proposed site is
located in an 
unincorporated area of a county with a population of less than

100,000 and includes all or a portion of a parcel of land that 
was, on April 1,
1993, adjacent to a municipality having a 
population of less than 5,000, then
the local siting review 
required under this subsection (c) in conjunction with
any 
permit applied for after that date shall be performed by the 
governing body
of that adjacent municipality rather than the 
county board of the county in
which the proposed site is 
located; and for the purposes of that local siting
review, any 
references in this Act to the county board shall be deemed to 
mean
the governing body of that adjacent municipality; 
provided, however, that the
provisions of this paragraph shall 
not apply to any proposed site which was, on
April 1, 1993, 
owned in whole or in part by another municipality.

 In the case of a pollution control facility for which a

development permit was issued before November 12, 1981, if an 
operating
permit has not been issued by the Agency prior to 
August 31, 1989 for
any portion of the facility, then the 
Agency may not issue or renew any
development permit nor issue 
an original operating permit for any portion of
such facility 
unless the applicant has submitted proof to the Agency that 
the
location of the facility has been approved by the 
appropriate county board or
municipal governing body pursuant 
to Section 39.2 of this Act.

 After January 1, 1994, if a solid waste
disposal facility, 
any portion for which an operating permit has been issued by

the Agency, has not accepted waste disposal for 5 or more 
consecutive calendar
years, before that facility may accept 
any new or additional waste for
disposal, the owner and 
operator must obtain a new operating permit under this
Act for 
that facility unless the owner and operator have applied to 
the Agency
for a permit authorizing the temporary suspension 
of waste acceptance. The
Agency may not issue a new operation 
permit under this Act for the facility
unless the applicant 
has submitted proof to the Agency that the location of the

facility has been approved or re-approved by the appropriate 
county board or
municipal governing body under Section 39.2 of 
this Act after the facility
ceased accepting waste.

 Except for those facilities owned or operated by sanitary 
districts
organized under the Metropolitan Water Reclamation 
District Act, and
except for new pollution control facilities 
governed by Section 39.2,
and except for fossil fuel mining 
facilities, the granting of a permit under
this Act shall not 
relieve the applicant from meeting and securing all
necessary 
zoning approvals from the unit of government having zoning

jurisdiction over the proposed facility.

 Before beginning construction on any new sewage treatment 
plant or sludge
drying site to be owned or operated by a 
sanitary district organized under
the Metropolitan Water 
Reclamation District Act for which a new
permit (rather than 
the renewal or amendment of an existing permit) is
required, 
such sanitary district shall hold a public hearing within the

municipality within which the proposed facility is to be 
located, or within the
nearest community if the proposed 
facility is to be located within an
unincorporated area, at 
which information concerning the proposed facility
shall be 
made available to the public, and members of the public shall 
be given
the opportunity to express their views concerning the 
proposed facility.

 The Agency may issue a permit for a municipal waste 
transfer station
without requiring approval pursuant to 
Section 39.2 provided that the following
demonstration is 
made:

  (1) the municipal waste transfer station was in 
 existence on or before
January 1, 1979 and was in 
 continuous operation from January 1, 1979 to January
1, 
 1993;

  (2) the operator submitted a permit application to the 
 Agency to develop
and operate the municipal waste transfer 
 station during April of 1994;

  (3) the operator can demonstrate that the county board 
 of the county, if
the municipal waste transfer station is 
 in an unincorporated area, or the
governing body of the 
 municipality, if the station is in an incorporated area,

 does not object to resumption of the operation of the 
 station; and

  (4) the site has local zoning approval.

 (d) The Agency may issue RCRA permits exclusively under 
this
subsection to persons owning or operating a facility for 
the treatment,
storage, or disposal of hazardous waste as 
defined under this Act. Subsection (y) of this Section, rather 
than this subsection (d), shall apply to permits issued for 
CCR surface impoundments. 

 All RCRA permits shall contain those terms and conditions, 
including, but
not limited to, schedules of compliance, which 
may be required to accomplish
the purposes and provisions of 
this Act. The Agency may include among such
conditions 
standards and other requirements established under this Act,

Board regulations, the Resource Conservation and Recovery Act 
of 1976 (P.L.
94-580), as amended, and regulations pursuant 
thereto, and may include
schedules for achieving compliance 
therewith as soon as possible. The
Agency shall require that a 
performance bond or other security be provided
as a condition 
for the issuance of a RCRA permit.

 In the case of a permit to operate a hazardous waste or PCB 
incinerator
as defined in subsection (k) of Section 44, the 
Agency shall require, as a
condition of the permit, that the 
operator of the facility perform such
analyses of the waste to 
be incinerated as may be necessary and appropriate
to ensure 
the safe operation of the incinerator.

 The Agency shall adopt filing requirements and procedures 
which
are necessary and appropriate for the issuance of RCRA 
permits, and which
are consistent with the Act or regulations 
adopted by the Board, and with
the Resource Conservation and 
Recovery Act of 1976 (P.L. 94-580), as
amended, and 
regulations pursuant thereto.

 The applicant shall make available to the public for 
inspection all
documents submitted by the applicant to the 
Agency in furtherance
of an application, with the exception of 
trade secrets, at the office of
the county board or governing 
body of the municipality. Such documents
may be copied upon 
payment of the actual cost of reproduction during regular

business hours of the local office. The Agency shall issue a 
written statement
concurrent with its grant or denial of the 
permit explaining the basis for its
decision.

 (e) The Agency may issue UIC permits exclusively under 
this
subsection to persons owning or operating a facility for 
the underground
injection of contaminants as defined under 
this Act.

 All UIC permits shall contain those terms and conditions, 
including, but
not limited to, schedules of compliance, which 
may be required to accomplish
the purposes and provisions of 
this Act. The Agency may include among such
conditions 
standards and other requirements established under this Act,

Board regulations, the Safe Drinking Water Act (P.L. 93-523), 
as amended,
and regulations pursuant thereto, and may include 
schedules for achieving
compliance therewith. The Agency shall 
require that a performance bond or
other security be provided 
as a condition for the issuance of a UIC permit.

 The Agency shall adopt filing requirements and procedures 
which
are necessary and appropriate for the issuance of UIC 
permits, and which
are consistent with the Act or regulations 
adopted by the Board, and with
the Safe Drinking Water Act 
(P.L. 93-523), as amended, and regulations
pursuant thereto.

 The applicant shall make available to the public for 
inspection, all
documents submitted by the applicant to the 
Agency in furtherance of an
application, with the exception of 
trade secrets, at the office of the county
board or governing 
body of the municipality. Such documents may be copied upon

payment of the actual cost of reproduction during regular 
business hours of the
local office. The Agency shall issue a 
written statement concurrent with its
grant or denial of the 
permit explaining the basis for its decision.

 (f) In making any determination pursuant to Section 9.1 of 
this Act:

  (1) The Agency shall have authority to make the 
 determination of any
question required to be determined by 
 the Clean Air Act, as now or
hereafter amended, this Act, 
 or the regulations of the Board, including the

 determination of the Lowest Achievable Emission Rate, 
 Maximum Achievable
Control Technology, or Best Available 
 Control Technology, consistent with the
Board's 
 regulations, if any.

  (2) The Agency shall adopt requirements as necessary 
 to implement public participation procedures, including, 
 but not limited to, public notice, comment, and an 
 opportunity for hearing, which must accompany the 
 processing of applications for PSD permits. The Agency 
 shall briefly describe and respond to all significant 
 comments on the draft permit raised during the public 
 comment period or during any hearing. The Agency may group 
 related comments together and provide one unified response 
 for each issue raised.
  (3) Any complete permit application submitted to the 
 Agency under this subsection for a PSD permit shall be 
 granted or denied by the Agency not later than one year 
 after the filing of such completed application. 
  (4) The Agency shall, after conferring with the 
 applicant, give written
notice to the applicant of its 
 proposed decision on the application, including
the terms 
 and conditions of the permit to be issued and the facts, 
 conduct,
or other basis upon which the Agency will rely to 
 support its proposed action.

 (g) The Agency shall include as conditions upon all 
permits issued for
hazardous waste disposal sites such 
restrictions upon the future use
of such sites as are 
reasonably necessary to protect public health and
the 
environment, including permanent prohibition of the use of 
such
sites for purposes which may create an unreasonable risk 
of injury to human
health or to the environment. After 
administrative and judicial challenges
to such restrictions 
have been exhausted, the Agency shall file such
restrictions 
of record in the Office of the Recorder of the county in which

the hazardous waste disposal site is located.

 (h) A hazardous waste stream may not be deposited in a 
permitted hazardous
waste site unless specific authorization 
is obtained from the Agency by the
generator and disposal site 
owner and operator for the deposit of that specific
hazardous 
waste stream. The Agency may grant specific authorization for

disposal of hazardous waste streams only after the generator 
has reasonably
demonstrated that, considering
technological 
feasibility and economic reasonableness, the hazardous waste

cannot be reasonably recycled for reuse, nor incinerated or 
chemically,
physically, or biologically treated so as to 
neutralize the hazardous waste
and render it nonhazardous. In 
granting authorization under this Section,
the Agency may 
impose such conditions as may be necessary to accomplish
the 
purposes of the Act and are consistent with this Act and 
regulations
promulgated by the Board hereunder. If the Agency 
refuses to grant
authorization under this Section, the 
applicant may appeal as if the Agency
refused to grant a 
permit, pursuant to the provisions of subsection (a) of

Section 40 of this Act. For purposes of this subsection (h), 
the term
"generator" has the meaning given in Section 3.205 of 
this Act,
unless: (1) the hazardous waste is treated, 
incinerated, or partially recycled
for reuse prior to 
disposal, in which case the last person who treats,

incinerates, or partially recycles the hazardous waste prior 
to disposal is the
generator; or (2) the hazardous waste is 
from a response action, in which case
the person performing 
the response action is the generator. This subsection
(h) does 
not apply to any hazardous waste that is restricted from land 
disposal
under 35 Ill. Adm. Code 728.

 (i) Before issuing any RCRA permit, any permit for a waste 
storage site,
sanitary landfill, waste disposal site, waste 
transfer station, waste treatment
facility, waste incinerator, 
or any waste-transportation operation, any permit or interim 
authorization for a clean construction or demolition debris 
fill operation, or any permit required under subsection (d-5) 
of Section 55, the Agency
shall conduct an evaluation of the 
prospective owner's or operator's prior
experience in waste 
management operations, clean construction or demolition debris 
fill operations, and tire storage site management. The Agency 
may deny such a permit, or deny or revoke interim 
authorization,
if the prospective owner or operator or any 
employee or officer of the
prospective owner or operator has a 
history of:

  (1) repeated violations of federal, State, or local 
 laws, regulations,
standards, or ordinances in the 
 operation of waste management facilities or
sites, clean 
 construction or demolition debris fill operation 
 facilities or sites, or tire storage sites; or

  (2) conviction in this or another State of any crime 
 which is a felony
under the laws of this State, or 
 conviction of a felony in a federal court; or conviction 
 in this or another state or federal court of any of the 
 following crimes: forgery, official misconduct, bribery, 
 perjury, or knowingly submitting false information under 
 any environmental law, regulation, or permit term or 
 condition; or

  (3) proof of gross carelessness or incompetence in 
 handling, storing,
processing, transporting, or disposing 
 of waste, clean construction or demolition debris, or used 
 or waste tires, or proof of gross carelessness or 
 incompetence in using clean construction or demolition 
 debris as fill.

 (i-5) Before issuing any permit or approving any interim 
authorization for a clean construction or demolition debris 
fill operation in which any ownership interest is transferred 
between January 1, 2005, and the effective date of the 
prohibition set forth in Section 22.52 of this Act, the Agency 
shall conduct an evaluation of the operation if any previous 
activities at the site or facility may have caused or allowed 
contamination of the site. It shall be the responsibility of 
the owner or operator seeking the permit or interim 
authorization to provide to the Agency all of the information 
necessary for the Agency to conduct its evaluation. The Agency 
may deny a permit or interim authorization if previous 
activities at the site may have caused or allowed 
contamination at the site, unless such contamination is 
authorized under any permit issued by the Agency.

 (j) The issuance under this Act of a permit to engage in 
the surface mining
of any resources other than fossil fuels 
shall not relieve
the permittee from its duty to comply with 
any applicable local law regulating
the commencement, 
location, or operation of surface mining facilities.

 (k) A development permit issued under subsection (a) of 
Section 39 for any
facility or site which is required to have a 
permit under subsection (d) of
Section 21 shall expire at the 
end of 2 calendar years from the date upon which
it was issued, 
unless within that period the applicant has taken action to

develop the facility or the site. In the event that review of 
the
conditions of the development permit is sought pursuant to 
Section 40 or
41, or permittee is prevented from commencing 
development of the facility
or site by any other litigation 
beyond the permittee's control, such
two-year period shall be 
deemed to begin on the date upon which such review
process or 
litigation is concluded.

 (l) No permit shall be issued by the Agency under this Act 
for
construction or operation of any facility or site located 
within the
boundaries of any setback zone established pursuant 
to this Act, where such
construction or operation is 
prohibited.

 (m) The Agency may issue permits to persons owning or 
operating
a facility for composting landscape waste. In 
granting such permits, the Agency
may impose such conditions 
as may be necessary to accomplish the purposes of
this Act, and 
as are not inconsistent with applicable regulations 
promulgated
by the Board. Except as otherwise provided in this 
Act, a bond or other
security shall not be required as a 
condition for the issuance of a permit. If
the Agency denies 
any permit pursuant to this subsection, the Agency shall

transmit to the applicant within the time limitations of this 
subsection
specific, detailed statements as to the reasons the 
permit application was
denied. Such statements shall include 
but not be limited to the following:

  (1) the Sections of this Act that may be violated if 
 the permit
were granted;

  (2) the specific regulations promulgated pursuant to 
 this
Act that may be violated if the permit were granted;

  (3) the specific information, if any, the Agency deems 
 the
applicant did not provide in its application to the 
 Agency; and

  (4) a statement of specific reasons why the Act and 
 the regulations
might be violated if the permit were 
 granted.

 If no final action is taken by the Agency within 90 days 
after the filing
of the application for permit, the applicant 
may deem the permit issued.
Any applicant for a permit may 
waive the 90-day limitation by filing a
written statement with 
the Agency.

 The Agency shall issue permits for such facilities upon 
receipt of an
application that includes a legal description of 
the site, a topographic
map of the site drawn to the scale of 
200 feet to the inch or larger, a
description of the operation, 
including the area served, an estimate of
the volume of 
materials to be processed, and documentation that:

  (1) the facility includes a setback of at
least 200 
 feet from the nearest potable water supply well;

  (2) the facility is located outside the boundary
of 
 the 10-year floodplain or the site will be floodproofed;

  (3) the facility is located so as to minimize

 incompatibility with the character of the surrounding 
 area, including at
least a 200 foot setback from any 
 residence, and in the case of a
facility that is developed 
 or the permitted composting area of which is
expanded 
 after November 17, 1991, the composting area is located at 
 least 1/8
mile from the nearest residence (other than a 
 residence located on the same
property as the facility);

  (4) the design of the facility will prevent any 
 compost material from
being placed within 5 feet of the 
 water table, will adequately control runoff
from the site, 
 and will collect and manage any leachate that is generated 
 on
the site;

  (5) the operation of the facility will include 
 appropriate dust
and odor control measures, limitations on 
 operating hours, appropriate
noise control measures for 
 shredding, chipping and similar equipment,
management 
 procedures for composting, containment and disposal of

 non-compostable wastes, procedures to be used for

 terminating operations at the site, and recordkeeping 
 sufficient to
document the amount of materials received, 
 composted, and otherwise
disposed of; and

  (6) the operation will be conducted in accordance with 
 any applicable
rules adopted by the Board.

 The Agency shall issue renewable permits of not longer 
than 10 years
in duration for the composting of landscape 
wastes, as defined in Section
3.155 of this Act, based on the 
above requirements.

 The operator of any facility permitted under this 
subsection (m) must
submit a written annual statement to the 
Agency on or before April 1 of
each year that includes an 
estimate of the amount of material, in tons,
received for 
composting.

 (n) The Agency shall issue permits jointly with the 
Department of
Transportation for the dredging or deposit of 
material in Lake Michigan in
accordance with Section 18 of the 
Rivers, Lakes, and Streams Act.

 (o) (Blank).)

 (p) (1) Any person submitting an application for a permit 
for a new MSWLF
unit or for a lateral expansion under 
subsection (t) of Section 21 of this Act
for an existing MSWLF 
unit that has not received and is not subject to local
siting 
approval under Section 39.2 of this Act shall publish notice 
of the
application in a newspaper of general circulation in 
the county in which the
MSWLF unit is or is proposed to be 
located. The notice must be published at
least 15 days before 
submission of the permit application to the Agency. The
notice 
shall state the name and address of the applicant, the 
location of the
MSWLF unit or proposed MSWLF unit, the nature 
and size of the MSWLF unit or
proposed MSWLF unit, the nature 
of the activity proposed, the probable life of
the proposed 
activity, the date the permit application will be submitted, 
and a
statement that persons may file written comments with 
the Agency concerning the
permit application within 30 days 
after the filing of the permit application
unless the time 
period to submit comments is extended by the Agency.

 When a permit applicant submits information to the Agency 
to supplement a
permit application being reviewed by the 
Agency, the applicant shall not be
required to reissue the 
notice under this subsection.

 (2) The Agency shall accept written comments concerning 
the permit
application that are postmarked no later than 30 
days after the
filing of the permit application, unless the 
time period to accept comments is
extended by the Agency.

 (3) Each applicant for a permit described in part (1) of 
this subsection
shall file a
copy of the permit application 
with the county board or governing body of the
municipality in 
which the MSWLF unit is or is proposed to be located at the

same time the application is submitted to the Agency. The 
permit application
filed with the county board or governing 
body of the municipality shall include
all documents submitted 
to or to be submitted to the Agency, except trade
secrets as 
determined under Section 7.1 of this Act. The permit 
application
and other documents on file with the county board 
or governing body of the
municipality shall be made available 
for public inspection during regular
business hours at the 
office of the county board or the governing body of the

municipality and may be copied upon payment of the actual cost 
of
reproduction.

 (q) Within 6 months after July 12, 2011 (the effective 
date of Public Act 97-95), the Agency, in consultation with 
the regulated community, shall develop a web portal to be 
posted on its website for the purpose of enhancing review and 
promoting timely issuance of permits required by this Act. At 
a minimum, the Agency shall make the following information 
available on the web portal:
  (1) Checklists and guidance relating to the completion 
 of permit applications, developed pursuant to subsection 
 (s) of this Section, which may include, but are not 
 limited to, existing instructions for completing the 
 applications and examples of complete applications. As the 
 Agency develops new checklists and develops guidance, it 
 shall supplement the web portal with those materials.
  (2) Within 2 years after July 12, 2011 (the effective 
 date of Public Act 97-95), permit application forms or 
 portions of permit applications that can be completed and 
 saved electronically, and submitted to the Agency 
 electronically with digital signatures.
  (3) Within 2 years after July 12, 2011 (the effective 
 date of Public Act 97-95), an online tracking system where 
 an applicant may review the status of its pending 
 application, including the name and contact information of 
 the permit analyst assigned to the application. Until the 
 online tracking system has been developed, the Agency 
 shall post on its website semi-annual permitting 
 efficiency tracking reports that include statistics on the 
 timeframes for Agency action on the following types of 
 permits received after July 12, 2011 (the effective date 
 of Public Act 97-95): air construction permits, new NPDES 
 permits and associated water construction permits, and 
 modifications of major NPDES permits and associated water 
 construction permits. The reports must be posted by 
 February 1 and August 1 each year and shall include:
   (A) the number of applications received for each 
 type of permit, the number of applications on which 
 the Agency has taken action, and the number of 
 applications still pending; and
   (B) for those applications where the Agency has 
 not taken action in accordance with the timeframes set 
 forth in this Act, the date the application was 
 received and the reasons for any delays, which may 
 include, but shall not be limited to, (i) the 
 application being inadequate or incomplete, (ii) 
 scientific or technical disagreements with the 
 applicant, USEPA, or other local, state, or federal 
 agencies involved in the permitting approval process, 
 (iii) public opposition to the permit, or (iv) Agency 
 staffing shortages. To the extent practicable, the 
 tracking report shall provide approximate dates when 
 cause for delay was identified by the Agency, when the 
 Agency informed the applicant of the problem leading 
 to the delay, and when the applicant remedied the 
 reason for the delay.
 (r) Upon the request of the applicant, the Agency shall 
notify the applicant of the permit analyst assigned to the 
application upon its receipt.
 (s) The Agency is authorized to prepare and distribute 
guidance documents relating to its administration of this 
Section and procedural rules implementing this Section. 
Guidance documents prepared under this subsection shall not be 
considered rules and shall not be subject to the Illinois 
Administrative Procedure Act. Such guidance shall not be 
binding on any party.
 (t) Except as otherwise prohibited by federal law or 
regulation, any person submitting an application for a permit 
may include with the application suggested permit language for 
Agency consideration. The Agency is not obligated to use the 
suggested language or any portion thereof in its permitting 
decision. If requested by the permit applicant, the Agency 
shall meet with the applicant to discuss the suggested 
language.
 (u) If requested by the permit applicant, the Agency shall 
provide the permit applicant with a copy of the draft permit 
prior to any public review period.
 (v) If requested by the permit applicant, the Agency shall 
provide the permit applicant with a copy of the final permit 
prior to its issuance. 
 (w) An air pollution permit shall not be required due to 
emissions of greenhouse gases, as specified by Section 9.15 of 
this Act.
 (x) If, before the expiration of a State operating permit 
that is issued pursuant to subsection (a) of this Section and 
contains federally enforceable conditions limiting the 
potential to emit of the source to a level below the major 
source threshold for that source so as to exclude the source 
from the Clean Air Act Permit Program, the Agency receives a 
complete application for the renewal of that permit, then all 
of the terms and conditions of the permit shall remain in 
effect until final administrative action has been taken on the 
application for the renewal of the permit. 
 (y) The Agency may issue permits exclusively under this 
subsection to persons owning or operating a CCR surface 
impoundment subject to Section 22.59.
 (z) If a mass animal mortality event is declared by the 
Department of Agriculture in accordance with the Animal 
Mortality Act:
  (1) the owner or operator responsible for the disposal 
 of dead animals is exempted from the following:
   (i) obtaining a permit for the construction, 
 installation, or operation of any type of facility or 
 equipment issued in accordance with subsection (a) of 
 this Section;
   (ii) obtaining a permit for open burning in 
 accordance with the rules adopted by the Board; and
   (iii) registering the disposal of dead animals as 
 an eligible small source with the Agency in accordance 
 with Section 9.14 of this Act; 
  (2) as applicable, the owner or operator responsible 
 for the disposal of dead animals is required to obtain the 
 following permits:
   (i) an NPDES permit in accordance with subsection 
 (b) of this Section;
   (ii) a PSD permit or an NA NSR permit in accordance 
 with Section 9.1 of this Act;
   (iii) a lifetime State operating permit or a 
 federally enforceable State operating permit, in 
 accordance with subsection (a) of this Section; or
   (iv) a CAAPP permit, in accordance with Section 
 39.5 of this Act. 
 All CCR surface impoundment permits shall contain those 
terms and conditions, including, but not limited to, schedules 
of compliance, which may be required to accomplish the 
purposes and provisions of this Act, Board regulations, the 
Illinois Groundwater Protection Act and regulations pursuant 
thereto, and the Resource Conservation and Recovery Act and 
regulations pursuant thereto, and may include schedules for 
achieving compliance therewith as soon as possible.
 The Board shall adopt filing requirements and procedures 
that are necessary and appropriate for the issuance of CCR 
surface impoundment permits and that are consistent with this 
Act or regulations adopted by the Board, and with the RCRA, as 
amended, and regulations pursuant thereto.
 The applicant shall make available to the public for 
inspection all documents submitted by the applicant to the 
Agency in furtherance of an application, with the exception of 
trade secrets, on its public internet website as well as at the 
office of the county board or governing body of the 
municipality where CCR from the CCR surface impoundment will 
be permanently disposed. Such documents may be copied upon 
payment of the actual cost of reproduction during regular 
business hours of the local office.
 The Agency shall issue a written statement concurrent with 
its grant or denial of the permit explaining the basis for its 
decision.
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; 
102-558, eff. 8-20-21; revised 12-1-21.)


 Section 550. The Electric Vehicle Rebate Act is amended by 
changing Section 15 as follows:




 (415 ILCS 120/15)



 Sec. 15. Rulemaking. The Agency shall promulgate rules as 
necessary
and dedicate sufficient resources to implement

Section 27 of this Act. Such rules shall be
consistent with 
applicable provisions of the Clean Air Act and any
regulations 
promulgated pursuant thereto. The Secretary of State may

promulgate rules to implement Section 35 of this Act. Agency

(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; 
revised 10-14-21.)


 Section 555. The Firearm Owners Identification Card Act is 
amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 8, 8.3, 9.5, 
10, 11, and 13.2 as follows:



 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

 Sec. 1.1. For purposes of this Act: 

 "Addicted to narcotics" means a person who has been: 
  (1) convicted of an offense involving the use or 
 possession of cannabis, a controlled substance, or 
 methamphetamine within the past year; or 
  (2) determined by the Illinois State Police to be 
 addicted to narcotics based upon federal law or federal 
 guidelines. 
 "Addicted to narcotics" does not include possession or use 
of a prescribed controlled substance under the direction and 
authority of a physician or other person authorized to 
prescribe the controlled substance when the controlled 
substance is used in the prescribed manner.
 "Adjudicated as a person with a mental disability" means 
the person is the subject of a determination by a court, board, 
commission or other lawful authority that the person, as a 
result of marked subnormal intelligence, or mental illness, 
mental impairment, incompetency, condition, or disease:
  (1) presents a clear and present danger to himself, 
 herself, or to others;
  (2) lacks the mental capacity to manage his or her own 
 affairs or is adjudicated a person with a disability as 
 defined in Section 11a-2 of the Probate Act of 1975;
  (3) is not guilty in a criminal case by reason of 
 insanity, mental disease or defect;
  (3.5) is guilty but mentally ill, as provided in 
 Section 5-2-6 of the Unified Code of Corrections; 
  (4) is incompetent to stand trial in a criminal case; 
  (5) is not guilty by reason of lack of mental 
 responsibility under Articles 50a and 72b of the Uniform 
 Code of Military Justice, 10 U.S.C. 850a, 876b;

  (6) is a sexually violent person under subsection (f) 
 of Section 5 of the Sexually Violent Persons Commitment 
 Act; 
  (7) is a sexually dangerous person under the Sexually 
 Dangerous Persons Act; 
  (8) is unfit to stand trial under the Juvenile Court 
 Act of 1987; 
  (9) is not guilty by reason of insanity under the 
 Juvenile Court Act of 1987; 
  (10) is subject to involuntary admission as an 
 inpatient as defined in Section 1-119 of the Mental Health 
 and Developmental Disabilities Code; 
  (11) is subject to involuntary admission as an 
 outpatient as defined in Section 1-119.1 of the Mental 
 Health and Developmental Disabilities Code; 
  (12) is subject to judicial admission as set forth in 
 Section 4-500 of the Mental Health and Developmental 
 Disabilities Code; or 
  (13) is subject to the provisions of the Interstate 
 Agreements on Sexually Dangerous Persons Act. 
 "Clear and present danger" means a person who:
  (1) communicates a serious threat of physical violence 
 against a reasonably identifiable victim or poses a clear 
 and imminent risk of serious physical injury to himself, 
 herself, or another person as determined by a physician, 
 clinical psychologist, or qualified examiner; or
  (2) demonstrates threatening physical or verbal 
 behavior, such as violent, suicidal, or assaultive 
 threats, actions, or other behavior, as determined by a 
 physician, clinical psychologist, qualified examiner, 
 school administrator, or law enforcement official.
 "Clinical psychologist" has the meaning provided in 
Section 1-103 of the Mental Health and Developmental 
Disabilities Code.
 "Controlled substance" means a controlled substance or 
controlled substance analog as defined in the Illinois 
Controlled Substances Act. 
 "Counterfeit" means to copy or imitate, without legal 
authority, with
intent
to deceive.
 "Federally licensed firearm dealer" means a person who is 
licensed as a federal firearms dealer under Section 923 of the 
federal Gun Control Act of 1968 (18 U.S.C. 923).


 "Firearm" means any device, by
whatever name known, which 
is designed to expel a projectile or projectiles
by the action 
of an explosion, expansion of gas or escape of gas; excluding,

however:

  (1) any pneumatic gun, spring gun, paint ball gun, or 
 B-B gun which
expels a single globular projectile not 
 exceeding .18 inch in
diameter or which has a maximum 
 muzzle velocity of less than 700 feet
per second;

  (1.1) any pneumatic gun, spring gun, paint ball gun, 
 or B-B gun which expels breakable paint balls containing 
 washable marking colors; 
  (2) any device used exclusively for signaling or 
 safety and required or
recommended by the United States 
 Coast Guard or the Interstate Commerce
Commission;

  (3) any device used exclusively for the firing of stud 
 cartridges,
explosive rivets or similar industrial 
 ammunition; and

  (4) an antique firearm (other than a machine-gun) 
 which, although
designed as a weapon, the Illinois State 
 Police finds by reason of
the date of its manufacture, 
 value, design, and other characteristics is
primarily a 
 collector's item and is not likely to be used as a weapon.

 "Firearm ammunition" means any self-contained cartridge or 
shotgun
shell, by whatever name known, which is designed to be 
used or adaptable to
use in a firearm; excluding, however:

  (1) any ammunition exclusively designed for use with a 
 device used
exclusively for signaling signalling or safety 
 and required or recommended by the
United States Coast 
 Guard or the Interstate Commerce Commission; and

  (2) any ammunition designed exclusively for use with a 
 stud or rivet
driver or other similar industrial 
 ammunition.
 "Gun show" means an event or function:
  (1) at which the sale and transfer of firearms is the 
 regular and normal course of business and where 50 or more 
 firearms are displayed, offered, or exhibited for sale, 
 transfer, or exchange; or
  (2) at which not less than 10 gun show vendors 
 display, offer, or exhibit for sale, sell, transfer, or 
 exchange firearms.

 "Gun show" includes the entire premises provided for an 
event or function, including parking areas for the event or 
function, that is sponsored to facilitate the purchase, sale, 
transfer, or exchange of firearms as described in this 
Section.
Nothing in this definition shall be construed to 
exclude a gun show held in conjunction with competitive 
shooting events at the World Shooting Complex sanctioned by a 
national governing body in which the sale or transfer of 
firearms is authorized under subparagraph (5) of paragraph (g) 
of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
 Unless otherwise expressly stated, "gun show" does not 
include training or safety classes, competitive shooting 
events, such as rifle, shotgun, or handgun matches, trap, 
skeet, or sporting clays shoots, dinners, banquets, raffles, 
or
any other event where the sale or transfer of firearms is 
not the primary course of business.
 "Gun show promoter" means a person who organizes or 
operates a gun show.
 "Gun show vendor" means a person who exhibits, sells, 
offers for sale, transfers, or exchanges any firearms at a gun 
show, regardless of whether the person arranges with a gun 
show promoter for a fixed location from which to exhibit, 
sell, offer for sale, transfer, or exchange any firearm.
 "Involuntarily admitted" has the meaning as prescribed in 
Sections 1-119 and 1-119.1 of the Mental Health and 
Developmental Disabilities Code. 
 "Mental health facility" means any licensed private 
hospital or hospital affiliate, institution, or facility, or 
part thereof, and any facility, or part thereof, operated by 
the State or a political subdivision thereof which provides 
provide treatment of persons with mental illness and includes 
all hospitals, institutions, clinics, evaluation facilities, 
mental health centers, colleges, universities, long-term care 
facilities, and nursing homes, or parts thereof, which provide 
treatment of persons with mental illness whether or not the 
primary purpose is to provide treatment of persons with mental 
illness. 
 "National governing body" means a group of persons who 
adopt rules and formulate policy on behalf of a national 
firearm sporting organization. 
 "Patient" means: 
  (1) a person who is admitted as an inpatient or 
 resident of a public or private mental health facility for 
 mental health treatment under Chapter III of the Mental 
 Health and Developmental Disabilities Code as an informal 
 admission, a voluntary admission, a minor admission, an 
 emergency admission, or an involuntary admission, unless 
 the treatment was solely for an alcohol abuse disorder; or 
  (2) a person who voluntarily or involuntarily receives 
 mental health treatment as an out-patient or is otherwise 
 provided services by a public or private mental health 
 facility, and who poses a clear and present danger to 
 himself, herself, or to others. 
 "Person with a developmental disability" means a person 
with a disability which is attributable to any other condition 
which results in impairment similar to that caused by an 
intellectual disability and which requires services similar to 
those required by persons with intellectual disabilities. The 
disability must originate before the age of 18
years, be 
expected to continue indefinitely, and constitute a 
substantial disability. This disability results, in the 
professional opinion of a physician, clinical psychologist, or 
qualified examiner, in significant functional limitations in 3 
or more of the following areas of major life activity:
  (i) self-care;
  (ii) receptive and expressive language;
  (iii) learning;
  (iv) mobility; or
  (v) self-direction. 
 "Person with an intellectual disability" means a person 
with a significantly subaverage general intellectual 
functioning which exists concurrently with impairment in 
adaptive behavior and which originates before the age of 18 
years. 
 "Physician" has the meaning as defined in Section 1-120 of 
the Mental Health and Developmental Disabilities Code.
 "Protective order" means any orders of protection issued 
under the Illinois Domestic Violence Act of 1986, stalking no 
contact orders issued under the Stalking No Contact Order Act, 
civil no contact orders issued under the Civil No Contact 
Order Act, and firearms restraining orders issued under the 
Firearms Restraining Order Act.
 "Qualified examiner" has the meaning provided in Section 
1-122 of the Mental Health and Developmental Disabilities 
Code.
 "Sanctioned competitive shooting event" means a shooting 
contest officially recognized by a national or state shooting 
sport association, and includes any sight-in or practice 
conducted in conjunction with the event.


 "School administrator" means the person required to report 
under the School Administrator Reporting of Mental Health 
Clear and Present Danger Determinations Law.
 "Stun gun or taser" has the meaning ascribed to it in 
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-6-21.)

 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
 (Text of Section before amendment by P.A. 102-237)
 Sec. 3. (a) Except as provided in Section 3a, no person may 
knowingly
transfer, or cause to be transferred, any firearm, 
firearm ammunition, stun gun, or taser to any person within 
this State unless the
transferee with whom he deals displays 
either: (1) a currently valid Firearm Owner's
Identification 
Card which has previously been issued in his or her name by the

Illinois State Police under the provisions of this Act; or (2) 
a currently valid license to carry a concealed firearm which 
has previously been issued in his or her name by the
Illinois 
State Police under the Firearm Concealed Carry Act. In 
addition,
all firearm, stun gun, and taser transfers by 
federally licensed firearm dealers are subject
to Section 3.1.
 (a-5) Any person who is not a federally licensed firearm 
dealer and who desires to transfer or sell a firearm while that 
person is on the grounds of a gun show must, before selling or 
transferring the firearm, request the Illinois State Police to 
conduct a background check on the prospective recipient of the 
firearm in accordance with Section 3.1.

 (a-10) Notwithstanding item (2) of subsection (a) of this 
Section, any person who is not a federally licensed firearm 
dealer and who desires to transfer or sell a firearm or 
firearms to any person who is not a federally licensed firearm 
dealer shall, before selling or transferring the firearms, 
contact the Illinois State Police with the transferee's or 
purchaser's Firearm Owner's Identification Card number to 
determine the validity of the transferee's or purchaser's 
Firearm Owner's Identification Card. This subsection shall not 
be effective until January 1, 2014. The Illinois State Police 
may adopt rules concerning the implementation of this 
subsection. The Illinois State Police shall provide the seller 
or transferor an approval number if the purchaser's Firearm 
Owner's Identification Card is valid. Approvals issued by the 
Illinois State Police Department for the purchase of a firearm 
pursuant to this subsection are valid for 30 days from the date 
of issue.
 (a-15) The provisions of subsection (a-10) of this Section 
do not apply to:
  (1) transfers that occur at the place of business of a 
 federally licensed firearm dealer, if the federally 
 licensed firearm dealer conducts a background check on the 
 prospective recipient of the firearm in accordance with 
 Section 3.1 of this Act and follows all other applicable 
 federal, State, and local laws as if he or she were the 
 seller or transferor of the firearm, although the dealer 
 is not required to accept the firearm into his or her 
 inventory. The purchaser or transferee may be required by 
 the federally licensed firearm dealer to pay a fee not to 
 exceed $10 per firearm, which the dealer may retain as 
 compensation for performing the functions required under 
 this paragraph, plus the applicable fees authorized by 
 Section 3.1;
  (2) transfers as a bona fide gift to the transferor's 
 husband, wife, son, daughter, stepson, stepdaughter, 
 father, mother, stepfather, stepmother, brother, sister, 
 nephew, niece, uncle, aunt, grandfather, grandmother, 
 grandson, granddaughter, father-in-law, mother-in-law, 
 son-in-law, or daughter-in-law;
  (3) transfers by persons acting pursuant to operation 
 of law or a court order;
  (4) transfers on the grounds of a gun show under 
 subsection (a-5) of this Section;
  (5) the delivery of a firearm by its owner to a 
 gunsmith for service or repair, the return of the firearm 
 to its owner by the gunsmith, or the delivery of a firearm 
 by a gunsmith to a federally licensed firearms dealer for 
 service or repair and the return of the firearm to the 
 gunsmith;
  (6) temporary transfers that occur while in the home 
 of the unlicensed transferee, if the unlicensed transferee 
 is not otherwise prohibited from possessing firearms and 
 the unlicensed transferee reasonably believes that 
 possession of the firearm is necessary to prevent imminent 
 death or great bodily harm to the unlicensed transferee;
  (7) transfers to a law enforcement or corrections 
 agency or a law enforcement or corrections officer acting 
 within the course and scope of his or her official duties;
  (8) transfers of firearms that have been rendered 
 permanently inoperable to a nonprofit historical society, 
 museum, or institutional collection; and
  (9) transfers to a person who is exempt from the 
 requirement of possessing a Firearm Owner's Identification 
 Card under Section 2 of this Act.
 (a-20) The Illinois State Police shall develop an 
Internet-based system for individuals to determine the 
validity of a Firearm Owner's Identification Card prior to the 
sale or transfer of a firearm. The Illinois State Police 
Department shall have the Internet-based system completed and 
available for use by July 1, 2015. The Illinois State Police 
Department shall adopt rules not inconsistent with this 
Section to implement this system.
 (b) Any person within this State who transfers or causes 
to be
transferred any firearm, stun gun, or taser shall keep a 
record of such transfer for a period
of 10 years from the date 
of transfer. Such record shall contain the date
of the 
transfer; the description, serial number or other information

identifying the firearm, stun gun, or taser if no serial 
number is available; and, if the
transfer was completed within 
this State, the transferee's Firearm Owner's
Identification 
Card number and any approval number or documentation provided 
by the Illinois State Police pursuant to subsection (a-10) of 
this Section; if the transfer was not completed within this 
State, the record shall contain the name and address of the 
transferee. On or after January 1, 2006, the record shall 
contain the date of application for transfer of the firearm. 
On demand of a peace officer such transferor
shall produce for 
inspection such record of transfer. If the transfer or sale 
took place at a gun show, the record shall include the unique 
identification number. Failure to record the unique 
identification number or approval number is a petty offense.

For transfers of a firearm, stun gun, or taser made on or after 
January 18, 2019 (the effective date of Public Act 100-1178) 
this amendatory Act of the 100th General Assembly, failure by 
the private seller to maintain the transfer records in 
accordance with this Section is a Class A misdemeanor for the 
first offense and a Class 4 felony for a second or subsequent 
offense. A transferee shall not be criminally liable under 
this Section provided that he or she provides the Illinois 
State Police with the transfer records in accordance with 
procedures established by the Illinois State Police 
Department. The Illinois State Police Department shall 
establish, by rule, a standard form on its website. 
 (b-5) Any resident may purchase ammunition from a person 
within or outside of Illinois if shipment is by United States 
mail or by a private express carrier authorized by federal law 
to ship ammunition. Any resident purchasing ammunition within 
or outside the State of Illinois must provide the seller with a 
copy of his or her valid Firearm Owner's Identification Card 
or valid concealed carry license and either his or her 
Illinois driver's license or Illinois State Identification 
Card prior to the shipment of the ammunition. The ammunition 
may be shipped only to an address on either of those 2 
documents.
 (c) The provisions of this Section regarding the transfer 
of firearm
ammunition shall not apply to those persons 
specified in paragraph (b) of
Section 2 of this Act.
(Source: P.A. 102-538, eff. 8-20-21; revised 10-13-21.)

 (Text of Section after amendment by P.A. 102-237)
 Sec. 3. (a) Except as provided in Section 3a, no person may 
knowingly
transfer, or cause to be transferred, any firearm, 
firearm ammunition, stun gun, or taser to any person within 
this State unless the
transferee with whom he deals displays 
either: (1) a currently valid Firearm Owner's
Identification 
Card which has previously been issued in his or her name by the

Illinois State Police under the provisions of this Act; or (2) 
a currently valid license to carry a concealed firearm which 
has previously been issued in his or her name by the
Illinois 
State Police under the Firearm Concealed Carry Act. In 
addition,
all firearm, stun gun, and taser transfers by 
federally licensed firearm dealers are subject
to Section 3.1.
 (a-5) Any person who is not a federally licensed firearm 
dealer and who desires to transfer or sell a firearm while that 
person is on the grounds of a gun show must, before selling or 
transferring the firearm, request the Illinois State Police to 
conduct a background check on the prospective recipient of the 
firearm in accordance with Section 3.1.

 (a-10) Notwithstanding item (2) of subsection (a) of this 
Section, any person who is not a federally licensed firearm 
dealer and who desires to transfer or sell a firearm or 
firearms to any person who is not a federally licensed firearm 
dealer shall, before selling or transferring the firearms, 
contact a federal firearm license dealer under paragraph (1) 
of subsection (a-15) of this Section to conduct the transfer 
or the Illinois State Police with the transferee's or 
purchaser's Firearm Owner's Identification Card number to 
determine the validity of the transferee's or purchaser's 
Firearm Owner's Identification Card under State and federal 
law, including the National Instant Criminal Background Check 
System. This subsection shall not be effective until January 
1, 2024. Until that date the transferor shall contact the 
Illinois State Police with the transferee's or purchaser's 
Firearm Owner's Identification Card number to determine the 
validity of the card. The Illinois State Police may adopt 
rules concerning the implementation of this subsection. The 
Illinois State Police shall provide the seller or transferor 
an approval number if the purchaser's Firearm Owner's 
Identification Card is valid. Approvals issued by the Illinois 
State Police Department for the purchase of a firearm pursuant 
to this subsection are valid for 30 days from the date of 
issue.
 (a-15) The provisions of subsection (a-10) of this Section 
do not apply to:
  (1) transfers that occur at the place of business of a 
 federally licensed firearm dealer, if the federally 
 licensed firearm dealer conducts a background check on the 
 prospective recipient of the firearm in accordance with 
 Section 3.1 of this Act and follows all other applicable 
 federal, State, and local laws as if he or she were the 
 seller or transferor of the firearm, although the dealer 
 is not required to accept the firearm into his or her 
 inventory. The purchaser or transferee may be required by 
 the federally licensed firearm dealer to pay a fee not to 
 exceed $25 per firearm, which the dealer may retain as 
 compensation for performing the functions required under 
 this paragraph, plus the applicable fees authorized by 
 Section 3.1;
  (2) transfers as a bona fide gift to the transferor's 
 husband, wife, son, daughter, stepson, stepdaughter, 
 father, mother, stepfather, stepmother, brother, sister, 
 nephew, niece, uncle, aunt, grandfather, grandmother, 
 grandson, granddaughter, father-in-law, mother-in-law, 
 son-in-law, or daughter-in-law;
  (3) transfers by persons acting pursuant to operation 
 of law or a court order;
  (4) transfers on the grounds of a gun show under 
 subsection (a-5) of this Section;
  (5) the delivery of a firearm by its owner to a 
 gunsmith for service or repair, the return of the firearm 
 to its owner by the gunsmith, or the delivery of a firearm 
 by a gunsmith to a federally licensed firearms dealer for 
 service or repair and the return of the firearm to the 
 gunsmith;
  (6) temporary transfers that occur while in the home 
 of the unlicensed transferee, if the unlicensed transferee 
 is not otherwise prohibited from possessing firearms and 
 the unlicensed transferee reasonably believes that 
 possession of the firearm is necessary to prevent imminent 
 death or great bodily harm to the unlicensed transferee;
  (7) transfers to a law enforcement or corrections 
 agency or a law enforcement or corrections officer acting 
 within the course and scope of his or her official duties;
  (8) transfers of firearms that have been rendered 
 permanently inoperable to a nonprofit historical society, 
 museum, or institutional collection; and
  (9) transfers to a person who is exempt from the 
 requirement of possessing a Firearm Owner's Identification 
 Card under Section 2 of this Act.
 (a-20) The Illinois State Police shall develop an 
Internet-based system for individuals to determine the 
validity of a Firearm Owner's Identification Card prior to the 
sale or transfer of a firearm. The Illinois State Police 
Department shall have the Internet-based system updated and 
available for use by January 1, 2024. The Illinois State 
Police shall adopt rules not inconsistent with this Section to 
implement this system; but no rule shall allow the Illinois 
State Police to retain records in contravention of State and 
federal law.
 (a-25) On or before January 1, 2022, the Illinois State 
Police shall develop an Internet-based system upon which the 
serial numbers of firearms that have been reported stolen are 
available for public access for individuals to ensure any 
firearms are not reported stolen prior to the sale or transfer 
of a firearm under this Section. The Illinois State Police 
shall have the Internet-based system completed and available 
for use by July 1, 2022. The Illinois State Police Department 
shall adopt rules not inconsistent with this Section to 
implement this system. 
 (b) Any person within this State who transfers or causes 
to be
transferred any firearm, stun gun, or taser shall keep a 
record of such transfer for a period
of 10 years from the date 
of transfer. Any person within this State who receives any 
firearm, stun gun, or taser pursuant to subsection (a-10) 
shall provide a record of the transfer within 10 days of the 
transfer to a federally licensed firearm dealer and shall not 
be required to maintain a transfer record. The federally 
licensed firearm dealer shall maintain the transfer record for 
20 years from the date of receipt. A federally licensed 
firearm dealer may charge a fee not to exceed $25 to retain the 
record. The record shall be provided and maintained in either 
an electronic or paper format. The federally licensed firearm 
dealer shall not be liable for the accuracy of any information 
in the transfer record submitted pursuant to this Section. 
Such records shall contain the date
of the transfer; the 
description, serial number or other information
identifying 
the firearm, stun gun, or taser if no serial number is 
available; and, if the
transfer was completed within this 
State, the transferee's Firearm Owner's
Identification Card 
number and any approval number or documentation provided by 
the Illinois State Police pursuant to subsection (a-10) of 
this Section; if the transfer was not completed within this 
State, the record shall contain the name and address of the 
transferee. On or after January 1, 2006, the record shall 
contain the date of application for transfer of the firearm. 
On demand of a peace officer such transferor shall produce for 
inspection such record of transfer. For any transfer pursuant 
to subsection (a-10) of this Section, on the demand of a peace 
officer, such transferee shall identify the federally licensed 
firearm dealer maintaining the transfer record. If the 
transfer or sale took place at a gun show, the record shall 
include the unique identification number. Failure to record 
the unique identification number or approval number is a petty 
offense.
For transfers of a firearm, stun gun, or taser made on 
or after January 18, 2019 (the effective date of Public Act 
100-1178) this amendatory Act of the 100th General Assembly, 
failure by the private seller to maintain the transfer records 
in accordance with this Section, or failure by a transferee 
pursuant to subsection a-10 of this Section to identify the 
federally licensed firearm dealer maintaining the transfer 
record, is a Class A misdemeanor for the first offense and a 
Class 4 felony for a second or subsequent offense occurring 
within 10 years of the first offense and the second offense was 
committed after conviction of the first offense. Whenever any 
person who has not previously been convicted of any violation 
of subsection (a-5), the court may grant supervision pursuant 
to and consistent with the limitations of Section 5-6-1 of the 
Unified Code of Corrections. A transferee or transferor shall 
not be criminally liable under this Section provided that he 
or she provides the Illinois State Police with the transfer 
records in accordance with procedures established by the 
Illinois State Police Department. The Illinois State Police 
Department shall establish, by rule, a standard form on its 
website. 
 (b-5) Any resident may purchase ammunition from a person 
within or outside of Illinois if shipment is by United States 
mail or by a private express carrier authorized by federal law 
to ship ammunition. Any resident purchasing ammunition within 
or outside the State of Illinois must provide the seller with a 
copy of his or her valid Firearm Owner's Identification Card 
or valid concealed carry license and either his or her 
Illinois driver's license or Illinois State Identification 
Card prior to the shipment of the ammunition. The ammunition 
may be shipped only to an address on either of those 2 
documents.
 (c) The provisions of this Section regarding the transfer 
of firearm
ammunition shall not apply to those persons 
specified in paragraph (b) of
Section 2 of this Act.
(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; 
revised 10-13-21.)



 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)



 Sec. 3.1. Firearm Transfer Inquiry Program. 
 (a) The Illinois State Police shall provide
a dial up 
telephone system or utilize other existing technology which 
shall be used by any federally licensed
firearm dealer, gun 
show promoter, or gun show vendor who is to transfer a firearm, 
stun gun, or taser under the provisions of this
Act. The 
Illinois State Police may utilize existing technology which

allows the caller to be charged a fee not to exceed $2. Fees 
collected by the Illinois State Police shall be deposited in 
the State Police Firearm Services Fund and used
to provide the 
service.


 (b) Upon receiving a request from a federally licensed 
firearm dealer, gun show promoter, or gun show vendor, the

Illinois State Police shall immediately approve, or, within 
the time
period established by Section 24-3 of the Criminal 
Code of 2012 regarding
the delivery of firearms, stun guns, 
and tasers, notify the inquiring dealer, gun show promoter, or 
gun show vendor of any objection that
would disqualify the 
transferee from acquiring or possessing a firearm, stun gun, 
or taser. In
conducting the inquiry, the Illinois State Police 
shall initiate and
complete an automated search of its 
criminal history record information
files and those of the 
Federal Bureau of Investigation, including the
National 
Instant Criminal Background Check System, and of the files of

the Department of Human Services relating to mental health and

developmental disabilities to obtain
any felony conviction or 
patient hospitalization information which would
disqualify a 
person from obtaining or require revocation of a currently

valid Firearm Owner's Identification Card.
 (b-5) By January 1, 2023, the Illinois State Police shall 
by rule provide a process for the automatic renewal of the 
Firearm Owner's Identification Card of a person at the time of 
an inquiry in subsection (b). Persons eligible for this 
process must have a set of fingerprints on file with their 
applications application under either subsection (a-25) of 
Section 4 or the Firearm Concealed Carry Act. 
 (c) If receipt of a firearm would not violate Section 24-3 
of the Criminal Code of 2012, federal law, or this Act, the 
Illinois State Police shall:
  (1) assign a unique identification number to the 
 transfer; and
  (2) provide the licensee, gun show promoter, or gun 
 show vendor with the number.
 (d) Approvals issued by the Illinois State Police for the 
purchase of a firearm are valid for 30 days from the date of 
issue.


 (e) (1) The Illinois State Police must act as the Illinois 
Point of Contact
for the National Instant Criminal Background 
Check System.
 (2) The Illinois State Police and the Department of Human 
Services shall, in accordance with State and federal law 
regarding confidentiality, enter into a memorandum of 
understanding with the Federal Bureau of Investigation for the 
purpose of implementing the National Instant Criminal 
Background Check System in the State. The Illinois State 
Police shall report the name, date of birth, and physical 
description of any person prohibited from possessing a firearm 
pursuant to the Firearm Owners Identification Card Act or 18 
U.S.C. 922(g) and (n) to the National Instant Criminal 
Background Check System Index, Denied Persons Files.


 (3) The Illinois State Police shall provide notice of the 
disqualification of a person under subsection (b) of this 
Section or the revocation of a person's Firearm Owner's 
Identification Card under Section 8 or Section 8.2 of this 
Act, and the reason for the disqualification or revocation, to 
all law enforcement agencies with jurisdiction to assist with 
the seizure of the person's Firearm Owner's Identification 
Card. 
 (f) The Illinois State Police shall adopt rules not 
inconsistent with this Section to implement this
system.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-13-21.)



 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


 Sec. 4. Application for Firearm Owner's Identification 
Cards. 
 (a) Each applicant for a Firearm Owner's Identification 
Card must: 

  (1) Submit an application as made available by the 
 Illinois State Police; and

  (2) Submit evidence to the Illinois State Police that:

   (i) This subparagraph (i) applies through the 
 180th day following July 12, 2019 (the effective date 
 of Public Act 101-80) this amendatory Act of the 101st 
 General Assembly. He or she is 21 years of age or over, 
 or if he or she is under 21
years of age that he or she 
 has the written consent of his or her parent or
legal 
 guardian to possess and acquire firearms and firearm 
 ammunition and that
he or she has never been convicted 
 of a misdemeanor other than a traffic
offense or 
 adjudged
delinquent, provided, however, that such 
 parent or legal guardian is not an
individual 
 prohibited from having a Firearm Owner's 
 Identification Card and
files an affidavit with the 
 Department as prescribed by the Department
stating 
 that he or she is not an individual prohibited from 
 having a Card;
   (i-5) This subparagraph (i-5) applies on and after 
 the 181st day following July 12, 2019 (the effective 
 date of Public Act 101-80) this amendatory Act of the 
 101st General Assembly. He or she is 21 years of age or 
 over, or if he or she is under 21
years of age that he 
 or she has never been convicted of a misdemeanor other 
 than a traffic offense or adjudged delinquent and is 
 an active duty member of the United States Armed 
 Forces or has the written consent of his or her parent 
 or
legal guardian to possess and acquire firearms and 
 firearm ammunition, provided, however, that such 
 parent or legal guardian is not an
individual 
 prohibited from having a Firearm Owner's 
 Identification Card and
files an affidavit with the 
 Illinois State Police Department as prescribed by the 
 Illinois State Police Department
stating that he or 
 she is not an individual prohibited from having a Card 
 or the active duty member of the United States Armed 
 Forces under 21 years of age annually submits proof to 
 the Illinois State Police, in a manner prescribed by 
 the Illinois State Police Department; 

   (ii) He or she has not been convicted of a felony 
 under the laws of
this or any other jurisdiction;

   (iii) He or she is not addicted to narcotics;

   (iv) He or she has not been a patient in a mental 
 health facility within
the past 5 years or, if he or 
 she has been a patient in a mental health facility more 
 than 5 years ago submit the certification required 
 under subsection (u) of Section 8 of this Act;

   (v) He or she is not a person with an intellectual 
 disability;

   (vi) He or she is not an alien who is unlawfully 
 present in the
United States under the laws of the 
 United States;

   (vii) He or she is not subject to an existing order 
 of protection
prohibiting him or her from possessing a 
 firearm;

   (viii) He or she has not been convicted within the 
 past 5 years of
battery, assault, aggravated assault, 
 violation of an order of
protection, or a 
 substantially similar offense in another jurisdiction, 
 in
which a firearm was used or possessed;

   (ix) He or she has not been convicted of domestic 
 battery, aggravated domestic battery, or a

 substantially similar offense in another
jurisdiction 
 committed before, on or after January 1, 2012 (the 
 effective date of Public Act 97-158). If the applicant 
 knowingly and intelligently waives the right to have 
 an offense described in this clause (ix) tried by a 
 jury, and by guilty plea or otherwise, results in a 
 conviction for an offense in which a domestic 
 relationship is not a required element of the offense 
 but in which a determination of the applicability of 
 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of 
 the Code of Criminal Procedure of 1963, an entry by the 
 court of a judgment of conviction for that offense 
 shall be grounds for denying the issuance of a Firearm 
 Owner's Identification Card under this Section;

   (x) (Blank);

   (xi) He or she is not an alien who has been 
 admitted to the United
States under a non-immigrant 
 visa (as that term is defined in Section
101(a)(26) of 
 the Immigration and Nationality Act (8 U.S.C. 
 1101(a)(26))),
or that he or she is an alien who has 
 been lawfully admitted to the United
States under a 
 non-immigrant visa if that alien is:

    (1) admitted to the United States for lawful 
 hunting or sporting
purposes;

    (2) an official representative of a foreign 
 government who is:

     (A) accredited to the United States 
 Government or the Government's
mission to an 
 international organization having its 
 headquarters in the United
States; or

     (B) en route to or from another country to 
 which that alien is
accredited;

    (3) an official of a foreign government or 
 distinguished foreign
visitor who has been so 
 designated by the Department of State;

    (4) a foreign law enforcement officer of a 
 friendly foreign
government entering the United 
 States on official business; or

    (5) one who has received a waiver from the 
 Attorney General of the
United States pursuant to 
 18 U.S.C. 922(y)(3);

   (xii) He or she is not a minor subject to a 
 petition filed
under Section 5-520 of the Juvenile 
 Court Act of 1987 alleging that the
minor is a 
 delinquent minor for the commission of an offense that 
 if
committed by an adult would be a felony;

   (xiii) He or she is not an adult who had been 
 adjudicated a delinquent
minor under the Juvenile 
 Court Act of 1987 for the commission of an offense
that 
 if committed by an adult would be a felony;

   (xiv) He or she is a resident of the State of 
 Illinois; 
   (xv) He or she has not been adjudicated as a person 
 with a mental disability; 
   (xvi) He or she has not been involuntarily 
 admitted into a mental health facility; and 
   (xvii) He or she is not a person with a 
 developmental disability; and 
  (3) Upon request by the Illinois State Police, sign a 
 release on a
form prescribed by the Illinois State Police 
 waiving any right to
confidentiality and requesting the 
 disclosure to the Illinois State Police
of limited mental 
 health institution admission information from another 
 state,
the District of Columbia, any other territory of 
 the United States, or a
foreign nation concerning the 
 applicant for the sole purpose of determining
whether the 
 applicant is or was a patient in a mental health 
 institution and
disqualified because of that status from 
 receiving a Firearm Owner's
Identification Card. No mental 
 health care or treatment records may be
requested. The 
 information received shall be destroyed within one year of

 receipt.

 (a-5) Each applicant for a Firearm Owner's Identification 
Card who is over
the age of 18 shall furnish to the Illinois 
State Police either his or
her Illinois driver's license 
number or Illinois Identification Card number, except as

provided in subsection (a-10).

 (a-10) Each applicant for a Firearm Owner's Identification 
Card,
who is employed as a law enforcement officer, an armed 
security officer in Illinois, or by the United States Military

permanently assigned in Illinois and who is not an Illinois 
resident, shall furnish to
the Illinois State Police his or 
her driver's license number or state
identification card 
number from his or her state of residence. The Illinois State 
Police may adopt rules to enforce the provisions of this

subsection (a-10).

 (a-15) If an applicant applying for a Firearm Owner's 
Identification Card moves from the residence address named in 
the application, he or she shall immediately notify in a form 
and manner prescribed by the Illinois State Police of that 
change of address.
 (a-20) Each applicant for a Firearm Owner's Identification 
Card shall furnish to the Illinois State Police his or her 
photograph. An applicant who is 21 years of age or older 
seeking a religious exemption to the photograph requirement 
must furnish with the application an approved copy of United 
States Department of the Treasury Internal Revenue Service 
Form 4029. In lieu of a photograph, an applicant regardless of 
age seeking a religious exemption to the photograph 
requirement shall submit fingerprints on a form and manner 
prescribed by the Illinois State Police Department with his or 
her application. 
 (a-25) Beginning January 1, 2023, each applicant for the 
issuance of a Firearm Owner's Identification Card may include 
a full set of his or her fingerprints in electronic format to 
the Illinois State Police, unless the applicant has previously 
provided a full set of his or her fingerprints to the Illinois 
State Police under this Act or the Firearm Concealed Carry 
Act.
 The fingerprints must be transmitted through a live scan 
fingerprint vendor licensed by the Department of Financial and 
Professional Regulation. The fingerprints shall be checked 
against the fingerprint records now and hereafter filed in the 
Illinois State Police and Federal Bureau of Investigation 
criminal history records databases, including all available 
State and local criminal history record information files.
 The Illinois State Police shall charge applicants a 
one-time fee for conducting the criminal history record check, 
which shall be deposited into the State Police Services Fund 
and shall not exceed the actual cost of the State and national 
criminal history record check.
 (a-26) The Illinois State Police shall research, explore, 
and report to the General Assembly by January 1, 2022 on the 
feasibility of permitting voluntarily submitted fingerprints 
obtained for purposes other than Firearm Owner's 
Identification Card enforcement that are contained in the 
Illinois State Police database for purposes of this Act. 
 (b) Each application form shall include the following 
statement printed in
bold type: "Warning: Entering false 
information on an application for a Firearm
Owner's 
Identification Card is punishable as a Class 2 felony in 
accordance
with subsection (d-5) of Section 14 of the Firearm 
Owners Identification Card
Act.".

 (c) Upon such written consent, pursuant to Section 4, 
paragraph (a)(2)(i),
the parent or legal guardian giving the 
consent shall be liable for any
damages resulting from the 
applicant's use of firearms or firearm ammunition.

(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 10-12-21.)




 (430 ILCS 65/5) (from Ch. 38, par. 83-5)

 Sec. 5. Application and renewal. 
 (a) The Illinois State Police shall either approve or
deny 
all applications within 30 days from the date they are 
received,
except as provided in subsections (b) and (c), and 
every applicant found qualified under Section 8 of this Act by

the Illinois State Police Department shall be entitled to a 
Firearm Owner's Identification
Card upon the payment of a $10 
fee and applicable processing fees. The processing fees shall 
be limited to charges by the State Treasurer for using the 
electronic online payment system. Any applicant who is an 
active duty member of the Armed Forces of the United States, a 
member of the Illinois National Guard, or a member of the 
Reserve Forces of the United States is exempt from the 
application fee. $5 of each fee derived from the issuance of a 
Firearm Owner's Identification Card or renewals, thereof, 
shall be deposited in the State Police Firearm Services Fund 
and $5 into the State Police Revocation Enforcement Fund.
 (b) Renewal applications shall be approved or denied 
within 60 business days, provided the applicant submitted his 
or her renewal application prior to the expiration of his or 
her Firearm Owner's Identification Card. If a renewal 
application has been submitted prior to the expiration date of 
the applicant's Firearm Owner's Identification Card, the 
Firearm Owner's Identification Card shall remain valid while 
the Illinois State Police Department processes the 
application, unless the person is subject to or becomes 
subject to revocation under this Act. The cost for a renewal 
application shall be $10, and may include applicable 
processing fees, which shall be limited to charges by the 
State Treasurer for using the electronic online payment 
system, which shall be deposited into the State Police Firearm 
Services Fund.
 (c) If the Firearm Owner's Identification Card of a 
licensee under the Firearm Concealed Carry Act expires during 
the term of the licensee's concealed carry license, the 
Firearm Owner's Identification Card and the license remain 
valid and the licensee does not have to renew his or her 
Firearm Owner's Identification Card during the duration of the 
concealed carry license. Unless the Illinois State Police has 
reason to believe the licensee is no longer eligible for the 
card, the Illinois State Police may automatically renew the 
licensee's Firearm Owner's Identification Card and send a 
renewed Firearm Owner's Identification Card to the licensee.
 (d) The Illinois State Police may adopt rules concerning 
the use of voluntarily submitted fingerprints, as allowed by 
State and federal law. 

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-13-21.)





 (430 ILCS 65/6) (from Ch. 38, par. 83-6)



 Sec. 6. Contents of Firearm Owner's Identification Card. 

 (a) A Firearm Owner's Identification Card, issued by the 
Illinois State Police at such places as the Director of the 
Illinois State Police
shall
specify, shall contain the 
applicant's name, residence, date of birth, sex,
physical 
description, recent photograph, except as provided in 
subsection (c-5), and signature. Each Firearm Owner's

Identification Card must have the Firearm Owner's 
Identification Card number boldly and conspicuously
displayed 
on the face of the card. Each Firearm Owner's
Identification 
Card must have printed on it the following: "CAUTION - This

card does not permit bearer to UNLAWFULLY carry or use 
firearms."
Before December 1, 2002,
the Department of State 
Police may use a person's digital photograph and signature 
from his or
her
Illinois driver's license or Illinois 
Identification Card, if available. On
and after December 1, 
2002,
the Illinois State Police (formerly the Department of 
State Police) Department shall use a person's digital 
photograph and signature from his
or her
Illinois driver's 
license or Illinois Identification Card, if available. The 
Illinois State Police
Department shall decline to use a 
person's digital photograph or signature if
the digital 
photograph or signature is the result of or associated with

fraudulent or erroneous data, unless otherwise provided by 
law.

 (b) A person applying for a Firearm Owner's Identification 
Card shall
consent
to the Illinois State Police using the 
applicant's digital driver's
license
or Illinois 
Identification Card photograph, if available, and signature on 
the
applicant's
Firearm Owner's Identification Card. The 
Secretary
of State shall allow the Illinois State Police 
access to the photograph
and signature for the purpose of 
identifying the applicant and issuing to the
applicant a

Firearm Owner's Identification Card.

 (c) The Secretary of State shall conduct a study to 
determine the cost
and
feasibility of creating a method of 
adding an identifiable code, background, or
other means on the 
driver's license or Illinois Identification Card to show
that

an individual is not disqualified from owning or possessing a 
firearm under
State or federal law. The Secretary shall report 
the findings of this study August 17, 2002 (12 months after the 
effective date of Public Act 92-442) this amendatory Act of 
the 92nd General
Assembly.

 (c-5) If a person qualifies for a photograph exemption, in 
lieu of a photograph, the Firearm Owner's Identification Card 
shall contain a copy of the card holder's fingerprints. Each 
Firearm Owner's Identification Card described in this 
subsection (c-5) must have printed on it the following: "This 
card is only valid for firearm purchases through a federally 
licensed firearms dealer when presented with photographic 
identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." 
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-14-21.)




 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

 Sec. 8. Grounds for denial and revocation. The Illinois 
State Police has authority to deny an
application for or to 
revoke and seize a Firearm Owner's Identification
Card 
previously issued under this Act only if the Illinois State 
Police Department finds that the
applicant or the person to 
whom such card was issued is or was at the time
of issuance:

  (a) A person under 21 years of age who has been 
 convicted of a
misdemeanor other than a traffic offense or 
 adjudged delinquent;

  (b) This subsection (b) applies through the 180th day 
 following July 12, 2019 (the effective date of Public Act 
 101-80) this amendatory Act of the 101st General Assembly. 
 A person under 21 years of age who does not have the 
 written consent
of his parent or guardian to acquire and 
 possess firearms and firearm
ammunition, or whose parent 
 or guardian has revoked such written consent,
or where 
 such parent or guardian does not qualify to have a Firearm 
 Owner's
Identification Card;
  (b-5) This subsection (b-5) applies on and after the 
 181st day following July 12, 2019 (the effective date of 
 Public Act 101-80) this amendatory Act of the 101st 
 General Assembly. A person under 21 years of age who is not 
 an active duty member of the United States Armed Forces 
 and does not have the written consent
of his or her parent 
 or guardian to acquire and possess firearms and firearm

 ammunition, or whose parent or guardian has revoked such 
 written consent,
or where such parent or guardian does not 
 qualify to have a Firearm Owner's
Identification Card; 

  (c) A person convicted of a felony under the laws of 
 this or any other
jurisdiction;

  (d) A person addicted to narcotics;

  (e) A person who has been a patient of a mental health 
 facility within the
past 5 years or a person who has been a 
 patient in a mental health facility more than 5 years ago 
 who has not received the certification required under 
 subsection (u) of this Section. An active law enforcement 
 officer employed by a unit of government or a Department 
 of Corrections employee authorized to possess firearms who 
 is denied, revoked, or has his or her Firearm Owner's 
 Identification Card seized under this subsection (e) may 
 obtain relief as described in subsection (c-5) of Section 
 10 of this Act if the officer or employee did not act in a 
 manner threatening to the officer or employee, another 
 person, or the public as determined by the treating 
 clinical psychologist or physician, and the officer or 
 employee seeks mental health treatment;

  (f) A person whose mental condition is of such a 
 nature that it poses
a clear and present danger to the 
 applicant, any other person or persons, or
the community;

  (g) A person who has an intellectual disability;

  (h) A person who intentionally makes a false statement 
 in the Firearm
Owner's Identification Card application;

  (i) An alien who is unlawfully present in
the United 
 States under the laws of the United States;

  (i-5) An alien who has been admitted to the United 
 States under a
non-immigrant visa (as that term is defined 
 in Section 101(a)(26) of the
Immigration and Nationality 
 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
 (i-5) does not apply to any alien who has been lawfully 
 admitted to
the United States under a non-immigrant visa 
 if that alien is:

   (1) admitted to the United States for lawful 
 hunting or sporting purposes;

   (2) an official representative of a foreign 
 government who is:

    (A) accredited to the United States Government 
 or the Government's
mission to an international 
 organization having its headquarters in the United

 States; or

    (B) en route to or from another country to 
 which that alien is
accredited;

   (3) an official of a foreign government or 
 distinguished foreign visitor
who has been so 
 designated by the Department of State;

   (4) a foreign law enforcement officer of a 
 friendly foreign government
entering the United States 
 on official business; or

   (5) one who has received a waiver from the 
 Attorney General of the United
States pursuant to 18 
 U.S.C. 922(y)(3);

  (j) (Blank);

  (k) A person who has been convicted within the past 5 
 years of battery,
assault, aggravated assault, violation 
 of an order of protection, or a
substantially similar 
 offense in another jurisdiction, in which a firearm was

 used or possessed;

  (l) A person who has been convicted of domestic 
 battery, aggravated domestic battery, or a substantially

 similar offense in another jurisdiction committed before, 
 on or after January 1, 2012 (the effective date of Public 
 Act 97-158). If the applicant or person who has been 
 previously issued a Firearm Owner's Identification Card 
 under this Act knowingly and intelligently waives the 
 right to have an offense described in this paragraph (l) 
 tried by a jury, and by guilty plea or otherwise, results 
 in a conviction for an offense in which a domestic 
 relationship is not a required element of the offense but 
 in which a determination of the applicability of 18 U.S.C. 
 922(g)(9) is made under Section 112A-11.1 of the Code of 
 Criminal Procedure of 1963, an entry by the court of a 
 judgment of conviction for that offense shall be grounds 
 for denying an application for and for revoking and 
 seizing a Firearm Owner's Identification Card previously 
 issued to the person under this Act;

  (m) (Blank);

  (n) A person who is prohibited from acquiring or 
 possessing
firearms or firearm ammunition by any Illinois 
 State statute or by federal
law;

  (o) A minor subject to a petition filed under Section 
 5-520 of the
Juvenile Court Act of 1987 alleging that the 
 minor is a delinquent minor for
the commission of an 
 offense that if committed by an adult would be a felony;


  (p) An adult who had been adjudicated a delinquent 
 minor under the Juvenile
Court Act of 1987 for the 
 commission of an offense that if committed by an
adult 
 would be a felony;

  (q) A person who is not a resident of the State of 
 Illinois, except as provided in subsection (a-10) of 
 Section 4; 
  (r) A person who has been adjudicated as a person with 
 a mental disability; 
  (s) A person who has been found to have a 
 developmental disability; 
  (t) A person involuntarily admitted into a mental 
 health facility; or 
  (u) A person who has had his or her Firearm Owner's 
 Identification Card revoked or denied under subsection (e) 
 of this Section or item (iv) of paragraph (2) of 
 subsection (a) of Section 4 of this Act because he or she 
 was a patient in a mental health facility as provided in 
 subsection (e) of this Section, shall not be permitted to 
 obtain a Firearm Owner's Identification Card, after the 
 5-year period has lapsed, unless he or she has received a 
 mental health evaluation by a physician, clinical 
 psychologist, or qualified examiner as those terms are 
 defined in the Mental Health and Developmental 
 Disabilities Code, and has received a certification that 
 he or she is not a clear and present danger to himself, 
 herself, or others. The physician, clinical psychologist, 
 or qualified examiner making the certification and his or 
 her employer shall not be held criminally, civilly, or 
 professionally liable for making or not making the 
 certification required under this subsection, except for 
 willful or wanton misconduct. This subsection does not 
 apply to a person whose firearm possession rights have 
 been restored through administrative or judicial action 
 under Section 10 or 11 of this Act. 
 Upon revocation of a person's Firearm Owner's 
Identification Card, the Illinois State Police shall provide 
notice to the person and the person shall comply with Section 
9.5 of this Act. 
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
102-645, eff. 1-1-22; revised 10-14-21.)


 (430 ILCS 65/8.3)
 Sec. 8.3. Suspension of Firearm Owner's Identification 
Card. The Illinois State Police may suspend the Firearm 
Owner's Identification Card of a person whose Firearm Owner's 
Identification Card is subject to revocation and seizure under 
this Act for the duration of the disqualification if the 
disqualification is not a permanent grounds for revocation of 
a Firearm Owner's Identification Card under this Act. The 
Illinois State Police may adopt rules necessary to implement 
this Section. 

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-15-21.)

 (430 ILCS 65/9.5)
 Sec. 9.5. Revocation of Firearm Owner's Identification

Card.
 (a) A person who receives a revocation notice under 
Section 9 of this Act shall, within 48 hours of receiving 
notice of the revocation:
  (1) surrender his or her Firearm Owner's 
 Identification Card to the local law enforcement agency 
 where the person resides or to the Illinois State Police; 
 and
  (2) complete a Firearm Disposition Record on a form 
 prescribed by the Illinois State Police and place his or 
 her firearms in the location or with the person reported 
 in the Firearm Disposition Record. The form shall require 
 the person to disclose:
   (A) the make, model, and serial number of each 
 firearm owned by or under the custody and control of 
 the revoked person;
   (B) the location where each firearm will be 
 maintained during the prohibited term;
   (C) if any firearm will be transferred to the 
 custody of another person, the name, address and 
 Firearm Owner's Identification Card number of the 
 transferee; and
   (D) to whom his or her Firearm Owner's 
 Identification Card was surrendered.
  Once completed, the person shall retain a copy and 
 provide a copy of the Firearm Disposition Record to the 
 Illinois State Police. 
 (b) Upon confirming through the portal created under 
Section 2605-304 of the Illinois Department of State Police 
Law of the Civil Administrative Code of Illinois that the 
Firearm Owner's Identification Card has been revoked by the 
Illinois State Police, surrendered cards shall be destroyed by 
the law enforcement agency receiving the cards. If a card has 
not been revoked, the card shall be returned to the 
cardholder. Illinois
 (b-5) If a court orders the surrender of a Firearms 
Owner's Identification Card and accepts receipt of the Card, 
the court shall destroy the Card and direct the person whose 
Firearm Owner's Identification Card has been surrendered to 
comply with paragraph (2) of subsection (a).
 (b-10) If the person whose Firearm Owner's Identification 
Card has been revoked has either lost or destroyed the Card, 
the person must still comply with paragraph (2) of subsection 
(a).
 (b-15) A notation shall be made in the portal created 
under Section 2605-304 of the Illinois Department of State 
Police Law of the Civil Administrative Code of Illinois that 
the revoked Firearm Owner's Identification Card has been 
destroyed. 
 (c) If the person whose Firearm Owner's Identification 
Card has been revoked fails to comply with the requirements of 
this Section, the sheriff or law enforcement agency where the 
person resides may petition the circuit court to issue a 
warrant to search for and seize the Firearm Owner's 
Identification Card and firearms in the possession or under 
the custody or control of the person whose Firearm Owner's 
Identification Card has been revoked.
 (d) A violation of subsection (a) of this Section is a 
Class A misdemeanor.
 (e) The observation of a Firearm Owner's Identification 
Card in the possession of a person whose Firearm Owner's 
Identification Card has been revoked constitutes a sufficient 
basis for the arrest of that person for violation of this 
Section.
 (f) Within 30 days after July 9, 2013 (the effective date 
of Public Act 98-63) this amendatory Act of the 98th General 
Assembly, the Illinois State Police shall provide written 
notice of the requirements of this Section to persons whose 
Firearm Owner's Identification Cards have been revoked, 
suspended, or expired and who have failed to surrender their 
cards to the Illinois State Police Department.
 (g) A person whose Firearm Owner's Identification Card has 
been revoked and who received notice under subsection (f) 
shall comply with the requirements of this Section within 48 
hours of receiving notice. 

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-15-21.)



 (430 ILCS 65/10) (from Ch. 38, par. 83-10)



 Sec. 10. Appeals; hearing; relief from firearm 
prohibitions.  
 (a) Whenever an application for a Firearm Owner's 
Identification
Card is denied or whenever such a Card is 
revoked or seized
as provided for in Section 8 of this Act, the 
aggrieved party may
(1) file a record challenge with the 
Director regarding the record upon which the decision to deny 
or revoke the Firearm Owner's Identification Card was based 
under subsection (a-5); or (2) appeal
to the Director of the 
Illinois State Police through December 31, 2022, or beginning 
January 1, 2023, the Firearm Owner's Identification Card 
Review Board for a hearing seeking relief from
such denial or 
revocation unless the denial or revocation
was based upon a 
forcible felony, stalking, aggravated stalking, domestic

battery, any violation of the Illinois Controlled Substances 
Act, the Methamphetamine Control and Community Protection Act, 
or the
Cannabis Control Act that is classified as a Class 2 or 
greater felony,
any
felony violation of Article 24 of the 
Criminal Code of 1961 or the Criminal Code of 2012, or any

adjudication as a delinquent minor for the commission of an

offense that if committed by an adult would be a felony, in 
which case the
aggrieved party may petition the circuit court 
in writing in the county of
his or her residence for a hearing 
seeking relief from such denial or revocation.

 (a-5) There is created a Firearm Owner's Identification 
Card Review Board to consider any appeal under subsection (a) 
beginning January 1, 2023, other than an appeal directed to 
the circuit court and except when the applicant is challenging 
the record upon which the decision to deny or revoke was based 
as provided in subsection (a-10).
  (0.05) In furtherance of the policy of this Act that 
 the Board shall exercise its powers and duties in an 
 independent manner, subject to the provisions of this Act 
 but free from the direction, control, or influence of any 
 other agency or department of State government. All 
 expenses and liabilities incurred by the Board in the 
 performance of its responsibilities hereunder shall be 
 paid from funds which shall be appropriated to the Board 
 by the General Assembly for the ordinary and contingent 
 expenses of the Board. 
  (1) The Board shall consist of 7 members appointed by 
 the Governor, with the advice and consent of the Senate, 
 with 3 members residing within the First Judicial District 
 and one member residing within each of the 4 remaining 
 Judicial Districts. No more than 4 members shall be 
 members of the same political party. The Governor shall 
 designate one member as the chairperson. The Board shall 
 consist of: 
   (A) one member with at least 5 years of service as 
 a federal or State judge;
   (B) one member with at least 5 years of experience 
 serving as an attorney with the United States 
 Department of Justice, or as a State's Attorney or 
 Assistant State's Attorney;
   (C) one member with at least 5 years of experience 
 serving as a State or federal public defender or 
 assistant public defender;
   (D) three members with at least 5 years of 
 experience as a federal, State, or local law 
 enforcement agent or as an employee with investigative 
 experience or duties related to criminal justice under 
 the United States Department of Justice, Drug 
 Enforcement Administration, Department of Homeland 
 Security, Federal Bureau of Investigation, or a State 
 or local law enforcement agency; and
   (E) one member with at least 5 years of experience 
 as a licensed physician or clinical psychologist with 
 expertise in the diagnosis and treatment of mental 
 illness.
  (2) The terms of the members initially appointed after 
 January 1, 2022 (the effective date of Public Act 102-237) 
 this amendatory Act of the 102nd General Assembly shall be 
 as follows: one of
the initial members shall be appointed 
 for a term of one year, 3 shall be
appointed for terms of 2 
 years, and 3 shall be appointed for terms of 4 years. 
 Thereafter, members shall hold office for 4 years, with 
 terms expiring on the second Monday in January immediately 
 following the expiration of their terms and every 4 years 
 thereafter. Members may be reappointed. Vacancies in the 
 office of member shall be filled in the same manner as the 
 original appointment, for the remainder of the unexpired 
 term. The Governor may remove a member for incompetence, 
 neglect of duty, malfeasance, or inability to serve. 
 Members shall receive compensation in an amount equal to 
 the compensation of members of the Executive Ethics 
 Commission and may be reimbursed, from funds appropriated 
 for such a purpose, for reasonable expenses actually 
 incurred in the performance of their Board duties. The 
 Illinois State Police shall designate an employee to serve 
 as Executive Director of the Board and provide logistical 
 and administrative assistance to the Board. 
  (3) The Board shall meet at least quarterly each year 
 and at the call of the chairperson as often as necessary to 
 consider appeals of decisions made with respect to 
 applications for a Firearm Owner's Identification Card 
 under this Act. If necessary to ensure the participation 
 of a member, the Board shall allow a member to participate 
 in a Board meeting by electronic communication. Any member 
 participating electronically shall be deemed present for 
 purposes of establishing a quorum and voting.
  (4) The Board shall adopt rules for the review of 
 appeals and the conduct of hearings. The Board shall 
 maintain a record of its decisions and all materials 
 considered in making its decisions. All Board decisions 
 and voting records shall be kept confidential and all 
 materials considered by the Board shall be exempt from 
 inspection except upon order of a court.
  (5) In considering an appeal, the Board shall review 
 the materials received concerning the denial or revocation 
 by the Illinois State Police. By a vote of at least 4 
 members, the Board may request additional information from 
 the Illinois State Police or the applicant or the 
 testimony of the Illinois State Police or the applicant. 
 The Board may require that the applicant submit electronic 
 fingerprints to the Illinois State Police for an updated 
 background check if the Board determines it lacks 
 sufficient information to determine eligibility. The Board 
 may consider information submitted by the Illinois State 
 Police, a law enforcement agency, or the applicant. The 
 Board shall review each denial or revocation and determine 
 by a majority of members whether an applicant should be 
 granted relief under subsection (c).
  (6) The Board shall by order issue summary decisions. 
 The Board shall issue a decision within 45 days of 
 receiving all completed appeal documents from the Illinois 
 State Police and the applicant. However, the Board need 
 not issue a decision within 45 days if:
   (A) the Board requests information from the 
 applicant, including, but not limited to, electronic 
 fingerprints to be submitted to the Illinois State 
 Police, in accordance with paragraph (5) of this 
 subsection, in which case the Board shall make a 
 decision within 30 days of receipt of the required 
 information from the applicant;
   (B) the applicant agrees, in writing, to allow the 
 Board additional time to consider an appeal; or
   (C) the Board notifies the applicant and the 
 Illinois State Police that the Board needs an 
 additional 30 days to issue a decision. The Board may 
 only issue 2 extensions under this subparagraph (C). 
 The Board's notification to the applicant and the 
 Illinois State Police shall include an explanation for 
 the extension.
  (7) If the Board determines that the applicant is 
 eligible for relief under subsection (c), the Board shall 
 notify the applicant and the Illinois State Police that 
 relief has been granted and the Illinois State Police 
 shall issue the Card.
  (8) Meetings of the Board shall not be subject to the 
 Open Meetings Act and records of the Board shall not be 
 subject to the Freedom of Information Act.
  (9) The Board shall report monthly to the Governor and 
 the General Assembly on the number of appeals received and 
 provide details of the circumstances in which the Board 
 has determined to deny Firearm Owner's Identification 
 Cards under this subsection (a-5). The report shall not 
 contain any identifying information about the applicants. 
 (a-10) Whenever an applicant or cardholder is not seeking 
relief from a firearms prohibition under subsection (c) but 
rather does not believe the applicant is appropriately denied 
or revoked and is challenging the record upon which the 
decision to deny or revoke the Firearm Owner's Identification 
Card was based, or whenever the Illinois State Police fails to 
act on an application within 30 days of its receipt, the 
applicant shall file such challenge with the Director. The 
Director shall render a decision within 60 business days of 
receipt of all information supporting the challenge. The 
Illinois State Police shall adopt rules for the review of a 
record challenge. 
 (b) At least 30 days before any hearing in the circuit 
court, the
petitioner shall serve the
relevant State's 
Attorney with a copy of the petition. The State's Attorney
may 
object to the petition and present evidence. At the hearing, 
the court
shall
determine whether substantial justice has been 
done. Should the court
determine that substantial justice has 
not been done, the court shall issue an
order directing the 
Illinois State Police to issue a Card. However, the court 
shall not issue the order if the petitioner is otherwise 
prohibited from obtaining, possessing, or using a firearm 
under
federal law. 

 (c) Any person prohibited from possessing a firearm under 
Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or 
acquiring a Firearm Owner's
Identification Card under Section 
8 of this Act may apply to
the Firearm Owner's Identification 
Card Review Board the Illinois
or petition the circuit court 
in the county where the petitioner resides,
whichever is 
applicable in accordance with subsection (a) of this Section,

requesting relief
from such prohibition and the Board or court 
may grant such relief if it
is
established by the applicant to 
the court's or the Board's satisfaction
that:

  (0.05) when in the circuit court, the State's Attorney 
 has been served
with a written
copy of the
petition at 
 least 30 days before any such hearing in the circuit court 
 and at
the hearing the
State's Attorney was afforded an 
 opportunity to present evidence and object to
the 
 petition;

  (1) the applicant has not been convicted of a forcible 
 felony under the
laws of this State or any other 
 jurisdiction within 20 years of the
applicant's 
 application for a Firearm Owner's Identification Card, or 
 at
least 20 years have passed since the end of any period 
 of imprisonment
imposed in relation to that conviction;

  (2) the circumstances regarding a criminal conviction, 
 where applicable,
the applicant's criminal history and his 
 reputation are such that the applicant
will not be likely 
 to act in a manner dangerous to public safety;

  (3) granting relief would not be contrary to the 
 public interest; and
  (4) granting relief would not be contrary to federal 
 law.

 (c-5) (1) An active law enforcement officer employed by a 
unit of government or a Department of Corrections employee 
authorized to possess firearms who is denied, revoked, or has 
his or her Firearm Owner's Identification Card seized under 
subsection (e) of Section 8 of this Act may apply to the 
Firearm Owner's Identification Card Review Board the Illinois 
requesting relief if the officer or employee did not act in a 
manner threatening to the officer or employee, another person, 
or the public as determined by the treating clinical 
psychologist or physician, and as a result of his or her work 
is referred by the employer for or voluntarily seeks mental 
health evaluation or treatment by a licensed clinical 
psychologist, psychiatrist, or qualified examiner, and:
  (A) the officer or employee has not received treatment 
 involuntarily at a mental health facility, regardless of 
 the length of admission; or has not been voluntarily 
 admitted to a mental health facility for more than 30 days 
 and not for more than one incident within the past 5 years; 
 and
  (B) the officer or employee has not left the mental 
 institution against medical advice.
 (2) The Firearm Owner's Identification Card Review Board 
the Illinois shall grant expedited relief to active law 
enforcement officers and employees described in paragraph (1) 
of this subsection (c-5) upon a determination by the Board 
that the officer's or employee's possession of a firearm does 
not present a threat to themselves, others, or public safety. 
The Board shall act on the request for relief within 30 
business days of receipt of:
  (A) a notarized statement from the officer or employee 
 in the form prescribed by the Board detailing the 
 circumstances that led to the hospitalization;
  (B) all documentation regarding the admission, 
 evaluation, treatment and discharge from the treating 
 licensed clinical psychologist or psychiatrist of the 
 officer;
  (C) a psychological fitness for duty evaluation of the 
 person completed after the time of discharge; and
  (D) written confirmation in the form prescribed by the 
 Board from the treating licensed clinical psychologist or 
 psychiatrist that the provisions set forth in paragraph 
 (1) of this subsection (c-5) have been met, the person 
 successfully completed treatment, and their professional 
 opinion regarding the person's ability to possess 
 firearms.
 (3) Officers and employees eligible for the expedited 
relief in paragraph (2) of this subsection (c-5) have the 
burden of proof on eligibility and must provide all 
information required. The Board may not consider granting 
expedited relief until the proof and information is received.
 (4) "Clinical psychologist", "psychiatrist", and 
"qualified examiner" shall have the same meaning as provided 
in Chapter I of the Mental Health and Developmental 
Disabilities Code. 
 (c-10) (1) An applicant, who is denied, revoked, or has 
his or her Firearm Owner's Identification Card seized under 
subsection (e) of Section 8 of this Act based upon a 
determination of a developmental disability or an intellectual 
disability may apply to the Firearm Owner's Identification 
Card Review Board the Illinois requesting relief.
 (2) The Board shall act on the request for relief within 60 
business days of receipt of written certification, in the form 
prescribed by the Board, from a physician or clinical 
psychologist, or qualified examiner, that the aggrieved 
party's developmental disability or intellectual disability 
condition is determined by a physician, clinical psychologist, 
or qualified to be mild. If a fact-finding conference is 
scheduled to obtain additional information concerning the 
circumstances of the denial or revocation, the 60 business 
days the Director has to act shall be tolled until the 
completion of the fact-finding conference.
 (3) The Board may grant relief if the aggrieved party's 
developmental disability or intellectual disability is mild as 
determined by a physician, clinical psychologist, or qualified 
examiner and it is established by the applicant to the Board's 
satisfaction that:
  (A) granting relief would not be contrary to the 
 public interest; and
  (B) granting relief would not be contrary to federal 
 law.
 (4) The Board may not grant relief if the condition is 
determined by a physician, clinical psychologist, or qualified 
examiner to be moderate, severe, or profound.
 (5) The changes made to this Section by Public Act 99-29 
apply to requests for
relief pending on or before July 10, 2015 
(the effective date of Public Act 99-29), except that the 
60-day period for the Director to act on requests pending 
before the effective date shall begin
on July 10, 2015 (the 
effective date of Public Act 99-29). All appeals as provided 
in subsection (a-5), pending on January 1, 2023, shall be 
considered by the Board. 
 (d) When a minor is adjudicated delinquent for an offense 
which if
committed by an adult would be a felony, the court 
shall notify the Illinois State Police.

 (e) The court shall review the denial of an application or 
the revocation of
a Firearm Owner's Identification Card of a 
person who has been adjudicated
delinquent for an offense that 
if
committed by an adult would be a felony if an
application 
for relief has been filed at least 10 years after the 
adjudication
of delinquency and the court determines that the 
applicant should be
granted relief from disability to obtain a 
Firearm Owner's Identification Card.
If the court grants 
relief, the court shall notify the Illinois State
Police that 
the disability has
been removed and that the applicant is 
eligible to obtain a Firearm Owner's
Identification Card.

 (f) Any person who is subject to the disabilities of 18 
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act 
of 1968 because of an adjudication or commitment that occurred 
under the laws of this State or who was determined to be 
subject to the provisions of subsections (e), (f), or (g) of 
Section 8 of this Act may apply to the Illinois State Police 
requesting relief from that prohibition. The Board shall grant 
the relief if it is established by a preponderance of the 
evidence that the person will not be likely to act in a manner 
dangerous to public safety and that granting relief would not 
be contrary to the public interest. In making this 
determination, the Board shall receive evidence concerning (i) 
the circumstances regarding the firearms disabilities from 
which relief is sought; (ii) the petitioner's mental health 
and criminal history records, if any; (iii) the petitioner's 
reputation, developed at a minimum through character witness 
statements, testimony, or other character evidence; and (iv) 
changes in the petitioner's condition or circumstances since 
the disqualifying events relevant to the relief sought. If 
relief is granted under this subsection or by order of a court 
under this Section, the Director shall as soon as practicable 
but in no case later than 15 business days, update, correct, 
modify, or remove the person's record in any database that the 
Illinois State Police makes available to the National Instant 
Criminal Background Check System and notify the United States 
Attorney General that the basis for the record being made 
available no longer applies. The Illinois State Police shall 
adopt rules for the administration of this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
102-645, eff. 1-1-22; revised 10-15-21.)





 (430 ILCS 65/11) (from Ch. 38, par. 83-11)



 Sec. 11. Judicial review of final administrative 
decisions.  
 (a) All final administrative decisions of the Firearm 
Owner's Identification Card Review Board under this
Act, 
except final administrative decisions of the Firearm Owner's 
Identification Card Review Board the Illinois to deny a 
person's application for relief under subsection (f) of 
Section 10 of this Act, shall be subject to judicial review 
under the provisions of the Administrative
Review Law, and all 
amendments and
modifications thereof, and the rules adopted 
pursuant thereto. The term
"administrative decision" is 
defined as in Section 3-101 of the Code of
Civil Procedure.

 (b) Any final administrative decision by the Firearm 
Owner's Identification Card Review Board the Illinois to deny 
a person's application for relief under subsection (f) of 
Section 10 of this Act is subject to de novo judicial review by 
the circuit court, and any party may offer evidence that is 
otherwise proper and admissible without regard to whether that 
evidence is part of the administrative record. 
 (c) The Firearm Owner's Identification Card Review Board 
the Illinois shall submit a report to the General
Assembly on 
March 1 of each year, beginning March 1, 1991, listing all

final decisions by a court of this State upholding, reversing, 
or
reversing in part any administrative decision made by the 
Illinois State Police.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 11-2-21.)




 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)



 Sec. 13.2. Renewal; name, photograph, or address change; 
replacement card. The Illinois State Police shall, 180 days

prior to the expiration of a Firearm Owner's Identification 
Card,
forward by first class mail or by other means provided in 
Section 7.5 to each person whose card is to expire a

notification of the
expiration of the card and instructions 
for renewal.
It is the obligation of the holder of a Firearm 
Owner's Identification Card
to notify the Illinois State 
Police of any address change since the
issuance of
the Firearm 
Owner's Identification Card. The Illinois State Police may 
update the applicant and card holder's holders address based 
upon records in the Secretary of State Driver's License or 
Illinois identification card records of applicants who do not 
have driver's licenses. Any person whose legal name has 
changed from the name on the card that he or she has been 
previously issued must apply for a corrected card within 30 
calendar days after the change. The cost for an updated or 
corrected card shall be $5. The cost for replacement of a card 
which has been lost, destroyed, or stolen shall be $5 if the 
loss, destruction, or theft of the card is reported to the 
Illinois State Police. The fees collected under this Section 
shall be deposited into the State Police Firearm Services 
Fund. 

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-12-21.)


 Section 560. The Firearm Concealed Carry Act is amended by 
changing Sections 10, 20, 30, 50, 55, and 70 as follows:

 (430 ILCS 66/10)

 Sec. 10. Issuance of licenses to carry a concealed 
firearm. 
 (a) The Illinois State Police shall issue a license to 
carry a concealed firearm under this Act to an applicant who:
  (1) meets the qualifications of Section 25 of this 
 Act;
  (2) has provided the application and documentation 
 required in Section 30 of this Act; 
  (3) has submitted the requisite fees; and
  (4) does not pose a danger to himself, herself, or 
 others, or a threat to public safety as determined by the 
 Concealed Carry Licensing Review Board in accordance with 
 Section 20.
 (b) The Illinois State Police shall issue a renewal, 
corrected, or duplicate license as provided in this Act.
 (c) A license shall be valid throughout the State for a 
period of 5 years from the date of issuance. A license shall 
permit the licensee to:
  (1) carry a loaded or unloaded concealed firearm, 
 fully concealed or partially concealed, on or about his or 
 her person; and

  (2) keep or carry a loaded or unloaded concealed 
 firearm on or about his or her person within a vehicle.
 (d) The Illinois State Police shall make applications for 
a license available no later than 180 days after July 9, 2013 
(the effective date of this Act). The Illinois State Police 
shall establish rules for the availability and submission of 
applications in accordance with this Act.
 (e) An application for a license submitted to the Illinois 
State Police that contains all the information and materials 
required by this Act, including the requisite fee, shall be 
deemed completed. Except as otherwise provided in this Act, no 
later than 90 days after receipt of a completed application, 
the Illinois State Police shall issue or deny the applicant a 
license. The Illinois State Police shall notify the applicant 
for a concealed carry license, electronically, to confirm if 
all the required information and materials have been received. 
If an applicant for a concealed carry license submits his or 
her application electronically, the Illinois State Police 
shall notify the applicant electronically if his or her 
application is missing information or materials.
 (f) The Illinois State Police shall deny the applicant a 
license if the applicant fails to meet the requirements under 
this Act or the Illinois State Police receives a determination 
from the Board that the applicant is ineligible for a license. 
The Illinois State Police must notify the applicant stating 
the grounds for the denial. The notice of denial must inform 
the applicant of his or her right to an appeal through 
administrative and judicial review.
 (g) A licensee shall possess a license at all times the 
licensee carries a concealed firearm except:
  (1) when the licensee is carrying or possessing a 
 concealed firearm on his or her land or in his or her 
 abode, legal dwelling, or fixed place of business, or on 
 the land or in the legal dwelling of another person as an 
 invitee with that person's permission;
  (2) when the person is authorized to carry a firearm 
 under Section 24-2 of the Criminal Code of 2012, except 
 subsection (a-5) of that Section; or
  (3) when the handgun is broken down in a 
 non-functioning state, is not immediately accessible, or 
 is unloaded and enclosed in a case.
 (h) If an officer of a law enforcement agency initiates an 
investigative stop, including, but not limited to, a traffic 
stop, of a licensee or a non-resident carrying a concealed 
firearm under subsection (e) of
Section 40 of this Act, upon 
the request of the officer the licensee or non-resident shall 
disclose to the officer that he or she is in possession of a 
concealed firearm under this Act, or present the license upon 
the request of the officer if he or she is a licensee or 
present upon the request of the officer evidence
under 
paragraph (2) of subsection (e) of Section 40 of this Act that 
he or she is a non-resident qualified to carry
under that 
subsection. The disclosure requirement under this subsection 
(h) is satisfied if the licensee presents his or her license to 
the officer or the non-resident presents to the officer 
evidence under paragraph (2) of subsection (e) of Section 40 
of this Act that he or she is qualified to carry under that 
subsection. Upon the request of the officer, the licensee or 
non-resident shall also identify the location of the concealed 
firearm and permit the officer to safely secure the firearm 
for the duration of the investigative stop. During a traffic 
stop, any
passenger within the vehicle who is a licensee or a 
non-resident carrying under subsection (e) of
Section 40 of 
this Act must comply with the requirements of this subsection 
(h). 
 (h-1) If a licensee carrying a firearm or a non-resident 
carrying a firearm in a vehicle under subsection (e) of 
Section 40 of this Act is contacted by a law enforcement 
officer or emergency
services personnel, the law enforcement 
officer or emergency services personnel may secure the firearm

or direct that it be secured during the duration of the contact 
if the law enforcement officer or emergency
services personnel 
determines that it is necessary for the safety of any person

present, including the law enforcement officer or emergency 
services personnel. The licensee or nonresident
shall submit 
to the order to secure the firearm. When the law enforcement 
officer or emergency services
personnel have determined that 
the licensee or non-resident is not a threat to
the safety of 
any person present, including the law enforcement officer or 
emergency services personnel, and
if the licensee or 
non-resident is physically and mentally capable of
possessing 
the firearm, the law enforcement officer or emergency services 
personnel shall return the
firearm to the licensee or 
non-resident before releasing him or her from the
scene and 
breaking contact. If the licensee or non-resident is 
transported for
treatment to another location, the firearm 
shall be turned over to any peace
officer. The peace officer 
shall provide a receipt which includes the make,
model, 
caliber, and serial number of the firearm. 
 (i) The Illinois State Police shall maintain a database of 
license applicants and licensees. The database shall be 
available to all federal, State, and local law enforcement 
agencies, State's Attorneys, the Attorney General, and 
authorized court personnel. Within 180 days after July 9, 2013 
(the effective date of this Act), the database shall be 
searchable and provide all information included in the 
application, including the applicant's previous addresses 
within the 10 years prior to the license application and any 
information related to violations of this Act. No law 
enforcement agency, State's Attorney, Attorney General, or 
member or staff of the judiciary shall provide any information 
to a requester who is not entitled to it by law.
 (j) No later than 10 days after receipt of a completed 
application, the Illinois State Police shall enter the 
relevant information about the applicant into the database 
under subsection (i) of this Section which is accessible by 
law enforcement agencies.

 (k) The Illinois State Police shall continuously monitor 
relevant State and federal databases for firearms prohibitors 
and correlate those records with concealed carry license 
holders to ensure compliance with this Act, or State and 
federal law. The Illinois State Police may adopt rules to 
implement this subsection. 
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-13-21.)

 (430 ILCS 66/20)

 Sec. 20. Concealed Carry Licensing Review Board. 
 (a) There is hereby created within the Illinois State 
Police a Concealed Carry Licensing Review Board to consider 
any objection to an applicant's eligibility to obtain a 
license under this Act submitted by a law enforcement agency 
or the Illinois State Police under Section 15 of this Act. The 
Board shall consist of 7 commissioners to be appointed by the 
Governor, with the advice and consent of the Senate, with 3 
commissioners residing within the First Judicial District and 
one commissioner residing within each of the 4 remaining 
Judicial Districts. No more than 4 commissioners shall be 
members of the same political party. The Governor shall 
designate one commissioner as the Chairperson. The Board shall 
consist of:
  (1) one commissioner with at least 5 years of service 
 as a federal judge;
  (2) 2 commissioners with at least 5 years of 
 experience serving as an attorney with the United States 
 Department of Justice;
  (3) 3 commissioners with at least 5 years of 
 experience as a federal agent or employee with 
 investigative experience or duties related to criminal 
 justice under the United States Department of Justice, 
 Drug Enforcement Administration, Department of Homeland 
 Security, or Federal Bureau of Investigation; and
  (4) one member with at least 5 years of experience as a 
 licensed physician or clinical psychologist with expertise 
 in the diagnosis and treatment of mental illness.
 (b) The initial terms of the commissioners shall end on 
January 12, 2015. Notwithstanding any provision in this 
Section to the contrary, the term
of office of each 
commissioner of the Concealed Carry Licensing Review Board is 
abolished on January 1, 2022 (the effective date of Public Act 
102-237) this amendatory Act of the 102nd General Assembly. 
The terms of the commissioners appointed on or after January 
1, 2022 (the effective date of Public Act 102-237) this 
amendatory Act of the 102nd General Assembly shall be as 
follows: one of
the initial members shall be appointed for a 
term of one year, 3 shall be
appointed for terms of 2 years, 
and 3 shall be appointed for terms of 4 years. Thereafter, the 
commissioners shall hold office for 4 years, with terms 
expiring on the second Monday in January of the fourth year. 
Commissioners may be reappointed. Vacancies in the office of 
commissioner shall be filled in the same manner as the 
original appointment, for the remainder of the unexpired term. 
The Governor may remove a commissioner for incompetence, 
neglect of duty, malfeasance, or inability to serve. 
Commissioners shall receive compensation in an amount equal to 
the compensation of members of the Executive Ethics Commission 
and may be reimbursed for reasonable expenses actually 
incurred in the performance of their Board duties, from funds 
appropriated for that purpose.
 (c) The Board shall meet at the call of the chairperson as 
often as necessary to consider objections to applications for 
a license under this Act. If necessary to ensure the 
participation of a commissioner, the Board shall allow a 
commissioner to participate in a Board meeting by electronic 
communication. Any commissioner participating electronically 
shall be deemed present for purposes of establishing a quorum 
and voting.
 (d) The Board shall adopt rules for the review of 
objections and the conduct of hearings. The Board shall 
maintain a record of its decisions and all materials 
considered in making its decisions. All Board decisions and 
voting records shall be kept confidential and all materials 
considered by the Board shall be exempt from inspection except 
upon order of a court.
 (e) In considering an objection of a law enforcement 
agency or the Illinois State Police, the Board shall review 
the materials received with the objection from the law 
enforcement agency or the Illinois State Police. By a vote of 
at least 4 commissioners, the Board may request additional 
information from the law enforcement agency, Illinois State 
Police, or the applicant, or the testimony of the law 
enforcement agency, Illinois State Police, or the applicant. 
The Board may require that the applicant submit electronic 
fingerprints to the Illinois State Police for an updated 
background check where the Board determines it lacks 
sufficient information to determine eligibility. The Board may 
only consider information submitted by the Illinois State 
Police, a law enforcement agency, or the applicant. The Board 
shall review each objection and determine by a majority of 
commissioners whether an applicant is eligible for a license.
 (f) The Board shall issue a decision within 30 days of 
receipt of the objection from the Illinois State Police. 
However, the Board need not issue a decision within 30 days if:
  (1) the Board requests information from the applicant, 
 including but not limited to electronic fingerprints to be 
 submitted to the Illinois State Police, in accordance with 
 subsection (e) of this Section, in which case the Board 
 shall make a decision within 30 days of receipt of the 
 required information from the applicant;
  (2) the applicant agrees, in writing, to allow the 
 Board additional time to consider an objection; or
  (3) the Board notifies the applicant and the Illinois 
 State Police that the Board needs an additional 30 days to 
 issue a decision.
 (g) If the Board determines by a preponderance of the 
evidence that the applicant poses a danger to himself or 
herself or others, or is a threat to public safety, then the 
Board shall affirm the objection of the law enforcement agency 
or the Illinois State Police and shall notify the Illinois 
State Police that the applicant is ineligible for a license. 
If the Board does not determine by a preponderance of the 
evidence that the applicant poses a danger to himself or 
herself or others, or is a threat to public safety, then the 
Board shall notify the Illinois State Police that the 
applicant is eligible for a license.
 (h) Meetings of the Board shall not be subject to the Open 
Meetings Act and records of the Board shall not be subject to 
the Freedom of Information Act.
 (i) The Board shall report monthly to the Governor and the 
General Assembly on the number of objections received and 
provide details of the circumstances in which the Board has 
determined to deny licensure based on law enforcement or 
Illinois State Police objections under Section 15 of this Act. 
The report shall not contain any identifying information about 
the applicants.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-12-21.)

 (430 ILCS 66/30)

 Sec. 30. Contents of license application. 
 (a) The license application shall be in writing, under 
penalty of perjury, on a standard form adopted by the Illinois 
State Police and shall be accompanied by the documentation 
required in this Section and the applicable fee. Each 
application form shall include the following statement printed 
in bold type: "Warning: Entering false information on this 
form is punishable as perjury under Section 32-2 of the 
Criminal Code of 2012."
 (b) The application shall contain the following:
  (1) the applicant's name, current address, date and 
 year of birth, place of birth, height, weight, hair color, 
 eye color, maiden name or any other name the applicant has 
 used or identified with, and any address where the 
 applicant resided for more than 30 days within the 10 
 years preceding the date of the license application;
  (2) the applicant's valid driver's license number or 
 valid state identification card number;
  (3) a waiver of the applicant's privacy and 
 confidentiality rights and privileges under all federal 
 and state laws, including those limiting access to 
 juvenile court, criminal justice, psychological, or 
 psychiatric records or records relating to any 
 institutionalization of the applicant, and an affirmative 
 request that a person having custody of any of these 
 records provide it or information concerning it to the 
 Illinois State Police. The waiver only applies to records 
 sought in connection with determining whether the 
 applicant qualifies for a license to carry a concealed 
 firearm under this Act, or whether the applicant remains 
 in compliance with the Firearm Owners Identification Card 
 Act;
  (4) an affirmation that the applicant possesses a 
 currently valid Firearm Owner's Identification Card and 
 card number if possessed or notice the applicant is 
 applying for a Firearm Owner's Identification Card in 
 conjunction with the license application;
  (5) an affirmation that the applicant has not been 
 convicted or found guilty of:
   (A) a felony;
   (B) a misdemeanor involving the use or threat of 
 physical force or violence to any person within the 5 
 years preceding the date of the application; or
   (C) 2 or more violations related to driving while 
 under the influence of alcohol, other drug or drugs, 
 intoxicating compound or compounds, or any combination 
 thereof, within the 5 years preceding the date of the 
 license application; and
  (6) whether the applicant has failed a drug test for a 
 drug for which the applicant did not have a prescription, 
 within the previous year, and if so, the provider of the 
 test, the specific substance involved, and the date of the 
 test;
  (7) written consent for the Illinois State Police to 
 review and use the applicant's Illinois digital driver's 
 license or Illinois identification card photograph and 
 signature;
  (8) unless submitted under subsection (a-25) of 
 Section 4 of the Firearm Owners Identification Card Act, a 
 full set of fingerprints submitted to the Illinois State 
 Police in electronic format, provided the Illinois State 
 Police may accept an application submitted without a set 
 of fingerprints, in which case the Illinois State Police 
 shall be granted 30 days in addition to the 90 days 
 provided under subsection (e) of Section 10 of this Act to 
 issue or deny a license;
  (9) a head and shoulder color photograph in a size 
 specified by the Illinois State Police taken within the 30 
 days preceding the date of the license application; and
  (10) a photocopy of any certificates or other evidence 
 of compliance with the training requirements under this 
 Act.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-12-21.)

 (430 ILCS 66/50)

 Sec. 50. License renewal. 
 (a) This subsection (a) applies through the 180th day 
following July 12, 2019 (the effective date of Public Act 
101-80) this amendatory Act of the 101st General Assembly. The 
Illinois State Police shall, 180 days prior to the expiration 
of a concealed carry license, notify each person whose license 
is to expire a notification of the expiration of the license 
and instructions for renewal. Applications for renewal of a 
license shall be made to the Illinois State Police. A license 
shall be renewed for a period of 5 years upon receipt of a 
completed renewal application, completion of 3 hours of 
training required under Section 75 of this Act, payment of the 
applicable renewal fee, and completion of an investigation 
under Section 35 of this Act. The renewal application shall 
contain the information required in Section 30 of this Act, 
except that the applicant need not resubmit a full set of 
fingerprints.
 (b) This subsection (b) applies on and after the 181st day 
following July 12, 2019 (the effective date of Public Act 
101-80) this amendatory Act of the 101st General Assembly. 
Applications for renewal of a license shall be made to the 
Illinois State Police. A license shall be renewed for a period 
of 5 years from the date of expiration on the applicant's 
current license upon the receipt of a completed renewal 
application, completion of 3 hours of training required under 
Section 75 of this Act, payment of the applicable renewal fee, 
and completion of an investigation under Section 35 of this 
Act. The renewal application shall contain the information 
required in Section 30 of this Act, except that the applicant 
need not resubmit a full set of fingerprints. 

(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 10-15-21.)

 (430 ILCS 66/55)

 Sec. 55. Change of address or name; lost, destroyed, or 
stolen licenses. 
 (a) A licensee shall notify the Illinois State Police 
within 30 days of moving or changing residence or any change of 
name. The licensee shall submit the requisite fee and the 
Illinois State Police may require a notarized statement that 
the licensee has
changed his or her residence or his or her 
name, including the prior and current address or name and the 
date the applicant moved or changed his or her name.
 (b) A licensee shall notify the Illinois State Police 
within 10 days of discovering that a license has been lost, 
destroyed, or stolen. A lost, destroyed, or stolen license is 
invalid. To request a replacement license, the licensee shall 
submit:
  (1) a written or electronic acknowledgment that the 
 licensee no longer possesses the license, and that it was 
 lost, destroyed, or stolen;
  (2) if applicable, a copy of a police report stating 
 that the license was stolen; and
  (3) the requisite fee.
 (c) A violation of this Section is a petty offense with a 
fine of $150 which shall be deposited into the Mental Health 
Reporting Fund.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-15-21.)

 (430 ILCS 66/70)
 Sec. 70. Violations. 
 (a) A license issued or renewed under this Act shall be 
revoked if, at any time, the licensee is found to be ineligible 
for a license under this Act or the licensee no longer meets 
the eligibility requirements of the Firearm Owners 
Identification Card Act.
 (b) A license shall be suspended if an order of 
protection, including an emergency order of protection, 
plenary order of protection, or interim order of protection 
under Article 112A of the Code of Criminal Procedure of 1963 or 
under the Illinois Domestic Violence Act of 1986, or if a 
firearms restraining order, including an emergency firearms 
restraining order, under the Firearms Restraining Order Act, 
is issued against a licensee for the duration of the order, or 
if the Illinois State Police is made aware of a similar order 
issued against the licensee in any other jurisdiction. If an 
order of protection is issued against a licensee, the licensee 
shall surrender the license, as applicable, to the court at 
the time the order is entered or to the law enforcement agency 
or entity serving process at the time the licensee is served 
the order. The court, law enforcement agency, or entity 
responsible for serving the order of protection shall notify 
the Illinois State Police within 7 days and transmit the 
license to the Illinois State Police.
 (c) A license is invalid upon expiration of the license, 
unless the licensee has submitted an application to renew the 
license, and the applicant is otherwise eligible to possess a 
license under this Act.
 (d) A licensee shall not carry a concealed firearm while 
under the influence of alcohol, other drug or drugs, 
intoxicating compound or combination of compounds, or any 
combination thereof, under the standards set forth in 
subsection (a) of Section 11-501 of the Illinois Vehicle Code.
 A licensee in violation of this subsection (d) shall be 
guilty of a Class A misdemeanor for a first or second violation 
and a Class 4 felony for a third violation. The Illinois State 
Police may suspend a license for up to 6 months for a second 
violation and shall permanently revoke a license for a third 
violation.
 (e) Except as otherwise provided, a licensee in violation 
of this Act shall be guilty of a Class B misdemeanor. A second 
or subsequent violation is a Class A misdemeanor. The Illinois 
State Police may suspend a license for up to 6 months for a 
second violation and shall permanently revoke a license for 3 
or more violations of Section 65 of this Act. Any person 
convicted of a violation under this Section shall pay a $150 
fee to be deposited into the Mental Health Reporting Fund, 
plus any applicable court costs or fees.
 (f) A licensee convicted or found guilty of a violation of 
this Act who has a valid license and is otherwise eligible to 
carry a concealed firearm shall only be subject to the 
penalties under this Section and shall not be subject to the 
penalties under Section 21-6, paragraph (4), (8), or (10) of 
subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
of paragraph (3) of subsection (a) of Section 24-1.6 of the 
Criminal Code of 2012. Except as otherwise provided in this 
subsection, nothing in this subsection prohibits the licensee 
from being subjected to penalties for violations other than 
those specified in this Act.
 (g) A licensee whose license is revoked, suspended, or 
denied shall, within 48 hours of receiving notice of the 
revocation, suspension, or denial, surrender his or her 
concealed carry license to the local law enforcement agency 
where the person resides. The local law enforcement agency 
shall provide the licensee a receipt and transmit the 
concealed carry license to the Illinois State Police. If the 
licensee whose concealed carry license has been revoked, 
suspended, or denied fails to comply with the requirements of 
this subsection, the law enforcement agency where the person 
resides may petition the circuit court to issue a warrant to 
search for and seize the concealed carry license in the 
possession and under the custody or control of the licensee 
whose concealed carry license has been revoked, suspended, or 
denied. The observation of a concealed carry license in the 
possession of a person whose license has been revoked, 
suspended, or denied constitutes a sufficient basis for the 
arrest of that person for violation of this subsection. A 
violation of this subsection is a Class A misdemeanor.
 (h) Except as otherwise provided in subsection (h-5), a 
license issued or renewed under this Act shall be revoked if, 
at any time, the licensee is found ineligible for a Firearm 
Owner's Identification Card, or the licensee no longer 
possesses a valid Firearm Owner's Identification Card. If the 
Firearm Owner's Identification Card is expired or suspended 
rather than denied or revoked, the license may be suspended 
for a period of up to one year to allow the licensee to 
reinstate his or her Firearm Owner's Identification Card. The 
Illinois State Police shall adopt rules to enforce this 
subsection. A licensee whose license is revoked under this 
subsection (h) shall surrender his or her concealed carry 
license as provided for in subsection (g) of this Section. 
 This subsection shall not apply to a person who has filed 
an application with the Illinois State Police for renewal of a 
Firearm
Owner's Identification Card and who is not otherwise 
ineligible to obtain a Firearm Owner's Identification Card.

 (h-5) If the Firearm Owner's Identification Card of a

licensee under this Act expires during the term of the license

issued under this Act, the license and the Firearm Owner's

Identification Card remain valid, and the Illinois State 
Police
may automatically renew the licensee's Firearm Owner's

Identification Card as provided in subsection (c) of Section 5

of the Firearm Owners Identification Card Act.
 (i) A certified firearms instructor who knowingly provides 
or offers to provide a false certification that an applicant 
has completed firearms training as required under this Act is 
guilty of a Class A misdemeanor. A person guilty of a violation 
of this subsection (i) is not eligible for court supervision. 
The Illinois State Police shall permanently revoke the 
firearms instructor certification of a person convicted under 
this subsection (i). 
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-15-21.)

 Section 565. The Firearms Restraining Order Act is amended 
by changing Sections 35 and 40 as follows:



 (430 ILCS 67/35)


 (Text of Section before amendment by P.A. 102-345)
 Sec. 35. Ex parte orders and emergency hearings.

 (a) A petitioner may request an emergency firearms 
restraining order by filing an affidavit or verified pleading 
alleging that the respondent poses an immediate and present 
danger of causing personal injury to himself, herself, or 
another by having in his or her custody or control, 
purchasing, possessing, or receiving a firearm. The petition 
shall also describe the type and location of any firearm or 
firearms presently believed by the petitioner to be possessed 
or controlled by the respondent.

 (b) If the respondent is alleged to pose an immediate and 
present danger of causing personal injury to an intimate 
partner, or an intimate partner is alleged to have been the 
target of a threat or act of violence by the respondent, the 
petitioner shall make a good faith effort to provide notice to 
any and all intimate partners of the respondent. The notice 
must include that the petitioner intends to petition the court 
for an emergency firearms restraining order, and, if the 
petitioner is a law enforcement officer, referral to relevant 
domestic violence or stalking advocacy or counseling 
resources, if appropriate. The petitioner shall attest to 
having provided the notice in the filed affidavit or verified 
pleading. If, after making a good faith effort, the petitioner 
is unable to provide notice to any or all intimate partners, 
the affidavit or verified pleading should describe what 
efforts were made.
 (c) Every person who files a petition for an emergency 
firearms restraining order, knowing the information provided 
to the court at any hearing or in the affidavit or verified 
pleading to be false, is guilty of perjury under Section 32-2 
of the Criminal Code of 2012.

 (d) An emergency firearms restraining order shall be 
issued on an ex parte basis, that is, without notice to the 
respondent.

 (e) An emergency hearing held on an ex parte basis shall be 
held the same day that the petition is filed or the next day 
that the court is in session.

 (f) If a circuit or associate judge finds probable cause 
to believe that the respondent poses an immediate and present 
danger of causing personal injury to himself, herself, or 
another by having in his or her custody or control, 
purchasing, possessing, or receiving a firearm, the circuit or 
associate judge shall issue an emergency order.

 (f-5) If the court issues an emergency firearms 
restraining order, it shall, upon a finding of probable cause 
that the respondent possesses firearms, issue a search warrant 
directing a law enforcement agency to seize the respondent's 
firearms. The court may, as part of that warrant, direct the 
law enforcement agency to search the respondent's residence 
and other places where the court finds there is probable cause 
to believe he or she is likely to possess the firearms.
 (g) An emergency firearms restraining order shall require:

  (1) the respondent to refrain from having in his or 
 her custody or control, purchasing, possessing, or 
 receiving additional firearms for the duration of the 
 order under Section 8.2 of the Firearm Owners 
 Identification Card Act;
and
  (2) the respondent to comply with Section 9.5 of the 
 Firearm Owners Identification Card Act and subsection (g) 
 of Section 70 of the Firearm Concealed Carry Act Illinois. 
 (h) Except as otherwise provided in subsection (h-5) of 
this Section, upon expiration of the period of safekeeping, if 
the firearms or Firearm Owner's Identification Card and 
concealed carry license cannot be returned to the respondent 
because the respondent cannot be located, fails to respond to 
requests to retrieve the firearms, or is not lawfully eligible 
to possess a firearm, upon petition from the local law 
enforcement agency, the court may order the local law 
enforcement agency to destroy the firearms, use the firearms 
for training purposes, or use the firearms for any other 
application as deemed appropriate by the local law enforcement 
agency.

 (h-5) On or before January 1, 2022, a respondent whose 
Firearm Owner's Identification Card has been revoked or 
suspended may petition the court, if the petitioner is present 
in court or has notice of the respondent's petition, to 
transfer the respondent's firearm to a person who is lawfully 
able to possess the firearm if the person does not reside at 
the same address as the respondent. Notice of the petition 
shall be served upon the person protected by the emergency 
firearms restraining order. While the order is in effect, the 
transferee who receives the respondent's firearms must swear 
or affirm by affidavit that he or she shall not transfer the 
firearm to the respondent or to anyone residing in the same 
residence as the respondent.
 (h-6) If a person other than the respondent claims title 
to any firearms surrendered under this Section, he or she may 
petition the court, if the petitioner is present in court or 
has notice of the petition, to have the firearm returned to him 
or her. If the court determines that person to be the lawful 
owner of the firearm, the firearm shall be returned to him or 
her, provided that:
  (1) the firearm is removed from the respondent's 
 custody, control, or possession and the lawful owner 
 agrees to store the firearm in a manner such that the 
 respondent does not have access to or control of the 
 firearm; and
  (2) the firearm is not otherwise unlawfully possessed 
 by the owner.
 The person petitioning for the return of his or her 
firearm must swear or affirm by affidavit that he or she: (i) 
is the lawful owner of the firearm; (ii) shall not transfer the 
firearm to the respondent; and (iii) will store the firearm in 
a manner that the respondent does not have access to or control 
of the firearm. 
 (i) In accordance with subsection (e) of this Section, the 
court shall schedule a full hearing as soon as possible, but no 
longer than 14 days from the issuance of an ex parte firearms 
restraining order, to determine if a 6-month firearms 
restraining order shall be issued. The court may extend an ex 
parte order as needed, but not to exceed 14 days, to effectuate 
service of the order or if necessary to continue protection. 
The court may extend the order for a greater length of time by 
mutual agreement of the parties.


(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 11-9-21.)

 (Text of Section after amendment by P.A. 102-345)

 Sec. 35. Ex parte orders and emergency hearings.

 (a) A petitioner may request an emergency firearms 
restraining order by filing an affidavit or verified pleading 
alleging that the respondent poses an immediate and present 
danger of causing personal injury to himself, herself, or 
another by having in his or her custody or control, 
purchasing, possessing, or receiving a firearm, ammunition, or 
firearm parts
that could be assembled to make an operable 
firearm. The petition shall also describe the type and 
location of any firearm or firearms, ammunition, or firearm 
parts
that could be assembled to make an operable firearm 
presently believed by the petitioner to be possessed or 
controlled by the respondent.

 (b) If the respondent is alleged to pose an immediate and 
present danger of causing personal injury to an intimate 
partner, or an intimate partner is alleged to have been the 
target of a threat or act of violence by the respondent, the 
petitioner shall make a good faith effort to provide notice to 
any and all intimate partners of the respondent. The notice 
must include that the petitioner intends to petition the court 
for an emergency firearms restraining order, and, if the 
petitioner is a law enforcement officer, referral to relevant 
domestic violence or stalking advocacy or counseling 
resources, if appropriate. The petitioner shall attest to 
having provided the notice in the filed affidavit or verified 
pleading. If, after making a good faith effort, the petitioner 
is unable to provide notice to any or all intimate partners, 
the affidavit or verified pleading should describe what 
efforts were made.
 (c) Every person who files a petition for an emergency 
firearms restraining order, knowing the information provided 
to the court at any hearing or in the affidavit or verified 
pleading to be false, is guilty of perjury under Section 32-2 
of the Criminal Code of 2012.

 (d) An emergency firearms restraining order shall be 
issued on an ex parte basis, that is, without notice to the 
respondent.

 (e) An emergency hearing held on an ex parte basis shall be 
held the same day that the petition is filed or the next day 
that the court is in session.

 (f) If a circuit or associate judge finds probable cause 
to believe that the respondent poses an immediate and present 
danger of causing personal injury to himself, herself, or 
another by having in his or her custody or control, 
purchasing, possessing, or receiving a firearm, ammunition, or 
firearm parts
that could be assembled to make an operable 
firearm, the circuit or associate judge shall issue an 
emergency order.

 (f-5) If the court issues an emergency firearms 
restraining order, it shall, upon a finding of probable cause 
that the respondent possesses firearms, ammunition, or firearm 
parts
that could be assembled to make an operable firearm, 
issue a search warrant directing a law enforcement agency to 
seize the respondent's firearms, ammunition, and firearm parts 
that could
be assembled to make an operable firearm. The court 
may, as part of that warrant, direct the law enforcement 
agency to search the respondent's residence and other places 
where the court finds there is probable cause to believe he or 
she is likely to possess the firearms, ammunition, or firearm 
parts
that could be assembled to make an operable firearm. A 
return of the search warrant shall be filed by the law 
enforcement agency within 4 days thereafter, setting forth the 
time, date, and location that the search warrant was executed 
and what items, if any, were seized. 
 (g) An emergency firearms restraining order shall require:

  (1) the respondent to refrain from having in his or 
 her custody or control, purchasing, possessing, or 
 receiving additional firearms, ammunition, or firearm 
 parts that could be assembled to make an operable firearm, 
 or removing firearm parts that could be assembled to make 
 an operable firearm for the duration of the order under 
 Section 8.2 of the Firearm Owners Identification Card Act;

 and
  (2) the respondent to comply with Section 9.5 of the 
 Firearm Owners Identification Card Act and subsection (g) 
 of Section 70 of the Firearm Concealed Carry Act Illinois, 
 ammunition, and firearm parts that could
be assembled to 
 make an operable firearm.
 (h) Except as otherwise provided in subsection (h-5) of 
this Section, upon expiration of the period of safekeeping, if 
the firearms, ammunition, and firearm parts that could
be 
assembled to make an operable firearm or Firearm Owner's 
Identification Card and concealed carry license cannot be 
returned to the respondent because the respondent cannot be 
located, fails to respond to requests to retrieve the 
firearms, or is not lawfully eligible to possess a firearm, 
ammunition, or firearm parts
that could be assembled to make 
an operable firearm, upon petition from the local law 
enforcement agency, the court may order the local law 
enforcement agency to destroy the firearms, ammunition, and 
firearm parts that could
be assembled to make an operable 
firearm, use the firearms, ammunition, and firearm parts that 
could
be assembled to make an operable firearm for training 
purposes, or use the firearms, ammunition, and firearm parts 
that could
be assembled to make an operable firearm for any 
other application as deemed appropriate by the local law 
enforcement agency.

 (h-5) On or before January 1, 2022, a respondent whose 
Firearm Owner's Identification Card has been revoked or 
suspended may petition the court, if the petitioner is present 
in court or has notice of the respondent's petition, to 
transfer the respondent's firearm, ammunition, and firearm 
parts that could
be assembled to make an operable firearm to a 
person who is lawfully able to possess the firearm, 
ammunition, and firearm parts that could
be assembled to make 
an operable firearm if the person does not reside at the same 
address as the respondent. Notice of the petition shall be 
served upon the person protected by the emergency firearms 
restraining order. While the order is in effect, the 
transferee who receives the respondent's firearms, ammunition, 
and firearm parts that could be assembled to make an operable 
firearm must swear or affirm by affidavit that he or she shall 
not transfer the firearm, ammunition, and firearm parts that 
could
be assembled to make an operable firearm to the 
respondent or to anyone residing in the same residence as the 
respondent.
 (h-6) If a person other than the respondent claims title 
to any firearms, ammunition, and firearm parts that could
be 
assembled to make an operable firearm surrendered under this 
Section, he or she may petition the court, if the petitioner is 
present in court or has notice of the petition, to have the 
firearm, ammunition, and firearm parts that could be assembled 
to make an operable firearm returned to him or her. If the 
court determines that person to be the lawful owner of the 
firearm, ammunition, and firearm parts that could be assembled 
to make an operable firearm, the firearm, ammunition, and 
firearm parts that could
be assembled to make an operable 
firearm shall be returned to him or her, provided that:
  (1) the firearm,
ammunition, and firearm parts that 
 could be assembled to make
an operable firearm are removed 
 from the respondent's custody, control, or possession and 
 the lawful owner agrees to store the firearm, ammunition, 
 and firearm parts that could
be assembled to make an 
 operable firearm in a manner such that the respondent does 
 not have access to or control of the firearm, ammunition, 
 and firearm parts that could
be assembled to make an 
 operable firearm; and
  (2) the firearm,
ammunition, and firearm parts that 
 could be assembled to make
an operable firearm are not 
 otherwise unlawfully possessed by the owner.
 The person petitioning for the return of his or her 
firearm, ammunition, and firearm parts that could
be assembled 
to make an operable firearm must swear or affirm by affidavit 
that he or she: (i) is the lawful owner of the firearm, 
ammunition, and firearm parts that could be assembled to make 
an operable firearm; (ii) shall not transfer the firearm, 
ammunition, and firearm parts that could
be assembled to make 
an operable firearm to the respondent; and (iii) will store 
the firearm, ammunition, and firearm parts that could be 
assembled to make an operable firearm in a manner that the 
respondent does not have access to or control of the firearm, 
ammunition, and firearm parts that could
be assembled to make 
an operable firearm. 
 (i) In accordance with subsection (e) of this Section, the 
court shall schedule a full hearing as soon as possible, but no 
longer than 14 days from the issuance of an ex parte firearms 
restraining order, to determine if a 6-month firearms 
restraining order shall be issued. The court may extend an ex 
parte order as needed, but not to exceed 14 days, to effectuate 
service of the order or if necessary to continue protection. 
The court may extend the order for a greater length of time by 
mutual agreement of the parties.


(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-9-21.)



 (430 ILCS 67/40)


 (Text of Section before amendment by P.A. 102-237)
 Sec. 40. Six-month orders.

 (a) A petitioner may request a 6-month firearms 
restraining order by filing an affidavit or verified pleading 
alleging that the respondent poses a significant danger of 
causing personal injury to himself, herself, or another in the 
near future by having in his or her custody or control, 
purchasing, possessing, or receiving a firearm. The petition 
shall also describe the number, types, and locations of any 
firearms presently believed by the petitioner to be possessed 
or controlled by the respondent.

 (b) If the respondent is alleged to pose a significant 
danger of causing personal injury to an intimate partner, or 
an intimate partner is alleged to have been the target of a 
threat or act of violence by the respondent, the petitioner 
shall make a good faith effort to provide notice to any and all 
intimate partners of the respondent. The notice must include 
that the petitioner intends to petition the court for a 
6-month firearms restraining order, and, if the petitioner is 
a law enforcement officer, referral to relevant domestic 
violence or stalking advocacy or counseling resources, if 
appropriate. The petitioner shall attest to having provided 
the notice in the filed affidavit or verified pleading. If, 
after making a good faith effort, the petitioner is unable to 
provide notice to any or all intimate partners, the affidavit 
or verified pleading should describe what efforts were made.
 (c) Every person who files a petition for a 6-month 
firearms restraining order, knowing the information provided 
to the court at any hearing or in the affidavit or verified 
pleading to be false, is guilty of perjury under Section 32-2 
of the Criminal Code of 2012.

 (d) Upon receipt of a petition for a 6-month firearms 
restraining order, the court shall order a hearing within 30 
days.

 (e) In determining whether to issue a firearms restraining 
order under this Section, the court shall consider evidence 
including, but not limited to, the following:

  (1) The unlawful and reckless use, display, or 
 brandishing of a firearm by the respondent.

  (2) The history of use, attempted use, or threatened 
 use of physical force by the respondent against another 
 person.

  (3) Any prior arrest of the respondent for a felony 
 offense.
  (4) Evidence of the abuse of controlled substances or 
 alcohol by the respondent.
  (5) A recent threat of violence or act of violence by 
 the respondent directed toward himself, herself, or 
 another.
  (6) A violation of an emergency order of protection 
 issued under Section 217 of the Illinois Domestic Violence 
 Act of 1986 or Section 112A-17 of the Code of Criminal 
 Procedure of 1963 or of an order of protection issued 
 under Section 214 of the Illinois Domestic Violence Act of 
 1986 or Section 112A-14 of the Code of Criminal Procedure 
 of 1963.

  (7) A pattern of violent acts or violent threats, 
 including, but not limited to, threats of violence or acts 
 of violence by the respondent directed toward himself, 
 herself, or another.
 (f) At the hearing, the petitioner shall have the burden 
of proving, by clear and convincing evidence, that the 
respondent poses a significant danger of personal injury to 
himself, herself, or another by having in his or her custody or 
control, purchasing, possessing, or receiving a firearm.
 (g) If the court finds that there is clear and convincing 
evidence to issue a firearms restraining order, the court 
shall issue a firearms restraining order that shall be in 
effect for 6 months subject to renewal under Section 45 of this 
Act or termination under that Section. 
 (g-5) If the court issues a 6-month firearms restraining 
order, it shall, upon a finding of probable cause that the 
respondent possesses firearms, issue a search warrant 
directing a law enforcement agency to seize the respondent's 
firearms. The court may, as part of that warrant, direct the 
law enforcement agency to search the respondent's residence 
and other places where the court finds there is probable cause 
to believe he or she is likely to possess the firearms.
 (h) A 6-month firearms restraining order shall require:
  (1) the respondent to refrain from having in his or 
 her custody or control, purchasing, possessing, or 
 receiving additional firearms for the duration of the 
 order under Section 8.2 of the Firearm Owners 
 Identification Card Act; and
  (2) the respondent to comply with Section 9.5 of the 
 Firearm Owners Identification Card Act and subsection (g) 
 of Section 70 of the Firearm Concealed Carry Act. Illinois
 (i) Except as otherwise provided in subsection (i-5) of 
this Section, upon expiration of the period of safekeeping, if 
the firearms or Firearm Owner's Identification Card cannot be 
returned to the respondent because the respondent cannot be 
located, fails to respond to requests to retrieve the 
firearms, or is not lawfully eligible to possess a firearm, 
upon petition from the local law enforcement agency, the court 
may order the local law enforcement agency to destroy the 
firearms, use the firearms for training purposes, or use the 
firearms for any other application as deemed appropriate by 
the local law enforcement agency.
 (i-5) A respondent whose Firearm Owner's Identification 
Card has been revoked or suspended may petition the court, if 
the petitioner is present in court or has notice of the 
respondent's petition, to transfer the respondent's firearm to 
a person who is lawfully able to possess the firearm if the 
person does not reside at the same address as the respondent. 
Notice of the petition shall be served upon the person 
protected by the emergency firearms restraining order. While 
the order is in effect, the transferee who receives the 
respondent's firearms must swear or affirm by affidavit that 
he or she shall not transfer the firearm to the respondent or 
to anyone residing in the same residence as the respondent.
 (i-6) If a person other than the respondent claims title 
to any firearms surrendered under this Section, he or she may 
petition the court, if the petitioner is present in court or 
has notice of the petition, to have the firearm returned to him 
or her. If the court determines that person to be the lawful 
owner of the firearm, the firearm shall be returned to him or 
her, provided that:
  (1) the firearm is removed from the respondent's 
 custody, control, or possession and the lawful owner 
 agrees to store the firearm in a manner such that the 
 respondent does not have access to or control of the 
 firearm; and
  (2) the firearm is not otherwise unlawfully possessed 
 by the owner.
 The person petitioning for the return of his or her 
firearm must swear or affirm by affidavit that he or she: (i) 
is the lawful owner of the firearm; (ii) shall not transfer the 
firearm to the respondent; and (iii) will store the firearm in 
a manner that the respondent does not have access to or control 
of the firearm. 
 (j) If the court does not issue a firearms restraining 
order at the hearing, the court shall dissolve any emergency 
firearms restraining order then in effect.
 (k) When the court issues a firearms restraining order 
under this Section, the court shall inform the respondent that 
he or she is entitled to one hearing during the period of the 
order to request a termination of the order, under Section 45 
of this Act, and shall provide the respondent with a form to 
request a hearing. 

(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 11-3-21.)

 (Text of Section after amendment by P.A. 102-345)

 Sec. 40. Six-month orders.

 (a) A petitioner may request a 6-month firearms 
restraining order by filing an affidavit or verified pleading 
alleging that the respondent poses a significant danger of 
causing personal injury to himself, herself, or another in the 
near future by having in his or her custody or control, 
purchasing, possessing, or receiving a firearm, ammunition, 
and firearm parts that could
be assembled to make an operable 
firearm. The petition shall also describe the number, types, 
and locations of any firearms, ammunition, and firearm parts 
that could
be assembled to make an operable firearm presently 
believed by the petitioner to be possessed or controlled by 
the respondent.

 (b) If the respondent is alleged to pose a significant 
danger of causing personal injury to an intimate partner, or 
an intimate partner is alleged to have been the target of a 
threat or act of violence by the respondent, the petitioner 
shall make a good faith effort to provide notice to any and all 
intimate partners of the respondent. The notice must include 
that the petitioner intends to petition the court for a 
6-month firearms restraining order, and, if the petitioner is 
a law enforcement officer, referral to relevant domestic 
violence or stalking advocacy or counseling resources, if 
appropriate. The petitioner shall attest to having provided 
the notice in the filed affidavit or verified pleading. If, 
after making a good faith effort, the petitioner is unable to 
provide notice to any or all intimate partners, the affidavit 
or verified pleading should describe what efforts were made.
 (c) Every person who files a petition for a 6-month 
firearms restraining order, knowing the information provided 
to the court at any hearing or in the affidavit or verified 
pleading to be false, is guilty of perjury under Section 32-2 
of the Criminal Code of 2012.

 (d) Upon receipt of a petition for a 6-month firearms 
restraining order, the court shall order a hearing within 30 
days.

 (e) In determining whether to issue a firearms restraining 
order under this Section, the court shall consider evidence 
including, but not limited to, the following:

  (1) The unlawful and reckless use, display, or 
 brandishing of a firearm, ammunition, and firearm parts 
 that could
be assembled to make an operable firearm by the 
 respondent.

  (2) The history of use, attempted use, or threatened 
 use of physical force by the respondent against another 
 person.

  (3) Any prior arrest of the respondent for a felony 
 offense.
  (4) Evidence of the abuse of controlled substances or 
 alcohol by the respondent.
  (5) A recent threat of violence or act of violence by 
 the respondent directed toward himself, herself, or 
 another.
  (6) A violation of an emergency order of protection 
 issued under Section 217 of the Illinois Domestic Violence 
 Act of 1986 or Section 112A-17 of the Code of Criminal 
 Procedure of 1963 or of an order of protection issued 
 under Section 214 of the Illinois Domestic Violence Act of 
 1986 or Section 112A-14 of the Code of Criminal Procedure 
 of 1963.

  (7) A pattern of violent acts or violent threats, 
 including, but not limited to, threats of violence or acts 
 of violence by the respondent directed toward himself, 
 herself, or another.
 (f) At the hearing, the petitioner shall have the burden 
of proving, by clear and convincing evidence, that the 
respondent poses a significant danger of personal injury to 
himself, herself, or another by having in his or her custody or 
control, purchasing, possessing, or receiving a firearm, 
ammunition, and firearm parts that could be assembled to make 
an operable firearm.
 (g) If the court finds that there is clear and convincing 
evidence to issue a firearms restraining order, the court 
shall issue a firearms restraining order that shall be in 
effect for 6 months subject to renewal under Section 45 of this 
Act or termination under that Section. 
 (g-5) If the court issues a 6-month firearms restraining 
order, it shall, upon a finding of probable cause that the 
respondent possesses firearms, ammunition, and firearm parts 
that could
be assembled to make an operable firearm, issue a 
search warrant directing a law enforcement agency to seize the 
respondent's firearms, ammunition, and firearm parts that 
could
be assembled to make an operable firearm. The court may, 
as part of that warrant, direct the law enforcement agency to 
search the respondent's residence and other places where the 
court finds there is probable cause to believe he or she is 
likely to possess the firearms, ammunition, and firearm parts 
that could
be assembled to make an operable firearm. A return 
of the search warrant shall be filed by the law enforcement 
agency within 4 days thereafter, setting forth the time, date, 
and location that the search warrant was executed and what 
items, if any, were seized. 
 (h) A 6-month firearms restraining order shall require:
  (1) the respondent to refrain from having in his or 
 her custody or control, purchasing, possessing, or 
 receiving additional firearms, ammunition, and firearm 
 parts that could
be assembled to make an operable firearm 
 for the duration of the order under Section 8.2 of the 
 Firearm Owners Identification Card Act; and
  (2) the respondent to comply with Section 9.5 of the 
 Firearm Owners Identification Card Act and subsection (g) 
 of Section 70 of the Firearm Concealed Carry Act, 
 ammunition, and firearm parts that could
be assembled to 
 make an operable firearm. Illinois, ammunition, and 
 firearm parts that could be assembled to make an operable 
 firearm
 (i) Except as otherwise provided in subsection (i-5) of 
this Section, upon expiration of the period of safekeeping, if 
the firearms, ammunition, and firearm parts that could
be 
assembled to make an operable firearm or Firearm Owner's 
Identification Card cannot be returned to the respondent 
because the respondent cannot be located, fails to respond to 
requests to retrieve the firearms, ammunition, and firearm 
parts that could
be assembled to make an operable firearm, or 
is not lawfully eligible to possess a firearm, ammunition, and 
firearm parts that could
be assembled to make an operable 
firearm, upon petition from the local law enforcement agency, 
the court may order the local law enforcement agency to 
destroy the firearms, ammunition, and firearm parts that could 
be assembled to make an operable firearm, use the firearms, 
ammunition, and firearm parts that could
be assembled to make 
an operable firearm for training purposes, or use the 
firearms, ammunition, and firearm parts that could
be 
assembled to make an operable firearm for any other 
application as deemed appropriate by the local law enforcement 
agency.
 (i-5) A respondent whose Firearm Owner's Identification 
Card has been revoked or suspended may petition the court, if 
the petitioner is present in court or has notice of the 
respondent's petition, to transfer the respondent's firearm, 
ammunition, and firearm parts that could
be assembled to make 
an operable firearm to a person who is lawfully able to possess 
the firearm, ammunition, and firearm parts that could
be 
assembled to make an operable firearm if the person does not 
reside at the same address as the respondent. Notice of the 
petition shall be served upon the person protected by the 
emergency firearms restraining order. While the order is in 
effect, the transferee who receives the respondent's firearms, 
ammunition, and firearm parts that could be assembled to make 
an operable firearm must swear or affirm by affidavit that he 
or she shall not transfer the firearm, ammunition, and firearm 
parts that could
be assembled to make an operable firearm to 
the respondent or to anyone residing in the same residence as 
the respondent.
 (i-6) If a person other than the respondent claims title 
to any firearms, ammunition, and firearm parts that could
be 
assembled to make an operable firearm surrendered under this 
Section, he or she may petition the court, if the petitioner is 
present in court or has notice of the petition, to have the 
firearm, ammunition, and firearm parts that could be assembled 
to make an operable firearm returned to him or her. If the 
court determines that person to be the lawful owner of the 
firearm, ammunition, and firearm parts that could be assembled 
to make an operable firearm, the firearm, ammunition, and 
firearm parts that could
be assembled to make an operable 
firearm shall be returned to him or her, provided that:
  (1) the firearm,
ammunition, and firearm parts that 
 could be assembled to make
an operable firearm are removed 
 from the respondent's custody, control, or possession and 
 the lawful owner agrees to store the firearm, ammunition, 
 and firearm parts that could
be assembled to make an 
 operable firearm in a manner such that the respondent does 
 not have access to or control of the firearm, ammunition, 
 and firearm parts that could
be assembled to make an 
 operable firearm; and
  (2) the firearm,
ammunition, and firearm parts that 
 could be assembled to make
an operable firearm are not 
 otherwise unlawfully possessed by the owner.
 The person petitioning for the return of his or her 
firearm, ammunition, and firearm parts that could
be assembled 
to make an operable firearm must swear or affirm by affidavit 
that he or she: (i) is the lawful owner of the firearm, 
ammunition, and firearm parts that could be assembled to make 
an operable firearm; (ii) shall not transfer the firearm, 
ammunition, and firearm parts that could
be assembled to make 
an operable firearm to the respondent; and (iii) will store 
the firearm, ammunition, and firearm parts that could be 
assembled to make an operable firearm in a manner that the 
respondent does not have access to or control of the firearm, 
ammunition, and firearm parts that could
be assembled to make 
an operable firearm. 
 (j) If the court does not issue a firearms restraining 
order at the hearing, the court shall dissolve any emergency 
firearms restraining order then in effect.
 (k) When the court issues a firearms restraining order 
under this Section, the court shall inform the respondent that 
he or she is entitled to one hearing during the period of the 
order to request a termination of the order, under Section 45 
of this Act, and shall provide the respondent with a form to 
request a hearing. 

(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-3-21.)

 Section 570. The Wildlife Code is amended by changing 
Section 3.3 as follows:



 (520 ILCS 5/3.3) (from Ch. 61, par. 3.3)



 Sec. 3.3. Trapping license required. Before any person 
shall trap any
of the mammals protected
by this Act, for which 
an open trapping season has been established, he shall
first 
procure a trapping license from the Department to do so. No 
traps
shall be placed in the field, set or unset, prior to the 
opening day of
the trapping season.

 Traps used in the taking of such mammals shall be marked or

tagged with metal tags or inscribed in lettering giving the 
name and
address of the owner or the customer identification 
number issued by the Department, and absence of such mark or 
tag shall be prima
facie evidence that such trap or traps are 
illegally used and the trap
or traps shall be confiscated and 
disposed of as directed by the
Department.

 Before any person 18 years of age or older shall trap, 
attempt to
trap, or sell the green hides of any mammal of the 
species defined as
fur-bearing mammals by Section 2.2 for 
which an open season is established
under this Act, he shall 
first have procured a State Habitat Stamp.

 Beginning January 1, 2016, no trapping license shall be 
issued to any
person born on or after January 1, 1998 unless he 
or she presents to the authorized issuer of the license 
evidence that he or she has a
certificate of competency 
provided for in this Section.

 The Department of Natural Resources shall authorize

personnel of the Department,
or volunteer instructors, found 
by the Department to be competent,
to provide instruction in 
courses on trapping techniques and ethical trapping
behavior 
as needed throughout the State, which courses shall be at 
least
8 hours in length. Persons so authorized shall provide 
instruction in such
courses to individuals at no charge, and 
shall issue to individuals
successfully completing such 
courses certificates of competency in basic
trapping 
techniques. The Department shall cooperate in establishing 
such
courses with any reputable association or organization 
which has as one of
its objectives the promotion of the ethical 
use of legal fur harvesting
devices and techniques. The 
Department shall furnish information on the
requirements of 
the trapper education program to be distributed free of
charge 
to applicants for trapping licenses by the persons appointed 
and
authorized to issue licenses.

 The owners residing on, or bona fide tenants of farm 
lands, and their
children actually residing on such lands, 
shall have the right to trap
mammals protected by this Act, for 
which an open trapping season has been
established, upon such 
lands, without procuring licenses, provided that
such mammals 
are taken during the periods of time and with such devices as

are permitted by this Act.

 Any person on active duty in the Armed Forces or any person 
with a disability who is a resident of Illinois, may trap any 
of the species protected by Section 2.2, during such times, 
with such devices, and by such methods as are permitted by this 
Act, without procuring a trapping license. For the purposes of 
this Section, a person is considered a person with a 
disability if he or she has a Type 1 or Type 4, Class 2 
disability as defined in Section 4A of the Illinois 
Identification Card Act. For purposes of this Section, an 
Illinois Person with a Disability Identification Card issued 
pursuant to the Illinois Identification Card Act indicating 
that the person thereon named has a Type 1 or Type 4, Class 2 
disability shall be adequate documentation of such a 
disability. 
(Source: P.A. 101-81, eff. 7-12-19; 102-524, eff. 8-20-21; 
revised 11-29-21.)


 Section 575. The Illinois Vehicle Code is amended by 
changing Sections 3-117.1, 3-699.14, 5-102, 5-402.1, 6-106.1, 
6-107.5, 6-206, 6-508, 11-212, 11-907, 11-1201.1, 13-108, 
13-109.1, 15-102, 15-305, 16-103, and 16-105 as follows:



 (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)



 Sec. 3-117.1. When junking certificates or salvage 
certificates must
be obtained.
 (a) Except as provided in Chapter 4 and Section 3-117.3 of 
this Code, a person who possesses a
junk vehicle shall within 
15 days cause the certificate of title, salvage
certificate, 
certificate of purchase, or a similarly acceptable 
out-of-state
document of ownership to be surrendered to the 
Secretary of State along with an
application for a junking 
certificate, except as provided in Section 3-117.2,
whereupon 
the Secretary of State shall issue to such a person a junking

certificate, which shall authorize the holder thereof to 
possess, transport,
or, by an endorsement, transfer ownership 
in such junked vehicle, and a
certificate of title shall not 
again be issued for such vehicle. The owner of a junk vehicle 
is not required to surrender the certificate of title under 
this subsection if (i) there is no lienholder on the 
certificate of title or (ii) the owner of the junk vehicle has 
a valid lien release from the lienholder releasing all 
interest in the vehicle and the owner applying for the junk 
certificate matches the current record on the certificate of 
title file for the vehicle.

 A licensee who possesses a junk vehicle and a Certificate 
of Title,
Salvage Certificate, Certificate of Purchase, or a 
similarly acceptable
out-of-state document of ownership for 
such junk vehicle, may transport the
junk vehicle to another 
licensee prior to applying for or obtaining a
junking 
certificate, by executing a uniform invoice. The licensee

transferor shall furnish a copy of the uniform invoice to the 
licensee
transferee at the time of transfer. In any case, the 
licensee transferor
shall apply for a junking certificate in 
conformance with Section 3-117.1
of this Chapter. The 
following information shall be contained on a uniform
invoice:

  (1) The business name, address, and dealer license 
 number of the person
disposing of the vehicle, junk 
 vehicle, or vehicle cowl;

  (2) The name and address of the person acquiring the 
 vehicle, junk
vehicle, or vehicle cowl, and, if that 
 person is a dealer, the Illinois or
out-of-state dealer 
 license number of that dealer;

  (3) The date of the disposition of the vehicle, junk 
 vehicle, or vehicle
cowl;

  (4) The year, make, model, color, and description of 
 each vehicle, junk
vehicle, or vehicle cowl disposed of by 
 such person;

  (5) The manufacturer's vehicle identification number, 
 Secretary of State
identification number, or Illinois 
 State Police number,
for each vehicle, junk vehicle, or 
 vehicle cowl part disposed of by such person;

  (6) The printed name and legible signature of the 
 person or agent
disposing of the vehicle, junk vehicle, or 
 vehicle cowl; and

  (7) The printed name and legible signature of the 
 person accepting
delivery of the vehicle, junk vehicle, or 
 vehicle cowl.

 The Secretary of State may certify a junking manifest in a 
form prescribed by
the Secretary of State that reflects those 
vehicles for which junking
certificates have been applied or 
issued. A junking manifest
may be issued to any person and it 
shall constitute evidence of ownership
for the vehicle listed 
upon it. A junking manifest may be transferred only
to a person 
licensed under Section 5-301 of this Code as a scrap 
processor.
A junking manifest will allow the transportation of 
those
vehicles to a scrap processor prior to receiving the 
junk certificate from
the Secretary of State.

 (b) An application for a salvage certificate shall be 
submitted to the
Secretary of State in any of the following 
situations:

  (1) When an insurance company makes a payment of 
 damages on a total loss
claim for a vehicle, the insurance 
 company shall be deemed to be the owner of
such vehicle and 
 the vehicle shall be considered to be salvage except that

 ownership of (i) a vehicle that has incurred only hail 
 damage that does
not
affect the operational safety of the 
 vehicle or (ii) any vehicle
9 model years of age or older 
 may, by agreement between
the registered owner and the 
 insurance company, be retained by the registered
owner of 
 such vehicle. The insurance company shall promptly deliver 
 or mail
within 20 days the certificate of title along with 
 proper application and fee
to the Secretary of State, and 
 a salvage certificate shall be issued in the
name of the 
 insurance company. Notwithstanding the foregoing, an 
 insurer making payment of damages on a total loss claim 
 for the theft of a vehicle shall not be required to apply 
 for a salvage certificate unless the vehicle is recovered 
 and has incurred damage that initially would have caused 
 the vehicle to be declared a total loss by the insurer.
  (1.1) When a vehicle of a self-insured company is to 
 be sold in the State of Illinois and has sustained damaged 
 by collision, fire, theft, rust corrosion, or other means 
 so that the self-insured company determines the vehicle to 
 be a total loss, or if the cost of repairing the damage, 
 including labor, would be greater than 70% of its fair 
 market value without that damage, the vehicle shall be 
 considered salvage. The self-insured company shall 
 promptly deliver the certificate of title along with 
 proper application and fee to the Secretary of State, and 
 a salvage certificate shall be issued in the name of the 
 self-insured company. A self-insured company making 
 payment of damages on a total loss claim for the theft of a 
 vehicle may exchange the salvage certificate for a 
 certificate of title if the vehicle is recovered without 
 damage. In such a situation, the self-insured shall fill 
 out and sign a form prescribed by the Secretary of State 
 which contains an affirmation under penalty of perjury 
 that the vehicle was recovered without damage and the 
 Secretary of State may, by rule, require photographs to be 
 submitted.


  (2) When a vehicle the ownership of which has been 
 transferred to any
person through a certificate of 
 purchase from acquisition of the vehicle at an
auction, 
 other dispositions as set forth in Sections 4-208 and 
 4-209
of this Code, or a lien arising under Section 
 18a-501 of this Code shall be deemed
salvage or junk at the 
 option of the purchaser. The person acquiring such
vehicle 
 in such manner shall promptly deliver or mail, within 20 
 days after the
acquisition of the vehicle, the certificate 
 of purchase, the
proper application and fee, and, if the 
 vehicle is an abandoned mobile home
under the Abandoned 
 Mobile Home Act, a certification from a local law

 enforcement agency that the vehicle was purchased or 
 acquired at a public sale
under the Abandoned Mobile Home 
 Act to the Secretary of State and a salvage
certificate or 
 junking certificate shall be issued in the name of that 
 person.
The salvage certificate or junking certificate 
 issued by the Secretary of State
under this Section shall 
 be free of any lien that existed against the vehicle
prior 
 to the time the vehicle was acquired by the applicant 
 under this Code.

  (3) A vehicle which has been repossessed by a 
 lienholder shall be
considered to be salvage only when the 
 repossessed vehicle, on the date of
repossession by the 
 lienholder, has sustained damage by collision, fire, 
 theft,
rust corrosion, or other means so that the cost of 
 repairing
such damage, including labor, would be greater 
 than 50% of its fair market
value without such damage. If 
 the lienholder determines that such vehicle is
damaged in 
 excess of 50% of such fair market value, the lienholder 
 shall,
before sale, transfer, or assignment of the 
 vehicle, make application for a
salvage certificate, and 
 shall submit with such application the proper fee
and 
 evidence of possession. If the facts required to be shown 
 in
subsection (f) of Section 3-114 are satisfied, the 
 Secretary of State shall
issue a salvage certificate in 
 the name of the lienholder making the
application. In any 
 case wherein the vehicle repossessed is not damaged in

 excess of 50% of its fair market value, the lienholder

 shall comply with the requirements of subsections (f), 
 (f-5), and (f-10) of
Section 3-114, except that the 
 affidavit of repossession made by or on behalf
of the 
 lienholder
shall also contain an affirmation under penalty 
 of perjury that the vehicle
on
the date of sale is not

 damaged in
excess of 50% of its fair market value. If the 
 facts required to be shown
in subsection (f) of Section 
 3-114 are satisfied, the Secretary of State
shall issue a 
 certificate of title as set forth in Section 3-116 of this 
 Code.
The Secretary of State may by rule or regulation 
 require photographs to be
submitted.

  (4) A vehicle which is a part of a fleet of more than 5 
 commercial
vehicles registered in this State or any other 
 state or registered
proportionately among several states 
 shall be considered to be salvage when
such vehicle has 
 sustained damage by collision, fire, theft, rust,

 corrosion or similar means so that the cost of repairing 
 such damage, including
labor, would be greater than 50% of 
 the fair market value of the vehicle
without such damage. 
 If the owner of a fleet vehicle desires to sell,
transfer, 
 or assign his interest in such vehicle to a person within 
 this State
other than an insurance company licensed to do 
 business within this State, and
the owner determines that 
 such vehicle, at the time of the proposed sale,
transfer 
 or assignment is damaged in excess of 50% of its fair 
 market
value, the owner shall, before such sale, transfer 
 or assignment, make
application for a salvage certificate. 
 The application shall contain with it
evidence of 
 possession of the vehicle. If the fleet vehicle at the 
 time of its
sale, transfer, or assignment is not damaged 
 in excess of 50% of its
fair market value, the owner shall 
 so state in a written affirmation on a
form prescribed by 
 the Secretary of State by rule or regulation. The

 Secretary of State may by rule or regulation require 
 photographs to be
submitted. Upon sale, transfer or 
 assignment of the fleet vehicle the
owner shall mail the 
 affirmation to the Secretary of State.

  (5) A vehicle that has been submerged in water to the

 point that rising water has reached over the door sill and 
 has
entered the
passenger or trunk compartment is a "flood 
 vehicle". A flood vehicle shall
be considered to be 
 salvage only if the vehicle has sustained damage so that

 the cost of repairing the damage, including labor, would 
 be greater than 50% of the fair market value of the vehicle 
 without that damage. The salvage
certificate issued under 
 this
Section shall indicate the word "flood", and the word 
 "flood" shall be
conspicuously entered on subsequent 
 titles for the vehicle. A person who
possesses or acquires 
 a flood vehicle that is not damaged in excess of 50%
of its 
 fair market value shall make application for title in 
 accordance with
Section 3-116 of this Code, designating 
 the vehicle as "flood" in a manner
prescribed by the 
 Secretary of State. The certificate of title issued shall

 indicate the word "flood", and the word "flood" shall be 
 conspicuously entered
on subsequent titles for the 
 vehicle.

  (6) When any licensed rebuilder, repairer, new or used 
 vehicle dealer, or remittance agent has submitted an 
 application for title to a vehicle (other than an 
 application for title to a rebuilt vehicle) that he or she 
 knows or reasonably should have known to have sustained 
 damages in excess of 50% of the vehicle's fair market 
 value without that damage; provided, however, that any 
 application for a salvage certificate for a vehicle 
 recovered from theft and acquired from an insurance 
 company shall be made as required by paragraph (1) of this 
 subsection (b). 
 (c) Any person who without authority acquires, sells, 
exchanges, gives
away, transfers or destroys or offers to 
acquire, sell, exchange, give
away, transfer or destroy the 
certificate of title to any vehicle which is
a junk or salvage 
vehicle shall be guilty of a Class 3 felony.

 (d) Except as provided under subsection (a), any person 
who knowingly fails to surrender to the Secretary of State a

certificate of title, salvage certificate, certificate of 
purchase or a
similarly acceptable out-of-state document of 
ownership as required under
the provisions of this Section is 
guilty of a Class A misdemeanor for a
first offense and a Class 
4 felony for a subsequent offense; except that a
person 
licensed under this Code who violates paragraph (5) of 
subsection (b)
of this Section is
guilty of a business offense 
and shall be fined not less than $1,000 nor more
than $5,000 
for a first offense and is guilty of a Class 4 felony
for a 
second or subsequent violation.

 (e) Any vehicle which is salvage or junk may not be driven 
or operated
on roads and highways within this State. A 
violation of this subsection is
a Class A misdemeanor. A 
salvage vehicle displaying valid special plates
issued under 
Section 3-601(b) of this Code, which is being driven to or
from 
an inspection conducted under Section 3-308 of this Code, is 
exempt
from the provisions of this subsection. A salvage 
vehicle for which a
short term permit has been issued under 
Section 3-307 of this Code is
exempt from the provisions of 
this subsection for the duration of the permit.

(Source: P.A. 101-81, eff. 7-12-19; 102-319, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 9-22-21.)


 (625 ILCS 5/3-699.14)
 Sec. 3-699.14. Universal special license plates.
 (a) In addition to any other special license plate, the 
Secretary, upon receipt of all applicable fees and 
applications made in the form prescribed by the Secretary, may 
issue Universal special license plates to residents of 
Illinois on behalf of organizations that have been authorized 
by the General Assembly to issue decals for Universal special 
license plates. Appropriate documentation, as determined by 
the Secretary, shall accompany each application. Authorized 
organizations shall be designated by amendment to this 
Section. When applying for a Universal special license plate 
the applicant shall inform the Secretary of the name of the 
authorized organization from which the applicant will obtain a 
decal to place on the plate. The Secretary shall make a record 
of that organization and that organization shall remain 
affiliated with that plate until the plate is surrendered, 
revoked, or otherwise cancelled. The authorized organization 
may charge a fee to offset the cost of producing and 
distributing the decal, but that fee shall be retained by the 
authorized organization and shall be separate and distinct 
from any registration fees charged by the Secretary. No decal, 
sticker, or other material may be affixed to a Universal 
special license plate other than a decal authorized by the 
General Assembly in this Section or a registration renewal 
sticker. The special plates issued under this Section shall be 
affixed only to passenger vehicles of the first division, 
including motorcycles and autocycles, or motor vehicles of the 
second division weighing not more than 8,000 pounds. Plates 
issued under this Section shall expire according to the 
multi-year procedure under Section 3-414.1 of this Code.
 (b) The design, color, and format of the Universal special 
license plate shall be wholly within the discretion of the 
Secretary. Universal special license plates are not required 
to designate "Land of Lincoln", as prescribed in subsection 
(b) of Section 3-412 of this Code. The design shall allow for 
the application of a decal to the plate. Organizations 
authorized by the General Assembly to issue decals for 
Universal special license plates shall comply with rules 
adopted by the Secretary governing the requirements for and 
approval of Universal special license plate decals. The 
Secretary may, in his or her discretion, allow Universal 
special license plates to be issued as vanity or personalized 
plates in accordance with Section 3-405.1 of this Code. The 
Secretary of State must make a version of the special 
registration plates authorized under this Section in a form 
appropriate for motorcycles and autocycles.
 (c) When authorizing a Universal special license plate, 
the General Assembly shall set forth whether an additional fee 
is to be charged for the plate and, if a fee is to be charged, 
the amount of the fee and how the fee is to be distributed. 
When necessary, the authorizing language shall create a 
special fund in the State treasury into which fees may be 
deposited for an authorized Universal special license plate. 
Additional fees may only be charged if the fee is to be paid 
over to a State agency or to a charitable entity that is in 
compliance with the registration and reporting requirements of 
the Charitable Trust Act and the Solicitation for Charity Act. 
Any charitable entity receiving fees for the sale of Universal 
special license plates shall annually provide the Secretary of 
State a letter of compliance issued by the Attorney General 
verifying that the entity is in compliance with the Charitable 
Trust Act and the Solicitation for Charity Act.
 (d) Upon original issuance and for each registration 
renewal period, in addition to the appropriate registration 
fee, if applicable, the Secretary shall collect any additional 
fees, if required, for issuance of Universal special license 
plates. The fees shall be collected on behalf of the 
organization designated by the applicant when applying for the 
plate. All fees collected shall be transferred to the State 
agency on whose behalf the fees were collected, or paid into 
the special fund designated in the law authorizing the 
organization to issue decals for Universal special license 
plates. All money in the designated fund shall be distributed 
by the Secretary subject to appropriation by the General 
Assembly.

 (e) The following organizations may issue decals for 
Universal special license plates with the original and renewal 
fees and fee distribution as follows: 
  (1) The Illinois Department of Natural Resources. 
   (A) Original issuance: $25; with $10 to the 
 Roadside Monarch Habitat Fund and $15 to the Secretary 
 of State Special License Plate Fund. 
   (B) Renewal: $25; with $23 to the Roadside Monarch 
 Habitat Fund and $2 to the Secretary of State Special 
 License Plate Fund. 
  (2) Illinois Veterans' Homes.
   (A) Original issuance: $26, which shall be 
 deposited into the Illinois Veterans' Homes Fund.
   (B) Renewal: $26, which shall be deposited into 
 the Illinois Veterans' Homes Fund.
  (3) The Illinois Department of Human Services for 
 volunteerism decals.
   (A) Original issuance: $25, which shall be 
 deposited into the Secretary of State Special License 
 Plate Fund.
   (B) Renewal: $25, which shall be deposited into 
 the Secretary of State Special License Plate Fund. 
  (4) The Illinois Department of Public Health.
   (A) Original issuance: $25; with $10 to the 
 Prostate Cancer Awareness Fund and $15 to the 
 Secretary of State Special License Plate Fund.
   (B) Renewal: $25; with $23 to the Prostate Cancer 
 Awareness Fund and $2 to the Secretary of State 
 Special License Plate Fund. 
  (5) Horsemen's Council of Illinois.
   (A) Original issuance: $25; with $10 to the 
 Horsemen's Council of Illinois Fund and $15 to the 
 Secretary of State Special License Plate Fund.
   (B) Renewal: $25; with $23 to the Horsemen's 
 Council of Illinois Fund and $2 to the Secretary of 
 State Special License Plate Fund.
  (6) K9s for Veterans, NFP.
   (A) Original issuance: $25; with $10 to the 
 Post-Traumatic Stress Disorder Awareness Fund and $15 
 to the Secretary of State Special License Plate Fund.
   (B) Renewal: $25; with $23 to the Post-Traumatic 
 Stress Disorder Awareness Fund and $2 to the Secretary 
 of State Special License Plate Fund. 
  (7) The International Association of Machinists and 
 Aerospace Workers. 
   (A) Original issuance: $35; with $20 to the Guide 
 Dogs of America Fund and $15 to the Secretary of State 
 Special License Plate Fund.
   (B) Renewal: $25; with $23 going to the Guide Dogs 
 of America Fund and $2 to the Secretary of State 
 Special License Plate Fund.
  (8) Local Lodge 701 of the International Association 
 of Machinists and
Aerospace Workers. 
   (A) Original issuance: $35; with $10 to the Guide 
 Dogs of America Fund, $10 to the Mechanics Training 
 Fund, and $15 to the Secretary of State Special 
 License Plate Fund.
   (B) Renewal: $30; with $13 to the Guide Dogs of 
 America Fund, $15 to the Mechanics Training Fund, and 
 $2 to the Secretary of State Special License Plate 
 Fund.
  (9) Illinois Department of Human Services.
   (A) Original issuance: $25; with $10 to the 
 Theresa Tracy Trot - Illinois CancerCare Foundation 
 Fund and $15 to the Secretary of State Special License 
 Plate Fund.
   (B) Renewal: $25; with $23 to the Theresa Tracy 
 Trot - Illinois CancerCare Foundation Fund and $2 to 
 the Secretary of State Special License Plate Fund.
  (10) The Illinois Department of Human Services for 
 developmental disabilities awareness decals.
   (A) Original issuance: $25; with $10 to the

 Developmental Disabilities Awareness Fund and $15 to 
 the Secretary of State Special License Plate Fund.
   (B) Renewal: $25; with $23 to the Developmental 
 Disabilities
Awareness Fund and $2 to the Secretary of 
 State Special License Plate Fund.
  (11) The Illinois Department of Human Services for 
 pediatric cancer awareness decals.
   (A) Original issuance: $25; with $10 to the

 Pediatric Cancer Awareness Fund and $15 to the 
 Secretary of State Special License Plate Fund.
   (B) Renewal: $25; with $23 to the Pediatric Cancer

 Awareness Fund and $2 to the Secretary of State 
 Special License Plate Fund.
  (12) The Department of Veterans' Affairs for Fold of 
 Honor decals. 
   (A) Original issuance: $25; with $10 to the Folds 
 of Honor Foundation Fund and $15 to the Secretary of 
 State Special License Plate Fund. 
   (B) Renewal: $25; with $23 to the Folds of Honor 
 Foundation Fund and $2 to the Secretary of State 
 Special License Plate Fund.
  (13) (12) The Illinois chapters of the Experimental 
 Aircraft Association for aviation enthusiast decals.
   (A) Original issuance: $25; with $10 to the 
 Experimental Aircraft Association Fund and $15 to the 
 Secretary of State Special License Plate Fund.
   (B) Renewal: $25; with $23 to the Experimental 
 Aircraft Association Fund and $2 to the Secretary of 
 State Special License Plate Fund. 
  (14) (12) The Illinois Department of Human Services 
 for Child Abuse Council of the Quad Cities decals. 
   (A) Original issuance: $25; with $10 to the Child 
 Abuse Council of the Quad Cities Fund and $15 to the 
 Secretary of State Special License Plate Fund. 
   (B) Renewal: $25; with $23 to the Child Abuse 
 Council of the Quad Cities Fund and $2 to the Secretary 
 of State Special License Plate Fund.
  (15) (12) The Illinois Department of Public Health for 
 health care worker decals.
   (A) Original issuance: $25; with $10 to the 
 Illinois Health Care Workers Benefit Fund, and $15 to 
 the Secretary of State Special License Plate Fund.
   (B) Renewal: $25; with $23 to the Illinois Health 
 Care Workers Benefit Fund and $2 to the Secretary of 
 State Special License Plate Fund. 
 (f) The following funds are created as special funds in 
the State treasury: 
  (1) The Roadside Monarch Habitat Fund. All money in 
 the Roadside Monarch Habitat Fund shall be paid as grants 
 to the Illinois Department of Natural Resources to fund 
 roadside monarch and other pollinator habitat development, 
 enhancement, and restoration projects in this State. 
  (2) The Prostate Cancer Awareness Fund. All money in 
 the Prostate Cancer Awareness Fund shall be paid as grants 
 to the Prostate Cancer Foundation of Chicago. 
  (3) The Horsemen's Council of Illinois Fund. All money 
 in the Horsemen's Council of Illinois Fund shall be paid 
 as grants to the Horsemen's Council of Illinois. 
  (4) The Post-Traumatic Stress Disorder Awareness Fund. 
 All money in the Post-Traumatic Stress Disorder Awareness 
 Fund shall be paid as grants to K9s for Veterans, NFP for 
 support, education, and awareness of veterans with 
 post-traumatic stress disorder.
  (5) The Guide Dogs of America Fund. All money in the 
 Guide Dogs of America Fund shall be paid as grants to the 
 International Guiding Eyes, Inc., doing business as Guide 
 Dogs of America.
  (6) The Mechanics Training Fund. All money in the 
 Mechanics Training Fund shall be paid as grants to the 
 Mechanics Local 701 Training Fund.
  (7) The Theresa Tracy Trot - Illinois CancerCare 
 Foundation Fund. All money in the Theresa Tracy Trot - 
 Illinois CancerCare Foundation Fund shall be paid to the 
 Illinois CancerCare Foundation for the purpose of 
 furthering pancreatic cancer research.
  (8) The Developmental Disabilities Awareness Fund. All 
 money in the Developmental Disabilities Awareness Fund 
 shall
be paid as grants to the Illinois Department of 
 Human Services to fund legal aid groups to assist with 
 guardianship fees for private citizens willing to become 
 guardians for individuals with developmental disabilities 
 but who are unable to pay the legal fees associated with 
 becoming a guardian.
  (9) The Pediatric Cancer Awareness Fund. All money in 
 the Pediatric Cancer Awareness Fund shall
be paid as 
 grants to the Cancer Center at Illinois for pediatric 
 cancer treatment and research.
  (10) The Folds of Honor Foundation Fund. All money in 
 the Folds of Honor Foundation Fund shall be paid as grants 
 to the Folds of Honor Foundation to aid in providing 
 educational scholarships to military families. 
  (11) (10) The Experimental Aircraft Association Fund. 
 All money in the Experimental Aircraft Association Fund 
 shall be paid, subject to appropriation by the General 
 Assembly and distribution by the Secretary, as grants to 
 promote recreational aviation. 
  (12) (10) The Child Abuse Council of the Quad Cities 
 Fund. All money in the Child Abuse Council of the Quad 
 Cities Fund shall be paid as grants to benefit the Child 
 Abuse Council of the Quad Cities. 
  (13) (10) The Illinois Health Care Workers Benefit 
 Fund. All money in the Illinois Health Care Workers 
 Benefit Fund shall be paid as grants to the Trinity Health 
 Foundation for the benefit of health care workers, 
 doctors, nurses, and others who work in the health care 
 industry in this State. 
(Source: P.A. 101-248, eff. 1-1-20; 101-256, eff. 1-1-20; 
101-276, eff. 8-9-19; 101-282, eff. 1-1-20; 101-372, eff. 
1-1-20; 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; 102-423, 
eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. 8-20-21; 
revised 9-22-21.)



 (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)

 Sec. 5-102. Used vehicle dealers must be licensed. 

 (a) No person, other than a licensed new vehicle dealer, 
shall engage in
the business of selling or dealing in, on 
consignment or otherwise, 5 or
more used vehicles of any make 
during the year (except house trailers as
authorized by 
paragraph (j) of this Section and rebuilt salvage vehicles

sold by their rebuilders to persons licensed under this 
Chapter), or act as
an intermediary, agent or broker for any 
licensed dealer or vehicle
purchaser (other than as a 
salesperson) or represent or advertise that he
is so engaged 
or intends to so engage in such business unless licensed to
do 
so by the Secretary of State under the provisions of this 
Section.

 (b) An application for a used vehicle dealer's license 
shall be
filed with the Secretary of State, duly verified by 
oath, in such form
as the Secretary of State may by rule or 
regulation prescribe and shall
contain:

  1. The name and type of business organization 
 established and additional
places of business, if any, in 
 this State.

  2. If the applicant is a corporation, a list of its 
 officers,
directors, and shareholders having a ten percent 
 or greater ownership
interest in the corporation, setting 
 forth the residence address of
each; if the applicant is a 
 sole proprietorship, a partnership, an
unincorporated 
 association, a trust, or any similar form of business

 organization, the names and residence address of the 
 proprietor or of
each partner, member, officer, director, 
 trustee, or manager.

  3. A statement that the applicant has been approved 
 for registration
under the Retailers' Occupation Tax Act 
 by the Department of Revenue. However,
this requirement 
 does not apply to a dealer who is already licensed

 hereunder with the Secretary of State, and who is merely 
 applying for a
renewal of his license. As evidence of this 
 fact, the application shall be
accompanied by a 
 certification from the Department of Revenue showing that

 the Department has approved the applicant for registration 
 under the
Retailers' Occupation Tax Act.

  4. A statement that the applicant has complied with 
 the appropriate
liability insurance requirement. A 
 Certificate of Insurance in a solvent
company authorized 
 to do business in the State of Illinois shall be included

 with each application covering each location at which he 
 proposes to act
as a used vehicle dealer. The policy must 
 provide liability coverage in
the minimum amounts of 
 $100,000 for bodily injury to, or death of, any person,

 $300,000 for bodily injury to, or death of, two or more 
 persons in any one
accident, and $50,000 for damage to 
 property. Such policy shall expire
not sooner than 
 December 31 of the year for which the license was issued
or 
 renewed. The expiration of the insurance policy shall not 
 terminate
the liability under the policy arising during 
 the period for which the policy
was filed. Trailer and 
 mobile home dealers are exempt from this requirement.

  If the permitted user has a liability insurance policy 
 that provides
automobile
liability insurance coverage of 
 at least $100,000 for bodily injury to or the
death of any

 person, $300,000 for bodily injury to or the death of any 2 
 or more persons in
any one
accident, and $50,000 for 
 damage to property,
then the permitted user's insurer 
 shall be the primary
insurer and the
dealer's insurer 
 shall be the secondary insurer. If the permitted user does 
 not
have a liability
insurance policy that provides 
 automobile liability insurance coverage of at
least

 $100,000 for bodily injury to or the death of any person, 
 $300,000 for bodily
injury to or
the death of any 2 or more 
 persons in any one accident, and $50,000 for damage
to

 property, or does not have any insurance at all,
then the

 dealer's
insurer shall be the primary insurer and the 
 permitted user's insurer shall be
the secondary
insurer.

  When a permitted user is "test driving" a used vehicle 
 dealer's automobile,
the used vehicle dealer's insurance 
 shall be primary and the permitted user's
insurance shall 
 be secondary.

  As used in this paragraph 4, a "permitted user" is a 
 person who, with the
permission of the used vehicle dealer 
 or an employee of the used vehicle
dealer, drives a 
 vehicle owned and held for sale or lease by the used 
 vehicle
dealer which the person is considering to purchase 
 or lease, in order to
evaluate the performance, 
 reliability, or condition of the vehicle.
The term 
 "permitted user" also includes a person who, with the 
 permission of
the used
vehicle dealer, drives a vehicle 
 owned or held for sale or lease by the used
vehicle dealer

 for loaner purposes while the user's vehicle is being 
 repaired or evaluated.

  As used in this paragraph 4, "test driving" occurs 
 when a permitted user
who,
with the permission of the used 
 vehicle dealer or an employee of the used
vehicle
dealer, 
 drives a vehicle owned and held for sale or lease by a used 
 vehicle
dealer that the person is considering to purchase 
 or lease, in order to
evaluate the performance, 
 reliability, or condition of the
vehicle.

  As used in this paragraph 4, "loaner purposes" means 
 when a person who,
with the permission of the used vehicle 
 dealer, drives a vehicle owned or held
for sale or lease by 
 the used vehicle dealer while the
user's vehicle is being 
 repaired or evaluated.

  5. An application for a used vehicle dealer's license 
 shall be
accompanied by the following license fees:

   (A) $1,000 for applicant's established place of 
 business, and
$50 for
each additional place of 
 business, if any, to which the application
pertains; 
 however, if the application is made after June 15 of 
 any
year, the license fee shall be $500 for 
 applicant's established
place of
business plus $25 for 
 each additional place of business, if any,
to
which 
 the application pertains. License fees shall be 
 returnable only in
the event that the application is 
 denied by
the Secretary of State. Of the money 
 received by the Secretary of State as
license fees 
 under this subparagraph (A) for the 2004 licensing 
 year and thereafter, 95%
shall be deposited into the 
 General Revenue Fund.

   (B) Except for dealers selling 25 or fewer 
 automobiles or as provided in subsection (h) of 
 Section 5-102.7 of this Code, an Annual Dealer 
 Recovery Fund Fee in the amount of $500 for the 
 applicant's established place of business, and $50 for 
 each additional place of business, if any, to which 
 the application pertains; but if the application is 
 made after June 15 of any year, the fee shall be $250 
 for the applicant's established place of business plus 
 $25 for each additional place of business, if any, to 
 which the application pertains. For a license renewal 
 application, the fee shall be based on the amount of 
 automobiles sold in the past year according to the 
 following formula: 
    (1) $0 for dealers selling 25 or less 
 automobiles; 
    (2) $150 for dealers selling more than 25 but 
 less than 200 automobiles; 
    (3) $300 for dealers selling 200 or more 
 automobiles but less than 300 automobiles; and 
    (4) $500 for dealers selling 300 or more 
 automobiles. 
   License fees shall be returnable only in the event 
 that the application is denied by the Secretary of 
 State. Moneys received under this subparagraph (B) 
 shall be deposited into the Dealer Recovery Trust 
 Fund. 
  6. A statement that the applicant's officers, 
 directors, shareholders
having a 10% or greater ownership 
 interest therein, proprietor, partner,
member, officer, 
 director, trustee, manager, or other principals in the

 business have not committed in the past 3 years any one 
 violation as
determined in any civil, criminal, or 
 administrative proceedings of any one
of the following 
 Acts:

   (A) The Anti-Theft Laws of the Illinois Vehicle 
 Code;

   (B) The Certificate of Title Laws of the Illinois 
 Vehicle Code;

   (C) The Offenses against Registration and 
 Certificates of Title
Laws of the Illinois Vehicle 
 Code;

   (D) The Dealers, Transporters, Wreckers and 
 Rebuilders Laws of the
Illinois Vehicle Code;

   (E) Section 21-2 of the Illinois Criminal Code of 
 1961 or the Criminal Code of 2012, Criminal
Trespass 
 to Vehicles; or

   (F) The Retailers' Occupation Tax Act.

  7. A statement that the applicant's officers, 
 directors,
shareholders having a 10% or greater ownership 
 interest therein,
proprietor, partner, member, officer, 
 director, trustee, manager, or
other principals in the 
 business have not committed in any calendar year
3 or more 
 violations, as determined in any civil, or criminal, or

 administrative proceedings, of any one or more of the 
 following Acts:

   (A) The Consumer Finance Act;

   (B) The Consumer Installment Loan Act;

   (C) The Retail Installment Sales Act;

   (D) The Motor Vehicle Retail Installment Sales 
 Act;

   (E) The Interest Act;

   (F) The Illinois Wage Assignment Act;

   (G) Part 8 of Article XII of the Code of Civil 
 Procedure; or

   (H) The Consumer Fraud and Deceptive Business 
 Practices Act.

  7.5. A statement that, within 10 years of application,

 each officer, director, shareholder having a
10% or 
 greater ownership interest therein, proprietor,
partner, 
 member, officer, director, trustee, manager, or
other 
 principal in the business of the applicant has not 
 committed, as determined
in any civil, criminal, or 
 administrative proceeding, in
any calendar year one or 
 more
forcible felonies under the Criminal Code of 1961 or 
 the
Criminal Code of 2012, or a violation of either or both 
 Article 16 or 17 of the Criminal Code of 1961 or a 
 violation of either or both Article 16 or 17 of the 
 Criminal Code of 2012, Article 29B of the Criminal Code of 
 1961 or the Criminal Code of 2012, or a similar 
 out-of-state offense.
For the purposes of this paragraph, 
 "forcible felony" has
the meaning provided in Section 2-8 
 of the Criminal Code
of 2012. 
  8. A bond or Certificate of Deposit in the amount of 
 $50,000 for
each location at which the applicant intends 
 to act as a used vehicle
dealer. The bond shall be for the 
 term of the license, or its renewal, for
which application 
 is made, and shall expire not sooner than December 31 of

 the year for which the license was issued or renewed. The 
 bond shall run
to the People of the State of Illinois, with 
 surety by a bonding or
insurance company authorized to do 
 business in this State. It shall be
conditioned upon the 
 proper transmittal of all title and registration fees
and 
 taxes (excluding taxes under the Retailers' Occupation Tax 
 Act) accepted
by the applicant as a used vehicle dealer.

  9. Such other information concerning the business of 
 the applicant as
the Secretary of State may by rule or 
 regulation prescribe.

  10. A statement that the applicant understands Chapter 
 1 through
Chapter 5 of this Code.

  11. A copy of the certification from the prelicensing 
 education
program. 
  12. The full name, address, and contact information of 
 each of the dealer's agents or legal representatives who 
 is an Illinois resident and liable for the performance of 
 the dealership. 
 (c) Any change which renders no longer accurate any 
information
contained in any application for a used vehicle 
dealer's license shall
be amended within 30 days after the 
occurrence of each change on such
form as the Secretary of 
State may prescribe by rule or regulation,
accompanied by an 
amendatory fee of $2.

 (d) Anything in this Chapter to the contrary 
notwithstanding, no
person shall be licensed as a used vehicle 
dealer unless such person
maintains an established place of 
business as
defined in this Chapter.

 (e) The Secretary of State shall, within a reasonable time 
after
receipt, examine an application submitted to him under 
this Section.
Unless the Secretary makes a determination that 
the application
submitted to him does not conform to this 
Section or that grounds exist
for a denial of the application 
under Section 5-501 of this Chapter, he
must grant the 
applicant an original used vehicle dealer's license in
writing 
for his established place of business and a supplemental 
license
in writing for each additional place of business in 
such form as he may
prescribe by rule or regulation which shall 
include the following:

  1. The name of the person licensed;

  2. If a corporation, the name and address of its 
 officers or if a
sole proprietorship, a partnership, an 
 unincorporated association or any
similar form of business 
 organization, the name and address of the
proprietor or of 
 each partner, member, officer, director, trustee, or

 manager;

  3. In case of an original license, the established 
 place of business
of the licensee;

  4. In the case of a supplemental license, the 
 established place of
business of the licensee and the 
 additional place of business to which such
supplemental 
 license pertains;

  5. The full name, address, and contact information of 
 each of the dealer's agents or legal representatives who 
 is an Illinois resident and liable for the performance of 
 the dealership. 
 (f) The appropriate instrument evidencing the license or a 
certified
copy thereof, provided by the Secretary of State 
shall be kept posted,
conspicuously, in the established place 
of business of the licensee and
in each additional place of 
business, if any, maintained by such
licensee.

 (g) Except as provided in subsection (h) of this Section, 
all used
vehicle dealer's licenses granted under this Section 
expire by operation
of law on December 31 of the calendar year 
for which they are granted
unless sooner revoked or cancelled 
under Section 5-501 of this Chapter.

 (h) A used vehicle dealer's license may be renewed upon 
application
and payment of the fee required herein, and 
submission of proof of
coverage by an approved bond under the 
"Retailers' Occupation Tax Act"
or proof that applicant is not 
subject to such bonding requirements, as
in the case of an 
original license, but in case an application for the
renewal 
of an effective license is made during the month of December,

the effective license shall remain in force until the 
application for
renewal is granted or denied by the Secretary 
of State.

 (i) All persons licensed as a used vehicle dealer are 
required to
furnish each purchaser of a motor vehicle:

  1. A certificate of title properly assigned to the 
 purchaser;

  2. A statement verified under oath that all 
 identifying numbers on
the vehicle agree with those on the 
 certificate of title;

  3. A bill of sale properly executed on behalf of such 
 person;

  4. A copy of the Uniform Invoice-transaction reporting 
 return
referred to in Section 5-402 of this Chapter;

  5. In the case of a rebuilt vehicle, a copy of the 
 Disclosure of Rebuilt
Vehicle Status; and

  6. In the case of a vehicle for which the warranty has 
 been reinstated, a
copy of the warranty.

 (j) A real estate broker holding a valid certificate of 
registration issued
pursuant to "The Real Estate Brokers and 
Salesmen License Act" may engage
in the business of selling or 
dealing in house trailers not his own without
being licensed 
as a used vehicle dealer under this Section; however such

broker shall maintain a record of the transaction including 
the following:

  (1) the name and address of the buyer and seller,

  (2) the date of sale,

  (3) a description of the mobile home, including the 
 vehicle identification
number, make, model, and year, and

  (4) the Illinois certificate of title number.

 The foregoing records shall be available for inspection by 
any officer
of the Secretary of State's Office at any 
reasonable hour.

 (k) Except at the time of sale or repossession of the 
vehicle, no
person licensed as a used vehicle dealer may issue 
any other person a newly
created key to a vehicle unless the 
used vehicle dealer makes a color photocopy or electronic scan 
of the
driver's license or State identification card of the 
person requesting or
obtaining the newly created key. The used 
vehicle dealer must retain the photocopy or scan
for 30 days.

 A used vehicle dealer who violates this subsection (k) is 
guilty of a
petty offense. Violation of this subsection (k) is 
not cause to suspend,
revoke, cancel, or deny renewal of the 
used vehicle dealer's license.
 (l) Used vehicle dealers licensed under this Section shall 
provide the Secretary of State a register for the sale at 
auction of each salvage or junk certificate vehicle. Each 
register shall include the following information:
  1. The year, make, model, style, and color of the 
 vehicle;
  2. The vehicle's manufacturer's identification number 
 or, if applicable, the Secretary of State or Illinois 
 State Police identification number;
  3. The date of acquisition of the vehicle;
  4. The name and address of the person from whom the 
 vehicle was acquired;
  5. The name and address of the person to whom any 
 vehicle was disposed, the person's Illinois license number 
 or if the person is an out-of-state salvage vehicle buyer, 
 the license number from the state or jurisdiction where 
 the buyer is licensed; and
  6. The purchase price of the vehicle.
 The register shall be submitted to the Secretary of State 
via written or electronic means within 10 calendar days from 
the date of the auction. 

 (m) If a licensee under this Section voluntarily 
surrenders a license to the Illinois Secretary of State Police 
or a representative of the Secretary of State Vehicle Services 
Department due to the licensee's inability to adhere to 
recordkeeping provisions, or the inability to properly issue 
certificates of title or registrations under this Code, or the 
Secretary revokes a license under this Section, then the 
licensee and the licensee's agent, designee, or legal 
representative, if applicable, may not be named on a new 
application for a licensee under this Section or under this 
Chapter, nor is the licensee or the licensee's agent, 
designee, or legal representative permitted to work for 
another licensee under this Chapter in a recordkeeping, 
management, or financial position or as an employee who 
handles certificate of title and registration documents and 
applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 10-15-21.)




 (625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)



 Sec. 5-402.1. Use of Secretary of State Uniform Invoice 
for Essential
Parts.
 (a) Except for scrap processors, every person licensed or 
required
to be licensed under Section 5-101, 5-101.1, 5-102, 
5-102.8, or 5-301 of this Code
shall
issue, in a form the 
Secretary of State may by rule or regulation
prescribe, a 
Uniform Invoice, which may also act as a bill of sale, with 
respect to each transaction in which he disposes of
an 
essential part other than quarter panels and transmissions of 
vehicles
of the first division. Such Invoice shall be made out 
at the time of the
disposition of the essential part. If the 
licensee disposes of several
essential parts in the same 
transaction, the licensee may issue one Uniform
Invoice 
covering all essential parts disposed of in that transaction.

 (b) The following information shall be contained on the 
Uniform Invoice:

  (1) the business name, address, and dealer license 
 number of the person
disposing of the essential part;

  (2) the name and address of the person acquiring the 
 essential part,
and if that person is a dealer, the 
 Illinois or out-of-state dealer license
number of that 
 dealer;

  (3) the date of the disposition of the essential part;

  (4) the year, make, model, color, and description of 
 each essential part
disposed of by the person;

  (5) the manufacturer's vehicle identification number, 
 Secretary of State
identification
number, or Illinois 
 State Police identification number,
for each essential

 part disposed of by the person;

  (6) the printed name and legible signature of the 
 person or agent disposing of the
essential part; and

  (7) if the person is a dealer the printed name and 
 legible
signature of the dealer or his agent or employee 
 accepting
delivery of
the essential part.

 (c) Except for scrap processors, and except as set forth 
in subsection
(d) of this Section, whenever a person licensed 
or
required to be licensed by Section
5-101, 5-101.1, 5-102, 
or 5-301 accepts delivery of an essential
part, other than 
quarter panels and transmissions of vehicles of the
first 
division, that person shall, at the time of the acceptance or

delivery, comply
with the following procedures:

  (1) Before acquiring or accepting delivery of any

 essential part, the licensee or
his authorized agent or 
 employee shall inspect the part to determine
whether the 
 vehicle identification number, Secretary of State

 identification number, Illinois State Police

 identification number, or identification plate or sticker 
 attached to or
stamped on any part being acquired or 
 delivered has been removed,
falsified, altered, defaced, 
 destroyed, or tampered with. If the licensee
or his agent 
 or employee determines that the vehicle identification 
 number,
Secretary of State identification number, Illinois 
 State
Police identification number, identification plate 
 or identification
sticker containing an identification 
 number, or Federal Certificate label
of an essential part 
 has been removed, falsified, altered, defaced,
destroyed, 
 or tampered with, the licensee or agent shall not accept 
 or receive
that part.

  If that part was physically acquired by or delivered 
 to a licensee or
his agent or employee while that 
 licensee, agent, or employee was outside
this State, that 
 licensee or agent or employee shall not bring that

 essential part into this State or cause it to be brought 
 into this State.

  (2) If the person disposing of or delivering the 
 essential part to
the licensee is a licensed in-state or 
 out-of-state dealer, the licensee or
his agent or 
 employee, after inspecting the essential part as required 
 by
paragraph (1) of this subsection (c), shall examine the 
 Uniform Invoice, or
bill of sale, as the case may be, to 
 ensure that it contains all the
information required to be 
 provided by persons disposing
of essential parts as set 
 forth in subsection (b) of this Section. If the
Uniform 
 Invoice or bill of sale does not contain all the 
 information
required to be listed by subsection (b) of 
 this Section, the dealer
disposing of or delivering such 
 part or his agent or employee shall record
such additional 
 information or other needed modifications on the Uniform

 Invoice or bill of sale or, if needed, an attachment 
 thereto. The dealer
or his agent or employee delivering 
 the essential part shall initial all
additions or 
 modifications to the Uniform Invoice or bill of sale and

 legibly print his name at the bottom of each document 
 containing his
initials. If the transaction involves a 
 bill of sale rather
than a Uniform Invoice, the licensee 
 or his agent or employee accepting
delivery of or 
 acquiring the essential part shall affix his printed name

 and legible signature on the space on the bill of sale 
 provided for his
signature or, if no space is provided, on 
 the back of the bill of sale.
If the dealer or his agent or

 employee disposing of or delivering the essential part 
 cannot or does
not provide all the information required by

 subsection (b) of this Section, the licensee or his agent 
 or employee shall
not accept or receive any essential part 
 for which that required
information is not provided. If 
 such essential part for which the
information required is 
 not fully provided was physically acquired while
the 
 licensee or his agent or employee was outside this State, 
 the licensee
or his agent or employee shall not bring that 
 essential part into this
State or cause it to be brought 
 into this State.

  (3) If the person disposing of the essential part is 
 not a licensed
dealer, the licensee or his agent or 
 employee shall, after inspecting the
essential part as 
 required by paragraph (1) of subsection (c) of this

 Section verify the identity of the person disposing of
the 
 essential part
by examining 2 sources of identification, 
 one of which shall be either a
driver's license or state 
 identification card. The licensee or his agent
or employee 
 shall then prepare a Uniform Invoice listing all the

 information required to be provided by subsection (b) of 
 this Section. In
the space on the Uniform Invoice provided 
 for the dealer license number of
the person disposing of 
 the part, the licensee or his agent or employee
shall list 
 the numbers taken from the documents of identification 
 provided
by the person disposing of the part. The person

 disposing of the part
shall affix his printed name and 
 legible signature on the space on the
Uniform Invoice 
 provided for the person disposing of the
essential part 
 and
the licensee or his agent or employee acquiring the 
 part shall affix his
printed name and legible signature on 
 the space provided on the Uniform
Invoice for the person 
 acquiring the essential part. If the person
disposing of 
 the essential part cannot or does not provide all the

 information required to be provided by this paragraph, or 
 does not present
2 satisfactory forms of identification, 
 the licensee or his agent or
employee shall not acquire 
 that essential part.

 (d) If an essential part other than quarter panels and

transmissions of vehicles of the first division was delivered 
by a licensed commercial
delivery service delivering such part 
on behalf of a licensed dealer, the
person required to comply 
with subsection (c) of this Section may conduct
the inspection 
of that part required by paragraph (1) of subsection (c) and 
examination
of the Uniform Invoice or bill of sale required by 
paragraph (2) of subsection (c) of
this Section immediately 
after the acceptance of the part.

  (1) If the inspection of the essential part pursuant 
 to paragraph (1) of subsection
(c) reveals that the 
 vehicle identification number, Secretary of State

 identification number, Illinois State Police 
 identification
number, identification plate or sticker 
 containing an identification
number, or Federal 
 Certificate label of an essential part has been removed,

 falsified, altered, defaced, destroyed, or tampered with, 
 the licensee or
his agent shall immediately record such 
 fact on the Uniform Invoice or bill
of sale, assign the 
 part an inventory or stock number, place such inventory
or 
 stock number on both the essential part and the Uniform 
 Invoice or bill
of sale, and record the date of the 
 inspection of the part on the Uniform
Invoice or bill of 
 sale.
The licensee shall, within 7 days of such 
 inspection, return such part to
the dealer from whom it 
 was acquired.

  (2) If the examination of the Uniform Invoice or bill 
 of sale pursuant
to paragraph (2) of subsection (c) 
 reveals that any of the information required to be
listed 
 by subsection (b) of this Section is missing, the licensee 
 or person
required to be licensed shall immediately assign 
 a stock or inventory
number to such part, place such stock 
 or inventory number on both the
essential part and the 
 Uniform Invoice or bill of sale, and record the date
of 
 examination on the Uniform Invoice or bill of sale. The 
 licensee or
person required to be licensed shall acquire 
 the information missing from
the Uniform Invoice or bill 
 of sale within 7 days of the examination of
such Uniform 
 Invoice or bill of sale. Such information may be received 
 by
telephone conversation with the dealer from whom the 
 part was acquired. If
the dealer provides the missing 
 information the licensee shall record such
information on 
 the Uniform Invoice or bill of sale along with the name of

 the person providing the information. If the dealer does 
 not provide the
required information within the 
 aforementioned 7-day 7 day period, the licensee
shall 
 return the part to that dealer.

 (e) Except for scrap processors, all persons licensed or 
required to
be licensed who acquire or
dispose of essential 
parts other than quarter panels and transmissions of
vehicles 
of the first division shall retain a copy of the Uniform 
Invoice
required to be made by subsections (a), (b), and (c) of 
this Section for a
period of 3 years.

 (f) Except for scrap processors, any person licensed or 
required to
be licensed under Section Sections 5-101,
5-102, 
or 5-301 who knowingly fails to record on a Uniform Invoice any 
of the
information or entries required to be recorded by 
subsections (a), (b), and
(c) of this Section, or who 
knowingly places false entries or other misleading
information 
on such Uniform Invoice, or who knowingly fails to retain for 3 
years a
copy of a Uniform Invoice reflecting transactions 
required to be recorded
by subsections (a), (b), and (c) of 
this Section, or who knowingly acquires or
disposes of 
essential parts without receiving, issuing, or executing a

Uniform Invoice reflecting that transaction as required by 
subsections (a),
(b), and (c) of this Section, or who brings or 
causes to be brought into
this State essential parts for which 
the information required to be
recorded on a Uniform Invoice 
is not recorded as prohibited by subsection
(c) of this 
Section, or who knowingly fails to comply with the provisions 
of
this
Section in any other manner shall be guilty of a Class 
2 felony. Each
violation shall constitute a separate and 
distinct offense and a separate
count may be brought in the 
same indictment or information for each
essential part for 
which a record was not kept as required by this Section
or for 
which the person failed to comply with other provisions of 
this
Section.

 (g) The records required to be kept by this Section
may be 
examined by a person or persons making a lawful
inspection of 
the licensee's premises pursuant to Section 5-403.

 (h) The records required to be kept by this Section shall 
be retained by
the licensee at his principal place of business 
for a period of 3 years.

 (i) The requirements of this Section shall not apply to 
the disposition
of an essential part other than a cowl which 
has been damaged or altered to
a state in which it can no 
longer be returned to a usable condition and
which is being 
sold or transferred to a scrap processor or for delivery to
a 
scrap processor.

(Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 9-21-21.)



 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)

 
 Sec. 6-106.1. School bus driver permit.

 (a) The Secretary of State shall issue a school bus driver

permit to those applicants who have met all the requirements 
of the
application and screening process under this Section to 
insure the
welfare and safety of children who are transported 
on school buses
throughout the State of Illinois. Applicants 
shall obtain the
proper application required by the Secretary 
of State from their
prospective or current employer and submit 
the completed
application to the prospective or current 
employer along
with the necessary fingerprint submission as 
required by the Illinois
State Police to conduct fingerprint 
based criminal background
checks on current and future 
information available in the state
system and current 
information available through the Federal Bureau
of 
Investigation's system. Applicants who have completed the

fingerprinting requirements shall not be subjected to the

fingerprinting process when applying for subsequent permits or

submitting proof of successful completion of the annual 
refresher
course. Individuals who on July 1, 1995 (the 
effective date of Public Act 88-612) possess a valid
school 
bus driver permit that has been previously issued by the 
appropriate
Regional School Superintendent are not subject to 
the fingerprinting
provisions of this Section as long as the 
permit remains valid and does not
lapse. The applicant shall 
be required to pay all related
application and fingerprinting 
fees as established by rule
including, but not limited to, the 
amounts established by the Illinois
State Police and the 
Federal Bureau of Investigation to process
fingerprint based 
criminal background investigations. All fees paid for

fingerprint processing services under this Section shall be 
deposited into the
State Police Services Fund for the cost 
incurred in processing the fingerprint
based criminal 
background investigations. All other fees paid under this

Section shall be deposited into the Road
Fund for the purpose 
of defraying the costs of the Secretary of State in

administering this Section. All applicants must:


  1. be 21 years of age or older;


  2. possess a valid and properly classified driver's 
 license
issued by the Secretary of State;


  3. possess a valid driver's license, which has not 
 been
revoked, suspended, or canceled for 3 years 
 immediately prior to
the date of application, or have not 
 had his or her commercial motor vehicle
driving privileges

 disqualified within the 3 years immediately prior to the 
 date of application;


  4. successfully pass a written test, administered by 
 the
Secretary of State, on school bus operation, school 
 bus safety, and
special traffic laws relating to school 
 buses and submit to a review
of the applicant's driving 
 habits by the Secretary of State at the time the
written 
 test is given;


  5. demonstrate ability to exercise reasonable care in 
 the operation of
school buses in accordance with rules 
 promulgated by the Secretary of State;


  6. demonstrate physical fitness to operate school 
 buses by
submitting the results of a medical examination, 
 including tests for drug
use for each applicant not 
 subject to such testing pursuant to
federal law, conducted 
 by a licensed physician, a licensed advanced practice 
 registered nurse, or a licensed physician assistant
within 
 90 days of the date
of application according to standards 
 promulgated by the Secretary of State;


  7. affirm under penalties of perjury that he or she 
 has not made a
false statement or knowingly concealed a 
 material fact
in any application for permit;


  8. have completed an initial classroom course, 
 including first aid
procedures, in school bus driver 
 safety as promulgated by the Secretary of
State; and after 
 satisfactory completion of said initial course an annual

 refresher course; such courses and the agency or 
 organization conducting such
courses shall be approved by 
 the Secretary of State; failure to
complete the annual 
 refresher course, shall result in
cancellation of the 
 permit until such course is completed;


  9. not have been under an order of court supervision 
 for or convicted of 2 or more serious traffic offenses, as

 defined by rule, within one year prior to the date of 
 application that may
endanger the life or safety of any of 
 the driver's passengers within the
duration of the permit 
 period;


  10. not have been under an order of court supervision 
 for or convicted of reckless driving, aggravated reckless 
 driving, driving while under the influence of alcohol, 
 other drug or drugs, intoxicating compound or compounds or 
 any combination thereof, or reckless homicide resulting 
 from the operation of a motor
vehicle within 3 years of the 
 date of application;


  11. not have been convicted of committing or 
 attempting
to commit any
one or more of the following 
 offenses: (i) those offenses defined in
Sections 8-1, 
 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 
 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 
 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 
 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 
 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 
 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,

 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 
 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 
 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,

 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, 
 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, 
 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, 
 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,

 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 
 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 
 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,

 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), 
 of Section 24-3, and those offenses contained in Article 
 29D of the Criminal Code of 1961 or the Criminal Code of 
 2012; (ii) those offenses defined in the
Cannabis Control 
 Act except those offenses defined in subsections (a) and

 (b) of Section 4, and subsection (a) of Section 5 of the 
 Cannabis Control
Act; (iii) those offenses defined in the 
 Illinois Controlled Substances
Act; (iv) those offenses 
 defined in the Methamphetamine Control and Community 
 Protection Act; and (v) 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 be punishable as one or more of the foregoing 
 offenses; (vi)
the offenses defined in Section 4.1 and 5.1 
 of the Wrongs to Children Act or Section 11-9.1A of the 
 Criminal Code of 1961 or the Criminal Code of 2012; (vii) 
 those offenses defined in Section 6-16 of the Liquor 
 Control Act of
1934;
and (viii) those offenses defined in 
 the Methamphetamine Precursor Control Act;

  12. not have been repeatedly involved as a driver in 
 motor vehicle
collisions or been repeatedly convicted of 
 offenses against
laws and ordinances regulating the 
 movement of traffic, to a degree which
indicates lack of 
 ability to exercise ordinary and reasonable care in the

 safe operation of a motor vehicle or disrespect for the 
 traffic laws and
the safety of other persons upon the 
 highway;


  13. not have, through the unlawful operation of a 
 motor
vehicle, caused an accident resulting in the death 
 of any person;


  14. not have, within the last 5 years, been adjudged 
 to be
afflicted with or suffering from any mental 
 disability or disease;


  15. consent, in writing, to the release of results of 
 reasonable suspicion drug and alcohol testing under 
 Section 6-106.1c of this Code by the employer of the 
 applicant to the Secretary of State; and
  16. not have been convicted of committing or 
 attempting to commit within the last 20 years: (i) an 
 offense defined in subsection (c) of Section 4, subsection 
 (b) of Section 5, and subsection (a) of Section 8 of the 
 Cannabis Control Act; or (ii) any offenses in any other 
 state or against the laws of the United States that, if 
 committed or attempted in this State, would be punishable 
 as one or more of the foregoing offenses. 
 (b) A school bus driver permit shall be valid for a period 
specified by
the Secretary of State as set forth by rule. It 
shall be renewable upon compliance with subsection (a) of this

Section.


 (c) A school bus driver permit shall contain the holder's 
driver's
license number, legal name, residence address, zip 
code, and date
of birth, a brief description of the holder and 
a space for signature. The
Secretary of State may require a 
suitable photograph of the holder.


 (d) The employer shall be responsible for conducting a 
pre-employment
interview with prospective school bus driver 
candidates, distributing school
bus driver applications and 
medical forms to be completed by the applicant, and
submitting 
the applicant's fingerprint cards to the Illinois State Police

that are required for the criminal background investigations. 
The employer
shall certify in writing to the Secretary of 
State that all pre-employment
conditions have been 
successfully completed including the successful completion
of 
an Illinois specific criminal background investigation through 
the Illinois
State Police and the submission of necessary

fingerprints to the Federal Bureau of Investigation for 
criminal
history information available through the Federal 
Bureau of
Investigation system. The applicant shall present 
the
certification to the Secretary of State at the time of 
submitting
the school bus driver permit application.


 (e) Permits shall initially be provisional upon receiving

certification from the employer that all pre-employment 
conditions
have been successfully completed, and upon 
successful completion of
all training and examination 
requirements for the classification of
the vehicle to be 
operated, the Secretary of State shall
provisionally issue a 
School Bus Driver Permit. The permit shall
remain in a 
provisional status pending the completion of the
Federal 
Bureau of Investigation's criminal background investigation 
based
upon fingerprinting specimens submitted to the Federal 
Bureau of
Investigation by the Illinois State Police. The 
Federal Bureau of
Investigation shall report the findings 
directly to the Secretary
of State. The Secretary of State 
shall remove the bus driver
permit from provisional status 
upon the applicant's successful
completion of the Federal 
Bureau of Investigation's criminal
background investigation.


 (f) A school bus driver permit holder shall notify the

employer and the Secretary of State if he or she is issued an 
order of court supervision for or convicted in
another state 
of an offense that would make him or her ineligible
for a 
permit under subsection (a) of this Section. The
written 
notification shall be made within 5 days of the entry of
the 
order of court supervision or conviction. Failure of the 
permit holder to provide the
notification is punishable as a 
petty
offense for a first violation and a Class B misdemeanor 
for a
second or subsequent violation.


 (g) Cancellation; suspension; notice and procedure.


  (1) The Secretary of State shall cancel a school bus

 driver permit of an applicant whose criminal background 
 investigation
discloses that he or she is not in 
 compliance with the provisions of subsection
(a) of this 
 Section.


  (2) The Secretary of State shall cancel a school
bus 
 driver permit when he or she receives notice that the 
 permit holder fails
to comply with any provision of this 
 Section or any rule promulgated for the
administration of 
 this Section.


  (3) The Secretary of State shall cancel a school bus

 driver permit if the permit holder's restricted commercial 
 or
commercial driving privileges are withdrawn or 
 otherwise
invalidated.


  (4) The Secretary of State may not issue a school bus

 driver permit for a period of 3 years to an applicant who 
 fails to
obtain a negative result on a drug test as 
 required in item 6 of
subsection (a) of this Section or 
 under federal law.


  (5) The Secretary of State shall forthwith suspend
a 
 school bus driver permit for a period of 3 years upon 
 receiving
notice that the holder has failed to obtain a 
 negative result on a
drug test as required in item 6 of 
 subsection (a) of this Section
or under federal law.


  (6) The Secretary of State shall suspend a school bus 
 driver permit for a period of 3 years upon receiving 
 notice from the employer that the holder failed to perform 
 the inspection procedure set forth in subsection (a) or 
 (b) of Section 12-816 of this Code. 
  (7) The Secretary of State shall suspend a school bus 
 driver permit for a period of 3 years upon receiving 
 notice from the employer that the holder refused to submit 
 to an alcohol or drug test as required by Section 6-106.1c 
 or has submitted to a test required by that Section which 
 disclosed an alcohol concentration of more than 0.00 or 
 disclosed a positive result on a National Institute on 
 Drug Abuse five-drug panel, utilizing federal standards 
 set forth in 49 CFR 40.87. 
 The Secretary of State shall notify the State 
Superintendent
of Education and the permit holder's 
prospective or current
employer that the applicant has (1) has 
failed a criminal
background investigation or (2) is no
longer 
eligible for a school bus driver permit; and of the related

cancellation of the applicant's provisional school bus driver 
permit. The
cancellation shall remain in effect pending the 
outcome of a
hearing pursuant to Section 2-118 of this Code. 
The scope of the
hearing shall be limited to the issuance 
criteria contained in
subsection (a) of this Section. A 
petition requesting a
hearing shall be submitted to the 
Secretary of State and shall
contain the reason the individual 
feels he or she is entitled to a
school bus driver permit. The 
permit holder's
employer shall notify in writing to the 
Secretary of State
that the employer has certified the removal 
of the offending school
bus driver from service prior to the 
start of that school bus
driver's next workshift. An employing 
school board that fails to
remove the offending school bus 
driver from service is
subject to the penalties defined in 
Section 3-14.23 of the School Code. A
school bus
contractor 
who violates a provision of this Section is
subject to the 
penalties defined in Section 6-106.11.


 All valid school bus driver permits issued under this 
Section
prior to January 1, 1995, shall remain effective until 
their
expiration date unless otherwise invalidated.


 (h) When a school bus driver permit holder who is a service 
member is called to active duty, the employer of the permit 
holder shall notify the Secretary of State, within 30 days of 
notification from the permit holder, that the permit holder 
has been called to active duty. Upon notification pursuant to 
this subsection, (i) the Secretary of State shall characterize 
the permit as inactive until a permit holder renews the permit 
as provided in subsection (i) of this Section, and (ii) if a 
permit holder fails to comply with the requirements of this 
Section while called to active duty, the Secretary of State 
shall not characterize the permit as invalid. 
 (i) A school bus driver permit holder who is a service 
member returning from active duty must, within 90 days, renew 
a permit characterized as inactive pursuant to subsection (h) 
of this Section by complying with the renewal requirements of 
subsection (b) of this Section. 
 (j) For purposes of subsections (h) and (i) of this 
Section: 
 "Active duty" means active duty pursuant to an executive 
order of the President of the United States, an act of the 
Congress of the United States, or an order of the Governor. 
 "Service member" means a member of the Armed Services or 
reserve forces of the United States or a member of the Illinois 
National Guard. 
 (k) A private carrier employer of a school bus driver 
permit holder, having satisfied the employer requirements of 
this Section, shall be held to a standard of ordinary care for 
intentional acts committed in the course of employment by the 
bus driver permit holder. This subsection (k) shall in no way 
limit the liability of the private carrier employer for 
violation of any provision of this Section or for the 
negligent hiring or retention of a school bus driver permit 
holder. 
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; 
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised 
10-13-21.)

 (625 ILCS 5/6-107.5)
 Sec. 6-107.5. Adult Driver Education Course.
 (a) The Secretary shall establish by rule the curriculum 
and designate the materials to be used in an adult driver 
education course. The course shall be at least 6 hours in 
length and shall include instruction on traffic laws; highway 
signs, signals, and markings that regulate, warn, or direct 
traffic; issues commonly associated with motor vehicle 
accidents including poor decision-making, risk taking, 
impaired driving, distraction, speed, failure to use a safety 
belt, driving at night, failure to yield the right-of-way, 
texting while driving, using wireless communication devices, 
and alcohol and drug awareness; and instruction on law 
enforcement procedures during traffic stops, including actions 
that a motorist should take during a traffic stop and 
appropriate interactions with law enforcement officers. The 
curriculum shall not require the operation of a motor vehicle.
 (b) The Secretary shall certify course providers. The 
requirements to be a certified course provider, the process 
for applying for certification, and the procedure for 
decertifying a course provider shall be established by rule.
 (b-5) In order to qualify for certification as an adult 
driver education course provider, each applicant must 
authorize an investigation that includes a fingerprint-based 
background check to determine if the applicant has ever been 
convicted of a criminal offense and, if so, the disposition of 
any conviction. This authorization shall indicate the scope of 
the inquiry and the agencies that may be contacted. Upon 
receiving this authorization, the Secretary of State may 
request and receive information and assistance from any 
federal, State, or local governmental agency as part of the 
authorized investigation. Each applicant shall submit his or 
her fingerprints to the Illinois State Police in the form and 
manner prescribed by the Illinois State Police. These 
fingerprints shall be checked against fingerprint records now 
and hereafter filed in the Illinois State Police and Federal 
Bureau of Investigation criminal history record databases. The 
Illinois State Police shall charge applicants a fee for 
conducting the criminal history record check, which shall be 
deposited into the State Police Services Fund and shall not 
exceed the actual cost of the State and national criminal 
history record check. The Illinois State Police shall furnish, 
pursuant to positive identification, records of Illinois 
criminal convictions to the Secretary and shall forward the 
national criminal history record information to the Secretary. 
Applicants shall pay any other fingerprint-related fees. 
Unless otherwise prohibited by law, the information derived 
from the investigation, including the source of the 
information and any conclusions or recommendations derived 
from the information by the Secretary of State, shall be 
provided to the applicant upon request to the Secretary of 
State prior to any final action by the Secretary of State on 
the application. Any criminal conviction information obtained 
by the Secretary of State shall be confidential and may not be 
transmitted outside the Office of the Secretary of State, 
except as required by this subsection (b-5), and may not be 
transmitted to anyone within the Office of the Secretary of 
State except as needed for the purpose of evaluating the 
applicant. At any administrative hearing held under Section 
2-118 of this Code relating to the denial, cancellation, 
suspension, or revocation of certification of an adult driver 
education course provider, the Secretary of State may utilize 
at that hearing any criminal history, criminal conviction, and 
disposition information obtained under this subsection (b-5). 
The information obtained from the investigation may be 
maintained by the Secretary of State or any agency to which the 
information was transmitted. Only information and standards 
which bear a reasonable and rational relation to the 
performance of providing adult driver education shall be used 
by the Secretary of State. Any employee of the Secretary of 
State who gives or causes to be given away any confidential 
information concerning any criminal convictions or disposition 
of criminal convictions of an applicant shall be guilty of a 
Class A misdemeanor unless release of the information is 
authorized by this Section. 
 (c) The Secretary may permit a course provider to offer 
the course online, if the Secretary is satisfied the course 
provider has established adequate procedures for verifying:
  (1) the identity of the person taking the course 
 online; and
  (2) the person completes the entire course.
 (d) The Secretary shall establish a method of electronic 
verification of a student's successful completion of the 
course.
 (e) The fee charged by the course provider must bear a 
reasonable relationship to the cost of the course. The 
Secretary shall post on the Secretary of State's website a 
list of approved course providers, the fees charged by the 
providers, and contact information for each provider. 
 (f) In addition to any other fee charged by the course 
provider, the course provider shall collect a fee of $5 from 
each student to offset the costs incurred by the Secretary in 
administering this program. The $5 shall be submitted to the 
Secretary within 14 days of the day on which it was collected. 
All such fees received by the Secretary shall be deposited in 
the Secretary of State Driver Services Administration Fund.

(Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-12-21.)



 (625 ILCS 5/6-206)


 Sec. 6-206. Discretionary authority to suspend or revoke 
license or
permit; right to a hearing.

 (a) The Secretary of State is authorized to suspend or 
revoke the
driving privileges of any person without 
preliminary hearing upon a showing
of the person's records or 
other sufficient evidence that
the person:

  1. Has committed an offense for which mandatory 
 revocation of
a driver's license or permit is required 
 upon conviction;

  2. Has been convicted of not less than 3 offenses 
 against traffic
regulations governing the movement of 
 vehicles committed within any 12-month period. No 
 revocation or suspension shall be entered more than
6 
 months after the date of last conviction;

  3. Has been repeatedly involved as a driver in motor 
 vehicle
collisions or has been repeatedly convicted of 
 offenses against laws and
ordinances regulating the 
 movement of traffic, to a degree that
indicates lack of 
 ability to exercise ordinary and reasonable care in
the 
 safe operation of a motor vehicle or disrespect for the 
 traffic laws
and the safety of other persons upon the 
 highway;

  4. Has by the unlawful operation of a motor vehicle 
 caused or
contributed to an accident resulting in injury 
 requiring
immediate professional treatment in a medical 
 facility or doctor's office
to any person, except that any 
 suspension or revocation imposed by the
Secretary of State 
 under the provisions of this subsection shall start no

 later than 6 months after being convicted of violating a 
 law or
ordinance regulating the movement of traffic, which 
 violation is related
to the accident, or shall start not 
 more than one year
after
the date of the accident, 
 whichever date occurs later;

  5. Has permitted an unlawful or fraudulent use of a 
 driver's
license, identification card, or permit;

  6. Has been lawfully convicted of an offense or 
 offenses in another
state, including the authorization 
 contained in Section 6-203.1, which
if committed within 
 this State would be grounds for suspension or revocation;

  7. Has refused or failed to submit to an examination 
 provided for by
Section 6-207 or has failed to pass the 
 examination;

  8. Is ineligible for a driver's license or permit 
 under the provisions
of Section 6-103;

  9. Has made a false statement or knowingly concealed a 
 material fact
or has used false information or 
 identification in any application for a
license, 
 identification card, or permit;

  10. Has possessed, displayed, or attempted to 
 fraudulently use any
license, identification card, or 
 permit not issued to the person;

  11. Has operated a motor vehicle upon a highway of 
 this State when
the person's driving privilege or 
 privilege to obtain a driver's license
or permit was 
 revoked or suspended unless the operation was authorized 
 by
a monitoring device driving permit, judicial driving 
 permit issued prior to January 1, 2009, probationary 
 license to drive, or restricted
driving permit issued 
 under this Code;

  12. Has submitted to any portion of the application 
 process for
another person or has obtained the services of 
 another person to submit to
any portion of the application 
 process for the purpose of obtaining a
license, 
 identification card, or permit for some other person;

  13. Has operated a motor vehicle upon a highway of 
 this State when
the person's driver's license or permit 
 was invalid under the provisions of
Sections 6-107.1 and

 6-110;

  14. Has committed a violation of Section 6-301, 
 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or 
 14B of the Illinois Identification Card
Act;

  15. Has been convicted of violating Section 21-2 of 
 the Criminal Code
of 1961 or the Criminal Code of 2012 
 relating to criminal trespass to vehicles if the person 
 exercised actual physical control over the vehicle during 
 the commission of the offense, in which case the 
 suspension
shall be for one year;

  16. Has been convicted of violating Section 11-204 of 
 this Code relating
to fleeing from a peace officer;

  17. Has refused to submit to a test, or tests, as 
 required under Section
11-501.1 of this Code and the 
 person has not sought a hearing as
provided for in Section 
 11-501.1;

  18. (Blank);

  19. Has committed a violation of paragraph (a) or (b) 
 of Section 6-101
relating to driving without a driver's 
 license;

  20. Has been convicted of violating Section 6-104 
 relating to
classification of driver's license;

  21. Has been convicted of violating Section 11-402 of

 this Code relating to leaving the scene of an accident 
 resulting in damage
to a vehicle in excess of $1,000, in 
 which case the suspension shall be
for one year;

  22. Has used a motor vehicle in violating paragraph 
 (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
 the Criminal Code of 1961 or the Criminal Code of 2012 
 relating
to unlawful use of weapons, in which case the 
 suspension shall be for one
year;

  23. Has, as a driver, been convicted of committing a 
 violation of
paragraph (a) of Section 11-502 of this Code 
 for a second or subsequent
time within one year of a 
 similar violation;

  24. Has been convicted by a court-martial or punished 
 by non-judicial
punishment by military authorities of the 
 United States at a military
installation in Illinois or in 
 another state of or for a traffic-related offense that is 
 the
same as or similar to an offense specified under 
 Section 6-205 or 6-206 of
this Code;

  25. Has permitted any form of identification to be 
 used by another in
the application process in order to 
 obtain or attempt to obtain a license,
identification 
 card, or permit;

  26. Has altered or attempted to alter a license or has 
 possessed an
altered license, identification card, or 
 permit;

  27. (Blank);

  28. Has been convicted for a first time of the illegal 
 possession, while operating or
in actual physical control, 
 as a driver, of a motor vehicle, of any
controlled 
 substance prohibited under the Illinois Controlled 
 Substances
Act, any cannabis prohibited under the Cannabis 
 Control
Act, or any methamphetamine prohibited under the 
 Methamphetamine Control and Community Protection Act, in 
 which case the person's driving privileges shall be 
 suspended for
one year.
Any defendant found guilty of this 
 offense while operating a motor vehicle
shall have an 
 entry made in the court record by the presiding judge that

 this offense did occur while the defendant was operating a 
 motor vehicle
and order the clerk of the court to report 
 the violation to the Secretary
of State;

  29. Has been convicted of the following offenses that 
 were committed
while the person was operating or in actual 
 physical control, as a driver,
of a motor vehicle: 
 criminal sexual assault,
predatory criminal sexual assault 
 of a child,
aggravated criminal sexual
assault, criminal 
 sexual abuse, aggravated criminal sexual abuse, juvenile

 pimping, soliciting for a juvenile prostitute, promoting 
 juvenile prostitution as described in subdivision (a)(1), 
 (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code 
 of 1961 or the Criminal Code of 2012, and the manufacture, 
 sale or
delivery of controlled substances or instruments 
 used for illegal drug use
or abuse in which case the 
 driver's driving privileges shall be suspended
for one 
 year;

  30. Has been convicted a second or subsequent time for 
 any
combination of the offenses named in paragraph 29 of 
 this subsection,
in which case the person's driving 
 privileges shall be suspended for 5
years;

  31. Has refused to submit to a test as
required by 
 Section 11-501.6 of this Code or Section 5-16c of the Boat 
 Registration and Safety Act or has submitted to a test 
 resulting in
an alcohol concentration of 0.08 or more or 
 any amount of a drug, substance, or
compound resulting 
 from the unlawful use or consumption of cannabis as listed

 in the Cannabis Control Act, a controlled substance as 
 listed in the Illinois
Controlled Substances Act, an 
 intoxicating compound as listed in the Use of
Intoxicating 
 Compounds Act, or methamphetamine as listed in the 
 Methamphetamine Control and Community Protection Act, in 
 which case the penalty shall be
as prescribed in Section 
 6-208.1;

  32. Has been convicted of Section 24-1.2 of the 
 Criminal Code of
1961 or the Criminal Code of 2012 
 relating to the aggravated discharge of a firearm if the 
 offender was
located in a motor vehicle at the time the 
 firearm was discharged, in which
case the suspension shall 
 be for 3 years;

  33. Has as a driver, who was less than 21 years of age 
 on the date of
the offense, been convicted a first time of 
 a violation of paragraph (a) of
Section 11-502 of this 
 Code or a similar provision of a local ordinance;

  34. Has committed a violation of Section 11-1301.5 of 
 this Code or a similar provision of a local ordinance;

  35. Has committed a violation of Section 11-1301.6 of 
 this Code or a similar provision of a local ordinance;

  36. Is under the age of 21 years at the time of arrest 
 and has been
convicted of not less than 2 offenses against 
 traffic regulations governing
the movement of vehicles 
 committed within any 24-month period. No revocation
or 
 suspension shall be entered more than 6 months after the 
 date of last
conviction;

  37. Has committed a violation of subsection (c) of 
 Section 11-907 of this
Code that resulted in damage to the 
 property of another or the death or injury of another;

  38. Has been convicted of a violation of Section 6-20 
 of the Liquor
Control Act of 1934 or a similar provision of 
 a local ordinance and the person was an occupant of a motor 
 vehicle at the time of the violation;

  39. Has committed a second or subsequent violation of 
 Section
11-1201 of this Code;

  40. Has committed a violation of subsection (a-1) of 
 Section 11-908 of
this Code;
  41. Has committed a second or subsequent violation of 
 Section 11-605.1 of this Code, a similar provision of a 
 local ordinance, or a similar violation in any other state 
 within 2 years of the date of the previous violation, in 
 which case the suspension shall be for 90 days;
  42. Has committed a violation of subsection (a-1) of 
 Section 11-1301.3 of this Code or a similar provision of a 
 local ordinance;

  43. Has received a disposition of court supervision 
 for a violation of subsection (a), (d), or (e) of Section 
 6-20 of the Liquor
Control Act of 1934 or a similar 
 provision of a local ordinance and the person was an 
 occupant of a motor vehicle at the time of the violation, 
 in which case the suspension shall be for a period of 3 
 months;

  44.
Is under the age of 21 years at the time of arrest 
 and has been convicted of an offense against traffic 
 regulations governing the movement of vehicles after 
 having previously had his or her driving privileges

 suspended or revoked pursuant to subparagraph 36 of this 
 Section;
  45.
Has, in connection with or during the course of a 
 formal hearing conducted under Section 2-118 of this Code: 
 (i) committed perjury; (ii) submitted fraudulent or 
 falsified documents; (iii) submitted documents that have 
 been materially altered; or (iv) submitted, as his or her 
 own, documents that were in fact prepared or composed for 
 another person;
  46. Has committed a violation of subsection (j) of 
 Section 3-413 of this Code;

  47. Has committed a violation of subsection (a) of 
 Section 11-502.1 of this Code; 
  48. Has submitted a falsified or altered medical 
 examiner's certificate to the Secretary of State or 
 provided false information to obtain a medical examiner's 
 certificate; 
  49. Has been convicted of a violation of Section 
 11-1002 or 11-1002.5 that resulted in a Type A injury to 
 another, in which case the driving privileges of the 
 person shall be suspended for 12 months; or 
  50. Has committed a violation of subsection (b-5) of 
 Section 12-610.2 that resulted in great bodily harm, 
 permanent disability, or disfigurement, in which case the 
 driving privileges of the person shall be suspended for 12 
 months.; or 50
 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
and 27 of this
subsection, license means any driver's license, 
any traffic ticket issued when
the person's driver's license 
is deposited in lieu of bail, a suspension
notice issued by the 
Secretary of State, a duplicate or corrected driver's
license, 
a probationary driver's license, or a temporary driver's 
license.
 (b) If any conviction forming the basis of a suspension or

revocation authorized under this Section is appealed, the

Secretary of State may rescind or withhold the entry of the 
order of suspension
or revocation, as the case may be, 
provided that a certified copy of a stay
order of a court is 
filed with the Secretary of State. If the conviction is

affirmed on appeal, the date of the conviction shall relate 
back to the time
the original judgment of conviction was 
entered and the 6-month limitation
prescribed shall not apply.


 (c) 1. Upon suspending or revoking the driver's license or 
permit of
any person as authorized in this Section, the 
Secretary of State shall
immediately notify the person in 
writing of the revocation or suspension.
The notice to be 
deposited in the United States mail, postage prepaid,
to the 
last known address of the person.

 2. If the Secretary of State suspends the driver's license

of a person under subsection 2 of paragraph (a) of this 
Section, a
person's privilege to operate a vehicle as an 
occupation shall not be
suspended, provided an affidavit is 
properly completed, the appropriate fee
received, and a permit 
issued prior to the effective date of the
suspension, unless 5 
offenses were committed, at least 2 of which occurred
while 
operating a commercial vehicle in connection with the driver's

regular occupation. All other driving privileges shall be 
suspended by the
Secretary of State. Any driver prior to 
operating a vehicle for
occupational purposes only must submit 
the affidavit on forms to be
provided by the Secretary of State 
setting forth the facts of the person's
occupation. The 
affidavit shall also state the number of offenses
committed 
while operating a vehicle in connection with the driver's 
regular
occupation. The affidavit shall be accompanied by the 
driver's license.
Upon receipt of a properly completed 
affidavit, the Secretary of State
shall issue the driver a 
permit to operate a vehicle in connection with the
driver's 
regular occupation only. Unless the permit is issued by the

Secretary of State prior to the date of suspension, the 
privilege to drive
any motor vehicle shall be suspended as set 
forth in the notice that was
mailed under this Section. If an 
affidavit is received subsequent to the
effective date of this 
suspension, a permit may be issued for the remainder
of the 
suspension period.

 The provisions of this subparagraph shall not apply to any 
driver
required to possess a CDL for the purpose of operating a 
commercial motor vehicle.

 Any person who falsely states any fact in the affidavit 
required
herein shall be guilty of perjury under Section 6-302 
and upon conviction
thereof shall have all driving privileges 
revoked without further rights.

 3. At the conclusion of a hearing under Section 2-118 of 
this Code,
the Secretary of State shall either rescind or 
continue an order of
revocation or shall substitute an order 
of suspension; or, good
cause appearing therefor, rescind, 
continue, change, or extend the
order of suspension. If the 
Secretary of State does not rescind the order,
the Secretary 
may upon application,
to relieve undue hardship (as defined by 
the rules of the Secretary of State), issue
a restricted 
driving permit granting the privilege of driving a motor

vehicle between the petitioner's residence and petitioner's 
place of
employment or within the scope of the petitioner's 
employment-related duties, or to
allow the petitioner to 
transport himself or herself, or a family member of the

petitioner's household to a medical facility, to receive 
necessary medical care, to allow the petitioner to transport 
himself or herself to and from alcohol or drug
remedial or 
rehabilitative activity recommended by a licensed service 
provider, or to allow the petitioner to transport himself or 
herself or a family member of the petitioner's household to 
classes, as a student, at an accredited educational 
institution, or to allow the petitioner to transport children, 
elderly persons, or persons with disabilities who do not hold 
driving privileges and are living in the petitioner's 
household to and from daycare. The
petitioner must demonstrate 
that no alternative means of
transportation is reasonably 
available and that the petitioner will not endanger
the public 
safety or welfare.

  (A) If a person's license or permit is revoked or 
 suspended due to 2
or more convictions of violating 
 Section 11-501 of this Code or a similar
provision of a 
 local ordinance or a similar out-of-state offense, or 
 Section 9-3 of the Criminal Code of 1961 or the Criminal 
 Code of 2012, where the use of alcohol or other drugs is 
 recited as an element of the offense, or a similar 
 out-of-state offense, or a combination of these offenses, 
 arising out
of separate occurrences, that person, if 
 issued a restricted driving permit,
may not operate a 
 vehicle unless it has been equipped with an ignition

 interlock device as defined in Section 1-129.1.

  (B) If a person's license or permit is revoked or 
 suspended 2 or more
times due to any combination of:
   (i) a single conviction of violating Section

 11-501 of this Code or a similar provision of a local 
 ordinance or a similar
out-of-state offense or Section 
 9-3 of the Criminal Code of 1961 or the Criminal Code 
 of 2012, where the use of alcohol or other drugs is 
 recited as an element of the offense, or a similar 
 out-of-state offense; or
   (ii) a statutory summary suspension or revocation 
 under Section
11-501.1; or
   (iii) a suspension under Section 6-203.1; 
 arising out of
separate occurrences; that person, if 
 issued a restricted driving permit, may
not operate a 
 vehicle unless it has been
equipped with an ignition 
 interlock device as defined in Section 1-129.1.
  (B-5) If a person's license or permit is revoked or 
 suspended due to a conviction for a violation of 
 subparagraph (C) or (F) of paragraph (1) of subsection (d) 
 of Section 11-501 of this Code, or a similar provision of a 
 local ordinance or similar out-of-state offense, that 
 person, if issued a restricted driving permit, may not 
 operate a vehicle unless it has been equipped with an 
 ignition interlock device as defined in Section 1-129.1. 
  (C)
The person issued a permit conditioned upon the 
 use of an ignition interlock device must pay to the 
 Secretary of State DUI Administration Fund an amount
not 
 to exceed $30 per month. The Secretary shall establish by 
 rule the amount
and the procedures, terms, and conditions 
 relating to these fees.
  (D) If the
restricted driving permit is issued for 
 employment purposes, then the prohibition against 
 operating a motor vehicle that is not equipped with an 
 ignition interlock device does not apply to the operation 
 of an occupational vehicle owned or
leased by that 
 person's employer when used solely for employment 
 purposes. For any person who, within a 5-year period, is 
 convicted of a second or subsequent offense under Section 
 11-501 of this Code, or a similar provision of a local 
 ordinance or similar out-of-state offense, this employment 
 exemption does not apply until either a one-year period 
 has elapsed during which that person had his or her 
 driving privileges revoked or a one-year period has 
 elapsed during which that person had a restricted driving 
 permit which required the use of an ignition interlock 
 device on every motor vehicle owned or operated by that 
 person.
  (E) In each case the Secretary may issue a
restricted 
 driving permit for a period deemed appropriate, except 
 that all
permits shall expire no later than 2 years from 
 the date of issuance. A
restricted driving permit issued 
 under this Section shall be subject to
cancellation, 
 revocation, and suspension by the Secretary of State in 
 like
manner and for like cause as a driver's license 
 issued under this Code may be
cancelled, revoked, or 
 suspended; except that a conviction upon one or more

 offenses against laws or ordinances regulating the 
 movement of traffic
shall be deemed sufficient cause for 
 the revocation, suspension, or
cancellation of a 
 restricted driving permit. The Secretary of State may, as

 a condition to the issuance of a restricted driving 
 permit, require the
applicant to participate in a 
 designated driver remedial or rehabilitative
program. The 
 Secretary of State is authorized to cancel a restricted

 driving permit if the permit holder does not successfully 
 complete the program.

  (F) A person subject to the provisions of paragraph 4 
 of subsection (b) of Section 6-208 of this Code may make 
 application for a restricted driving permit at a hearing 
 conducted under Section 2-118 of this Code after the 
 expiration of 5 years from the effective date of the most 
 recent revocation or after 5 years from the date of 
 release from a period of imprisonment resulting from a 
 conviction of the most recent offense, whichever is later, 
 provided the person, in addition to all other requirements 
 of the Secretary, shows by clear and convincing evidence: 
   (i) a minimum of 3 years of uninterrupted 
 abstinence from alcohol and the unlawful use or 
 consumption of cannabis under the Cannabis Control 
 Act, a controlled substance under the Illinois 
 Controlled Substances Act, an intoxicating compound 
 under the Use of Intoxicating Compounds Act, or 
 methamphetamine under the Methamphetamine Control and 
 Community Protection Act; and
   (ii) the successful completion of any 
 rehabilitative treatment and involvement in any 
 ongoing rehabilitative activity that may be 
 recommended by a properly licensed service provider 
 according to an assessment of the person's alcohol or 
 drug use under Section 11-501.01 of this Code. 
  In determining whether an applicant is eligible for a 
 restricted driving permit under this subparagraph (F), the 
 Secretary may consider any relevant evidence, including, 
 but not limited to, testimony, affidavits, records, and 
 the results of regular alcohol or drug tests. Persons 
 subject to the provisions of paragraph 4 of subsection (b) 
 of Section 6-208 of this Code and who have been convicted 
 of more than one violation of paragraph (3), paragraph 
 (4), or paragraph (5) of subsection (a) of Section 11-501 
 of this Code shall not be eligible to apply for a 
 restricted driving permit under this subparagraph (F). 
  A restricted driving permit issued under this 
 subparagraph (F) shall provide that the holder may only 
 operate motor vehicles equipped with an ignition interlock 
 device as required under paragraph (2) of subsection (c) 
 of Section 6-205 of this Code and subparagraph (A) of 
 paragraph 3 of subsection (c) of this Section. The 
 Secretary may revoke a restricted driving permit or amend 
 the conditions of a restricted driving permit issued under 
 this subparagraph (F) if the holder operates a vehicle 
 that is not equipped with an ignition interlock device, or 
 for any other reason authorized under this Code. 
  A restricted driving permit issued under this 
 subparagraph (F) shall be revoked, and the holder barred 
 from applying for or being issued a restricted driving 
 permit in the future, if the holder is convicted of a 
 violation of Section 11-501 of this Code, a similar 
 provision of a local ordinance, or a similar offense in 
 another state. 
 (c-3) In the case of a suspension under paragraph 43 of 
subsection (a), reports received by the Secretary of State 
under this Section shall, except during the actual time the 
suspension is in effect, be privileged information and for use 
only by the courts, police officers, prosecuting authorities, 
the driver licensing administrator of any other state, the 
Secretary of State, or the parent or legal guardian of a driver 
under the age of 18. However, beginning January 1, 2008, if the 
person is a CDL holder, the suspension shall also be made 
available to the driver licensing administrator of any other 
state, the U.S. Department of Transportation, and the affected 
driver or motor
carrier or prospective motor carrier upon 
request.

 (c-4) In the case of a suspension under paragraph 43 of 
subsection (a), the Secretary of State shall notify the person 
by mail that his or her driving privileges and driver's 
license will be suspended one month after the date of the 
mailing of the notice.

 (c-5) The Secretary of State may, as a condition of the 
reissuance of a
driver's license or permit to an applicant 
whose driver's license or permit has
been suspended before he 
or she reached the age of 21 years pursuant to any of
the 
provisions of this Section, require the applicant to 
participate in a
driver remedial education course and be 
retested under Section 6-109 of this
Code.

 (d) This Section is subject to the provisions of the 
Driver License
Compact.

 (e) The Secretary of State shall not issue a restricted 
driving permit to
a person under the age of 16 years whose 
driving privileges have been suspended
or revoked under any 
provisions of this Code.

 (f) In accordance with 49 C.F.R. 384, the Secretary of 
State may not issue a restricted driving permit for the 
operation of a commercial motor vehicle to a person holding a 
CDL whose driving privileges have been suspended, revoked, 
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; 
101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. 
8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)



 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)



 Sec. 6-508. Commercial Driver's License (CDL); 
qualification (CDL) - qualification standards.


 (a) Testing.


  (1) General. No person shall be issued an original or 
 renewal CDL
unless that person is
domiciled in this State 
 or is applying for a non-domiciled CDL under Sections 
 6-509 and 6-510 of this Code. The Secretary shall cause to 
 be administered such
tests as the Secretary deems 
 necessary to meet the requirements of 49 CFR
C.F.R. Part 
 383, subparts F, G, H, and J.


  (1.5) Effective July 1, 2014, no person shall be 
 issued an original CDL or an upgraded CDL that requires a 
 skills test unless that person has held a CLP, for a 
 minimum of 14 calendar days, for the classification of 
 vehicle and endorsement, if any, for which the person is 
 seeking a CDL. 
  (2) Third party testing. The Secretary of State may 
 authorize a
"third party tester", pursuant to 49 CFR 
 C.F.R. 383.75 and 49 CFR C.F.R. 384.228 and 384.229, to 
 administer the
skills test or tests specified by the 
 Federal Motor Carrier Safety
Administration pursuant to 
 the
Commercial Motor Vehicle Safety Act of 1986 and any 
 appropriate federal rule.

  (3)(i) Effective February 7, 2020, unless the person 
 is exempted by 49 CFR 380.603, no person shall be issued an 
 original (first time issuance) CDL, an upgraded CDL or a 
 school bus (S), passenger (P), or hazardous Materials (H) 
 endorsement unless the person has successfully completed 
 entry-level driver training (ELDT) taught by a training 
 provider listed on the federal Training Provider Registry.
  (ii) Persons who obtain a CLP before February 7, 2020 
 are not required to complete ELDT if the person obtains a 
 CDL before the CLP or renewed CLP expires.
  (iii) Except for persons seeking the H endorsement, 
 persons must complete the theory and behind-the-wheel 
 (range and public road) portions of ELDT within one year 
 of completing the first portion.
  (iv) The Secretary shall adopt rules to implement this 
 subsection. 

 (b) Waiver of Skills Test. The Secretary of State may 
waive the skills
test specified in this Section for a driver 
applicant for a commercial driver license
who meets the 
requirements of 49 CFR C.F.R. 383.77.
The Secretary of State 
shall waive the skills tests specified in this Section for a 
driver applicant who has military commercial motor vehicle 
experience, subject to the requirements of 49 CFR C.F.R. 
383.77.

 (b-1) No person shall be issued a CDL unless the person 
certifies to the Secretary one of the following types of 
driving operations in which he or she will be engaged:
  (1) non-excepted interstate;
  (2) non-excepted intrastate;
  (3) excepted interstate; or
  (4) excepted intrastate.
 (b-2) (Blank).
 (c) Limitations on issuance of a CDL. A CDL shall not be 
issued to a person while the person is
subject to a 
disqualification from driving a commercial motor vehicle, or

unless otherwise permitted by this Code, while the person's 
driver's
license is suspended, revoked, or cancelled in
any 
state, or any territory or province of Canada; nor may a CLP or 
CDL be issued
to a person who has a CLP or CDL issued by any 
other state, or foreign
jurisdiction, nor may a CDL be issued 
to a person who has an Illinois CLP unless the person first 
surrenders all of these
licenses or permits. However, a person 
may hold an Illinois CLP and an Illinois CDL providing the CLP 
is necessary to train or practice for an endorsement or 
vehicle classification not present on the current CDL. No CDL 
shall be issued to or renewed for a person who does not
meet 
the requirement of 49 CFR 391.41(b)(11). The requirement may 
be met with
the aid of a hearing aid.


 (c-1) The Secretary may issue a CDL with a school bus 
driver endorsement
to allow a person to drive the type of bus 
described in subsection (d-5) of
Section 6-104 of this Code. 
The CDL with a school bus driver endorsement may be
issued only 
to a person meeting the following requirements:

  (1) the person has submitted his or her fingerprints 
 to the Illinois
State Police in the form and manner

 prescribed by the Illinois State Police. These

 fingerprints shall be checked against the fingerprint 
 records
now and hereafter filed in the Illinois State 
 Police and
Federal Bureau of Investigation criminal 
 history records databases;


  (2) the person has passed a written test, administered 
 by the Secretary of
State, on charter bus operation, 
 charter bus safety, and certain special
traffic laws

 relating to school buses determined by the Secretary of 
 State to be relevant to
charter buses, and submitted to a 
 review of the driver applicant's driving
habits by the 
 Secretary of State at the time the written test is given;

  (3) the person has demonstrated physical fitness to 
 operate school buses
by
submitting the results of a 
 medical examination, including tests for drug
use; and


  (4) the person has not been convicted of committing or 
 attempting
to commit any
one or more of the following 
 offenses: (i) those offenses defined in
Sections 8-1.2, 
 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 
 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 
 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,

 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 
 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 
 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, 
 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, 
 11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1, 
 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 
 12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 
 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5, 
 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 
 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 
 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 
 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 
 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in 
 subsection (b) of Section 8-1, and in subdivisions (a)(1), 
 (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) 
 of Section 12-3.05, and in subsection (a) and subsection 
 (b), clause (1), of Section
12-4, and in subsection (A), 
 clauses (a) and (b), of Section 24-3, and those offenses 
 contained in Article 29D of the Criminal Code of 1961 or 
 the Criminal Code of 2012; (ii) those offenses defined in 
 the
Cannabis Control Act except those offenses defined in 
 subsections (a) and
(b) of Section 4, and subsection (a) 
 of Section 5 of the Cannabis Control
Act; (iii) those 
 offenses defined in the Illinois Controlled Substances

 Act; (iv) those offenses defined in the Methamphetamine 
 Control and Community Protection Act; (v) 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 be punishable as one or more of the 
 foregoing offenses; (vi)
the offenses defined in Sections 
 4.1 and 5.1 of the Wrongs to Children Act or Section 
 11-9.1A of the Criminal Code of 1961 or the Criminal Code 
 of 2012; (vii) those offenses defined in Section 6-16 of 
 the Liquor Control Act of
1934; and (viii) those offenses 
 defined in the Methamphetamine Precursor Control Act.


 The Illinois State Police shall charge
a fee for 
conducting the criminal history records check, which shall be

deposited into the State Police Services Fund and may not 
exceed the actual
cost of the records check.


 (c-2) The Secretary shall issue a CDL with a school bus 
endorsement to allow a person to drive a school bus as defined 
in this Section. The CDL shall be issued according to the 
requirements outlined in 49 CFR C.F.R. 383. A person may not 
operate a school bus as defined in this Section without a 
school bus endorsement. The Secretary of State may adopt rules 
consistent with Federal guidelines to implement this 
subsection (c-2).

 (d) (Blank).


(Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21; 
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised 
10-12-21.)


 (625 ILCS 5/11-212)



 Sec. 11-212. Traffic and pedestrian stop statistical 
study. 

 (a) Whenever a State or local law enforcement officer 
issues a
uniform traffic citation or warning citation for an 
alleged
violation of the Illinois Vehicle Code, he or she 
shall
record at least the following:

  (1) the name, address, gender, and
the officer's 
 subjective determination of the race of
the person

 stopped; the person's race shall be selected from the 
 following list:
American Indian or Alaska Native, Asian, 
 Black or African American, Hispanic or Latino, Native 
 Hawaiian or Other Pacific Islander, or White;

  (2) the alleged traffic violation that led to the
stop 
 of the motorist;

  (3) the make and year of the vehicle
stopped;

  (4) the date and time of the stop, beginning when the 
 vehicle was stopped and ending when the driver is free to 
 leave or taken into physical custody;

  (5) the location of the traffic stop;
  (5.5) whether or not a consent search contemporaneous 
 to the stop was requested of the vehicle, driver, 
 passenger, or passengers; and, if so, whether consent was 
 given or denied;


  (6) whether or not a search contemporaneous to the 
 stop was conducted of
the
vehicle, driver, passenger, or 
 passengers; and, if so, whether it was with
consent or by 
 other means;
  (6.2) whether or not a police dog performed a sniff of 
 the vehicle; and, if so, whether or not the dog alerted to 
 the presence of contraband; and, if so, whether or not an 
 officer searched the vehicle; and, if so, whether or not 
 contraband was discovered; and, if so, the type and amount 
 of contraband; 
  (6.5) whether or not contraband was found during a 
 search; and, if so, the type and amount of contraband 
 seized; and


  (7) the name and badge number of the issuing officer.

 (b) Whenever a State or local law enforcement officer 
stops a
motorist for an alleged violation of the Illinois 
Vehicle Code
and does not issue a uniform traffic citation or

warning citation for an alleged violation of the Illinois

Vehicle Code, he or she shall complete a uniform stop card, 
which includes
field
contact cards, or any other existing form 
currently used by law enforcement
containing
information 
required pursuant to this Act,
that records
at least the 
following:

  (1) the name, address, gender,
and
the officer's 
 subjective determination of the race of the person

 stopped; the person's race shall be selected from the 
 following list:
American Indian or Alaska Native, Asian, 
 Black or African American, Hispanic or Latino, Native 
 Hawaiian or Other Pacific Islander, or White;

  (2) the reason that led to the stop of the
motorist;

  (3) the make and year of the vehicle
stopped;

  (4) the date and time of the stop, beginning when the 
 vehicle was stopped and ending when the driver is free to 
 leave or taken into physical custody;

  (5) the location of the traffic stop;
  (5.5) whether or not a consent search contemporaneous 
 to the stop was requested of the vehicle, driver, 
 passenger, or passengers; and, if so, whether consent was 
 given or denied;


  (6) whether or not a search contemporaneous to the 
 stop was conducted of
the
vehicle, driver, passenger, or 
 passengers; and, if so, whether it was with
consent or by 
 other means;
  (6.2) whether or not a police dog performed a sniff of 
 the vehicle; and, if so, whether or not the dog alerted to 
 the presence of contraband; and, if so, whether or not an 
 officer searched the vehicle; and, if so, whether or not 
 contraband was discovered; and, if so, the type and amount 
 of contraband; 
  (6.5) whether or not contraband was found during a 
 search; and, if so, the type and amount of contraband 
 seized; and


  (7) the name and badge number of the issuing
officer.

 (b-5) For purposes of this subsection (b-5), "detention" 
means all frisks, searches, summons, and arrests. Whenever a 
law enforcement officer subjects a pedestrian to detention in 
a public place, he or she shall complete a uniform pedestrian 
stop card, which includes any existing form currently used by 
law enforcement containing all the information required under 
this Section, that records at least the following:
  (1) the gender, and the officer's subjective 
 determination of the race of the person stopped; the 
 person's race shall be selected from the following list: 
 American Indian or Alaska Native, Asian, Black or African 
 American, Hispanic or Latino, Native Hawaiian or Other 
 Pacific Islander, or White;
  (2) all the alleged reasons that led to the stop of the 
 person;
  (3) the date and time of the stop;
  (4) the location of the stop;
  (5) whether or not a protective pat down or frisk was 
 conducted of the person; and, if so, all the alleged 
 reasons that led to the protective pat down or frisk, and 
 whether it was with consent or by other means;
  (6) whether or not contraband was found during the 
 protective pat down or frisk; and, if so, the type and 
 amount of contraband seized;
  (7) whether or not a search beyond a protective pat 
 down or frisk was conducted of the person or his or her 
 effects; and, if so, all the alleged reasons that led to 
 the search, and whether it was with consent or by other 
 means;
  (8) whether or not contraband was found during the 
 search beyond a protective pat down or frisk; and, if so, 
 the type and amount of contraband seized;
  (9) the disposition of the stop, such as a warning, a 
 ticket, a summons, or an arrest;
  (10) if a summons or ticket was issued, or an arrest 
 made, a record of the violations, offenses, or crimes 
 alleged or charged; and
  (11) the name and badge number of the officer who 
 conducted the detention. 
 This subsection (b-5) does not apply to searches or 
inspections for compliance authorized under the Fish and 
Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, 
or searches or inspections during routine security screenings 
at facilities or events.
 (c) The Illinois Department of Transportation shall 
provide a
standardized law
enforcement data compilation form 
on its website.

 (d) Every law enforcement agency shall, by March 1 with 
regard to data collected during July through December of the 
previous calendar year and by August 1 with regard to data 
collected during January through June of the current calendar 
year, compile the data described in subsections (a), (b), and 
(b-5) on
the
standardized law enforcement data compilation 
form provided by the Illinois
Department
of Transportation and 
transmit the data to the Department.

 (e) The Illinois Department of Transportation shall 
analyze the data
provided
by law
enforcement agencies required 
by this Section and submit a report of the
previous year's

findings to the
Governor, the General Assembly, the Racial 
Profiling Prevention and Data Oversight Board, and each law 
enforcement agency no later than
July 1
of each year. The 
Illinois Department of
Transportation may contract with
an 
outside entity for the analysis of the data provided. In 
analyzing the data
collected
under this Section, the analyzing 
entity shall scrutinize the data for evidence
of statistically

significant aberrations. The following list, which
is 
illustrative, and not exclusive, contains examples of areas in 
which
statistically
significant aberrations may be found:

  (1) The percentage of minority drivers, passengers, or 
 pedestrians being stopped in a
given
area
is substantially 
 higher than the proportion of the overall population in or

 traveling
through the area that the minority constitutes.

  (2) A substantial number of false stops including 
 stops not resulting in
the
issuance of a traffic ticket or 
 the making of an arrest.

  (3) A disparity between the proportion of citations 
 issued to minorities
and
proportion of minorities in the 
 population.

  (4) A disparity among the officers of the same law 
 enforcement agency with
regard to the number of minority 
 drivers, passengers, or pedestrians being stopped in a 
 given
area.

  (5) A disparity between the frequency of searches 
 performed on minority
drivers or pedestrians
and the 
 frequency of searches performed on non-minority drivers or 
 pedestrians.

 (f) Any law enforcement officer identification information 
and driver or pedestrian
identification information
that is

compiled by any law enforcement agency or the Illinois 
Department of
Transportation
pursuant to this Act for
the 
purposes of fulfilling the requirements of this Section shall 
be
confidential and exempt
from
public inspection and copying, 
as provided under Section 7 of the Freedom of
Information
Act,

and the information shall not be transmitted to anyone except 
as needed to
comply with
this Section. This Section shall not 
exempt those materials that, prior to the
effective date of 
this
amendatory Act of the 93rd General Assembly, were 
available under the Freedom
of
Information Act. This 
subsection (f) shall not preclude law enforcement agencies 
from reviewing data to perform internal reviews.


 (g) Funding to implement this Section shall come from 
federal highway
safety
funds available to Illinois, as 
directed by the Governor.

 (h) The Illinois Criminal Justice Information Authority, 
in consultation with
law enforcement agencies, officials, and 
organizations, including Illinois
chiefs of police,
the 
Illinois State Police, the Illinois Sheriffs Association, and 
the
Chicago Police
Department, and community groups and other 
experts, shall undertake a study to
determine the best use of 
technology to collect, compile, and analyze the
traffic stop

statistical study data required by this Section. The 
Department shall report
its findings
and recommendations to 
the Governor and the General Assembly by March 1, 2022.
 (h-1) The Traffic and Pedestrian Stop Data Use and 
Collection Task Force is hereby created. 
  (1) The Task Force shall undertake a study to 
 determine the best use of technology to collect, compile, 
 and analyze the traffic stop statistical study data 
 required by this Section.
  (2) The Task Force shall be an independent Task Force 
 under the Illinois Criminal Justice Information Authority 
 for administrative purposes, and shall consist of the 
 following members:
   (A) 2 academics or researchers who have studied 
 issues related to traffic or pedestrian stop data 
 collection and have education or expertise in 
 statistics;
   (B) one professor from an Illinois university who 
 specializes in policing and racial equity;
   (C) one representative from the Illinois State 
 Police;
   (D) one representative from the Chicago Police 
 Department;
   (E) one representative from the Illinois Chiefs of 
 Police;
   (F) one representative from the Illinois Sheriffs 
 Association;
   (G) one representative from the Chicago Fraternal 
 Order of Police;
   (H) one representative from the Illinois Fraternal 
 Order of Police;
   (I) the Executive Director of the American Civil 
 Liberties Union of Illinois, or his or her designee; 
 and
   (J) 5 representatives from different community 
 organizations who specialize in civil or human rights, 
 policing, or criminal justice reform work, and that 
 represent a range of minority interests or different 
 parts of the State.
  (3) The Illinois Criminal Justice Information 
 Authority may consult, contract, work in conjunction with, 
 and obtain any information from any individual, agency, 
 association, or research institution deemed appropriate by 
 the Authority.
  (4) The Task Force shall report its findings and 
 recommendations to the Governor and the General Assembly 
 by March 1, 2022 and every 3 years after. 
 (h-5) For purposes of this Section: 
  (1) "American Indian or Alaska Native" means a person 
 having origins in any of the original peoples of North and 
 South America, including Central America, and who 
 maintains tribal affiliation or community attachment.
  (2) "Asian" means a person having origins in any of 
 the original peoples of the Far East, Southeast Asia, or 
 the Indian subcontinent, including, but not limited to, 
 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, 
 the Philippine Islands, Thailand, and Vietnam.
  (2.5) "Badge" means an officer's department issued 
 identification number associated with his or her position 
 as a police officer with that department. 
  (3) "Black or African American" means a person having 
 origins in any of the black racial groups of Africa.
  (4) "Hispanic or Latino" means a person of Cuban, 
 Mexican, Puerto Rican, South or Central American, or other 
 Spanish culture or origin, regardless of race.
  (5) "Native Hawaiian or Other Pacific Islander" means 
 a person having origins in any of the original peoples of 
 Hawaii, Guam, Samoa, or other Pacific Islands.
  (6) "White" means a person having origins in any of 
 the original peoples of Europe, the Middle East, or North 
 Africa.
 (i) (Blank).

(Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 9-21-21.)



 (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)


 Sec. 11-907. Operation of vehicles and streetcars on 
approach of authorized
emergency
vehicles.
 (a) Upon the immediate approach of an authorized emergency 
vehicle
making use of audible and visual signals meeting the 
requirements of this
Code or a police vehicle properly and 
lawfully making use of an audible
or visual signal:

  (1) the driver of every other vehicle
shall yield the 
 right-of-way and shall immediately drive to a position

 parallel to, and as close as possible to, the right-hand 
 edge or curb of
the highway clear of any intersection and 
 shall, if necessary to permit
the safe passage of the 
 emergency vehicle, stop and remain
in such position until 
 the authorized emergency vehicle has passed, unless

 otherwise directed by a police officer; and

  (2) the operator of every streetcar shall
immediately 
 stop such
car clear of any intersection and keep it in such 
 position until the
authorized emergency vehicle has 
 passed, unless otherwise
directed by
a police officer.

 (b) This Section shall not operate to relieve the driver 
of an
authorized emergency vehicle from the duty to drive with 
due regard for the
safety of all persons using the highway.

 (c) Upon approaching a stationary authorized emergency 
vehicle, when the
authorized emergency vehicle is giving a 
signal by displaying alternately
flashing
red, red and white, 
blue, or red and blue lights or amber or yellow warning
lights, 
a
person who drives an approaching vehicle shall:

  (1) proceeding with due caution, yield the 
 right-of-way by making a
lane change into a lane not 
 adjacent to that of the authorized
emergency vehicle, if 
 possible with due regard to safety and traffic
conditions, 
 if on a highway having at least 4 lanes with not less
than 
 2 lanes proceeding in the same direction as the 
 approaching
vehicle; or

  (2) if changing lanes would be impossible or unsafe, 
 proceeding with due caution, reduce the speed of the 
 vehicle,
maintaining a safe speed for road conditions and 
 leaving a safe distance until safely past the stationary 
 emergency vehicles.

 The visual signal specified under this subsection (c) 
given by an authorized emergency vehicle is an indication to 
drivers of approaching vehicles that a hazardous condition is 
present when circumstances are not immediately clear. Drivers 
of vehicles approaching a stationary emergency vehicle in any 
lane shall heed the warning of the signal, reduce the speed of 
the vehicle, proceed with due caution, maintain a safe speed 
for road conditions, be prepared to stop, and leave a safe 
distance until safely passed the stationary emergency vehicle. 
 As used in this subsection (c), "authorized emergency 
vehicle"
includes any vehicle authorized by law to be equipped 
with oscillating,
rotating, or flashing lights under Section 
12-215 of this Code, while the owner
or operator of the vehicle 
is engaged in his or her official duties.

 (d) A person who violates subsection (c) of this Section 
commits a business
offense punishable by a fine of not less 
than $250 or more than $10,000 for a first violation, and a 
fine of not less than $750 or more than $10,000 for a second or 
subsequent violation. It is a factor in
aggravation if the 
person committed the offense while in violation of Section

11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the 
penalties authorized by this subsection (d) for a violation of 
subsection (c) of this Section that results in the death of

another person does not preclude imposition of appropriate 
additional civil or criminal penalties. A person who violates 
subsection (c) and the violation results in damage to another 
vehicle commits a Class A misdemeanor. A person who violates 
subsection (c) and the violation results in the injury or 
death of another person commits a Class 4 felony.

 (e) If a violation of subsection (c) of this Section 
results in damage to
the
property of another person, in 
addition to any other penalty imposed,
the person's driving 
privileges shall be suspended for a fixed
period of not less 
than 90 days and not more than one year.

 (f) If a violation of subsection (c) of this Section 
results in injury to
another
person, in addition to any other 
penalty imposed,
the person's driving privileges shall be 
suspended for a fixed period of not
less
than 180
days and not 
more than 2 years.

 (g) If a violation of subsection (c) of this Section 
results in the death of
another person, in addition to any 
other penalty imposed,
the person's driving privileges shall 
be suspended for 2 years.

 (h) The Secretary of State shall, upon receiving a record 
of a judgment
entered against a person under subsection (c) of 
this Section:

  (1) suspend the person's driving privileges for the 
 mandatory period; or

  (2) extend the period of an existing suspension by the 
 appropriate
mandatory period.

 (i) The Scott's Law Fund shall be a special fund in the 
State treasury. Subject to appropriation by the General 
Assembly and approval by the Director, the Director of the 
State Police shall use all moneys in the Scott's Law Fund in 
the Department's discretion to fund the production of 
materials to educate drivers on approaching stationary 
authorized emergency vehicles, to hire off-duty Department of 
State Police for enforcement of this Section, and for other 
law enforcement purposes the Director deems necessary in these 
efforts.
 (j) For violations of this Section issued by a county or 
municipal police officer, the assessment shall be deposited 
into the county's or municipality's Transportation Safety 
Highway Hire-back Fund. The county shall use the moneys in its 
Transportation Safety Highway Hire-back Fund to hire off-duty 
county police officers to monitor construction or maintenance 
zones in that county on highways other than interstate 
highways. The county, in its discretion, may also use a 
portion of the moneys in its Transportation Safety Highway 
Hire-back Fund to purchase equipment for county law 
enforcement and fund the production of materials to educate 
drivers on construction zone safe driving habits and 
approaching stationary authorized emergency vehicles. 
 (k) In addition to other penalties imposed by this 
Section, the court may order a person convicted of a violation 
of subsection (c) to perform community service as determined 
by the court. 
(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22; 
102-338, eff. 1-1-22; revised 9-21-21.)




 (625 ILCS 5/11-1201.1)



 Sec. 11-1201.1. Automated railroad crossing enforcement 
system. 

 (a) For the purposes of this Section, an automated 
railroad grade crossing
enforcement system is a system in a 
municipality or county operated by a governmental agency that 
produces a recorded image of a motor vehicle's violation of a 
provision of this Code or local ordinance and is designed to 
obtain a clear recorded image of the vehicle and vehicle's 
license plate. The recorded image must also display the time, 
date, and location of the violation.
 As used in this Section, "recorded images" means images 
recorded by an automated railroad grade crossing enforcement 
system on:
  (1) 2 or more photographs;
  (2) 2 or more microphotographs;
  (3) 2 or more electronic images; or
  (4) a video recording showing the motor vehicle and, 
 on at least one image or portion of the recording, clearly 
 identifying the registration plate or digital registration 
 plate number of the motor vehicle.


 (b) The Illinois
Commerce Commission may, in cooperation 
with a
local law enforcement agency, establish in any county 
or municipality an automated
railroad grade crossing 
enforcement system at any railroad grade crossing equipped 
with a crossing gate designated by local authorities. Local 
authorities desiring the establishment of an automated 
railroad crossing enforcement system must initiate the process 
by enacting a local ordinance requesting the creation of such 
a system. After the ordinance has been enacted, and before any 
additional steps toward the establishment of the system are 
undertaken, the local authorities and the Commission must 
agree to a plan for obtaining, from any combination of 
federal, State, and local funding sources, the moneys required 
for the purchase and installation of any necessary equipment.


 (b-1) (Blank).)


 (c) For each violation of Section 11-1201 of this Code or a 
local ordinance recorded by an automated railroad grade 
crossing enforcement system, the county or municipality having 
jurisdiction shall issue a written notice of the violation to 
the registered owner of the vehicle as the alleged violator. 
The notice shall be delivered to the registered owner of the 
vehicle, by mail, no later than 90 days after the violation.
 The notice shall include:
  (1) the name and address of the registered owner of 
 the vehicle;
  (2) the registration number of the motor vehicle 
 involved in the violation;
  (3) the violation charged;
  (4) the location where the violation occurred;
  (5) the date and time of the violation;
  (6) a copy of the recorded images;
  (7) the amount of the civil penalty imposed and the 
 date by which the civil penalty should be paid;
  (8) a statement that recorded images are evidence of a 
 violation of a railroad grade crossing;
  (9) a warning that failure to pay the civil penalty or 
 to contest liability in a timely manner is an admission of 
 liability; and
  (10) a statement that the person may elect to proceed 
 by:
   (A) paying the fine; or
   (B) challenging the charge in court, by mail, or 
 by administrative hearing.


 (d) (Blank).


 (d-1) (Blank).)


 (d-2) (Blank).)


 (e) Based on inspection of recorded images produced by an 
automated railroad grade crossing enforcement system, a notice 
alleging that the violation occurred shall be evidence of the 
facts contained in the notice and admissible in any proceeding 
alleging a violation under this Section.


 (e-1) Recorded images made by an automated railroad grade 
crossing enforcement system are confidential and shall be made 
available only to the alleged violator and governmental and 
law enforcement agencies for purposes of adjudicating a 
violation of this Section, for statistical purposes, or for 
other governmental purposes. Any recorded image evidencing a 
violation of this Section, however, may be admissible in any 
proceeding resulting from the issuance of the citation.

 (e-2) The court or hearing officer may consider the 
following in the defense of a violation:

  (1) that the motor vehicle or registration plates or 
 digital registration plates of the motor vehicle were 
 stolen before the violation occurred and not under the 
 control of or in the possession of the owner at the time of 
 the violation;

  (2) that the driver of the motor vehicle received a 
 Uniform Traffic Citation from a police officer at the time 
 of the violation for the same offense;
  (3) any other evidence or issues provided by municipal 
 or county ordinance.
 (e-3) To demonstrate that the motor vehicle or the 
registration plates or digital registration plates were stolen 
before the violation occurred and were not under the control 
or possession of the owner at the time of the violation, the 
owner must submit proof that a report concerning the stolen 
motor vehicle or registration plates was filed with a law 
enforcement agency in a timely manner.

 (f) Rail crossings equipped with an automatic railroad 
grade crossing
enforcement system shall be posted with a sign 
visible to approaching traffic
stating that the railroad grade 
crossing is being monitored, that citations
will be issued, 
and the amount of the fine for violation.

 (g) The compensation paid for an automated railroad grade 
crossing enforcement system must be based on the value of the 
equipment or the services provided and may not be based on the 
number of citations issued or the revenue generated by the 
system.


 (h) (Blank).)


 (i) If any part or parts of this Section are held by a 
court of competent
jurisdiction to be unconstitutional, the 
unconstitutionality shall not affect
the validity of the 
remaining parts of this Section. The General Assembly
hereby 
declares that it would have passed the remaining parts of this 
Section
if it had known that the other part or parts of this 
Section would be declared
unconstitutional.

 (j) Penalty. A civil fine of
$250 shall be imposed for a 
first violation of this Section, and a civil fine of $500 shall 
be
imposed for a second or subsequent violation of this 
Section.

(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; 
revised 11-24-21.)




 (625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)



 Sec. 13-108. Hearing on complaint against official testing 
station or official portable emissions testing company; 
suspension or
revocation of permit. If it appears to the 
Department, either through its own investigation or
upon 
charges verified under oath, that any of the provisions of 
this
Chapter or the rules and regulations of the Department, 
are being violated,
the Department, shall, after notice to the 
person, firm, or corporation
charged with such violation, 
conduct a hearing. At least 10 days prior to
the date of such 
hearing the Department shall cause to be served upon the

person, firm, or corporation charged with such violation, a 
copy of such
charge or charges by registered mail or by the 
personal service thereof,
together with a notice specifying 
the time and place of such hearing. At
the time and place 
specified in such notice, the person, firm, or corporation

charged with such violation shall be given an opportunity to 
appear in
person or by counsel and to be heard by the Secretary 
of Transportation or
an officer or employee of the Department 
designated in writing by him to
conduct such hearing. If it 
appears from the hearing that such person, firm,
or 
corporation is guilty of the charge preferred against the 
person, firm, or corporation him or it, the
Secretary of 
Transportation may order the permit suspended or revoked, and

the bond forfeited. Any such revocation or suspension shall 
not be a bar to
subsequent arrest and prosecution for 
violation of this Chapter.

(Source: P.A. 102-566, eff. 1-1-22; revised 11-24-21.)





 (625 ILCS 5/13-109.1)



 Sec. 13-109.1. Annual emission inspection tests;

standards; penalties;
funds.
 (a) For each diesel powered vehicle that (i) is registered 
for a gross
weight of
more than 16,000 pounds, (ii) is 
registered within an affected area, and
(iii) is a 2 year
or 
older model year, an annual emission
inspection test
shall be 
conducted at an official testing station or by an official 
portable emissions testing company certified by the Illinois

Department
of Transportation to perform
diesel emission 
inspections pursuant to the standards set forth in
subsection

(b) of this
Section. This annual emission inspection test may 
be conducted in conjunction
with a
semi-annual safety test.

 (a-5) (Blank).

 (b) Diesel emission inspections conducted under this 
Chapter 13 shall be
conducted in accordance with the Society 
of Automotive Engineers Recommended
Practice J1667

"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel 
Powered
Vehicles" and the cutpoint standards set forth in the 
United States
Environmental Protection Agency guidance

document "Guidance to States on Smoke Opacity Cutpoints to be 
used with the
SAE J1667 In-Use Smoke Test Procedure". Those 
procedures and standards, as
now in effect, are made a part of 
this Code, in the same manner as though they
were set out in 
full in this Code.

 Notwithstanding the above cutpoint standards, for motor 
vehicles that are
model years 1973 and
older, until
December 
31,
2002, the level of peak smoke opacity shall not exceed 70 
percent. Beginning
January
1, 2003, for motor vehicles that 
are model years 1973 and older, the level of
peak smoke
opacity 
shall not exceed 55 percent. 

 (c) If the annual emission inspection under subsection (a) 
reveals
that the vehicle is not in compliance with
the
diesel 
emission standards set forth in subsection (b) of this 
Section, the
operator of the
official
testing station or 
official portable emissions testing company shall issue a 
warning notice requiring correction of the
violation. The 
correction shall be made and the vehicle submitted to an

emissions retest at an official testing station or official 
portable emissions testing company certified by the Department 
to
perform diesel emission inspections within 30 days from the 
issuance of the
warning notice requiring correction of the 
violation.

 If, within 30 days from the issuance of the warning 
notice, the vehicle is
not in compliance with the diesel

emission standards set forth in subsection (b) as determined 
by an emissions
retest at an official testing station or 
through an official portable emissions testing company, the 
certified emissions testing operator or the Department shall 
place the vehicle out-of-service in
accordance with the rules 
promulgated by the Department. Operating a vehicle
that has 
been placed out-of-service under this subsection (c) is a 
petty
offense punishable by a $1,000 fine.
The vehicle must 
pass a diesel emission inspection at an official testing

station before it is again placed in service.
The Secretary of 
State, Illinois State Police, and other law enforcement

officers shall enforce this Section.
No emergency vehicle, as 
defined in Section 1-105, may be placed out-of-service

pursuant to this Section.

 The Department, an official testing station, or an 
official portable emissions testing company may issue a 
certificate of
waiver subsequent to a reinspection of a 
vehicle that failed the emissions
inspection. Certificate of 
waiver shall be issued upon determination that
documented 
proof demonstrates that emissions repair costs for the 
noncompliant
vehicle of at least $3,000 have been spent in an 
effort to achieve
compliance with the emission standards set 
forth in subsection (b). The
Department of Transportation 
shall adopt rules for the implementation of this
subsection 
including standards of documented proof as well as the 
criteria by
which a waiver shall be granted.

 (c-5) (Blank).

 (d) (Blank).

(Source: P.A. 102-538, eff. 8-20-21; 102-566, eff. 1-1-22; 
revised 10-12-21.)




 (625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)


 Sec. 15-102. Width of vehicles. 

 (a) On Class III and non-designated State and local 
highways, the total
outside width of any vehicle or load 
thereon shall not exceed 8 feet 6 inches.

 (b) Except during those times when, due to insufficient 
light or unfavorable
atmospheric conditions, persons and 
vehicles on the highway are not clearly
discernible at a 
distance of 1000 feet, the following vehicles may exceed
the 8 
feet 6 inch limitation during the period from a half hour 
before
sunrise to a half hour after sunset:

  (1) Loads of hay, straw or other similar farm products 
 provided that the
load is not more than 12 feet wide.

  (2) Implements of husbandry being transported on 
 another vehicle and the
transporting vehicle while loaded.

  The following requirements apply to the transportation 
 on another vehicle
of an implement of husbandry wider than 
 8 feet 6 inches on the National System
of Interstate and 
 Defense Highways or other highways in the system of State

 highways:

   (A) The driver of a vehicle transporting an 
 implement of husbandry
that exceeds 8 feet 6 inches in 
 width shall obey all traffic laws and shall
check the 
 roadways prior to making a movement in order to ensure 
 that adequate
clearance is available for the movement. 
 It is prima facie evidence that the
driver of a vehicle 
 transporting an implement of husbandry has failed to 
 check
the roadway prior to making a movement if the 
 vehicle is involved in a
collision with a bridge, 
 overpass, fixed structure, or properly placed traffic

 control device or if the vehicle blocks traffic due
to 
 its inability to proceed because of a bridge, 
 overpass, fixed structure, or
properly placed traffic 
 control device.

   (B) Flags shall be displayed so as to wave freely 
 at the extremities of
overwidth objects and at the 
 extreme ends of all protrusions, projections, and

 overhangs. All flags shall be clean, bright red flags 
 with no advertising,
wording, emblem, or insignia 
 inscribed upon them and at least 18 inches square.

   (C) "OVERSIZE LOAD" signs are mandatory on the 
 front and rear of all
vehicles with loads over 10 feet 
 wide. These signs must have 12-inch high
black letters 
 with a 2-inch stroke on a yellow sign that is 7 feet 
 wide by 18
inches high.

   (D) One civilian escort vehicle is required for a 
 load that exceeds 14
feet 6 inches in width and 2 
 civilian escort vehicles are required for a
load that 
 exceeds 16 feet in width on the National System of 
 Interstate and
Defense Highways or other highways in 
 the system of State highways.

   (E) The requirements for a civilian escort vehicle 
 and driver are as
follows:

    (1) The civilian escort vehicle shall be a 
 vehicle not exceeding a gross vehicle weight 
 rating of 26,000 pounds that is
designed to afford 
 clear and unobstructed vision to both front and 
 rear.

    (2) The escort vehicle driver must be properly 
 licensed to operate
the vehicle.

    (3) While in use, the escort vehicle must be 
 equipped with illuminated
rotating, oscillating, 
 or flashing amber lights or flashing amber strobe 
 lights
mounted on top that are of sufficient 
 intensity to be visible at 500 feet in
normal 
 sunlight.

    (4) "OVERSIZE LOAD" signs are mandatory on all 
 escort vehicles. The
sign on an escort vehicle 
 shall have 8-inch high black letters on a yellow

 sign that is 5 feet wide by 12 inches high.

    (5) When only one escort vehicle is required 
 and it is operating on a
two-lane highway, the 
 escort vehicle shall travel approximately 300 feet 
 ahead
of the load. The rotating, oscillating, or 
 flashing lights or flashing amber
strobe lights 
 and an "OVERSIZE LOAD" sign shall be displayed on 
 the escort
vehicle and shall be visible from the 
 front. When only one escort vehicle is
required 
 and it is operating on a multilane divided 
 highway, the escort vehicle
shall travel 
 approximately 300 feet behind the load and the 
 sign and lights
shall be visible from the rear.

    (6) When 2 escort vehicles are required, one 
 escort shall travel
approximately 300 feet ahead 
 of the load and the second escort shall travel

 approximately 300 feet behind the load. The 
 rotating, oscillating, or flashing
lights or 
 flashing amber strobe lights and an "OVERSIZE 
 LOAD" sign shall be
displayed on the escort 
 vehicles and shall be visible from the front on 
 the
lead escort and from the rear on the trailing 
 escort.

    (7) When traveling within the corporate limits 
 of a municipality, the
escort vehicle shall 
 maintain a reasonable and proper distance from the

 oversize load, consistent with existing traffic 
 conditions.

    (8) A separate escort shall be provided for 
 each load hauled.

    (9) The driver of an escort vehicle shall obey 
 all traffic laws.

    (10) The escort vehicle must be in safe 
 operational condition.

    (11) The driver of the escort vehicle must be 
 in radio contact with
the driver of the vehicle 
 carrying the oversize load.

   (F) A transport vehicle while under load of more 
 than 8 feet 6 inches
in width must be equipped with an 
 illuminated rotating, oscillating, or
flashing amber 
 light or lights or a flashing amber strobe light or 
 lights
mounted on the top of the cab that are of 
 sufficient intensity to be visible at
500 feet in 
 normal sunlight. If the load on the transport vehicle 
 blocks the
visibility of the amber lighting from the 
 rear of the vehicle, the vehicle must
also be equipped 
 with an illuminated rotating, oscillating, or flashing 
 amber
light or lights or a flashing amber strobe light 
 or lights mounted on the rear
of the load that are of 
 sufficient intensity to be visible at 500 feet in

 normal sunlight.

   (G) When a flashing amber light is required on the 
 transport vehicle
under load and it is operating on a 
 two-lane highway, the transport vehicle
shall display 
 to the rear at least one rotating, oscillating, or 
 flashing light
or a flashing amber strobe light and an 
 "OVERSIZE LOAD" sign. When a flashing
amber light is 
 required on the transport vehicle under load and it is 
 operating
on a multilane divided highway, the sign and 
 light shall be visible from the
rear.

   (H) Maximum speed shall be 45 miles per hour on all 
 such moves or 5
miles per hour above the posted minimum 
 speed limit, whichever is greater, but
the vehicle 
 shall not at any time exceed the posted maximum speed 
 limit.

  (3) Portable buildings designed and used for 
 agricultural and livestock
raising operations that are not 
 more than 14 feet wide and with not more
than a one-foot 1 
 foot overhang along the left side of the hauling vehicle. 
 However,
the buildings shall not be transported more than 
 10 miles and not on any
route that is part of the National 
 System of Interstate and Defense Highways.

 All buildings when being transported shall display at 
least 2 red
cloth flags, not less than 12 inches square, 
mounted as high as practicable
on the left and right side of 
the building.

 An Illinois State Police escort shall be required if it is 
necessary for this load
to use part of the left lane when 
crossing any 2-laned 2 laned State highway bridge.

 (c) Vehicles propelled by electric power obtained from 
overhead trolley
wires operated wholly within the corporate 
limits of a municipality are
also exempt from the width 
limitation.

 (d) (Blank).

 (d-1) A recreational vehicle, as defined in Section 1-169, 
may exceed 8 feet 6 inches in width if:


  (1) the excess width is attributable to appurtenances 
 that extend 6 inches or less beyond either side of the body 
 of the vehicle; and

  (2) the roadway on which the vehicle is traveling has 
 marked lanes for vehicular traffic that are at least 11 
 feet in width.
 As used in this subsection (d-1) and in subsection (d-2), 
the term appurtenance includes (i) a retracted awning and its 
support hardware and (ii) any appendage that is intended to be 
an integral part of a recreational vehicle.
 (d-2) A recreational vehicle that exceeds 8 feet 6 inches 
in width as provided in subsection (d-1) may travel any 
roadway of the State if the vehicle is being operated between a 
roadway permitted under subsection (d-1) and:
  (1) the location where the recreational vehicle is 
 garaged;
  (2) the destination of the recreational vehicle; or
  (3) a facility for food, fuel, repair, services, or 
 rest.

 (e) A vehicle and load traveling upon the National System 
of Interstate
and Defense Highways or any other highway in the 
system of State highways
that has been designated as a Class I 
or Class II highway by the
Department, or any street or highway 
designated by local authorities, may have a total outside 
width of 8 feet 6
inches, provided that certain safety devices 
that the Department
determines as necessary for the safe and 
efficient operation of motor
vehicles shall not be included in 
the calculation of width.

 Section 5-35 of the Illinois Administrative Procedure Act 
relating to
procedures for rulemaking shall not apply to the 
designation of highways under
this paragraph (e).

 (f) Mirrors required by Section 12-502 of this Code may 
project up to 14 inches beyond each side of
a bus and up to 6 
inches beyond each
side
of any other vehicle, and that 
projection shall not be deemed a
violation of the width 
restrictions of this Section.

 (g) Any person who is convicted of violating this Section 
is subject to
the penalty as provided in paragraph (b) of 
Section 15-113.

 (h) Safety devices identified by the Department in 
accordance with Section 12-812 shall not be deemed a violation 
of the width restrictions of this Section. 
(Source: P.A. 102-441, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 9-22-21.)





 (625 ILCS 5/15-305) (from Ch. 95 1/2, par. 15-305)



 Sec. 15-305. Fees for legal weight but overdimension 
vehicles, combinations,
and loads ;oads, other than house 
trailer combinations.
Fees for special permits to move 
overdimension vehicles, combinations, and
loads, other than 
house trailer combinations, shall be paid by the applicant
to 
the Department at the following rates:
























































90 DayAnnual
LimitedLimited
SingleContinuousContinuous
TripOperationOperation
(a) Overall width of 10 feet

or less, overall height of
14 
feet 6 inches or less,
and 
overall length of 70
feet or less$100.00$400.00
For the first 90 miles$12.00
From 90 miles to 180 miles$15.00
From 180 miles to 270 miles$18.00




























































For more than 270 miles$21.00
(b) Overall width of 12
feet 
or less, overall
height of 14 
feet 6 inches or
less, and 
overall length
of 85 feet or less$150.00$600.00
For the first 90 miles$15.00
From 90 miles to 180 miles$20.00
From 180 miles to 270 miles$25.00
For more than 270 miles$30.00
(c) Overall width of 14
feet 
or less, overall
height of 15 
feet or
less, and overall 
length
of 100 feet or less
Single Trip
Only
For the first 90 miles$25.00
From 90 miles to 180 miles$30.00
From 180 miles to 270 miles$35.00
For more than 270 miles$40.00
















































(d) Overall width of 18
feet 
or less (authorized
only 
under special
conditions and 
for limited
distances), 
overall
height of 16 feet or

less, and overall length
of 
120 feet or less
Single Trip
Only
For the first 90 miles$30.00
From 90 miles to 180 miles$40.00
From 180 miles to 270 miles$50.00
For more than 270 miles$60.00
(e) Overall width of more

than 18 feet (authorized
only 
under special conditions
and 
for limited distances),

overall height more than
16 
feet, and overall length
more 
than 120 feet
Single Trip
Only
For the first 90 miles$50.00
From 90 miles to 180 miles$75.00












From 180 miles to 270 miles$100.00
For more than 270 miles$125.00
 Permits issued under this Section shall be for a vehicle, 
or vehicle
combination and load not exceeding legal weights, ; 
and, in the case of the
limited continuous operation, shall be 
for the same vehicle, vehicle
combination, or like load.

 Escort requirements shall be as prescribed in the 
Department's rules and
regulations. Fees for the Illinois 
State Police vehicle escort, when required, shall
be in 
addition to the permit fees.

(Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)




 (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)



 (Text of Section before amendment by P.A. 101-652)

 Sec. 16-103. Arrest outside county where violation 
committed. 

 Whenever a defendant is arrested upon a warrant charging a 
violation of
this Act in a county other than that in which such 
warrant was issued, the
arresting officer, immediately upon 
the request of the defendant, shall
take such defendant before 
a circuit judge or associate circuit judge in
the county in 
which the arrest was made who shall admit the defendant to
bail 
for his appearance before the court named in the warrant. On 
taking
such bail, the circuit judge or associate circuit judge 
shall certify such
fact on the warrant and deliver the warrant 
and undertaking of bail or
other security, or the drivers 
license of such defendant if deposited,
under the law relating 
to such licenses, in lieu of such security, to the
officer 
having charge of the defendant. Such officer shall then 
immediately
discharge the defendant from arrest and without 
delay deliver such warrant
and such undertaking of bail, or 
other security or drivers license to the
court before which 
the defendant is required to appear.

(Source: P.A. 77-1280.)


 (Text of Section after amendment by P.A. 101-652)

 Sec. 16-103. Arrest outside county where violation 
committed. 

 Whenever a defendant is arrested upon a warrant charging a 
violation of
this Act in a county other than that in which such 
warrant was issued, the
arresting officer, immediately upon 
the request of the defendant, shall
take such defendant before 
a circuit judge or associate circuit judge in
the county in 
which the arrest was made who shall admit the defendant to

pretrial release for his appearance before the court named in 
the warrant. On setting the conditions of pretrial release, 
the circuit judge or associate circuit judge shall certify 
such
fact on the warrant and deliver the warrant and 
conditions of pretrial release, or the drivers license of such 
defendant if deposited,
under the law relating to such 
licenses, in lieu of such security, to the
officer having 
charge of the defendant. Such officer shall then immediately

discharge the defendant from arrest and without delay deliver 
such warrant
and such acknowledgment by the defendant of his 
or her receiving the conditions of pretrial release or drivers 
license to the
court before which the defendant is required to 
appear.

(Source: P.A. 101-652, eff. 1-1-23; revised 11-24-21.)




 (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)


 Sec. 16-105. Disposition of fines and forfeitures. 

 (a) Except as provided in Section 15-113 of this Act and 
except those amounts subject to disbursement by the circuit

clerk under the Criminal and Traffic Assessment Act, fines and 
penalties
recovered under the provisions of Chapters 3 through 
17 and 18b inclusive of this
Code shall be paid and used as 
follows:

  1. For offenses committed upon a highway within the 
 limits of a
city, village, or incorporated town or under 
 the jurisdiction of any
park district, to the treasurer of 
 the particular city, village,
incorporated town, or park 
 district, if the violator was arrested by the
authorities 
 of the city, village, incorporated town, or park district,

 provided the police officers and officials of cities, 
 villages,
incorporated towns, and park districts shall 
 seasonably prosecute for all
fines and penalties under 
 this Code. If the violation is prosecuted by
the 
 authorities of the county, any fines or penalties 
 recovered shall be
paid to the county treasurer, except 
 that fines and penalties recovered from violations 
 arrested by the Illinois State Police shall be remitted to 
 the State Treasurer for deposit into the State Police Law 
 Enforcement Administration Fund. Provided further that if 
 the violator was
arrested by the Illinois State Police, 
 fines and penalties recovered under the
provisions of 
 paragraph (a) of Section 15-113 of this Code or paragraph 
 (e)
of Section 15-316 of this Code shall be remitted 
 Illinois to the State Treasurer who shall
deposit the 
 amount so remitted in the special fund in the State 
 treasury
known as the Road Fund except that if the 
 violation is prosecuted by the
State's Attorney, 10% of 
 the fine or penalty recovered shall be paid to
the State's 
 Attorney as a fee of his office and the balance shall be 
 remitted to the State Treasurer Illinois
for remittance to 
 and
deposit by the State Treasurer as hereinabove 
 provided.

  2. Except as provided in paragraph 4, for offenses 
 committed upon any
highway outside the limits of a
city, 
 village, incorporated town, or park district, to the 
 county
treasurer of the county where the offense was 
 committed except if such
offense was committed on a 
 highway maintained by or under the
supervision of a 
 township, township district, or a road district to the

 Treasurer thereof for deposit in the road and bridge fund 
 of such
township or other district, except that fines and 
 penalties recovered from violations arrested by the 
 Illinois State Police shall be remitted to the State 
 Treasurer for deposit into the State Police Law 
 Enforcement Administration Fund; provided, that fines and 
 penalties recovered
under the provisions of paragraph (a) 
 of Section 15-113, paragraph (d) of
Section 3-401, or 
 paragraph (e) of Section 15-316 of this Code shall
be 
 remitted Illinois to the State Treasurer
who shall deposit 
 the amount so remitted in the special fund in the State

 treasury known as the Road Fund except that if the 
 violation is prosecuted
by the State's Attorney, 10% of 
 the fine or penalty recovered shall be paid
to the State's 
 Attorney as a fee of his office and the balance shall be 
 remitted
to the State Treasurer Illinois for remittance to 
 and deposit
by the State Treasurer as hereinabove 
 provided.

  3. Notwithstanding subsections 1 and 2 of this 
 paragraph, for violations
of overweight and overload 
 limits found in Sections 15-101 through 15-203
of this 
 Code, which are committed upon the highways belonging to 
 the Illinois
State Toll Highway Authority, fines and 
 penalties shall be remitted to
the Illinois State Toll 
 Highway Authority for deposit with the State Treasurer

 into that special fund known as the Illinois State Toll 
 Highway Authority
Fund, except that if the violation is 
 prosecuted by the State's Attorney,
10% of the fine or 
 penalty recovered shall be paid to the State's Attorney
as 
 a fee of his office and the balance shall be remitted to 
 the Illinois
State Toll Highway Authority for remittance 
 to and deposit by the State
Treasurer as hereinabove 
 provided.

  4. With regard to violations of overweight and 
 overload limits found in
Sections 15-101 through 15-203 of 
 this Code committed by operators of vehicles
registered as 
 Special Hauling Vehicles, for offenses committed upon a 
 highway
within the limits of a city, village, or 
 incorporated town or under the
jurisdiction of any park 
 district, all fines and penalties shall be paid over
or 
 retained as required in paragraph 1. However, with regard 
 to the above
offenses committed by operators of vehicles 
 registered as Special Hauling
Vehicles upon any highway 
 outside the limits of a city, village, incorporated
town, 
 or park district, fines and penalties shall be paid over 
 or retained by
the entity having jurisdiction over the 
 road or highway upon which the offense
occurred, except 
 that if the violation is prosecuted by the State's 
 Attorney,
10% of the fine or penalty recovered shall be 
 paid to the State's Attorney as a
fee of his office.

 (b) Failure, refusal, or neglect on the part of any 
judicial or other
officer or employee receiving or having 
custody of any such fine or
forfeiture either before or after a 
deposit with the proper official as
defined in paragraph (a) 
of this Section, shall constitute misconduct in
office and 
shall be grounds for removal therefrom.

(Source: P.A. 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 
revised 10-12-21.)


 Section 580. The Snowmobile Registration and Safety Act is 
amended by changing Section 5-7 as follows:




 (625 ILCS 40/5-7)



 (Text of Section before amendment by P.A. 101-652)
 Sec. 5-7. Operating a snowmobile while under the influence 
of alcohol or
other drug or drugs, intoxicating compound or 
compounds, or a combination of
them; criminal penalties; 
suspension of operating privileges.
 (a) A person may not operate or be in actual physical 
control of a
snowmobile within this State
while:

  1. The alcohol concentration in that person's blood, 
 other bodily substance, or breath is a
concentration at 
 which driving a motor vehicle is prohibited under

 subdivision (1) of subsection (a) of
Section 11-501 of the 
 Illinois Vehicle Code;

  2. The person is under the influence of alcohol;

  3. The person is under the influence of any other drug 
 or combination of
drugs to a degree that renders that 
 person incapable of safely operating a
snowmobile;

  3.1. The person is under the influence of any 
 intoxicating compound or
combination of intoxicating 
 compounds to a degree that renders the person
incapable of 
 safely operating a snowmobile;

  4. The person is under the combined influence of 
 alcohol and any other
drug or drugs or intoxicating 
 compound or compounds to a degree that
renders that person 
 incapable of safely
operating a snowmobile;

  4.3. The person who is not a CDL holder has a 
 tetrahydrocannabinol concentration in the person's whole 
 blood or other bodily substance at which driving a motor 
 vehicle is prohibited under
subdivision (7) of subsection 
 (a) of
Section 11-501 of the Illinois Vehicle Code; 
  4.5. The person who is a CDL holder has any amount of a 
 drug, substance, or
compound in the person's breath, 
 blood, other bodily substance, or urine resulting from the 
 unlawful use or consumption of cannabis listed in the 
 Cannabis Control Act; or 
  5. There is any amount of a drug, substance, or 
 compound in that person's
breath, blood, other bodily 
 substance, or urine resulting from the unlawful use or 
 consumption
of a controlled substance listed in the

 Illinois Controlled Substances Act, methamphetamine as 
 listed in the Methamphetamine Control and Community 
 Protection Act, or intoxicating compound listed in the
use

 of Intoxicating Compounds Act.

 (b) The fact that a person charged with violating this 
Section is or has
been legally entitled to use alcohol, other 
drug or drugs, any
intoxicating
compound or compounds, or any 
combination of them does not constitute a
defense against a 
charge of violating this Section.

 (c) Every person convicted of violating this Section or a 
similar
provision of a local ordinance is guilty of a
Class A 
misdemeanor, except as otherwise provided in this Section.

 (c-1) As used in this Section, "first time offender" means 
any person who has not had a previous conviction or been 
assigned supervision for violating this Section or a similar 
provision of a local ordinance, or any person who has not had a 
suspension imposed under subsection (e) of Section 5-7.1.
 (c-2) For purposes of this Section, the following are 
equivalent to a conviction:
  (1) a forfeiture of bail or collateral deposited to 
 secure a defendant's appearance in court when forfeiture 
 has not been vacated; or
  (2) the failure of a defendant to appear for trial.

 (d) Every person convicted of violating this Section is 
guilty of a
Class 4 felony if:

  1. The person has a previous conviction under this 
 Section;

  2. The offense results in personal injury where a 
 person other than the
operator suffers great bodily harm 
 or permanent disability or disfigurement,
when the 
 violation was a proximate cause of the injuries.
A person 
 guilty of a Class 4 felony under this paragraph 2, if 
 sentenced to a
term of imprisonment, shall be sentenced to 
 not less than one year nor more
than
12 years; or

  3. The offense occurred during a period in which the 
 person's privileges
to
operate a snowmobile are revoked or 
 suspended, and the revocation or
suspension was for a 
 violation of this Section or was imposed under Section

 5-7.1.

 (e) Every person convicted of violating this Section is 
guilty
of a
Class 2 felony if the offense results in the death 
of a person.
A person guilty of a Class 2 felony under this 
subsection (e), if sentenced
to
a term of imprisonment, shall 
be sentenced to a term of not less than 3 years
and not more 
than 14 years.

 (e-1) Every person convicted of violating this Section or 
a similar
provision of a local ordinance who had a child under 
the age of 16 on board the
snowmobile at the time of offense 
shall be subject to a mandatory minimum fine
of $500 and shall 
be subject to a mandatory minimum of 5 days of community

service in a program benefiting children. The assignment under 
this subsection
shall not be subject to suspension nor shall 
the person be eligible for
probation in order to reduce the 
assignment.

 (e-2) Every person found guilty of violating this Section, 
whose operation
of
a snowmobile while in violation of this 
Section proximately caused any incident
resulting in an 
appropriate emergency response, shall be liable for the 
expense
of an emergency response as provided in subsection (i) 
of Section 11-501.01 of the Illinois Vehicle Code.

 (e-3) In addition to any other penalties and liabilities, 
a person who is
found guilty of violating this Section, 
including any person placed on court
supervision, shall be 
fined $100, payable to the circuit clerk, who shall
distribute 
the money to the law enforcement agency that made the arrest or 
as provided in subsection (c) of Section 10-5 of the Criminal 
and Traffic Assessment Act if the arresting agency is a State 
agency, unless more than one agency is responsible for the 
arrest, in which case the amount shall be remitted to each unit 
of government equally. Any moneys received by a law 
enforcement agency under
this subsection (e-3) shall be used 
to purchase law enforcement equipment or to
provide law 
enforcement training that will assist in the prevention of 
alcohol
related criminal violence throughout the State. Law 
enforcement equipment shall
include, but is not limited to, 
in-car video cameras, radar and laser speed
detection devices, 
and alcohol breath testers.

 (f) In addition to any criminal penalties imposed, the

Department of Natural Resources shall suspend the
snowmobile 
operation privileges of
a person convicted or found guilty of 
a misdemeanor under this
Section for a period of one
year, 
except that first-time offenders are exempt from
this 
mandatory one-year one year suspension.

 (g) In addition to any criminal penalties imposed, the 
Department of Natural
Resources shall suspend for a period of 
5 years the snowmobile operation
privileges of any person 
convicted or found guilty of a felony under this
Section.

(Source: P.A. 102-145, eff. 7-23-21; revised 8-5-21.)


 (Text of Section after amendment by P.A. 101-652)
 Sec. 5-7. Operating a snowmobile while under the influence 
of alcohol or
other drug or drugs, intoxicating compound or 
compounds, or a combination of
them; criminal penalties; 
suspension of operating privileges.
 (a) A person may not operate or be in actual physical 
control of a
snowmobile within this State
while:

  1. The alcohol concentration in that person's blood, 
 other bodily substance, or breath is a
concentration at 
 which driving a motor vehicle is prohibited under

 subdivision (1) of subsection (a) of
Section 11-501 of the 
 Illinois Vehicle Code;

  2. The person is under the influence of alcohol;

  3. The person is under the influence of any other drug 
 or combination of
drugs to a degree that renders that 
 person incapable of safely operating a
snowmobile;

  3.1. The person is under the influence of any 
 intoxicating compound or
combination of intoxicating 
 compounds to a degree that renders the person
incapable of 
 safely operating a snowmobile;

  4. The person is under the combined influence of 
 alcohol and any other
drug or drugs or intoxicating 
 compound or compounds to a degree that
renders that person 
 incapable of safely
operating a snowmobile;

  4.3. The person who is not a CDL holder has a 
 tetrahydrocannabinol concentration in the person's whole 
 blood or other bodily substance at which driving a motor 
 vehicle is prohibited under
subdivision (7) of subsection 
 (a) of
Section 11-501 of the Illinois Vehicle Code; 
  4.5. The person who is a CDL holder has any amount of a 
 drug, substance, or
compound in the person's breath, 
 blood, other bodily substance, or urine resulting from the 
 unlawful use or consumption of cannabis listed in the 
 Cannabis Control Act; or 
  5. There is any amount of a drug, substance, or 
 compound in that person's
breath, blood, other bodily 
 substance, or urine resulting from the unlawful use or 
 consumption
of a controlled substance listed in the

 Illinois Controlled Substances Act, methamphetamine as 
 listed in the Methamphetamine Control and Community 
 Protection Act, or intoxicating compound listed in the
use

 of Intoxicating Compounds Act.

 (b) The fact that a person charged with violating this 
Section is or has
been legally entitled to use alcohol, other 
drug or drugs, any
intoxicating
compound or compounds, or any 
combination of them does not constitute a
defense against a 
charge of violating this Section.

 (c) Every person convicted of violating this Section or a 
similar
provision of a local ordinance is guilty of a
Class A 
misdemeanor, except as otherwise provided in this Section.

 (c-1) As used in this Section, "first time offender" means 
any person who has not had a previous conviction or been 
assigned supervision for violating this Section or a similar 
provision of a local ordinance, or any person who has not had a 
suspension imposed under subsection (e) of Section 5-7.1.
 (c-2) For purposes of this Section, the following are 
equivalent to a conviction:
  (1) a violation of the terms of pretrial release when 
 the court has not relieved the defendant of complying with 
 the terms of pretrial release; or
  (2) the failure of a defendant to appear for trial.

 (d) Every person convicted of violating this Section is 
guilty of a
Class 4 felony if:

  1. The person has a previous conviction under this 
 Section;

  2. The offense results in personal injury where a 
 person other than the
operator suffers great bodily harm 
 or permanent disability or disfigurement,
when the 
 violation was a proximate cause of the injuries.
A person 
 guilty of a Class 4 felony under this paragraph 2, if 
 sentenced to a
term of imprisonment, shall be sentenced to 
 not less than one year nor more
than
12 years; or

  3. The offense occurred during a period in which the 
 person's privileges
to
operate a snowmobile are revoked or 
 suspended, and the revocation or
suspension was for a 
 violation of this Section or was imposed under Section

 5-7.1.

 (e) Every person convicted of violating this Section is 
guilty
of a
Class 2 felony if the offense results in the death 
of a person.
A person guilty of a Class 2 felony under this 
subsection (e), if sentenced
to
a term of imprisonment, shall 
be sentenced to a term of not less than 3 years
and not more 
than 14 years.

 (e-1) Every person convicted of violating this Section or 
a similar
provision of a local ordinance who had a child under 
the age of 16 on board the
snowmobile at the time of offense 
shall be subject to a mandatory minimum fine
of $500 and shall 
be subject to a mandatory minimum of 5 days of community

service in a program benefiting children. The assignment under 
this subsection
shall not be subject to suspension nor shall 
the person be eligible for
probation in order to reduce the 
assignment.

 (e-2) Every person found guilty of violating this Section, 
whose operation
of
a snowmobile while in violation of this 
Section proximately caused any incident
resulting in an 
appropriate emergency response, shall be liable for the 
expense
of an emergency response as provided in subsection (i) 
of Section 11-501.01 of the Illinois Vehicle Code.

 (e-3) In addition to any other penalties and liabilities, 
a person who is
found guilty of violating this Section, 
including any person placed on court
supervision, shall be 
fined $100, payable to the circuit clerk, who shall
distribute 
the money to the law enforcement agency that made the arrest or 
as provided in subsection (c) of Section 10-5 of the Criminal 
and Traffic Assessment Act if the arresting agency is a State 
agency, unless more than one agency is responsible for the 
arrest, in which case the amount shall be remitted to each unit 
of government equally. Any moneys received by a law 
enforcement agency under
this subsection (e-3) shall be used 
to purchase law enforcement equipment or to
provide law 
enforcement training that will assist in the prevention of 
alcohol
related criminal violence throughout the State. Law 
enforcement equipment shall
include, but is not limited to, 
in-car video cameras, radar and laser speed
detection devices, 
and alcohol breath testers.

 (f) In addition to any criminal penalties imposed, the

Department of Natural Resources shall suspend the
snowmobile 
operation privileges of
a person convicted or found guilty of 
a misdemeanor under this
Section for a period of one
year, 
except that first-time offenders are exempt from
this 
mandatory one-year one year suspension.

 (g) In addition to any criminal penalties imposed, the 
Department of Natural
Resources shall suspend for a period of 
5 years the snowmobile operation
privileges of any person 
convicted or found guilty of a felony under this
Section.

(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21; 
revised 8-5-21.)

 Section 585. The Clerks of Courts Act is amended by 
changing Section 27.1b as follows:

 (705 ILCS 105/27.1b)
 (Section scheduled to be repealed on January 1, 2024)
 Sec. 27.1b. Circuit court clerk fees. Notwithstanding any 
other provision of law, all fees charged by the clerks of the 
circuit court for the services described in this Section shall 
be established, collected, and disbursed in accordance with 
this Section. Except as otherwise specified in this Section, 
all fees under this Section shall be paid in advance and 
disbursed by each clerk on a monthly basis. In a county with a 
population of over 3,000,000, units of local government and 
school districts shall not be required to pay fees under this 
Section in advance and the clerk shall instead send an 
itemized bill to the unit of local government or school 
district, within 30 days of the fee being incurred, and the 
unit of local government or school district shall be allowed 
at least 30 days from the date of the itemized bill to pay; 
these payments shall be disbursed by each clerk on a monthly 
basis. Unless otherwise specified in this Section, the amount 
of a fee shall be determined by ordinance or resolution of the 
county board and remitted to the county treasurer to be used 
for purposes related to the operation of the court system in 
the county. In a county with a population of over 3,000,000, 
any amount retained by the clerk of the circuit court or 
remitted to the county treasurer shall be subject to 
appropriation by the county board.
 (a) Civil cases. The fee for filing a complaint, petition, 
or other pleading initiating a civil action shall be as set 
forth in the applicable schedule under this subsection in 
accordance with case categories established by the Supreme 
Court in schedules. 
  (1) SCHEDULE 1: not to exceed a total of $366 in a 
 county with a population of 3,000,000 or more and not to 
 exceed $316 in any other county, except as applied to 
 units of local government and school districts in counties 
 with more than 3,000,000 inhabitants an amount not to 
 exceed $190 through December 31, 2021 and $184 on and 
 after January 1, 2022. The fees collected under this 
 schedule shall be disbursed as follows:
   (A) The clerk shall retain a sum, in an amount not 
 to exceed $55 in a county with a population of 
 3,000,000 or more and in an amount not to exceed $45 in 
 any other county determined by the clerk with the 
 approval of the Supreme Court, to be used for court 
 automation, court document storage, and administrative 
 purposes.
   (B) The clerk shall remit up to $21 to the State 
 Treasurer. The State Treasurer shall deposit the 
 appropriate amounts, in accordance with the clerk's 
 instructions, as follows:
    (i) up to $10, as specified by the Supreme 
 Court in accordance with Part 10A of Article II of 
 the Code of Civil Procedure, into the Mandatory 
 Arbitration Fund;
    (ii) $2 into the Access to Justice Fund; and
    (iii) $9 into the Supreme Court Special 
 Purposes Fund.
   (C) The clerk shall remit a sum to the County 
 Treasurer, in an amount not to exceed $290 in a county 
 with a population of 3,000,000 or more and in an amount 
 not to exceed $250 in any other county, as specified by 
 ordinance or resolution passed by the county board, 
 for purposes related to the operation of the court 
 system in the county.
  (2) SCHEDULE 2: not to exceed a total of $357 in a 
 county with a population of 3,000,000 or more and not to 
 exceed $266 in any other county, except as applied to 
 units of local government and school districts in counties 
 with more than 3,000,000 inhabitants an amount not to 
 exceed $190 through December 31, 2021 and $184 on and 
 after January 1, 2022. The fees collected under this 
 schedule shall be disbursed as follows:
   (A) The clerk shall retain a sum, in an amount not 
 to exceed $55 in a county with a population of 
 3,000,000 or more and in an amount not to exceed $45 in 
 any other county determined by the clerk with the 
 approval of the Supreme Court, to be used for court 
 automation, court document storage, and administrative 
 purposes.
   (B) The clerk shall remit up to $21 to the State 
 Treasurer. The State Treasurer shall deposit the 
 appropriate amounts, in accordance with the clerk's 
 instructions, as follows:
    (i) up to $10, as specified by the Supreme 
 Court in accordance with Part 10A of Article II of 
 the Code of Civil Procedure, into the Mandatory 
 Arbitration Fund;
    (ii) $2 into the Access to Justice Fund: and
    (iii) $9 into the Supreme Court Special 
 Purposes Fund.
   (C) The clerk shall remit a sum to the County 
 Treasurer, in an amount not to exceed $281 in a county 
 with a population of 3,000,000 or more and in an amount 
 not to exceed $200 in any other county, as specified by 
 ordinance or resolution passed by the county board, 
 for purposes related to the operation of the court 
 system in the county.
  (3) SCHEDULE 3: not to exceed a total of $265 in a 
 county with a population of 3,000,000 or more and not to 
 exceed $89 in any other county, except as applied to units 
 of local government and school districts in counties with 
 more than 3,000,000 inhabitants an amount not to exceed 
 $190 through December 31, 2021 and $184 on and after 
 January 1, 2022. The fees collected under this schedule 
 shall be disbursed as follows:
   (A) The clerk shall retain a sum, in an amount not 
 to exceed $55 in a county with a population of 
 3,000,000 or more and in an amount not to exceed $22 in 
 any other county determined by the clerk with the 
 approval of the Supreme Court, to be used for court 
 automation, court document storage, and administrative 
 purposes.
   (B) The clerk shall remit $11 to the State 
 Treasurer. The State Treasurer shall deposit the 
 appropriate amounts in accordance with the clerk's 
 instructions, as follows:
    (i) $2 into the Access to Justice Fund; and
    (ii) $9 into the Supreme Court Special 
 Purposes Fund.
   (C) The clerk shall remit a sum to the County 
 Treasurer, in an amount not to exceed $199 in a county 
 with a population of 3,000,000 or more and in an amount 
 not to exceed $56 in any other county, as specified by 
 ordinance or resolution passed by the county board, 
 for purposes related to the operation of the court 
 system in the county.
  (4) SCHEDULE 4: $0.
 (b) Appearance. The fee for filing an appearance in a 
civil action, including a cannabis civil law action under the 
Cannabis Control Act, shall be as set forth in the applicable 
schedule under this subsection in accordance with case 
categories established by the Supreme Court in schedules.
  (1) SCHEDULE 1: not to exceed a total of $230 in a 
 county with a population of 3,000,000 or more and not to 
 exceed $191 in any other county, except as applied to 
 units of local government and school districts in counties 
 with more than 3,000,000 inhabitants an amount not to 
 exceed $75. The fees collected under this schedule shall 
 be disbursed as follows:
   (A) The clerk shall retain a sum, in an amount not 
 to exceed $50 in a county with a population of 
 3,000,000 or more and in an amount not to exceed $45 in 
 any other county determined by the clerk with the 
 approval of the Supreme Court, to be used for court 
 automation, court document storage, and administrative 
 purposes.
   (B) The clerk shall remit up to $21 to the State 
 Treasurer. The State Treasurer shall deposit the 
 appropriate amounts, in accordance with the clerk's 
 instructions, as follows:
    (i) up to $10, as specified by the Supreme 
 Court in accordance with Part 10A of Article II of 
 the Code of Civil Procedure, into the Mandatory 
 Arbitration Fund;
    (ii) $2 into the Access to Justice Fund; and
    (iii) $9 into the Supreme Court Special 
 Purposes Fund.
   (C) The clerk shall remit a sum to the County 
 Treasurer, in an amount not to exceed $159 in a county 
 with a population of 3,000,000 or more and in an amount 
 not to exceed $125 in any other county, as specified by 
 ordinance or resolution passed by the county board, 
 for purposes related to the operation of the court 
 system in the county.
  (2) SCHEDULE 2: not to exceed a total of $130 in a 
 county with a population of 3,000,000 or more and not to 
 exceed $109 in any other county, except as applied to 
 units of local government and school districts in counties 
 with more than 3,000,000 inhabitants an amount not to 
 exceed $75. The fees collected under this schedule shall 
 be disbursed as follows:
   (A) The clerk shall retain a sum, in an amount not 
 to exceed $50 in a county with a population of 
 3,000,000 or more and in an amount not to exceed $10 in 
 any other county determined by the clerk with the 
 approval of the Supreme Court, to be used for court 
 automation, court document storage, and administrative 
 purposes.
   (B) The clerk shall remit $9 to the State 
 Treasurer, which the State Treasurer shall deposit 
 into the Supreme Court Special Purposes Fund.
   (C) The clerk shall remit a sum to the County 
 Treasurer, in an amount not to exceed $71 in a county 
 with a population of 3,000,000 or more and in an amount 
 not to exceed $90 in any other county, as specified by 
 ordinance or resolution passed by the county board, 
 for purposes related to the operation of the court 
 system in the county.
  (3) SCHEDULE 3: $0.
 (b-5) Kane County and Will County. In Kane County and Will 
County civil cases, there is an additional fee of up to $30 as 
set by the county board under Section 5-1101.3 of the Counties 
Code to be paid by each party at the time of filing the first 
pleading, paper, or other appearance; provided that no 
additional fee shall be required if more than one party is 
represented in a single pleading, paper, or other appearance. 
Distribution of fees collected under this subsection (b-5) 
shall be as provided in Section 5-1101.3 of the Counties Code. 
 (c) Counterclaim or third party complaint. When any 
defendant files a counterclaim or third party complaint, as 
part of the defendant's answer or otherwise, the defendant 
shall pay a filing fee for each counterclaim or third party 
complaint in an amount equal to the filing fee the defendant 
would have had to pay had the defendant brought a separate 
action for the relief sought in the counterclaim or third 
party complaint, less the amount of the appearance fee, if 
any, that the defendant has already paid in the action in which 
the counterclaim or third party complaint is filed.
 (d) Alias summons. The clerk shall collect a fee not to 
exceed $6 in a county with a population of 3,000,000 or more 
and not to exceed $5 in any other county for each alias summons 
or citation issued by the clerk, except as applied to units of 
local government and school districts in counties with more 
than 3,000,000 inhabitants an amount not to exceed $5 for each 
alias summons or citation issued by the clerk.
 (e) Jury services. The clerk shall collect, in addition to 
other fees allowed by law, a sum not to exceed $212.50, as a 
fee for the services of a jury in every civil action not 
quasi-criminal in its nature and not a proceeding for the 
exercise of the right of eminent domain and in every other 
action wherein the right of trial by jury is or may be given by 
law. The jury fee shall be paid by the party demanding a jury 
at the time of filing the jury demand. If the fee is not paid 
by either party, no jury shall be called in the action or 
proceeding, and the action or proceeding shall be tried by the 
court without a jury.
 (f) Change of venue. In connection with a change of venue:
  (1) The clerk of the jurisdiction from which the case 
 is transferred may charge a fee, not to exceed $40, for the 
 preparation and certification of the record; and
  (2) The clerk of the jurisdiction to which the case is 
 transferred may charge the same filing fee as if it were 
 the commencement of a new suit.
 (g) Petition to vacate or modify.
  (1) In a proceeding involving a petition to vacate or 
 modify any final judgment or order filed within 30 days 
 after the judgment or order was entered, except for an 
 eviction case, small claims case, petition to reopen an 
 estate, petition to modify, terminate, or enforce a 
 judgment or order for child or spousal support, or 
 petition to modify, suspend, or terminate an order for 
 withholding, the fee shall not exceed $60 in a county with 
 a population of 3,000,000 or more and shall not exceed $50 
 in any other county, except as applied to units of local 
 government and school districts in counties with more than 
 3,000,000 inhabitants an amount not to exceed $50.
  (2) In a proceeding involving a petition to vacate or 
 modify any final judgment or order filed more than 30 days 
 after the judgment or order was entered, except for a 
 petition to modify, terminate, or enforce a judgment or 
 order for child or spousal support, or petition to modify, 
 suspend, or terminate an order for withholding, the fee 
 shall not exceed $75.
  (3) In a proceeding involving a motion to vacate or 
 amend a final order, motion to vacate an ex parte 
 judgment, judgment of forfeiture, or "failure to appear" 
 or "failure to comply" notices sent to the Secretary of 
 State, the fee shall equal $40.
 (h) Appeals preparation. The fee for preparation of a 
record on appeal shall be based on the number of pages, as 
follows:
  (1) if the record contains no more than 100 pages, the 
 fee shall not exceed $70 in a county with a population of 
 3,000,000 or more and shall not exceed $50 in any other 
 county;
  (2) if the record contains between 100 and 200 pages, 
 the fee shall not exceed $100; and
  (3) if the record contains 200 or more pages, the 
 clerk may collect an additional fee not to exceed 25 cents 
 per page.
 (i) Remands. In any cases remanded to the circuit court 
from the Supreme Court or the appellate court for a new trial, 
the clerk shall reinstate the case with either its original 
number or a new number. The clerk shall not charge any new or 
additional fee for the reinstatement. Upon reinstatement, the 
clerk shall advise the parties of the reinstatement. Parties 
shall have the same right to a jury trial on remand and 
reinstatement that they had before the appeal, and no 
additional or new fee or charge shall be made for a jury trial 
after remand.
 (j) Garnishment, wage deduction, and citation. In 
garnishment affidavit, wage deduction affidavit, and citation 
petition proceedings:
  (1) if the amount in controversy in the proceeding is 
 not more than $1,000, the fee may not exceed $35 in a 
 county with a population of 3,000,000 or more and may not 
 exceed $15 in any other county, except as applied to units 
 of local government and school districts in counties with 
 more than 3,000,000 inhabitants an amount not to exceed 
 $15;
  (2) if the amount in controversy in the proceeding is 
 greater than $1,000 and not more than $5,000, the fee may 
 not exceed $45 in a county with a population of 3,000,000 
 or more and may not exceed $30 in any other county, except 
 as applied to units of local government and school 
 districts in counties with more than 3,000,000 inhabitants 
 an amount not to exceed $30; and
  (3) if the amount in controversy in the proceeding is 
 greater than $5,000, the fee may not exceed $65 in a county 
 with a population of 3,000,000 or more and may not exceed 
 $50 in any other county, except as applied to units of 
 local government and school districts in counties with 
 more than 3,000,000 inhabitants an amount not to exceed 
 $50.
 (j-5) Debt collection. In any proceeding to collect a debt 
subject to the exception in item (ii) of subparagraph (A-5) of 
paragraph (1) of subsection (z) of this Section, the circuit 
court shall order and the clerk shall collect from each 
judgment debtor a fee of: 
  (1) $35 if the amount in controversy in the proceeding 
 is not more than $1,000;
  (2) $45 if the amount in controversy in the proceeding 
 is greater than $1,000 and not more than $5,000; and 
  (3) $65 if the amount in controversy in the proceeding 
 is greater than $5,000. 
 (k) Collections.
  (1) For all collections made of others, except the 
 State and county and except in maintenance or child 
 support cases, the clerk may collect a fee of up to 2.5% of 
 the amount collected and turned over.
  (2) In child support and maintenance cases, the clerk 
 may collect an annual fee of up to $36 from the person 
 making payment for maintaining child support records and 
 the processing of support orders to the State of Illinois 
 KIDS system and the recording of payments issued by the 
 State Disbursement Unit for the official record of the 
 Court. This fee is in addition to and separate from 
 amounts ordered to be paid as maintenance or child support 
 and shall be deposited into a Separate Maintenance and 
 Child Support Collection Fund, of which the clerk shall be 
 the custodian, ex officio, to be used by the clerk to 
 maintain child support orders and record all payments 
 issued by the State Disbursement Unit for the official 
 record of the Court. The clerk may recover from the person 
 making the maintenance or child support payment any 
 additional cost incurred in the collection of this annual 
 fee.
  (3) The clerk may collect a fee of $5 for 
 certifications made to the Secretary of State as provided 
 in Section 7-703 of the Illinois Vehicle Code, and this 
 fee shall be deposited into the Separate Maintenance and 
 Child Support Collection Fund.
  (4) In proceedings
to foreclose the lien of delinquent 
 real estate taxes, State's Attorneys
shall receive a fee 
 of 10%
of the total amount realized from the sale of real 
 estate sold in the
proceedings. The clerk shall collect 
 the fee from the total amount realized from
the sale of the 
 real estate sold in the proceedings and remit to the 
 County Treasurer to be credited to the earnings of the 
 Office of the State's Attorney. 
 (l) Mailing. The fee for the clerk mailing documents shall 
not exceed $10 plus the cost of postage.
 (m) Certified copies. The fee for each certified copy of a 
judgment, after the first copy, shall not exceed $10.
 (n) Certification, authentication, and reproduction.
  (1) The fee for each certification or authentication 
 for taking the acknowledgment of a deed or other 
 instrument in writing with the seal of office shall not 
 exceed $6.
  (2) The fee for reproduction of any document contained 
 in the clerk's files shall not exceed:
   (A) $2 for the first page;
   (B) 50 cents per page for the next 19 pages; and
   (C) 25 cents per page for all additional pages.
 (o) Record search. For each record search, within a 
division or municipal district, the clerk may collect a search 
fee not to exceed $6 for each year searched.
 (p) Hard copy. For each page of hard copy print output, 
when case records are maintained on an automated medium, the 
clerk may collect a fee not to exceed $10 in a county with a 
population of 3,000,000 or more and not to exceed $6 in any 
other county, except as applied to units of local government 
and school districts in counties with more than 3,000,000 
inhabitants an amount not to exceed $6.
 (q) Index inquiry and other records. No fee shall be 
charged for a single plaintiff and defendant index inquiry or 
single case record inquiry when this request is made in person 
and the records are maintained in a current automated medium, 
and when no hard copy print output is requested. The fees to be 
charged for management records, multiple case records, and 
multiple journal records may be specified by the Chief Judge 
pursuant to the guidelines for access and dissemination of 
information approved by the Supreme Court.
 (r) Performing a marriage. There shall be a $10 fee for 
performing a marriage in court.
 (s) Voluntary assignment. For filing each deed of 
voluntary assignment, the clerk shall collect a fee not to 
exceed $20. For recording a deed of voluntary assignment, the 
clerk shall collect a fee not to exceed 50 cents for each 100 
words. Exceptions filed to claims presented to an assignee of 
a debtor who has made a voluntary assignment for the benefit of 
creditors shall be considered and treated, for the purpose of 
taxing costs therein, as actions in which the party or parties 
filing the exceptions shall be considered as party or parties 
plaintiff, and the claimant or claimants as party or parties 
defendant, and those parties respectively shall pay to the 
clerk the same fees as provided by this Section to be paid in 
other actions.
 (t) Expungement petition. The clerk may collect a fee not 
to exceed $60 for each expungement petition filed and an 
additional fee not to exceed $4 for each certified copy of an 
order to expunge arrest records.
 (u) Transcripts of judgment. For the filing of a 
transcript of judgment, the clerk may collect the same fee as 
if it were the commencement of a new suit.
 (v) Probate filings.
  (1) For each account (other than one final account) 
 filed in the estate of a decedent, or ward, the fee shall 
 not exceed $25.
  (2) For filing a claim in an estate when the amount 
 claimed is greater than $150 and not more than $500, the 
 fee shall not exceed $40 in a county with a population of 
 3,000,000 or more and shall not exceed $25 in any other 
 county; when the amount claimed is greater than $500 and 
 not more than $10,000, the fee shall not exceed $55 in a 
 county with a population of 3,000,000 or more and shall 
 not exceed $40 in any other county; and when the amount 
 claimed is more than $10,000, the fee shall not exceed $75 
 in a county with a population of 3,000,000 or more and 
 shall not exceed $60 in any other county; except the court 
 in allowing a claim may add to the amount allowed the 
 filing fee paid by the claimant.
  (3) For filing in an estate a claim, petition, or 
 supplemental proceeding based upon an action seeking 
 equitable relief including the construction or contest of 
 a will, enforcement of a contract to make a will, and 
 proceedings involving testamentary trusts or the 
 appointment of testamentary trustees, the fee shall not 
 exceed $60.
  (4) There shall be no fee for filing in an estate: (i) 
 the appearance of any person for the purpose of consent; 
 or (ii) the appearance of an executor, administrator, 
 administrator to collect, guardian, guardian ad litem, or 
 special administrator.
  (5) For each jury demand, the fee shall not exceed 
 $137.50.
  (6) For each certified copy of letters of office, of 
 court order, or other certification, the fee shall not 
 exceed
$2 per page.
  (7) For each exemplification, the fee shall not exceed 
 $2, plus the fee for certification.
  (8) The executor, administrator, guardian, petitioner, 
 or other interested person or his or her attorney shall 
 pay the cost of publication by the clerk directly to the 
 newspaper.
  (9) The person on whose behalf a charge is incurred 
 for witness, court reporter, appraiser, or other 
 miscellaneous fees shall pay the same directly to the 
 person entitled thereto.
  (10) The executor, administrator, guardian, 
 petitioner, or other interested person or his or her 
 attorney shall pay to the clerk all postage charges 
 incurred by the clerk in mailing petitions, orders, 
 notices, or other documents pursuant to the provisions of 
 the Probate Act of 1975.
 (w) Corrections of numbers. For correction of the case 
number, case title, or attorney computer identification 
number, if required by rule of court, on any document filed in 
the clerk's office, to be charged against the party that filed 
the document, the fee shall not exceed $25.
 (x) Miscellaneous.
  (1) Interest earned on any fees collected by the clerk 
 shall be turned over to the county general fund as an 
 earning of the office.
  (2) For any check, draft, or other bank instrument 
 returned to the clerk for non-sufficient funds, account 
 closed, or payment stopped, the clerk shall collect a fee 
 of $25.
 (y) Other fees. Any fees not covered in this Section shall 
be set by rule or administrative order of the circuit court 
with the approval of the Administrative Office of the Illinois 
Courts. The clerk of the circuit court may provide services in 
connection with the operation of the clerk's office, other 
than those services mentioned in this Section, as may be 
requested by the public and agreed to by the clerk and approved 
by the Chief Judge. Any charges for additional services shall 
be as agreed to between the clerk and the party making the 
request and approved by the Chief Judge. Nothing in this 
subsection shall be construed to require any clerk to provide 
any service not otherwise required by law.
 (y-5) Unpaid fees. Unless a court ordered payment schedule 
is implemented or the fee
requirements of this Section are 
waived under a court order, the clerk of
the circuit court may 
add to any unpaid fees and costs under this Section a 
delinquency
amount equal to 5% of the unpaid fees that remain 
unpaid after 30 days, 10% of
the unpaid fees that remain unpaid 
after 60 days, and 15% of the unpaid fees
that remain unpaid 
after 90 days. Notice to those parties may be made by
signage 
posting or publication. The additional delinquency amounts 
collected under this Section shall
be deposited into the 
Circuit Court Clerk Operations and Administration Fund and 
used to defray additional administrative costs incurred by the 
clerk of the
circuit court in collecting unpaid fees and 
costs. 
 (z) Exceptions.
  (1) No fee authorized by this Section shall apply to:
   (A) police departments or other law enforcement 
 agencies. In this Section, "law enforcement agency" 
 means: an agency of the State or agency of a unit of 
 local government which is vested by law or ordinance 
 with the duty to maintain public order and to enforce 
 criminal laws or ordinances; the Attorney General; or 
 any State's Attorney;
   (A-5) any unit of local government or school 
 district, except in counties having a population of 
 500,000 or more the county board may by resolution set 
 fees for units of local government or school districts 
 no greater than the minimum fees applicable in 
 counties with a population less than 3,000,000; 
 provided however, no fee may be charged to any unit of 
 local government or school district in connection with 
 any action which, in whole or in part, is: (i) to 
 enforce an ordinance; (ii) to collect a debt; or (iii) 
 under the Administrative Review Law; 
   (B) any action instituted by the corporate 
 authority of a municipality with more than 1,000,000 
 inhabitants under Section 11-31-1 of the Illinois 
 Municipal Code and any action instituted under 
 subsection (b) of Section 11-31-1 of the Illinois 
 Municipal Code by a private owner or tenant of real 
 property within 1,200 feet of a dangerous or unsafe 
 building seeking an order compelling the owner or 
 owners of the building to take any of the actions 
 authorized under that subsection;
   (C) any commitment petition or petition for an 
 order authorizing the administration of psychotropic 
 medication or electroconvulsive therapy under the 
 Mental Health and Developmental Disabilities Code;
   (D) a petitioner in any order of protection 
 proceeding, including, but not limited to, fees for 
 filing, modifying, withdrawing, certifying, or 
 photocopying petitions for orders of protection, 
 issuing alias summons, any related filing service, or 
 certifying, modifying, vacating, or photocopying any 
 orders of protection; or
   (E) proceedings for the appointment of a 
 confidential intermediary under the Adoption Act.
  (2) No fee other than the filing fee contained in the 
 applicable schedule in subsection (a) shall be charged to 
 any person in connection with an adoption proceeding.
  (3) Upon good cause shown, the court may waive any 
 fees associated with a special needs adoption. The term 
 "special needs adoption" has the meaning provided by the 
 Illinois Department of Children and Family Services.
 (aa) This Section is repealed on January 1, 2024. 

(Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; 
102-278, eff. 8-6-21; 102-558, eff. 8-20-21; revised 
10-13-21.)

 Section 590. The Criminal and Traffic Assessment Act is 
amended by changing Section 15-70 as follows:

 (705 ILCS 135/15-70)

 (Section scheduled to be repealed on January 1, 2024)
 Sec. 15-70. Conditional assessments. In addition to 
payments under one of the Schedule of Assessments 1 through 13 
of this Act, the court shall also order payment of any of the 
following conditional assessment amounts for each sentenced 
violation in the case to which a conditional assessment is 
applicable, which shall be collected and remitted by the Clerk 
of the Circuit Court as provided in this Section:
  (1) arson, residential arson, or aggravated arson, 
 $500 per conviction to the State Treasurer for deposit 
 into the Fire Prevention Fund;
  (2) child pornography under Section 11-20.1 of the 
 Criminal Code of 1961 or the Criminal Code of 2012, $500 
 per conviction, unless more than one agency is responsible 
 for the arrest in which case the amount shall be remitted 
 to each unit of government equally:
   (A) if the arresting agency is an agency of a unit 
 of local government, $500 to the treasurer of the unit 
 of local government for deposit into the unit of local 
 government's General Fund, except that if the Illinois 
 State Police provides digital or electronic forensic 
 examination assistance, or both, to the arresting 
 agency then $100 to the State Treasurer for deposit 
 into the State Crime Laboratory Fund; or
   (B) if the arresting agency is the Illinois State 
 Police, $500 to the State Treasurer for deposit into 
 the State Crime Laboratory Fund;
  (3)
crime laboratory drug analysis for a drug-related 
 offense involving possession or delivery of cannabis or 
 possession or delivery of a controlled substance as 
 defined in the Cannabis Control Act, the Illinois 
 Controlled Substances Act, or the Methamphetamine Control 
 and Community Protection Act, $100 reimbursement for 
 laboratory analysis, as set forth in subsection (f) of 
 Section 5-9-1.4 of the Unified Code of Corrections;
  (4)
DNA analysis, $250 on each conviction in which it 
 was used to the State Treasurer for deposit into the State 
 Crime Laboratory Fund as set forth in Section 5-9-1.4 of 
 the Unified Code of Corrections;
  (5)
DUI analysis, $150 on each sentenced violation in 
 which it was used as set forth in subsection (f) of Section 
 5-9-1.9 of the Unified Code of Corrections;
  (6) drug-related
offense involving possession or 
 delivery of cannabis or possession or delivery
of a 
 controlled substance, other than methamphetamine, as 
 defined in the Cannabis Control Act
or the Illinois 
 Controlled Substances Act, an amount not less than
the 
 full street value of the cannabis or controlled substance 
 seized for each conviction to be disbursed as follows:
   (A) 12.5% of the street value assessment shall be 
 paid into the Youth Drug Abuse Prevention Fund, to be 
 used by the Department of Human Services for the 
 funding of programs and services for drug-abuse 
 treatment, and prevention and education services;
   (B) 37.5% to the county in which the charge was 
 prosecuted, to be deposited into the county General 
 Fund;
   (C) 50% to the treasurer of the arresting law 
 enforcement agency of the municipality or county, or 
 to the State Treasurer if the arresting agency was a 
 state agency, to be deposited as provided in 
 subsection (c) of Section 10-5;
   (D) if the arrest was made in combination with 
 multiple law enforcement agencies, the clerk shall 
 equitably allocate the portion in subparagraph (C) of 
 this paragraph (6) among the law enforcement agencies 
 involved in the arrest;
  (6.5) Kane County or Will County, in felony, 
 misdemeanor, local or county ordinance, traffic, or 
 conservation cases, up to $30 as set by the county board 
 under Section 5-1101.3 of the Counties Code upon the entry 
 of a judgment of conviction, an order of supervision, or a 
 sentence of probation without entry of judgment under 
 Section 10 of the Cannabis Control Act, Section 410 of the 
 Illinois Controlled Substances Act, Section 70 of the 
 Methamphetamine Control and Community Protection Act, 
 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of 
 the Criminal Code of 1961 or the Criminal Code of 2012, 
 Section 10-102 of the Illinois Alcoholism and Other Drug 
 Dependency Act, or Section 10 of the Steroid Control Act; 
 except in local or county ordinance, traffic, and 
 conservation cases, if fines are paid in full without a 
 court appearance, then the assessment shall not be imposed 
 or collected. Distribution of assessments collected under 
 this paragraph (6.5) shall be as provided in Section 
 5-1101.3 of the Counties Code;
  (7) methamphetamine-related
offense involving 
 possession or delivery of methamphetamine or any salt of 
 an optical isomer of methamphetamine or possession of a 
 methamphetamine manufacturing material as set forth in 
 Section 10 of the Methamphetamine Control and Community 
 Protection Act with the intent to manufacture a substance 
 containing methamphetamine or salt of an optical isomer of 
 methamphetamine, an amount not less than
the full street 
 value of the methamphetamine or salt of an optical isomer 
 of methamphetamine or methamphetamine manufacturing 
 materials seized for each conviction to be disbursed as 
 follows:
   (A) 12.5% of the street value assessment shall be 
 paid into the Youth Drug Abuse Prevention Fund, to be 
 used by the Department of Human Services for the 
 funding of programs and services for drug-abuse 
 treatment, and prevention and education services;
   (B) 37.5% to the county in which the charge was 
 prosecuted, to be deposited into the county General 
 Fund;
   (C) 50% to the treasurer of the arresting law 
 enforcement agency of the municipality or county, or 
 to the State Treasurer if the arresting agency was a 
 state agency, to be deposited as provided in 
 subsection (c) of Section 10-5;
   (D) if the arrest was made in combination with 
 multiple law enforcement agencies, the clerk shall 
 equitably allocate the portion in subparagraph (C) of 
 this paragraph (6) among the law enforcement agencies 
 involved in the arrest;
  (8)
order of protection violation under Section 12-3.4 
 of the Criminal Code of 2012, $200 for each conviction to 
 the county treasurer for deposit into the Probation and 
 Court Services Fund for implementation of a domestic 
 violence surveillance program and any other assessments or 
 fees imposed under Section 5-9-1.16 of the Unified Code of 
 Corrections;
  (9)
order of protection violation, $25 for each 
 violation to the State Treasurer, for deposit into the 
 Domestic Violence Abuser Services Fund;
  (10)
prosecution by the State's Attorney of a:
   (A) petty or business offense, $4 to the county 
 treasurer of which $2 deposited into the State's 
 Attorney Records Automation Fund and $2 into the 
 Public Defender Records Automation Fund;
   (B) conservation or traffic offense, $2 to the 
 county treasurer for deposit into the State's Attorney 
 Records Automation Fund;
  (11) speeding in a construction zone violation, $250 
 to the State Treasurer for deposit into the Transportation 
 Safety Highway Hire-back Fund, unless (i) the violation 
 occurred on a highway other than an interstate highway and 
 (ii) a county police officer wrote the ticket for the 
 violation, in which case to the county treasurer for 
 deposit into that county's Transportation Safety Highway 
 Hire-back Fund;
  (12) supervision disposition on an offense under the 
 Illinois Vehicle Code or similar provision of a local 
 ordinance, 50 cents, unless waived by the court, into the 
 Prisoner Review Board Vehicle and Equipment Fund;
  (13) victim and offender are family or household 
 members as defined in Section 103 of the Illinois Domestic 
 Violence Act of 1986 and offender pleads guilty
or no 
 contest to or is convicted of murder, voluntary 
 manslaughter,
involuntary manslaughter, burglary, 
 residential burglary, criminal trespass
to residence, 
 criminal trespass to vehicle, criminal trespass to land,

 criminal damage to property, telephone harassment, 
 kidnapping, aggravated
kidnaping, unlawful restraint, 
 forcible detention, child abduction,
indecent solicitation 
 of a child, sexual relations between siblings,

 exploitation of a child, child pornography, assault, 
 aggravated assault,
battery, aggravated battery, heinous 
 battery, aggravated battery of a
child, domestic battery, 
 reckless conduct, intimidation, criminal sexual
assault, 
 predatory criminal sexual assault of a child, aggravated 
 criminal
sexual assault, criminal sexual abuse,
aggravated 
 criminal sexual abuse, violation of an order of 
 protection,
disorderly conduct, endangering the life or 
 health of a child, child
abandonment, contributing to 
 dependency or neglect of child, or cruelty to
children and 
 others, $200 for each sentenced violation to the State 
 Treasurer
for deposit as follows: (i) for sexual assault, 
 as defined in Section 5-9-1.7 of the Unified Code of 
 Corrections, when
the offender and victim are family 
 members, one-half to the Domestic Violence
Shelter and 
 Service Fund, and one-half to the Sexual Assault Services 
 Fund;
(ii) for the remaining offenses to the Domestic 
 Violence Shelter and Service
Fund;
  (14)
violation of Section 11-501 of the Illinois 
 Vehicle Code, Section 5-7 of the Snowmobile Registration 
 and Safety Act, Section 5-16 of the Boat Registration and 
 Safety Act, or a similar provision, whose operation of a 
 motor vehicle, snowmobile, or watercraft while in 
 violation of Section 11-501, Section 5-7 of the Snowmobile 
 Registration and Safety Act, Section 5-16 of the Boat 
 Registration and Safety Act, or a similar provision 
 proximately caused an incident resulting in an appropriate 
 emergency response, $1,000 maximum to the public agency 
 that provided an emergency response related to the 
 person's violation, or as provided in subsection (c) of 
 Section 10-5 if the arresting agency was a State agency, 
 unless more than one agency was responsible for the 
 arrest, in which case the amount shall be remitted to each 
 unit of government equally;
  (15)
violation of Section 401, 407, or 407.2 of the 
 Illinois Controlled Substances Act that proximately caused 
 any incident resulting in an appropriate drug-related 
 emergency response, $1,000 as reimbursement for the 
 emergency response to the law enforcement agency that
made 
 the arrest, or as provided in subsection (c) of Section 
 10-5 if the arresting agency was a State agency, unless 
 more than one agency was responsible for the arrest, in 
 which case the amount shall be remitted to each unit of 
 government equally;
  (16)
violation of reckless driving, aggravated 
 reckless driving, or driving 26 miles per hour or more in 
 excess of the speed limit that triggered an emergency 
 response, $1,000 maximum reimbursement for the emergency 
 response to be distributed in its entirety to a public 
 agency that provided an emergency response related to the 
 person's violation, or as provided in subsection (c) of 
 Section 10-5 if the arresting agency was a State agency, 
 unless more than one agency was responsible for the 
 arrest, in which case the amount shall be remitted to each 
 unit of government equally;
  (17) violation based upon each plea of guilty, 
 stipulation of facts, or finding of guilt resulting in a 
 judgment of conviction or order of supervision for an 
 offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of 
 the Criminal Code of 2012 that results in the imposition 
 of a fine, to be distributed as follows:

   (A) $50 to the county treasurer for deposit into 
 the Circuit Court Clerk Operation and Administrative 
 Fund to cover the costs in administering this 
 paragraph (17);

   (B) $300 to the State Treasurer who shall deposit 
 the portion as follows:

    (i) if the arresting or investigating agency 
 is the Illinois State
Police, into the State 
 Police Law Enforcement Administration Fund;

    (ii) if the arresting or investigating agency 
 is the Department of
Natural Resources, into the 
 Conservation Police Operations Assistance Fund;

    (iii) if the arresting or investigating agency 
 is the Secretary of State,
into the Secretary of 
 State Police Services Fund;

    (iv) if the arresting or investigating agency 
 is the Illinois Commerce
Commission, into the 
 Transportation Regulatory Fund; or

    (v) if more than one of the State agencies in 
 this subparagraph (B) is the arresting or 
 investigating agency, then equal shares with the 
 shares deposited as provided in the applicable 
 items (i) through (iv) of this subparagraph (B); 
 and
   (C) the remainder for deposit into the Specialized 
 Services for Survivors of Human Trafficking Fund;

  (18) weapons violation under Section 24-1.1, 24-1.2, 
 or 24-1.5 of the Criminal Code of 1961 or the Criminal Code 
 of 2012, $100 for each conviction to the State Treasurer 
 for deposit into the Trauma Center Fund; and

  (19) violation of subsection (c) of Section 11-907 of 
 the Illinois Vehicle Code, $250 to the State Treasurer for 
 deposit into the Scott's Law Fund, unless a county or 
 municipal police officer wrote the ticket for the 
 violation, in which case to the county treasurer for 
 deposit into that county's or municipality's 
 Transportation Safety Highway Hire-back Fund to be used as 
 provided in subsection (j) of Section 11-907 of the 
 Illinois Vehicle Code.
(Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20; 
102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff. 
8-20-21; revised 10-13-21.)

 Section 595. The Juvenile Court Act of 1987 is amended by 
setting forth and renumbering multiple versions of Section 
1-4.2 and by changing Sections 1-7, 1-8, 2-10, 2-28, 5-501, 
and 5-901 as follows:

 (705 ILCS 405/1-4.2)
 Sec. 1-4.2. Trauma-sensitive transport.
 (a) The Department of Children and Family Services shall 
ensure the provision of trauma-sensitive transport to minors 
placed in its care
in accordance with this Act. 
Notwithstanding any other law to the contrary, no minor shall 
be
subjected to restraints, as defined in Section 4e of the 
Children and Family Services Act, during the provision of any 
transportation services
provided or arranged by the Department 
of Children and Family Services or its contractual assigns. 
 (b) The Department of Children and Family Services' 
application to the court for approval of an individualized 
trauma-sensitive
transportation plan must include a copy of 
the plan developed in accordance with Section 4e of the 
Children
and Family Services Act and the written approval of 
the Department as required by paragraph (2) of subsection (e) 
of
Section 4e of the Children and Family Services Act. 
 (c) When considering whether to approve the individualized 
trauma-sensitive transportation plan, the court shall
consider 
the minor's best interest and the following additional 
factors: the reason for the transport, the
type of placement 
the minor is being transported from and to, the anticipated 
length of travel, the
clinical needs of the minor, including 
any medical or emotional needs, any available less restrictive

alternatives, and any other factor the court deems relevant. 
The court may require amendments to the
minor's 
trauma-sensitive individualized transportation plan based on 
written findings of fact that the
plan, as written, is not in 
the minor's best interest. 

(Source: P.A. 102-649, eff. 8-27-21.)



 (705 ILCS 405/1-4.3)


 Sec. 1-4.3 1-4.2. Special immigrant minor.
 (a) The court hearing a case under this Act has 
jurisdiction to make the findings necessary to enable a minor 
who has been adjudicated a ward of the court to petition the 
United States Citizenship and Immigration Services for 
classification as a special immigrant juvenile under 8 U.S.C. 
1101(a)(27)(J). A minor for whom the court finds under 
subsection (b) shall remain under the jurisdiction of the 
court until his or her special immigrant juvenile petition is 
filed with the United States Citizenship and Immigration 
Services, or its successor agency.
 (b) If a motion requests findings regarding Special 
Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and 
the evidence, which may consist solely of, but is not limited 
to, a declaration of the minor, supports the findings, the 
court shall issue an order that includes the following 
findings:
  (1) the minor is:
   (i) declared a dependent of the court; or
   (ii) legally committed to, or placed under the 
 custody of, a State agency or department, or an 
 individual or entity appointed by the court;
  (2) that reunification of the minor with one or both 
 of the minor's parents is not viable due to abuse, 
 neglect, abandonment, or other similar basis; and
  (3) that it is not in the best interest of the minor to 
 be returned to the minor's or parent's previous country of 
 nationality or last habitual residence.
 (c) For purposes of this Section:
 "Abandonment" means, but is not limited to, the failure of 
a parent or legal guardian to maintain a reasonable degree of 
interest, concern, or responsibility for the welfare of his or 
her minor child or ward. "Abandonment" includes the definition 
of "dependency" provided in Section 2-4.
 "Abuse" has the meaning provided in Section 2-3.
 "Neglect" has the meaning provided in Section 2-3.

(Source: P.A. 102-259, eff. 8-6-21; revised 11-18-21.)




 (705 ILCS 405/1-7)


 (Text of Section before amendment by P.A. 101-652)
 Sec. 1-7. Confidentiality of juvenile law enforcement and 
municipal ordinance violation records. 

 (A) All juvenile law enforcement records which have not 
been expunged are confidential and may never be disclosed to 
the general public or otherwise made widely available. 
Juvenile law enforcement records may be obtained only under 
this Section and Section 1-8 and Part 9 of Article V of this 
Act, when their use is needed for good cause and with an order 
from the juvenile court, as required by those not authorized 
to retain them. Inspection, copying, and disclosure of 
juvenile law enforcement records maintained by law
enforcement 
agencies or records of municipal ordinance violations 
maintained by any State, local, or municipal agency that 
relate to a minor who has been investigated, arrested, or 
taken
into custody before his or her 18th birthday shall be 
restricted to the
following:

  (0.05) The minor who is the subject of the juvenile 
 law enforcement record, his or her parents, guardian, and 
 counsel. 
  (0.10) Judges of the circuit court and members of the 
 staff of the court designated by the judge. 
  (0.15) An administrative adjudication hearing officer 
 or members of the staff designated to assist in the 
 administrative adjudication process. 
  (1) Any local, State, or federal law enforcement 
 officers or designated law enforcement staff of any

 jurisdiction or agency when necessary for the discharge of 
 their official
duties during the investigation or 
 prosecution of a crime or relating to a
minor who has been 
 adjudicated delinquent and there has been a previous 
 finding
that the act which constitutes the previous 
 offense was committed in
furtherance of criminal 
 activities by a criminal street gang, or, when necessary 
 for the discharge of its official duties in connection 
 with a particular investigation of the conduct of a law 
 enforcement officer, an independent agency or its staff 
 created by ordinance and charged by a unit of local 
 government with the duty of investigating the conduct of 
 law enforcement officers. For purposes of
this Section, 
 "criminal street gang" has the meaning ascribed to it in

 Section 10 of the Illinois Streetgang Terrorism Omnibus 
 Prevention Act.

  (2) Prosecutors, public defenders, probation officers, 
 social workers, or other
individuals assigned by the court 
 to conduct a pre-adjudication or
pre-disposition 
 investigation, and individuals responsible for supervising

 or providing temporary or permanent care and custody for 
 minors under
the order of the juvenile court, when 
 essential to performing their
responsibilities.

  (3) Federal, State, or local prosecutors, public 
 defenders, probation officers, and designated staff:

   (a) in the course of a trial when institution of 
 criminal proceedings
has been permitted or required 
 under Section 5-805;

   (b) when institution of criminal proceedings has 
 been permitted or required under Section 5-805 and the 
 minor is the
subject
of a proceeding to determine the 
 amount of bail;

   (c) when criminal proceedings have been permitted

 or
required under Section 5-805 and the minor is the 
 subject of a
pre-trial
investigation, pre-sentence 
 investigation, fitness hearing, or proceedings
on an 
 application for probation; or

   (d) in the course of prosecution or administrative 
 adjudication of a violation of a traffic, boating, or 
 fish and game law, or a county or municipal ordinance. 
  (4) Adult and Juvenile Prisoner Review Board.

  (5) Authorized military personnel.

  (5.5) Employees of the federal government authorized 
 by law. 
  (6) Persons engaged in bona fide research, with the 
 permission of the
Presiding Judge and the chief executive 
 of the respective
law enforcement agency; provided that 
 publication of such research results
in no disclosure of a 
 minor's identity and protects the confidentiality
of the 
 minor's record.

  (7) Department of Children and Family Services child 
 protection
investigators acting in their official 
 capacity.

  (8) The appropriate school official only if the agency 
 or officer believes that there is an imminent threat of 
 physical harm to students, school personnel, or others who 
 are present in the school or on school grounds.
   (A) Inspection and copying
shall be limited to 
 juvenile law enforcement records transmitted to the 
 appropriate
school official or officials whom the 
 school has determined to have a legitimate educational 
 or safety interest by a local law enforcement agency 
 under a reciprocal reporting
system established and 
 maintained between the school district and the local 
 law
enforcement agency under Section 10-20.14 of the 
 School Code concerning a minor
enrolled in a school 
 within the school district who has been arrested or 
 taken
into custody for any of the following offenses:

    (i) any violation of Article 24 of the 
 Criminal Code of
1961 or the Criminal Code of 
 2012;

    (ii) a violation of the Illinois Controlled 
 Substances Act;

    (iii) a violation of the Cannabis Control Act;

    (iv) a forcible felony as defined in Section 
 2-8 of the Criminal Code
of 1961 or the Criminal 
 Code of 2012;
    (v) a violation of the Methamphetamine Control 
 and Community Protection Act;


    (vi) a violation of Section 1-2 of the 
 Harassing and Obscene Communications Act; 
    (vii) a violation of the Hazing Act; or 
    (viii) a violation of Section 12-1, 12-2, 
 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 
 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the 
 Criminal Code of 1961 or the Criminal Code of 
 2012. 
   The information derived from the juvenile law 
 enforcement records shall be kept separate from and 
 shall not become a part of the official school record 
 of that child and shall not be a public record. The 
 information shall be used solely by the appropriate 
 school official or officials whom the school has 
 determined to have a legitimate educational or safety 
 interest to aid in the proper rehabilitation of the 
 child and to protect the safety of students and 
 employees in the school. If the designated law 
 enforcement and school officials deem it to be in the 
 best interest of the minor, the student may be 
 referred to in-school or community-based social 
 services if those services are available. 
 "Rehabilitation services" may include interventions by 
 school support personnel, evaluation for eligibility 
 for special education, referrals to community-based 
 agencies such as youth services, behavioral healthcare 
 service providers, drug and alcohol prevention or 
 treatment programs, and other interventions as deemed 
 appropriate for the student. 
   (B) Any information provided to appropriate school 
 officials whom the school has determined to have a 
 legitimate educational or safety interest by local law 
 enforcement officials about a minor who is the subject 
 of a current police investigation that is directly 
 related to school safety shall consist of oral 
 information only, and not written juvenile law 
 enforcement records, and shall be used solely by the 
 appropriate school official or officials to protect 
 the safety of students and employees in the school and 
 aid in the proper rehabilitation of the child. The 
 information derived orally from the local law 
 enforcement officials shall be kept separate from and 
 shall not become a part of the official school record 
 of the child and shall not be a public record. This 
 limitation on the use of information about a minor who 
 is the subject of a current police investigation shall 
 in no way limit the use of this information by 
 prosecutors in pursuing criminal charges arising out 
 of the information disclosed during a police 
 investigation of the minor. For purposes of this 
 paragraph, "investigation" means an official 
 systematic inquiry by a law enforcement agency into 
 actual or suspected criminal activity. 
  (9) Mental health professionals on behalf of the 
 Department of
Corrections or the Department of Human 
 Services or prosecutors who are
evaluating, prosecuting, 
 or investigating a potential or actual petition
brought

 under the Sexually Violent Persons Commitment Act relating 
 to a person who is
the
subject of juvenile law enforcement 
 records or the respondent to a petition
brought under the 
 Sexually Violent Persons Commitment Act who is the subject 
 of
the
juvenile law enforcement records sought.
Any 
 juvenile law enforcement records and any information 
 obtained from those juvenile law enforcement records under 
 this
paragraph (9) may be used only in sexually violent 
 persons commitment
proceedings.

  (10) The president of a park district. Inspection and 
 copying shall be limited to juvenile law enforcement 
 records transmitted to the president of the park district 
 by the Illinois State Police under Section 8-23 of the 
 Park District Code or Section 16a-5 of the Chicago Park 
 District Act concerning a person who is seeking employment 
 with that park district and who has been adjudicated a 
 juvenile delinquent for any of the offenses listed in 
 subsection (c) of Section 8-23 of the Park District Code 
 or subsection (c) of Section 16a-5 of the Chicago Park 
 District Act. 
  (11) Persons managing and designated to participate in 
 a court diversion program as designated in subsection (6) 
 of Section 5-105. 
  (12) The Public Access Counselor of the Office of the 
 Attorney General, when reviewing juvenile law enforcement 
 records under its powers and duties under the Freedom of 
 Information Act. 
  (13) Collection agencies, contracted or otherwise 
 engaged by a governmental entity, to collect any debts due 
 and owing to the governmental entity. 
 (B)(1) Except as provided in paragraph (2), no law 
enforcement
officer or other person or agency may knowingly 
transmit to the Department of
Corrections, the Illinois State 
Police, or the Federal
Bureau of Investigation any fingerprint 
or photograph relating to a minor who
has been arrested or 
taken into custody before his or her 18th birthday,
unless the 
court in proceedings under this Act authorizes the 
transmission or
enters an order under Section 5-805 permitting 
or requiring the
institution of
criminal proceedings.

 (2) Law enforcement officers or other persons or agencies 
shall transmit
to the Illinois State Police copies of 
fingerprints and descriptions
of all minors who have been 
arrested or taken into custody before their
18th birthday for 
the offense of unlawful use of weapons under Article 24 of
the 
Criminal Code of 1961 or the Criminal Code of 2012, a Class X 
or Class 1 felony, a forcible felony as
defined in Section 2-8 
of the Criminal Code of 1961 or the Criminal Code of 2012, or a 
Class 2 or greater
felony under the Cannabis Control Act, the 
Illinois Controlled Substances Act, the Methamphetamine 
Control and Community Protection Act,
or Chapter 4 of the 
Illinois Vehicle Code, pursuant to Section 5 of the
Criminal 
Identification Act. Information reported to the Department 
pursuant
to this Section may be maintained with records that 
the Department files
pursuant to Section 2.1 of the Criminal 
Identification Act. Nothing in this
Act prohibits a law 
enforcement agency from fingerprinting a minor taken into

custody or arrested before his or her 18th birthday for an 
offense other than
those listed in this paragraph (2).

 (C) The records of law enforcement officers, or of an 
independent agency created by ordinance and charged by a unit 
of local government with the duty of investigating the conduct 
of law enforcement officers, concerning all minors under
18 
years of age must be maintained separate from the records of 
arrests and
may not be open to public inspection or their 
contents disclosed to the
public. For purposes of obtaining 
documents under this Section, a civil subpoena is not an order 
of the court.
  (1) In cases where the law enforcement, or independent 
 agency, records concern a pending juvenile court case, the 
 party seeking to inspect the records shall provide actual 
 notice to the attorney or guardian ad litem of the minor 
 whose records are sought.
  (2) In cases where the records concern a juvenile 
 court case that is no longer pending, the party seeking to 
 inspect the records shall provide actual notice to the 
 minor or the minor's parent or legal guardian, and the 
 matter shall be referred to the chief judge presiding over 
 matters pursuant to this Act.
  (3) In determining whether the records should be 
 available for inspection, the court shall consider the 
 minor's interest in confidentiality and rehabilitation 
 over the moving party's interest in obtaining the 
 information. Any records obtained in violation of this 
 subsection (C) shall not be admissible in any criminal or 
 civil proceeding, or operate to disqualify a minor from 
 subsequently holding public office or securing employment, 
 or operate as a forfeiture of any public benefit, right, 
 privilege, or right to receive any license granted by 
 public authority.


 (D) Nothing contained in subsection (C) of this Section 
shall prohibit
the inspection or disclosure to victims and 
witnesses of photographs
contained in the records of law 
enforcement agencies when the
inspection and disclosure is 
conducted in the presence of a law enforcement
officer for the 
purpose of the identification or apprehension of any person

subject to the provisions of this Act or for the investigation 
or
prosecution of any crime.

 (E) Law enforcement officers, and personnel of an 
independent agency created by ordinance and charged by a unit 
of local government with the duty of investigating the conduct 
of law enforcement officers, may not disclose the identity of 
any minor
in releasing information to the general public as to 
the arrest, investigation
or disposition of any case involving 
a minor.

 (F) Nothing contained in this Section shall prohibit law 
enforcement
agencies from communicating with each other by 
letter, memorandum, teletype, or
intelligence alert bulletin 
or other means the identity or other relevant
information 
pertaining to a person under 18 years of age if there are

reasonable grounds to believe that the person poses a real and 
present danger
to the safety of the public or law enforcement 
officers. The information
provided under this subsection (F) 
shall remain confidential and shall not
be publicly disclosed, 
except as otherwise allowed by law.

 (G) Nothing in this Section shall prohibit the right of a 
Civil Service
Commission or appointing authority of any 
federal government, state, county or municipality
examining 
the character and fitness of an applicant for employment with 
a law
enforcement agency, correctional institution, or fire 
department
from obtaining and examining the
records of any law 
enforcement agency relating to any record of the applicant

having been arrested or taken into custody before the 
applicant's 18th
birthday.

 (G-5) Information identifying victims and alleged victims 
of sex offenses shall not be disclosed or open to the public 
under any circumstances. Nothing in this Section shall 
prohibit the victim or alleged victim of any sex offense from 
voluntarily disclosing his or her own identity. 
 (H) The changes made to this Section by Public Act 98-61 
apply to law enforcement records of a minor who has been 
arrested or taken into custody on or after January 1, 2014 (the 
effective date of Public Act 98-61). 
 (H-5) Nothing in this Section shall require any court or 
adjudicative proceeding for traffic, boating, fish and game 
law, or municipal and county ordinance violations to be closed 
to the public. 
 (I) Willful violation of this Section is a Class C 
misdemeanor and each violation is subject to a fine of $1,000. 
This subsection (I) shall not apply to the person who is the 
subject of the record.
 (J) A person convicted of violating this Section is liable 
for damages in the amount of $1,000 or actual damages, 
whichever is greater. 
(Source: P.A. 102-538, eff. 8-20-21.)

 (Text of Section after amendment by P.A. 101-652)

 Sec. 1-7. Confidentiality of juvenile law enforcement and 
municipal ordinance violation records. 

 (A) All juvenile law enforcement records which have not 
been expunged are confidential and may never be disclosed to 
the general public or otherwise made widely available. 
Juvenile law enforcement records may be obtained only under 
this Section and Section 1-8 and Part 9 of Article V of this 
Act, when their use is needed for good cause and with an order 
from the juvenile court, as required by those not authorized 
to retain them. Inspection, copying, and disclosure of 
juvenile law enforcement records maintained by law
enforcement 
agencies or records of municipal ordinance violations 
maintained by any State, local, or municipal agency that 
relate to a minor who has been investigated, arrested, or 
taken
into custody before his or her 18th birthday shall be 
restricted to the
following:

  (0.05) The minor who is the subject of the juvenile 
 law enforcement record, his or her parents, guardian, and 
 counsel. 
  (0.10) Judges of the circuit court and members of the 
 staff of the court designated by the judge. 
  (0.15) An administrative adjudication hearing officer 
 or members of the staff designated to assist in the 
 administrative adjudication process. 
  (1) Any local, State, or federal law enforcement 
 officers or designated law enforcement staff of any

 jurisdiction or agency when necessary for the discharge of 
 their official
duties during the investigation or 
 prosecution of a crime or relating to a
minor who has been 
 adjudicated delinquent and there has been a previous 
 finding
that the act which constitutes the previous 
 offense was committed in
furtherance of criminal 
 activities by a criminal street gang, or, when necessary 
 for the discharge of its official duties in connection 
 with a particular investigation of the conduct of a law 
 enforcement officer, an independent agency or its staff 
 created by ordinance and charged by a unit of local 
 government with the duty of investigating the conduct of 
 law enforcement officers. For purposes of
this Section, 
 "criminal street gang" has the meaning ascribed to it in

 Section 10 of the Illinois Streetgang Terrorism Omnibus 
 Prevention Act.

  (2) Prosecutors, public defenders, probation officers, 
 social workers, or other
individuals assigned by the court 
 to conduct a pre-adjudication or
pre-disposition 
 investigation, and individuals responsible for supervising

 or providing temporary or permanent care and custody for 
 minors under
the order of the juvenile court, when 
 essential to performing their
responsibilities.

  (3) Federal, State, or local prosecutors, public 
 defenders, probation officers, and designated staff:

   (a) in the course of a trial when institution of 
 criminal proceedings
has been permitted or required 
 under Section 5-805;

   (b) when institution of criminal proceedings has 
 been permitted or required under Section 5-805 and the 
 minor is the
subject
of a proceeding to determine the 
 conditions of pretrial release;

   (c) when criminal proceedings have been permitted

 or
required under Section 5-805 and the minor is the 
 subject of a
pre-trial
investigation, pre-sentence 
 investigation, fitness hearing, or proceedings
on an 
 application for probation; or

   (d) in the course of prosecution or administrative 
 adjudication of a violation of a traffic, boating, or 
 fish and game law, or a county or municipal ordinance. 
  (4) Adult and Juvenile Prisoner Review Board.

  (5) Authorized military personnel.

  (5.5) Employees of the federal government authorized 
 by law. 
  (6) Persons engaged in bona fide research, with the 
 permission of the
Presiding Judge and the chief executive 
 of the respective
law enforcement agency; provided that 
 publication of such research results
in no disclosure of a 
 minor's identity and protects the confidentiality
of the 
 minor's record.

  (7) Department of Children and Family Services child 
 protection
investigators acting in their official 
 capacity.

  (8) The appropriate school official only if the agency 
 or officer believes that there is an imminent threat of 
 physical harm to students, school personnel, or others who 
 are present in the school or on school grounds.
   (A) Inspection and copying
shall be limited to 
 juvenile law enforcement records transmitted to the 
 appropriate
school official or officials whom the 
 school has determined to have a legitimate educational 
 or safety interest by a local law enforcement agency 
 under a reciprocal reporting
system established and 
 maintained between the school district and the local 
 law
enforcement agency under Section 10-20.14 of the 
 School Code concerning a minor
enrolled in a school 
 within the school district who has been arrested or 
 taken
into custody for any of the following offenses:

    (i) any violation of Article 24 of the 
 Criminal Code of
1961 or the Criminal Code of 
 2012;

    (ii) a violation of the Illinois Controlled 
 Substances Act;

    (iii) a violation of the Cannabis Control Act;

    (iv) a forcible felony as defined in Section 
 2-8 of the Criminal Code
of 1961 or the Criminal 
 Code of 2012;
    (v) a violation of the Methamphetamine Control 
 and Community Protection Act;


    (vi) a violation of Section 1-2 of the 
 Harassing and Obscene Communications Act; 
    (vii) a violation of the Hazing Act; or 
    (viii) a violation of Section 12-1, 12-2, 
 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 
 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the 
 Criminal Code of 1961 or the Criminal Code of 
 2012. 
   The information derived from the juvenile law 
 enforcement records shall be kept separate from and 
 shall not become a part of the official school record 
 of that child and shall not be a public record. The 
 information shall be used solely by the appropriate 
 school official or officials whom the school has 
 determined to have a legitimate educational or safety 
 interest to aid in the proper rehabilitation of the 
 child and to protect the safety of students and 
 employees in the school. If the designated law 
 enforcement and school officials deem it to be in the 
 best interest of the minor, the student may be 
 referred to in-school or community-based social 
 services if those services are available. 
 "Rehabilitation services" may include interventions by 
 school support personnel, evaluation for eligibility 
 for special education, referrals to community-based 
 agencies such as youth services, behavioral healthcare 
 service providers, drug and alcohol prevention or 
 treatment programs, and other interventions as deemed 
 appropriate for the student. 
   (B) Any information provided to appropriate school 
 officials whom the school has determined to have a 
 legitimate educational or safety interest by local law 
 enforcement officials about a minor who is the subject 
 of a current police investigation that is directly 
 related to school safety shall consist of oral 
 information only, and not written juvenile law 
 enforcement records, and shall be used solely by the 
 appropriate school official or officials to protect 
 the safety of students and employees in the school and 
 aid in the proper rehabilitation of the child. The 
 information derived orally from the local law 
 enforcement officials shall be kept separate from and 
 shall not become a part of the official school record 
 of the child and shall not be a public record. This 
 limitation on the use of information about a minor who 
 is the subject of a current police investigation shall 
 in no way limit the use of this information by 
 prosecutors in pursuing criminal charges arising out 
 of the information disclosed during a police 
 investigation of the minor. For purposes of this 
 paragraph, "investigation" means an official 
 systematic inquiry by a law enforcement agency into 
 actual or suspected criminal activity. 
  (9) Mental health professionals on behalf of the 
 Department of
Corrections or the Department of Human 
 Services or prosecutors who are
evaluating, prosecuting, 
 or investigating a potential or actual petition
brought

 under the Sexually Violent Persons Commitment Act relating 
 to a person who is
the
subject of juvenile law enforcement 
 records or the respondent to a petition
brought under the 
 Sexually Violent Persons Commitment Act who is the subject 
 of
the
juvenile law enforcement records sought.
Any 
 juvenile law enforcement records and any information 
 obtained from those juvenile law enforcement records under 
 this
paragraph (9) may be used only in sexually violent 
 persons commitment
proceedings.

  (10) The president of a park district. Inspection and 
 copying shall be limited to juvenile law enforcement 
 records transmitted to the president of the park district 
 by the Illinois State Police under Section 8-23 of the 
 Park District Code or Section 16a-5 of the Chicago Park 
 District Act concerning a person who is seeking employment 
 with that park district and who has been adjudicated a 
 juvenile delinquent for any of the offenses listed in 
 subsection (c) of Section 8-23 of the Park District Code 
 or subsection (c) of Section 16a-5 of the Chicago Park 
 District Act. 
  (11) Persons managing and designated to participate in 
 a court diversion program as designated in subsection (6) 
 of Section 5-105. 
  (12) The Public Access Counselor of the Office of the 
 Attorney General, when reviewing juvenile law enforcement 
 records under its powers and duties under the Freedom of 
 Information Act. 
  (13) Collection agencies, contracted or otherwise 
 engaged by a governmental entity, to collect any debts due 
 and owing to the governmental entity. 
 (B)(1) Except as provided in paragraph (2), no law 
enforcement
officer or other person or agency may knowingly 
transmit to the Department of
Corrections, the Illinois State 
Police, or the Federal
Bureau of Investigation any fingerprint 
or photograph relating to a minor who
has been arrested or 
taken into custody before his or her 18th birthday,
unless the 
court in proceedings under this Act authorizes the 
transmission or
enters an order under Section 5-805 permitting 
or requiring the
institution of
criminal proceedings.

 (2) Law enforcement officers or other persons or agencies 
shall transmit
to the Illinois State Police copies of 
fingerprints and descriptions
of all minors who have been 
arrested or taken into custody before their
18th birthday for 
the offense of unlawful use of weapons under Article 24 of
the 
Criminal Code of 1961 or the Criminal Code of 2012, a Class X 
or Class 1 felony, a forcible felony as
defined in Section 2-8 
of the Criminal Code of 1961 or the Criminal Code of 2012, or a 
Class 2 or greater
felony under the Cannabis Control Act, the 
Illinois Controlled Substances Act, the Methamphetamine 
Control and Community Protection Act,
or Chapter 4 of the 
Illinois Vehicle Code, pursuant to Section 5 of the
Criminal 
Identification Act. Information reported to the Department 
pursuant
to this Section may be maintained with records that 
the Department files
pursuant to Section 2.1 of the Criminal 
Identification Act. Nothing in this
Act prohibits a law 
enforcement agency from fingerprinting a minor taken into

custody or arrested before his or her 18th birthday for an 
offense other than
those listed in this paragraph (2).

 (C) The records of law enforcement officers, or of an 
independent agency created by ordinance and charged by a unit 
of local government with the duty of investigating the conduct 
of law enforcement officers, concerning all minors under
18 
years of age must be maintained separate from the records of 
arrests and
may not be open to public inspection or their 
contents disclosed to the
public. For purposes of obtaining 
documents under this Section, a civil subpoena is not an order 
of the court.
  (1) In cases where the law enforcement, or independent 
 agency, records concern a pending juvenile court case, the 
 party seeking to inspect the records shall provide actual 
 notice to the attorney or guardian ad litem of the minor 
 whose records are sought.
  (2) In cases where the records concern a juvenile 
 court case that is no longer pending, the party seeking to 
 inspect the records shall provide actual notice to the 
 minor or the minor's parent or legal guardian, and the 
 matter shall be referred to the chief judge presiding over 
 matters pursuant to this Act.
  (3) In determining whether the records should be 
 available for inspection, the court shall consider the 
 minor's interest in confidentiality and rehabilitation 
 over the moving party's interest in obtaining the 
 information. Any records obtained in violation of this 
 subsection (C) shall not be admissible in any criminal or 
 civil proceeding, or operate to disqualify a minor from 
 subsequently holding public office or securing employment, 
 or operate as a forfeiture of any public benefit, right, 
 privilege, or right to receive any license granted by 
 public authority.


 (D) Nothing contained in subsection (C) of this Section 
shall prohibit
the inspection or disclosure to victims and 
witnesses of photographs
contained in the records of law 
enforcement agencies when the
inspection and disclosure is 
conducted in the presence of a law enforcement
officer for the 
purpose of the identification or apprehension of any person

subject to the provisions of this Act or for the investigation 
or
prosecution of any crime.

 (E) Law enforcement officers, and personnel of an 
independent agency created by ordinance and charged by a unit 
of local government with the duty of investigating the conduct 
of law enforcement officers, may not disclose the identity of 
any minor
in releasing information to the general public as to 
the arrest, investigation
or disposition of any case involving 
a minor.

 (F) Nothing contained in this Section shall prohibit law 
enforcement
agencies from communicating with each other by 
letter, memorandum, teletype, or
intelligence alert bulletin 
or other means the identity or other relevant
information 
pertaining to a person under 18 years of age if there are

reasonable grounds to believe that the person poses a real and 
present danger
to the safety of the public or law enforcement 
officers. The information
provided under this subsection (F) 
shall remain confidential and shall not
be publicly disclosed, 
except as otherwise allowed by law.

 (G) Nothing in this Section shall prohibit the right of a 
Civil Service
Commission or appointing authority of any 
federal government, state, county or municipality
examining 
the character and fitness of an applicant for employment with 
a law
enforcement agency, correctional institution, or fire 
department
from obtaining and examining the
records of any law 
enforcement agency relating to any record of the applicant

having been arrested or taken into custody before the 
applicant's 18th
birthday.

 (G-5) Information identifying victims and alleged victims 
of sex offenses shall not be disclosed or open to the public 
under any circumstances. Nothing in this Section shall 
prohibit the victim or alleged victim of any sex offense from 
voluntarily disclosing his or her own identity. 
 (H) The changes made to this Section by Public Act 98-61 
apply to law enforcement records of a minor who has been 
arrested or taken into custody on or after January 1, 2014 (the 
effective date of Public Act 98-61). 
 (H-5) Nothing in this Section shall require any court or 
adjudicative proceeding for traffic, boating, fish and game 
law, or municipal and county ordinance violations to be closed 
to the public. 
 (I) Willful violation of this Section is a Class C 
misdemeanor and each violation is subject to a fine of $1,000. 
This subsection (I) shall not apply to the person who is the 
subject of the record.
 (J) A person convicted of violating this Section is liable 
for damages in the amount of $1,000 or actual damages, 
whichever is greater. 
(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 
revised 10-13-21.)



 (705 ILCS 405/1-8)


 (Text of Section before amendment by P.A. 101-652)
 Sec. 1-8. Confidentiality and accessibility of juvenile 
court records. 

 (A) A juvenile adjudication shall never be considered a 
conviction nor shall an adjudicated individual be considered a 
criminal. Unless expressly allowed by law, a juvenile 
adjudication shall not operate to impose upon the individual 
any of the civil disabilities ordinarily imposed by or 
resulting from conviction. Unless expressly allowed by law, 
adjudications shall not prejudice or disqualify the individual 
in any civil service application or appointment, from holding 
public office, or from receiving any license granted by public 
authority. All juvenile court records which have not been 
expunged are sealed and may never be disclosed to the general 
public or otherwise made widely available. Sealed juvenile 
court records may be obtained only under this Section and 
Section 1-7 and Part 9 of Article V of this Act, when their use 
is needed for good cause and with an order from the juvenile 
court. Inspection and copying of juvenile court records 
relating to a minor
who is the subject of a proceeding under 
this Act shall be restricted to the
following:

  (1) The minor who is the subject of record, his or her 
 parents, guardian,
and counsel.

  (2) Law enforcement officers and law enforcement 
 agencies when such
information is essential to executing 
 an arrest or search warrant or other
compulsory process, 
 or to conducting an ongoing investigation
or relating to a 
 minor who
has been adjudicated delinquent and there has 
 been a previous finding that
the act which constitutes the 
 previous offense was committed in furtherance
of criminal 
 activities by a criminal street gang.

  Before July 1, 1994, for the purposes of this Section, 
 "criminal street
gang" means any ongoing
organization, 
 association, or group of 3 or more persons, whether formal 
 or
informal, having as one of its primary activities the 
 commission of one or
more criminal acts and that has a 
 common name or common identifying sign,
symbol or specific 
 color apparel displayed, and whose members individually
or 
 collectively engage in or have engaged in a pattern of 
 criminal activity.

  Beginning July 1, 1994, for purposes of this Section, 
 "criminal street
gang" has the meaning ascribed to it in 
 Section 10 of the Illinois Streetgang
Terrorism Omnibus 
 Prevention Act.

  (3) Judges, hearing officers, prosecutors, public 
 defenders, probation officers, social
workers, or other

 individuals assigned by the court to conduct a 
 pre-adjudication or pre-disposition
investigation, and 
 individuals responsible for supervising
or providing 
 temporary or permanent care and custody for minors under 
 the order of the juvenile court when essential to 
 performing their
responsibilities.

  (4) Judges, federal, State, and local prosecutors, 
 public defenders, probation officers, and designated 
 staff:

   (a) in the course of a trial when institution of 
 criminal proceedings
has been permitted or required 
 under Section 5-805;

   (b) when criminal proceedings have been permitted

 or
required under Section 5-805 and a minor is the 
 subject of a
proceeding to
determine the amount of 
 bail;

   (c) when criminal proceedings have been permitted

 or
required under Section 5-805 and a minor is the 
 subject of a
pre-trial
investigation, pre-sentence 
 investigation or fitness hearing, or
proceedings on an 
 application for probation; or

   (d) when a minor becomes 18 years of age or older, 
 and is the subject
of criminal proceedings, including 
 a hearing to determine the amount of
bail, a pre-trial 
 investigation, a pre-sentence investigation, a fitness

 hearing, or proceedings on an application for 
 probation.

  (5) Adult and Juvenile Prisoner Review Boards.

  (6) Authorized military personnel.

  (6.5) Employees of the federal government authorized 
 by law. 
  (7) Victims, their subrogees and legal 
 representatives; however, such
persons shall have access 
 only to the name and address of the minor and
information 
 pertaining to the disposition or alternative adjustment 
 plan
of the juvenile court.

  (8) Persons engaged in bona fide research, with the 
 permission of the
presiding judge of the juvenile court 
 and the chief executive of the agency
that prepared the 
 particular records; provided that publication of such

 research results in no disclosure of a minor's identity 
 and protects the
confidentiality of the record.

  (9) The Secretary of State to whom the Clerk of the 
 Court shall report
the disposition of all cases, as 
 required in Section 6-204 of the Illinois
Vehicle Code. 
 However, information reported relative to these offenses 
 shall
be privileged and available only to the Secretary of 
 State, courts, and police
officers.

  (10) The administrator of a bonafide substance abuse 
 student
assistance program with the permission of the 
 presiding judge of the
juvenile court.

  (11) Mental health professionals on behalf of the 
 Department of
Corrections or the Department of Human 
 Services or prosecutors who are
evaluating, prosecuting, 
 or investigating a potential or actual petition
brought

 under the Sexually Violent Persons Commitment Act relating 
 to a person who is the
subject of
juvenile court records or 
 the respondent to a petition brought under
the
Sexually 
 Violent Persons Commitment Act, who is the subject of 
 juvenile
court records
sought. Any records and any 
 information obtained from those records under this

 paragraph (11) may be used only in sexually violent 
 persons commitment
proceedings.

  (12) Collection agencies, contracted or otherwise 
 engaged by a governmental entity, to collect any debts due 
 and owing to the governmental entity. 
 (A-1) Findings and exclusions of paternity entered in 
proceedings occurring under Article II of this Act shall be 
disclosed, in a manner and form approved by the Presiding 
Judge of the Juvenile Court, to the Department of Healthcare 
and Family Services when necessary to discharge the duties of 
the Department of Healthcare and Family Services under Article 
X of the Illinois Public Aid Code. 
 (B) A minor who is the victim in a juvenile proceeding 
shall be
provided the same confidentiality regarding 
disclosure of identity as the
minor who is the subject of 
record.

 (C)(0.1) In cases where the records concern a pending 
juvenile court case, the requesting party seeking to inspect 
the juvenile court records shall provide actual notice to the 
attorney or guardian ad litem of the minor whose records are 
sought.
 (0.2) In cases where the juvenile court records concern a 
juvenile court case that is no longer pending, the requesting 
party seeking to inspect the juvenile court records shall 
provide actual notice to the minor or the minor's parent or 
legal guardian, and the matter shall be referred to the chief 
judge presiding over matters pursuant to this Act.
 (0.3) In determining whether juvenile court records should 
be made available for inspection and whether inspection should 
be limited to certain parts of the file, the court shall 
consider the minor's interest in confidentiality and 
rehabilitation over the requesting party's interest in 
obtaining the information. The State's Attorney, the minor, 
and the minor's parents, guardian, and counsel shall at all 
times have the right to examine court files and records.
 (0.4) Any records obtained in violation of this Section 
shall not be admissible in any criminal or civil proceeding, 
or operate to disqualify a minor from subsequently holding 
public office, or operate as a forfeiture of any public 
benefit, right, privilege, or right to receive any license 
granted by public authority.


 (D) Pending or following any adjudication of delinquency 
for
any offense defined
in Sections 11-1.20 through 11-1.60 or 
12-13 through 12-16 of the Criminal Code of 1961 or the 
Criminal Code of 2012,
the victim of any such offense shall 
receive the
rights set out in Sections 4 and 6 of the Bill of

Rights for Victims and Witnesses of Violent Crime Act; and the

juvenile who is the subject of the adjudication, 
notwithstanding any other
provision of this Act, shall be 
treated
as an adult for the purpose of affording such rights to 
the victim.

 (E) Nothing in this Section shall affect the right of a 
Civil Service
Commission or appointing authority of the 
federal government, or any state, county, or municipality

examining the character and fitness of
an applicant for 
employment with a law enforcement
agency, correctional 
institution, or fire department to
ascertain
whether that 
applicant was ever adjudicated to be a delinquent minor and,

if so, to examine the records of disposition or evidence which 
were made in
proceedings under this Act.

 (F) Following any adjudication of delinquency for a crime 
which would be
a felony if committed by an adult, or following 
any adjudication of delinquency
for a violation of Section 
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the 
Criminal Code of 2012, the State's Attorney shall ascertain

whether the minor respondent is enrolled in school and, if so, 
shall provide
a copy of the dispositional order to the 
principal or chief administrative
officer of the school. 
Access to the dispositional order shall be limited
to the 
principal or chief administrative officer of the school and 
any school
counselor designated by him or her.

 (G) Nothing contained in this Act prevents the sharing or

disclosure of information or records relating or pertaining to 
juveniles
subject to the provisions of the Serious Habitual 
Offender Comprehensive
Action Program when that information is 
used to assist in the early
identification and treatment of 
habitual juvenile offenders.

 (H) When a court hearing a proceeding under Article II of 
this Act becomes
aware that an earlier proceeding under 
Article II had been heard in a different
county, that court 
shall request, and the court in which the earlier
proceedings 
were initiated shall transmit, an authenticated copy of the 
juvenile court
record, including all documents, petitions, and 
orders filed and the
minute orders, transcript of proceedings, 
and docket entries of the court.

 (I) The Clerk of the Circuit Court shall report to the 
Illinois
State
Police, in the form and manner required by the 
Illinois State Police, the
final disposition of each minor who 
has been arrested or taken into custody
before his or her 18th 
birthday for those offenses required to be reported
under 
Section 5 of the Criminal Identification Act. Information 
reported to
the Department under this Section may be 
maintained with records that the
Department files under 
Section 2.1 of the Criminal Identification Act.

 (J) The changes made to this Section by Public Act 98-61 
apply to juvenile law enforcement records of a minor who has 
been arrested or taken into custody on or after January 1, 2014 
(the effective date of Public Act 98-61). 
 (K) Willful violation of this Section is a Class C 
misdemeanor and each violation is subject to a fine of $1,000. 
This subsection (K) shall not apply to the person who is the 
subject of the record.
 (L) A person convicted of violating this Section is liable 
for damages in the amount of $1,000 or actual damages, 
whichever is greater. 
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
revised 10-12-21.)

 (Text of Section after amendment by P.A. 101-652)

 Sec. 1-8. Confidentiality and accessibility of juvenile 
court records. 

 (A) A juvenile adjudication shall never be considered a 
conviction nor shall an adjudicated individual be considered a 
criminal. Unless expressly allowed by law, a juvenile 
adjudication shall not operate to impose upon the individual 
any of the civil disabilities ordinarily imposed by or 
resulting from conviction. Unless expressly allowed by law, 
adjudications shall not prejudice or disqualify the individual 
in any civil service application or appointment, from holding 
public office, or from receiving any license granted by public 
authority. All juvenile court records which have not been 
expunged are sealed and may never be disclosed to the general 
public or otherwise made widely available. Sealed juvenile 
court records may be obtained only under this Section and 
Section 1-7 and Part 9 of Article V of this Act, when their use 
is needed for good cause and with an order from the juvenile 
court. Inspection and copying of juvenile court records 
relating to a minor
who is the subject of a proceeding under 
this Act shall be restricted to the
following:

  (1) The minor who is the subject of record, his or her 
 parents, guardian,
and counsel.

  (2) Law enforcement officers and law enforcement 
 agencies when such
information is essential to executing 
 an arrest or search warrant or other
compulsory process, 
 or to conducting an ongoing investigation
or relating to a 
 minor who
has been adjudicated delinquent and there has 
 been a previous finding that
the act which constitutes the 
 previous offense was committed in furtherance
of criminal 
 activities by a criminal street gang.

  Before July 1, 1994, for the purposes of this Section, 
 "criminal street
gang" means any ongoing
organization, 
 association, or group of 3 or more persons, whether formal 
 or
informal, having as one of its primary activities the 
 commission of one or
more criminal acts and that has a 
 common name or common identifying sign,
symbol or specific 
 color apparel displayed, and whose members individually
or 
 collectively engage in or have engaged in a pattern of 
 criminal activity.

  Beginning July 1, 1994, for purposes of this Section, 
 "criminal street
gang" has the meaning ascribed to it in 
 Section 10 of the Illinois Streetgang
Terrorism Omnibus 
 Prevention Act.

  (3) Judges, hearing officers, prosecutors, public 
 defenders, probation officers, social
workers, or other

 individuals assigned by the court to conduct a 
 pre-adjudication or pre-disposition
investigation, and 
 individuals responsible for supervising
or providing 
 temporary or permanent care and custody for minors under 
 the order of the juvenile court when essential to 
 performing their
responsibilities.

  (4) Judges, federal, State, and local prosecutors, 
 public defenders, probation officers, and designated 
 staff:

   (a) in the course of a trial when institution of 
 criminal proceedings
has been permitted or required 
 under Section 5-805;

   (b) when criminal proceedings have been permitted

 or
required under Section 5-805 and a minor is the 
 subject of a
proceeding to
determine the conditions of 
 pretrial release;

   (c) when criminal proceedings have been permitted

 or
required under Section 5-805 and a minor is the 
 subject of a
pre-trial
investigation, pre-sentence 
 investigation or fitness hearing, or
proceedings on an 
 application for probation; or

   (d) when a minor becomes 18 years of age or older, 
 and is the subject
of criminal proceedings, including 
 a hearing to determine the conditions of pretrial 
 release, a pre-trial investigation, a pre-sentence 
 investigation, a fitness
hearing, or proceedings on an 
 application for probation.

  (5) Adult and Juvenile Prisoner Review Boards.

  (6) Authorized military personnel.

  (6.5) Employees of the federal government authorized 
 by law. 
  (7) Victims, their subrogees and legal 
 representatives; however, such
persons shall have access 
 only to the name and address of the minor and
information 
 pertaining to the disposition or alternative adjustment 
 plan
of the juvenile court.

  (8) Persons engaged in bona fide research, with the 
 permission of the
presiding judge of the juvenile court 
 and the chief executive of the agency
that prepared the 
 particular records; provided that publication of such

 research results in no disclosure of a minor's identity 
 and protects the
confidentiality of the record.

  (9) The Secretary of State to whom the Clerk of the 
 Court shall report
the disposition of all cases, as 
 required in Section 6-204 of the Illinois
Vehicle Code. 
 However, information reported relative to these offenses 
 shall
be privileged and available only to the Secretary of 
 State, courts, and police
officers.

  (10) The administrator of a bonafide substance abuse 
 student
assistance program with the permission of the 
 presiding judge of the
juvenile court.

  (11) Mental health professionals on behalf of the 
 Department of
Corrections or the Department of Human 
 Services or prosecutors who are
evaluating, prosecuting, 
 or investigating a potential or actual petition
brought

 under the Sexually Violent Persons Commitment Act relating 
 to a person who is the
subject of
juvenile court records or 
 the respondent to a petition brought under
the
Sexually 
 Violent Persons Commitment Act, who is the subject of 
 juvenile
court records
sought. Any records and any 
 information obtained from those records under this

 paragraph (11) may be used only in sexually violent 
 persons commitment
proceedings.

  (12) Collection agencies, contracted or otherwise 
 engaged by a governmental entity, to collect any debts due 
 and owing to the governmental entity. 
 (A-1) Findings and exclusions of paternity entered in 
proceedings occurring under Article II of this Act shall be 
disclosed, in a manner and form approved by the Presiding 
Judge of the Juvenile Court, to the Department of Healthcare 
and Family Services when necessary to discharge the duties of 
the Department of Healthcare and Family Services under Article 
X of the Illinois Public Aid Code. 
 (B) A minor who is the victim in a juvenile proceeding 
shall be
provided the same confidentiality regarding 
disclosure of identity as the
minor who is the subject of 
record.

 (C)(0.1) In cases where the records concern a pending 
juvenile court case, the requesting party seeking to inspect 
the juvenile court records shall provide actual notice to the 
attorney or guardian ad litem of the minor whose records are 
sought.
 (0.2) In cases where the juvenile court records concern a 
juvenile court case that is no longer pending, the requesting 
party seeking to inspect the juvenile court records shall 
provide actual notice to the minor or the minor's parent or 
legal guardian, and the matter shall be referred to the chief 
judge presiding over matters pursuant to this Act.
 (0.3) In determining whether juvenile court records should 
be made available for inspection and whether inspection should 
be limited to certain parts of the file, the court shall 
consider the minor's interest in confidentiality and 
rehabilitation over the requesting party's interest in 
obtaining the information. The State's Attorney, the minor, 
and the minor's parents, guardian, and counsel shall at all 
times have the right to examine court files and records.
 (0.4) Any records obtained in violation of this Section 
shall not be admissible in any criminal or civil proceeding, 
or operate to disqualify a minor from subsequently holding 
public office, or operate as a forfeiture of any public 
benefit, right, privilege, or right to receive any license 
granted by public authority.


 (D) Pending or following any adjudication of delinquency 
for
any offense defined
in Sections 11-1.20 through 11-1.60 or 
12-13 through 12-16 of the Criminal Code of 1961 or the 
Criminal Code of 2012,
the victim of any such offense shall 
receive the
rights set out in Sections 4 and 6 of the Bill of

Rights for Victims and Witnesses of Violent Crime Act; and the

juvenile who is the subject of the adjudication, 
notwithstanding any other
provision of this Act, shall be 
treated
as an adult for the purpose of affording such rights to 
the victim.

 (E) Nothing in this Section shall affect the right of a 
Civil Service
Commission or appointing authority of the 
federal government, or any state, county, or municipality

examining the character and fitness of
an applicant for 
employment with a law enforcement
agency, correctional 
institution, or fire department to
ascertain
whether that 
applicant was ever adjudicated to be a delinquent minor and,

if so, to examine the records of disposition or evidence which 
were made in
proceedings under this Act.

 (F) Following any adjudication of delinquency for a crime 
which would be
a felony if committed by an adult, or following 
any adjudication of delinquency
for a violation of Section 
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the 
Criminal Code of 2012, the State's Attorney shall ascertain

whether the minor respondent is enrolled in school and, if so, 
shall provide
a copy of the dispositional order to the 
principal or chief administrative
officer of the school. 
Access to the dispositional order shall be limited
to the 
principal or chief administrative officer of the school and 
any school
counselor designated by him or her.

 (G) Nothing contained in this Act prevents the sharing or

disclosure of information or records relating or pertaining to 
juveniles
subject to the provisions of the Serious Habitual 
Offender Comprehensive
Action Program when that information is 
used to assist in the early
identification and treatment of 
habitual juvenile offenders.

 (H) When a court hearing a proceeding under Article II of 
this Act becomes
aware that an earlier proceeding under 
Article II had been heard in a different
county, that court 
shall request, and the court in which the earlier
proceedings 
were initiated shall transmit, an authenticated copy of the 
juvenile court
record, including all documents, petitions, and 
orders filed and the
minute orders, transcript of proceedings, 
and docket entries of the court.

 (I) The Clerk of the Circuit Court shall report to the 
Illinois
State
Police, in the form and manner required by the 
Illinois State Police, the
final disposition of each minor who 
has been arrested or taken into custody
before his or her 18th 
birthday for those offenses required to be reported
under 
Section 5 of the Criminal Identification Act. Information 
reported to
the Department under this Section may be 
maintained with records that the
Department files under 
Section 2.1 of the Criminal Identification Act.

 (J) The changes made to this Section by Public Act 98-61 
apply to juvenile law enforcement records of a minor who has 
been arrested or taken into custody on or after January 1, 2014 
(the effective date of Public Act 98-61). 
 (K) Willful violation of this Section is a Class C 
misdemeanor and each violation is subject to a fine of $1,000. 
This subsection (K) shall not apply to the person who is the 
subject of the record.
 (L) A person convicted of violating this Section is liable 
for damages in the amount of $1,000 or actual damages, 
whichever is greater. 
(Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21; 
102-538, eff. 8-20-21; revised 10-12-21.)



 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)

 Sec. 2-10. Temporary custody hearing. At the appearance of 
the
minor before the court at the temporary custody hearing, 
all
witnesses present shall be examined before the court in 
relation to any
matter connected with the allegations made in 
the petition.

 (1) If the court finds that there is not probable cause to 
believe
that the minor is abused, neglected or dependent it 
shall release
the minor and dismiss the petition.

 (2) If the court finds that there is probable cause to 
believe that
the minor is abused, neglected or dependent, the 
court shall state in writing
the factual basis supporting its 
finding and the minor, his or her parent,
guardian, custodian 
and other persons able to give relevant testimony
shall be 
examined before the court. The Department of Children and

Family Services shall give testimony concerning indicated 
reports of abuse
and neglect, of which they are aware through 
the central registry,
involving the minor's parent, guardian 
or custodian. After such
testimony, the court may, consistent 
with
the health,
safety and best interests of the minor,
enter 
an order that the minor shall be released
upon the request of 
parent, guardian or custodian if the parent, guardian
or 
custodian appears to take custody. If it is determined that a 
parent's, guardian's, or custodian's compliance with critical 
services mitigates the necessity for removal of the minor from 
his or her home, the court may enter an Order of Protection 
setting forth reasonable conditions of behavior that a parent, 
guardian, or custodian must observe for a specified period of 
time, not to exceed 12 months, without a violation; provided, 
however, that the 12-month period shall begin anew after any 
violation. "Custodian" includes the Department of Children and 
Family Services, if it has been given custody of the child, or 
any other agency of the State which has been given custody or 
wardship of the child. If it is
consistent with the health, 
safety and best interests of the
minor, the
court may also 
prescribe shelter care and
order that the minor be kept in a 
suitable place designated by the court or in
a shelter care 
facility designated by the Department of Children and Family

Services or a licensed child welfare
agency; however, on and 
after January 1, 2015 (the effective date of Public Act 
98-803) and before January 1, 2017, a minor charged with a

criminal offense under the Criminal Code of 1961 or the 
Criminal Code of 2012 or adjudicated delinquent
shall not be 
placed in the custody of or committed to the Department of

Children and Family Services by any court, except a minor less 
than 16
years of age and committed to the Department of 
Children and Family Services
under Section 5-710 of this Act 
or a minor for whom an independent
basis of
abuse, neglect, or 
dependency exists; and on and after January 1, 2017, a minor 
charged with a
criminal offense under the Criminal Code of 
1961 or the Criminal Code of 2012 or adjudicated delinquent

shall not be placed in the custody of or committed to the 
Department of
Children and Family Services by any court, 
except a minor less than 15 years of age and committed to the 
Department of Children and Family Services
under Section 5-710 
of this Act or a minor for whom an independent
basis of
abuse, 
neglect, or dependency exists.
An independent basis exists 
when the allegations or adjudication of abuse, neglect, or 
dependency do not arise from the same facts, incident, or 
circumstances which give rise to a charge or adjudication of 
delinquency.

 In placing the minor, the Department or other
agency 
shall, to the extent
compatible with the court's order, comply 
with Section 7 of the Children and
Family Services Act.
In 
determining
the health, safety and best interests of the minor 
to prescribe shelter
care, the court must
find that it is a 
matter of immediate and urgent necessity for the safety
and 
protection
of the minor or of the person or property of another 
that the minor be placed
in a shelter care facility or that he 
or she is likely to flee the jurisdiction
of the court, and 
must further find that reasonable efforts have been made or

that, consistent with the health, safety and best interests of

the minor, no efforts reasonably can be made to
prevent or 
eliminate the necessity of removal of the minor from his or her

home. The court shall require documentation from the 
Department of Children and
Family Services as to the 
reasonable efforts that were made to prevent or
eliminate the 
necessity of removal of the minor from his or her home or the

reasons why no efforts reasonably could be made to prevent or 
eliminate the
necessity of removal. When a minor is placed in 
the home of a relative, the
Department of Children and Family 
Services shall complete a preliminary
background review of the 
members of the minor's custodian's household in
accordance 
with Section 4.3 of the Child Care Act of 1969 within 90 days 
of
that placement. If the minor is ordered placed in a shelter 
care facility of
the Department of Children and
Family 
Services or a licensed child welfare agency, the court shall, 
upon
request of the appropriate Department or other agency, 
appoint the
Department of Children and Family Services 
Guardianship Administrator or
other appropriate agency 
executive temporary custodian of the minor and the
court may 
enter such other orders related to the temporary custody as it

deems fit and proper, including the provision of services to 
the minor or
his family to ameliorate the causes contributing 
to the finding of probable
cause or to the finding of the 
existence of immediate and urgent necessity.
 Where the Department of Children and Family Services 
Guardianship Administrator is appointed as the executive 
temporary custodian, the Department of Children and Family 
Services shall file with the court and serve on the parties a 
parent-child visiting plan, within 10 days, excluding weekends 
and holidays, after the appointment. The parent-child visiting 
plan shall set out the time and place of visits, the frequency 
of visits, the length of visits, who shall be present at the 
visits, and where appropriate, the minor's opportunities to 
have telephone and mail communication with the parents.
 Where the Department of Children and Family Services 
Guardianship Administrator is
appointed as the executive 
temporary custodian, and when the child has siblings in care,

the Department of Children and Family Services shall file with 
the court and serve on the
parties a sibling placement and 
contact plan within 10 days, excluding weekends and
holidays, 
after the appointment. The sibling placement and contact plan 
shall set forth
whether the siblings are placed together, and 
if they are not placed together, what, if any,
efforts are 
being made to place them together. If the Department has 
determined that it is
not in a child's best interest to be 
placed with a sibling, the Department shall document in
the 
sibling placement and contact plan the basis for its 
determination. For siblings placed
separately, the sibling 
placement and contact plan shall set the time and place for 
visits,
the frequency of the visits, the length of visits, who 
shall be present for the visits, and
where appropriate, the 
child's opportunities to have contact with their siblings in 
addition to
in person contact. If the Department determines it 
is not in the best interest of a sibling to
have contact with a 
sibling, the Department shall document in the sibling 
placement and
contact plan the basis for its determination. 
The sibling placement and contact plan shall
specify a date 
for development of the Sibling Contact Support Plan, under 
subsection (f) of Section 7.4 of the Children and Family 
Services Act, and shall remain in effect until the Sibling 
Contact Support Plan is developed. 
 For good cause, the court may waive the requirement to 
file the parent-child visiting plan or the sibling placement 
and contact plan, or extend the time for filing either plan. 
Any party may, by motion, request the court to review the 
parent-child visiting plan to determine whether it is 
reasonably calculated to expeditiously facilitate the 
achievement of the permanency goal. A party may, by motion, 
request the court to review the parent-child visiting plan or 
the sibling placement and contact plan to determine whether it 
is consistent with the minor's best interest. The court may 
refer the parties to mediation where available. The frequency, 
duration, and locations of visitation shall be measured by the 
needs of the child and family, and not by the convenience of 
Department personnel. Child development principles shall be 
considered by the court in its analysis of how frequent 
visitation should be, how long it should last, where it should 
take place, and who should be present. If upon motion of the 
party to review either plan and after receiving evidence, the 
court determines that the parent-child visiting plan is not 
reasonably calculated to expeditiously facilitate the 
achievement of the permanency goal or that the restrictions 
placed on parent-child contact or sibling placement or contact 
are contrary to the child's best interests, the court shall 
put in writing the factual basis supporting the determination 
and enter specific findings based on the evidence. The court 
shall enter an order for the Department to implement changes 
to the parent-child visiting plan or sibling placement or 
contact plan, consistent with the court's findings. At any 
stage of proceeding, any party may by motion request the court 
to enter any orders necessary to implement the parent-child 
visiting plan, sibling placement or contact plan or 
subsequently developed Sibling Contact Support Plan. Nothing 
under this subsection (2) shall restrict the court from 
granting discretionary authority to the Department to increase 
opportunities for additional parent-child contacts or sibling 
contacts, without further court orders. Nothing in this 
subsection (2) shall restrict the Department from immediately 
restricting or terminating parent-child contact or sibling 
contacts, without either amending the parent-child visiting 
plan or the sibling contact plan or obtaining a court order, 
where the Department or its assigns reasonably believe there 
is an immediate need to protect the child's health, safety, 
and welfare. Such restrictions or terminations must be based 
on available facts to the Department and its assigns when 
viewed in light of the surrounding circumstances and shall 
only occur on an individual case-by-case basis. The Department 
shall file with the court and serve on the parties any 
amendments to the plan within 10 days, excluding weekends and 
holidays, of the change of the visitation.
 Acceptance of services shall not be considered an 
admission of any
allegation in a petition made pursuant to 
this Act, nor may a referral of
services be considered as 
evidence in any proceeding pursuant to this Act,
except where 
the issue is whether the Department has made reasonable

efforts to reunite the family. In making its findings that it 
is
consistent with the health, safety and best
interests of 
the minor to prescribe shelter care, the court shall state in

writing (i) the factual basis supporting its findings 
concerning the
immediate and urgent necessity for the 
protection of the minor or of the person
or property of another 
and (ii) the factual basis supporting its findings that

reasonable efforts were made to prevent or eliminate the 
removal of the minor
from his or her home or that no efforts 
reasonably could be made to prevent or
eliminate the removal 
of the minor from his or her home. The
parents, guardian, 
custodian, temporary custodian and minor shall each be

furnished a copy of such written findings. The temporary 
custodian shall
maintain a copy of the court order and written 
findings in the case record
for the child. The order together 
with the court's findings of fact in
support thereof shall be 
entered of record in the court.

 Once the court finds that it is a matter of immediate and 
urgent necessity
for the protection of the minor that the 
minor be placed in a shelter care
facility, the minor shall not 
be returned to the parent, custodian or guardian
until the 
court finds that such placement is no longer necessary for the

protection of the minor.

 If the child is placed in the temporary custody of the 
Department of
Children
and Family
Services for his or her 
protection, the court shall admonish the parents,
guardian,

custodian or responsible relative that the parents must 
cooperate with the
Department of Children and Family Services, 
comply
with the terms of the service plans, and correct the 
conditions which require
the child to be in care, or risk 
termination of their parental
rights. The court shall ensure, 
by inquiring in open court of each parent, guardian, custodian 
or responsible relative, that the parent, guardian, custodian 
or responsible relative has had the opportunity to provide the 
Department with all known names, addresses, and telephone 
numbers of each of the minor's living maternal and paternal 
adult relatives, including, but not limited to, grandparents, 
aunts, uncles, and siblings. The court shall advise the 
parents, guardian, custodian or responsible relative to inform 
the Department if additional information regarding the minor's 
adult relatives becomes available.

 (3) If prior to the shelter care hearing for a minor 
described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is 
unable to serve notice on the
party respondent, the shelter 
care hearing may proceed ex parte. A shelter
care order from an 
ex parte hearing shall be endorsed with the date and
hour of 
issuance and shall be filed with the clerk's office and 
entered of
record. The order shall expire after 10 days from 
the time it is issued
unless before its expiration it is 
renewed, at a hearing upon appearance
of the party respondent, 
or upon an affidavit of the moving party as to all
diligent 
efforts to notify the party respondent by notice as herein

prescribed. The notice prescribed shall be in writing and 
shall be
personally delivered to the minor or the minor's 
attorney and to the last
known address of the other person or 
persons entitled to notice. The
notice shall also state the 
nature of the allegations, the nature of the
order sought by 
the State, including whether temporary custody is sought,
and 
the consequences of failure to appear and shall contain a 
notice
that the parties will not be entitled to further 
written notices or publication
notices of proceedings in this 
case, including the filing of an amended
petition or a motion 
to terminate parental rights, except as required by
Supreme 
Court Rule 11; and shall explain the
right of
the parties and 
the procedures to vacate or modify a shelter care order as

provided in this Section. The notice for a shelter care 
hearing shall be
substantially as follows:

NOTICE TO PARENTS AND CHILDREN


OF SHELTER CARE HEARING


  On ................ at ........., before the Honorable 
 ................,
(address:) ................., the State 
 of Illinois will present evidence
(1) that (name of child 
 or children) ....................... are abused,
neglected 
 or dependent for the following reasons:

 ..............................................
and (2) 
 whether there is "immediate and urgent necessity" to 
 remove the child
or children from the responsible 
 relative.

  YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN 
 PLACEMENT of the
child or children in foster care until a 
 trial can be held. A trial may
not be held for up to 90 
 days. You will not be entitled to further notices
of 
 proceedings in this case, including the filing of an 
 amended petition or a
motion to terminate parental rights.

  At the shelter care hearing, parents have the 
 following rights:

   1. To ask the court to appoint a lawyer if they 
 cannot afford one.

   2. To ask the court to continue the hearing to 
 allow them time to
prepare.

   3. To present evidence concerning:

    a. Whether or not the child or children were 
 abused, neglected
or dependent.

    b. Whether or not there is "immediate and 
 urgent necessity" to remove
the child from home 
 (including: their ability to care for the child,

 conditions in the home, alternative means of 
 protecting the child other
than removal).

    c. The best interests of the child.

   4. To cross examine the State's witnesses.



 The Notice for rehearings shall be substantially as 
follows:

NOTICE OF PARENT'S AND CHILDREN'S RIGHTS


TO REHEARING ON TEMPORARY CUSTODY


  If you were not present at and did not have adequate 
 notice of the
Shelter Care Hearing at which temporary 
 custody of ............... was
awarded to 
 ................, you have the right to request a full 
 rehearing
on whether the State should have temporary 
 custody of ................. To
request this rehearing, 
 you must file with the Clerk of the Juvenile Court

 (address): ........................, in person or by 
 mailing a statement
(affidavit) setting forth the 
 following:

   1. That you were not present at the shelter care 
 hearing.

   2. That you did not get adequate notice 
 (explaining how the notice
was inadequate).

   3. Your signature.

   4. Signature must be notarized.

  The rehearing should be scheduled within 48 hours of 
 your filing this
affidavit.

  At the rehearing, your rights are the same as at the 
 initial shelter care
hearing. The enclosed notice explains 
 those rights.

  At the Shelter Care Hearing, children have the 
 following rights:

   1. To have a guardian ad litem appointed.

   2. To be declared competent as a witness and to 
 present testimony
concerning:

    a. Whether they are abused, neglected or 
 dependent.

    b. Whether there is "immediate and urgent 
 necessity" to be
removed from home.

    c. Their best interests.

   3. To cross examine witnesses for other parties.

   4. To obtain an explanation of any proceedings and 
 orders of the
court.

 (4) If the parent, guardian, legal custodian, responsible 
relative,
minor age 8 or over, or counsel of the minor did not 
have actual notice of
or was not present at the shelter care 
hearing, he or she may file an
affidavit setting forth these 
facts, and the clerk shall set the matter for
rehearing not 
later than 48 hours, excluding Sundays and legal holidays,

after the filing of the affidavit. At the rehearing, the court 
shall
proceed in the same manner as upon the original hearing.

 (5) Only when there is reasonable cause to believe that 
the minor
taken into custody is a person described in 
subsection (3) of Section
5-105 may the minor be
kept or 
detained in a detention home or county or municipal jail. This

Section shall in no way be construed to limit subsection (6).

 (6) No minor under 16 years of age may be confined in a 
jail or place
ordinarily used for the confinement of prisoners 
in a police station. Minors
under 18 years of age must be kept 
separate from confined adults and may
not at any time be kept 
in the same cell, room, or yard with adults confined
pursuant 
to the criminal law.

 (7) If the minor is not brought before a judicial officer 
within the
time period as specified in Section 2-9, the minor 
must immediately be
released from custody.

 (8) If neither the parent, guardian or custodian appears 
within 24
hours to take custody of a minor released upon 
request pursuant to
subsection (2) of this Section, then the 
clerk of the court shall set the
matter for rehearing not later 
than 7 days after the original order and
shall issue a summons 
directed to the parent, guardian or custodian to
appear. At 
the same time the probation department shall prepare a report

on the minor. If a parent, guardian or custodian does not 
appear at such
rehearing, the judge may enter an order 
prescribing that the minor be kept
in a suitable place 
designated by the Department of Children and Family
Services 
or a licensed child welfare agency.

 (9) Notwithstanding any other provision of this
Section 
any interested party, including the State, the temporary

custodian, an agency providing services to the minor or family 
under a
service plan pursuant to Section 8.2 of the Abused and 
Neglected Child
Reporting Act, foster parent, or any of their 
representatives, on notice
to all parties entitled to notice, 
may file a motion that it is in the best
interests of the minor 
to modify or vacate a
temporary custody order on any of the 
following grounds:

  (a) It is no longer a matter of immediate and urgent 
 necessity that the
minor remain in shelter care; or

  (b) There is a material change in the circumstances of 
 the natural
family from which the minor was removed and 
 the child can be cared for at
home without endangering the 
 child's health or safety; or

  (c) A person not a party to the alleged abuse, neglect 
 or dependency,
including a parent, relative or legal 
 guardian, is capable of assuming
temporary custody of the 
 minor; or

  (d) Services provided by the Department of Children 
 and Family Services
or a child welfare agency or other 
 service provider have been successful in
eliminating the 
 need for temporary custody and the child can be cared for 
 at
home without endangering the child's health or safety.

 In ruling on the motion, the court shall determine whether 
it is consistent
with the health, safety and best interests of 
the minor to modify
or vacate a temporary custody order. If the

minor is being restored to the custody of a parent, legal 
custodian, or guardian who lives
outside of Illinois, and an 
Interstate Compact has been requested and refused, the court 
may order the
Department of Children and Family Services to 
arrange for an assessment of the minor's
proposed living 
arrangement and for ongoing monitoring of the health, safety, 
and best
interest of the minor and compliance with any order of 
protective supervision entered in
accordance with Section 2-20 
or 2-25.

 The clerk shall set the matter for hearing not later than 
14 days after
such motion is filed. In the event that the court 
modifies or vacates a
temporary custody order but does not 
vacate its finding of probable cause,
the court may order that 
appropriate services be continued or initiated in
behalf of 
the minor and his or her family.

 (10) When the court finds or has found that there is 
probable cause to
believe a minor is an abused minor as 
described in subsection (2) of Section
2-3
and that there is an 
immediate and urgent necessity for the abused minor to be

placed in shelter care, immediate and urgent necessity shall 
be presumed for
any other minor residing in the same household 
as the abused minor provided:

  (a) Such other minor is the subject of an abuse or 
 neglect petition
pending before the court; and

  (b) A party to the petition is seeking shelter care 
 for such other minor.

 Once the presumption of immediate and urgent necessity has 
been raised, the
burden of demonstrating the lack of immediate 
and urgent necessity shall be on
any party that is opposing 
shelter care for the other minor.

 (11) The changes made to this Section by Public Act 98-61 
apply to a minor who has been
arrested or taken into custody on 
or after January 1, 2014 (the effective date
of Public Act 
98-61).
 (12) After the court has placed a minor in the care of a 
temporary custodian pursuant to this Section, any party may 
file a motion requesting the court to grant the temporary 
custodian the authority to serve as a surrogate decision maker 
for the minor under the Health Care Surrogate Act for purposes 
of making decisions pursuant to paragraph (1) of subsection 
(b) of Section 20 of the Health Care Surrogate Act. The court 
may grant the motion if it determines by clear and convincing 
evidence that it is in the best interests of the minor to grant 
the temporary custodian such authority. In making its 
determination, the court shall weigh the following factors in 
addition to considering the best interests factors listed in 
subsection (4.05) of Section 1-3 of this Act: 
  (a) the efforts to identify and locate the respondents 
 and adult family members of the minor and the results of 
 those efforts;
  (b) the efforts to engage the respondents and adult 
 family members of the minor in decision making on behalf 
 of the minor;
  (c) the length of time the efforts in paragraphs (a) 
 and (b) have been ongoing;
  (d) the relationship between the respondents and adult 
 family members and the minor;
  (e) medical testimony regarding the extent to which 
 the minor is suffering and the impact of a delay in 
 decision-making on the minor; and
  (f) any other factor the court deems relevant.
 If the Department of Children and Family Services is the 
temporary custodian of the minor, in addition to the 
requirements of paragraph (1) of subsection (b) of Section 20 
of the Health Care Surrogate Act, the Department shall follow 
its rules and procedures in exercising authority granted under 
this subsection. 
(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; 
revised 10-14-21.)



 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)


 Sec. 2-28. Court review. 

 (1) The court may require any legal custodian or guardian 
of the person
appointed under this Act to report periodically 
to the court or may cite
him into court and require him or his 
agency, to make a full and
accurate report of his or its doings 
in behalf of the minor. The
custodian or guardian, within 10 
days after such citation, or earlier if the court determines 
it to be necessary to protect the health, safety, or welfare of 
the minor, shall make
the report, either in writing verified 
by affidavit or orally under oath
in open court, or otherwise 
as the court directs. Upon the hearing of
the report the court 
may remove the custodian or guardian and appoint
another in 
his stead or restore the minor to the custody of his parents
or 
former guardian or custodian. However, custody of the minor 
shall
not be restored to any parent, guardian, or legal 
custodian in any case
in which the minor is found to be 
neglected or abused under Section 2-3 or
dependent under 
Section 2-4 of this
Act, unless the minor can be cared for at 
home without endangering the
minor's health or safety and it 
is in the best interests of the minor, and
if such neglect,

abuse, or dependency is found by the court under paragraph (1)

of Section 2-21 of
this Act to have come about due to the acts 
or omissions or both of such
parent, guardian,
or legal 
custodian, until such time as an investigation is made as 
provided in
paragraph (5) and a hearing is held on the issue of 
the fitness of such parent,
guardian, or legal custodian to 
care for the minor and the court enters an order
that such 
parent, guardian, or legal custodian is fit to care for the 
minor.

 (1.5) The public agency that is the custodian or guardian 
of the minor shall file a written report with the court no 
later than 15 days after a minor in the agency's care remains:
  (1) in a shelter placement beyond 30 days;
  (2) in a psychiatric hospital past the time when the 
 minor is clinically ready for discharge or beyond medical 
 necessity for the minor's health; or
  (3) in a detention center or Department of Juvenile 
 Justice facility solely because the public agency cannot 
 find an appropriate placement for the minor.
 The report shall explain the steps the agency is taking to 
ensure the minor is placed appropriately, how the minor's 
needs are being met in the minor's shelter placement, and if a 
future placement has been identified by the Department, why 
the anticipated placement is appropriate for the needs of the 
minor and the anticipated placement date. 
 (1.6) Within 35 days after placing a child in its care in a 
qualified residential treatment program, as defined by the 
federal Social Security Act, the Department of Children and 
Family Services shall file a written report with the court and 
send copies of the report to all parties. Within 20 days of the 
filing of the report, the court shall hold a hearing to 
consider the Department's report and determine whether 
placement of the child in a qualified residential treatment 
program provides the most effective and appropriate level of 
care for the child in the least restrictive environment and if 
the placement is consistent with the short-term and long-term 
goals for the child, as specified in the permanency plan for 
the child. The court shall approve or disapprove the 
placement. If applicable, the requirements of Sections 2-27.1 
and 2-27.2 must also be met.
The Department's written report 
and the court's written determination shall be included in and 
made part of the case plan for the child. If the child remains 
placed in a qualified residential treatment program, the 
Department shall submit evidence at each status and permanency 
hearing: 
  (1) demonstrating that on-going assessment of the 
 strengths and needs of the child continues to support the 
 determination that the child's needs cannot be met through 
 placement in a foster family home, that the placement 
 provides the most effective and appropriate level of care 
 for the child in the least restrictive, appropriate 
 environment, and that the placement is consistent with the 
 short-term and long-term permanency goal for the child, as 
 specified in the permanency plan for the child; 
  (2) documenting the specific treatment or service 
 needs that should be met for the child in the placement and 
 the length of time the child is expected to need the 
 treatment or services; and 
  (3) the efforts made by the agency to prepare the 
 child to return home or to be placed with a fit and willing 
 relative, a legal guardian, or an adoptive parent, or in a 
 foster family home. 
 (2) The first permanency hearing shall be
conducted by the 
judge. Subsequent permanency hearings may be
heard by a judge 
or by hearing officers appointed or approved by the court in

the manner set forth in Section 2-28.1 of this Act.
The initial 
hearing shall be held (a) within 12 months from the date

temporary
custody was taken, regardless of whether an 
adjudication or dispositional hearing has been completed 
within that time frame, (b) if the parental rights of both 
parents have been
terminated in accordance with the procedure 
described in subsection (5) of
Section 2-21, within
30 days of 
the order for termination of parental rights and appointment 
of
a guardian with power to consent to adoption, or (c) in 
accordance with
subsection
(2) of Section 2-13.1. Subsequent 
permanency hearings
shall be held every 6 months
or more 
frequently if necessary in the court's determination following 
the
initial permanency hearing, in accordance with the 
standards set forth in this
Section, until the court 
determines that the plan and goal have been achieved.
Once the 
plan and goal have been achieved, if the minor remains in 
substitute
care, the case shall be reviewed at least every 6 
months thereafter, subject to
the provisions of this Section, 
unless the minor is placed in the guardianship
of a suitable 
relative or other person and the court determines that further

monitoring by the court does not further the health, safety or 
best interest of
the child and that this is a stable permanent 
placement.
The permanency hearings must occur within the time 
frames set forth in this
subsection and may not be delayed in 
anticipation of a report from any source or due to the agency's 
failure to timely file its written report (this
written report 
means the one required under the next paragraph and does not

mean the service plan also referred to in that paragraph).

 The public agency that is the custodian or guardian of the 
minor, or another
agency responsible for the minor's care, 
shall ensure that all parties to the
permanency hearings are 
provided a copy of the most recent
service plan prepared 
within the prior 6 months
at least 14 days in advance of the 
hearing. If not contained in the agency's service plan, the

agency shall also include a report setting forth (i) any 
special
physical, psychological, educational, medical, 
emotional, or other needs of the
minor or his or her family 
that are relevant to a permanency or placement
determination 
and (ii) for any minor age 16 or over, a written description of

the programs and services that will enable the minor to 
prepare for independent
living. If not contained in the 
agency's service plan, the agency's report shall specify if a 
minor is placed in a licensed child care facility under a 
corrective plan by the Department due to concerns impacting 
the minor's safety and well-being. The report shall explain 
the steps the Department is taking to ensure the safety and 
well-being of the minor and that the minor's needs are met in 
the facility. The agency's written report must detail what 
progress or lack of
progress the parent has made in correcting 
the conditions requiring the child
to be in care; whether the 
child can be returned home without jeopardizing the
child's 
health, safety, and welfare, and if not, what permanency goal 
is
recommended to be in the best interests of the child, and 
why the other
permanency goals are not appropriate. The 
caseworker must appear and testify
at the permanency hearing. 
If a permanency hearing has not previously been
scheduled by 
the court, the moving party shall move for the setting of a

permanency hearing and the entry of an order within the time 
frames set forth
in this subsection.

 At the permanency hearing, the court shall determine the 
future status
of the child. The court shall set one of the 
following permanency goals:

  (A) The minor will be returned home by a specific date 
 within 5
months.

  (B) The minor will be in short-term care with a

 continued goal to return home within a period not to 
 exceed one
year, where the progress of the parent or 
 parents is substantial giving
particular consideration to 
 the age and individual needs of the minor.

  (B-1) The minor will be in short-term care with a 
 continued goal to return
home pending a status hearing. 
 When the court finds that a parent has not made
reasonable 
 efforts or reasonable progress to date, the court shall 
 identify
what actions the parent and the Department must 
 take in order to justify a
finding of reasonable efforts 
 or reasonable progress and shall set a status
hearing to 
 be held not earlier than 9 months from the date of 
 adjudication nor
later than 11 months from the date of 
 adjudication during which the parent's
progress will again 
 be reviewed.

  (C) The minor will be in substitute care pending court

 determination on termination of parental rights.

  (D) Adoption, provided that parental rights have been 
 terminated or
relinquished.

  (E) The guardianship of the minor will be transferred 
 to an individual or
couple on a permanent basis provided 
 that goals (A) through (D) have
been deemed inappropriate 
 and not in the child's best interests. The court shall 
 confirm that the Department has discussed adoption, if 
 appropriate, and guardianship with the caregiver prior to 
 changing a goal to guardianship.

  (F) The minor over age 15 will be in substitute care 
 pending
independence. In selecting this permanency goal, 
 the Department of Children and Family Services may provide 
 services to enable reunification and to strengthen the 
 minor's connections with family, fictive kin, and other 
 responsible adults, provided the services are in the 
 minor's best interest. The services shall be documented in 
 the service plan. 

  (G) The minor will be in substitute care because he or 
 she cannot be
provided for in a home environment due to 
 developmental
disabilities or mental illness or because he 
 or she is a danger to self or
others, provided that goals 
 (A) through (D) have been deemed inappropriate and not in 
 the child's best interests.

 In selecting any permanency goal, the court shall indicate 
in writing the
reasons the goal was selected and why the 
preceding goals were deemed inappropriate and not in the 
child's best interest.
Where the court has selected a 
permanency goal other than (A), (B), or (B-1),
the
Department 
of Children and Family Services shall not provide further

reunification services, except as provided in paragraph (F) of 
this subsection (2), but shall provide services
consistent 
with the goal
selected.

  (H) Notwithstanding any other provision in this 
 Section, the court may select the goal of continuing 
 foster care as a permanency goal if: 
   (1) The Department of Children and Family Services 
 has custody and guardianship of the minor; 
   (2) The court has deemed all other permanency 
 goals inappropriate based on the child's best 
 interest;

   (3) The court has found compelling reasons, based 
 on written documentation reviewed by the court, to 
 place the minor in continuing foster care. Compelling 
 reasons include:

    (a) the child does not wish to be adopted or to 
 be placed in the guardianship of his or her 
 relative or foster care placement;

    (b) the child exhibits an extreme level of 
 need such that the removal of the child from his or 
 her placement would be detrimental to the child; 
 or

    (c) the child who is the subject of the 
 permanency hearing has existing close and strong 
 bonds with a sibling, and achievement of another 
 permanency goal would substantially interfere with 
 the subject child's sibling relationship, taking 
 into consideration the nature and extent of the 
 relationship, and whether ongoing contact is in 
 the subject child's best interest, including 
 long-term emotional interest, as compared with the 
 legal and emotional benefit of permanence;

   (4) The child has lived with the relative or 
 foster parent for at least one year; and

   (5) The relative or foster parent currently caring 
 for the child is willing and capable of providing the 
 child with a stable and permanent environment. 
 The court shall set a
permanency
goal that is in the best 
interest of the child. In determining that goal, the court 
shall consult with the minor in an age-appropriate manner 
regarding the proposed permanency or transition plan for the 
minor. The court's determination
shall include the following 
factors:

  (1) Age of the child.

  (2) Options available for permanence, including both 
 out-of-state and in-state placement options.

  (3) Current placement of the child and the intent of 
 the family regarding
adoption.

  (4) Emotional, physical, and mental status or 
 condition of the child.

  (5) Types of services previously offered and whether 
 or not
the services were successful and, if not 
 successful, the reasons the services
failed.

  (6) Availability of services currently needed and 
 whether the services
exist.

  (7) Status of siblings of the minor.

 The court shall consider (i) the permanency goal contained 
in the service
plan, (ii) the appropriateness of the
services 
contained in the plan and whether those services have been

provided, (iii) whether reasonable efforts have been made by 
all
the parties to the service plan to achieve the goal, and 
(iv) whether the plan
and goal have been achieved. All 
evidence
relevant to determining these questions, including 
oral and written reports,
may be admitted and may be relied on 
to the extent of their probative value.

 The court shall make findings as to whether, in violation 
of Section 8.2 of the Abused and Neglected Child Reporting 
Act, any portion of the service plan compels a child or parent 
to engage in any activity or refrain from any activity that is 
not reasonably related to remedying a condition or conditions 
that gave rise or which could give rise to any finding of child 
abuse or neglect. The services contained in the service plan 
shall include services reasonably related to remedy the 
conditions that gave rise to removal of the child from the home 
of his or her parents, guardian, or legal custodian or that the 
court has found must be remedied prior to returning the child 
home. Any tasks the court requires of the parents, guardian, 
or legal custodian or child prior to returning the child home, 
must be reasonably related to remedying a condition or 
conditions that gave rise to or which could give rise to any 
finding of child abuse or neglect. 
 If the permanency goal is to return home, the court shall 
make findings that identify any problems that are causing 
continued placement of the children away from the home and 
identify what outcomes would be considered a resolution to 
these problems. The court shall explain to the parents that 
these findings are based on the information that the court has 
at that time and may be revised, should additional evidence be 
presented to the court. 
 The court shall review the Sibling Contact Support Plan 
developed or modified under subsection (f) of Section 7.4 of 
the Children and Family Services Act, if applicable. If the 
Department has not convened a meeting to
develop or modify a 
Sibling Contact Support Plan, or if the court finds that the 
existing Plan
is not in the child's best interest, the court 
may enter an order requiring the Department to
develop, modify 
or implement a Sibling Contact Support Plan, or order 
mediation. 
 If the goal has been achieved, the court shall enter 
orders that are
necessary to conform the minor's legal custody 
and status to those findings.

 If, after receiving evidence, the court determines that 
the services
contained in the plan are not reasonably 
calculated to facilitate achievement
of the permanency goal, 
the court shall put in writing the factual basis
supporting 
the determination and enter specific findings based on the 
evidence.
The court also shall enter an order for the 
Department to develop and
implement a new service plan or to 
implement changes to the current service
plan consistent with 
the court's findings. The new service plan shall be filed
with 
the court and served on all parties within 45 days of the date 
of the
order. The court shall continue the matter until the new 
service plan is
filed. Except as authorized by subsection 
(2.5) of this Section and as otherwise specifically authorized 
by law, the court is not empowered under this Section to order 
specific placements, specific services, or specific service 
providers to be included in the service plan.

 A guardian or custodian appointed by the court pursuant to 
this Act shall
file updated case plans with the court every 6 
months.

 Rights of wards of the court under this Act are 
enforceable against
any public agency by complaints for relief 
by mandamus filed in any
proceedings brought under this Act.

 (2.5) If, after reviewing the evidence, including evidence 
from the Department, the court determines that the minor's 
current or planned placement is not necessary or appropriate 
to facilitate achievement of the permanency goal, the court 
shall put in writing the factual basis supporting its 
determination and enter specific findings based on the 
evidence. If the court finds that the minor's current or 
planned placement is not necessary or appropriate, the court 
may enter an order directing the Department to implement a 
recommendation by the minor's treating clinician or a 
clinician contracted by the Department to evaluate the minor 
or a recommendation made by the Department. If the Department 
places a minor in a placement under an order entered under this 
subsection (2.5), the Department has the authority to remove 
the minor from that placement when a change in circumstances 
necessitates the removal to protect the minor's health, 
safety, and best interest. If the Department determines 
removal is necessary, the Department shall notify the parties 
of the planned placement change in writing no later than 10 
days prior to the implementation of its determination unless 
remaining in the placement poses an imminent risk of harm to 
the minor, in which case the Department shall notify the 
parties of the placement change in writing immediately 
following the implementation of its decision. The Department 
shall notify others of the decision to change the minor's 
placement as required by Department rule. 
 (3) Following the permanency hearing, the court shall 
enter a written order
that includes the determinations 
required under subsection (2) of this
Section and sets forth 
the following:

  (a) The future status of the minor, including the 
 permanency goal, and
any order necessary to conform the 
 minor's legal custody and status to such
determination; or

  (b) If the permanency goal of the minor cannot be 
 achieved immediately,
the specific reasons for continuing 
 the minor in the care of the Department of
Children and 
 Family Services or other agency for short term placement, 
 and the
following determinations:

   (i) (Blank).

   (ii) Whether the services required by the court

 and by any service plan prepared within the prior 6 
 months
have been provided and (A) if so, whether the 
 services were reasonably
calculated to facilitate the 
 achievement of the permanency goal or (B) if not

 provided, why the services were not provided.

   (iii) Whether the minor's current or planned 
 placement is necessary, and appropriate to the
plan 
 and goal, recognizing the right of minors to the least 
 restrictive (most
family-like) setting available and 
 in close proximity to the parents' home
consistent 
 with the health, safety, best interest and special 
 needs of the
minor and, if the minor is placed 
 out-of-state, whether the out-of-state
placement 
 continues to be appropriate and consistent with the 
 health, safety,
and best interest of the minor.

   (iv) (Blank).

   (v) (Blank).

 (4) The minor or any person interested in the minor may 
apply to the
court for a change in custody of the minor and the 
appointment of a new
custodian or guardian of the person or for 
the restoration of the minor
to the custody of his parents or 
former guardian or custodian.

 When return home is not selected as the permanency goal:

  (a) The Department, the minor, or the current
foster 
 parent or relative
caregiver seeking private guardianship 
 may file a motion for private
guardianship of the minor. 
 Appointment of a guardian under this Section
requires 
 approval of the court.

  (b) The State's Attorney may file a motion to 
 terminate parental rights of
any parent who has failed to 
 make reasonable efforts to correct the conditions
which 
 led to the removal of the child or reasonable progress 
 toward the return
of the child, as defined in subdivision 
 (D)(m) of Section 1 of the Adoption Act
or for whom any 
 other unfitness ground for terminating parental rights as

 defined in subdivision (D) of Section 1 of the Adoption 
 Act exists.
  When parental rights have been terminated for a 
 minimum of 3 years and the child who is the subject of the 
 permanency hearing is 13 years old or older and is not 
 currently placed in a placement likely to achieve 
 permanency, the Department of
Children and Family Services 
 shall make reasonable efforts to locate parents whose 
 rights have been terminated, except when the Court 
 determines that those efforts would be futile or 
 inconsistent with the subject child's best interests. The 
 Department of
Children and Family Services shall assess 
 the appropriateness of the parent whose rights have been 
 terminated, and shall, as appropriate, foster and support 
 connections between the parent whose rights have been 
 terminated and the youth. The Department of
Children and 
 Family Services shall document its determinations and 
 efforts to foster connections in the child's case plan. 

 Custody of the minor shall not be restored to any parent, 
guardian, or legal
custodian in any case in which the minor is 
found to be neglected or abused
under Section 2-3 or dependent 
under Section 2-4 of this Act, unless the
minor can be cared 
for at home
without endangering his or her health or safety and 
it is in the best
interest of the minor,
and if such neglect, 
abuse, or dependency is found by the court
under paragraph (1) 
of Section 2-21 of this Act to have come
about due to the acts 
or omissions or both of such parent, guardian, or legal

custodian, until such time as an investigation is made as 
provided in
paragraph (5) and a hearing is held on the issue of 
the health,
safety, and
best interest of the minor and the 
fitness of such
parent, guardian, or legal custodian to care 
for the minor and the court
enters an order that such parent, 
guardian, or legal custodian is fit to
care for the minor. If a 
motion is filed to modify or
vacate a private guardianship 
order and return the child to a parent, guardian, or legal 
custodian, the
court may order the Department of Children and 
Family Services to assess the minor's current and
proposed 
living arrangements and to provide ongoing monitoring of the 
health, safety, and best interest
of the minor during the 
pendency of the motion to assist the court in making that 
determination. In the event that the minor has attained 18 
years
of age and the guardian or custodian petitions the court 
for an order
terminating his guardianship or custody, 
guardianship or custody shall
terminate automatically 30 days 
after the receipt of the petition unless
the court orders 
otherwise. No legal custodian or guardian of the
person may be 
removed without his consent until given notice and an

opportunity to be heard by the court.

 When the court orders a child restored to the custody of 
the parent or
parents, the court shall order the parent or 
parents to cooperate with the
Department of Children and 
Family Services and comply with the terms of an
after-care 
plan, or risk the loss of custody of the child and possible

termination of their parental rights. The court may also enter 
an order of
protective supervision in accordance with Section 
2-24.

 If the minor is being restored to the custody of a parent, 
legal custodian, or guardian who lives
outside of Illinois, 
and an Interstate Compact has been requested and refused, the 
court may order the
Department of Children and Family Services 
to arrange for an assessment of the minor's
proposed living 
arrangement and for ongoing monitoring of the health, safety, 
and best
interest of the minor and compliance with any order of 
protective supervision entered in
accordance with Section 
2-24. 
 (5) Whenever a parent, guardian, or legal custodian files 
a motion for
restoration of custody of the minor, and the minor 
was adjudicated
neglected, abused, or dependent as a result of 
physical abuse,
the court shall cause to be
made an 
investigation as to whether the movant has ever been charged

with or convicted of any criminal offense which would indicate 
the
likelihood of any further physical abuse to the minor. 
Evidence of such
criminal convictions shall be taken into 
account in determining whether the
minor can be cared for at 
home without endangering his or her health or safety
and 
fitness of the parent, guardian, or legal custodian.

  (a) Any agency of this State or any subdivision 
 thereof shall cooperate
co-operate with the agent of the 
 court in providing any information
sought in the 
 investigation.

  (b) The information derived from the investigation and 
 any
conclusions or recommendations derived from the 
 information shall be
provided to the parent, guardian, or 
 legal custodian seeking restoration
of custody prior to 
 the hearing on fitness and the movant shall have
an 
 opportunity at the hearing to refute the information or 
 contest its
significance.

  (c) All information obtained from any investigation 
 shall be confidential
as provided in Section 5-150 of this 
 Act.

(Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21; 
102-489, eff. 8-20-21; revised 10-14-21.)




 (705 ILCS 405/5-501)


 (Text of Section before amendment by P.A. 102-654)

 Sec. 5-501. Detention or shelter care hearing. At the 
appearance of the minor before the court at the detention or 
shelter
care hearing,
the court shall receive all relevant 
information and evidence, including
affidavits concerning the 
allegations made in the petition. Evidence used by
the court 
in its findings or stated in or offered in connection with this

Section may be by way of proffer based on reliable information 
offered by the
State or minor. All evidence shall be 
admissible if it is relevant and
reliable regardless of 
whether it would be admissible under the rules of
evidence 
applicable at a trial. No hearing may be held unless the minor 
is
represented by counsel and no hearing shall be held until 
the minor has had adequate opportunity to consult with 
counsel.

 (1) If the court finds that there is not probable cause to 
believe that the
minor is a delinquent minor, it shall release 
the minor and dismiss the
petition.

 (2) If the court finds that there is probable cause to 
believe that the
minor is a
delinquent minor, the minor, his or 
her parent, guardian, custodian and other
persons able to give 
relevant testimony may be examined before the court. The
court 
may also consider any evidence by way of proffer based upon 
reliable
information offered by the State or the minor. All 
evidence, including
affidavits, shall be admissible if it is 
relevant and reliable regardless of
whether it would be 
admissible under the rules of evidence applicable at trial.

After such evidence is presented, the court may enter an order 
that the minor
shall be released upon the request of a parent, 
guardian or legal custodian if
the parent, guardian or 
custodian appears to take custody.

 If the court finds that it is a matter of immediate and 
urgent necessity for
the protection of the minor or of the 
person or property of another that the
minor be detained or 
placed in a
shelter care facility or that he or she is likely 
to flee the jurisdiction of
the court, the court may prescribe 
detention or shelter care and order that the
minor be kept in a 
suitable place designated by the court or in a shelter care

facility designated by the Department of Children and Family 
Services or a
licensed child welfare agency; otherwise it 
shall release the minor from
custody. If the court prescribes 
shelter care, then in placing the minor, the
Department or 
other agency shall, to the extent compatible with the court's

order, comply with Section 7 of the Children and Family 
Services Act. In
making the determination of the existence of 
immediate and urgent necessity,
the court shall consider among 
other matters: (a) the nature and seriousness of
the alleged 
offense; (b) the minor's record of delinquency offenses,

including whether the minor has delinquency cases pending; (c) 
the minor's
record of willful failure to appear following the 
issuance of a summons or
warrant; (d) the availability of 
non-custodial alternatives, including the
presence of a 
parent, guardian or other responsible relative able and 
willing
to provide supervision and care for the minor and to 
assure his or her
compliance with a summons. If the minor is 
ordered placed in a shelter care
facility of a licensed child 
welfare agency, the court shall, upon request of
the agency, 
appoint the appropriate agency executive temporary custodian 
of the
minor and the court may enter such other orders related 
to the temporary
custody of the minor as it deems fit and 
proper.

 The order together with the court's findings of fact in 
support of the order
shall
be entered
of record in the court.

 Once the court finds that it is a matter of immediate and 
urgent necessity
for the protection of the minor that the 
minor be placed in a shelter care
facility, the minor shall not 
be returned to the parent, custodian or guardian
until the 
court finds that the placement is no longer necessary for the

protection of the minor.

 (3) Only when there is reasonable cause to believe that 
the minor taken
into custody is a delinquent minor may the 
minor be kept or detained in a
facility authorized for 
juvenile detention. This Section shall in no way be
construed 
to limit
subsection (4).

 (4) (a) Minors 12 years of age or older must be kept 
separate from confined
adults and may not at any time be kept 
in the same cell, room or yard with
confined adults. This 
paragraph (4): (a) shall only apply to confinement pending an 
adjudicatory hearing
and
shall not exceed 40 hours, excluding 
Saturdays, Sundays, and court designated
holidays. To accept 
or hold minors during this time period, county jails shall

comply with all monitoring standards adopted
by the Department 
of Corrections and training standards approved by the
Illinois 
Law Enforcement Training Standards Board. 

 (b) To accept or hold minors, 12 years of age or older, 
after the time
period prescribed in clause (a) of subsection 
(4) of this Section but not
exceeding 7
days including 
Saturdays, Sundays, and holidays, pending an adjudicatory

hearing, county jails shall comply with all temporary 
detention standards adopted
by
the Department of Corrections 
and training standards approved by the Illinois
Law 
Enforcement Training Standards Board.

 (c) To accept or hold minors 12 years of age or older, 
after the time
period prescribed in clause (a) and (b), of this 
subsection, county jails shall
comply with all county juvenile 
detention standards adopted by the Department of Juvenile 
Justice.

 (5) If the minor is not brought before a judicial officer 
within the time
period as specified in Section 5-415, the 
minor must immediately be released
from
custody.

 (6) If neither the parent, guardian, or legal custodian 
appears within 24
hours to take custody of a minor released 
from detention or shelter care, then
the clerk of the court 
shall set the matter for rehearing not later than 7 days
after 
the original order and shall issue a summons directed to the 
parent,
guardian, or legal custodian to appear. At the same 
time the probation
department shall prepare a report on the 
minor. If a parent, guardian, or legal
custodian does not 
appear at such rehearing, the judge may enter an order

prescribing that the minor be kept in a suitable place 
designated by the
Department of Human Services or a licensed 
child welfare agency.
The time during which a minor is in 
custody after being released upon the
request of a parent, 
guardian, or legal custodian shall be considered as time
spent 
in detention for purposes of scheduling the trial.

 (7) Any party, including the State, the temporary 
custodian, an agency
providing services to the minor or family 
under a service plan pursuant to
Section 8.2 of the Abused and 
Neglected Child Reporting Act, foster parent, or
any of their 
representatives, may file a
motion to modify or vacate a 
temporary custody order or vacate a detention or
shelter care 
order on any of the following grounds:

  (a) It is no longer a matter of immediate and urgent 
 necessity that the
minor remain in detention or shelter 
 care; or

  (b) There is a material change in the circumstances of 
 the natural family
from which the minor was removed; or

  (c) A person, including a parent, relative, or legal 
 guardian, is capable
of assuming temporary custody of the 
 minor; or

  (d) Services provided by the Department of Children 
 and Family Services
or a
child welfare agency or other 
 service provider have been successful in
eliminating the 
 need for temporary custody.

 The clerk shall set the matter for hearing not later than 
14 days after such
motion is filed. In the event that the court 
modifies or vacates a temporary
order but does not vacate its 
finding of probable cause, the court may order
that 
appropriate services be continued or initiated on in behalf of 
the minor and
his or her family.

 (8) Whenever a petition has been filed under Section 
5-520, the court can,
at
any time prior to trial or sentencing, 
order that the minor be placed in
detention or a shelter care 
facility after the court conducts a hearing and
finds that the 
conduct and behavior of the minor may endanger the health,

person, welfare, or property of himself or others or that the 
circumstances
of his or her home environment may endanger his 
or her health, person, welfare,
or property.

(Source: P.A. 98-685, eff. 1-1-15.)


 (Text of Section after amendment by P.A. 102-654)

 Sec. 5-501. Detention or shelter care hearing. At the 
appearance of the minor before the court at the detention or 
shelter
care hearing,
the court shall receive all relevant 
information and evidence, including
affidavits concerning the 
allegations made in the petition. Evidence used by
the court 
in its findings or stated in or offered in connection with this

Section may be by way of proffer based on reliable information 
offered by the
State or minor. All evidence shall be 
admissible if it is relevant and
reliable regardless of 
whether it would be admissible under the rules of
evidence 
applicable at a trial. No hearing may be held unless the minor 
is
represented by counsel and no hearing shall be held until 
the minor has had adequate opportunity to consult with 
counsel.

 (1) If the court finds that there is not probable cause to 
believe that the
minor is a delinquent minor, it shall release 
the minor and dismiss the
petition.

 (2) If the court finds that there is probable cause to 
believe that the
minor is a
delinquent minor, the minor, his or 
her parent, guardian, custodian and other
persons able to give 
relevant testimony may be examined before the court. The
court 
may also consider any evidence by way of proffer based upon 
reliable
information offered by the State or the minor. All 
evidence, including
affidavits, shall be admissible if it is 
relevant and reliable regardless of
whether it would be 
admissible under the rules of evidence applicable at trial.

After such evidence is presented, the court may enter an order 
that the minor
shall be released upon the request of a parent, 
guardian or legal custodian if
the parent, guardian or 
custodian appears to take custody.

 If the court finds that it is a matter of immediate and 
urgent necessity for
the protection of the minor or of the 
person or property of another that the
minor be detained or 
placed in a
shelter care facility or that he or she is likely 
to flee the jurisdiction of
the court, the court may prescribe 
detention or shelter care and order that the
minor be kept in a 
suitable place designated by the court or in a shelter care

facility designated by the Department of Children and Family 
Services or a
licensed child welfare agency; otherwise it 
shall release the minor from
custody. If the court prescribes 
shelter care, then in placing the minor, the
Department or 
other agency shall, to the extent compatible with the court's

order, comply with Section 7 of the Children and Family 
Services Act. In
making the determination of the existence of 
immediate and urgent necessity,
the court shall consider among 
other matters: (a) the nature and seriousness of
the alleged 
offense; (b) the minor's record of delinquency offenses,

including whether the minor has delinquency cases pending; (c) 
the minor's
record of willful failure to appear following the 
issuance of a summons or
warrant; (d) the availability of 
non-custodial alternatives, including the
presence of a 
parent, guardian or other responsible relative able and 
willing
to provide supervision and care for the minor and to 
assure his or her
compliance with a summons. If the minor is 
ordered placed in a shelter care
facility of a licensed child 
welfare agency, the court shall, upon request of
the agency, 
appoint the appropriate agency executive temporary custodian 
of the
minor and the court may enter such other orders related 
to the temporary
custody of the minor as it deems fit and 
proper.

 If the court Court prescribes detention, and the minor is 
a youth in care of the Department of Children and Family 
Services, a hearing shall be held every 14 days to determine 
whether there is an urgent and immediate necessity to detain 
the minor for the protection of the person or property of 
another. If urgent and immediate necessity is not found on the 
basis of the protection of the person or property of another, 
the minor shall be released to the custody of the Department of 
Children and Family Services. If the court Court prescribes 
detention based on the minor being likely to flee the 
jurisdiction, and the minor is a youth in care of the 
Department of Children and Family Services, a hearing shall be 
held every 7 days for status on the location of shelter care 
placement by the Department of Children and Family Services. 
Detention shall not be used as a shelter care placement for 
minors in the custody or guardianship of the Department of 
Children and Family Services. 
 The order together with the court's findings of fact in 
support of the order
shall
be entered
of record in the court.

 Once the court finds that it is a matter of immediate and 
urgent necessity
for the protection of the minor that the 
minor be placed in a shelter care
facility, the minor shall not 
be returned to the parent, custodian or guardian
until the 
court finds that the placement is no longer necessary for the

protection of the minor.

 (3) Only when there is reasonable cause to believe that 
the minor taken
into custody is a delinquent minor may the 
minor be kept or detained in a
facility authorized for 
juvenile detention. This Section shall in no way be
construed 
to limit
subsection (4).

 (4) (a) Minors 12 years of age or older must be kept 
separate from confined
adults and may not at any time be kept 
in the same cell, room or yard with
confined adults. This 
paragraph (4): (a) shall only apply to confinement pending an 
adjudicatory hearing
and
shall not exceed 40 hours, excluding 
Saturdays, Sundays, and court designated
holidays. To accept 
or hold minors during this time period, county jails shall

comply with all monitoring standards adopted
by the Department 
of Corrections and training standards approved by the
Illinois 
Law Enforcement Training Standards Board. 

 (b) To accept or hold minors, 12 years of age or older, 
after the time
period prescribed in clause (a) of subsection 
(4) of this Section but not
exceeding 7
days including 
Saturdays, Sundays, and holidays, pending an adjudicatory

hearing, county jails shall comply with all temporary 
detention standards adopted
by
the Department of Corrections 
and training standards approved by the Illinois
Law 
Enforcement Training Standards Board.

 (c) To accept or hold minors 12 years of age or older, 
after the time
period prescribed in clause (a) and (b), of this 
subsection, county jails shall
comply with all county juvenile 
detention standards adopted by the Department of Juvenile 
Justice.

 (5) If the minor is not brought before a judicial officer 
within the time
period as specified in Section 5-415, the 
minor must immediately be released
from
custody.

 (6) If neither the parent, guardian, or legal custodian 
appears within 24
hours to take custody of a minor released 
from detention or shelter care, then
the clerk of the court 
shall set the matter for rehearing not later than 7 days
after 
the original order and shall issue a summons directed to the 
parent,
guardian, or legal custodian to appear. At the same 
time the probation
department shall prepare a report on the 
minor. If a parent, guardian, or legal
custodian does not 
appear at such rehearing, the judge may enter an order

prescribing that the minor be kept in a suitable place 
designated by the
Department of Human Services or a licensed 
child welfare agency.
The time during which a minor is in 
custody after being released upon the
request of a parent, 
guardian, or legal custodian shall be considered as time
spent 
in detention for purposes of scheduling the trial.

 (7) Any party, including the State, the temporary 
custodian, an agency
providing services to the minor or family 
under a service plan pursuant to
Section 8.2 of the Abused and 
Neglected Child Reporting Act, foster parent, or
any of their 
representatives, may file a
motion to modify or vacate a 
temporary custody order or vacate a detention or
shelter care 
order on any of the following grounds:

  (a) It is no longer a matter of immediate and urgent 
 necessity that the
minor remain in detention or shelter 
 care; or

  (b) There is a material change in the circumstances of 
 the natural family
from which the minor was removed; or

  (c) A person, including a parent, relative, or legal 
 guardian, is capable
of assuming temporary custody of the 
 minor; or

  (d) Services provided by the Department of Children 
 and Family Services
or a
child welfare agency or other 
 service provider have been successful in
eliminating the 
 need for temporary custody.

 The clerk shall set the matter for hearing not later than 
14 days after such
motion is filed. In the event that the court 
modifies or vacates a temporary
order but does not vacate its 
finding of probable cause, the court may order
that 
appropriate services be continued or initiated on in behalf of 
the minor and
his or her family.

 (8) Whenever a petition has been filed under Section 
5-520, the court can,
at
any time prior to trial or sentencing, 
order that the minor be placed in
detention or a shelter care 
facility after the court conducts a hearing and
finds that the 
conduct and behavior of the minor may endanger the health,

person, welfare, or property of himself or others or that the 
circumstances
of his or her home environment may endanger his 
or her health, person, welfare,
or property.

(Source: P.A. 102-654, eff. 1-1-23; revised 11-24-21.)




 (705 ILCS 405/5-901)



 Sec. 5-901. Court file. 

 (1) The Court file with respect to proceedings under this

Article shall consist of the petitions, pleadings, victim 
impact statements,
process,
service of process, orders, writs 
and docket entries reflecting hearings held
and judgments and 
decrees entered by the court. The court file shall be
kept 
separate from other records of the court.

  (a) The file, including information identifying the 
 victim or alleged
victim of any sex
offense, shall be 
 disclosed only to the following parties when necessary for

 discharge of their official duties:

   (i) A judge of the circuit court and members of the 
 staff of the court
designated by the judge;

   (ii) Parties to the proceedings and their 
 attorneys;

   (iii) Victims and their attorneys, except in cases 
 of multiple victims
of
sex offenses in which case the 
 information identifying the nonrequesting
victims 
 shall be redacted;

   (iv) Probation officers, law enforcement officers 
 or prosecutors or
their
staff;

   (v) Adult and juvenile Prisoner Review Boards.

  (b) The Court file redacted to remove any information 
 identifying the
victim or alleged victim of any sex 
 offense shall be disclosed only to the
following parties 
 when necessary for discharge of their official duties:

   (i) Authorized military personnel;

   (ii) Persons engaged in bona fide research, with 
 the permission of the
judge of the juvenile court and 
 the chief executive of the agency that prepared
the

 particular recording: provided that publication of 
 such research results in no
disclosure of a minor's 
 identity and protects the confidentiality of the

 record;

   (iii) The Secretary of State to whom the Clerk of 
 the Court shall report
the disposition of all cases, 
 as required in Section 6-204 or Section 6-205.1
of the 
 Illinois
Vehicle Code. However, information reported 
 relative to these offenses shall
be privileged and 
 available only to the Secretary of State, courts, and 
 police
officers;

   (iv) The administrator of a bonafide substance 
 abuse student
assistance program with the permission 
 of the presiding judge of the
juvenile court;

   (v) Any individual, or any public or private 
 agency or institution,
having
custody of the juvenile 
 under court order or providing educational, medical or

 mental health services to the juvenile or a 
 court-approved advocate for the
juvenile or any 
 placement provider or potential placement provider as

 determined by the court.

 (2) (Reserved). 
 (3) A minor who is the victim or alleged victim in a 
juvenile proceeding
shall be
provided the same confidentiality 
regarding disclosure of identity as the
minor who is the 
subject of record.
Information identifying victims and alleged 
victims of sex offenses,
shall not be disclosed or open to 
public inspection under any circumstances.
Nothing in this 
Section shall prohibit the victim or alleged victim of any sex

offense from voluntarily disclosing his or her identity.

 (4) Relevant information, reports and records shall be 
made available to the
Department of
Juvenile Justice when a 
juvenile offender has been placed in the custody of the

Department of Juvenile Justice.

 (4.5) Relevant information, reports and records, held by 
the Department of Juvenile Justice, including social 
investigation, psychological and medical records, of any 
juvenile offender, shall be made available to any county 
juvenile detention facility upon written request by the 
Superintendent or Director of that juvenile detention 
facility, to the Chief Records Officer of the Department of 
Juvenile Justice where the subject youth is or was in the 
custody of the Department of Juvenile Justice and is 
subsequently ordered to be held in a county juvenile detention 
facility.
 (5) Except as otherwise provided in this subsection (5), 
juvenile court
records shall not be made available to the 
general public
but may be inspected by representatives of 
agencies, associations and news
media or other properly 
interested persons by general or special order of
the court. 
The State's Attorney, the minor, his or her parents, guardian 
and
counsel
shall at all times have the right to examine court 
files and records.

  (a) The
court shall allow the general public to have 
 access to the name, address, and
offense of a minor
who is 
 adjudicated a delinquent minor under this Act under either 
 of the
following circumstances:

   (i) The
adjudication of
delinquency was based upon 
 the
minor's
commission of first degree murder, attempt 
 to commit first degree
murder, aggravated criminal 
 sexual assault, or criminal sexual assault; or

   (ii) The court has made a finding that the minor 
 was at least 13 years
of
age
at the time the act was 
 committed and the adjudication of delinquency was 
 based
upon the minor's commission of: (A)
an act in 
 furtherance of the commission of a felony as a member 
 of or on
behalf of a criminal street
gang, (B) an act 
 involving the use of a firearm in the commission of a

 felony, (C) an act that would be a Class X felony 
 offense
under or
the minor's second or subsequent

 Class 2 or greater felony offense under the Cannabis 
 Control Act if committed
by an adult,
(D) an act that 
 would be a second or subsequent offense under Section 
 402 of
the Illinois Controlled Substances Act if 
 committed by an adult, (E) an act
that would be an 
 offense under Section 401 of the Illinois Controlled

 Substances Act if committed by an adult, or (F) an act 
 that would be an offense under the Methamphetamine 
 Control and Community Protection Act if committed by 
 an adult.

  (b) The court
shall allow the general public to have 
 access to the name, address, and offense
of a minor who is 
 at least 13 years of age at
the time the offense
is 
 committed and who is convicted, in criminal proceedings

 permitted or required under Section 5-805, under either of

 the following
circumstances:

   (i) The minor has been convicted of first degree 
 murder, attempt
to commit first degree
murder, 
 aggravated criminal sexual
assault, or criminal sexual 
 assault,

   (ii) The court has made a finding that the minor 
 was at least 13 years
of age
at the time the offense 
 was committed and the conviction was based upon the

 minor's commission of: (A)
an offense in
furtherance 
 of the commission of a felony as a member of or on 
 behalf of a
criminal street gang, (B) an offense

 involving the use of a firearm in the commission of a 
 felony, (C)
a Class X felony offense under the 
 Cannabis Control Act or a second or
subsequent Class 2 
 or
greater felony offense under the Cannabis Control 
 Act, (D) a
second or subsequent offense under Section 
 402 of the Illinois
Controlled Substances Act, (E) an 
 offense under Section 401 of the Illinois
Controlled 
 Substances Act, or (F) an offense under the 
 Methamphetamine Control and Community Protection Act.

 (6) Nothing in this Section shall be construed to limit 
the use of an
adjudication of delinquency as
evidence in any 
juvenile or criminal proceeding, where it would otherwise be

admissible under the rules of evidence, including, but not 
limited to, use as
impeachment evidence against any witness, 
including the minor if he or she
testifies.

 (7) Nothing in this Section shall affect the right of a 
Civil Service
Commission or appointing authority examining the 
character and fitness of
an applicant for a position as a law 
enforcement officer to ascertain
whether that applicant was 
ever adjudicated to be a delinquent minor and,
if so, to 
examine the records or evidence which were made in
proceedings 
under this Act.

 (8) Following any adjudication of delinquency for a crime 
which would be
a felony if committed by an adult, or following 
any adjudication of delinquency
for a violation of Section 
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the 
Criminal Code of 2012, the State's Attorney shall ascertain

whether the minor respondent is enrolled in school and, if so, 
shall provide
a copy of the sentencing order to the principal 
or chief administrative
officer of the school. Access to such 
juvenile records shall be limited
to the principal or chief 
administrative officer of the school and any school
counselor 
designated by him or her.

 (9) Nothing contained in this Act prevents the sharing or

disclosure of information or records relating or pertaining to 
juveniles
subject to the provisions of the Serious Habitual 
Offender Comprehensive
Action Program when that information is 
used to assist in the early
identification and treatment of 
habitual juvenile offenders.

 (10) (Reserved). 
 (11) The Clerk of the Circuit Court shall report to the 
Illinois
State
Police, in the form and manner required by the 
Illinois State Police, the
final disposition of each minor who 
has been arrested or taken into custody
before his or her 18th 
birthday for those offenses required to be reported
under 
Section 5 of the Criminal Identification Act. Information 
reported to
the Illinois
State
Police Department under this 
Section may be maintained with records that the Illinois
State

Police
Department files under Section 2.1 of the Criminal 
Identification Act.

 (12) Information or records may be disclosed to the 
general public when the
court is conducting hearings under 
Section 5-805 or 5-810.

 (13) The changes made to this Section by Public Act 98-61 
apply to juvenile court records of a minor who has been 
arrested or taken into custody on or after January 1, 2014 (the 
effective date of Public Act 98-61). 
(Source: P.A. 102-197, eff. 7-30-21; 102-320, eff. 8-6-21; 
102-538, eff. 8-20-21; revised 10-12-21.)


 Section 600. The Court of Claims Act is amended by 
changing Section 22 as follows:

 (705 ILCS 505/22) (from Ch. 37, par. 439.22)

 Sec. 22. Every claim cognizable by the court and not 
otherwise sooner
barred by law shall be forever barred from 
prosecution therein unless it
is filed with the clerk of the 
court within the time set forth as follows:


  (a) All claims arising out of a contract must be filed 
 within 5
years after it first accrues, saving to minors, 
 and persons under legal
disability at the time the claim 
 accrues, in which cases the claim must be
filed within 5 
 years from the time the disability ceases.


  (b) All claims cognizable against the State by vendors 
 of goods or services
under the Illinois Public Aid Code

 must be filed file within one year after the accrual of the 
 cause of action, as provided
in Section 11-13 of that 
 Code.


  (c) All claims arising under paragraph (c) of Section 
 8 of this Act
must
be automatically heard by the court

 within 120
days
after the person
asserting such
claim is 
 either issued a certificate of innocence from the circuit 
 court as provided in Section 2-702 of the Code of Civil 
 Procedure, or is granted a pardon by the Governor, 
 whichever occurs later,
without the person asserting the 
 claim being required to file a petition under Section 11 
 of this Act, except as otherwise provided by the Crime 
 Victims Compensation Act.
Any claims filed by the claimant 
 under paragraph (c) of Section 8 of this Act must be filed 
 within 2 years after the person asserting such claim is 
 either issued a certificate of innocence as provided in 
 Section 2-702 of the Code of Civil Procedure, or is 
 granted a pardon by the Governor, whichever occurs later.

  (d) All claims arising under paragraph (f) of Section 
 8 of this Act must
be filed within the time set forth in 
 Section 3 of the Line of Duty Compensation Act.


  (e) All claims arising under paragraph (h) of Section 
 8 of this Act must
be filed within one year of the date of 
 the death of the guardsman or
militiaman as provided in 
 Section 3 of the Illinois National Guardsman's

 Compensation Act.


  (f) All claims arising under paragraph (g) of Section 
 8 of this Act must
be filed within one year of the crime on 
 which a claim is based as
provided in Section 6.1 of the 
 Crime Victims Compensation Act.


  (g) All claims arising from the Comptroller's refusal 
 to issue a
replacement warrant pursuant to Section 10.10 
 of the State Comptroller Act
must be filed within 5 years 
 after the date of the Comptroller's refusal.


  (h) All other claims must be filed within 2 years 
 after it first accrues,
saving to minors, and persons 
 under legal disability at the time the claim
accrues, in 
 which case the claim must be filed within 2 years from the 
 time
the disability ceases.


  (i) The changes made by Public Act 86-458 apply to all

 warrants issued within the 5-year period preceding August 
 31, 1989 (the effective date of Public Act 86-458).
The 
 changes made to this Section by Public Act 100-1124 apply 
 to claims pending on November 27, 2018 (the effective date 
 of Public Act 100-1124) and to claims filed thereafter.

  (j) All time limitations established under this Act 
 and the rules
promulgated under this Act shall be binding 
 and jurisdictional, except upon
extension authorized by 
 law or rule and granted pursuant to a motion timely filed.


(Source: P.A. 102-558, eff. 8-20-21; revised 11-24-21.)


 Section 605. The Criminal Code of 2012 is amended by 
changing Sections 12-7.1, 24-3, and 24-8 as follows:



 (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)



 Sec. 12-7.1. Hate crime. 

 (a) A person commits hate crime when, by reason of the 
actual or
perceived race, color, creed, religion, ancestry, 
gender, sexual orientation,
physical or mental disability, 
citizenship, immigration status, or national origin of another 
individual or
group of individuals, regardless of the 
existence of any other motivating
factor or factors, he or she 
commits assault, battery, aggravated assault, intimidation, 
stalking, cyberstalking, misdemeanor
theft, criminal trespass 
to residence, misdemeanor criminal damage
to property, 
criminal trespass to vehicle, criminal trespass to real 
property,
mob action, disorderly conduct, transmission of 
obscene messages, harassment by telephone, or harassment 
through electronic
communications as these crimes are defined 
in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 
21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs 
(a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs 
(a)(2) and (a)(5) of Section 26.5-3 of this Code,

respectively.

 (b) Except as provided in subsection (b-5), hate crime is 
a Class 4
felony for a first offense and a Class 2 felony for a 
second or subsequent
offense.

 (b-5) Hate crime is a Class 3 felony for a first offense 
and a Class 2
felony for a second or subsequent offense if 
committed:

  (1) in, or upon the exterior or grounds of, a church, 
 synagogue, mosque, or other building, structure, or place

 identified or associated with a particular religion or 
 used for religious worship or other religious purpose;

  (2) in a cemetery, mortuary, or other facility used 
 for the purpose of
burial or memorializing the dead;

  (3) in a school or other educational facility, 
 including an administrative facility or public or private 
 dormitory facility of or associated with the school or 
 other educational facility;

  (4) in a public park or an ethnic or religious 
 community center;

  (5) on the real property comprising any location 
 specified in
clauses (1) through (4) of this subsection 
 (b-5); or

  (6) on a public way within 1,000 feet of the real 
 property comprising any
location specified in clauses (1) 
 through (4) of this subsection (b-5).

 (b-10) Upon imposition of any sentence,
the trial
court 
shall also either order restitution paid to the victim
or 
impose a fine in an amount to be determined by the court based 
on the severity of the crime and the injury or damages suffered 
by the victim. In addition, any order of probation or

conditional discharge entered following a conviction or an 
adjudication of
delinquency shall include a condition that the 
offender perform public or
community service of no less than 
200 hours if that service is established in
the county where 
the offender was convicted of hate crime. In addition, any 
order of probation or
conditional discharge entered following 
a conviction or an adjudication of
delinquency shall include a 
condition that the offender enroll in an educational program 
discouraging hate crimes involving the protected class 
identified in subsection (a) that gave rise to the offense the 
offender committed. The educational program must be attended 
by the offender in-person and may be administered, as 
determined by the court, by a university, college, community 
college, non-profit organization, the Illinois Holocaust and 
Genocide Commission, or any other organization that provides 
educational programs discouraging hate crimes, except that 
programs administered online or that can otherwise be attended 
remotely are prohibited. The court may also
impose any other 
condition of probation or conditional discharge under this

Section. If the court sentences the offender to imprisonment 
or periodic imprisonment for a violation of this Section, as a 
condition of the offender's mandatory supervised release, the 
court shall require that the offender perform public or 
community service of no less than 200 hours and enroll in an 
educational program discouraging hate crimes involving the 
protected class
identified in subsection (a) that gave rise to 
the offense the offender committed. 

 (c) Independent of any criminal prosecution or the result

of a criminal prosecution, any
person suffering injury to his 
or her person, damage to his or her property, intimidation as 
defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section 
12-6 of this Code, stalking as defined in Section 12-7.3 of 
this Code, cyberstalking as defined in Section 12-7.5 of this 
Code, disorderly conduct as defined in paragraph (a)(1), 
(a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code, 
transmission of obscene messages as defined in Section 26.5-1 
of this Code, harassment by telephone as defined in Section 
26.5-2 of this Code, or harassment through electronic 
communications as defined in paragraphs (a)(2) and (a)(5) of 
Section 26.5-3 of this Code as a result
of a hate crime may 
bring a civil action for damages, injunction
or other 
appropriate relief. The court may award actual damages, 
including
damages for emotional distress, as well as punitive 
damages. The court may impose a civil penalty up to $25,000 for 
each violation of this subsection (c). A judgment in favor of a 
person who brings a civil action under this subsection (c) 
shall include
attorney's fees and costs. After consulting with 
the local State's Attorney, the Attorney General may bring a 
civil action in the name of the People of the State for an 
injunction or other equitable relief under this subsection 
(c). In addition, the Attorney General may request and the 
court may impose a civil penalty up to $25,000 for each 
violation under this subsection (c). The parents or legal 
guardians, other than
guardians appointed pursuant to the 
Juvenile Court Act or the Juvenile
Court Act of 1987, of an 
unemancipated minor shall be liable for the amount
of any 
judgment for all damages rendered against such minor under 
this
subsection (c) in any amount not exceeding the amount 
provided under
Section 5 of the Parental Responsibility Law.

 (d) "Sexual orientation" has the meaning ascribed to it in 
paragraph (O-1) of Section 1-103 of the Illinois Human Rights 
Act.

(Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22; 
revised 11-18-21.)




 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


 Sec. 24-3. Unlawful sale or delivery of firearms. 

 (A) A person commits the offense of unlawful sale or 
delivery of firearms when he
or she knowingly does any of the 
following:

  (a) Sells or gives any firearm of a size which may be 
 concealed upon the
person to any person under 18 years of 
 age.

  (b) Sells or gives any firearm to a person under 21 
 years of age who has
been convicted of a misdemeanor other 
 than a traffic offense or adjudged
delinquent.

  (c) Sells or gives any firearm to any narcotic addict.

  (d) Sells or gives any firearm to any person who has 
 been convicted of a
felony under the laws of this or any 
 other jurisdiction.

  (e) Sells or gives any firearm to any person who has 
 been a patient in a
mental institution within the past 5 
 years. In this subsection (e):
   "Mental institution" means any hospital, 
 institution, clinic, evaluation facility, mental 
 health center, or part thereof, which is used 
 primarily for the care or treatment of persons with 
 mental illness. 
   "Patient in a mental institution" means the person 
 was admitted, either voluntarily or involuntarily, to 
 a mental institution for mental health treatment, 
 unless the treatment was voluntary and solely for an 
 alcohol abuse disorder and no other secondary 
 substance abuse disorder or mental illness.

  (f) Sells or gives any firearms to any person who is a 
 person with an intellectual disability.

  (g) Delivers any firearm, incidental to a sale, 
 without withholding delivery of the firearm
for at least 
 72 hours after application for its purchase has been made, 
 or
delivers a stun gun or taser, incidental to a sale,

 without withholding delivery of the stun gun or taser for

 at least 24 hours after application for its purchase has 
 been made.
However,
this paragraph (g) does not apply to: 
 (1) the sale of a firearm
to a law enforcement officer if 
 the seller of the firearm knows that the person to whom he 
 or she is selling the firearm is a law enforcement officer 
 or the sale of a firearm to a person who desires to 
 purchase a firearm for
use in promoting the public 
 interest incident to his or her employment as a
bank 
 guard, armed truck guard, or other similar employment; (2) 
 a mail
order sale of a firearm from a federally licensed 
 firearms dealer to a nonresident of Illinois under which 
 the firearm
is mailed to a federally licensed firearms 
 dealer outside the boundaries of Illinois; (3) (blank); 
 (4) the sale of a
firearm to a dealer licensed as a federal 
 firearms dealer under Section 923
of the federal Gun 
 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
 sale of any rifle, shotgun, or other long gun to a resident 
 registered competitor or attendee or non-resident 
 registered competitor or attendee by any dealer licensed 
 as a federal firearms dealer under Section 923 of the 
 federal Gun Control Act of 1968 at competitive shooting 
 events held at the World Shooting Complex sanctioned by a 
 national governing body. For purposes of transfers or 
 sales under subparagraph (5) of this paragraph (g), the 
 Department of Natural Resources shall give notice to the 
 Illinois State Police at least 30 calendar days prior to 
 any competitive shooting events at the World Shooting 
 Complex sanctioned by a national governing body. The 
 notification shall be made on a form prescribed by the 
 Illinois State Police. The sanctioning body shall provide 
 a list of all registered competitors and attendees at 
 least 24 hours before the events to the Illinois State 
 Police. Any changes to the list of registered competitors 
 and attendees shall be forwarded to the Illinois State 
 Police as soon as practicable. The Illinois State Police 
 must destroy the list of registered competitors and 
 attendees no later than 30 days after the date of the 
 event. Nothing in this paragraph (g) relieves a federally 
 licensed firearm dealer from the requirements of 
 conducting a NICS background check through the Illinois 
 Point of Contact under 18 U.S.C. 922(t). For purposes of 
 this paragraph (g), "application" means when the buyer and 
 seller reach an agreement to purchase a firearm.
For 
 purposes of this paragraph (g), "national governing body" 
 means a group of persons who adopt rules and formulate 
 policy on behalf of a national firearm sporting 
 organization. 

  (h) While holding any license
as a dealer,
importer, 
 manufacturer or pawnbroker
under the federal Gun Control 
 Act of 1968,
manufactures, sells or delivers to any 
 unlicensed person a handgun having
a barrel, slide, frame 
 or receiver which is a die casting of zinc alloy or
any 
 other nonhomogeneous metal which will melt or deform at a 
 temperature
of less than 800 degrees Fahrenheit. For 
 purposes of this paragraph, (1)
"firearm" is defined as in 
 the Firearm Owners Identification Card Act; and (2)

 "handgun" is defined as a firearm designed to be held
and 
 fired by the use of a single hand, and includes a 
 combination of parts from
which such a firearm can be 
 assembled.

  (i) Sells or gives a firearm of any size to any person 
 under 18 years of
age who does not possess a valid Firearm 
 Owner's Identification Card.

  (j) Sells or gives a firearm while engaged in the 
 business of selling
firearms at wholesale or retail 
 without being licensed as a federal firearms
dealer under 
 Section 923 of the federal Gun Control Act of 1968 (18 
 U.S.C.
923). In this paragraph (j):

  A person "engaged in the business" means a person who 
 devotes time,
attention, and
labor to
engaging in the 
 activity as a regular course of trade or business with the

 principal objective of livelihood and profit, but does not 
 include a person who
makes occasional repairs of firearms 
 or who occasionally fits special barrels,
stocks, or 
 trigger mechanisms to firearms.

  "With the principal objective of livelihood and 
 profit" means that the
intent
underlying the sale or 
 disposition of firearms is predominantly one of
obtaining 
 livelihood and pecuniary gain, as opposed to other 
 intents, such as
improving or liquidating a personal 
 firearms collection; however, proof of
profit shall not be 
 required as to a person who engages in the regular and

 repetitive purchase and disposition of firearms for 
 criminal purposes or
terrorism.

  (k) Sells or transfers ownership of a firearm to a 
 person who does not display to the seller or transferor of 
 the firearm either: (1) a currently valid Firearm Owner's 
 Identification Card that has previously been issued in the 
 transferee's name by the Illinois State Police under the 
 provisions of the Firearm Owners Identification Card Act; 
 or (2) a currently valid license to carry a concealed 
 firearm that has previously been issued in the 
 transferee's name by the
Illinois State Police under the 
 Firearm Concealed Carry Act. This paragraph (k) does not 
 apply to the transfer of a firearm to a person who is 
 exempt from the requirement of possessing a Firearm 
 Owner's Identification Card under Section 2 of the Firearm 
 Owners Identification Card Act. For the purposes of this 
 Section, a currently valid Firearm Owner's Identification 
 Card or license to carry a concealed firearm means receipt 
 of an approval number issued in accordance with subsection 
 (a-10) of Section subsection 3 or Section 3.1 of the 
 Firearm Owners Identification Card Act.
   (1) In addition to the other requirements of this 
 paragraph (k), all persons who are not federally 
 licensed firearms dealers must also have complied with 
 subsection (a-10) of Section 3 of the Firearm Owners 
 Identification Card Act by determining the validity of 
 a purchaser's Firearm Owner's Identification Card.
   (2) All sellers or transferors who have complied 
 with the requirements of subparagraph (1) of this 
 paragraph (k) shall not be liable for damages in any 
 civil action arising from the use or misuse by the 
 transferee of the firearm transferred, except for 
 willful or wanton misconduct on the part of the seller 
 or transferor. 
  (l) Not
being entitled to the possession of a firearm, 
 delivers the
firearm, knowing it to have been stolen or 
 converted. It may be inferred that
a person who possesses 
 a firearm with knowledge that its serial number has
been 
 removed or altered has knowledge that the firearm is 
 stolen or converted. 
 (B) Paragraph (h) of subsection (A) does not include 
firearms sold within 6
months after enactment of Public
Act 
78-355 (approved August 21, 1973, effective October 1, 1973), 
nor is any
firearm legally owned or
possessed by any citizen or 
purchased by any citizen within 6 months after the
enactment 
of Public Act 78-355 subject
to confiscation or seizure under 
the provisions of that Public Act. Nothing in
Public Act 
78-355 shall be construed to prohibit the gift or trade of
any 
firearm if that firearm was legally held or acquired within 6 
months after
the enactment of that Public Act.

 (C) Sentence.

  (1) Any person convicted of unlawful sale or delivery 
 of firearms in violation of
paragraph (c), (e), (f), (g), 
 or (h) of subsection (A) commits a Class
4
felony.

  (2) Any person convicted of unlawful sale or delivery 
 of firearms in violation of
paragraph (b) or (i) of 
 subsection (A) commits a Class 3 felony.

  (3) Any person convicted of unlawful sale or delivery 
 of firearms in violation of
paragraph (a) of subsection 
 (A) commits a Class 2 felony.

  (4) Any person convicted of unlawful sale or delivery 
 of firearms in violation of
paragraph (a), (b), or (i) of 
 subsection (A) in any school, on the real
property 
 comprising a school, within 1,000 feet of the real 
 property comprising
a school, at a school related 
 activity, or on or within 1,000 feet of any
conveyance 
 owned, leased, or contracted by a school or school 
 district to
transport students to or from school or a 
 school related activity,
regardless of the time of day or 
 time of year at which the offense
was committed, commits a 
 Class 1 felony. Any person convicted of a second
or 
 subsequent violation of unlawful sale or delivery of 
 firearms in violation of paragraph
(a), (b), or (i) of 
 subsection (A) in any school, on the real property

 comprising a school, within 1,000 feet of the real 
 property comprising a
school, at a school related 
 activity, or on or within 1,000 feet of any
conveyance 
 owned, leased, or contracted by a school or school 
 district to
transport students to or from school or a 
 school related activity,
regardless of the time of day or 
 time of year at which the offense
was committed, commits a 
 Class 1 felony for which the sentence shall be a
term of 
 imprisonment of no less than 5 years and no more than 15 
 years.

  (5) Any person convicted of unlawful sale or delivery 
 of firearms in violation of
paragraph (a) or (i) of 
 subsection (A) in residential property owned,
operated, or 
 managed by a public housing agency or leased by a public 
 housing
agency as part of a scattered site or mixed-income 
 development, in a public
park, in a
courthouse, on 
 residential property owned, operated, or managed by a 
 public
housing agency or leased by a public housing agency 
 as part of a scattered site
or mixed-income development, 
 on the real property comprising any public park,
on the 
 real
property comprising any courthouse, or on any public 
 way within 1,000 feet
of the real property comprising any 
 public park, courthouse, or residential
property owned, 
 operated, or managed by a public housing agency or leased 
 by a
public housing agency as part of a scattered site or 
 mixed-income development
commits a
Class 2 felony.

  (6) Any person convicted of unlawful sale or delivery 
 of firearms in violation of
paragraph (j) of subsection 
 (A) commits a Class A misdemeanor. A second or
subsequent 
 violation is a Class 4 felony.
  (7) Any person convicted of unlawful sale or delivery 
 of firearms in violation of paragraph (k) of subsection 
 (A) commits a Class 4 felony, except that a violation of 
 subparagraph (1) of paragraph (k) of subsection (A) shall 
 not be punishable as a crime or petty offense. A third or 
 subsequent conviction for a violation of paragraph (k) of 
 subsection (A) is a Class 1 felony.


  (8) A person 18 years of age or older convicted of 
 unlawful sale or delivery of firearms in violation of 
 paragraph (a) or (i) of subsection (A), when the firearm 
 that was sold or given to another person under 18 years of 
 age was used in the commission of or attempt to commit a 
 forcible felony, shall be fined or imprisoned, or both, 
 not to exceed the maximum provided for the most serious 
 forcible felony so committed or attempted by the person 
 under 18 years of age who was sold or given the firearm. 
  (9) Any person convicted of unlawful sale or delivery 
 of firearms in violation of
paragraph (d) of subsection 
 (A) commits a Class 3 felony.
  (10) Any person convicted of unlawful sale or delivery 
 of firearms in violation of paragraph (l) of subsection 
 (A) commits a Class 2 felony if the delivery is of one 
 firearm. Any person convicted of unlawful sale or delivery 
 of firearms in violation of paragraph (l) of subsection 
 (A) commits a Class 1 felony if the delivery is of not less 
 than 2 and not more than 5 firearms at the
same time or 
 within a one-year one year period. Any person convicted of 
 unlawful sale or delivery of firearms in violation of 
 paragraph (l) of subsection (A) commits a Class X felony 
 for which he or she shall be sentenced
to a term of 
 imprisonment of not less than 6 years and not more than 30

 years if the delivery is of not less than 6 and not more 
 than 10 firearms at the
same time or within a 2-year 2 year 
 period. Any person convicted of unlawful sale or delivery 
 of firearms in violation of paragraph (l) of subsection 
 (A) commits a Class X felony for which he or she shall be 
 sentenced
to a term of imprisonment of not less than 6 
 years and not more than 40
years if the delivery is of not 
 less than 11 and not more than 20 firearms at the
same time 
 or within a 3-year 3 year period. Any person convicted of 
 unlawful sale or delivery of firearms in violation of 
 paragraph (l) of subsection (A) commits a Class X felony 
 for which he or she shall be sentenced
to a term of 
 imprisonment of not less than 6 years and not more than 50

 years if the delivery is of not less than 21 and not more 
 than 30 firearms at the
same time or within a 4-year 4 year 
 period. Any person convicted of unlawful sale or delivery 
 of firearms in violation of paragraph (l) of subsection 
 (A) commits a Class X felony for which he or she shall be 
 sentenced
to a term of imprisonment of not less than 6 
 years and not more than 60
years if the delivery is of 31 
 or more firearms at the
same time or within a 5-year 5 year 
 period. 
 (D) For purposes of this Section:

 "School" means a public or private elementary or secondary 
school,
community college, college, or university.

 "School related activity" means any sporting, social, 
academic, or
other activity for which students' attendance or 
participation is sponsored,
organized, or funded in whole or 
in part by a school or school district.

 (E) A prosecution for a violation of paragraph (k) of 
subsection (A) of this Section may be commenced within 6 years 
after the commission of the offense. A prosecution for a 
violation of this Section other than paragraph (g) of 
subsection (A) of this Section may be commenced within 5 years 
after the commission of the offense defined in the particular 
paragraph.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-12-21.)





 (720 ILCS 5/24-8)



 Sec. 24-8. Firearm evidence. 

 (a) Upon recovering a firearm from the possession
of 
anyone who is not permitted by federal or State
law
to possess 
a firearm, a law enforcement agency shall
use the best 
available information, including a firearms trace when 
necessary,
to determine how and from whom the person gained

possession of the firearm.
Upon recovering a firearm that was 
used in the commission of any offense
classified as a felony or 
upon recovering a firearm that appears to have been
lost, 
mislaid,
stolen, or
otherwise unclaimed, a law enforcement 
agency shall use the best
available
information, including a 
firearms trace, to determine prior
ownership of
the firearm.

 (b) Law enforcement shall, when appropriate, use the 
National
Tracing Center of the
Federal
Bureau of Alcohol, 
Tobacco and Firearms and the National Crime Information Center 
of the Federal Bureau of Investigation in complying with 
subsection (a) of
this Section.

 (c) Law enforcement agencies shall use the Illinois State 
Police Law Enforcement Agencies Data System (LEADS) Gun File 
to enter all
stolen, seized, or recovered firearms as 
prescribed by LEADS regulations and
policies.
 (d) Whenever a law enforcement agency recovers a fired 
cartridge case at a crime scene or has reason to believe that 
the recovered fired cartridge case is related to or associated 
with the commission of a crime, the law enforcement agency 
shall submit the evidence to the National Integrated 
Ballistics Information Network (NIBIN) or an Illinois State 
Police laboratory for NIBIN processing. Whenever a law 
enforcement agency seizes or recovers a semiautomatic firearm 
that is deemed suitable to be entered into the NIBIN that was: 
(i) unlawfully possessed, (ii) used for any unlawful purpose, 
(iii) recovered from the scene of a crime, (iv) is reasonably 
believed to have been used or associated with the commission 
of a crime, or (v) is acquired by the law enforcement agency as 
an abandoned or discarded firearm, the law enforcement agency 
shall submit the evidence to the NIBIN or an Illinois State 
Police laboratory for NIBIN processing.
When practicable, all 
NIBIN-suitable evidence and NIBIN-suitable test fires from 
recovered firearms shall be entered into the NIBIN within 2 
business days of submission to Illinois State Police 
laboratories that have NIBIN access or another NIBIN site. 
Exceptions to this may occur if the evidence in question 
requires analysis by other forensic disciplines. The Illinois 
State Police laboratory, submitting agency, and relevant court 
representatives shall determine whether the request for 
additional analysis outweighs the 2 business-day requirement.

Illinois State Police laboratories that do not have NIBIN 
access shall submit NIBIN-suitable evidence and test fires to 
an Illinois State Police laboratory with NIBIN access. Upon 
receipt at the laboratory with NIBIN access, when practicable, 
the evidence and test fires shall be entered into the NIBIN 
within 2 business days. Exceptions to this 2 business-day 
requirement may occur if the evidence in question requires 
analysis by other forensic disciplines. The Illinois State 
Police laboratory, submitting agency, and relevant court 
representatives shall determine whether the request for 
additional analysis outweighs the 2 business-day requirement.

Nothing in this Section shall be interpreted to conflict with 
standards and policies for NIBIN sites as promulgated by the 
federal Bureau of Alcohol, Tobacco, Firearms and Explosives or 
successor agencies. 

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-14-21.)


 Section 610. The Cannabis Control Act is amended by 
changing Section 8 as follows:



 (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)



 Sec. 8. Except as otherwise provided in the Cannabis 
Regulation and Tax Act and the Industrial Hemp Act, it is 
unlawful for any person knowingly to produce the Cannabis

sativa plant or to possess such plants unless production or 
possession
has been authorized pursuant to the provisions of 
Section 11 or 15.2 of the Act.
Any person who violates this 
Section with respect to production or possession of:

  (a) Not more than 5 plants is guilty of a civil 
 violation punishable by a minimum fine of $100 and a 
 maximum fine of $200. The proceeds of the fine are payable 
 to the clerk of the circuit court. Within 30 days after the 
 deposit of the fine, the clerk shall distribute the 
 proceeds of the fine as follows:
   (1) $10 of the fine to the circuit clerk and $10 of 
 the fine to the law enforcement agency that issued the 
 citation; the proceeds of each $10 fine distributed to 
 the circuit clerk and each $10 fine distributed to the 
 law enforcement agency that issued the citation for 
 the violation shall be used to defer the cost of 
 automatic expungements under paragraph (2.5) of 
 subsection (a) of Section 5.2 of the Criminal 
 Identification Act;
   (2) $15 to the county to fund drug addiction 
 services;
   (3) $10 to the Office of the State's Attorneys 
 Appellate Prosecutor for use in training programs;
   (4) $10 to the State's Attorney; and
   (5) any remainder of the fine to the law 
 enforcement agency that issued the citation for the 
 violation.
  With respect to funds designated for the Illinois 
 State Police, the moneys shall be remitted by the circuit 
 court clerk to the State Treasurer Illinois within one 
 month after receipt for deposit into the State Police 
 Operations Assistance Fund. With respect to funds 
 designated for the Department of Natural Resources, the 
 Department of Natural Resources shall deposit the moneys 
 into the Conservation Police Operations Assistance Fund.

  (b) More than 5, but not more than 20 plants, is guilty

 of a Class 4 felony.

  (c) More than 20, but not more than 50 plants, is

 guilty of a Class 3 felony.

  (d) More than 50, but not more than 200 plants, is 
 guilty of a Class 2 felony for which
a fine not to exceed 
 $100,000 may be imposed and for which liability for
the 
 cost of conducting the investigation and eradicating such 
 plants may be
assessed. Compensation for expenses incurred 
 in the enforcement of this
provision shall be transmitted 
 to and deposited in the treasurer's office
at the level of 
 government represented by the Illinois law enforcement

 agency whose officers or employees conducted the 
 investigation or caused
the arrest or arrests leading to 
 the prosecution, to be subsequently made
available to that 
 law enforcement agency as expendable receipts for use in

 the enforcement of laws regulating controlled substances 
 and cannabis. If
such seizure was made by a combination of 
 law enforcement personnel
representing different levels of 
 government, the court levying the
assessment shall 
 determine the allocation of such assessment. The proceeds

 of assessment awarded to the State treasury shall be 
 deposited in a special
fund known as the Drug Traffic 
 Prevention Fund.
  (e) More than 200 plants is guilty of a Class 1 felony 
 for which
a fine not to exceed $100,000 may be imposed and 
 for which liability for
the cost of conducting the 
 investigation and eradicating such plants may be
assessed. 
 Compensation for expenses incurred in the enforcement of 
 this
provision shall be transmitted to and deposited in 
 the treasurer's office
at the level of government 
 represented by the Illinois law enforcement
agency whose 
 officers or employees conducted the investigation or 
 caused
the arrest or arrests leading to the prosecution, 
 to be subsequently made
available to that law enforcement 
 agency as expendable receipts for use in
the enforcement 
 of laws regulating controlled substances and cannabis. If

 such seizure was made by a combination of law enforcement 
 personnel
representing different levels of government, the 
 court levying the
assessment shall determine the 
 allocation of such assessment. The proceeds
of assessment 
 awarded to the State treasury shall be deposited in a 
 special
fund known as the Drug Traffic Prevention Fund.


(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
102-145, eff. 7-23-21; 102-538, eff. 8-20-21; revised 
10-14-21.)


 Section 615. The Illinois Controlled Substances Act is 
amended by changing Sections 102 and 316 as follows:

 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
 Sec. 102. Definitions.  As used in this Act, unless the 
context
otherwise requires:


 (a) "Addict" means any person who habitually uses any 
drug, chemical,
substance or dangerous drug other than alcohol 
so as to endanger the public
morals, health, safety or welfare 
or who is so far addicted to the use of a
dangerous drug or 
controlled substance other than alcohol as to have lost
the 
power of self control with reference to his or her addiction.


 (b) "Administer" means the direct application of a 
controlled
substance, whether by injection, inhalation, 
ingestion, or any other
means, to the body of a patient, 
research subject, or animal (as
defined by the Humane 
Euthanasia in Animal Shelters Act) by:


  (1) a practitioner (or, in his or her presence, by his 
 or her authorized agent),


  (2) the patient or research subject pursuant to an 
 order, or


  (3) a euthanasia technician as defined by the Humane 
 Euthanasia in
Animal Shelters Act.


 (c) "Agent" means an authorized person who acts on behalf 
of or at
the direction of a manufacturer, distributor, 
dispenser, prescriber, or practitioner. It does not
include a 
common or contract carrier, public warehouseman or employee of

the carrier or warehouseman.


 (c-1) "Anabolic Steroids" means any drug or hormonal 
substance,
chemically and pharmacologically related to 
testosterone (other than
estrogens, progestins, 
corticosteroids, and dehydroepiandrosterone),
and includes:


 (i) 3[beta],17-dihydroxy-5a-androstane, 
 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
 (iii) 5[alpha]-androstan-3,17-dione, 
 (iv) 1-androstenediol (3[beta], 
  17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
 (v) 1-androstenediol (3[alpha], 
  17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
 (vi) 4-androstenediol 
  (3[beta],17[beta]-dihydroxy-androst-4-ene), 
 (vii) 5-androstenediol 
  (3[beta],17[beta]-dihydroxy-androst-5-ene), 
 (viii) 1-androstenedione 
  ([5alpha]-androst-1-en-3,17-dione), 
 (ix) 4-androstenedione 
  (androst-4-en-3,17-dione), 
 (x) 5-androstenedione 
  (androst-5-en-3,17-dione), 
 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
  hydroxyandrost-4-en-3-one), 
 (xii) boldenone (17[beta]-hydroxyandrost- 
  1,4,-diene-3-one), 
 (xiii) boldione (androsta-1,4- 
  diene-3,17-dione), 
 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
  [beta]-hydroxyandrost-4-en-3-one), 
 (xv) clostebol (4-chloro-17[beta]- 
  hydroxyandrost-4-en-3-one), 
 (xvi) dehydrochloromethyltestosterone (4-chloro- 
  17[beta]-hydroxy-17[alpha]-methyl- 
  androst-1,4-dien-3-one), 
 (xvii) desoxymethyltestosterone 
 (17[alpha]-methyl-5[alpha] 
  -androst-2-en-17[beta]-ol)(a.k.a., madol), 
 (xviii) [delta]1-dihydrotestosterone (a.k.a. 
  '1-testosterone') (17[beta]-hydroxy- 
  5[alpha]-androst-1-en-3-one), 
 (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
  androstan-3-one), 
 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
  5[alpha]-androstan-3-one), 
 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
  hydroxyestr-4-ene), 
 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
  1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
  17[beta]-dihydroxyandrost-1,4-dien-3-one), 
 (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
  hydroxyandrostano[2,3-c]-furazan), 
 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, 
 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
  androst-4-en-3-one), 
 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
  dihydroxy-estr-4-en-3-one), 
 (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
  hydroxy-5-androstan-3-one), 
 (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
  [5a]-androstan-3-one), 
 (xxx) methandienone (17[alpha]-methyl-17[beta]- 
  hydroxyandrost-1,4-dien-3-one), 
 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
  dihydroxyandrost-5-ene), 
 (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
  5[alpha]-androst-1-en-3-one), 
 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
  dihydroxy-5a-androstane, 
 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
  -5a-androstane, 
 (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
  dihydroxyandrost-4-ene), 
 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
  methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
  hydroxyestra-4,9(10)-dien-3-one), 
 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
  hydroxyestra-4,9-11-trien-3-one), 
 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
  hydroxyandrost-4-en-3-one), 
 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
  hydroxyestr-4-en-3-one), 
 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone 
  (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
  androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
  1-testosterone'), 
 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
  dihydroxyestr-4-ene), 
 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
  dihydroxyestr-4-ene), 
 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
  dihydroxyestr-5-ene), 
 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
  dihydroxyestr-5-ene), 
 (xlvii) 19-nor-4,9(10)-androstadienedione 
  (estra-4,9(10)-diene-3,17-dione), 
 (xlviii) 19-nor-4-androstenedione (estr-4- 
  en-3,17-dione), 
 (xlix) 19-nor-5-androstenedione (estr-5- 
  en-3,17-dione), 
 (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
  hydroxygon-4-en-3-one), 
 (li) norclostebol (4-chloro-17[beta]- 
  hydroxyestr-4-en-3-one), 
 (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
  hydroxyestr-4-en-3-one), 
 (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
  hydroxyestr-4-en-3-one), 
 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
  2-oxa-5[alpha]-androstan-3-one), 
 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
  dihydroxyandrost-4-en-3-one), 
 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
  17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
  (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
 (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
  (5[alpha]-androst-1-en-3-one), 
 (lix) testolactone (13-hydroxy-3-oxo-13,17- 
  secoandrosta-1,4-dien-17-oic 
  acid lactone), 
 (lx) testosterone (17[beta]-hydroxyandrost- 
  4-en-3-one), 
 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
  diethyl-17[beta]-hydroxygon- 
  4,9,11-trien-3-one), 
 (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
  11-trien-3-one). 

 Any person who is otherwise lawfully in possession of an 
anabolic
steroid, or who otherwise lawfully manufactures, 
distributes, dispenses,
delivers, or possesses with intent to 
deliver an anabolic steroid, which
anabolic steroid is 
expressly intended for and lawfully allowed to be
administered 
through implants to livestock or other nonhuman species, and

which is approved by the Secretary of Health and Human 
Services for such
administration, and which the person intends 
to administer or have
administered through such implants, 
shall not be considered to be in
unauthorized possession or to 
unlawfully manufacture, distribute, dispense,
deliver, or 
possess with intent to deliver such anabolic steroid for

purposes of this Act.


 (d) "Administration" means the Drug Enforcement 
Administration,
United States Department of Justice, or its 
successor agency.


 (d-5) "Clinical Director, Prescription Monitoring Program" 
means a Department of Human Services administrative employee 
licensed to either prescribe or dispense controlled substances 
who shall run the clinical aspects of the Department of Human 
Services Prescription Monitoring Program and its Prescription 
Information Library.
 (d-10) "Compounding" means the preparation and mixing of 
components, excluding flavorings, (1) as the result of a 
prescriber's prescription drug order or initiative based on 
the prescriber-patient-pharmacist relationship in the course 
of professional practice or (2) for the purpose of, or 
incident to, research, teaching, or chemical analysis and not 
for sale or dispensing. "Compounding" includes the preparation 
of drugs or devices in anticipation of receiving prescription 
drug orders based on routine, regularly observed dispensing 
patterns. Commercially available products may be compounded 
for dispensing to individual patients only if both of the 
following conditions are met: (i) the commercial product is 
not reasonably available from normal distribution channels in 
a timely manner to meet the patient's needs and (ii) the 
prescribing practitioner has requested that the drug be 
compounded. 
 (e) "Control" means to add a drug or other substance, or 
immediate
precursor, to a Schedule whether by
transfer from 
another Schedule or otherwise.


 (f) "Controlled Substance" means (i) a drug, substance, 
immediate
precursor, or synthetic drug in the Schedules of 
Article II of this Act or (ii) a drug or other substance, or 
immediate precursor, designated as a controlled substance by 
the Department through administrative rule. The term does not 
include distilled spirits, wine, malt beverages, or tobacco, 
as those terms are
defined or used in the Liquor Control Act of 
1934 and the Tobacco Products Tax
Act of 1995.


 (f-5) "Controlled substance analog" means a substance:
  (1) the chemical structure of which is substantially 
 similar to the chemical structure of a controlled 
 substance in Schedule I or II;
  (2) which has a stimulant, depressant, or 
 hallucinogenic effect on the central nervous system that 
 is substantially similar to or greater than the stimulant, 
 depressant, or hallucinogenic effect on the central 
 nervous system of a controlled substance in Schedule I or 
 II; or
  (3) with respect to a particular person, which such 
 person represents or intends to have a stimulant, 
 depressant, or hallucinogenic effect on the central 
 nervous system that is substantially similar to or greater 
 than the stimulant, depressant, or hallucinogenic effect 
 on the central nervous system of a controlled substance in 
 Schedule I or II. 
 (g) "Counterfeit substance" means a controlled substance, 
which, or
the container or labeling of which, without 
authorization bears the
trademark, trade name, or other 
identifying mark, imprint, number or
device, or any likeness 
thereof, of a manufacturer, distributor, or
dispenser other 
than the person who in fact manufactured, distributed,
or 
dispensed the substance.


 (h) "Deliver" or "delivery" means the actual, constructive 
or
attempted transfer of possession of a controlled substance, 
with or
without consideration, whether or not there is an 
agency relationship.
"Deliver" or "delivery" does not include

the donation of drugs to the extent permitted
under the 
Illinois Drug Reuse Opportunity Program Act. 

 (i) "Department" means the Illinois Department of Human 
Services (as
successor to the Department of Alcoholism and 
Substance Abuse) or its successor agency.


 (j) (Blank).


 (k) "Department of Corrections" means the Department of 
Corrections
of the State of Illinois or its successor agency.


 (l) "Department of Financial and Professional Regulation" 
means the Department
of Financial and Professional Regulation 
of the State of Illinois or its successor agency.


 (m) "Depressant" means any drug that (i) causes an overall 
depression of central nervous system functions, (ii) causes 
impaired consciousness and awareness, and (iii) can be 
habit-forming or lead to a substance abuse problem, including, 
but not limited to, alcohol, cannabis and its active 
principles and their analogs, benzodiazepines and their 
analogs, barbiturates and their analogs, opioids (natural and 
synthetic) and their analogs, and chloral hydrate and similar 
sedative hypnotics.


 (n) (Blank).


 (o) "Director" means the Director of the Illinois State 
Police or his or her designated agents.


 (p) "Dispense" means to deliver a controlled substance to 
an
ultimate user or research subject by or pursuant to the 
lawful order of
a prescriber, including the prescribing, 
administering, packaging,
labeling, or compounding necessary 
to prepare the substance for that
delivery.


 (q) "Dispenser" means a practitioner who dispenses.


 (r) "Distribute" means to deliver, other than by 
administering or
dispensing, a controlled substance.


 (s) "Distributor" means a person who distributes.


 (t) "Drug" means (1) substances recognized as drugs in the 
official
United States Pharmacopoeia, Official Homeopathic 
Pharmacopoeia of the
United States, or official National 
Formulary, or any supplement to any
of them; (2) substances 
intended for use in diagnosis, cure, mitigation,
treatment, or 
prevention of disease in man or animals; (3) substances
(other 
than food) intended to affect the structure of any function of

the body of man or animals and (4) substances intended for use 
as a
component of any article specified in clause (1), (2), or 
(3) of this
subsection. It does not include devices or their 
components, parts, or
accessories.


 (t-3) "Electronic health record" or "EHR" means an 
electronic record of health-related information on an 
individual that is created, gathered, managed, and consulted 
by authorized health care clinicians and staff. 
 (t-3.5) "Electronic health record system" or "EHR system" 
means any computer-based system or combination of federally 
certified Health IT Modules (defined at 42 CFR 170.102 or its 
successor) used as a repository for electronic health records 
and accessed or updated by a prescriber or authorized 
surrogate in the ordinary course of his or her medical 
practice. For purposes of connecting to the Prescription 
Information Library maintained by the Bureau of Pharmacy and 
Clinical Support Systems or its successor, an EHR system may 
connect to the Prescription Information Library directly or 
through all or part of a computer program or system that is a 
federally certified Health IT Module maintained by a third 
party and used by the EHR system to secure access to the 
database.
 (t-4) "Emergency medical services personnel" has the 
meaning ascribed to it in the Emergency Medical Services (EMS) 
Systems Act.
 (t-5) "Euthanasia agency" means
an entity certified by the 
Department of Financial and Professional Regulation for the

purpose of animal euthanasia that holds an animal control 
facility license or
animal
shelter license under the Animal 
Welfare Act. A euthanasia agency is
authorized to purchase, 
store, possess, and utilize Schedule II nonnarcotic and

Schedule III nonnarcotic drugs for the sole purpose of animal 
euthanasia.


 (t-10) "Euthanasia drugs" means Schedule II or Schedule 
III substances
(nonnarcotic controlled substances) that are 
used by a euthanasia agency for
the purpose of animal 
euthanasia.


 (u) "Good faith" means the prescribing or dispensing of a 
controlled
substance by a practitioner in the regular course 
of professional
treatment to or for any person who is under his 
or her treatment for a
pathology or condition other than that 
individual's physical or
psychological dependence upon or 
addiction to a controlled substance,
except as provided 
herein: and application of the term to a pharmacist
shall mean 
the dispensing of a controlled substance pursuant to the

prescriber's order which in the professional judgment of the 
pharmacist
is lawful. The pharmacist shall be guided by 
accepted professional
standards, including, but not limited 
to, the following, in making the
judgment:


  (1) lack of consistency of prescriber-patient 
 relationship,


  (2) frequency of prescriptions for same drug by one 
 prescriber for
large numbers of patients,


  (3) quantities beyond those normally prescribed,


  (4) unusual dosages (recognizing that there may be 
 clinical circumstances where more or less than the usual 
 dose may be used legitimately),


  (5) unusual geographic distances between patient, 
 pharmacist and
prescriber,


  (6) consistent prescribing of habit-forming drugs.


 (u-0.5) "Hallucinogen" means a drug that causes markedly 
altered sensory perception leading to hallucinations of any 
type. 
 (u-1) "Home infusion services" means services provided by 
a pharmacy in
compounding solutions for direct administration 
to a patient in a private
residence, long-term care facility, 
or hospice setting by means of parenteral,
intravenous, 
intramuscular, subcutaneous, or intraspinal infusion.


 (u-5) "Illinois State Police" means the Illinois State

Police or its successor agency. 
 (v) "Immediate precursor" means a substance:


  (1) which the Department has found to be and by rule 
 designated as
being a principal compound used, or produced 
 primarily for use, in the
manufacture of a controlled 
 substance;


  (2) which is an immediate chemical intermediary used 
 or likely to
be used in the manufacture of such controlled 
 substance; and


  (3) the control of which is necessary to prevent, 
 curtail or limit
the manufacture of such controlled 
 substance.


 (w) "Instructional activities" means the acts of teaching, 
educating
or instructing by practitioners using controlled 
substances within
educational facilities approved by the State 
Board of Education or
its successor agency.


 (x) "Local authorities" means a duly organized State, 
County or
Municipal peace unit or police force.


 (y) "Look-alike substance" means a substance, other than a 
controlled
substance which (1) by overall dosage unit 
appearance, including shape,
color, size, markings or lack 
thereof, taste, consistency, or any other
identifying physical 
characteristic of the substance, would lead a reasonable

person to believe that the substance is a controlled 
substance, or (2) is
expressly or impliedly represented to be 
a controlled substance or is
distributed under circumstances 
which would lead a reasonable person to
believe that the 
substance is a controlled substance. For the purpose of

determining whether the representations made or the 
circumstances of the
distribution would lead a reasonable 
person to believe the substance to be
a controlled substance 
under this clause (2) of subsection (y), the court or
other 
authority may consider the following factors in addition to 
any other
factor that may be relevant:


  (a) statements made by the owner or person in control 
 of the substance
concerning its nature, use or effect;


  (b) statements made to the buyer or recipient that the 
 substance may
be resold for profit;


  (c) whether the substance is packaged in a manner 
 normally used for the
illegal distribution of controlled 
 substances;


  (d) whether the distribution or attempted distribution 
 included an
exchange of or demand for money or other 
 property as consideration, and
whether the amount of the 
 consideration was substantially greater than the

 reasonable retail market value of the substance.


 Clause (1) of this subsection (y) shall not apply to a 
noncontrolled
substance in its finished dosage form that was 
initially introduced into
commerce prior to the initial 
introduction into commerce of a controlled
substance in its 
finished dosage form which it may substantially resemble.


 Nothing in this subsection (y) prohibits the dispensing or 
distributing
of noncontrolled substances by persons authorized 
to dispense and
distribute controlled substances under this 
Act, provided that such action
would be deemed to be carried 
out in good faith under subsection (u) if the
substances 
involved were controlled substances.


 Nothing in this subsection (y) or in this Act prohibits 
the manufacture,
preparation, propagation, compounding, 
processing, packaging, advertising
or distribution of a drug 
or drugs by any person registered pursuant to
Section 510 of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).


 (y-1) "Mail-order pharmacy" means a pharmacy that is 
located in a state
of the United States that delivers, 
dispenses or
distributes, through the United States Postal 
Service or other common
carrier, to Illinois residents, any 
substance which requires a prescription.


 (z) "Manufacture" means the production, preparation, 
propagation,
compounding, conversion or processing of a 
controlled substance other than methamphetamine, either

directly or indirectly, by extraction from substances of 
natural origin,
or independently by means of chemical 
synthesis, or by a combination of
extraction and chemical 
synthesis, and includes any packaging or
repackaging of the 
substance or labeling of its container, except that
this term 
does not include:


  (1) by an ultimate user, the preparation or 
 compounding of a
controlled substance for his or her own 
 use;


  (2) by a practitioner, or his or her authorized agent 
 under his or her
supervision, the preparation, 
 compounding, packaging, or labeling of a
controlled 
 substance:


   (a) as an incident to his or her administering or 
 dispensing of a
controlled substance in the course of 
 his or her professional practice; or


   (b) as an incident to lawful research, teaching or 
 chemical
analysis and not for sale; or

  (3) the packaging, repackaging, or labeling of
drugs 
 only to the extent permitted under the
Illinois Drug Reuse 
 Opportunity Program Act. 

 (z-1) (Blank).


 (z-5) "Medication shopping" means the conduct prohibited 
under subsection (a) of Section 314.5 of this Act.
 (z-10) "Mid-level practitioner" means (i) a physician 
assistant who has been delegated authority to prescribe 
through a written delegation of authority by a physician 
licensed to practice medicine in all of its branches, in 
accordance with Section 7.5 of the Physician Assistant 
Practice Act of 1987, (ii) an advanced practice registered 
nurse who has been delegated authority to prescribe through a 
written delegation of authority by a physician licensed to 
practice medicine in all of its branches or by a podiatric 
physician, in accordance with Section 65-40 of the Nurse 
Practice Act, (iii) an advanced practice registered nurse 
certified as a nurse practitioner, nurse midwife, or clinical 
nurse specialist who has been granted authority to prescribe 
by a hospital affiliate in accordance with Section 65-45 of 
the Nurse Practice Act, (iv) an animal euthanasia agency, or 
(v) a prescribing psychologist. 
 (aa) "Narcotic drug" means any of the following, whether 
produced
directly or indirectly by extraction from substances 
of vegetable origin,
or independently by means of chemical 
synthesis, or by a combination of
extraction and chemical 
synthesis:


  (1) opium, opiates, derivatives of opium and opiates, 
 including their isomers, esters, ethers, salts, and salts 
 of isomers, esters, and ethers, whenever the existence of 
 such isomers, esters, ethers, and salts is possible within 
 the specific chemical designation; however the term 
 "narcotic drug" does not include the isoquinoline 
 alkaloids of opium;


  (2) (blank);


  (3) opium poppy and poppy straw;


  (4) coca leaves, except coca leaves and extracts of 
 coca leaves from which substantially all of the cocaine 
 and ecgonine, and their isomers, derivatives and salts, 
 have been removed;


  (5) cocaine, its salts, optical and geometric isomers, 
 and salts of isomers;
  (6) ecgonine, its derivatives, their salts, isomers, 
 and salts of isomers;
  (7) any compound, mixture, or preparation which 
 contains any quantity of any of the substances referred to 
 in subparagraphs (1) through (6). 
 (bb) "Nurse" means a registered nurse licensed under the

Nurse Practice Act.


 (cc) (Blank).


 (dd) "Opiate" means any substance having an addiction 
forming or
addiction sustaining liability similar to morphine 
or being capable of
conversion into a drug having addiction 
forming or addiction sustaining
liability.


 (ee) "Opium poppy" means the plant of the species Papaver

somniferum L., except its seeds.


 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or 
solution or other liquid form of medication intended for 
administration by mouth, but the term does not include a form 
of medication intended for buccal, sublingual, or transmucosal 
administration. 
 (ff) "Parole and Pardon Board" means the Parole and Pardon 
Board of
the State of Illinois or its successor agency.


 (gg) "Person" means any individual, corporation, 
mail-order pharmacy,
government or governmental subdivision or 
agency, business trust, estate,
trust, partnership or 
association, or any other entity.


 (hh) "Pharmacist" means any person who holds a license or 
certificate of
registration as a registered pharmacist, a 
local registered pharmacist
or a registered assistant 
pharmacist under the Pharmacy Practice Act.


 (ii) "Pharmacy" means any store, ship or other place in 
which
pharmacy is authorized to be practiced under the 
Pharmacy Practice Act.


 (ii-5) "Pharmacy shopping" means the conduct prohibited 
under subsection (b) of Section 314.5 of this Act.
 (ii-10) "Physician" (except when the context otherwise 
requires) means a person licensed to practice medicine in all 
of its branches. 
 (jj) "Poppy straw" means all parts, except the seeds, of 
the opium
poppy, after mowing.


 (kk) "Practitioner" means a physician licensed to practice 
medicine in all
its branches, dentist, optometrist, podiatric 
physician,
veterinarian, scientific investigator, pharmacist, 
physician assistant,
advanced practice registered nurse,

licensed practical
nurse, registered nurse, emergency medical 
services personnel, hospital, laboratory, or pharmacy, or 
other
person licensed, registered, or otherwise lawfully 
permitted by the
United States or this State to distribute, 
dispense, conduct research
with respect to, administer or use 
in teaching or chemical analysis, a
controlled substance in 
the course of professional practice or research.


 (ll) "Pre-printed prescription" means a written 
prescription upon which
the designated drug has been indicated 
prior to the time of issuance; the term does not mean a written 
prescription that is individually generated by machine or 
computer in the prescriber's office.


 (mm) "Prescriber" means a physician licensed to practice 
medicine in all
its branches, dentist, optometrist, 
prescribing psychologist licensed under Section 4.2 of the 
Clinical Psychologist Licensing Act with prescriptive 
authority delegated under Section 4.3 of the Clinical 
Psychologist Licensing Act, podiatric physician, or

veterinarian who issues a prescription, a physician assistant 
who
issues a
prescription for a controlled substance
in 
accordance
with Section 303.05, a written delegation, and a 
written collaborative agreement required under Section 7.5
of 
the
Physician Assistant Practice Act of 1987, an advanced 
practice registered
nurse with prescriptive authority 
delegated under Section 65-40 of the Nurse Practice Act and in 
accordance with Section 303.05, a written delegation,
and a 
written
collaborative agreement under Section 65-35 of the 
Nurse Practice Act, an advanced practice registered nurse 
certified as a nurse practitioner, nurse midwife, or clinical 
nurse specialist who has been granted authority to prescribe 
by a hospital affiliate in accordance with Section 65-45 of 
the Nurse Practice Act and in accordance with Section 303.05, 
or an advanced practice registered nurse certified as a nurse 
practitioner, nurse midwife, or clinical nurse specialist who 
has full practice authority pursuant to Section 65-43 of the 
Nurse Practice Act.


 (nn) "Prescription" means a written, facsimile, or oral 
order, or an electronic order that complies with applicable 
federal requirements,
of
a physician licensed to practice 
medicine in all its branches,
dentist, podiatric physician or 
veterinarian for any controlled
substance, of an optometrist 
in accordance with Section 15.1 of the Illinois Optometric 
Practice Act of 1987, of a prescribing psychologist licensed 
under Section 4.2 of the Clinical Psychologist Licensing Act 
with prescriptive authority delegated under Section 4.3 of the 
Clinical Psychologist Licensing Act, of a physician assistant 
for a
controlled substance
in accordance with Section 303.05, 
a written delegation, and a written collaborative agreement 
required under
Section 7.5 of the
Physician Assistant Practice 
Act of 1987, of an advanced practice registered
nurse with 
prescriptive authority delegated under Section 65-40 of the 
Nurse Practice Act who issues a prescription for a
controlled 
substance in accordance
with
Section 303.05, a written 
delegation, and a written collaborative agreement under 
Section 65-35 of the Nurse Practice Act, of an advanced 
practice registered nurse certified as a nurse practitioner, 
nurse midwife, or clinical nurse specialist who has been 
granted authority to prescribe by a hospital affiliate in 
accordance with Section 65-45 of the Nurse Practice Act and in 
accordance with Section 303.05 when required by law, or of an 
advanced practice registered nurse certified as a nurse 
practitioner, nurse midwife, or clinical nurse specialist who 
has full practice authority pursuant to Section 65-43 of the 
Nurse Practice Act.


 (nn-5) "Prescription Information Library" (PIL) means an 
electronic library that contains reported controlled substance 
data.
 (nn-10) "Prescription Monitoring Program" (PMP) means the 
entity that collects, tracks, and stores reported data on 
controlled substances and select drugs pursuant to Section 
316. 
 (oo) "Production" or "produce" means manufacture, 
planting,
cultivating, growing, or harvesting of a controlled 
substance other than methamphetamine.


 (pp) "Registrant" means every person who is required to 
register
under Section 302 of this Act.


 (qq) "Registry number" means the number assigned to each 
person
authorized to handle controlled substances under the 
laws of the United
States and of this State.


 (qq-5) "Secretary" means, as the context requires, either 
the Secretary of the Department or the Secretary of the 
Department of Financial and Professional Regulation, and the 
Secretary's designated agents. 
 (rr) "State" includes the State of Illinois and any state, 
district,
commonwealth, territory, insular possession thereof, 
and any area
subject to the legal authority of the United 
States of America.


 (rr-5) "Stimulant" means any drug that (i) causes an 
overall excitation of central nervous system functions, (ii) 
causes impaired consciousness and awareness, and (iii) can be 
habit-forming or lead to a substance abuse problem, including, 
but not limited to, amphetamines and their analogs, 
methylphenidate and its analogs, cocaine, and phencyclidine 
and its analogs. 
 (rr-10) "Synthetic drug" includes, but is not limited to, 
any synthetic cannabinoids or piperazines or any synthetic 
cathinones as provided for in Schedule I. 
 (ss) "Ultimate user" means a person who lawfully possesses 
a
controlled substance for his or her own use or for the use of 
a member of his or her
household or for administering to an 
animal owned by him or her or by a member
of his or her 
household.


(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 9-22-21.)





 (720 ILCS 570/316)


 Sec. 316. Prescription Monitoring Program. 
 (a) The Department must provide for a
Prescription 
Monitoring Program for Schedule II, III, IV, and V controlled 
substances that includes the following components and 
requirements:

  (1) The
dispenser must transmit to the
central 
 repository, in a form and manner specified by the 
 Department, the following information:

   (A) The recipient's name and address.

   (B) The recipient's date of birth and gender.

   (C) The national drug code number of the 
 controlled
substance
dispensed.

   (D) The date the controlled substance is 
 dispensed.

   (E) The quantity of the controlled substance 
 dispensed and days supply.

   (F) The dispenser's United States Drug Enforcement 
 Administration
registration number.

   (G) The prescriber's United States Drug 
 Enforcement Administration
registration number.

   (H) The dates the controlled substance 
 prescription is filled.
   (I) The payment type used to purchase the 
 controlled substance (i.e. Medicaid, cash, third party 
 insurance).
   (J) The patient location code (i.e. home, nursing 
 home, outpatient, etc.) for the controlled substances 
 other than those filled at a retail pharmacy.
   (K) Any additional information that may be 
 required by the department by administrative rule, 
 including but not limited to information required for 
 compliance with the criteria for electronic reporting 
 of the American Society for Automation and Pharmacy or 
 its successor. 
  (2) The information required to be transmitted under 
 this Section must be
transmitted not later than the end of 
 the business day on which a
controlled substance is 
 dispensed, or at such other time as may be required by the 
 Department by administrative rule.

  (3) A dispenser must transmit the information required 
 under this Section
by:

  (3.5) The requirements of paragraphs (1), (2), and (3)

 of this subsection also apply to opioid treatment programs 
 that are
licensed or certified by the Department of Human 
 Services'
Division of Substance Use Prevention and 
 Recovery and are
authorized by the federal Drug 
 Enforcement Administration to
prescribe Schedule II, III, 
 IV, or V controlled substances for
the treatment of opioid 
 use disorders. Opioid treatment
programs shall attempt to 
 obtain written patient consent, shall document attempts to 
 obtain the written consent, and shall not transmit 
 information without patient
consent. Documentation 
 obtained under this paragraph shall not be utilized for 
 law
enforcement purposes, as proscribed under 42 CFR 2,
as 
 amended by 42 U.S.C. 290dd-2. Treatment of a patient
shall 
 not be conditioned upon his or her written consent. 
   (A) an electronic device compatible with the 
 receiving device of the
central repository;

   (B) a computer diskette;

   (C) a magnetic tape; or

   (D) a pharmacy universal claim form or Pharmacy 
 Inventory Control form.

  (3.5) The requirements of paragraphs (1), (2), and (3)

 of this subsection also apply to opioid treatment programs 
 that are
licensed or certified by the Department of Human 
 Services'
Division of Substance Use Prevention and 
 Recovery and are
authorized by the federal Drug 
 Enforcement Administration to
prescribe Schedule II, III, 
 IV, or V controlled substances for
the treatment of opioid 
 use disorders. Opioid treatment
programs shall attempt to 
 obtain written patient consent, shall document attempts to 
 obtain the written consent, and shall not transmit 
 information without patient
consent. Documentation 
 obtained under this paragraph shall not be utilized for 
 law
enforcement purposes, as proscribed under 42 CFR 2,
as 
 amended by 42 U.S.C. 290dd-2. Treatment of a patient
shall 
 not be conditioned upon his or her written consent. 
  (4) The Department may impose a civil fine of up to 
 $100 per day for willful failure to report controlled 
 substance dispensing to the Prescription Monitoring 
 Program. The fine shall be calculated on no more than the 
 number of days from the time the report was required to be 
 made until the time the problem was resolved, and shall be 
 payable to the Prescription Monitoring Program. 

 (a-5) Notwithstanding subsection (a), a licensed 
veterinarian is exempt from the reporting requirements of this 
Section. If a person who is presenting an animal for treatment 
is suspected of fraudulently obtaining any controlled 
substance or prescription for a controlled substance, the 
licensed veterinarian shall report that information to the 
local law enforcement agency. 
 (b) The Department, by rule, may include in the 
Prescription Monitoring Program certain other select drugs 
that are not included in Schedule II, III, IV, or V. The 
Prescription Monitoring Program does not apply to
controlled 
substance prescriptions as exempted under Section
313.

 (c) The collection of data on select drugs and scheduled 
substances by the Prescription Monitoring Program may be used 
as a tool for addressing oversight requirements of long-term 
care institutions as set forth by Public Act 96-1372. 
Long-term care pharmacies shall transmit patient medication 
profiles to the Prescription Monitoring Program monthly or 
more frequently as established by administrative rule. 
 (d) The Department of Human Services shall appoint a 
full-time Clinical Director of the Prescription Monitoring 
Program.
 (e) (Blank). 
 (f) Within one year of January 1, 2018 (the effective date 
of Public Act 100-564), the Department shall adopt rules 
requiring all Electronic Health Records Systems to interface 
with the Prescription Monitoring Program application program 
on or before January 1, 2021 to ensure that all providers have 
access to specific patient records during the treatment of 
their patients. These rules shall also address the electronic 
integration of pharmacy records with the Prescription 
Monitoring Program to allow for faster transmission of the 
information required under this Section. The Department shall 
establish actions to be taken if a prescriber's Electronic 
Health Records System does not effectively interface with the 
Prescription Monitoring Program within the required timeline.
 (g) The Department, in consultation with the Prescription 
Monitoring Program Advisory Committee, shall adopt rules 
allowing licensed prescribers or pharmacists who have 
registered to access the Prescription Monitoring Program to 
authorize a licensed or non-licensed designee employed in that 
licensed prescriber's office or a licensed designee in a 
licensed pharmacist's pharmacy who has received training in 
the federal Health Insurance Portability and Accountability 
Act and 42 CFR 2 to consult the Prescription Monitoring 
Program on their behalf. The rules shall include reasonable 
parameters concerning a practitioner's authority to authorize 
a designee, and the eligibility of a person to be selected as a 
designee. In this subsection (g), "pharmacist" shall include a 
clinical pharmacist employed by and designated by a Medicaid 
Managed Care Organization providing services under Article V 
of the Illinois Public Aid Code under a contract with the 
Department of Healthcare and Family Services for the sole 
purpose of clinical review of services provided to persons 
covered by the entity under the contract to determine 
compliance with subsections (a) and (b) of Section 314.5 of 
this Act. A managed care entity pharmacist shall notify 
prescribers of review activities.
(Source: P.A. 101-81, eff. 7-12-19; 101-414, eff. 8-16-19; 
102-527, eff. 8-20-21; revised 11-24-21.)


 Section 620. The Prevention of Tobacco Use by
Persons 
under 21 Years of Age and Sale and Distribution of Tobacco 
Products Act is amended by changing Section 1 as follows:



 (720 ILCS 675/1) (from Ch. 23, par. 2357)


 Sec. 1. Prohibition on sale of tobacco products, 
electronic cigarettes, and alternative nicotine products to 
persons under 21 years of age; prohibition on the distribution 
of tobacco product samples, electronic cigarette samples, and 
alternative nicotine product samples to any person; use of 
identification cards; vending machines; lunch
wagons; 
out-of-package sales. 

 (a) No person shall sell, buy
for, distribute samples of 
or furnish any tobacco product, electronic cigarette, or 
alternative nicotine product to any person under 21 years of 
age. 
 (a-5) No person under 16 years of
age may sell any tobacco 
product, electronic cigarette, or alternative nicotine product 
at a retail
establishment selling tobacco products, electronic

cigarettes, or alternative nicotine products. This subsection 
does not apply
to a sales clerk in a family-owned business 
which can prove that the sales
clerk
is in fact a son or 
daughter of the owner.


 (a-5.1) Before selling, offering for sale, giving, or

furnishing a tobacco product, electronic cigarette, or 
alternative nicotine product to
another person, the person 
selling, offering for sale, giving,
or furnishing the tobacco 
product, electronic cigarette, or alternative nicotine product 
shall
verify that the person is at least 21 years of age by:
  (1) examining from any person that appears to be under

 30 years of age a government-issued photographic

 identification that establishes the person to be 21 years

 of age or older; or
  (2) for sales of tobacco products, electronic 
 cigarettes, or alternative nicotine products made through 
 the
Internet or other remote sales methods, performing an 
 age
verification through an independent, third party age

 verification service that compares information available

 from public records to the personal information entered by

 the person during the ordering process that establishes 
 the
person is 21 years of age or older. 
 (a-6) No person under 21 years of age in the furtherance or 
facilitation of obtaining any tobacco product,
electronic 
cigarette, or alternative nicotine product shall display or 
use a false or forged identification card or transfer, alter, 
or deface an identification card.

 (a-7) (Blank).
 (a-8) A person shall not distribute without charge samples 
of any tobacco product, alternative nicotine product, or 
electronic cigarette to any other person, regardless of age, 
except for smokeless tobacco in an adult-only facility.
 This subsection (a-8) does not apply to the distribution 
of a tobacco product, electronic cigarette, or alternative 
nicotine product sample in any adult-only facility. 
 (a-9) For the purpose of this Section: 
  "Adult-only facility" means a facility or restricted 
 area (whether open-air or enclosed) where the operator 
 ensures or has a reasonable basis to believe (such as by 
 checking identification as required under State law, or by 
 checking the identification of any person appearing to be 
 under the age of 30) that no person under legal age is 
 present. A facility or restricted area need not be 
 permanently restricted to persons under 21 years of age to 
 constitute an adult-only facility, provided that the 
 operator ensures or has a reasonable basis to believe that 
 no person under 21 years of age is present during the event 
 or time period in question. 
  "Alternative nicotine product" means a product or 
 device not consisting of or containing tobacco that 
 provides for the ingestion into the body of nicotine, 
 whether by chewing, smoking, absorbing, dissolving, 
 inhaling, snorting, sniffing, or by any other means. 
 "Alternative nicotine product" does not include: 
 cigarettes as defined in Section 1 of the Cigarette Tax 
 Act and tobacco products as defined in Section 10-5 of the 
 Tobacco Products Tax Act of 1995; tobacco product and 
 electronic cigarette as defined in this Section; or any 
 product approved by the United States Food and Drug 
 Administration for sale as a tobacco cessation product, as 
 a tobacco dependence product, or for other medical 
 purposes, and is being marketed and sold solely for that 
 approved purpose.
  "Electronic cigarette" means:
   (1) any device that employs a battery or other

 mechanism to heat a solution or substance to produce a

 vapor or aerosol intended for inhalation;
   (2) any cartridge or container of a solution or

 substance intended to be used with or in the device or 
 to
refill the device; or
   (3) any solution or substance, whether or not it

 contains nicotine intended for use in the device.

  "Electronic cigarette" includes, but is not limited 
 to, any
electronic nicotine delivery system, electronic 
 cigar,
electronic cigarillo, electronic pipe, electronic 
 hookah,
vape pen, or similar product or device, any 
 components
or parts that can be used to build the product 
 or device, and any component, part, or accessory of a 
 device used during the operation of the device, even if 
 the part or accessory was sold separately.
"Electronic 
 cigarette" does not include: cigarettes as defined in

 Section 1 of the Cigarette Tax Act; tobacco product and 
 alternative nicotine product as defined in this Section; 
 any product approved by the United States Food and Drug 
 Administration for sale as a tobacco cessation product, as 
 a tobacco dependence product, or for other medical 
 purposes, and is being marketed and sold solely for that 
 approved purpose; any asthma
inhaler prescribed by a 
 physician for that condition and is being marketed and 
 sold solely for that approved purpose; any device that 
 meets the definition of cannabis paraphernalia under 
 Section 1-10 of the Cannabis Regulation and Tax Act; or 
 any cannabis product sold by a dispensing organization 
 pursuant to the Cannabis Regulation and Tax Act or the 
 Compassionate Use of Medical Cannabis
Program Act. 
  "Lunch wagon" means a mobile vehicle
designed and 
 constructed to transport food and from which food is sold 
 to the
general public.
  "Nicotine" means any form of the chemical nicotine, 
 including any salt or complex, regardless of whether the 
 chemical is naturally or synthetically derived. 

  "Tobacco product" means any product containing or made

 from tobacco that is intended for human consumption,

 whether smoked, heated, chewed, absorbed, dissolved,

 inhaled, snorted, sniffed, or ingested by any other means,

 including, but not limited to, cigarettes, cigars, little

 cigars, chewing tobacco, pipe tobacco, snuff, snus, and 
 any other smokeless tobacco product which contains tobacco 
 that is finely cut, ground, powdered, or leaf and intended 
 to be placed in the oral cavity.
"Tobacco product" 
 includes any component, part, or
accessory of a tobacco 
 product, whether or not sold
separately. "Tobacco product" 
 does not include: an alternative nicotine product as 
 defined in this Section; or any product
that has been 
 approved by the United States Food and Drug
Administration 
 for sale as a tobacco cessation product, as a tobacco 
 dependence product, or
for other medical purposes, and is 
 being marketed and sold solely for that approved purpose. 
 (b) Tobacco products, electronic cigarettes, and 
alternative nicotine products may be sold through a vending 
machine
only if such tobacco products, electronic cigarettes, 
and alternative nicotine products are not placed together with 
any non-tobacco product, other than matches, in the vending 
machine and the vending machine is in
any of the following 
locations:

  (1) (Blank).

  (2) Places to which persons under 21 years of age are 
 not permitted access at any time.

  (3) Places where alcoholic beverages are sold and 
 consumed on the
premises and vending machine operation is 
 under the direct supervision of the owner or manager.

  (4) (Blank).

  (5) (Blank).

 (c) (Blank).

 (d) The sale or distribution by any person of a tobacco 
product as defined in this Section, including, but not limited 
to, a single or loose cigarette, that is not contained within a 
sealed container, pack, or package as provided by the 
manufacturer, which container, pack, or package bears the 
health warning required by federal law, is prohibited.


 (e) It is not a violation of this Act for a person under 21 
years of age to purchase a tobacco product, electronic 
cigarette, or alternative nicotine product if the person under 
the age of 21 purchases or is given the tobacco product, 
electronic cigarette, or alternative nicotine product in any 
of its forms from a retail seller of tobacco products, 
electronic cigarettes, or alternative nicotine products or an 
employee of the retail seller pursuant to a plan or action to 
investigate, patrol, or otherwise conduct a "sting operation" 
or enforcement action against a retail seller of tobacco 
products, electronic cigarettes, or alternative nicotine 
products or a person employed by the retail seller of tobacco 
products, electronic cigarettes, or alternative nicotine 
products or on any premises authorized to sell tobacco 
products, electronic cigarettes, or alternative nicotine 
products to determine if tobacco products, electronic 
cigarettes, or alternative nicotine products are being sold or 
given to persons under 21 years of age if the "sting operation" 
or enforcement action is approved by, conducted by, or 
conducted on behalf of the Illinois State Police, the county 
sheriff, a municipal police department, the Department of 
Revenue, the Department of Public Health, or a local health 
department. The results of any sting operation or enforcement 
action, including the name of the clerk, shall be provided to 
the retail seller within 7 business days. 
 (f) No person shall honor or accept any discount, coupon, 
or other benefit or reduction in price that is inconsistent 
with 21 CFR 1140, subsequent United States Food and Drug 
Administration industry guidance, or any rules adopted under 
21 CFR 1140.
 (g) Any peace officer or duly authorized member of the 
Illinois State Police, a county sheriff's department, a 
municipal police department, the Department of Revenue, the 
Department of Public Health, a local health department, or the 
Department of Human Services, upon discovering a violation of 
subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this 
Section or a violation of the Preventing Youth Vaping Act, may 
seize any tobacco products, alternative nicotine products, or 
electronic cigarettes of the specific type involved in that 
violation that are located at that place of business. The 
tobacco products, alternative nicotine products, or electronic 
cigarettes so seized are subject to confiscation and 
forfeiture.
 (h) If, within 60 days after any seizure under subsection 
(g), a person having any property interest in the seized 
property is charged with an offense under this Section or a 
violation of the Preventing Youth Vaping Act, the court that 
renders judgment upon the charge shall, within 30 days after 
the judgment, conduct a forfeiture hearing to determine 
whether the seized tobacco products or electronic cigarettes 
were part of the inventory located at the place of business 
when a violation of subsection (a), (a-5), (a-5.1), (a-8), 
(b), or (d) of this Section or a violation of the Preventing 
Youth Vaping Act occurred and whether any seized tobacco 
products or electronic cigarettes were of a type involved in 
that violation. The hearing shall be commenced by a written 
petition by the State, which shall include material 
allegations of fact, the name and address of every person 
determined by the State to have any property interest in the 
seized property, a representation that written notice of the 
date, time, and place of the hearing has been mailed to every 
such person by certified mail at least 10 days before the date, 
and a request for forfeiture. Every such person may appear as a 
party and present evidence at the hearing. The quantum of 
proof required shall be a preponderance of the evidence, and 
the burden of proof shall be on the State. If the court 
determines that the seized property was subject to forfeiture, 
an order of forfeiture and disposition of the seized property 
shall be entered and the property shall be received by the 
prosecuting office, who shall effect its destruction.
 (i) If a seizure under subsection (g) is not followed by a 
charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or 
(d) of this Section or under the Preventing Youth Vaping Act, 
or if the prosecution of the charge is permanently terminated 
or indefinitely discontinued without any judgment of 
conviction or acquittal:
  (1) the prosecuting office may commence in the circuit 
 court an in rem proceeding for the forfeiture and 
 destruction of any seized tobacco products or electronic 
 cigarettes; and
  (2) any person having any property interest in the 
 seized tobacco products or electronic cigarettes may 
 commence separate civil proceedings in the manner provided 
 by law. 
 (j) After the Department of Revenue has seized any tobacco 
product, nicotine product, or electronic cigarette as provided 
in subsection (g) and a person having any property interest in 
the seized property has not been charged with an offense under 
this Section or a violation of the Preventing Youth Vaping 
Act, the Department of Revenue must hold a hearing and 
determine whether the seized tobacco products, alternative 
nicotine products, or electronic cigarettes were part of the 
inventory located at the place of business when a violation of 
subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this 
Section or a violation of the Preventing Youth Vaping Act 
occurred and whether any seized tobacco product, alternative 
nicotine product, or electronic cigarette was of a type 
involved in that violation. The Department of Revenue shall 
give not less than 20 days' notice of the time and place of the 
hearing to the owner of the property, if the owner is known, 
and also to the person in whose possession the property was 
found if that person is known and if the person in possession 
is not the owner of the property. If neither the owner nor the 
person in possession of the property is known, the Department 
of Revenue must cause publication of the time and place of the 
hearing to be made at least once each week for 3 weeks 
successively in a newspaper of general circulation in the 
county where the hearing is to be held. 
 If, as the result of the hearing, the Department of 
Revenue determines that the tobacco products, alternative 
nicotine products, or the electronic cigarettes were part of 
the inventory located at the place of business when a 
violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or 
(d) of this Section or a violation of the Preventing Youth 
Vaping Act at the time of seizure, the Department of Revenue 
must enter an order declaring the tobacco product, alternative 
nicotine product, or electronic cigarette confiscated and 
forfeited to the State, to be held by the Department of Revenue 
for disposal by it as provided in Section 10-58 of the Tobacco 
Products Tax Act of 1995. The Department of Revenue must give 
notice of the order to the owner of the property, if the owner 
is known, and also to the person in whose possession the 
property was found if that person is known and if the person in 
possession is not the owner of the property. If neither the 
owner nor the person in possession of the property is known, 
the Department of Revenue must cause publication of the order 
to be made at least once each week for 3 weeks successively in 
a newspaper of general circulation in the county where the 
hearing was held. 
(Source: P.A. 101-2, eff. 7-1-19; 102-538, eff. 8-20-21; 
102-575, eff. 1-1-22; revised 10-20-21.)


 Section 625. The Code of Criminal Procedure of 1963 is 
amended by changing Sections 106D-1, 107-4, 109-1, 110-1, 
110-3, 110-5, 112A-14, 112A-20, and 112A-23 and by renumbering 
Section 123 as follows:



 (725 ILCS 5/106D-1)


 (Text of Section before amendment by P.A. 101-652)
 Sec. 106D-1. Defendant's appearance by closed circuit 
television and video conference. 

 (a) Whenever the appearance in person in court, in either 
a civil or criminal proceeding, is required of anyone held in a 
place of custody or confinement operated by the State or any of 
its political subdivisions, including counties and 
municipalities, the chief judge of the circuit by rule may 
permit the personal appearance to be made by means of two-way 
audio-visual communication, including closed circuit 
television and computerized video conference, in the following 
proceedings:
  (1) the initial appearance before a judge on a 
 criminal complaint, at which bail will be set;
  (2) the waiver of a preliminary hearing;
  (3) the arraignment on an information or indictment at 
 which a plea of not guilty will be entered;
  (4) the presentation of a jury waiver;
  (5) any status hearing;
  (6) any hearing conducted under the Sexually Violent 
 Persons Commitment Act at which no witness testimony will 
 be taken; and
  (7) at any hearing at which no witness testimony will 
 be taken conducted under the following:
   (A) Section 104-20 of this Code (90-day hearings);
   (B) Section 104-22 of this Code (trial with 
 special provisions and assistance);
   (C) Section 104-25 of this Code (discharge 
 hearing); or
   (D) Section 5-2-4 of the Unified Code of 
 Corrections (proceedings after acquittal by reason of 
 insanity).

 (b) The two-way audio-visual communication facilities must 
provide two-way audio-visual communication between the court 
and the place of custody or confinement, and must include a 
secure line over which the person in custody and his or her 
counsel, if any, may communicate.
 (c) Nothing in this Section shall be construed to prohibit 
other court appearances through the use of two-way 
audio-visual communication, upon waiver of any right the 
person in custody or confinement may have to be present 
physically.
 (d) Nothing in this Section shall be construed to 
establish a right of any person held in custody or confinement 
to appear in court through two-way audio-visual communication 
or to require that any governmental entity, or place of 
custody or confinement, provide two-way audio-visual 
communication.


(Source: P.A. 102-486, eff. 8-20-21.)

 (Text of Section after amendment by P.A. 101-652)

 Sec. 106D-1. Defendant's appearance by closed circuit 
television and video conference. 

 (a) Whenever the appearance in person in court, in either 
a civil or criminal proceeding, is required of anyone held in a 
place of custody or confinement operated by the State or any of 
its political subdivisions, including counties and 
municipalities, the chief judge of the circuit by rule may 
permit the personal appearance to be made by means of two-way 
audio-visual communication, including closed circuit 
television and computerized video conference, in the following 
proceedings:
  (1) the initial appearance before a judge on a 
 criminal complaint, at which the conditions of pretrial 
 release will be set;
  (2) the waiver of a preliminary hearing;
  (3) the arraignment on an information or indictment at 
 which a plea of not guilty will be entered;
  (4) the presentation of a jury waiver;
  (5) any status hearing;
  (6) any hearing conducted under the Sexually Violent 
 Persons Commitment Act at which no witness testimony will 
 be taken; and
  (7) at any hearing at which no witness testimony will 
 be taken conducted under the following:
   (A) Section 104-20 of this Code (90-day hearings);
   (B) Section 104-22 of this Code (trial with 
 special provisions and assistance);
   (C) Section 104-25 of this Code (discharge 
 hearing); or
   (D) Section 5-2-4 of the Unified Code of 
 Corrections (proceedings after acquittal by reason of 
 insanity).

 (b) The two-way audio-visual communication facilities must 
provide two-way audio-visual communication between the court 
and the place of custody or confinement, and must include a 
secure line over which the person in custody and his or her 
counsel, if any, may communicate.
 (c) Nothing in this Section shall be construed to prohibit 
other court appearances through the use of two-way 
audio-visual communication, upon waiver of any right the 
person in custody or confinement may have to be present 
physically.
 (d) Nothing in this Section shall be construed to 
establish a right of any person held in custody or confinement 
to appear in court through two-way audio-visual communication 
or to require that any governmental entity, or place of 
custody or confinement, provide two-way audio-visual 
communication.


(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21; 
revised 10-12-21.)



 
 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)


 (Text of Section before amendment by P.A. 101-652)
 Sec. 107-4. Arrest by peace officer from other 
jurisdiction. 

 (a) As used in this Section:

  (1) "State" means any State of the United States and 
 the District of
Columbia.

  (2) "Peace Officer" means any peace officer or member 
 of any duly
organized State, County, or Municipal peace 
 unit, any police force of another
State, the United States 
 Department of Defense, or any police force whose members, 
 by statute, are granted and authorized to exercise powers 
 similar to those conferred upon any peace officer employed 
 by a law enforcement agency of this State.

  (3) "Fresh pursuit" means the immediate pursuit of a 
 person who is
endeavoring to avoid arrest.

  (4) "Law enforcement agency" means a municipal police 
 department or
county
sheriff's office of this State.

 (a-3) Any peace officer employed by a law enforcement 
agency of this State
may conduct temporary questioning 
pursuant to Section 107-14 of this Code and
may make arrests in 
any jurisdiction within this State: (1) if the officer is

engaged in the investigation of criminal activity that 
occurred in the officer's
primary jurisdiction and the 
temporary questioning or arrest relates to, arises from, or is 
conducted pursuant to that investigation; or (2) if the 
officer, while on duty as a
peace officer, becomes personally 
aware of the immediate commission of a felony
or misdemeanor 
violation of the laws of this State; or (3) if
the officer, 
while on duty as a peace officer, is requested by an

appropriate State or local law enforcement official to render 
aid or
assistance to the requesting law enforcement agency 
that is outside the
officer's primary jurisdiction; or (4) in 
accordance with Section 2605-580 of the Illinois State Police 
Law of the
Civil Administrative Code of Illinois. While acting 
pursuant to this subsection, an
officer has the same authority 
as within his or her
own jurisdiction.

 (a-7) The law enforcement agency of the county or 
municipality in which any
arrest is made under this Section 
shall be immediately notified of the
arrest.

 (b) Any peace officer of another State who enters this 
State in
fresh
pursuit and continues within this State in 
fresh pursuit of a person in
order to arrest him on the ground 
that he has committed an offense in the
other State has the 
same authority to arrest and hold the person in custody
as 
peace officers of this State have to arrest and hold a person 
in custody
on the ground that he has committed an offense in 
this State.

 (c) If an arrest is made in this State by a peace officer 
of
another
State in accordance with the provisions of this 
Section he shall without
unnecessary delay take the person 
arrested before the circuit court of the
county in which the 
arrest was made. Such court shall conduct a hearing for
the 
purpose of determining the lawfulness of the arrest. If the 
court
determines that the arrest was lawful it shall commit 
the person arrested,
to await for a reasonable time the 
issuance of an extradition warrant by
the Governor of this 
State, or admit him to bail for such purpose. If the
court 
determines that the arrest was unlawful it shall discharge the 
person
arrested.

(Source: P.A. 102-538, eff. 8-20-21.)

 (Text of Section after amendment by P.A. 101-652)
 Sec. 107-4. Arrest by peace officer from other 
jurisdiction. 

 (a) As used in this Section:

  (1) "State" means any State of the United States and 
 the District of
Columbia.

  (2) "Peace Officer" means any peace officer or member 
 of any duly
organized State, County, or Municipal peace 
 unit, any police force of another
State, the United States 
 Department of Defense, or any police force whose members, 
 by statute, are granted and authorized to exercise powers 
 similar to those conferred upon any peace officer employed 
 by a law enforcement agency of this State.

  (3) "Fresh pursuit" means the immediate pursuit of a 
 person who is
endeavoring to avoid arrest.

  (4) "Law enforcement agency" means a municipal police 
 department or
county
sheriff's office of this State.

 (a-3) Any peace officer employed by a law enforcement 
agency of this State
may conduct temporary questioning 
pursuant to Section 107-14 of this Code and
may make arrests in 
any jurisdiction within this State: (1) if the officer is

engaged in the investigation of criminal activity that 
occurred in the officer's
primary jurisdiction and the 
temporary questioning or arrest relates to, arises from, or is 
conducted pursuant to that investigation; or (2) if the 
officer, while on duty as a
peace officer, becomes personally 
aware of the immediate commission of a felony
or misdemeanor 
violation of the laws of this State; or (3) if
the officer, 
while on duty as a peace officer, is requested by an

appropriate State or local law enforcement official to render 
aid or
assistance to the requesting law enforcement agency 
that is outside the
officer's primary jurisdiction; or (4) in 
accordance with Section 2605-580 of the Illinois State Police 
Law of the
Civil Administrative Code of Illinois. While acting 
pursuant to this subsection, an
officer has the same authority 
as within his or her
own jurisdiction.

 (a-7) The law enforcement agency of the county or 
municipality in which any
arrest is made under this Section 
shall be immediately notified of the
arrest.

 (b) Any peace officer of another State who enters this 
State in
fresh
pursuit and continues within this State in 
fresh pursuit of a person in
order to arrest him on the ground 
that he has committed an offense in the
other State has the 
same authority to arrest and hold the person in custody
as 
peace officers of this State have to arrest and hold a person 
in custody
on the ground that he has committed an offense in 
this State.

 (c) If an arrest is made in this State by a peace officer 
of
another
State in accordance with the provisions of this 
Section he shall without
unnecessary delay take the person 
arrested before the circuit court of the
county in which the 
arrest was made. Such court shall conduct a hearing for
the 
purpose of determining the lawfulness of the arrest. If the 
court
determines that the arrest was lawful it shall commit 
the person arrested,
to await for a reasonable time the 
issuance of an extradition warrant by
the Governor of this 
State, or admit him to pretrial release for such purpose. If 
the
court determines that the arrest was unlawful it shall 
discharge the person
arrested.

(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 
revised 10-20-21.)




 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)


 (Text of Section before amendment by P.A. 101-652)

 Sec. 109-1. Person arrested. 

 (a) A person arrested with or without a warrant shall be 
taken without
unnecessary delay before the nearest and most 
accessible judge
in that county, except when such county is a 
participant in a
regional jail authority, in which event such 
person may be taken to the
nearest and most accessible judge, 
irrespective of the county where such
judge presides,
and a 
charge shall be filed.
Whenever a person arrested either with 
or without a warrant is required
to be taken
before a judge, a 
charge
may be filed against such person by way of a two-way 
closed circuit
television system, except that a hearing to 
deny bail to the defendant may
not be conducted by way of 
closed circuit television.

 (a-5) A person charged with an offense shall be allowed 
counsel at the hearing at which bail is determined under 
Article 110 of this Code. If the defendant desires counsel for 
his or her initial appearance but is unable to obtain counsel, 
the court shall appoint a public defender or licensed attorney 
at law of this State to represent him or her for purposes of 
that hearing.
 (b) The judge shall:

  (1) Inform the defendant of the charge against him and 
 shall provide him
with a copy of the charge;

  (2) Advise the defendant of his right to counsel and 
 if indigent shall
appoint a public defender or licensed 
 attorney at law of this State to
represent him in 
 accordance with the provisions of Section 113-3 of this

 Code;

  (3) Schedule a preliminary hearing in appropriate 
 cases;


  (4) Admit the defendant to bail in accordance with the 
 provisions of
Article 110 of this Code; and

  (5) Order the confiscation of the person's passport or 
 impose travel restrictions on a defendant arrested for 
 first degree murder or other violent crime as defined in 
 Section 3 of the Rights of Crime Victims and Witnesses 
 Act, if the judge determines, based on the factors in 
 Section 110-5 of this Code, that this will reasonably 
 ensure the appearance of the defendant and compliance by 
 the defendant with all conditions of release. 
 (c) The court may issue an order of protection in 
accordance with
the provisions of Article 112A of this Code.

 (d) At the initial appearance of a defendant in any 
criminal proceeding, the court must advise the defendant in 
open court that any foreign national who is arrested or 
detained has the right to have notice of the arrest or 
detention given to his or her country's consular 
representatives and the right to communicate with those 
consular representatives if the notice has not already been 
provided. The court must make a written record of so advising 
the defendant.
 (e) If consular notification is not provided to a 
defendant before his or her first appearance in court, the 
court shall grant any reasonable request for a continuance of 
the proceedings to allow contact with the defendant's 
consulate. Any delay caused by the granting of the request by a 
defendant shall temporarily suspend for the time of the delay 
the period within which a person shall be tried as prescribed 
by subsections (a), (b), or (e) of Section 103-5 of this Code 
and on the day of the expiration of delay the period shall 
continue at the point at which it was suspended. 
(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, 
eff. 1-1-18.)


 (Text of Section after amendment by P.A. 101-652)

 Sec. 109-1. Person arrested; release from law enforcement 
custody and court appearance; geographical constraints prevent 
in-person appearances. 

 (a) A person arrested with or without a warrant for an 
offense for which pretrial release may be denied under 
paragraphs (1) through (6) of Section 110-6.1 shall be taken 
without
unnecessary delay before the nearest and most 
accessible judge
in that county, except when such county is a 
participant in a
regional jail authority, in which event such 
person may be taken to the
nearest and most accessible judge, 
irrespective of the county where such
judge presides,
and a 
charge shall be filed.
Whenever a person arrested either with 
or without a warrant is required
to be taken
before a judge, a 
charge
may be filed against such person by way of a two-way 
closed circuit
television system, except that a hearing to 
deny pretrial release to the defendant may
not be conducted by 
way of closed circuit television.

 (a-1) Law enforcement shall issue a citation in lieu of 
custodial arrest, upon proper identification, for those 
accused of traffic and Class B and C criminal misdemeanor 
offenses, or of petty and business offenses, who pose no 
obvious threat to the community or any person, or who have no 
obvious medical or mental health issues that pose a risk to 
their own safety. Those released on citation shall be 
scheduled into court within 21 days. 
 (a-3) A person arrested with or without a warrant for an 
offense for which pretrial release may not be denied may, 
except as otherwise provided in this Code, be released by the 
officer without appearing before a judge. The releasing 
officer shall issue the person a summons to appear within 21 
days. A presumption in favor of pretrial release shall be by 
applied by an arresting officer in the exercise of his or her 
discretion under this Section. 
 (a-5) A person charged with an offense shall be allowed 
counsel at the hearing at which pretrial release is determined 
under Article 110 of this Code. If the defendant desires 
counsel for his or her initial appearance but is unable to 
obtain counsel, the court shall appoint a public defender or 
licensed attorney at law of this State to represent him or her 
for purposes of that hearing.
 (b) Upon initial appearance of a person before the court, 
the judge shall:

  (1) inform the defendant of the charge against him and 
 shall provide him
with a copy of the charge;

  (2) advise the defendant of his right to counsel and 
 if indigent shall
appoint a public defender or licensed 
 attorney at law of this State to
represent him in 
 accordance with the provisions of Section 113-3 of this

 Code;

  (3) schedule a preliminary hearing in appropriate 
 cases;


  (4) admit the defendant to pretrial release in 
 accordance with the provisions of
Article 110 110/5 of 
 this Code, or upon verified petition of the State, proceed 
 with the setting of a detention hearing as provided in 
 Section 110-6.1; and

  (5) order Order the confiscation of the person's 
 passport or impose travel restrictions on a defendant 
 arrested for first degree murder or other violent crime as 
 defined in Section 3 of the Rights of Crime Victims and 
 Witnesses Act, if the judge determines, based on the 
 factors in Section 110-5 of this Code, that this will 
 reasonably ensure the appearance of the defendant and 
 compliance by the defendant with all conditions of 
 release. 
 (c) The court may issue an order of protection in 
accordance with
the provisions of Article 112A of this Code. 
Crime victims shall be given notice by the State's Attorney's 
office of this hearing as required in paragraph (2) of 
subsection (b) of Section 4.5 of the Rights of Crime Victims 
and Witnesses Act and shall be informed of their opportunity 
at this hearing to obtain an order of protection under Article 
112A of this Code. 

 (d) At the initial appearance of a defendant in any 
criminal proceeding, the court must advise the defendant in 
open court that any foreign national who is arrested or 
detained has the right to have notice of the arrest or 
detention given to his or her country's consular 
representatives and the right to communicate with those 
consular representatives if the notice has not already been 
provided. The court must make a written record of so advising 
the defendant.
 (e) If consular notification is not provided to a 
defendant before his or her first appearance in court, the 
court shall grant any reasonable request for a continuance of 
the proceedings to allow contact with the defendant's 
consulate. Any delay caused by the granting of the request by a 
defendant shall temporarily suspend for the time of the delay 
the period within which a person shall be tried as prescribed 
by subsection subsections (a), (b), or (e) of Section 103-5 of 
this Code and on the day of the expiration of delay the period 
shall continue at the point at which it was suspended. 
 (f) At the hearing at which conditions of pretrial release 
are determined, the person charged shall be present in person 
rather than by video phone or any other form of electronic 
communication, unless the physical health and safety of the 
person would be endangered by appearing in court or the 
accused waives the right to be present in person.
 (g) Defense counsel shall be given adequate opportunity to 
confer with the defendant Defendant prior to any hearing in 
which conditions of release or the detention of the defendant 
Defendant is to be considered, with a physical accommodation 
made to facilitate attorney/client consultation. 
(Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23; 
revised 11-24-21.)




 (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)



 (Text of Section before amendment by P.A. 101-652)

 Sec. 110-1. Definitions. 
 (a) "Security" is that which is required to be
pledged to 
insure the payment of bail.

 (b) "Sureties" encompasses the monetary and nonmonetary 
requirements
set by the court as conditions for release either 
before or after
conviction. "Surety" is one who executes a 
bail bond and binds himself to pay
the bail if the person in 
custody fails to comply with all conditions of
the bail bond.

 (c) The phrase "for which a sentence of imprisonment, 
without
conditional and revocable release, shall be imposed by 
law as a consequence
of conviction" means an offense for which 
a sentence of imprisonment,
without probation, periodic 
imprisonment or conditional discharge, is
required by law upon 
conviction.

 (d) "Real and present threat to the physical safety of any 
person or
persons", as used in this Article, includes a threat 
to the community,
person, persons or class of persons.

(Source: P.A. 85-892.)


 (Text of Section after amendment by P.A. 101-652)

 Sec. 110-1. Definitions. As used in this Article: 
 (a) (Blank).

 (b) "Sureties" encompasses the monetary and nonmonetary 
requirements
set by the court as conditions for release either 
before or after
conviction.

 (c) The phrase "for which a sentence of imprisonment, 
without
conditional and revocable release, shall be imposed by 
law as a consequence
of conviction" means an offense for which 
a sentence of imprisonment,
without probation, periodic 
imprisonment or conditional discharge, is
required by law upon 
conviction.

 (d) (Blank).)
 (e) "Willful flight" means planning or attempting to 
intentionally evade prosecution by concealing oneself. Simple 
past non-appearance in court alone is not evidence of future 
intent to evade prosecution. 

(Source: P.A. 101-652, eff. 1-1-23; revised 11-24-21.)




 (725 ILCS 5/110-3) (from Ch. 38, par. 110-3)



 (Text of Section before amendment by P.A. 101-652)

 Sec. 110-3. Issuance of warrant. Upon failure to comply 
with any condition of a bail bond or recognizance,
the court 
having jurisdiction at the time of such failure may, in 
addition
to any other action provided by law, issue a warrant 
for the arrest of the
person at liberty on bail or his own 
recognizance.
The contents of such a warrant shall be the same 
as required for an arrest
warrant issued upon complaint. When 
a defendant is at liberty on bail or
his own recognizance on a

felony charge and fails to appear in court as directed, the 
court shall
issue a warrant for the arrest of such person. Such 
warrant shall be noted
with a directive to peace officers to 
arrest the person and hold such
person without bail and to 
deliver such person before the court for further
proceedings. 
A defendant who is arrested or surrenders within 30 days of
the 
issuance of such warrant shall not be bailable in the case in 
question
unless he shows by the preponderance of the evidence 
that his failure to
appear was not intentional.

(Source: P.A. 86-298; 86-984; 86-1028; revised 12-13-21.)


 (Text of Section after amendment by P.A. 101-652)

 Sec. 110-3. Options for warrant alternatives. 
 (a) Upon failure to comply with any condition of pretrial 
release or recognizance,
the court having jurisdiction at the 
time of such failure may, on its own motion or upon motion from 
the State, issue an order to show cause as to why he or she 
shall not be subject to revocation of pretrial release, or for 
sanctions, as provided in Section 110-6. Nothing in this 
Section prohibits the court from issuing a warrant under 
subsection (c) upon failure to comply with any condition of 
pretrial release or recognizance.
 (b) The order issued by the court shall state the facts 
alleged to constitute the hearing to show cause or otherwise 
why the person is subject to revocation of pretrial release. A 
certified copy of the order shall be served upon the person at 
least 48 hours in advance of the scheduled hearing.
 (c) If the person does not appear at the hearing to show 
cause or absconds, the court may, in addition
to any other 
action provided by law, issue a warrant for the arrest of the

person at liberty on pretrial release.
The contents of such a 
warrant shall be the same as required for an arrest
warrant 
issued upon complaint and may modify any previously imposed 
conditions placed upon the person, rather than revoking 
pretrial release or issuing a warrant for the person in 
accordance with the requirements in subsections (d) and (e) of 
Section 110-5. When a defendant is at liberty on pretrial 
release or
his own recognizance on a
felony charge and fails to 
appear in court as directed, the court may
issue a warrant for 
the arrest of such person after his or her failure to appear at 
the show for cause hearing as provided in this Section. Such 
warrant shall be noted
with a directive to peace officers to 
arrest the person and hold such
person without pretrial 
release and to deliver such person before the court for 
further
proceedings.
 (d) If the order as described in subsection (b) Subsection 
B is issued, a failure to appear shall not be recorded until 
the defendant Defendant fails to appear at the hearing to show 
cause. For the purpose of any risk assessment or future 
evaluation of risk of willful flight or risk of failure to 
appear, a non-appearance in court cured by an appearance at 
the hearing to show cause shall not be considered as evidence 
of future likelihood of appearance in court.

(Source: P.A. 101-652, eff. 1-1-23; revised 12-13-21.)




 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)

 (Text of Section before amendment by P.A. 101-652)

 Sec. 110-5. Determining the amount of bail and conditions 
of release. 

 (a) In determining the amount of monetary bail or 
conditions of release, if
any,
which will reasonably assure 
the appearance of a defendant as required or
the safety of any 
other person or the community and the likelihood of
compliance 
by the
defendant with all the conditions of bail, the court 
shall, on the
basis of available information, take into 
account such matters as the
nature and circumstances of the 
offense charged, whether the evidence
shows that as part of 
the offense there was a use of violence or threatened
use of 
violence, whether the offense involved corruption of public

officials or employees, whether there was physical harm or 
threats of physical
harm to any
public official, public 
employee, judge, prosecutor, juror or witness,
senior citizen, 
child, or person with a disability, whether evidence shows 
that
during the offense or during the arrest the defendant 
possessed or used a
firearm, machine gun, explosive or metal 
piercing ammunition or explosive
bomb device or any military 
or paramilitary armament,
whether the evidence
shows that the 
offense committed was related to or in furtherance of the

criminal activities of an organized gang or was motivated by 
the defendant's
membership in or allegiance to an organized 
gang,
the condition of the
victim, any written statement 
submitted by the victim or proffer or
representation by the 
State regarding the
impact which the alleged criminal conduct 
has had on the victim and the
victim's concern, if any, with 
further contact with the defendant if
released on bail, 
whether the offense was based on racial, religious,
sexual 
orientation or ethnic hatred,
the likelihood of the filing of 
a greater charge, the likelihood of
conviction, the sentence 
applicable upon conviction, the weight of the evidence
against 
such defendant, whether there exists motivation or ability to

flee, whether there is any verification as to prior residence, 
education,
or family ties in the local jurisdiction, in 
another county,
state or foreign country, the defendant's 
employment, financial resources,
character and mental 
condition, past conduct, prior use of alias names or
dates of 
birth, and length of residence in the community,
the consent 
of the defendant to periodic drug testing in accordance with

Section 110-6.5,
whether a foreign national defendant is 
lawfully admitted in the United
States of America, whether the 
government of the foreign national
maintains an extradition 
treaty with the United States by which the foreign
government 
will extradite to the United States its national for a trial 
for
a crime allegedly committed in the United States, whether 
the defendant is
currently subject to deportation or exclusion 
under the immigration laws of
the United States, whether the 
defendant, although a United States citizen,
is considered 
under the law of any foreign state a national of that state
for 
the purposes of extradition or non-extradition to the United 
States,
the amount of unrecovered proceeds lost as a result of

the alleged offense, the
source of bail funds tendered or 
sought to be tendered for bail,
whether from the totality of 
the court's consideration,
the loss of funds posted or sought 
to be posted for bail will not deter the
defendant from flight, 
whether the evidence shows that the defendant is
engaged in 
significant
possession, manufacture, or delivery of a 
controlled substance or cannabis,
either individually or in 
consort with others,
whether at the time of the offense

charged he or she was on bond or pre-trial release pending 
trial, probation,
periodic imprisonment or conditional 
discharge pursuant to this Code or the
comparable Code of any 
other state or federal jurisdiction, whether the
defendant is 
on bond or
pre-trial release pending the imposition or 
execution of sentence or appeal of
sentence for any offense 
under the laws of Illinois or any other state or
federal 
jurisdiction, whether the defendant is under parole, aftercare 
release, mandatory
supervised release, or
work release from 
the Illinois Department of Corrections or Illinois Department 
of Juvenile Justice or any penal
institution or corrections 
department of any state or federal
jurisdiction, the 
defendant's record of convictions, whether the defendant has 
been
convicted of a misdemeanor or ordinance offense in 
Illinois or similar
offense in other state or federal 
jurisdiction within the 10 years
preceding the current charge 
or convicted of a felony in Illinois, whether
the defendant 
was convicted of an offense in another state or federal

jurisdiction that would
be a felony if committed in Illinois 
within the 20 years preceding the
current charge or has been 
convicted of such felony and released from the
penitentiary 
within 20 years preceding the current charge if a
penitentiary 
sentence was imposed in Illinois or other state or federal

jurisdiction, the defendant's records of juvenile adjudication 
of delinquency in any
jurisdiction, any record of appearance 
or failure to appear by
the defendant at
court proceedings, 
whether there was flight to avoid arrest or
prosecution, 
whether the defendant escaped or
attempted to escape to avoid 
arrest, whether the defendant refused to
identify himself or 
herself, or whether there was a refusal by the defendant to be

fingerprinted as required by law. Information used by the 
court in its
findings or stated in or
offered in connection 
with this Section may be by way of proffer based upon
reliable 
information offered by the State or defendant.
All evidence 
shall be admissible if it is relevant and
reliable regardless 
of whether it would be admissible under the rules of
evidence 
applicable at criminal trials.
If the State presents evidence 
that the offense committed by the defendant
was related to or 
in furtherance of the criminal activities of an organized
gang 
or was motivated by the defendant's membership in or 
allegiance to an
organized gang, and if the court determines 
that the evidence may be
substantiated, the court shall 
prohibit the defendant from associating with
other members of 
the organized gang as a condition of bail or release.
For the 
purposes of this Section,
"organized gang" has the meaning 
ascribed to it in Section 10 of the Illinois
Streetgang 
Terrorism Omnibus Prevention Act.

 (a-5) There shall be a presumption that any conditions of 
release imposed shall be non-monetary in nature and the court 
shall impose the least restrictive conditions or combination 
of conditions necessary to reasonably assure the appearance of 
the defendant for further court proceedings and protect the 
integrity of
the judicial proceedings from a specific threat 
to a witness or
participant. Conditions of release may 
include, but not be limited to, electronic home monitoring, 
curfews, drug counseling, stay-away orders, and in-person 
reporting. The court shall consider the defendant's 
socio-economic circumstance when setting conditions of release 
or imposing monetary bail. 
 (b) The amount of bail shall be:

  (1) Sufficient to assure compliance with the 
 conditions set forth in the
bail bond, which shall include 
 the defendant's current address with a written

 admonishment to the defendant that he or she must comply 
 with the provisions of
Section 110-12 regarding any change 
 in his or her address. The defendant's
address shall at 
 all times remain a matter of public record with the clerk

 of the court.

  (2) Not oppressive.

  (3) Considerate of the financial ability of the 
 accused.

  (4) When a person is charged with a drug related 
 offense involving
possession or delivery of cannabis or 
 possession or delivery of a
controlled substance as 
 defined in the Cannabis Control Act,
the Illinois 
 Controlled Substances Act, or the Methamphetamine Control 
 and Community Protection Act, the full street value
of the 
 drugs seized shall be considered. "Street value" shall be

 determined by the court on the basis of a proffer by the 
 State based upon
reliable information of a law enforcement 
 official contained in a written
report as to the amount 
 seized and such proffer may be used by the court as
to the 
 current street value of the smallest unit of the drug 
 seized.

 (b-5) Upon the filing of a written request demonstrating 
reasonable cause, the State's Attorney may request a source of 
bail hearing either before or after the posting of any funds.

If the hearing is granted, before the posting of any bail, the 
accused must file a written notice requesting that the court 
conduct a source of bail hearing. The notice must be 
accompanied by justifying affidavits stating the legitimate 
and lawful source of funds for bail. At the hearing, the court 
shall inquire into any matters stated in any justifying 
affidavits, and may also inquire into matters appropriate to 
the determination which shall include, but are not limited to, 
the following:
  (1) the background, character, reputation, and 
 relationship to the accused of any surety; and
  (2) the source of any money or property deposited by 
 any surety, and whether any such money or property 
 constitutes the fruits of criminal or unlawful conduct; 
 and
  (3) the source of any money posted as cash bail, and 
 whether any such money constitutes the fruits of criminal 
 or unlawful conduct; and
  (4) the background, character, reputation, and 
 relationship to the accused of the person posting cash 
 bail.
 Upon setting the hearing, the court shall examine, under 
oath, any persons who may possess material information.
 The State's Attorney has a right to attend the hearing, to 
call witnesses and to examine any witness in the proceeding. 
The court shall, upon request of the State's Attorney, 
continue the proceedings for a reasonable period to allow the 
State's Attorney to investigate the matter raised in any 
testimony or affidavit.
If the hearing is granted after the 
accused has posted bail, the court shall conduct a hearing 
consistent with this subsection (b-5). At the conclusion of 
the hearing, the court must issue an order either approving or 
disapproving the bail.

 (c) When a person is charged with an offense punishable by 
fine only the
amount of the bail shall not exceed double the 
amount of the maximum penalty.

 (d) When a person has been convicted of an offense and only 
a fine has
been imposed the amount of the bail shall not exceed 
double the amount of
the fine.

 (e) The State may appeal any order granting bail or 
setting
a given amount for bail.
 (f) When a person is charged with a violation of an order 
of protection under Section 12-3.4 or 12-30 of the Criminal 
Code of 1961 or the Criminal Code of 2012 or when a person is 
charged with domestic battery, aggravated domestic battery, 
kidnapping, aggravated kidnaping, unlawful restraint, 
aggravated unlawful restraint, stalking, aggravated stalking, 
cyberstalking, harassment by telephone, harassment through 
electronic communications, or an attempt to commit first 
degree murder committed against an intimate partner regardless 
whether an order of protection has been issued against the 
person, 
  (1) whether the alleged incident involved harassment 
 or abuse, as defined in the Illinois Domestic Violence Act 
 of 1986;
  (2) whether the person has a history of domestic 
 violence, as defined in the Illinois Domestic Violence 
 Act, or a history of other criminal acts;
  (3) based on the mental health of the person;
  (4) whether the person has a history of violating the 
 orders of any court or governmental entity;
  (5) whether the person has been, or is, potentially a 
 threat to any other person;
  (6) whether the person has access to deadly weapons or 
 a history of using deadly weapons;
  (7) whether the person has a history of abusing 
 alcohol or any controlled substance;
  (8) based on the severity of the alleged incident that 
 is the basis of the alleged offense, including, but not 
 limited to, the duration of the current incident, and 
 whether the alleged incident involved the use of a weapon, 
 physical injury, sexual assault, strangulation, abuse 
 during the alleged victim's pregnancy, abuse of pets, or 
 forcible entry to gain access to the alleged victim;
  (9) whether a separation of the person from the 
 alleged victim or a termination of the relationship 
 between the person and the alleged victim has recently 
 occurred or is pending;
  (10) whether the person has exhibited obsessive or 
 controlling behaviors toward the alleged victim, 
 including, but not limited to, stalking, surveillance, or 
 isolation of the alleged victim or victim's family member 
 or members; 
  (11) whether the person has expressed suicidal or 
 homicidal ideations;
  (12) based on any information contained in the 
 complaint and any police reports, affidavits, or other 
 documents accompanying the complaint, 
the court may, in its discretion, order the respondent to 
undergo a risk assessment evaluation using a recognized, 
evidence-based instrument conducted by an Illinois Department 
of Human Services approved partner abuse intervention program 
provider, pretrial service, probation, or parole agency. These 
agencies shall have access to summaries of the defendant's 
criminal history, which shall not include victim interviews or 
information, for the risk evaluation. Based on the information 
collected from the 12 points to be considered at a bail hearing 
under this subsection (f), the results of any risk evaluation 
conducted and the other circumstances of the violation, the 
court may order that the person, as a condition of bail, be 
placed under electronic surveillance as provided in Section 
5-8A-7 of the Unified Code of Corrections. Upon making a 
determination whether or not to order the respondent to 
undergo a risk assessment evaluation or to be placed under 
electronic surveillance and risk assessment, the court shall 
document in the record the court's reasons for making those 
determinations. The cost of the electronic surveillance and 
risk assessment shall be paid by, or on behalf, of the 
defendant. As used in this subsection (f), "intimate partner" 
means a spouse or a current or former partner in a cohabitation 
or dating relationship. 

(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18; 
102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)

 (Text of Section after amendment by P.A. 101-652)
 Sec. 110-5. Determining the amount of bail and conditions 
of release. 

 (a) In determining which or conditions of pretrial 
release, if
any,
which will reasonably assure the appearance 
of a defendant as required or
the safety of any other person or 
the community and the likelihood of
compliance by the

defendant with all the conditions of pretrial release, the 
court shall, on the
basis of available information, take into 
account such matters as:
  (1) the
nature and circumstances of the offense 
 charged;
  (2) the weight of the evidence against the eligible 
 defendant, except that the court may consider the 
 admissibility of any evidence sought to be excluded;
  (3) the history and characteristics of the eligible 
 defendant, including:
   (A) the eligible defendant's character, physical 
 and mental condition, family ties, employment, 
 financial resources, length of residence in the 
 community, community ties, past relating to drug or 
 alcohol abuse, conduct, history criminal history, and 
 record concerning appearance at court proceedings; and
   (B) whether, at the time of the current offense or 
 arrest, the eligible defendant was on probation, 
 parole, or on other release pending trial, sentencing, 
 appeal, or completion of sentence for an offense under 
 federal law, or the law of this or any other state;
  (4) the nature and seriousness of the specific, real 
 and present threat to any person that would be posed by the 
 eligible defendant's release, if applicable, ; as required 
 under paragraph (7.5) of Section 4 of the Rights of Crime 
 Victims and Witnesses Act; and
  (5) the nature and seriousness of the risk of 
 obstructing or attempting to obstruct the criminal justice 
 process that would be posed by the eligible defendant's 
 release, if applicable.
 (b) The court shall impose any conditions that are 
mandatory under Section 110-10. The court may impose any 
conditions that are permissible under Section 110-10.

 (b-5) When a person is charged with a violation of an order 
of protection under Section 12-3.4 or 12-30 of the Criminal 
Code of 1961 or the Criminal Code of 2012 or when a person is 
charged with domestic battery, aggravated domestic battery, 
kidnapping, aggravated kidnaping, unlawful restraint, 
aggravated unlawful restraint, stalking, aggravated stalking, 
cyberstalking, harassment by telephone, harassment through 
electronic communications, or an attempt to commit first 
degree murder committed against an intimate partner regardless 
whether an order of protection has been issued against the 
person, 
  (1) whether the alleged incident involved harassment 
 or abuse, as defined in the Illinois Domestic Violence Act 
 of 1986;
  (2) whether the person has a history of domestic 
 violence, as defined in the Illinois Domestic Violence 
 Act, or a history of other criminal acts;
  (3) based on the mental health of the person;
  (4) whether the person has a history of violating the 
 orders of any court or governmental entity;
  (5) whether the person has been, or is, potentially a 
 threat to any other person;
  (6) whether the person has access to deadly weapons or 
 a history of using deadly weapons;
  (7) whether the person has a history of abusing 
 alcohol or any controlled substance;
  (8) based on the severity of the alleged incident that 
 is the basis of the alleged offense, including, but not 
 limited to, the duration of the current incident, and 
 whether the alleged incident involved the use of a weapon, 
 physical injury, sexual assault, strangulation, abuse 
 during the alleged victim's pregnancy, abuse of pets, or 
 forcible entry to gain access to the alleged victim;
  (9) whether a separation of the person from the victim 
 of abuse or a termination of the relationship between the 
 person and the victim of abuse has recently occurred or is 
 pending;
  (10) whether the person has exhibited obsessive or 
 controlling behaviors toward the victim of abuse, 
 including, but not limited to, stalking, surveillance, or 
 isolation of the victim of abuse or victim's family member 
 or members; 
  (11) whether the person has expressed suicidal or 
 homicidal ideations;
  (11.5) any other factors deemed by the court to have a 
 reasonable bearing upon the defendant's propensity or 
 reputation for violent, abusive or assaultive behavior, or 
 lack of that behavior. 
 (c) In cases of stalking or aggravated stalking under 
Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the 
court may consider the following additional factors:
  (1) Any evidence of the defendant's prior criminal 
 history indicative of violent, abusive or assaultive 
 behavior, or lack of that behavior. The evidence may 
 include testimony or documents received in juvenile 
 proceedings, criminal, quasi-criminal, civil commitment, 
 domestic relations or other proceedings;
  (2) Any evidence of the defendant's psychological, 
 psychiatric or other similar social history that tends to 
 indicate a violent, abusive, or assaultive nature, or lack 
 of any such history; .
  (3) The nature of the threat which is the basis of the 
 charge against the defendant;
  (4) Any statements made by, or attributed to the 
 defendant, together with the circumstances surrounding 
 them;
  (5) The age and physical condition of any person 
 allegedly assaulted by the defendant;
  (6) Whether the defendant is known to possess or have 
 access to any weapon or weapons;
  (7) Any other factors deemed by the court to have a 
 reasonable bearing upon the defendant's propensity or 
 reputation for violent, abusive or assaultive behavior, or 
 lack of that behavior.
 (d) The Court may use a regularly validated risk 
assessment tool to aid its determination of appropriate 
conditions of release as provided for in Section 110-6.4. Risk 
assessment tools may not be used as the sole basis to deny 
pretrial release. If a risk assessment tool is used, the 
defendant's counsel shall be provided with the information and 
scoring system of the risk assessment tool used to arrive at 
the determination. The defendant retains the right to 
challenge the validity of a risk assessment tool used by the 
court and to present evidence relevant to the defendant's 
challenge.
 (e) If a person remains in pretrial detention after his or 
her pretrial conditions hearing after having been ordered 
released with pretrial conditions, the court shall hold a 
hearing to determine the reason for continued detention. If 
the reason for continued detention is due to the 
unavailability or the defendant's ineligibility for one or 
more pretrial conditions previously ordered by the court or 
directed by a pretrial services agency, the court shall reopen 
the conditions of release hearing to determine what available 
pretrial conditions exist that will reasonably assure the 
appearance of a defendant as required or the safety of any 
other person and the likelihood of compliance by the defendant 
with all the conditions of pretrial release. The inability of 
the defendant Defendant to pay for a condition of release or 
any other ineligibility for a condition of pretrial release 
shall not be used as a justification for the pretrial 
detention of that defendant Defendant.
 (f) Prior to the defendant's first appearance, the Court 
shall appoint the public defender or a licensed attorney at 
law of this State to represent the defendant Defendant for 
purposes of that hearing, unless the defendant has obtained 
licensed counsel for themselves.
 (g) Electronic monitoring, GPS monitoring, or home 
confinement can only be imposed as a condition of pretrial 
release if a no less restrictive condition of release or 
combination of less restrictive condition of release would 
reasonably ensure the appearance of the defendant for later 
hearings or protect an identifiable person or persons from 
imminent threat of serious physical harm.
 (h) If the court imposes electronic monitoring, GPS 
monitoring, or home confinement, the court shall set forth in 
the record the basis for its finding. A defendant shall be 
given custodial credit for each day he or she was subjected to 
that program, at the same rate described in subsection (b) of 
Section 5-4.5-100 of the Unified Code of Corrections unified 
code of correction.
 (i) If electronic monitoring, GPS monitoring, or home 
confinement is imposed, the court shall determine every 60 
days if no less restrictive condition of release or 
combination of less restrictive conditions of release would 
reasonably ensure the appearance, or continued appearance, of 
the defendant for later hearings or protect an identifiable 
person or persons from imminent threat of serious physical 
harm. If the court finds that there are less restrictive 
conditions of release, the court shall order that the 
condition be removed. This subsection takes effect January 1, 
2022.
 (j) Crime Victims shall be given notice by the State's 
Attorney's office of this hearing as required in paragraph (1) 
of subsection (b) of Section 4.5 of the Rights of Crime Victims 
and Witnesses Act and shall be informed of their opportunity 
at this hearing to obtain an order of protection under Article 
112A of this Code. 

(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21; 
102-558, eff. 8-20-21; revised 12-15-21.)




 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


 Sec. 112A-14. Domestic violence order of protection; 
remedies. 

 (a) (Blank).

 (b) The court may order any of the remedies listed in this 
subsection (b).
The remedies listed in this subsection (b) 
shall be in addition to other civil
or criminal remedies 
available to petitioner.

  (1) Prohibition of abuse. Prohibit respondent's 
 harassment,
interference with personal liberty, 
 intimidation of a dependent, physical
abuse, or willful 
 deprivation, as defined in this Article, if such abuse has

 occurred or otherwise appears likely to occur if not 
 prohibited.

  (2) Grant of exclusive possession of residence. 
 Prohibit respondent
from entering or remaining in any 
 residence, household, or premises of the petitioner,

 including one owned or leased by respondent, if petitioner 
 has a right
to occupancy thereof. The grant of exclusive 
 possession of the residence, household, or premises
shall 
 not affect title to real property, nor shall the court be 
 limited by
the standard set forth in subsection (c-2) of 
 Section 501 of the Illinois Marriage and
Dissolution of 
 Marriage Act.

   (A) Right to occupancy. A party has a right to 
 occupancy of a
residence or household if it is
solely 
 or jointly owned or leased by that party, that party's 
 spouse, a
person with a legal duty to support that 
 party or a minor child in that
party's care, or by any 
 person or entity other than the opposing party that

 authorizes that party's occupancy (e.g., a domestic 
 violence shelter).
Standards set forth in subparagraph 
 (B) shall not preclude equitable relief.

   (B) Presumption of hardships. If petitioner and 
 respondent
each has the right to occupancy of a 
 residence or household, the court
shall balance (i) 
 the hardships to respondent and any minor child or

 dependent adult in respondent's care resulting from 
 entry of this remedy with (ii)
the hardships to 
 petitioner and any minor child or dependent adult in

 petitioner's care resulting from continued exposure to 
 the risk of abuse (should
petitioner remain at the 
 residence or household) or from loss of possession
of 
 the residence or household (should petitioner leave to 
 avoid the risk
of abuse). When determining the balance 
 of hardships, the court shall also
take into account 
 the accessibility of the residence or household.

 Hardships need not be balanced if respondent does not 
 have a right to occupancy.

   The balance of hardships is presumed to favor 
 possession by
petitioner unless the presumption is 
 rebutted by a preponderance of the
evidence, showing 
 that the hardships to respondent substantially 
 outweigh
the hardships to petitioner and any minor 
 child or dependent adult in petitioner's
care. The 
 court, on the request of petitioner or on its own 
 motion,
may order respondent to provide suitable, 
 accessible, alternate housing
for petitioner instead 
 of
excluding respondent from a mutual residence or 
 household.

  (3) Stay away order and additional prohibitions.
Order 
 respondent to stay away from petitioner or any other 
 person
protected by the domestic violence order of 
 protection, or prohibit respondent from entering
or 
 remaining present at petitioner's school, place of 
 employment, or other
specified places at times when 
 petitioner is present, or both, if
reasonable, given
the 
 balance of hardships. Hardships need not be balanced for 
 the court
to enter a stay away order or prohibit entry
if 
 respondent has no right to enter the premises.

   (A) If a domestic violence order of protection 
 grants petitioner exclusive possession
of the 
 residence, prohibits respondent from entering the 
 residence,
or orders respondent to stay away from 
 petitioner or other
protected persons, then the court 
 may allow respondent access to the
residence to remove 
 items of clothing and personal adornment
used 
 exclusively by respondent, medications, and other 
 items as the court directs.
The right to access shall 
 be exercised on only one occasion as the court directs

 and in the presence of an agreed-upon adult third 
 party or law enforcement officer.

   (B) When the petitioner and the respondent attend 
 the same public, private, or non-public elementary, 
 middle, or high school, the court when issuing a 
 domestic violence order of protection and providing 
 relief shall consider the severity of the act, any 
 continuing physical danger or emotional distress to 
 the petitioner, the educational rights guaranteed to 
 the petitioner and respondent under federal and State 
 law, the availability of a transfer of the respondent 
 to another school, a change of placement or a change of 
 program of the respondent, the expense, difficulty, 
 and educational disruption that would be caused by a 
 transfer of the respondent to another school, and any 
 other relevant facts of the case. The court may order 
 that the respondent not attend the public, private, or 
 non-public elementary, middle, or high school attended 
 by the petitioner, order that the respondent accept a 
 change of placement or change of program, as 
 determined by the school district or private or 
 non-public school, or place restrictions on the 
 respondent's movements within the school attended by 
 the petitioner. The respondent bears the burden of 
 proving by a preponderance of the evidence that a 
 transfer, change of placement, or change of program of 
 the respondent is not available. The respondent also 
 bears the burden of production with respect to the 
 expense, difficulty, and educational disruption that 
 would be caused by a transfer of the respondent to 
 another school. A transfer, change of placement, or 
 change of program is not unavailable to the respondent 
 solely on the ground that the respondent does not 
 agree with the school district's or private or 
 non-public school's transfer, change of placement, or 
 change of program or solely on the ground that the 
 respondent fails or refuses to consent or otherwise 
 does not take an action required to effectuate a 
 transfer, change of placement, or change of program. 
 When a court orders a respondent to stay away from the 
 public, private, or non-public school attended by the 
 petitioner and the respondent requests a transfer to 
 another attendance center within the respondent's 
 school district or private or non-public school, the 
 school district or private or non-public school shall 
 have sole discretion to determine the attendance 
 center to which the respondent is transferred. If the 
 court order results in a transfer of the minor 
 respondent to another attendance center, a change in 
 the respondent's placement, or a change of the 
 respondent's program, the parents, guardian, or legal 
 custodian of the respondent is responsible for 
 transportation and other costs associated with the 
 transfer or change.
   (C) The court may order the parents, guardian, or 
 legal custodian of a minor respondent to take certain 
 actions or to refrain from taking certain actions to 
 ensure that the respondent complies with the order. If 
 the court orders a transfer of the respondent to 
 another school, the parents, guardian, or legal 
 custodian of the respondent is responsible for 
 transportation and other costs associated with the 
 change of school by the respondent. 
  (4) Counseling. Require or recommend the respondent to 
 undergo
counseling for a specified duration with a social 
 worker, psychologist,
clinical psychologist, 
 psychiatrist, family service agency, alcohol or
substance 
 abuse program, mental health center guidance counselor, 
 agency
providing services to elders, program designed for 
 domestic violence
abusers, or any other guidance service 
 the court deems appropriate. The court may order the 
 respondent in any intimate partner relationship to report 
 to an Illinois Department of Human Services protocol 
 approved partner abuse intervention program for an 
 assessment and to follow all recommended treatment. 

  (5) Physical care and possession of the minor child. 
 In order to protect
the minor child from abuse, neglect, 
 or unwarranted separation from the person
who has been the 
 minor child's primary caretaker, or to otherwise protect 
 the
well-being of the minor child, the court may do either 
 or both of the following:
(i) grant petitioner physical 
 care or possession of the minor child, or both, or
(ii) 
 order respondent to return a minor child to, or not remove 
 a minor child
from, the physical care of a parent or person 
 in loco parentis.

  If the respondent is charged with abuse
(as defined in 
 Section 112A-3 of this Code) of a minor child, there shall 
 be a
rebuttable presumption that awarding physical care to 
 respondent would not
be in the minor child's best 
 interest.

  (6) Temporary allocation of parental responsibilities 
 and significant decision-making responsibilities.
Award 
 temporary significant decision-making responsibility to 
 petitioner in accordance with this Section,
the Illinois 
 Marriage
and Dissolution of Marriage Act, the Illinois 
 Parentage Act of 2015,
and this State's Uniform 
 Child-Custody
Jurisdiction and Enforcement Act. 

  If the respondent
is charged with abuse (as defined in 
 Section 112A-3 of this Code) of a
minor child, there shall 
 be a rebuttable presumption that awarding
temporary 
 significant decision-making responsibility to respondent 
 would not be in the
child's best interest.

  (7) Parenting time. Determine the parenting time, if 
 any, of respondent in any case in which the court
awards 
 physical care or temporary significant decision-making 
 responsibility of a minor child to
petitioner. The court 
 shall restrict or deny respondent's parenting time with
a 
 minor child if
the court finds that respondent has done or 
 is likely to do any of the
following:
   (i) abuse or endanger the minor child during 
 parenting time;
   (ii) use the parenting time
as an opportunity to 
 abuse or harass petitioner or
petitioner's family or 
 household members;
   (iii) improperly conceal or
detain the minor 
 child; or
   (iv) otherwise act in a manner that is not in
the 
 best interests of the minor child. 
  The court shall not be limited by the
standards set 
 forth in Section 603.10 of the Illinois Marriage and

 Dissolution of Marriage Act. If the court grants parenting 
 time, the order
shall specify dates and times for the 
 parenting time to take place or other
specific parameters 
 or conditions that are appropriate. No order for parenting 
 time
shall refer merely to the term "reasonable parenting 
 time". Petitioner may deny respondent access to the minor 
 child if, when
respondent arrives for parenting time, 
 respondent is under the influence of drugs
or alcohol and 
 constitutes a threat to the safety and well-being of

 petitioner or petitioner's minor children or is behaving 
 in a violent or abusive manner. If necessary to protect 
 any member of petitioner's family or
household from future 
 abuse, respondent shall be prohibited from coming to

 petitioner's residence to meet the minor child for 
 parenting time, and the petitioner and respondent
shall 
 submit to the court their recommendations for reasonable

 alternative arrangements for parenting time. A person may 
 be approved to
supervise parenting time only after filing 
 an affidavit accepting
that responsibility and 
 acknowledging accountability to the court.

  (8) Removal or concealment of minor child.
Prohibit 
 respondent from
removing a minor child from the State or 
 concealing the child within the
State.

  (9) Order to appear. Order the respondent to
appear in 
 court, alone
or with a minor child, to prevent abuse, 
 neglect, removal or concealment of
the child, to return 
 the child to the custody or care of the petitioner, or
to 
 permit any court-ordered interview or examination of the 
 child or the
respondent.

  (10) Possession of personal property. Grant petitioner 
 exclusive
possession of personal property and, if 
 respondent has possession or
control, direct respondent to 
 promptly make it available to petitioner, if:

   (i) petitioner, but not respondent, owns the 
 property; or

   (ii) the petitioner and respondent own the 
 property jointly; sharing it would risk
abuse of 
 petitioner by respondent or is impracticable; and the 
 balance of
hardships favors temporary possession by 
 petitioner.

  If petitioner's sole claim to ownership of the 
 property is that it is
marital property, the court may 
 award petitioner temporary possession
thereof under the 
 standards of subparagraph (ii) of this paragraph only if
a 
 proper proceeding has been filed under the Illinois 
 Marriage and
Dissolution of Marriage Act, as now or 
 hereafter amended.

  No order under this provision shall affect title to 
 property.

  (11) Protection of property. Forbid the respondent 
 from taking,
transferring, encumbering, concealing, 
 damaging, or otherwise disposing of
any real or personal 
 property, except as explicitly authorized by the
court, 
 if:

   (i) petitioner, but not respondent, owns the 
 property; or

   (ii) the petitioner and respondent own the 
 property jointly,
and the balance of hardships favors 
 granting this remedy.

  If petitioner's sole claim to ownership of the 
 property is that it is
marital property, the court may 
 grant petitioner relief under subparagraph
(ii) of this 
 paragraph only if a proper proceeding has been filed under 
 the
Illinois Marriage and Dissolution of Marriage Act, as 
 now or hereafter amended.

  The court may further prohibit respondent from 
 improperly using the
financial or other resources of an 
 aged member of the family or household
for the profit or 
 advantage of respondent or of any other person.

  (11.5) Protection of animals. Grant the petitioner the 
 exclusive care, custody, or control of any animal owned, 
 possessed, leased, kept, or held by either the petitioner 
 or the respondent or a minor child residing in the 
 residence or household of either the petitioner or the 
 respondent and order the respondent to stay away from the 
 animal and forbid the respondent from taking, 
 transferring, encumbering, concealing, harming, or 
 otherwise disposing of the animal.

  (12) Order for payment of support. Order
respondent to 
 pay temporary
support for the petitioner or any child in 
 the petitioner's care or over whom the petitioner has been 
 allocated parental responsibility, when the respondent has 
 a legal obligation to support that person,
in accordance 
 with the Illinois Marriage and Dissolution
of Marriage 
 Act, which shall govern, among other matters, the amount 
 of
support, payment through the clerk and withholding of 
 income to secure
payment. An order for child support may 
 be granted to a petitioner with
lawful physical care of a 
 child, or an order or agreement for
physical care of a 
 child, prior to entry of an order allocating significant 
 decision-making responsibility.
Such a support order shall 
 expire upon entry of a valid order allocating parental 
 responsibility differently and vacating petitioner's 
 significant decision-making responsibility unless 
 otherwise provided in the order.

  (13) Order for payment of losses. Order
respondent to 
 pay petitioner
for losses suffered as a direct result of 
 the abuse. Such losses shall
include, but not be limited 
 to, medical expenses, lost earnings or other
support, 
 repair or replacement of property damaged or taken, 
 reasonable
attorney's fees, court costs, and moving or 
 other travel expenses, including
additional reasonable 
 expenses for temporary shelter and restaurant meals.

   (i) Losses affecting family needs. If a party is 
 entitled to seek
maintenance, child support, or 
 property distribution from the other party
under the 
 Illinois Marriage and Dissolution of Marriage Act, as 
 now or
hereafter amended, the court may order 
 respondent to reimburse petitioner's
actual losses, to 
 the extent that such reimbursement would be 
 "appropriate
temporary relief", as authorized by 
 subsection (a)(3) of
Section 501 of that Act.

   (ii) Recovery of expenses. In the case of an 
 improper concealment
or removal of a minor child, the 
 court may order respondent to pay the reasonable

 expenses incurred or to be incurred in the search for 
 and recovery of the
minor child, including, but not 
 limited to, legal fees, court costs, private

 investigator fees, and travel costs.

  (14) Prohibition of entry. Prohibit the respondent 
 from entering or
remaining in the residence or household 
 while the respondent is under the
influence of alcohol or 
 drugs and constitutes a threat to the safety and

 well-being of the petitioner or the petitioner's children.

  (14.5) Prohibition of firearm possession. 
   (A) A person who is subject to an existing 
 domestic violence order of protection issued under 
 this Code may not lawfully possess weapons or a 
 Firearm Owner's Identification Card under Section 8.2 
 of the Firearm Owners Identification Card Act.
   (B) Any firearms in the
possession of the 
 respondent, except as provided in subparagraph (C) of 
 this paragraph (14.5), shall be ordered by the court 
 to be turned
over to a person with a valid Firearm 
 Owner's Identification Card for safekeeping. The court 
 shall issue an order that the respondent comply with 
 Section 9.5 of the Firearm Owners Identification Card 
 Act.
Illinois
   (C) If the respondent is a peace officer as 
 defined in Section 2-13 of
the
Criminal Code of 2012, 
 the court shall order that any firearms used by the

 respondent in the performance of his or her duties as a

 peace officer be surrendered to
the chief law 
 enforcement executive of the agency in which the 
 respondent is
employed, who shall retain the firearms 
 for safekeeping for the duration of the domestic 
 violence order of protection.

   (D) Upon expiration of the period of safekeeping, 
 if the firearms or Firearm Owner's Identification Card 
 cannot be returned to respondent because respondent 
 cannot be located, fails to respond to requests to 
 retrieve the firearms, or is not lawfully eligible to 
 possess a firearm, upon petition from the local law 
 enforcement agency, the court may order the local law 
 enforcement agency to destroy the firearms, use the 
 firearms for training purposes, or for any other 
 application as deemed appropriate by the local law 
 enforcement agency; or that the firearms be turned 
 over to a third party who is lawfully eligible to 
 possess firearms, and who does not reside with 
 respondent. 
  (15) Prohibition of access to records. If a domestic 
 violence order of protection
prohibits respondent from 
 having contact with the minor child,
or if petitioner's 
 address is omitted under subsection (b) of
Section 112A-5 
 of this Code, or if necessary to prevent abuse or wrongful 
 removal or
concealment of a minor child, the order shall 
 deny respondent access to, and
prohibit respondent from 
 inspecting, obtaining, or attempting to
inspect or obtain, 
 school or any other records of the minor child
who is in 
 the care of petitioner.

  (16) Order for payment of shelter services. Order 
 respondent to
reimburse a shelter providing temporary 
 housing and counseling services to
the petitioner for the 
 cost of the services, as certified by the shelter
and 
 deemed reasonable by the court.

  (17) Order for injunctive relief. Enter injunctive 
 relief necessary
or appropriate to prevent further abuse 
 of a family or household member or
to effectuate one of the 
 granted remedies, if supported by the balance of

 hardships. If the harm to be prevented by the injunction 
 is abuse or any
other harm that one of the remedies listed 
 in paragraphs (1) through (16)
of this subsection is 
 designed to prevent, no further evidence is necessary
to 
 establish that the harm is an irreparable injury.

  (18) Telephone services.
   (A) Unless a condition described in subparagraph 
 (B) of this paragraph exists, the court may, upon 
 request by the petitioner, order a wireless telephone 
 service provider to transfer to the petitioner the 
 right to continue to use a telephone number or numbers 
 indicated by the petitioner and the financial 
 responsibility associated with the number or numbers, 
 as set forth in subparagraph (C) of this paragraph. In 
 this paragraph (18), the term "wireless telephone 
 service provider" means a provider of commercial 
 mobile service as defined in 47 U.S.C. 332. The 
 petitioner may request the transfer of each telephone 
 number that the petitioner, or a minor child in his or 
 her custody, uses. The clerk of the court shall serve 
 the order on the wireless telephone service provider's 
 agent for service of process provided to the Illinois 
 Commerce Commission. The order shall contain all of 
 the following: 
    (i) The name and billing telephone number of 
 the account holder including the name of the 
 wireless telephone service provider that serves 
 the account.
    (ii) Each telephone number that will be 
 transferred.
    (iii) A statement that the provider transfers 
 to the petitioner all financial responsibility for 
 and right to the use of any telephone number 
 transferred under this paragraph.
   (B) A wireless telephone service provider shall 
 terminate the respondent's use of, and shall transfer 
 to the petitioner use of, the telephone number or 
 numbers indicated in subparagraph (A) of this 
 paragraph unless it notifies the petitioner, within 72 
 hours after it receives the order, that one of the 
 following applies:
    (i) The account holder named in the order has 
 terminated the account.
    (ii) A difference in network technology would 
 prevent or impair the functionality of a device on 
 a network if the transfer occurs.
    (iii) The transfer would cause a geographic or 
 other limitation on network or service provision 
 to the petitioner.
    (iv) Another technological or operational 
 issue would prevent or impair the use of the 
 telephone number if the transfer occurs.
   (C) The petitioner assumes all financial 
 responsibility for and right to the use of any 
 telephone number transferred under this paragraph. In 
 this paragraph, "financial responsibility" includes 
 monthly service costs and costs associated with any 
 mobile device associated with the number.
   (D) A wireless telephone service provider may 
 apply to the petitioner its routine and customary 
 requirements for establishing an account or 
 transferring a number, including requiring the 
 petitioner to provide proof of identification, 
 financial information, and customer preferences.

   (E) Except for willful or wanton misconduct, a 
 wireless telephone service provider is immune from 
 civil liability for its actions taken in compliance 
 with a court order issued under this paragraph.
   (F) All wireless service providers that provide 
 services to residential customers shall provide to the 
 Illinois Commerce Commission the name and address of 
 an agent for service of orders entered under this 
 paragraph (18). Any change in status of the registered 
 agent must be reported to the Illinois Commerce 
 Commission within 30 days of such change. 
   (G) The Illinois Commerce Commission shall 
 maintain the list of registered agents for service for 
 each wireless telephone service provider on the 
 Commission's website. The Commission may consult with 
 wireless telephone service providers and the Circuit 
 Court Clerks on the manner in which this information 
 is provided and displayed. 
 (c) Relevant factors; findings.

  (1) In determining whether to grant a
specific remedy, 
 other than payment of support, the
court shall consider 
 relevant factors, including, but not limited to, the

 following:

   (i) the nature, frequency, severity, pattern, and 
 consequences of the
respondent's past abuse of the 
 petitioner or any family or household
member, 
 including the concealment of his or her location in 
 order to evade
service of process or notice, and the 
 likelihood of danger of future abuse to
petitioner or

 any member of petitioner's or respondent's family or 
 household; and

   (ii) the danger that any minor child will be 
 abused or neglected or
improperly relocated from the 
 jurisdiction, improperly concealed within the
State, 
 or improperly separated from the child's primary 
 caretaker.

  (2) In comparing relative hardships resulting to the 
 parties from loss
of possession of the family home, the 
 court shall consider relevant
factors, including, but not 
 limited to, the following:

   (i) availability, accessibility, cost, safety, 
 adequacy, location, and other
characteristics of 
 alternate housing for each party and any minor child 
 or
dependent adult in the party's care;

   (ii) the effect on the party's employment; and

   (iii) the effect on the relationship of the party, 
 and any minor
child or dependent adult in the party's 
 care, to family, school, church,
and community.

  (3) Subject to the exceptions set forth in paragraph 
 (4) of this
subsection (c), the court shall make its 
 findings in an official record or in
writing, and shall at 
 a minimum set forth the following:

   (i) That the court has considered the applicable 
 relevant factors
described in paragraphs (1) and (2) 
 of this subsection (c).

   (ii) Whether the conduct or actions of respondent, 
 unless
prohibited, will likely cause irreparable harm 
 or continued abuse.

   (iii) Whether it is necessary to grant the 
 requested relief in order
to protect petitioner or 
 other alleged abused persons.

  (4) (Blank).

  (5) Never married parties. No rights or 
 responsibilities for a minor
child born outside of 
 marriage attach to a putative father until a father and

 child relationship has been established under the Illinois 
 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
 the Illinois Public Aid Code, Section 12 of the Vital 
 Records Act, the Juvenile Court Act of 1987, the Probate 
 Act of 1975, the Uniform Interstate Family Support Act, 
 the Expedited Child Support Act of 1990, any judicial, 
 administrative, or other act of another state or 
 territory, any other statute of this State, or by any 
 foreign nation establishing the father and child 
 relationship, any other proceeding substantially in 
 conformity with the federal Personal Responsibility and 
 Work Opportunity Reconciliation Act of 1996, or when both 
 parties appeared in open court or at an administrative 
 hearing acknowledging under oath or admitting by 
 affirmation the existence of a father and child 
 relationship. Absent such an adjudication, no putative 
 father shall be granted
temporary allocation of parental 
 responsibilities, including parenting time with the minor 
 child, or
physical care
and possession of the minor child, 
 nor shall
an order of payment for support of the minor 
 child be entered.

 (d) Balance of hardships; findings. If the court finds 
that the balance
of hardships does not support the granting of 
a remedy governed by
paragraph (2), (3), (10), (11), or (16) of

subsection (b) of this Section,
which may require such 
balancing, the court's findings shall so
indicate and shall 
include a finding as to whether granting the remedy will

result in hardship to respondent that would substantially 
outweigh the hardship
to petitioner
from denial of the remedy. 
The findings shall be an official record or in
writing.

 (e) Denial of remedies. Denial of any remedy shall not be 
based, in
whole or in part, on evidence that:

  (1) respondent has cause for any use of force, unless 
 that cause
satisfies the standards for justifiable use of 
 force provided by Article
7 of the Criminal Code of 2012;

  (2) respondent was voluntarily intoxicated;

  (3) petitioner acted in self-defense or defense of 
 another, provided
that, if petitioner utilized force, such 
 force was justifiable under
Article 7 of the Criminal Code 
 of 2012; 

  (4) petitioner did not act in self-defense or defense 
 of another;

  (5) petitioner left the residence or household to 
 avoid further abuse
by respondent;

  (6) petitioner did not leave the residence or 
 household to avoid further
abuse by respondent; or 

  (7) conduct by any family or household member excused 
 the abuse by
respondent, unless that same conduct would 
 have excused such abuse if the
parties had not been family 
 or household members.

(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
102-538, eff. 8-20-21; revised 11-2-21.)




 (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)


 Sec. 112A-20. Duration and extension of final protective 
orders. 

 (a) (Blank).

 (b) A final protective order shall remain in effect as 
follows:

  (1) if entered during pre-trial release, until 
 disposition, withdrawal,
or dismissal of the underlying 
 charge; if, however, the case is continued as an

 independent cause of action, the order's duration may be 
 for a fixed period
of time not to exceed 2 years;

  (2) if in effect in conjunction with a bond forfeiture 
 warrant, until
final disposition or an additional period

 of time not
exceeding 2 years; no domestic violence order 
 of
protection, however, shall be terminated by a dismissal 
 that is accompanied
by the issuance of a bond forfeiture 
 warrant;

  (3) until 2 years after the expiration of any 
 supervision, conditional discharge,
probation, periodic 
 imprisonment, parole, aftercare release, or mandatory 
 supervised release for domestic violence orders of 
 protection and civil no contact orders;

  (4) until 2 years after the date set by the court for 
 expiration of any sentence of
imprisonment and subsequent 
 parole, aftercare release, or mandatory supervised release

 for domestic violence orders of protection and civil no 
 contact orders;

  (5) permanent for a stalking no contact order if a 
 judgment of conviction for stalking is entered; or 
  (6) permanent for a civil no contact order at the 
 victim's request if a judgment of conviction for criminal 
 sexual assault, aggravated criminal sexual assault, 
 criminal sexual abuse, excluding a conviction under 
 subsection (c) of Section 11-1.50 of the Criminal Code of 
 2012, or aggravated criminal sexual abuse is entered. 
 (c) Computation of time. The duration of a domestic 
violence order of protection shall
not be reduced by the 
duration of any prior domestic violence order of protection.

 (d) Law enforcement records. When a protective order 
expires
upon the occurrence of a specified event, rather than 
upon a specified date
as provided in subsection (b), no 
expiration date shall be entered in
Illinois State Police 
records. To remove the protective order from
those records, 
either the petitioner or the respondent shall request the 
clerk of the court to file a
certified copy of an order stating 
that the specified event has occurred or
that the protective 
order has been vacated or modified with the sheriff, and the

sheriff shall direct that law enforcement records shall be 
promptly
corrected in accordance with the filed order.

 (e) Extension of Orders. Any domestic violence order of

protection or civil no contact order that expires 2 years 
after the expiration of the defendant's sentence under 
paragraph (2), (3), or (4) of subsection (b) of Section 
112A-20 of this Article may be extended one or more times, as 
required. The petitioner, petitioner's counsel, or the State's 
Attorney on the petitioner's behalf shall file the motion for 
an extension of the final protective order in the criminal 
case and serve the motion in accordance with Supreme Court 
Rules 11 and 12. The court shall transfer the motion to the 
appropriate court or division for consideration under 
subsection (e) of Section 220 of the Illinois Domestic 
Violence Act of 1986, subsection (c) of Section 216 of the 
Civil No Contact Order Act, or subsection (c) of Section 105 of 
the Stalking No Contact Order as appropriate.

 (f) Termination date. Any final protective order which 
would expire on a
court holiday shall instead expire at the 
close of the next court business day.

 (g) Statement of purpose. The practice of dismissing or 
suspending a
criminal prosecution in exchange for issuing a 
protective order
undermines the purposes of this Article. This 
Section shall not be
construed as encouraging that practice.

(Source: P.A. 102-184, eff. 1-1-22; 102-538, eff. 8-20-21; 
revised 10-20-21.)




 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)


 (Text of Section before amendment by P.A. 101-652)
 Sec. 112A-23. Enforcement of protective orders. 

 (a) When violation is crime. A violation of any protective 
order,
whether issued in a civil, quasi-criminal proceeding, 
shall be
enforced by a
criminal court when:

  (1) The respondent commits the crime of violation of a 
 domestic violence order of
protection pursuant to Section 
 12-3.4 or 12-30 of the Criminal Code of
1961 or the 
 Criminal Code of 2012, by
having knowingly violated:

   (i) remedies described in paragraph paragraphs 
 (1), (2), (3), (14),
or
(14.5)
of subsection (b) of 
 Section 112A-14 of this Code,

   (ii) a remedy, which is substantially similar to 
 the remedies
authorized
under paragraph paragraphs 
 (1), (2), (3), (14), or (14.5) of subsection (b) of 
 Section 214
of the Illinois Domestic Violence Act of 
 1986, in a valid order of protection,
which is 
 authorized under the laws of another state, tribe, or 
 United States
territory, or

   (iii) any other remedy when the act
constitutes a 
 crime against the protected parties as defined by the 
 Criminal
Code of 1961 or the Criminal Code of 2012.

  Prosecution for a violation of a domestic violence 
 order of protection shall
not bar concurrent prosecution 
 for any other crime, including any crime
that may have 
 been committed at the time of the violation of the 
 domestic violence order
of protection; or

  (2) The respondent commits the crime of child 
 abduction pursuant
to Section 10-5 of the Criminal Code of 
 1961 or the Criminal Code of 2012, by having knowingly 
 violated:

   (i) remedies described in paragraph paragraphs 
 (5), (6), or (8) of subsection
(b)
of
Section 112A-14 
 of this Code, or

   (ii) a remedy, which is substantially similar to 
 the remedies
authorized
under paragraph paragraphs 
 (1),
(5), (6), or (8) of subsection (b) of Section 214

 of the Illinois Domestic Violence Act of 1986, in a 
 valid domestic violence order of protection,
which is 
 authorized under the laws of another state, tribe, or 
 United States
territory.

  (3) The respondent commits the crime of violation of a 
 civil no contact order when the respondent violates 
 Section 12-3.8 of the Criminal Code of 2012.
Prosecution 
 for a violation of a civil no contact order shall not bar 
 concurrent prosecution for any other crime, including any 
 crime that may have been committed at the time of the 
 violation of the civil no contact order.
  (4) The respondent commits the crime of violation of a 
 stalking no contact order when the respondent violates 
 Section 12-3.9 of the Criminal Code of 2012.
Prosecution 
 for a violation of a stalking no contact order shall not 
 bar concurrent prosecution for any other crime, including 
 any crime that may have been committed at the time of the 
 violation of the stalking no contact order. 
 (b) When violation is contempt of court. A violation of 
any valid protective order, whether issued in a civil or 
criminal
proceeding, may be enforced through civil or criminal 
contempt procedures,
as appropriate, by any court with 
jurisdiction, regardless where the act or
acts which violated 
the protective order were committed, to the extent
consistent 
with the venue provisions of this Article. Nothing in this

Article shall preclude any Illinois court from enforcing any 
valid protective order issued in another state. Illinois 
courts may enforce protective orders through both criminal 
prosecution and contempt proceedings,
unless the action which 
is second in time is barred by collateral estoppel
or the 
constitutional prohibition against double jeopardy.

  (1) In a contempt proceeding where the petition for a 
 rule to show
cause sets forth facts evidencing an 
 immediate danger that the
respondent will flee the 
 jurisdiction, conceal a child, or inflict physical
abuse 
 on the petitioner or minor children or on dependent adults 
 in
petitioner's care, the court may order the
attachment 
 of the respondent without prior service of the rule to 
 show
cause or the petition for a rule to show cause. Bond 
 shall be set unless
specifically denied in writing.

  (2) A petition for a rule to show cause for violation 
 of a protective order shall be treated as an expedited 
 proceeding.

 (c) Violation of custody, allocation of parental 
responsibility, or support orders. A violation of remedies

described in paragraph paragraphs (5), (6), (8), or (9) of 
subsection (b) of Section
112A-14 of this Code may be enforced 
by any remedy provided by Section 607.5 of
the Illinois 
Marriage and Dissolution of Marriage Act. The court may

enforce any order for support issued under paragraph (12) of 
subsection (b)
of Section 112A-14 of this Code in the manner 
provided for under Parts
V and VII of the
Illinois Marriage and 
Dissolution of Marriage Act.

 (d) Actual knowledge. A protective order may be
enforced 
pursuant to this Section if the respondent violates the order

after the respondent has actual knowledge of its contents
as 
shown through one of the following means:

  (1) (Blank).

  (2) (Blank).

  (3) By service of a protective order under subsection 
 (f) of Section 112A-17.5 or Section 112A-22 of this Code.

  (4) By other means demonstrating actual knowledge of 
 the contents of the order.

 (e) The enforcement of a protective order in civil or 
criminal court
shall not be affected by either of the 
following:

  (1) The existence of a separate, correlative order 
 entered under Section
112A-15 of this Code.

  (2) Any finding or order entered in a conjoined 
 criminal proceeding.

 (e-5) If a civil no contact order entered under subsection 
(6) of Section 112A-20 of the Code of Criminal Procedure of 
1963 conflicts with an order issued pursuant to the Juvenile 
Court Act of 1987 or the Illinois Marriage and Dissolution of 
Marriage Act, the conflicting order issued under subsection 
(6) of Section 112A-20 of the Code of Criminal Procedure of 
1963 shall be void.
 (f) Circumstances. The court, when determining whether or 
not a
violation of a protective order has occurred, shall not 
require
physical manifestations of abuse on the person of the 
victim.

 (g) Penalties.

  (1) Except as provided in paragraph (3) of this

 subsection (g), where the court finds the commission of a 
 crime or contempt of
court under subsection subsections 
 (a) or (b) of this Section, the penalty shall be
the 
 penalty that generally applies in such criminal or 
 contempt
proceedings, and may include one or more of the 
 following: incarceration,
payment of restitution, a fine, 
 payment of attorneys' fees and costs, or
community 
 service.

  (2) The court shall hear and take into account 
 evidence of any factors
in aggravation or mitigation 
 before deciding an appropriate penalty under
paragraph (1) 
 of this subsection (g).

  (3) To the extent permitted by law, the court is 
 encouraged to:

   (i) increase the penalty for the knowing violation 
 of
any protective order over any penalty previously 
 imposed by any court
for respondent's violation of any 
 protective order or penal statute
involving petitioner 
 as victim and respondent as defendant;

   (ii) impose a minimum penalty of 24 hours 
 imprisonment for respondent's
first violation of any 
 protective order; and

   (iii) impose a minimum penalty of 48 hours 
 imprisonment for
respondent's second or subsequent 
 violation of a protective order 
 unless the court explicitly finds that an increased 
 penalty or that
period of imprisonment would be manifestly 
 unjust.

  (4) In addition to any other penalties imposed for a 
 violation of a protective order, a criminal court may 
 consider evidence of any
violations of a protective order:

   (i) to increase, revoke, or modify the bail bond 
 on an underlying
criminal charge pursuant to Section 
 110-6 of this Code;

   (ii) to revoke or modify an order of probation, 
 conditional discharge, or
supervision, pursuant to 
 Section 5-6-4 of the Unified Code of Corrections;

   (iii) to revoke or modify a sentence of periodic 
 imprisonment, pursuant
to Section 5-7-2 of the Unified 
 Code of Corrections.

(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21.)

 (Text of Section after amendment by P.A. 101-652)
 Sec. 112A-23. Enforcement of protective orders. 

 (a) When violation is crime. A violation of any protective 
order,
whether issued in a civil, quasi-criminal proceeding, 
shall be
enforced by a
criminal court when:

  (1) The respondent commits the crime of violation of a 
 domestic violence order of
protection pursuant to Section 
 12-3.4 or 12-30 of the Criminal Code of
1961 or the 
 Criminal Code of 2012, by
having knowingly violated:

   (i) remedies described in paragraph paragraphs 
 (1), (2), (3), (14),
or
(14.5)
of subsection (b) of 
 Section 112A-14 of this Code,

   (ii) a remedy, which is substantially similar to 
 the remedies
authorized
under paragraph paragraphs 
 (1), (2), (3), (14), or (14.5) of subsection (b) of 
 Section 214
of the Illinois Domestic Violence Act of 
 1986, in a valid order of protection,
which is 
 authorized under the laws of another state, tribe, or 
 United States
territory, or

   (iii) any other remedy when the act
constitutes a 
 crime against the protected parties as defined by the 
 Criminal
Code of 1961 or the Criminal Code of 2012.

  Prosecution for a violation of a domestic violence 
 order of protection shall
not bar concurrent prosecution 
 for any other crime, including any crime
that may have 
 been committed at the time of the violation of the 
 domestic violence order
of protection; or

  (2) The respondent commits the crime of child 
 abduction pursuant
to Section 10-5 of the Criminal Code of 
 1961 or the Criminal Code of 2012, by having knowingly 
 violated:

   (i) remedies described in paragraph paragraphs 
 (5), (6), or (8) of subsection
(b)
of
Section 112A-14 
 of this Code, or

   (ii) a remedy, which is substantially similar to 
 the remedies
authorized
under paragraph paragraphs 
 (1),
(5), (6), or (8) of subsection (b) of Section 214

 of the Illinois Domestic Violence Act of 1986, in a 
 valid domestic violence order of protection,
which is 
 authorized under the laws of another state, tribe, or 
 United States
territory.

  (3) The respondent commits the crime of violation of a 
 civil no contact order when the respondent violates 
 Section 12-3.8 of the Criminal Code of 2012.
Prosecution 
 for a violation of a civil no contact order shall not bar 
 concurrent prosecution for any other crime, including any 
 crime that may have been committed at the time of the 
 violation of the civil no contact order.
  (4) The respondent commits the crime of violation of a 
 stalking no contact order when the respondent violates 
 Section 12-3.9 of the Criminal Code of 2012.
Prosecution 
 for a violation of a stalking no contact order shall not 
 bar concurrent prosecution for any other crime, including 
 any crime that may have been committed at the time of the 
 violation of the stalking no contact order. 
 (b) When violation is contempt of court. A violation of 
any valid protective order, whether issued in a civil or 
criminal
proceeding, may be enforced through civil or criminal 
contempt procedures,
as appropriate, by any court with 
jurisdiction, regardless where the act or
acts which violated 
the protective order were committed, to the extent
consistent 
with the venue provisions of this Article. Nothing in this

Article shall preclude any Illinois court from enforcing any 
valid protective order issued in another state. Illinois 
courts may enforce protective orders through both criminal 
prosecution and contempt proceedings,
unless the action which 
is second in time is barred by collateral estoppel
or the 
constitutional prohibition against double jeopardy.

  (1) In a contempt proceeding where the petition for a 
 rule to show
cause sets forth facts evidencing an 
 immediate danger that the
respondent will flee the 
 jurisdiction, conceal a child, or inflict physical
abuse 
 on the petitioner or minor children or on dependent adults 
 in
petitioner's care, the court may order the
attachment 
 of the respondent without prior service of the rule to 
 show
cause or the petition for a rule to show cause. Bond 
 shall be set unless
specifically denied in writing.

  (2) A petition for a rule to show cause for violation 
 of a protective order shall be treated as an expedited 
 proceeding.

 (c) Violation of custody, allocation of parental 
responsibility, or support orders. A violation of remedies

described in paragraph paragraphs (5), (6), (8), or (9) of 
subsection (b) of Section
112A-14 of this Code may be enforced 
by any remedy provided by Section 607.5 of
the Illinois 
Marriage and Dissolution of Marriage Act. The court may

enforce any order for support issued under paragraph (12) of 
subsection (b)
of Section 112A-14 of this Code in the manner 
provided for under Parts
V and VII of the
Illinois Marriage and 
Dissolution of Marriage Act.

 (d) Actual knowledge. A protective order may be
enforced 
pursuant to this Section if the respondent violates the order

after the respondent has actual knowledge of its contents
as 
shown through one of the following means:

  (1) (Blank).

  (2) (Blank).

  (3) By service of a protective order under subsection 
 (f) of Section 112A-17.5 or Section 112A-22 of this Code.

  (4) By other means demonstrating actual knowledge of 
 the contents of the order.

 (e) The enforcement of a protective order in civil or 
criminal court
shall not be affected by either of the 
following:

  (1) The existence of a separate, correlative order 
 entered under Section
112A-15 of this Code.

  (2) Any finding or order entered in a conjoined 
 criminal proceeding.

 (e-5) If a civil no contact order entered under subsection 
(6) of Section 112A-20 of the Code of Criminal Procedure of 
1963 conflicts with an order issued pursuant to the Juvenile 
Court Act of 1987 or the Illinois Marriage and Dissolution of 
Marriage Act, the conflicting order issued under subsection 
(6) of Section 112A-20 of the Code of Criminal Procedure of 
1963 shall be void.
 (f) Circumstances. The court, when determining whether or 
not a
violation of a protective order has occurred, shall not 
require
physical manifestations of abuse on the person of the 
victim.

 (g) Penalties.

  (1) Except as provided in paragraph (3) of this

 subsection (g), where the court finds the commission of a 
 crime or contempt of
court under subsection subsections 
 (a) or (b) of this Section, the penalty shall be
the 
 penalty that generally applies in such criminal or 
 contempt
proceedings, and may include one or more of the 
 following: incarceration,
payment of restitution, a fine, 
 payment of attorneys' fees and costs, or
community 
 service.

  (2) The court shall hear and take into account 
 evidence of any factors
in aggravation or mitigation 
 before deciding an appropriate penalty under
paragraph (1) 
 of this subsection (g).

  (3) To the extent permitted by law, the court is 
 encouraged to:

   (i) increase the penalty for the knowing violation 
 of
any protective order over any penalty previously 
 imposed by any court
for respondent's violation of any 
 protective order or penal statute
involving petitioner 
 as victim and respondent as defendant;

   (ii) impose a minimum penalty of 24 hours 
 imprisonment for respondent's
first violation of any 
 protective order; and

   (iii) impose a minimum penalty of 48 hours 
 imprisonment for
respondent's second or subsequent 
 violation of a protective order 
 unless the court explicitly finds that an increased 
 penalty or that
period of imprisonment would be manifestly 
 unjust.

  (4) In addition to any other penalties imposed for a 
 violation of a protective order, a criminal court may 
 consider evidence of any
violations of a protective order:

   (i) to modify the conditions of pretrial release 
 on an underlying
criminal charge pursuant to Section 
 110-6 of this Code;

   (ii) to revoke or modify an order of probation, 
 conditional discharge, or
supervision, pursuant to 
 Section 5-6-4 of the Unified Code of Corrections;

   (iii) to revoke or modify a sentence of periodic 
 imprisonment, pursuant
to Section 5-7-2 of the Unified 
 Code of Corrections.

(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22; 
102-558, eff. 8-20-21; revised 10-12-21.)


 (725 ILCS 5/122-9)
 (This Section may contain text from a Public Act with a 
delayed effective date)
 Sec. 122-9 123. Motion to resentence by the People.
 (a) The purpose of sentencing is to advance public safety 
through punishment, rehabilitation, and restorative justice. 
By providing a means to reevaluate a sentence after some time 
has passed, the General Assembly intends to provide the 
State's Attorney and the court with another tool to ensure 
that these purposes are achieved.
 (b) At any time upon the recommendation of the State's 
Attorney of the county in which the defendant was sentenced, 
the State's Attorney may petition the sentencing court or the 
sentencing court's successor to resentence the offender if the 
original sentence no longer advances the interests of justice. 
The sentencing court or the sentencing court's successor may 
resentence the offender if it finds that the original sentence 
no longer advances the interests of justice.
 (c) Upon the receipt of a petition for resentencing, the 
court may resentence the defendant in the same manner as if the 
offender had not previously been sentenced; however, the new 
sentence, if any, may not be greater than the initial 
sentence.
 (d) The court may consider postconviction factors, 
including, but not limited to, the inmate's disciplinary 
record and record of rehabilitation while incarcerated; 
evidence that reflects whether age, time served, and 
diminished physical condition, if any, have reduced the 
inmate's risk for future violence; and evidence that reflects 
changed circumstances since the inmate's original sentencing 
such that the inmate's continued incarceration no longer 
serves the interests of justice. Credit shall be given for 
time served.
 (e) Victims shall be afforded all rights as outlined in 
the Rights of Crime Victims and Witnesses Act.
 (f) A resentencing under this Section shall not reopen the 
defendant's conviction to challenges that would otherwise be 
barred.
 (g) Nothing in this Section shall be construed to limit 
the power of the Governor under the Constitution to grant a 
reprieve, commutation of sentence, or pardon. 

(Source: P.A. 102-102, eff. 1-1-22; revised 9-29-21.)

 Section 630. The Rights of Crime Victims and Witnesses Act 
is amended by changing Section 4.5 as follows:



 (725 ILCS 120/4.5)

 (Text of Section before amendment by P.A. 101-652)
 Sec. 4.5. Procedures to implement the rights of crime 
victims. To afford
crime victims their rights, law 
enforcement, prosecutors, judges, and
corrections will provide 
information, as appropriate, of the following
procedures:

 (a) At the request of the crime victim, law enforcement 
authorities
investigating the case shall provide notice of the 
status of the investigation,
except where the State's Attorney 
determines that disclosure of such
information would 
unreasonably interfere with the investigation, until such
time 
as the alleged assailant is apprehended or the investigation 
is closed.

 (a-5) When law enforcement authorities reopen a closed 
case to resume investigating, they shall provide notice of the 
reopening of the case, except where the State's Attorney 
determines that disclosure of such information would 
unreasonably interfere with the investigation. 
 (b) The office of the State's Attorney:

  (1) shall provide notice of the filing of an 
 information, the return of an
indictment, or the
filing of 
 a petition to adjudicate a minor as a delinquent for a 
 violent
crime;

  (2) shall provide timely notice of the date, time, and 
 place of court proceedings; of any change in the date, 
 time, and place of court proceedings; and of any 
 cancellation of court proceedings. Notice shall be 
 provided in sufficient time, wherever possible, for the 
 victim to
make arrangements to attend or to prevent an 
 unnecessary appearance at court proceedings;

  (3) or victim advocate personnel shall provide 
 information of social
services and financial assistance 
 available for victims of crime, including
information of 
 how to apply for these services and assistance;

  (3.5) or victim advocate personnel shall provide 
 information about available victim services, including 
 referrals to programs, counselors, and agencies that 
 assist a victim to deal with trauma, loss, and grief; 
  (4) shall assist in having any stolen or other 
 personal property held by
law enforcement authorities for 
 evidentiary or other purposes returned as
expeditiously as 
 possible, pursuant to the procedures set out in Section 
 115-9
of the Code of Criminal Procedure of 1963;

  (5) or victim advocate personnel shall provide 
 appropriate employer
intercession services to ensure that 
 employers of victims will cooperate with
the criminal 
 justice system in order to minimize an employee's loss of 
 pay and
other benefits resulting from court appearances;

  (6) shall provide, whenever possible, a secure waiting

 area during court proceedings that does not require 
 victims to be in close
proximity to defendants or 
 juveniles accused of a violent crime, and their
families 
 and friends;

  (7) shall provide notice to the crime victim of the 
 right to have a
translator present at all court 
 proceedings and, in compliance with the federal Americans

 with Disabilities Act of 1990, the right to communications 
 access through a
sign language interpreter or by other 
 means;

  (8) (blank);

  (8.5) shall inform the victim of the right to be 
 present at all court proceedings, unless the victim is to 
 testify and the court determines that the victim's 
 testimony would be materially affected if the victim hears 
 other testimony at trial; 
  (9) shall inform the victim of the right to have 
 present at all court
proceedings, subject to the rules of 
 evidence and confidentiality, an advocate and other 
 support
person of the victim's choice; 
  (9.3) shall inform the victim of the right to retain 
 an attorney, at the
victim's own expense, who, upon 
 written notice filed with the clerk of the
court and 
 State's Attorney, is to receive copies of all notices, 
 motions, and
court orders filed thereafter in the case, in 
 the same manner as if the victim
were a named party in the 
 case;

  (9.5) shall inform the victim of (A) the victim's 
 right under Section 6 of this Act to make a statement at 
 the sentencing hearing; (B) the right of the victim's 
 spouse, guardian, parent, grandparent, and other immediate 
 family and household members under Section 6 of this Act 
 to present a statement at sentencing; and (C) if a 
 presentence report is to be prepared, the right of the 
 victim's spouse, guardian, parent, grandparent, and other 
 immediate family and household members to submit 
 information to the preparer of the presentence report 
 about the effect the offense has had on the victim and the 
 person;
  (10) at the sentencing shall make a good faith attempt 
 to explain
the minimum amount of time during which the 
 defendant may actually be
physically imprisoned. The 
 Office of the State's Attorney shall further notify
the 
 crime victim of the right to request from the Prisoner 
 Review Board
or Department of Juvenile Justice information 
 concerning the release of the defendant;

  (11) shall request restitution at sentencing and as 
 part of a plea agreement if the victim requests 
 restitution;

  (12) shall, upon the court entering a verdict of not 
 guilty by reason of insanity, inform the victim of the 
 notification services available from the Department of 
 Human Services, including the statewide telephone number, 
 under subparagraph (d)(2) of this Section; 

  (13) shall provide notice within a reasonable time 
 after receipt of notice from
the custodian, of the release 
 of the defendant on bail or personal recognizance
or the 
 release from detention of a minor who has been detained;

  (14) shall explain in nontechnical language the 
 details of any plea or verdict of
a defendant, or any 
 adjudication of a juvenile as a delinquent;

  (15) shall make all reasonable efforts to consult with 
 the crime victim before the Office of
the State's Attorney 
 makes an offer of a plea bargain to the defendant or
enters 
 into negotiations with the defendant concerning a possible 
 plea
agreement, and shall consider the written statement, 
 if prepared
prior to entering into a plea agreement. The 
 right to consult with the prosecutor does not include the 
 right to veto a plea agreement or to insist the case go to 
 trial. If the State's Attorney has not consulted with the 
 victim prior to making an offer or entering into plea 
 negotiations with the defendant, the Office of the State's 
 Attorney shall notify the victim of the offer or the 
 negotiations within 2 business days and confer with the 
 victim;

  (16) shall provide notice of the ultimate disposition 
 of the cases arising from
an indictment or an information, 
 or a petition to have a juvenile adjudicated
as a 
 delinquent for a violent crime;

  (17) shall provide notice of any appeal taken by the 
 defendant and information
on how to contact the 
 appropriate agency handling the appeal, and how to request 
 notice of any hearing, oral argument, or decision of an 
 appellate court;

  (18) shall provide timely notice of any request for 
 post-conviction review filed by the
defendant under 
 Article 122 of the Code of Criminal Procedure of 1963, and 
 of
the date, time and place of any hearing concerning the 
 petition. Whenever
possible, notice of the hearing shall 
 be given within 48 hours of the court's scheduling of the 
 hearing; and

  (19) shall forward a copy of any statement presented 
 under Section 6 to the
Prisoner Review Board or Department 
 of Juvenile Justice to be considered in making a 
 determination
under Section 3-2.5-85 or subsection (b) of 
 Section 3-3-8 of the Unified Code of Corrections.

 (c) The court shall ensure that the rights of the victim 
are afforded. 
 (c-5) The following procedures shall be followed to afford 
victims the rights guaranteed by Article I, Section 8.1 of the 
Illinois Constitution:
  (1) Written notice. A victim may complete a written 
 notice of intent to assert rights on a form prepared by the 
 Office of the Attorney General and provided to the victim 
 by the State's Attorney. The victim may at any time 
 provide a revised written notice to the State's Attorney. 
 The State's Attorney shall file the written notice with 
 the court. At the beginning of any court proceeding in 
 which the right of a victim may be at issue, the court and 
 prosecutor shall review the written notice to determine 
 whether the victim has asserted the right that may be at 
 issue.
  (2) Victim's retained attorney. A victim's attorney 
 shall file an entry of appearance limited to assertion of 
 the victim's rights. Upon the filing of the entry of 
 appearance and service on the State's Attorney and the 
 defendant, the attorney is to receive copies of all 
 notices, motions and court orders filed thereafter in the 
 case.
  (3) Standing. The victim has standing to assert the 
 rights enumerated in subsection (a) of Article I, Section 
 8.1 of the Illinois Constitution and the statutory rights 
 under Section 4 of this Act in any court exercising 
 jurisdiction over the criminal case. The prosecuting 
 attorney, a victim, or the victim's retained attorney may 
 assert the victim's rights. The defendant in the criminal 
 case has no standing to assert a right of the victim in any 
 court proceeding, including on appeal.
  (4) Assertion of and enforcement of rights.
   (A) The prosecuting attorney shall assert a 
 victim's right or request enforcement of a right by 
 filing a motion or by orally asserting the right or 
 requesting enforcement in open court in the criminal 
 case outside the presence of the jury. The prosecuting 
 attorney shall consult with the victim and the 
 victim's attorney regarding the assertion or 
 enforcement of a right. If the prosecuting attorney 
 decides not to assert or enforce a victim's right, the 
 prosecuting attorney shall notify the victim or the 
 victim's attorney in sufficient time to allow the 
 victim or the victim's attorney to assert the right or 
 to seek enforcement of a right.
   (B) If the prosecuting attorney elects not to 
 assert a victim's right or to seek enforcement of a 
 right, the victim or the victim's attorney may assert 
 the victim's right or request enforcement of a right 
 by filing a motion or by orally asserting the right or 
 requesting enforcement in open court in the criminal 
 case outside the presence of the jury.
   (C) If the prosecuting attorney asserts a victim's 
 right or seeks enforcement of a right, and the court 
 denies the assertion of the right or denies the 
 request for enforcement of a right, the victim or 
 victim's attorney may file a motion to assert the 
 victim's right or to request enforcement of the right 
 within 10 days of the court's ruling. The motion need 
 not demonstrate the grounds for a motion for 
 reconsideration. The court shall rule on the merits of 
 the motion.
   (D) The court shall take up and decide any motion 
 or request asserting or seeking enforcement of a 
 victim's right without delay, unless a specific time 
 period is specified by law or court rule. The reasons 
 for any decision denying the motion or request shall 
 be clearly stated on the record.
  (5) Violation of rights and remedies. 
   (A) If the court determines that a victim's right 
 has been violated, the court shall determine the 
 appropriate remedy for the violation of the victim's 
 right by hearing from the victim and the parties, 
 considering all factors relevant to the issue, and 
 then awarding appropriate relief to the victim.
   (A-5) Consideration of an issue of a substantive 
 nature or an issue that implicates the constitutional 
 or statutory right of a victim at a court proceeding 
 labeled as a status hearing shall constitute a per se 
 violation of a victim's right. 
   (B) The appropriate remedy shall include only 
 actions necessary to provide the victim the right to 
 which the victim was entitled and may include 
 reopening previously held proceedings; however, in no 
 event shall the court vacate a conviction. Any remedy 
 shall be tailored to provide the victim an appropriate 
 remedy without violating any constitutional right of 
 the defendant. In no event shall the appropriate 
 remedy be a new trial, damages, or costs.
  (6) Right to be heard. Whenever a victim has the right 
 to be heard, the court shall allow the victim to exercise 
 the right in any reasonable manner the victim chooses.
  (7) Right to attend trial. A party must file a written 
 motion to exclude a victim from trial at least 60 days 
 prior to the date set for trial. The motion must state with 
 specificity the reason exclusion is necessary to protect a 
 constitutional right of the party, and must contain an 
 offer of proof. The court shall rule on the motion within 
 30 days. If the motion is granted, the court shall set 
 forth on the record the facts that support its finding 
 that the victim's testimony will be materially affected if 
 the victim hears other testimony at trial.
  (8) Right to have advocate and support person present 
 at court proceedings.
   (A) A party who intends to call an advocate as a 
 witness at trial must seek permission of the court 
 before the subpoena is issued. The party must file a 
 written motion at least 90 days before trial that sets 
 forth specifically the issues on which the advocate's 
 testimony is sought and an offer of proof regarding 
 (i) the content of the anticipated testimony of the 
 advocate; and (ii) the relevance, admissibility, and 
 materiality of the anticipated testimony. The court 
 shall consider the motion and make findings within 30 
 days of the filing of the motion. If the court finds by 
 a preponderance of the evidence that: (i) the 
 anticipated testimony is not protected by an absolute 
 privilege; and (ii) the anticipated testimony contains 
 relevant, admissible, and material evidence that is 
 not available through other witnesses or evidence, the 
 court shall issue a subpoena requiring the advocate to 
 appear to testify at an in camera hearing. The 
 prosecuting attorney and the victim shall have 15 days 
 to seek appellate review before the advocate is 
 required to testify at an ex parte in camera 
 proceeding. 
   The prosecuting attorney, the victim, and the 
 advocate's attorney shall be allowed to be present at 
 the ex parte in camera proceeding. If, after 
 conducting the ex parte in camera hearing, the court 
 determines that due process requires any testimony 
 regarding confidential or privileged information or 
 communications, the court shall provide to the 
 prosecuting attorney, the victim, and the advocate's 
 attorney a written memorandum on the substance of the 
 advocate's testimony. The prosecuting attorney, the 
 victim, and the advocate's attorney shall have 15 days 
 to seek appellate review before a subpoena may be 
 issued for the advocate to testify at trial. The 
 presence of the prosecuting attorney at the ex parte 
 in camera proceeding does not make the substance of 
 the advocate's testimony that the court has ruled 
 inadmissible subject to discovery.
   (B) If a victim has asserted the right to have a 
 support person present at the court proceedings, the 
 victim shall provide the name of the person the victim 
 has chosen to be the victim's support person to the 
 prosecuting attorney, within 60 days of trial. The 
 prosecuting attorney shall provide the name to the 
 defendant. If the defendant intends to call the 
 support person as a witness at trial, the defendant 
 must seek permission of the court before a subpoena is 
 issued. The defendant must file a written motion at 
 least 45 days prior to trial that sets forth 
 specifically the issues on which the support person 
 will testify and an offer of proof regarding: (i) the 
 content of the anticipated testimony of the support 
 person; and (ii) the relevance, admissibility, and 
 materiality of the anticipated testimony.
   If the prosecuting attorney intends to call the 
 support person as a witness during the State's 
 case-in-chief, the prosecuting attorney shall inform 
 the court of this intent in the response to the 
 defendant's written motion. The victim may choose a 
 different person to be the victim's support person. 
 The court may allow the defendant to inquire about 
 matters outside the scope of the direct examination 
 during cross-examination. If the court allows the 
 defendant to do so, the support person shall be 
 allowed to remain in the courtroom after the support 
 person has testified. A defendant who fails to 
 question the support person about matters outside the 
 scope of direct examination during the State's 
 case-in-chief waives the right to challenge the 
 presence of the support person on appeal. The court 
 shall allow the support person to testify if called as 
 a witness in the defendant's case-in-chief or the 
 State's rebuttal.
   If the court does not allow the defendant to 
 inquire about matters outside the scope of the direct 
 examination, the support person shall be allowed to 
 remain in the courtroom after the support person has 
 been called by the defendant or the defendant has 
 rested. The court shall allow the support person to 
 testify in the State's rebuttal.
   If the prosecuting attorney does not intend to 
 call the support person in the State's case-in-chief, 
 the court shall verify with the support person whether 
 the support person, if called as a witness, would 
 testify as set forth in the offer of proof. If the 
 court finds that the support person would testify as 
 set forth in the offer of proof, the court shall rule 
 on the relevance, materiality, and admissibility of 
 the anticipated testimony. If the court rules the 
 anticipated testimony is admissible, the court shall 
 issue the subpoena. The support person may remain in 
 the courtroom after the support person testifies and 
 shall be allowed to testify in rebuttal.
   If the court excludes the victim's support person 
 during the State's case-in-chief, the victim shall be 
 allowed to choose another support person to be present 
 in court. 
   If the victim fails to designate a support person 
 within 60 days of trial and the defendant has 
 subpoenaed the support person to testify at trial, the 
 court may exclude the support person from the trial 
 until the support person testifies. If the court 
 excludes the support person the victim may choose 
 another person as a support person. 
  (9) Right to notice and hearing before disclosure of 
 confidential or privileged information or records. A 
 defendant who seeks to subpoena records of or concerning 
 the victim that are confidential or privileged by law must 
 seek permission of the court before the subpoena is 
 issued. The defendant must file a written motion and an 
 offer of proof regarding the relevance, admissibility and 
 materiality of the records. If the court finds by a 
 preponderance of the evidence that: (A) the records are 
 not protected by an absolute privilege and (B) the records 
 contain relevant, admissible, and material evidence that 
 is not available through other witnesses or evidence, the 
 court shall issue a subpoena requiring a sealed copy of 
 the records be delivered to the court to be reviewed in 
 camera. If, after conducting an in camera review of the 
 records, the court determines that due process requires 
 disclosure of any portion of the records, the court shall 
 provide copies of what it intends to disclose to the 
 prosecuting attorney and the victim. The prosecuting 
 attorney and the victim shall have 30 days to seek 
 appellate review before the records are disclosed to the 
 defendant. The disclosure of copies of any portion of the 
 records to the prosecuting attorney does not make the 
 records subject to discovery.
  (10) Right to notice of court proceedings. If the 
 victim is not present at a court proceeding in which a 
 right of the victim is at issue, the court shall ask the 
 prosecuting attorney whether the victim was notified of 
 the time, place, and purpose of the court proceeding and 
 that the victim had a right to be heard at the court 
 proceeding. If the court determines that timely notice was 
 not given or that the victim was not adequately informed 
 of the nature of the court proceeding, the court shall not 
 rule on any substantive issues, accept a plea, or impose a 
 sentence and shall continue the hearing for the time 
 necessary to notify the victim of the time, place and 
 nature of the court proceeding. The time between court 
 proceedings shall not be attributable to the State under 
 Section 103-5 of the Code of Criminal Procedure of 1963.
  (11) Right to timely disposition of the case. A victim 
 has the right to timely disposition of the case so as to 
 minimize the stress, cost, and inconvenience resulting 
 from the victim's involvement in the case. Before ruling 
 on a motion to continue trial or other court proceeding, 
 the court shall inquire into the circumstances for the 
 request for the delay and, if the victim has provided 
 written notice of the assertion of the right to a timely 
 disposition, and whether the victim objects to the delay. 
 If the victim objects, the prosecutor shall inform the 
 court of the victim's objections. If the prosecutor has 
 not conferred with the victim about the continuance, the 
 prosecutor shall inform the court of the attempts to 
 confer. If the court finds the attempts of the prosecutor 
 to confer with the victim were inadequate to protect the 
 victim's right to be heard, the court shall give the 
 prosecutor at least 3 but not more than 5 business days to 
 confer with the victim. In ruling on a motion to continue, 
 the court shall consider the reasons for the requested 
 continuance, the number and length of continuances that 
 have been granted, the victim's objections and procedures 
 to avoid further delays. If a continuance is granted over 
 the victim's objection, the court shall specify on the 
 record the reasons for the continuance and the procedures 
 that have been or will be taken to avoid further delays.
  (12) Right to Restitution.
   (A) If the victim has asserted the right to 
 restitution and the amount of restitution is known at 
 the time of sentencing, the court shall enter the 
 judgment of restitution at the time of sentencing. 
   (B) If the victim has asserted the right to 
 restitution and the amount of restitution is not known 
 at the time of sentencing, the prosecutor shall, 
 within 5 days after sentencing, notify the victim what 
 information and documentation related to restitution 
 is needed and that the information and documentation 
 must be provided to the prosecutor within 45 days 
 after sentencing. Failure to timely provide 
 information and documentation related to restitution 
 shall be deemed a waiver of the right to restitution. 
 The prosecutor shall file and serve within 60 days 
 after sentencing a proposed judgment for restitution 
 and a notice that includes information concerning the 
 identity of any victims or other persons seeking 
 restitution, whether any victim or other person 
 expressly declines restitution, the nature and amount 
 of any damages together with any supporting 
 documentation, a restitution amount recommendation, 
 and the names of any co-defendants and their case 
 numbers. Within 30 days after receipt of the proposed 
 judgment for restitution, the defendant shall file any 
 objection to the proposed judgment, a statement of 
 grounds for the objection, and a financial statement. 
 If the defendant does not file an objection, the court 
 may enter the judgment for restitution without further 
 proceedings. If the defendant files an objection and 
 either party requests a hearing, the court shall 
 schedule a hearing. 
  (13) Access to presentence reports.
   (A) The victim may request a copy of the 
 presentence report prepared under the Unified Code of 
 Corrections from the State's Attorney. The State's 
 Attorney shall redact the following information before 
 providing a copy of the report:
    (i) the defendant's mental history and 
 condition;
    (ii) any evaluation prepared under subsection 
 (b) or (b-5) of Section 5-3-2; and
    (iii) the name, address, phone number, and 
 other personal information about any other victim.
   (B) The State's Attorney or the defendant may 
 request the court redact other information in the 
 report that may endanger the safety of any person.
   (C) The State's Attorney may orally disclose to 
 the victim any of the information that has been 
 redacted if there is a reasonable likelihood that the 
 information will be stated in court at the sentencing.
   (D) The State's Attorney must advise the victim 
 that the victim must maintain the confidentiality of 
 the report and other information. Any dissemination of 
 the report or information that was not stated at a 
 court proceeding constitutes indirect criminal 
 contempt of court. 
  (14) Appellate relief. If the trial court denies the 
 relief requested, the victim, the victim's attorney, or 
 the prosecuting attorney may file an appeal within 30 days 
 of the trial court's ruling. The trial or appellate court 
 may stay the court proceedings if the court finds that a 
 stay would not violate a constitutional right of the 
 defendant. If the appellate court denies the relief 
 sought, the reasons for the denial shall be clearly stated 
 in a written opinion. In any appeal in a criminal case, the 
 State may assert as error the court's denial of any crime 
 victim's right in the proceeding to which the appeal 
 relates.
  (15) Limitation on appellate relief. In no case shall 
 an appellate court provide a new trial to remedy the 
 violation of a victim's right. 
  (16) The right to be reasonably protected from the 
 accused throughout the criminal justice process and the 
 right to have the safety of the victim and the victim's 
 family considered in denying or fixing the amount of bail, 
 determining whether to release the defendant, and setting 
 conditions of release after arrest and conviction. A 
 victim of domestic violence, a sexual offense, or stalking 
 may request the entry of a protective order under Article 
 112A of the Code of Criminal Procedure of 1963. 
 (d) Procedures after the imposition of sentence.
  (1) The Prisoner Review Board shall inform a victim or 
 any other
concerned citizen, upon written request, of the 
 prisoner's release on parole,
mandatory supervised 
 release, electronic detention, work release, international 
 transfer or exchange, or by the
custodian, other than the 
 Department of Juvenile Justice, of the discharge of any 
 individual who was adjudicated a delinquent
for a crime 
 from State custody and by the sheriff of the appropriate

 county of any such person's final discharge from county 
 custody.
The Prisoner Review Board, upon written request, 
 shall provide to a victim or
any other concerned citizen a 
 recent photograph of any person convicted of a
felony, 
 upon his or her release from custody.
The Prisoner
Review 
 Board, upon written request, shall inform a victim or any 
 other
concerned citizen when feasible at least 7 days 
 prior to the prisoner's release
on furlough of the times 
 and dates of such furlough. Upon written request by
the 
 victim or any other concerned citizen, the State's 
 Attorney shall notify
the person once of the times and 
 dates of release of a prisoner sentenced to
periodic 
 imprisonment. Notification shall be based on the most 
 recent
information as to the victim's or other concerned 
 citizen's residence or other
location available to the 
 notifying authority.


  (2) When the defendant has been committed to the 
 Department of
Human Services pursuant to Section 5-2-4 or 
 any other
provision of the Unified Code of Corrections, 
 the victim may request to be
notified by the releasing 
 authority of the approval by the court of an on-grounds 
 pass, a supervised off-grounds pass, an unsupervised 
 off-grounds pass, or conditional release; the release on 
 an off-grounds pass; the return from an off-grounds pass; 
 transfer to another facility; conditional release; escape; 
 death; or final discharge from State
custody. The 
 Department of Human Services shall establish and maintain 
 a statewide telephone number to be used by victims to make 
 notification requests under these provisions and shall 
 publicize this telephone number on its website and to the 
 State's Attorney of each county.

  (3) In the event of an escape from State custody, the 
 Department of
Corrections or the Department of Juvenile 
 Justice immediately shall notify the Prisoner Review Board 
 of the escape
and the Prisoner Review Board shall notify 
 the victim. The notification shall
be based upon the most 
 recent information as to the victim's residence or other

 location available to the Board. When no such information 
 is available, the
Board shall make all reasonable efforts 
 to obtain the information and make
the notification. When 
 the escapee is apprehended, the Department of
Corrections 
 or the Department of Juvenile Justice immediately shall 
 notify the Prisoner Review Board and the Board
shall 
 notify the victim.

  (4) The victim of the crime for which the prisoner has 
 been sentenced
has the right to register with the Prisoner 
 Review Board's victim registry. Victims registered with 
 the Board shall receive reasonable written notice not less 
 than 30 days prior to the
parole hearing or target 
 aftercare release date. The victim has the right to submit 
 a victim statement for consideration by the Prisoner 
 Review Board or the Department of Juvenile Justice in 
 writing, on film, videotape, or other electronic means, or 
 in the form of a recording prior to the parole hearing or 
 target aftercare release date, or in person at the parole 
 hearing or aftercare release protest hearing, or by 
 calling the toll-free number established in subsection (f) 
 of this Section. The
victim shall be notified within 7 
 days after the prisoner has been granted
parole or 
 aftercare release and shall be informed of the right to 
 inspect the registry of parole
decisions, established 
 under subsection (g) of Section 3-3-5 of the Unified
Code 
 of Corrections. The provisions of this paragraph (4) are 
 subject to the
Open Parole Hearings Act. Victim statements 
 provided to the Board shall be confidential and 
 privileged, including any statements received prior to 
 January 1, 2020 (the effective date of Public Act 
 101-288), except if the statement was an oral statement 
 made by the victim at a hearing open to the public.

  (4-1) The crime victim has the right to submit a 
 victim statement for consideration by the Prisoner Review 
 Board or the Department of Juvenile Justice prior to or at 
 a hearing to determine the conditions of mandatory 
 supervised release of a person sentenced to a determinate 
 sentence or at a hearing on revocation of mandatory 
 supervised release of a person sentenced to a determinate 
 sentence. A victim statement may be submitted in writing, 
 on film, videotape, or other electronic means, or in the 
 form of a recording, or orally at a hearing, or by calling 
 the toll-free number established in subsection (f) of this 
 Section. Victim statements provided to the Board shall be 
 confidential and privileged, including any statements 
 received prior to January 1, 2020 (the effective date of 
 Public Act 101-288), except if the statement was an oral 
 statement made by the victim at a hearing open to the 
 public. 
  (4-2) The crime victim has the right to submit a 
 victim statement to the Prisoner Review Board for 
 consideration at an executive clemency hearing as provided 
 in Section 3-3-13 of the Unified Code of Corrections. A 
 victim statement may be submitted in writing, on film, 
 videotape, or other electronic means, or in the form of a 
 recording prior to a hearing, or orally at a hearing, or by 
 calling the toll-free number established in subsection (f) 
 of this Section. Victim statements provided to the Board 
 shall be confidential and privileged, including any 
 statements received prior to January 1, 2020 (the 
 effective date of Public Act 101-288), except if the 
 statement was an oral statement made by the victim at a 
 hearing open to the public. 
  (5) If a statement is presented under Section 6, the 
 Prisoner Review Board or Department of Juvenile Justice

 shall inform the victim of any order of discharge pursuant

 to Section 3-2.5-85 or 3-3-8 of the Unified Code of 
 Corrections.

  (6) At the written or oral request of the victim of the 
 crime for which the
prisoner was sentenced or the State's 
 Attorney of the county where the person seeking parole or 
 aftercare release was prosecuted, the Prisoner Review 
 Board or Department of Juvenile Justice shall notify the 
 victim and the State's Attorney of the county where the 
 person seeking parole or aftercare release was prosecuted 
 of
the death of the prisoner if the prisoner died while on 
 parole or aftercare release or mandatory
supervised 
 release.

  (7) When a defendant who has been committed to the 
 Department of
Corrections, the Department of Juvenile 
 Justice, or the Department of Human Services is released 
 or discharged and
subsequently committed to the Department 
 of Human Services as a sexually
violent person and the 
 victim had requested to be notified by the releasing

 authority of the defendant's discharge, conditional 
 release, death, or escape from State custody, the 
 releasing
authority shall provide to the Department of 
 Human Services such information
that would allow the 
 Department of Human Services to contact the victim.

  (8) When a defendant has been convicted of a sex 
 offense as defined in Section 2 of the Sex Offender 
 Registration Act and has been sentenced to the Department 
 of Corrections or the Department of Juvenile Justice, the 
 Prisoner Review Board or the Department of Juvenile 
 Justice shall notify the victim of the sex offense of the 
 prisoner's eligibility for release on parole, aftercare 
 release,
mandatory supervised release, electronic 
 detention, work release, international transfer or 
 exchange, or by the
custodian of the discharge of any 
 individual who was adjudicated a delinquent
for a sex 
 offense from State custody and by the sheriff of the 
 appropriate
county of any such person's final discharge 
 from county custody. The notification shall be made to the 
 victim at least 30 days, whenever possible, before release 
 of the sex offender. 
 (e) The officials named in this Section may satisfy some 
or all of their
obligations to provide notices and other 
information through participation in a
statewide victim and 
witness notification system established by the Attorney

General under Section 8.5 of this Act.

 (f) The Prisoner Review Board
shall establish a toll-free 
number that may be accessed by the crime victim to present a 
victim statement to the Board in accordance with paragraphs 
(4), (4-1), and (4-2) of subsection (d).

(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; 
102-22, eff. 6-25-21; 102-558, eff. 8-20-21; revised 
12-13-21.)

 (Text of Section after amendment by P.A. 101-652)
 Sec. 4.5. Procedures to implement the rights of crime 
victims. To afford
crime victims their rights, law 
enforcement, prosecutors, judges, and
corrections will provide 
information, as appropriate, of the following
procedures:

 (a) At the request of the crime victim, law enforcement 
authorities
investigating the case shall provide notice of the 
status of the investigation,
except where the State's Attorney 
determines that disclosure of such
information would 
unreasonably interfere with the investigation, until such
time 
as the alleged assailant is apprehended or the investigation 
is closed.

 (a-5) When law enforcement authorities reopen a closed 
case to resume investigating, they shall provide notice of the 
reopening of the case, except where the State's Attorney 
determines that disclosure of such information would 
unreasonably interfere with the investigation. 
 (b) The office of the State's Attorney:

  (1) shall provide notice of the filing of an 
 information, the return of an
indictment, or the
filing of 
 a petition to adjudicate a minor as a delinquent for a 
 violent
crime;

  (2) shall provide timely notice of the date, time, and 
 place of court proceedings; of any change in the date, 
 time, and place of court proceedings; and of any 
 cancellation of court proceedings. Notice shall be 
 provided in sufficient time, wherever possible, for the 
 victim to
make arrangements to attend or to prevent an 
 unnecessary appearance at court proceedings;

  (3) or victim advocate personnel shall provide 
 information of social
services and financial assistance 
 available for victims of crime, including
information of 
 how to apply for these services and assistance;

  (3.5) or victim advocate personnel shall provide 
 information about available victim services, including 
 referrals to programs, counselors, and agencies that 
 assist a victim to deal with trauma, loss, and grief; 
  (4) shall assist in having any stolen or other 
 personal property held by
law enforcement authorities for 
 evidentiary or other purposes returned as
expeditiously as 
 possible, pursuant to the procedures set out in Section 
 115-9
of the Code of Criminal Procedure of 1963;

  (5) or victim advocate personnel shall provide 
 appropriate employer
intercession services to ensure that 
 employers of victims will cooperate with
the criminal 
 justice system in order to minimize an employee's loss of 
 pay and
other benefits resulting from court appearances;

  (6) shall provide, whenever possible, a secure waiting

 area during court proceedings that does not require 
 victims to be in close
proximity to defendants or 
 juveniles accused of a violent crime, and their
families 
 and friends;

  (7) shall provide notice to the crime victim of the 
 right to have a
translator present at all court 
 proceedings and, in compliance with the federal Americans

 with Disabilities Act of 1990, the right to communications 
 access through a
sign language interpreter or by other 
 means;

  (8) (blank);

  (8.5) shall inform the victim of the right to be 
 present at all court proceedings, unless the victim is to 
 testify and the court determines that the victim's 
 testimony would be materially affected if the victim hears 
 other testimony at trial; 
  (9) shall inform the victim of the right to have 
 present at all court
proceedings, subject to the rules of 
 evidence and confidentiality, an advocate and other 
 support
person of the victim's choice; 
  (9.3) shall inform the victim of the right to retain 
 an attorney, at the
victim's own expense, who, upon 
 written notice filed with the clerk of the
court and 
 State's Attorney, is to receive copies of all notices, 
 motions, and
court orders filed thereafter in the case, in 
 the same manner as if the victim
were a named party in the 
 case;

  (9.5) shall inform the victim of (A) the victim's 
 right under Section 6 of this Act to make a statement at 
 the sentencing hearing; (B) the right of the victim's 
 spouse, guardian, parent, grandparent, and other immediate 
 family and household members under Section 6 of this Act 
 to present a statement at sentencing; and (C) if a 
 presentence report is to be prepared, the right of the 
 victim's spouse, guardian, parent, grandparent, and other 
 immediate family and household members to submit 
 information to the preparer of the presentence report 
 about the effect the offense has had on the victim and the 
 person;
  (10) at the sentencing shall make a good faith attempt 
 to explain
the minimum amount of time during which the 
 defendant may actually be
physically imprisoned. The 
 Office of the State's Attorney shall further notify
the 
 crime victim of the right to request from the Prisoner 
 Review Board
or Department of Juvenile Justice information 
 concerning the release of the defendant;

  (11) shall request restitution at sentencing and as 
 part of a plea agreement if the victim requests 
 restitution;

  (12) shall, upon the court entering a verdict of not 
 guilty by reason of insanity, inform the victim of the 
 notification services available from the Department of 
 Human Services, including the statewide telephone number, 
 under subparagraph (d)(2) of this Section; 

  (13) shall provide notice within a reasonable time 
 after receipt of notice from
the custodian, of the release 
 of the defendant on pretrial release or personal 
 recognizance
or the release from detention of a minor who 
 has been detained;

  (14) shall explain in nontechnical language the 
 details of any plea or verdict of
a defendant, or any 
 adjudication of a juvenile as a delinquent;

  (15) shall make all reasonable efforts to consult with 
 the crime victim before the Office of
the State's Attorney 
 makes an offer of a plea bargain to the defendant or
enters 
 into negotiations with the defendant concerning a possible 
 plea
agreement, and shall consider the written statement, 
 if prepared
prior to entering into a plea agreement. The 
 right to consult with the prosecutor does not include the 
 right to veto a plea agreement or to insist the case go to 
 trial. If the State's Attorney has not consulted with the 
 victim prior to making an offer or entering into plea 
 negotiations with the defendant, the Office of the State's 
 Attorney shall notify the victim of the offer or the 
 negotiations within 2 business days and confer with the 
 victim;

  (16) shall provide notice of the ultimate disposition 
 of the cases arising from
an indictment or an information, 
 or a petition to have a juvenile adjudicated
as a 
 delinquent for a violent crime;

  (17) shall provide notice of any appeal taken by the 
 defendant and information
on how to contact the 
 appropriate agency handling the appeal, and how to request 
 notice of any hearing, oral argument, or decision of an 
 appellate court;

  (18) shall provide timely notice of any request for 
 post-conviction review filed by the
defendant under 
 Article 122 of the Code of Criminal Procedure of 1963, and 
 of
the date, time and place of any hearing concerning the 
 petition. Whenever
possible, notice of the hearing shall 
 be given within 48 hours of the court's scheduling of the 
 hearing;

  (19) shall forward a copy of any statement presented 
 under Section 6 to the
Prisoner Review Board or Department 
 of Juvenile Justice to be considered in making a 
 determination
under Section 3-2.5-85 or subsection (b) of 
 Section 3-3-8 of the Unified Code of Corrections;

  (20) shall, within a reasonable time, offer to
meet 
 with the crime victim regarding the decision of the

 State's Attorney not to charge an offense, and shall meet

 with the victim, if the victim agrees. The victim has a

 right to have an attorney, advocate, and other support

 person of the victim's choice attend this meeting with the

 victim; and
  (21) shall give the crime victim timely notice of any 
 decision not to pursue charges and consider the safety of 
 the victim when deciding how to give such notice. 
 (c) The court shall ensure that the rights of the victim 
are afforded. 
 (c-5) The following procedures shall be followed to afford 
victims the rights guaranteed by Article I, Section 8.1 of the 
Illinois Constitution:
  (1) Written notice. A victim may complete a written 
 notice of intent to assert rights on a form prepared by the 
 Office of the Attorney General and provided to the victim 
 by the State's Attorney. The victim may at any time 
 provide a revised written notice to the State's Attorney. 
 The State's Attorney shall file the written notice with 
 the court. At the beginning of any court proceeding in 
 which the right of a victim may be at issue, the court and 
 prosecutor shall review the written notice to determine 
 whether the victim has asserted the right that may be at 
 issue.
  (2) Victim's retained attorney. A victim's attorney 
 shall file an entry of appearance limited to assertion of 
 the victim's rights. Upon the filing of the entry of 
 appearance and service on the State's Attorney and the 
 defendant, the attorney is to receive copies of all 
 notices, motions and court orders filed thereafter in the 
 case.
  (3) Standing. The victim has standing to assert the 
 rights enumerated in subsection (a) of Article I, Section 
 8.1 of the Illinois Constitution and the statutory rights 
 under Section 4 of this Act in any court exercising 
 jurisdiction over the criminal case. The prosecuting 
 attorney, a victim, or the victim's retained attorney may 
 assert the victim's rights. The defendant in the criminal 
 case has no standing to assert a right of the victim in any 
 court proceeding, including on appeal.
  (4) Assertion of and enforcement of rights.
   (A) The prosecuting attorney shall assert a 
 victim's right or request enforcement of a right by 
 filing a motion or by orally asserting the right or 
 requesting enforcement in open court in the criminal 
 case outside the presence of the jury. The prosecuting 
 attorney shall consult with the victim and the 
 victim's attorney regarding the assertion or 
 enforcement of a right. If the prosecuting attorney 
 decides not to assert or enforce a victim's right, the 
 prosecuting attorney shall notify the victim or the 
 victim's attorney in sufficient time to allow the 
 victim or the victim's attorney to assert the right or 
 to seek enforcement of a right.
   (B) If the prosecuting attorney elects not to 
 assert a victim's right or to seek enforcement of a 
 right, the victim or the victim's attorney may assert 
 the victim's right or request enforcement of a right 
 by filing a motion or by orally asserting the right or 
 requesting enforcement in open court in the criminal 
 case outside the presence of the jury.
   (C) If the prosecuting attorney asserts a victim's 
 right or seeks enforcement of a right, unless the 
 prosecuting attorney objects or the trial court does 
 not allow it, the victim or the victim's attorney may 
 be heard regarding the prosecuting attorney's motion 
 or may file a simultaneous motion to assert or request 
 enforcement of the victim's right. If the victim or 
 the victim's attorney was not allowed to be heard at 
 the hearing regarding the prosecuting attorney's 
 motion, and the court denies the prosecuting 
 attorney's assertion of the right or denies the 
 request for enforcement of a right, the victim or 
 victim's attorney may file a motion to assert the 
 victim's right or to request enforcement of the right 
 within 10 days of the court's ruling. The motion need 
 not demonstrate the grounds for a motion for 
 reconsideration. The court shall rule on the merits of 
 the motion.
   (D) The court shall take up and decide any motion 
 or request asserting or seeking enforcement of a 
 victim's right without delay, unless a specific time 
 period is specified by law or court rule. The reasons 
 for any decision denying the motion or request shall 
 be clearly stated on the record.
   (E) No later than January 1, 2023, the Office of 
 the Attorney General shall: 
    (i) designate an administrative authority 
 within the Office of the Attorney General to 
 receive and investigate complaints relating to the 
 provision or violation of the rights of a crime 
 victim as described in Article I, Section 8.1 of 
 the Illinois Constitution and in this Act;
    (ii) create and administer a course of 
 training for employees and offices of the State of 
 Illinois that fail to comply with provisions of 
 Illinois law pertaining to the treatment of crime 
 victims as described in Article I, Section 8.1 of 
 the Illinois Constitution and in this Act as 
 required by the court under Section 5 of this Act; 
 and
    (iii) have the authority to make 
 recommendations to employees and offices of the 
 State of Illinois to respond more effectively to 
 the needs of crime victims, including regarding 
 the violation of the rights of a crime victim.
   (F) Crime victims' rights may also be asserted by

 filing a complaint for mandamus, injunctive, or

 declaratory relief in the jurisdiction in which the

 victim's right is being violated or where the crime is

 being prosecuted. For complaints or motions filed by 
 or on behalf of the victim, the clerk of court shall 
 waive
filing fees that would otherwise be owed by the 
 victim
for any court filing with the purpose of 
 enforcing crime victims' rights. If the court denies 
 the relief
sought by the victim, the reasons for the 
 denial shall
be clearly stated on the record in the 
 transcript of
the proceedings, in a written opinion, 
 or in the
docket entry, and the victim may appeal the 
 circuit
court's decision to the appellate court. The 
 court
shall issue prompt rulings regarding victims' 
 rights.
Proceedings seeking to enforce victims' rights 
 shall
not be stayed or subject to unreasonable delay 
 via
continuances. 
  (5) Violation of rights and remedies. 
   (A) If the court determines that a victim's right 
 has been violated, the court shall determine the 
 appropriate remedy for the violation of the victim's 
 right by hearing from the victim and the parties, 
 considering all factors relevant to the issue, and 
 then awarding appropriate relief to the victim.
   (A-5) Consideration of an issue of a substantive 
 nature or an issue that implicates the constitutional 
 or statutory right of a victim at a court proceeding 
 labeled as a status hearing shall constitute a per se 
 violation of a victim's right. 
   (B) The appropriate remedy shall include only 
 actions necessary to provide the victim the right to 
 which the victim was entitled. Remedies may include, 
 but are not limited to: injunctive relief requiring 
 the victim's right to be afforded; declaratory 
 judgment recognizing or clarifying the victim's 
 rights; a writ of mandamus; and may include reopening 
 previously held proceedings; however, in no event 
 shall the court vacate a conviction. Any remedy shall 
 be tailored to provide the victim an appropriate 
 remedy without violating any constitutional right of 
 the defendant. In no event shall the appropriate 
 remedy to the victim be a new trial or damages.
  The court shall impose a mandatory training course 
 provided by the Attorney General for the employee under 
 item (ii) of subparagraph (E) of paragraph (4), which must 
 be successfully completed within 6 months of the entry of 
 the court order.
  This paragraph (5) takes effect January 2, 2023.
  (6) Right to be heard. Whenever a victim has the right 
 to be heard, the court shall allow the victim to exercise 
 the right in any reasonable manner the victim chooses.
  (7) Right to attend trial. A party must file a written 
 motion to exclude a victim from trial at least 60 days 
 prior to the date set for trial. The motion must state with 
 specificity the reason exclusion is necessary to protect a 
 constitutional right of the party, and must contain an 
 offer of proof. The court shall rule on the motion within 
 30 days. If the motion is granted, the court shall set 
 forth on the record the facts that support its finding 
 that the victim's testimony will be materially affected if 
 the victim hears other testimony at trial.
  (8) Right to have advocate and support person present 
 at court proceedings.
   (A) A party who intends to call an advocate as a 
 witness at trial must seek permission of the court 
 before the subpoena is issued. The party must file a 
 written motion at least 90 days before trial that sets 
 forth specifically the issues on which the advocate's 
 testimony is sought and an offer of proof regarding 
 (i) the content of the anticipated testimony of the 
 advocate; and (ii) the relevance, admissibility, and 
 materiality of the anticipated testimony. The court 
 shall consider the motion and make findings within 30 
 days of the filing of the motion. If the court finds by 
 a preponderance of the evidence that: (i) the 
 anticipated testimony is not protected by an absolute 
 privilege; and (ii) the anticipated testimony contains 
 relevant, admissible, and material evidence that is 
 not available through other witnesses or evidence, the 
 court shall issue a subpoena requiring the advocate to 
 appear to testify at an in camera hearing. The 
 prosecuting attorney and the victim shall have 15 days 
 to seek appellate review before the advocate is 
 required to testify at an ex parte in camera 
 proceeding. 
   The prosecuting attorney, the victim, and the 
 advocate's attorney shall be allowed to be present at 
 the ex parte in camera proceeding. If, after 
 conducting the ex parte in camera hearing, the court 
 determines that due process requires any testimony 
 regarding confidential or privileged information or 
 communications, the court shall provide to the 
 prosecuting attorney, the victim, and the advocate's 
 attorney a written memorandum on the substance of the 
 advocate's testimony. The prosecuting attorney, the 
 victim, and the advocate's attorney shall have 15 days 
 to seek appellate review before a subpoena may be 
 issued for the advocate to testify at trial. The 
 presence of the prosecuting attorney at the ex parte 
 in camera proceeding does not make the substance of 
 the advocate's testimony that the court has ruled 
 inadmissible subject to discovery.
   (B) If a victim has asserted the right to have a 
 support person present at the court proceedings, the 
 victim shall provide the name of the person the victim 
 has chosen to be the victim's support person to the 
 prosecuting attorney, within 60 days of trial. The 
 prosecuting attorney shall provide the name to the 
 defendant. If the defendant intends to call the 
 support person as a witness at trial, the defendant 
 must seek permission of the court before a subpoena is 
 issued. The defendant must file a written motion at 
 least 45 days prior to trial that sets forth 
 specifically the issues on which the support person 
 will testify and an offer of proof regarding: (i) the 
 content of the anticipated testimony of the support 
 person; and (ii) the relevance, admissibility, and 
 materiality of the anticipated testimony.
   If the prosecuting attorney intends to call the 
 support person as a witness during the State's 
 case-in-chief, the prosecuting attorney shall inform 
 the court of this intent in the response to the 
 defendant's written motion. The victim may choose a 
 different person to be the victim's support person. 
 The court may allow the defendant to inquire about 
 matters outside the scope of the direct examination 
 during cross-examination. If the court allows the 
 defendant to do so, the support person shall be 
 allowed to remain in the courtroom after the support 
 person has testified. A defendant who fails to 
 question the support person about matters outside the 
 scope of direct examination during the State's 
 case-in-chief waives the right to challenge the 
 presence of the support person on appeal. The court 
 shall allow the support person to testify if called as 
 a witness in the defendant's case-in-chief or the 
 State's rebuttal.
   If the court does not allow the defendant to 
 inquire about matters outside the scope of the direct 
 examination, the support person shall be allowed to 
 remain in the courtroom after the support person has 
 been called by the defendant or the defendant has 
 rested. The court shall allow the support person to 
 testify in the State's rebuttal.
   If the prosecuting attorney does not intend to 
 call the support person in the State's case-in-chief, 
 the court shall verify with the support person whether 
 the support person, if called as a witness, would 
 testify as set forth in the offer of proof. If the 
 court finds that the support person would testify as 
 set forth in the offer of proof, the court shall rule 
 on the relevance, materiality, and admissibility of 
 the anticipated testimony. If the court rules the 
 anticipated testimony is admissible, the court shall 
 issue the subpoena. The support person may remain in 
 the courtroom after the support person testifies and 
 shall be allowed to testify in rebuttal.
   If the court excludes the victim's support person 
 during the State's case-in-chief, the victim shall be 
 allowed to choose another support person to be present 
 in court. 
   If the victim fails to designate a support person 
 within 60 days of trial and the defendant has 
 subpoenaed the support person to testify at trial, the 
 court may exclude the support person from the trial 
 until the support person testifies. If the court 
 excludes the support person the victim may choose 
 another person as a support person. 
  (9) Right to notice and hearing before disclosure of 
 confidential or privileged information or records.
   (A) A defendant who seeks to subpoena testimony or 
 records of or concerning the victim that are 
 confidential or privileged by law must seek permission 
 of the court before the subpoena is issued. The 
 defendant must file a written motion and an offer of 
 proof regarding the relevance, admissibility and 
 materiality of the testimony or records. If the court 
 finds by a preponderance of the evidence that:
    (i) the testimony or records are not protected 
 by an absolute privilege and
    (ii) the testimony or records contain 
 relevant, admissible, and material evidence that 
 is not available through other witnesses or 
 evidence, the court shall issue a subpoena 
 requiring the witness to appear in camera or a 
 sealed copy of the records be delivered to the 
 court to be reviewed in camera. If, after 
 conducting an in camera review of the witness 
 statement or records, the court determines that 
 due process requires disclosure of any potential 
 testimony or any portion of the records, the court 
 shall provide copies of the records that it 
 intends to disclose to the prosecuting attorney 
 and the victim. The prosecuting attorney and the 
 victim shall have 30 days to seek appellate review 
 before the records are disclosed to the defendant, 
 used in any court proceeding, or disclosed to 
 anyone or in any way that would subject the 
 testimony or records to public review. The 
 disclosure of copies of any portion of the 
 testimony or records to the prosecuting attorney 
 under this Section does not make the records 
 subject to discovery or required to be provided to 
 the defendant.
   (B) A prosecuting attorney who seeks to subpoena 
 information or records concerning the victim that are 
 confidential or privileged by law must first request 
 the written consent of the crime victim. If the victim 
 does not provide such written consent, including where 
 necessary the appropriate signed document required for 
 waiving privilege, the prosecuting attorney must serve 
 the subpoena at least 21 days prior to the date a 
 response or appearance is required to allow the 
 subject of the subpoena time to file a motion to quash 
 or request a hearing. The prosecuting attorney must 
 also send a written notice to the victim at least 21 
 days prior to the response date to allow the victim to 
 file a motion or request a hearing. The notice to the 
 victim shall inform the victim (i) that a subpoena has 
 been issued for confidential information or records 
 concerning the victim, (ii) that the victim has the 
 right to request a hearing prior to the response date 
 of the subpoena, and (iii) how to request the hearing. 
 The notice to the victim shall also include a copy of 
 the subpoena. If requested, a hearing regarding the 
 subpoena shall occur before information or records are 
 provided to the prosecuting attorney. 
  (10) Right to notice of court proceedings. If the 
 victim is not present at a court proceeding in which a 
 right of the victim is at issue, the court shall ask the 
 prosecuting attorney whether the victim was notified of 
 the time, place, and purpose of the court proceeding and 
 that the victim had a right to be heard at the court 
 proceeding. If the court determines that timely notice was 
 not given or that the victim was not adequately informed 
 of the nature of the court proceeding, the court shall not 
 rule on any substantive issues, accept a plea, or impose a 
 sentence and shall continue the hearing for the time 
 necessary to notify the victim of the time, place and 
 nature of the court proceeding. The time between court 
 proceedings shall not be attributable to the State under 
 Section 103-5 of the Code of Criminal Procedure of 1963.
  (11) Right to timely disposition of the case. A victim 
 has the right to timely disposition of the case so as to 
 minimize the stress, cost, and inconvenience resulting 
 from the victim's involvement in the case. Before ruling 
 on a motion to continue trial or other court proceeding, 
 the court shall inquire into the circumstances for the 
 request for the delay and, if the victim has provided 
 written notice of the assertion of the right to a timely 
 disposition, and whether the victim objects to the delay. 
 If the victim objects, the prosecutor shall inform the 
 court of the victim's objections. If the prosecutor has 
 not conferred with the victim about the continuance, the 
 prosecutor shall inform the court of the attempts to 
 confer. If the court finds the attempts of the prosecutor 
 to confer with the victim were inadequate to protect the 
 victim's right to be heard, the court shall give the 
 prosecutor at least 3 but not more than 5 business days to 
 confer with the victim. In ruling on a motion to continue, 
 the court shall consider the reasons for the requested 
 continuance, the number and length of continuances that 
 have been granted, the victim's objections and procedures 
 to avoid further delays. If a continuance is granted over 
 the victim's objection, the court shall specify on the 
 record the reasons for the continuance and the procedures 
 that have been or will be taken to avoid further delays.
  (12) Right to Restitution.
   (A) If the victim has asserted the right to 
 restitution and the amount of restitution is known at 
 the time of sentencing, the court shall enter the 
 judgment of restitution at the time of sentencing. 
   (B) If the victim has asserted the right to 
 restitution and the amount of restitution is not known 
 at the time of sentencing, the prosecutor shall, 
 within 5 days after sentencing, notify the victim what 
 information and documentation related to restitution 
 is needed and that the information and documentation 
 must be provided to the prosecutor within 45 days 
 after sentencing. Failure to timely provide 
 information and documentation related to restitution 
 shall be deemed a waiver of the right to restitution. 
 The prosecutor shall file and serve within 60 days 
 after sentencing a proposed judgment for restitution 
 and a notice that includes information concerning the 
 identity of any victims or other persons seeking 
 restitution, whether any victim or other person 
 expressly declines restitution, the nature and amount 
 of any damages together with any supporting 
 documentation, a restitution amount recommendation, 
 and the names of any co-defendants and their case 
 numbers. Within 30 days after receipt of the proposed 
 judgment for restitution, the defendant shall file any 
 objection to the proposed judgment, a statement of 
 grounds for the objection, and a financial statement. 
 If the defendant does not file an objection, the court 
 may enter the judgment for restitution without further 
 proceedings. If the defendant files an objection and 
 either party requests a hearing, the court shall 
 schedule a hearing. 
  (13) Access to presentence reports.
   (A) The victim may request a copy of the 
 presentence report prepared under the Unified Code of 
 Corrections from the State's Attorney. The State's 
 Attorney shall redact the following information before 
 providing a copy of the report:
    (i) the defendant's mental history and 
 condition;
    (ii) any evaluation prepared under subsection 
 (b) or (b-5) of Section 5-3-2; and
    (iii) the name, address, phone number, and 
 other personal information about any other victim.
   (B) The State's Attorney or the defendant may 
 request the court redact other information in the 
 report that may endanger the safety of any person.
   (C) The State's Attorney may orally disclose to 
 the victim any of the information that has been 
 redacted if there is a reasonable likelihood that the 
 information will be stated in court at the sentencing.
   (D) The State's Attorney must advise the victim 
 that the victim must maintain the confidentiality of 
 the report and other information. Any dissemination of 
 the report or information that was not stated at a 
 court proceeding constitutes indirect criminal 
 contempt of court. 
  (14) Appellate relief. If the trial court denies the 
 relief requested, the victim, the victim's attorney, or 
 the prosecuting attorney may file an appeal within 30 days 
 of the trial court's ruling. The trial or appellate court 
 may stay the court proceedings if the court finds that a 
 stay would not violate a constitutional right of the 
 defendant. If the appellate court denies the relief 
 sought, the reasons for the denial shall be clearly stated 
 in a written opinion. In any appeal in a criminal case, the 
 State may assert as error the court's denial of any crime 
 victim's right in the proceeding to which the appeal 
 relates.
  (15) Limitation on appellate relief. In no case shall 
 an appellate court provide a new trial to remedy the 
 violation of a victim's right. 
  (16) The right to be reasonably protected from the 
 accused throughout the criminal justice process and the 
 right to have the safety of the victim and the victim's 
 family considered in determining whether to release the 
 defendant, and setting conditions of release after arrest 
 and conviction. A victim of domestic violence, a sexual 
 offense, or stalking may request the entry of a protective 
 order under Article 112A of the Code of Criminal Procedure 
 of 1963. 
 (d) Procedures after the imposition of sentence.
  (1) The Prisoner Review Board shall inform a victim or 
 any other
concerned citizen, upon written request, of the 
 prisoner's release on parole,
mandatory supervised 
 release, electronic detention, work release, international 
 transfer or exchange, or by the
custodian, other than the 
 Department of Juvenile Justice, of the discharge of any 
 individual who was adjudicated a delinquent
for a crime 
 from State custody and by the sheriff of the appropriate

 county of any such person's final discharge from county 
 custody.
The Prisoner Review Board, upon written request, 
 shall provide to a victim or
any other concerned citizen a 
 recent photograph of any person convicted of a
felony, 
 upon his or her release from custody.
The Prisoner
Review 
 Board, upon written request, shall inform a victim or any 
 other
concerned citizen when feasible at least 7 days 
 prior to the prisoner's release
on furlough of the times 
 and dates of such furlough. Upon written request by
the 
 victim or any other concerned citizen, the State's 
 Attorney shall notify
the person once of the times and 
 dates of release of a prisoner sentenced to
periodic 
 imprisonment. Notification shall be based on the most 
 recent
information as to the victim's or other concerned 
 citizen's residence or other
location available to the 
 notifying authority.


  (2) When the defendant has been committed to the 
 Department of
Human Services pursuant to Section 5-2-4 or 
 any other
provision of the Unified Code of Corrections, 
 the victim may request to be
notified by the releasing 
 authority of the approval by the court of an on-grounds 
 pass, a supervised off-grounds pass, an unsupervised 
 off-grounds pass, or conditional release; the release on 
 an off-grounds pass; the return from an off-grounds pass; 
 transfer to another facility; conditional release; escape; 
 death; or final discharge from State
custody. The 
 Department of Human Services shall establish and maintain 
 a statewide telephone number to be used by victims to make 
 notification requests under these provisions and shall 
 publicize this telephone number on its website and to the 
 State's Attorney of each county.

  (3) In the event of an escape from State custody, the 
 Department of
Corrections or the Department of Juvenile 
 Justice immediately shall notify the Prisoner Review Board 
 of the escape
and the Prisoner Review Board shall notify 
 the victim. The notification shall
be based upon the most 
 recent information as to the victim's residence or other

 location available to the Board. When no such information 
 is available, the
Board shall make all reasonable efforts 
 to obtain the information and make
the notification. When 
 the escapee is apprehended, the Department of
Corrections 
 or the Department of Juvenile Justice immediately shall 
 notify the Prisoner Review Board and the Board
shall 
 notify the victim.

  (4) The victim of the crime for which the prisoner has 
 been sentenced
has the right to register with the Prisoner 
 Review Board's victim registry. Victims registered with 
 the Board shall receive reasonable written notice not less 
 than 30 days prior to the
parole hearing or target 
 aftercare release date. The victim has the right to submit 
 a victim statement for consideration by the Prisoner 
 Review Board or the Department of Juvenile Justice in 
 writing, on film, videotape, or other electronic means, or 
 in the form of a recording prior to the parole hearing or 
 target aftercare release date, or in person at the parole 
 hearing or aftercare release protest hearing, or by 
 calling the toll-free number established in subsection (f) 
 of this Section. The
victim shall be notified within 7 
 days after the prisoner has been granted
parole or 
 aftercare release and shall be informed of the right to 
 inspect the registry of parole
decisions, established 
 under subsection (g) of Section 3-3-5 of the Unified
Code 
 of Corrections. The provisions of this paragraph (4) are 
 subject to the
Open Parole Hearings Act. Victim statements 
 provided to the Board shall be confidential and 
 privileged, including any statements received prior to 
 January 1, 2020 (the effective date of Public Act 
 101-288), except if the statement was an oral statement 
 made by the victim at a hearing open to the public.

  (4-1) The crime victim has the right to submit a 
 victim statement for consideration by the Prisoner Review 
 Board or the Department of Juvenile Justice prior to or at 
 a hearing to determine the conditions of mandatory 
 supervised release of a person sentenced to a determinate 
 sentence or at a hearing on revocation of mandatory 
 supervised release of a person sentenced to a determinate 
 sentence. A victim statement may be submitted in writing, 
 on film, videotape, or other electronic means, or in the 
 form of a recording, or orally at a hearing, or by calling 
 the toll-free number established in subsection (f) of this 
 Section. Victim statements provided to the Board shall be 
 confidential and privileged, including any statements 
 received prior to January 1, 2020 (the effective date of 
 Public Act 101-288), except if the statement was an oral 
 statement made by the victim at a hearing open to the 
 public. 
  (4-2) The crime victim has the right to submit a 
 victim statement to the Prisoner Review Board for 
 consideration at an executive clemency hearing as provided 
 in Section 3-3-13 of the Unified Code of Corrections. A 
 victim statement may be submitted in writing, on film, 
 videotape, or other electronic means, or in the form of a 
 recording prior to a hearing, or orally at a hearing, or by 
 calling the toll-free number established in subsection (f) 
 of this Section. Victim statements provided to the Board 
 shall be confidential and privileged, including any 
 statements received prior to January 1, 2020 (the 
 effective date of Public Act 101-288), except if the 
 statement was an oral statement made by the victim at a 
 hearing open to the public. 
  (5) If a statement is presented under Section 6, the 
 Prisoner Review Board or Department of Juvenile Justice

 shall inform the victim of any order of discharge pursuant

 to Section 3-2.5-85 or 3-3-8 of the Unified Code of 
 Corrections.

  (6) At the written or oral request of the victim of the 
 crime for which the
prisoner was sentenced or the State's 
 Attorney of the county where the person seeking parole or 
 aftercare release was prosecuted, the Prisoner Review 
 Board or Department of Juvenile Justice shall notify the 
 victim and the State's Attorney of the county where the 
 person seeking parole or aftercare release was prosecuted 
 of
the death of the prisoner if the prisoner died while on 
 parole or aftercare release or mandatory
supervised 
 release.

  (7) When a defendant who has been committed to the 
 Department of
Corrections, the Department of Juvenile 
 Justice, or the Department of Human Services is released 
 or discharged and
subsequently committed to the Department 
 of Human Services as a sexually
violent person and the 
 victim had requested to be notified by the releasing

 authority of the defendant's discharge, conditional 
 release, death, or escape from State custody, the 
 releasing
authority shall provide to the Department of 
 Human Services such information
that would allow the 
 Department of Human Services to contact the victim.

  (8) When a defendant has been convicted of a sex 
 offense as defined in Section 2 of the Sex Offender 
 Registration Act and has been sentenced to the Department 
 of Corrections or the Department of Juvenile Justice, the 
 Prisoner Review Board or the Department of Juvenile 
 Justice shall notify the victim of the sex offense of the 
 prisoner's eligibility for release on parole, aftercare 
 release,
mandatory supervised release, electronic 
 detention, work release, international transfer or 
 exchange, or by the
custodian of the discharge of any 
 individual who was adjudicated a delinquent
for a sex 
 offense from State custody and by the sheriff of the 
 appropriate
county of any such person's final discharge 
 from county custody. The notification shall be made to the 
 victim at least 30 days, whenever possible, before release 
 of the sex offender. 
 (e) The officials named in this Section may satisfy some 
or all of their
obligations to provide notices and other 
information through participation in a
statewide victim and 
witness notification system established by the Attorney

General under Section 8.5 of this Act.

 (f) The Prisoner Review Board
shall establish a toll-free 
number that may be accessed by the crime victim to present a 
victim statement to the Board in accordance with paragraphs 
(4), (4-1), and (4-2) of subsection (d).

(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; 
101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff. 
8-20-21; revised 12-13-21.)


 Section 635. The Privacy of Child Victims of Criminal 
Sexual Offenses Act is amended by changing Section 3 as 
follows:



 (725 ILCS 190/3) (from Ch. 38, par. 1453)



 Sec. 3. Confidentiality of Law Enforcement and Court 
Records. Notwithstanding any other law to the contrary, 
inspection and copying of
law enforcement records maintained 
by any law enforcement agency or all circuit
court records 
maintained by any circuit clerk relating to any investigation

or proceeding pertaining to a criminal sexual offense, by any 
person, except a
judge, state's attorney, assistant state's 
attorney, Attorney General, Assistant Attorney General, 
psychologist,
psychiatrist, social worker, doctor, parent, 
parole agent, aftercare specialist, probation officer,

defendant, defendant's
attorney, advocate, or victim's 
attorney (as defined in Section 3 of the Illinois Rights of 
Crime Victims and Witnesses Act) in any criminal proceeding or 
investigation related thereto, shall
be restricted to exclude 
the identity of any child who is a victim of such
criminal 
sexual offense or alleged criminal sexual offense unless a 
court order is issued authorizing the removal of such 
restriction as provided under this Section of a particular 
case record or particular records of cases maintained by any 
circuit court clerk. A court may, for
the child's protection 
and for good cause shown, prohibit any person or
agency 
present in court from further disclosing the child's identity.

 A court may prohibit such disclosure only after giving 
notice and a hearing to all affected parties. In determining 
whether to prohibit disclosure of the minor's identity, the 
court shall consider: 
  (1) the best interest of the child; and 
  (2) whether such nondisclosure would further a 
 compelling State interest. 
 When a criminal sexual offense is committed or alleged to 
have been
committed by a school district employee or any 
individual contractually employed by a school district, a copy 
of the criminal history record information relating to the 
investigation of the offense or alleged offense shall be

transmitted to the superintendent of schools
of the district 
immediately upon request or if the law enforcement agency 
knows that a school district employee or any individual 
contractually employed by a school district has committed or 
is alleged to have committed a criminal sexual offense, the 
superintendent of schools
of the district shall be immediately 
provided a copy of the criminal history record information. 
The copy of the criminal history record information to be 
provided under this Section shall exclude the identity of the 
child victim. The superintendent shall be restricted from

revealing the identity of the victim. Nothing in this Article 
precludes or may be used to preclude a mandated reporter from 
reporting child abuse or child neglect as required under the 
Abused and Neglected Child Reporting Act.

 For the purposes of this Act, "criminal history record 
information" means:
  (i) chronologically maintained arrest information, 
 such as traditional
arrest logs or blotters;
  (ii) the name of a person in the custody of a law 
 enforcement agency and
the charges for which that person 
 is being held;
  (iii) court records that are public;
  (iv) records that are otherwise available under State 
 or local law; or
  (v) records in which the requesting party is the 
 individual
identified, except as provided under part (vii) 
 of
paragraph (c) of subsection (1) of Section 7 of the 
 Freedom of Information Act.

(Source: P.A. 102-651, eff. 1-1-22; revised 12-13-21.)

 Section 640. The Privacy of Adult Victims of Criminal 
Sexual Offenses Act is amended by changing Section 10 as 
follows:

 (725 ILCS 191/10)

 Sec. 10. Victim privacy. Notwithstanding any other law to 
the contrary, inspection and copying of law enforcement 
records maintained by any law enforcement agency or all 
circuit court records maintained by any circuit clerk relating 
to any investigation or proceeding pertaining to a criminal 
sexual offense, by any person, except a judge, State's 
Attorney, Assistant State's Attorney, Attorney General, 
Assistant Attorney General, psychologist, psychiatrist, social 
worker, doctor, parole agent, aftercare specialist, probation 
officer, defendant, defendant's attorney, advocate, or 
victim's attorney (as
defined in Section 3 of the Illinois 
Rights of Crime Victims and Witnesses Act) in any criminal 
proceeding or investigation related thereto shall be 
restricted to exclude the identity of any adult victim of such 
criminal sexual offense or alleged criminal sexual offense 
unless a court order is issued authorizing the removal of such 
restriction as provided under this Section of a particular 
case record or particular records of cases maintained by any 
circuit court clerk.
 A court may, for the adult victim's protection and for 
good cause shown, prohibit any person or agency present in 
court from further disclosing the adult victim's identity. A 
court may prohibit such disclosure only after giving notice 
and a hearing to all affected parties. In determining whether 
to prohibit disclosure of the adult victim's identity, the 
court shall consider:
  (1) the best interest of the adult victim; and
  (2) whether such nondisclosure would further a 
 compelling State interest.

(Source: P.A. 102-652, eff. 1-1-22; revised 11-24-21.)

 Section 645. The Sexual Assault Evidence Submission Act is 
amended by changing Section 50 as follows:

 (725 ILCS 202/50)
 Sec. 50. Sexual assault evidence tracking system.
 (a) On June 26, 2018, the Sexual Assault Evidence Tracking 
and Reporting Commission issued its report as required under 
Section 43. It is the intention of the General Assembly in 
enacting the provisions of this amendatory Act of the 101st 
General Assembly to implement the recommendations of the 
Sexual Assault Evidence Tracking and Reporting Commission set 
forth in that report in a manner that utilizes the current 
resources of law enforcement agencies whenever possible and 
that is adaptable to changing technologies and circumstances.
 (a-1) Due to the complex nature of a statewide tracking 
system for sexual assault evidence and
to ensure all 
stakeholders, including, but not limited to, victims and their 
designees, health care facilities, law enforcement agencies, 
forensic labs, and State's Attorneys offices are integrated, 
the Commission recommended the purchase of an
electronic 
off-the-shelf tracking system. The system must be able to 
communicate with all
stakeholders and provide real-time 
information to a victim or his or her designee on the status
of 
the evidence that was collected. The sexual assault evidence 
tracking system must:
  (1) be electronic and web-based; 
  (2) be administered by the Illinois State Police; 
  (3) have help desk availability at all times; 
  (4) ensure the law enforcement agency contact 
 information is accessible to the
victim or his or her 
 designee through the tracking system, so there is contact

 information for questions; 
  (5) have the option for external connectivity to 
 evidence management systems,
laboratory information 
 management systems, or other electronic data
systems 
 already in existence by any of the stakeholders to 
 minimize additional
burdens or tasks on stakeholders; 
  (6) allow for the victim to opt in for automatic 
 notifications when status updates are
entered in the 
 system, if the system allows; 
  (7) include at each step in the process, a brief 
 explanation of the general purpose of that
step and a 
 general indication of how long the step may take to 
 complete; 
  (8) contain minimum fields for tracking and reporting, 
 as follows: 
   (A) for sexual assault evidence kit vendor fields: 
    (i) each sexual evidence kit identification 
 number provided to each health care
facility; and 
    (ii) the date the sexual evidence kit was sent 
 to the health care
facility. 
   (B) for health care
facility fields: 
    (i) the date sexual assault evidence was 
 collected; and 
    (ii) the date notification was made to the law 
 enforcement agency that the sexual assault 
 evidence was collected. 
   (C) for law enforcement agency fields: 
    (i) the date the law enforcement agency took 
 possession of the sexual assault evidence from the 
 health care facility,
another law enforcement 
 agency, or victim if he or she did not go through a 
 health care facility; 
    (ii) the law enforcement agency complaint 
 number; 
    (iii) if the law enforcement agency that takes 
 possession of the sexual assault evidence from a 
 health care facility is not the law enforcement 
 agency
with jurisdiction in which the offense 
 occurred, the date when the law enforcement agency

 notified the law enforcement agency having 
 jurisdiction that the agency has sexual assault 
 evidence required under subsection (c) of Section 
 20 of the Sexual Assault Incident Procedure Act; 
    (iv) an indication if the victim consented for 
 analysis of the sexual assault evidence; 
    (v) if the victim did not consent for analysis 
 of the sexual assault evidence, the date
on which 
 the law enforcement agency is no longer required 
 to store the sexual assault evidence; 
    (vi) a mechanism for the law enforcement 
 agency to document why the sexual assault evidence 
 was not
submitted to the laboratory for analysis, 
 if applicable; 
    (vii) the date the law enforcement agency 
 received the sexual assault evidence results back 
 from the laboratory; 
    (viii) the date statutory notifications were 
 made to the victim or documentation of why 
 notification
was not made; and 
    (ix) the date the law enforcement agency 
 turned over the case information to the State's

 Attorney office, if applicable. 
   (D) for forensic lab fields: 
    (i) the date the sexual assault evidence is 
 received from the law enforcement agency by the 
 forensic lab
for analysis; 
    (ii) the laboratory case number, visible to 
 the law enforcement agency and State's Attorney 
 office; and 
    (iii) the date the laboratory completes the 
 analysis of the sexual assault evidence. 
   (E) for State's Attorney office fields: 
    (i) the date the State's Attorney office 
 received the sexual assault evidence results from 
 the laboratory, if
applicable; and 
    (ii) the disposition or status of the case. 
 (a-2) The Commission also developed guidelines for secure 
electronic access to a tracking
system for a victim, or his or 
her designee to access information on the status of the 
evidence
collected. The Commission recommended minimum 
guidelines in order to
safeguard confidentiality of the 
information contained within this statewide tracking
system. 
These recommendations are that the sexual assault evidence 
tracking system must: 
  (1) allow for secure access, controlled by an 
 administering body who can restrict user
access and allow 
 different permissions based on the need of that particular 
 user
and health care facility users may include 
 out-of-state border hospitals, if
authorized by the 
 Illinois State Police to obtain this State's kits from 
 vendor; 
  (2) provide for users, other than victims, the ability 
 to provide for any individual who
is granted access to the 
 program their own unique user ID and password; 
  (3) provide for a mechanism for a victim to enter the 
 system and only access
his or her own information; 
  (4) enable a sexual assault evidence to be tracked and 
 identified through the unique sexual assault evidence kit 
 identification
number or barcode that the vendor applies 
 to each sexual assault evidence kit per the Illinois State 
 Police's contract; 
  (5) have a mechanism to inventory unused kits provided 
 to a health care facility from the vendor; 
  (6) provide users the option to either scan the bar 
 code or manually enter the sexual assault evidence kit 
 number
into the tracking program; 
  (7) provide a mechanism to create a separate unique 
 identification number for cases in
which a sexual evidence 
 kit was not collected, but other evidence was collected; 
  (8) provide the ability to record date, time, and user 
 ID whenever any user accesses the
system; 
  (9) provide for real-time entry and update of data; 
  (10) contain report functions including: 
   (A) health care facility compliance with 
 applicable laws; 
   (B) law enforcement agency compliance with 
 applicable laws; 
   (C) law enforcement agency annual inventory of 
 cases to each State's Attorney office; and 
   (D) forensic lab compliance with applicable laws; 
 and 
  (11) provide automatic notifications to the law 
 enforcement agency when: 
   (A) a health care facility has collected sexual 
 assault evidence; 
   (B) unreleased sexual assault evidence that is 
 being stored by the law enforcement agency has met the 
 minimum
storage requirement by law; and 
   (C) timelines as required by law are not met for a 
 particular case, if not
otherwise documented. 
 (b) The Illinois State Police may develop rules to 
implement a sexual assault evidence tracking system that 
conforms with subsections (a-1) and (a-2) of this Section. The 
Illinois State Police shall design the criteria for the sexual 
assault evidence tracking system so that, to the extent 
reasonably possible, the system can use existing technologies 
and products, including, but not limited to, currently 
available tracking systems. The sexual assault evidence 
tracking system shall be operational and shall begin tracking 
and reporting sexual assault evidence no later than one year 
after the effective date of this amendatory Act of the 101st 
General Assembly. The Illinois State Police may adopt 
additional rules as it deems necessary to ensure that the 
sexual assault evidence tracking system continues to be a 
useful tool for law enforcement.
 (c) A treatment hospital, a treatment hospital with 
approved pediatric transfer, an out-of-state hospital approved 
by the Department of Public Health to receive transfers of 
Illinois sexual assault survivors, or an approved pediatric 
health care facility defined in Section 1a of the Sexual 
Assault Survivors Emergency Treatment Act shall participate in 
the sexual assault evidence tracking system created under this 
Section and in accordance with rules adopted under subsection 
(b), including, but not limited to, the collection of sexual 
assault evidence and providing information regarding that 
evidence, including, but not limited to, providing notice to 
law enforcement that the evidence has been collected.
 (d) The operations of the sexual assault evidence tracking 
system shall be funded by moneys appropriated for that purpose 
from the State Crime Laboratory Fund and funds provided to the 
Illinois State Police through asset forfeiture, together with 
such other funds as the General Assembly may appropriate.
 (e) To ensure that the sexual assault evidence tracking 
system is operational, the Illinois State Police may adopt 
emergency rules to implement the provisions of this Section 
under subsection (ff) of Section 5-45 of the Illinois 
Administrative Procedure Act.
 (f) Information, including, but not limited to, evidence 
and records in the sexual assault evidence tracking system is 
exempt from disclosure under the Freedom of Information Act.

(Source: P.A. 101-377, eff. 8-16-19; 102-22, eff. 6-25-21; 
102-523, eff. 8-20-21; 102-538, eff. 8-20-21; revised 
10-20-21.)

 Section 650. The Sexual Assault Incident Procedure Act is 
amended by changing Section 35 as follows:

 (725 ILCS 203/35)

 Sec. 35. Release of information. 
 (a) Upon the request of the victim who has consented to the 
release of sexual assault evidence for testing, the law 
enforcement agency having jurisdiction shall notify the victim 
about the Illinois State Police sexual assault evidence 
tracking system and provide the following information in 
writing:
  (1) the date the sexual assault evidence was sent to 
 an Illinois State Police forensic laboratory or designated 
 laboratory;
  (2) test results provided to the law enforcement 
 agency by an Illinois State Police forensic laboratory or 
 designated laboratory, including, but not limited to:
   (A) whether a DNA profile was obtained from the 
 testing of the sexual assault evidence from the 
 victim's case;
   (B) whether the DNA profile developed from the 
 sexual assault evidence has been searched against the 
 DNA Index System or any state or federal DNA database;
   (C) whether an association was made to an 
 individual whose DNA profile is consistent with the 
 sexual assault evidence DNA profile,
provided that 
 disclosure would not impede or compromise an ongoing 
 investigation; and
   (D) whether any drugs were detected in a urine or 
 blood sample analyzed for drug facilitated sexual 
 assault and information about any drugs detected.
 (b) The information listed in paragraph (1) of subsection 
(a) of this Section shall be provided to the victim within 7 
days of the transfer of the evidence to the laboratory. The 
information listed in paragraph (2) of subsection (a) of this 
Section shall be provided to the victim within 7 days of the 
receipt of the information by the law enforcement agency 
having jurisdiction.
 (c) At the time the sexual assault evidence is released 
for testing, the victim shall be provided written information 
by the law enforcement agency having jurisdiction or the 
hospital providing emergency services and forensic services to 
the victim informing him or her of the right to request 
information under subsection (a) of this Section. A victim may 
designate another person or agency to receive this 
information.
 (d) The victim or the victim's designee shall keep the law 
enforcement agency having jurisdiction informed of the name, 
address, telephone number, and email address of the person to 
whom the information should be provided, and any changes of 
the name, address, telephone number, and email address, if an 
email address is available.

(Source: P.A. 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 
revised 10-20-21.)

 Section 655. The Unified Code of Corrections is amended by 
changing Sections 3-2-2, 3-3-14, 3-6-7.2, 3-14-1, 5-4-1, 
5-4-3a, 5-5-3, 5-9-1.4, and 5-9-1.9 and the heading of Article 
3 of Chapter III as follows:



 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)


 Sec. 3-2-2. Powers and duties of the Department. 

 (1) In addition to the powers, duties, and 
responsibilities which are
otherwise provided by law, the 
Department shall have the following powers:

  (a) To accept persons committed to it by the courts of 
 this State for
care, custody, treatment, and 
 rehabilitation, and to accept federal prisoners and aliens 
 over whom the Office of the Federal Detention Trustee is 
 authorized to exercise the federal detention function for 
 limited purposes and periods of time.

  (b) To develop and maintain reception and evaluation 
 units for purposes
of analyzing the custody and 
 rehabilitation needs of persons committed to
it and to 
 assign such persons to institutions and programs under its 
 control
or transfer them to other appropriate agencies. In 
 consultation with the
Department of Alcoholism and 
 Substance Abuse (now the Department of Human
Services), 
 the Department of Corrections
shall develop a master plan 
 for the screening and evaluation of persons
committed to 
 its custody who have alcohol or drug abuse problems, and 
 for
making appropriate treatment available to such 
 persons; the Department
shall report to the General 
 Assembly on such plan not later than April 1,
1987. The 
 maintenance and implementation of such plan shall be 
 contingent
upon the availability of funds.

  (b-1) To create and implement, on January 1, 2002, a 
 pilot
program to
establish the effectiveness of 
 pupillometer technology (the measurement of the
pupil's

 reaction to light) as an alternative to a urine test for 
 purposes of screening
and evaluating
persons committed to 
 its custody who have alcohol or drug problems. The
pilot 
 program shall require the pupillometer technology to be 
 used in at
least one Department of
Corrections facility. 
 The Director may expand the pilot program to include an

 additional facility or
facilities as he or she deems 
 appropriate.
A minimum of 4,000 tests shall be included in 
 the pilot program.
The
Department must report to the

 General Assembly on the
effectiveness of the program by 
 January 1, 2003.

  (b-5) To develop, in consultation with the Illinois 
 State Police, a
program for tracking and evaluating each 
 inmate from commitment through release
for recording his 
 or her gang affiliations, activities, or ranks.

  (c) To maintain and administer all State correctional 
 institutions and
facilities under its control and to 
 establish new ones as needed. Pursuant
to its power to 
 establish new institutions and facilities, the Department

 may, with the written approval of the Governor, authorize 
 the Department of
Central Management Services to enter 
 into an agreement of the type
described in subsection (d) 
 of Section 405-300 of the
Department
of Central Management 
 Services Law. The Department shall
designate those 
 institutions which
shall constitute the State Penitentiary 
 System. The Department of Juvenile Justice shall maintain 
 and administer all State youth centers pursuant to 
 subsection (d) of Section 3-2.5-20. 

  Pursuant to its power to establish new institutions 
 and facilities, the
Department may authorize the 
 Department of Central Management Services to
accept bids 
 from counties and municipalities for the construction,

 remodeling, or conversion of a structure to be leased to 
 the Department of
Corrections for the purposes of its 
 serving as a correctional institution
or facility. Such 
 construction, remodeling, or conversion may be financed

 with revenue bonds issued pursuant to the Industrial 
 Building Revenue Bond
Act by the municipality or county. 
 The lease specified in a bid shall be
for a term of not 
 less than the time needed to retire any revenue bonds
used 
 to finance the project, but not to exceed 40 years. The 
 lease may
grant to the State the option to purchase the 
 structure outright.

  Upon receipt of the bids, the Department may certify 
 one or more of the
bids and shall submit any such bids to 
 the General Assembly for approval.
Upon approval of a bid 
 by a constitutional majority of both houses of the
General 
 Assembly, pursuant to joint resolution, the Department of 
 Central
Management Services may enter into an agreement 
 with the county or
municipality pursuant to such bid.

  (c-5) To build and maintain regional juvenile 
 detention centers and to
charge a per diem to the counties 
 as established by the Department to defray
the costs of 
 housing each minor in a center. In this subsection (c-5),

 "juvenile
detention center" means a facility to house 
 minors during pendency of trial who
have been transferred 
 from proceedings under the Juvenile Court Act of 1987 to

 prosecutions under the criminal laws of this State in 
 accordance with Section
5-805 of the Juvenile Court Act of 
 1987, whether the transfer was by operation
of
law or 
 permissive under that Section. The Department shall 
 designate the
counties to be served by each regional 
 juvenile detention center.

  (d) To develop and maintain programs of control, 
 rehabilitation, and
employment of committed persons within 
 its institutions.

  (d-5) To provide a pre-release job preparation program 
 for inmates at Illinois adult correctional centers.

  (d-10) To provide educational and visitation 
 opportunities to committed persons within its institutions 
 through temporary access to content-controlled tablets 
 that may be provided as a privilege to committed persons 
 to induce or reward compliance. 
  (e) To establish a system of supervision and guidance 
 of committed persons
in the community.

  (f) To establish in cooperation with the Department of 
 Transportation
to supply a sufficient number of prisoners 
 for use by the Department of
Transportation to clean up 
 the trash and garbage along State, county,
township, or 
 municipal highways as designated by the Department of

 Transportation. The Department of Corrections, at the 
 request of the
Department of Transportation, shall furnish 
 such prisoners at least
annually for a period to be agreed 
 upon between the Director of
Corrections and the Secretary 
 of Transportation. The prisoners used on this
program 
 shall be selected by the Director of Corrections on 
 whatever basis
he deems proper in consideration of their 
 term, behavior and earned eligibility
to participate in 
 such program - where they will be outside of the prison

 facility but still in the custody of the Department of 
 Corrections. Prisoners
convicted of first degree murder, 
 or a Class X felony, or armed violence, or
aggravated 
 kidnapping, or criminal sexual assault, aggravated 
 criminal sexual
abuse or a subsequent conviction for 
 criminal sexual abuse, or forcible
detention, or arson, or 
 a prisoner adjudged a Habitual Criminal shall not be

 eligible for selection to participate in such program. The 
 prisoners shall
remain as prisoners in the custody of the 
 Department of Corrections and such
Department shall 
 furnish whatever security is necessary. The Department of

 Transportation shall furnish trucks and equipment for the 
 highway cleanup
program and personnel to supervise and 
 direct the program. Neither the
Department of Corrections 
 nor the Department of Transportation shall replace
any 
 regular employee with a prisoner.

  (g) To maintain records of persons committed to it and 
 to establish
programs of research, statistics, and 
 planning.

  (h) To investigate the grievances of any person 
 committed to the
Department and to inquire into any 
 alleged misconduct by employees
or committed persons; and 
 for
these purposes it may issue subpoenas and compel the 
 attendance of witnesses
and the production of writings and 
 papers, and may examine under oath any
witnesses who may 
 appear before it; to also investigate alleged violations

 of a parolee's or releasee's conditions of parole or 
 release; and for this
purpose it may issue subpoenas and 
 compel the attendance of witnesses and
the production of 
 documents only if there is reason to believe that such

 procedures would provide evidence that such violations 
 have occurred.

  If any person fails to obey a subpoena issued under 
 this subsection,
the Director may apply to any circuit 
 court to secure compliance with the
subpoena. The failure 
 to comply with the order of the court issued in
response 
 thereto shall be punishable as contempt of court.

  (i) To appoint and remove the chief administrative 
 officers, and
administer
programs of training and 
 development of personnel of the Department. Personnel

 assigned by the Department to be responsible for the

 custody and control of committed persons or to investigate 
 the alleged
misconduct of committed persons or employees 
 or alleged violations of a
parolee's or releasee's 
 conditions of parole shall be conservators of the peace

 for those purposes, and shall have the full power of peace 
 officers outside
of the facilities of the Department in 
 the protection, arrest, retaking,
and reconfining of 
 committed persons or where the exercise of such power
is 
 necessary to the investigation of such misconduct or 
 violations. This subsection shall not apply to persons 
 committed to the Department of Juvenile Justice under the 
 Juvenile Court Act of 1987 on aftercare release.

  (j) To cooperate with other departments and agencies 
 and with local
communities for the development of 
 standards and programs for better
correctional services in 
 this State.

  (k) To administer all moneys and properties of the 
 Department.

  (l) To report annually to the Governor on the 
 committed
persons, institutions, and programs of the 
 Department.

  (l-5) (Blank).

  (m) To make all rules and regulations and exercise all 
 powers and duties
vested by law in the Department.

  (n) To establish rules and regulations for 
 administering a system of
sentence credits, established in 
 accordance with Section 3-6-3, subject
to review by the 
 Prisoner Review Board.

  (o) To administer the distribution of funds
from the 
 State Treasury to reimburse counties where State penal

 institutions are located for the payment of assistant 
 state's attorneys'
salaries under Section 4-2001 of the 
 Counties Code.

  (p) To exchange information with the Department of 
 Human Services and the
Department of Healthcare and Family 
 Services
for the purpose of verifying living arrangements 
 and for other purposes
directly connected with the 
 administration of this Code and the Illinois
Public Aid 
 Code.

  (q) To establish a diversion program.

  The program shall provide a structured environment for 
 selected
technical parole or mandatory supervised release 
 violators and committed
persons who have violated the 
 rules governing their conduct while in work
release. This 
 program shall not apply to those persons who have 
 committed
a new offense while serving on parole or 
 mandatory supervised release or
while committed to work 
 release.

  Elements of the program shall include, but shall not 
 be limited to, the
following:

   (1) The staff of a diversion facility shall 
 provide supervision in
accordance with required 
 objectives set by the facility.

   (2) Participants shall be required to maintain 
 employment.

   (3) Each participant shall pay for room and board 
 at the facility on a
sliding-scale basis according to 
 the participant's income.

   (4) Each participant shall:

    (A) provide restitution to victims in 
 accordance with any court order;

    (B) provide financial support to his 
 dependents; and

    (C) make appropriate payments toward any other 
 court-ordered
obligations.

   (5) Each participant shall complete community 
 service in addition to
employment.

   (6) Participants shall take part in such 
 counseling, educational, and
other programs as the 
 Department may deem appropriate.

   (7) Participants shall submit to drug and alcohol 
 screening.

   (8) The Department shall promulgate rules 
 governing the administration
of the program.

  (r) To enter into intergovernmental cooperation 
 agreements under which
persons in the custody of the 
 Department may participate in a county impact

 incarceration program established under Section 3-6038 or 
 3-15003.5 of the
Counties Code.

  (r-5) (Blank).

  (r-10) To systematically and routinely identify with 
 respect to each
streetgang active within the correctional 
 system: (1) each active gang; (2)
every existing 
 inter-gang affiliation or alliance; and (3) the current 
 leaders
in each gang. The Department shall promptly 
 segregate leaders from inmates who
belong to their gangs 
 and allied gangs. "Segregate" means no physical contact

 and, to the extent possible under the conditions and space 
 available at the
correctional facility, prohibition of 
 visual and sound communication. For the
purposes of this 
 paragraph (r-10), "leaders" means persons who:

   (i) are members of a criminal streetgang;

   (ii) with respect to other individuals within the 
 streetgang, occupy a
position of organizer, 
 supervisor, or other position of management or

 leadership; and

   (iii) are actively and personally engaged in 
 directing, ordering,
authorizing, or requesting 
 commission of criminal acts by others, which are

 punishable as a felony, in furtherance of streetgang 
 related activity both
within and outside of the 
 Department of Corrections.

 "Streetgang", "gang", and "streetgang related" have the 
 meanings ascribed to
them in Section 10 of the Illinois 
 Streetgang Terrorism Omnibus Prevention
Act.

  (s) To operate a super-maximum security institution, 
 in order to
manage and
supervise inmates who are 
 disruptive or dangerous and provide for the safety
and 
 security of the staff and the other inmates.

  (t) To monitor any unprivileged conversation or any 
 unprivileged
communication, whether in person or by mail, 
 telephone, or other means,
between an inmate who, before 
 commitment to the Department, was a member of an
organized 
 gang and any other person without the need to show cause or 
 satisfy
any other requirement of law before beginning the 
 monitoring, except as
constitutionally required. The 
 monitoring may be by video, voice, or other
method of 
 recording or by any other means. As used in this 
 subdivision (1)(t),
"organized gang" has the meaning 
 ascribed to it in Section 10 of the Illinois
Streetgang 
 Terrorism Omnibus Prevention Act.

  As used in this subdivision (1)(t), "unprivileged 
 conversation" or
"unprivileged communication" means a 
 conversation or communication that is not
protected by any 
 privilege recognized by law or by decision, rule, or order 
 of
the Illinois Supreme Court.

  (u) To establish a Women's and Children's Pre-release 
 Community
Supervision
Program for the purpose of providing 
 housing and services to eligible female
inmates, as 
 determined by the Department, and their newborn and young

 children.

  (u-5) To issue an order, whenever a person committed 
 to the Department absconds or absents himself or herself, 
 without authority to do so, from any facility or program 
 to which he or she is assigned. The order shall be 
 certified by the Director, the Supervisor of the 
 Apprehension Unit, or any person duly designated by the 
 Director, with the seal of the Department affixed. The 
 order shall be directed to all sheriffs, coroners, and 
 police officers, or to any particular person named in the 
 order. Any order issued pursuant to this subdivision 
 (1)(u-5) shall be sufficient warrant for the officer or 
 person named in the order to arrest and deliver the 
 committed person to the proper correctional officials and 
 shall be executed the same as criminal process. 
  (u-6) To appoint a point of contact person who shall

 receive suggestions, complaints, or other requests to the

 Department from visitors to Department institutions or

 facilities and from other members of the public.
  (v) To do all other acts necessary to carry out the 
 provisions
of this Chapter.

 (2) The Department of Corrections shall by January 1, 
1998, consider
building and operating a correctional facility 
within 100 miles of a county of
over 2,000,000 inhabitants, 
especially a facility designed to house juvenile
participants 
in the impact incarceration program.

 (3) When the Department lets bids for contracts for 
medical
services to be provided to persons committed to 
Department facilities by
a health maintenance organization, 
medical service corporation, or other
health care provider, 
the bid may only be let to a health care provider
that has 
obtained an irrevocable letter of credit or performance bond

issued by a company whose bonds have an investment grade or 
higher rating by a bond rating
organization.

 (4) When the Department lets bids for
contracts for food 
or commissary services to be provided to
Department 
facilities, the bid may only be let to a food or commissary

services provider that has obtained an irrevocable letter of

credit or performance bond issued by a company whose bonds 
have an investment grade or higher rating by a bond rating 
organization.

 (5) On and after the date 6 months after August 16, 2013 
(the effective date of Public Act 98-488), as provided in the 
Executive Order 1 (2012) Implementation Act, all of the 
powers, duties, rights, and responsibilities related to State 
healthcare purchasing under this Code that were transferred 
from the Department of Corrections to the Department of 
Healthcare and Family Services by Executive Order 3 (2005) are 
transferred back to the Department of Corrections; however, 
powers, duties, rights, and responsibilities related to State 
healthcare purchasing under this Code that were exercised by 
the Department of Corrections before the effective date of 
Executive Order 3 (2005) but that pertain to individuals 
resident in facilities operated by the Department of Juvenile 
Justice are transferred to the Department of Juvenile Justice. 
(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21; 
102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised 
10-15-21.)


 (730 ILCS 5/Ch. III Art. 3 heading)
ARTICLE 3.  PRISONER REVIEW   PAROLE AND PARDON  BOARD



 (730 ILCS 5/3-3-14)
 Sec. 3-3-14. Procedure for medical release.
 (a) Definitions. :
  (1) As used in this Section, "medically incapacitated" 
 means that an inmate has any diagnosable medical 
 condition, including dementia and severe, permanent 
 medical or cognitive disability, that prevents the inmate 
 from completing more than one activity of daily living 
 without assistance or that incapacitates the inmate to the 
 extent that institutional confinement does not offer 
 additional restrictions, and that the condition is 
 unlikely to improve noticeably in the future.
  (2) As used in this Section, "terminal illness" means 
 a condition that satisfies all of the following criteria: 
   (i) the condition is irreversible and incurable; 
 and
   (ii) in accordance with medical standards and a 
 reasonable degree of medical certainty,
based on an 
 individual assessment of the inmate, the condition is 
 likely to cause death to
the inmate within 18 months. 
 (b) The Prisoner Review Board shall consider an 
application for compassionate release on behalf of any inmate 
who meets any of the following:
  (1) is suffering from a terminal illness; or
  (2) has been diagnosed with a condition that will 
 result in medical incapacity within the next 6 months; or
  (3) has become medically incapacitated subsequent to 
 sentencing due to illness or injury. 
 (c) Initial application. Application: 
  (1) An initial application for medical release may be 
 filed with the Prisoner Review Board by an inmate, a 
 prison official, a medical professional who has treated or 
 diagnosed the inmate, or an inmate's spouse, parent, 
 guardian, grandparent, aunt or uncle, sibling, child over 
 the age of eighteen years, or attorney. If the initial 
 application is made by someone other than the inmate, the 
 inmate, or if the inmate is they are medically unable to 
 consent, the guardian or family member designated to 
 represent the inmate's their interests must consent to the 
 application at the time of the institutional hearing.
  (2) Application materials shall be maintained on the 
 Prisoner Review Board's website and , the Department of 
 Corrections' website, and maintained in a clearly visible 
 place within the law library and the infirmary of every 
 penal institution and facility operated by the Department 
 of Corrections. 
  (3) The initial application need not be notarized, can 
 be sent via email or facsimile, and must contain the 
 following information: 
   (i) the inmate's name and Illinois Department of 
 Corrections number;
   (ii) the inmate's diagnosis;
   (iii) a statement that the inmate meets one of the 
 following diagnostic criteria: 
    (A) (a) the inmate is suffering from a 
 terminal illness;
    (B) (b) the inmate has been diagnosed with a 
 condition that will result in
medical incapacity 
 within the next 6 months; or
    (C) (c) the inmate has become medically 
 incapacitated subsequent to
sentencing due to 
 illness or injury. 
  (4) Upon receiving the inmate's initial application, 
 the Board shall order the Department of Corrections to 
 have a physician or nurse practitioner evaluate the inmate 
 and create a written evaluation within ten days of the 
 Board's order. The evaluation shall include but need not 
 be limited to: 
   (i) a concise statement of the inmate's medical 
 diagnosis, including prognosis,
likelihood of 
 recovery, and primary symptoms, to include 
 incapacitation; and
   (ii) a statement confirming or denying that the 
 inmate meets one of the criteria
stated in subsection 
 (b) of this Section. 
 (d) Institutional hearing. No public institutional hearing 
is required for consideration of a petition, but shall be 
granted at the request of the petitioner. The inmate may be 
represented by counsel and may present witnesses to the Board 
members. Hearings shall be governed by the Open Parole 
Hearings Act.
 (e) Voting procedure. Petitions shall be considered by 
three-member panels, and decisions shall be made by simple 
majority.
 (f) Consideration. In considering a petition for release 
under the statute, the Prisoner Review Board may consider the 
following factors: 
   (i) the inmate's diagnosis and likelihood of 
 recovery;
   (ii) the approximate cost of health care to the 
 State should the inmate remain in custody;
   (iii) the impact that the inmate's continued 
 incarceration may have on the provision of
medical 
 care within the Department;
   (iv) the present likelihood of and ability to pose 
 a substantial danger to the physical safety
of a 
 specifically identifiable person or persons;
   (v) any statements by the victim regarding 
 release; and
   (vi) whether the inmate's condition was explicitly 
 disclosed to the original sentencing judge
and taken 
 into account at the time of sentencing. 
 (g) Inmates granted medical release shall be released on 
mandatory supervised release for a period of 5 years subject 
to Section 3-3-8, which shall operate to discharge any 
remaining term of years imposed upon him or her. However, in no 
event shall the eligible person serve a period of mandatory 
supervised release greater than the aggregate of the 
discharged underlying sentence and the mandatory supervised 
release period as set forth in Section 5-4.5-20.
 (h) Within 90 days of the receipt of the initial 
application, the Prisoner Review Board shall conduct a hearing 
if a hearing is requested and render a decision granting or 
denying the petitioner's request for release.
 (i) Nothing in this statute shall preclude a petitioner 
from seeking alternative forms of release, including clemency, 
relief from the sentencing court, post-conviction relief, or 
any other legal remedy.
 (j) This act applies retroactively, and shall be 
applicable to all currently incarcerated people in Illinois.
 (k) Data report. The Department of Corrections and the 
Prisoner Review Board shall release a report annually 
published on their websites that reports the following 
information about the Medical Release Program:
  (1) The number of applications for medical release 
 received by the Board in the preceding year, and 
 information about those applications, including: 
   (i) demographic data about the individual, 
 including race or ethnicity, gender, age, and 
 institution;
   (ii) the highest class of offense for which the 
 individual is incarcerated;
   (iii) the relationship of the applicant to the 
 person completing the application;
   (iv) whether the applicant had applied for medical 
 release before and been denied, and, if so, when;
   (v) whether the person applied as a person who is 
 medically incapacitated or a person who is terminally 
 ill; and
   (vi) a basic description of the underlying medical 
 condition that led to the application. 
  (2) The number of medical statements from the 
 Department of Corrections received by the Board. ;
  (3) The number of institutional hearings on medical 
 release applications conducted by the Board. ;
  (4) The number of people approved for medical release, 
 and information about them, including: 
   (i) demographic data about the individual 
 including race or ethnicity, gender, age, and zip code 
 to which they were released;
   (ii) whether the person applied as a person who is 
 medically incapacitated or a person who is terminally 
 ill;
   (iii) a basic description of the underlying 
 medical condition that led to the application; and
   (iv) a basic description of the medical setting 
 the person was released to. 
  (5) The number of people released on the medical 
 release program. ;
  (6) The number of people approved for medical release 
 who experienced more than a one-month one month
delay 
 between release decision and ultimate release, including: ; 
   (i) demographic data about the individuals 
 including race or ethnicity, gender and age;
   (ii) the reason for the delay;
   (iii) whether the person remains incarcerated; and
   (iv) a basic description of the underlying medical 
 condition of the applying person. 
  (7) For those individuals released on mandatory 
 supervised release due to a granted application for 
 medical release: ; 
   (i) the number of individuals who were serving 
 terms of mandatory supervised release because of 
 medical release applications during the previous year; 
   (ii) the number of individuals who had their 
 mandatory supervised release revoked; and
   (iii) the number of individuals who died during 
 the previous year. 
  (8) Information on seriously ill individuals 
 incarcerated at the Department of Corrections, including: 
   (i) the number of people currently receiving 
 full-time one-on-one medical care or assistance with 
 activities of daily living within Department of 
 Corrections facilities and whether that care is 
 provided by a medical practitioner or an inmate, along 
 with the institutions at which they are incarcerated; 
 and
   (ii) the number of people who spent more than one 
 month in outside hospital care during the previous 
 year and their home institutions. 
 All the information provided in this report shall be 
provided in aggregate, and nothing shall be
construed to 
require the public dissemination of any personal medical 
information. 

(Source: P.A. 102-494, eff. 1-1-22; revised 11-24-21.)

 (730 ILCS 5/3-6-7.2)
 Sec. 3-6-7.2. Educational programming programing for 
pregnant committed persons. The Department shall develop and 
provide to each pregnant committed person educational 
programming relating to pregnancy and parenting. The 
programming must include instruction regarding:
  (1) appropriate prenatal care and hygiene;
  (2) the effects of prenatal exposure to alcohol and 
 drugs on a developing fetus;
  (3) parenting skills; and
  (4) medical and mental health issues applicable to 
 children. 

(Source: P.A. 101-652, eff. 7-1-21; revised 11-24-21.)



 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)



 Sec. 3-14-1. Release from the institution. 

 (a) Upon release of a person on parole, mandatory release, 
final
discharge, or pardon, the Department shall return all 
property held for
him, provide him with suitable clothing and 
procure necessary
transportation for him to his designated 
place of residence and
employment. It may provide such person 
with a grant of money for travel and
expenses which may be paid 
in installments. The amount of the money grant
shall be 
determined by the Department.

 (a-1) The Department shall, before a wrongfully imprisoned 
person, as defined in Section 3-1-2 of this Code, is 
discharged from the Department, provide him or her with any 
documents necessary after discharge. 
 (a-2) The Department of Corrections may establish and 
maintain, in any institution
it administers, revolving funds 
to be known as "Travel and Allowances Revolving
Funds". These 
revolving funds shall be used for advancing travel and expense

allowances to committed, paroled, and discharged prisoners. 
The moneys
paid into such revolving funds shall be from 
appropriations to the Department
for Committed, Paroled, and 
Discharged Prisoners.

 (a-3) Upon release of a person who is eligible to vote on 
parole, mandatory release, final discharge, or pardon, the 
Department shall provide the person with a form that informs 
him or her that his or her voting rights have been restored and 
a voter registration application. The Department shall have 
available voter registration applications in the languages 
provided by the Illinois State Board of Elections. The form 
that informs the person that his or her rights have been 
restored shall include the following information:
  (1) All voting rights are restored upon release from 
 the Department's custody.
  (2) A person who is eligible to vote must register in 
 order to be able to vote. 
 The Department of Corrections shall confirm that the 
person received the voter registration application and has 
been informed that his or her voting rights have been 
restored. 
 (a-4) Prior to release of a person on parole, mandatory 
supervised release, final discharge, or pardon, the Department 
shall screen every person for Medicaid eligibility. Officials 
of the correctional institution or facility where the 
committed person is assigned shall assist an eligible person 
to complete a Medicaid application to ensure that the person 
begins receiving benefits as soon as possible after his or her 
release. The application must include the eligible person's 
address associated with his or her residence upon release from 
the facility. If the residence is temporary, the eligible 
person must notify the Department of Human Services of his or 
her change in address upon transition to permanent housing. 
 (b) (Blank).

 (c) Except as otherwise provided in this Code, the 
Department shall
establish procedures to provide written 
notification of any release of any
person who has been 
convicted of a felony to the State's Attorney
and sheriff of 
the county from which the offender was committed, and the

State's Attorney and sheriff of the county into which the 
offender is to be
paroled or released. Except as otherwise 
provided in this Code, the
Department shall establish 
procedures to provide written notification to
the proper law 
enforcement agency for any municipality of any release of any

person who has been convicted of a felony if the arrest of the 
offender or the
commission of the offense took place in the 
municipality, if the offender is to
be paroled or released 
into the municipality, or if the offender resided in the

municipality at the time of the commission of the offense. If a 
person
convicted of a felony who is in the custody of the 
Department of Corrections or
on parole or mandatory supervised 
release informs the Department that he or she
has resided, 
resides, or will
reside at an address that is a housing 
facility owned, managed,
operated, or leased by a public 
housing agency, the Department must send
written notification 
of that information to the public housing agency that
owns, 
manages, operates, or leases the housing facility. The written

notification shall, when possible, be given at least 14 days 
before release of
the person from custody, or as soon 
thereafter as possible. The written notification shall be 
provided electronically if the State's Attorney, sheriff, 
proper law enforcement agency, or public housing agency has 
provided the Department with an accurate and up to date email 
address. 

 (c-1) (Blank).
 (c-2) The Department shall establish procedures to provide 
notice to the Illinois State Police of the release or 
discharge of persons convicted of violations of the 
Methamphetamine Control and Community
Protection Act or a 
violation of the Methamphetamine Precursor Control Act. The 
Illinois State Police shall make this information available to 
local, State, or federal law enforcement agencies upon 
request.
 (c-5) If a person on parole or mandatory supervised 
release becomes a resident of a facility licensed or regulated 
by the Department of Public Health, the Illinois Department of 
Public Aid, or the Illinois Department of Human Services, the 
Department of Corrections shall provide copies of the 
following information to the appropriate licensing or 
regulating Department and the licensed or regulated facility 
where the person becomes a resident:
  (1) The mittimus and any pre-sentence investigation 
 reports.
  (2) The social evaluation prepared pursuant to Section 
 3-8-2.
  (3) Any pre-release evaluation conducted pursuant to 
 subsection (j) of Section 3-6-2.
  (4) Reports of disciplinary infractions and 
 dispositions.
  (5) Any parole plan, including orders issued by the 
 Prisoner Review Board, and any violation reports and 
 dispositions.
  (6) The name and contact information for the assigned 
 parole agent and parole supervisor.

 This information shall be provided within 3 days of the 
person becoming a resident of the facility.

 (c-10) If a person on parole or mandatory supervised 
release becomes a resident of a facility licensed or regulated 
by the Department of Public Health, the Illinois Department of 
Public Aid, or the Illinois Department of Human Services, the 
Department of Corrections shall provide written notification 
of such residence to the following:
  (1) The Prisoner Review Board.
  (2) The
chief of police and sheriff in the 
 municipality and county in which the licensed facility is 
 located.
 The notification shall be provided within 3 days of the 
person becoming a resident of the facility.


 (d) Upon the release of a committed person on parole, 
mandatory
supervised release, final discharge, or pardon, the 
Department shall provide
such person with information 
concerning programs and services of the
Illinois Department of 
Public Health to ascertain whether such person has
been 
exposed to the human immunodeficiency virus (HIV) or any 
identified
causative agent of Acquired Immunodeficiency 
Syndrome (AIDS).

 (e) Upon the release of a committed person on parole, 
mandatory supervised
release, final discharge, pardon, or who 
has been wrongfully imprisoned, the Department shall verify 
the released person's full name, date of birth, and social 
security number. If verification is made by the Department by 
obtaining a certified copy of the released person's birth 
certificate and the released person's social security card or 
other documents authorized by the Secretary, the Department 
shall provide the birth certificate and social security card 
or other documents authorized by the Secretary to the released 
person. If verification by the Department is done by means 
other than obtaining a certified copy of the released person's 
birth certificate and the released person's social security 
card or other documents authorized by the Secretary, the 
Department shall complete a verification form, prescribed by 
the Secretary of State, and shall provide that verification 
form to the released person.

 (f) Forty-five days prior to the scheduled discharge of a 
person committed to the custody of the Department of 
Corrections, the Department shall give the person:
  (1) who is otherwise uninsured an opportunity to apply 
 for health care coverage including medical assistance 
 under Article V of the Illinois Public Aid Code in 
 accordance with subsection (b) of Section 1-8.5 of the 
 Illinois Public Aid Code, and the Department of 
 Corrections shall provide assistance with completion of 
 the application for health care coverage including medical 
 assistance;
  (2) information about obtaining a standard Illinois 
 Identification Card or a limited-term Illinois 
 Identification Card under Section 4 of the Illinois 
 Identification Card Act;
  (3) information about voter registration and may 
 distribute information prepared by the State Board of 
 Elections. The Department of Corrections may enter into an 
 interagency contract with the State Board of Elections to 
 participate in the automatic voter registration program 
 and be a designated automatic voter registration agency 
 under Section 1A-16.2 of the Election Code;
  (4) information about job listings upon discharge from 
 the correctional institution or facility;
  (5) information about available housing upon discharge 
 from the correctional institution or facility;
  (6) a directory of elected State officials and of 
 officials elected in the county and municipality, if any, 
 in which the committed person intends to reside upon 
 discharge from the correctional institution or facility; 
 and
  (7) any other information that the Department of 
 Corrections deems necessary to provide the committed 
 person in order for the committed person to reenter the 
 community and avoid recidivism. 
 The Department may adopt rules to implement this Section. 
(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; 
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. 
1-1-22; revised 10-15-21.)




 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)


 Sec. 5-4-1. Sentencing hearing. 

 (a) Except when the death penalty is
sought under hearing 
procedures otherwise specified, after a
determination of 
guilt, a hearing shall be held to impose the sentence.

However, prior to the imposition of sentence on an individual 
being
sentenced for an offense based upon a charge for a 
violation of Section
11-501 of the Illinois Vehicle Code or a 
similar provision of a local
ordinance, the individual must 
undergo a professional evaluation to
determine if an alcohol 
or other drug abuse problem exists and the extent
of such a 
problem. Programs conducting these evaluations shall be

licensed by the Department of Human Services. However, if the 
individual is
not a resident of Illinois, the court
may, in its 
discretion, accept an evaluation from a program in the state 
of
such individual's residence. The court shall make a 
specific finding about whether the defendant is eligible for 
participation in a Department impact incarceration program as 
provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an 
explanation as to why a sentence to impact incarceration is 
not an appropriate sentence. The court may in its sentencing 
order recommend a defendant for placement in a Department of 
Corrections substance abuse treatment program as provided in 
paragraph (a) of subsection (1) of Section 3-2-2 conditioned 
upon the defendant being accepted in a program by the 
Department of Corrections. At the
hearing the court
shall:

  (1) consider the evidence, if any, received upon the 
 trial;

  (2) consider any presentence reports;

  (3) consider the financial impact of incarceration 
 based on the
financial impact statement filed with the 
 clerk of the court by the
Department of Corrections;

  (4) consider evidence and information offered by the 
 parties in
aggravation and mitigation;
  (4.5) consider substance abuse treatment, eligibility 
 screening, and an assessment, if any, of the defendant by 
 an agent designated by the State of Illinois to provide 
 assessment services for the Illinois courts;


  (5) hear arguments as to sentencing alternatives;

  (6) afford the defendant the opportunity to make a 
 statement in his
own behalf;

  (7) afford the victim of a violent crime or a 
 violation of Section
11-501 of the Illinois Vehicle Code, 
 or a similar provision of a local
ordinance, the 
 opportunity to present an oral or written statement, as 
 guaranteed by Article I, Section 8.1 of the Illinois 
 Constitution and provided in Section 6 of the Rights of 
 Crime Victims and Witnesses Act. The court shall allow a 
 victim to make an oral statement if the victim is present 
 in the courtroom and requests to make an oral or written 
 statement. An oral or written statement includes the 
 victim or a representative of the victim reading the 
 written statement. The court may allow persons impacted by 
 the crime who are not victims under subsection (a) of 
 Section 3 of the Rights of Crime Victims and Witnesses Act 
 to present an oral or written statement. A victim and any 
 person making an oral statement shall not be put under 
 oath or subject to cross-examination. All statements 
 offered under this paragraph
(7) shall become part of the 
 record of the court. In this
paragraph (7), "victim of a 
 violent crime" means a person who is a victim of a violent 
 crime for which the defendant has been convicted after a 
 bench or jury trial or a person who is the victim of a 
 violent crime with which the defendant was charged and the 
 defendant has been convicted under a plea agreement of a 
 crime that is not a violent crime as defined in subsection 
 (c) of 3 of the Rights of Crime Victims and Witnesses Act;
  (7.5) afford a qualified person affected by: (i) a 
 violation of Section 405, 405.1, 405.2, or 407 of the 
 Illinois Controlled Substances Act or a violation of 
 Section 55 or Section 65 of the Methamphetamine Control 
 and Community Protection Act; or (ii) a Class 4 felony 
 violation of Section 11-14, 11-14.3 except as described in 
 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, 
 11-18.1, or 11-19 of the Criminal Code of 1961 or the 
 Criminal Code of 2012, committed by the defendant the 
 opportunity to make a statement concerning the impact on 
 the qualified person and to offer evidence in aggravation 
 or mitigation; provided that the statement and evidence 
 offered in aggravation or mitigation shall first be 
 prepared in writing in conjunction with the State's 
 Attorney before it may be presented orally at the hearing. 
 Sworn testimony offered by the qualified person is subject 
 to the defendant's right to cross-examine. All statements 
 and evidence offered under this paragraph (7.5) shall 
 become part of the record of the court. In this paragraph 
 (7.5), "qualified person" means any person who: (i) lived 
 or worked within the territorial jurisdiction where the 
 offense took place when the offense took place; or (ii) is 
 familiar with various public places within the territorial 
 jurisdiction where the offense took place when the offense 
 took place. "Qualified person" includes any peace officer 
 or any member of any duly organized State, county, or 
 municipal peace officer unit assigned to the territorial 
 jurisdiction where the offense took place when the offense 
 took place;

  (8) in cases of reckless homicide afford the victim's 
 spouse,
guardians, parents or other immediate family 
 members an opportunity to make
oral statements;

  (9) in cases involving a felony sex offense as defined 
 under the Sex
Offender
Management Board Act, consider the 
 results of the sex offender evaluation
conducted pursuant 
 to Section 5-3-2 of this Act; and

  (10) make a finding of whether a motor vehicle was 
 used in the commission of the offense for which the 
 defendant is being sentenced. 
 (b) All sentences shall be imposed by the judge based upon 
his
independent assessment of the elements specified above and 
any agreement
as to sentence reached by the parties. The judge 
who presided at the
trial or the judge who accepted the plea of 
guilty shall impose the
sentence unless he is no longer 
sitting as a judge in that court. Where
the judge does not 
impose sentence at the same time on all defendants
who are 
convicted as a result of being involved in the same offense, 
the
defendant or the State's Attorney may advise the 
sentencing court of the
disposition of any other defendants 
who have been sentenced.

 (b-1) In imposing a sentence of imprisonment or periodic 
imprisonment for a Class 3 or Class 4 felony for which a 
sentence of probation or conditional discharge is an available 
sentence, if the defendant has no prior sentence of probation 
or conditional discharge and no prior conviction for a violent 
crime, the defendant shall not be sentenced to imprisonment 
before review and consideration of a presentence report and 
determination and explanation of why the particular evidence, 
information, factor in aggravation, factual finding, or other 
reasons support a sentencing determination that one or more of 
the factors under subsection (a) of Section 5-6-1 of this Code 
apply and that probation or conditional discharge is not an 
appropriate sentence. 
 (c) In imposing a sentence for a violent crime or for an 
offense of
operating or being in physical control of a vehicle 
while under the
influence of alcohol, any other drug or any 
combination thereof, or a
similar provision of a local 
ordinance, when such offense resulted in the
personal injury 
to someone other than the defendant, the trial judge shall

specify on the record the particular evidence, information, 
factors in
mitigation and aggravation or other reasons that 
led to his sentencing
determination. The full verbatim record 
of the sentencing hearing shall be
filed with the clerk of the 
court and shall be a public record.

 (c-1) In imposing a sentence for the offense of aggravated 
kidnapping for
ransom, home invasion, armed robbery, 
aggravated vehicular hijacking,
aggravated discharge of a 
firearm, or armed violence with a category I weapon
or 
category II weapon,
the trial judge shall make a finding as to 
whether the conduct leading to
conviction for the offense 
resulted in great bodily harm to a victim, and
shall enter that 
finding and the basis for that finding in the record.

 (c-1.5) Notwithstanding any other provision of law to the 
contrary, in imposing a sentence for an offense that requires 
a mandatory minimum sentence of imprisonment, the court may 
instead sentence the offender to probation, conditional 
discharge, or a lesser term of imprisonment it deems 
appropriate if: (1) the offense involves the use or possession 
of drugs, retail theft, or driving on a revoked license due to 
unpaid financial obligations; (2) the court finds that the 
defendant does not pose a risk to public safety; and (3) the 
interest of justice requires imposing a term of probation, 
conditional discharge, or a lesser term of imprisonment. The 
court must state on the record its reasons for imposing 
probation, conditional discharge, or a lesser term of 
imprisonment.
 (c-2) If the defendant is sentenced to prison, other than 
when a sentence of
natural life imprisonment or a sentence of 
death is imposed, at the time
the sentence is imposed the judge 
shall
state on the record in open court the approximate period 
of time the defendant
will serve in custody according to the 
then current statutory rules and
regulations for sentence 
credit found in Section 3-6-3 and other related
provisions of 
this Code. This statement is intended solely to inform the

public, has no legal effect on the defendant's actual release, 
and may not be
relied on by the defendant on appeal.

 The judge's statement, to be given after pronouncing the 
sentence, other than
when the sentence is imposed for one of 
the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, 
shall include the following:

 "The purpose of this statement is to inform the public of 
the actual period
of time this defendant is likely to spend in 
prison as a result of this
sentence. The actual period of 
prison time served is determined by the
statutes of Illinois 
as applied to this sentence by the Illinois Department of

Corrections and
the Illinois Prisoner Review Board. In this 
case, assuming the defendant
receives all of his or her 
sentence credit, the period of estimated actual
custody is ... 
years and ... months, less up to 180 days additional earned 
sentence credit. If the defendant, because of his or
her own 
misconduct or failure to comply with the institutional 
regulations,
does not receive those credits, the actual time 
served in prison will be
longer. The defendant may also 
receive an additional one-half day sentence
credit for each 
day of participation in vocational, industry, substance abuse,

and educational programs as provided for by Illinois statute."

 When the sentence is imposed for one of the offenses 
enumerated in paragraph
(a)(2) of Section 3-6-3, other than 
first degree murder, and the offense was
committed on or after 
June 19, 1998, and when the sentence is imposed for
reckless 
homicide as defined in subsection (e) of Section 9-3 of the 
Criminal
Code of 1961 or the Criminal Code of 2012 if the 
offense was committed on or after January 1, 1999,
and when the 
sentence is imposed for aggravated driving under the influence

of alcohol, other drug or drugs, or intoxicating compound or 
compounds, or
any combination thereof as defined in 
subparagraph (F) of paragraph (1) of
subsection (d) of Section 
11-501 of the Illinois Vehicle Code, and when
the sentence is 
imposed for aggravated arson if the offense was committed
on 
or after July 27, 2001 (the effective date of Public Act 
92-176), and when
the sentence is imposed for aggravated 
driving under the influence of alcohol,
other drug or drugs, 
or intoxicating compound or compounds, or any combination

thereof as defined in subparagraph (C) of paragraph (1) of 
subsection (d) of
Section 11-501 of the Illinois Vehicle Code 
committed on or after January 1, 2011 (the effective date of 
Public Act 96-1230), the judge's
statement, to be given after 
pronouncing the sentence, shall include the
following:

 "The purpose of this statement is to inform the public of 
the actual period
of time this defendant is likely to spend in 
prison as a result of this
sentence. The actual period of 
prison time served is determined by the
statutes of Illinois 
as applied to this sentence by the Illinois Department of

Corrections and
the Illinois Prisoner Review Board. In this 
case,
the defendant is entitled to no more than 4 1/2 days of 
sentence credit for
each month of his or her sentence of 
imprisonment. Therefore, this defendant
will serve at least 
85% of his or her sentence. Assuming the defendant
receives 4 
1/2 days credit for each month of his or her sentence, the 
period
of estimated actual custody is ... years and ... 
months. If the defendant,
because of his or her own misconduct 
or failure to comply with the
institutional regulations 
receives lesser credit, the actual time served in
prison will 
be longer."

 When a sentence of imprisonment is imposed for first 
degree murder and
the offense was committed on or after June 
19, 1998, the judge's statement,
to be given after pronouncing 
the sentence, shall include the following:

 "The purpose of this statement is to inform the public of 
the actual period
of time this defendant is likely to spend in 
prison as a result of this
sentence. The actual period of 
prison time served is determined by the
statutes of Illinois 
as applied to this sentence by the Illinois Department
of 
Corrections and the Illinois Prisoner Review Board. In this 
case, the
defendant is not entitled to sentence credit. 
Therefore, this defendant
will serve 100% of his or her 
sentence."

 When the sentencing order recommends placement in a 
substance abuse program for any offense that results in 
incarceration
in a Department of Corrections facility and the 
crime was
committed on or after September 1, 2003 (the 
effective date of Public Act
93-354), the judge's
statement, 
in addition to any other judge's statement required under this

Section, to be given after pronouncing the sentence, shall 
include the
following:

 "The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois 
as
applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, the defendant shall receive no earned sentence credit 
under clause (3) of subsection (a) of Section 3-6-3 until he or

she participates in and completes a substance abuse treatment 
program or receives a waiver from the Director of Corrections 
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."

 (c-4) Before the sentencing hearing and as part of the 
presentence investigation under Section 5-3-1, the court shall 
inquire of the defendant whether the defendant is currently 
serving in or is a veteran of the Armed Forces of the United 
States.
If the defendant is currently serving in the Armed 
Forces of the United States or is a veteran of the Armed Forces 
of the United States and has been diagnosed as having a mental 
illness by a qualified psychiatrist or clinical psychologist 
or physician, the court may:
  (1) order that the officer preparing the presentence 
 report consult with the United States Department of 
 Veterans Affairs, Illinois Department of Veterans' 
 Affairs, or another agency or person with suitable 
 knowledge or experience for the purpose of providing the 
 court with information regarding treatment options 
 available to the defendant, including federal, State, and 
 local programming; and
  (2) consider the treatment recommendations of any 
 diagnosing or treating mental health professionals 
 together with the treatment options available to the 
 defendant in imposing sentence.
 For the purposes of this subsection (c-4), "qualified 
psychiatrist" means a reputable physician licensed in Illinois 
to practice medicine in all its branches, who has specialized 
in the diagnosis and treatment of mental and nervous disorders 
for a period of not less than 5 years. 
 (c-6) In imposing a sentence, the trial judge shall 
specify, on the record, the particular evidence and other 
reasons which led to his or her determination that a motor 
vehicle was used in the commission of the offense. 
 (c-7) In imposing a sentence for a Class 3 or 4 felony, 
other than a violent crime as defined in Section 3 of the 
Rights of Crime Victims and Witnesses Act, the court shall 
determine and indicate in the sentencing order whether the 
defendant has 4 or more or fewer than 4 months remaining on his 
or her sentence accounting for time served. 
 (d) When the defendant is committed to the Department of

Corrections, the State's Attorney shall and counsel for the 
defendant
may file a statement with the clerk of the court to 
be transmitted to
the department, agency or institution to 
which the defendant is
committed to furnish such department, 
agency or institution with the
facts and circumstances of the 
offense for which the person was
committed together with all 
other factual information accessible to them
in regard to the 
person prior to his commitment relative to his habits,

associates, disposition and reputation and any other facts and

circumstances which may aid such department, agency or 
institution
during its custody of such person. The clerk shall 
within 10 days after
receiving any such statements transmit a 
copy to such department, agency
or institution and a copy to 
the other party, provided, however, that
this shall not be 
cause for delay in conveying the person to the
department, 
agency or institution to which he has been committed.

 (e) The clerk of the court shall transmit to the 
department,
agency or institution, if any, to which the 
defendant is committed, the
following:

  (1) the sentence imposed;

  (2) any statement by the court of the basis for 
 imposing the sentence;

  (3) any presentence reports;

  (3.5) any sex offender evaluations;

  (3.6) any substance abuse treatment eligibility 
 screening and assessment of the defendant by an agent 
 designated by the State of Illinois to provide assessment 
 services for the Illinois courts;

  (4) the number of days, if any, which the defendant 
 has been in
custody and for which he is entitled to credit 
 against the sentence,
which information shall be provided 
 to the clerk by the sheriff;

  (4.1) any finding of great bodily harm made by the 
 court with respect
to an offense enumerated in subsection 
 (c-1);

  (5) all statements filed under subsection (d) of this 
 Section;

  (6) any medical or mental health records or summaries 
 of the defendant;

  (7) the municipality where the arrest of the offender 
 or the commission
of the offense has occurred, where such 
 municipality has a population of
more than 25,000 persons;

  (8) all statements made and evidence offered under 
 paragraph (7) of
subsection (a) of this Section; and

  (9) all additional matters which the court directs the 
 clerk to
transmit.

 (f) In cases in which the court finds that a motor vehicle 
was used in the commission of the offense for which the 
defendant is being sentenced, the clerk of the court shall, 
within 5 days thereafter, forward a report of such conviction 
to the Secretary of State. 
(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19; 
101-105, eff. 1-1-20; 101-652, Article 10, Section 10-281, 
eff. 7-1-21; 101-652, Article 20, Section 20-5, eff. 7-1-21; 
revised 11-22-21.)

 (730 ILCS 5/5-4-3a)
 Sec. 5-4-3a. DNA testing backlog accountability.
 (a) On or before August 1 of each year, the Illinois State 
Police shall report to the Governor and both houses of the 
General Assembly the following information:
  (1) the extent of the backlog of cases awaiting 
 testing or awaiting DNA analysis by the Illinois State 
 Police that Department, including, but not limited to, 
 those tests conducted under Section 5-4-3, as of June 30 
 of the previous fiscal year, with the backlog being 
 defined as all cases awaiting forensic testing whether in 
 the physical custody of the Illinois State Police or in 
 the physical custody of local law enforcement, provided 
 that the Illinois State Police have written notice of any 
 evidence in the physical custody of local law enforcement 
 prior to June 1 of that year; and
  (2) what measures have been and are being taken to 
 reduce that backlog and the estimated costs or 
 expenditures in doing so. 
 (b) The information reported under this Section shall be 
made available to the public, at the time it is reported, on 
the official website web site of the Illinois State Police.

 (c) Beginning January 1, 2016, the Illinois State Police 
shall quarterly report on the status of the processing of 
biology submitted to the Illinois State Police Laboratory for 
analysis. The report shall be submitted to the Governor and 
the General Assembly, and shall be posted on the Illinois 
State Police website. The report shall include the following 
for each Illinois State Police Laboratory location and any 
laboratory to which the Illinois State Police has outsourced 
evidence for testing:
  (1) For biology submissions, report both total 
 assignment and sexual assault or abuse assignment (as 
 defined by the Sexual Assault Evidence Submission Act) 
 figures for:
   (A) The number of assignments received in the 
 preceding quarter.
   (B) The number of assignments completed in the 
 preceding quarter.
   (C) The number of assignments awaiting waiting 
 analysis.
   (D) The number of assignments sent for 
 outsourcing.
   (E) The number of assignments awaiting waiting 
 analysis that were received within the past 30 days.
   (F) The number of assignments awaiting waiting 
 analysis that were received 31 to 90 days prior.
   (G) The number of assignments awaiting waiting 
 analysis that were received 91 to 180 days prior.
   (H) The number of assignments awaiting waiting 
 analysis that were received 181 to 365 days prior.
   (I) The number of assignments awaiting waiting 
 analysis that were received more than 365 days prior.
   (J) (Blank).
  (2) (Blank).
  (3) For all other categories of testing (e.g., drug 
 chemistry, firearms/toolmark, footwear/tire track, latent 
 prints, toxicology, and trace chemistry analysis):
   (A) The number of assignments received in the 
 preceding quarter.
   (B) The number of assignments completed in the 
 preceding quarter.
   (C) The number of assignments awaiting waiting 
 analysis.
   (D) The number of cases entered in the National 
 Integrated Ballistic Information Network (NIBIN).
   (E) The number of investigative leads developed 
 from National Integrated Ballistic Information Network 
 (NIBIN) analysis. 
  (4) For the Combined DNA Index System (CODIS), report 
 both total assignment and sexual assault or abuse 
 assignment (as defined by the Sexual Assault Evidence 
 Submission Act) figures for subparagraphs (D), (E), and 
 (F) of this paragraph (4):
   (A) The number of new offender samples received in 
 the preceding quarter.
   (B) The number of offender samples uploaded to 
 CODIS in the preceding quarter.
   (C) The number of offender samples awaiting 
 analysis.
   (D) The number of unknown DNA case profiles 
 uploaded to CODIS in the preceding quarter.
   (E) The number of CODIS hits in the preceding 
 quarter.
   (F) The number of forensic evidence submissions 
 submitted to confirm a previously reported CODIS hit.
  (5) For each category of testing, report the number of 
 trained forensic scientists and the number of forensic 
 scientists in training.
 As used in this subsection (c), "completed" means 
completion of both the analysis of the evidence and the 
provision of the results to the submitting law enforcement 
agency. 
 (d) The provisions of this subsection (d), other than this 
sentence, are inoperative on and after January 1, 2019 or 2 
years after the effective date of this amendatory Act of the 
99th General Assembly, whichever is later. In consultation 
with and subject to the approval of the Chief Procurement 
Officer, the Illinois State Police may obtain contracts for 
services, commodities, and equipment to assist in the timely 
completion of biology, drug chemistry, firearms/toolmark, 
footwear/tire track, latent prints, toxicology, microscopy, 
trace chemistry, and Combined DNA Index System (CODIS) 
analysis. Contracts to support the delivery of timely forensic 
science services are not subject to the provisions of the 
Illinois Procurement Code, except for Sections 20-60, 20-65, 
20-70, and 20-160 and Article 50 of that Code, provided that 
the Chief Procurement Officer may, in writing with 
justification, waive any certification required under Article 
50 of the Illinois Procurement Code. For any contracts for 
services which are currently provided by members of a 
collective bargaining agreement, the applicable terms of the 
collective bargaining agreement concerning subcontracting 
shall be followed.
(Source: P.A. 102-237, eff. 1-1-22; 102-278, eff. 8-6-21; 
102-538, eff. 8-20-21; revised 10-15-21.)



 (730 ILCS 5/5-5-3)



 Sec. 5-5-3. Disposition. 

 (a) (Blank).

 (b) (Blank). 

 (c) (1) (Blank).

 (2) A period of probation, a term of periodic imprisonment 
or
conditional discharge shall not be imposed for the 
following offenses.
The court shall sentence the offender to 
not less than the minimum term
of imprisonment set forth in 
this Code for the following offenses, and
may order a fine or 
restitution or both in conjunction with such term of

imprisonment:

  (A) First degree murder where the death penalty is not 
 imposed.

  (B) Attempted first degree murder.

  (C) A Class X felony.

  (D) A violation of Section 401.1 or 407 of the

 Illinois Controlled Substances Act, or a violation of 
 subdivision (c)(1.5) of
Section 401 of that Act which 
 relates to more than 5 grams of a substance
containing 
 fentanyl or an analog thereof.

  (D-5) A violation of subdivision (c)(1) of
Section 401 
 of the Illinois Controlled Substances Act which relates to 
 3 or more grams of a substance
containing heroin or an 
 analog thereof. 
  (E) (Blank).

  (F) A Class 1 or greater felony if the offender had 
 been convicted
of a Class 1 or greater felony, including 
 any state or federal conviction for an offense that 
 contained, at the time it was committed, the same elements 
 as an offense now (the date of the offense committed after 
 the prior Class 1 or greater felony) classified as a Class 
 1 or greater felony, within 10 years of the date on which 
 the
offender
committed the offense for which he or she is 
 being sentenced, except as
otherwise provided in Section 
 40-10 of the Substance Use Disorder Act.

  (F-3) A Class 2 or greater felony sex offense or 
 felony firearm offense if the offender had been convicted 
 of a Class 2 or greater felony, including any state or 
 federal conviction for an offense that contained, at the 
 time it was committed, the same elements as an offense now 
 (the date of the offense committed after the prior Class 2 
 or greater felony) classified as a Class 2 or greater 
 felony, within 10 years of the date on which the offender 
 committed the offense for which he or she is being 
 sentenced, except as otherwise provided in Section 40-10 
 of the Substance Use Disorder Act. 
  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 
 of the Criminal Code of 1961 or the Criminal Code of 2012 
 for which imprisonment is prescribed in those Sections.
  (G) Residential burglary, except as otherwise provided 
 in Section 40-10
of the Substance Use Disorder Act.

  (H) Criminal sexual assault.

  (I) Aggravated battery of a senior citizen as 
 described in Section 12-4.6 or subdivision (a)(4) of 
 Section 12-3.05 of the Criminal Code of 1961 or the 
 Criminal Code of 2012.

  (J) A forcible felony if the offense was related to 
 the activities of an
organized gang.

  Before July 1, 1994, for the purposes of this 
 paragraph, "organized
gang" means an association of 5 or 
 more persons, with an established hierarchy,
that 
 encourages members of the association to perpetrate crimes 
 or provides
support to the members of the association who 
 do commit crimes.

  Beginning July 1, 1994, for the purposes of this 
 paragraph,
"organized gang" has the meaning ascribed to it 
 in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
 Prevention Act.

  (K) Vehicular hijacking.

  (L) A second or subsequent conviction for the offense 
 of hate crime
when the underlying offense upon which the 
 hate crime is based is felony
aggravated
assault or felony 
 mob action.

  (M) A second or subsequent conviction for the offense 
 of institutional
vandalism if the damage to the property 
 exceeds $300.

  (N) A Class 3 felony violation of paragraph (1) of 
 subsection (a) of
Section 2 of the Firearm Owners 
 Identification Card Act.

  (O) A violation of Section 12-6.1 or 12-6.5 of the 
 Criminal Code of 1961 or the Criminal Code of 2012.

  (P) A violation of paragraph (1), (2), (3), (4), (5), 
 or (7) of
subsection (a)
of Section 11-20.1 of the 
 Criminal Code of 1961 or the Criminal Code of 2012.

  (P-5) A violation of paragraph (6) of subsection (a) 
 of
Section 11-20.1 of the Criminal Code of 1961 or the

 Criminal Code of 2012 if the victim is a household or

 family member of the defendant.
  (Q) A violation of subsection (b) or (b-5) of Section 
 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
 Code of
1961 or the Criminal Code of 2012.

  (R) A violation of Section 24-3A of the Criminal Code 
 of
1961 or the Criminal Code of 2012.

  (S) (Blank).

  (T) (Blank).

  (U) A second or subsequent violation of Section 6-303 
 of the Illinois Vehicle Code committed while his or her 
 driver's license, permit, or privilege was revoked because 
 of a violation of Section 9-3 of the Criminal Code of 1961 
 or the Criminal Code of 2012, relating to the offense of 
 reckless homicide, or a similar provision of a law of 
 another state.

  (V)
A violation of paragraph (4) of subsection (c) of 
 Section 11-20.1B or paragraph (4) of subsection (c) of 
 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
 (6) of subsection (a) of Section 11-20.1 of the Criminal 
 Code of 2012 when the victim is under 13 years of age and 
 the defendant has previously been convicted under the laws 
 of this State or any other state of the offense of child 
 pornography, aggravated child pornography, aggravated 
 criminal sexual abuse, aggravated criminal sexual assault, 
 predatory criminal sexual assault of a child, or any of 
 the offenses formerly known as rape, deviate sexual 
 assault, indecent liberties with a child, or aggravated 
 indecent liberties with a child where the victim was under 
 the age of 18 years or an offense that is substantially 
 equivalent to those offenses.
  (W) A violation of Section 24-3.5 of the Criminal Code 
 of 1961 or the Criminal Code of 2012.

  (X) A violation of subsection (a) of Section 31-1a of 
 the Criminal Code of 1961 or the Criminal Code of 2012.
  (Y) A conviction for unlawful possession of a firearm 
 by a street gang member when the firearm was loaded or 
 contained firearm ammunition. 
  (Z) A Class 1 felony committed while he or she was 
 serving a term of probation or conditional discharge for a 
 felony.
  (AA) Theft of property exceeding $500,000 and not 
 exceeding $1,000,000 in value.
  (BB) Laundering of criminally derived property of a 
 value exceeding
$500,000.
  (CC) Knowingly selling, offering for sale, holding for 
 sale, or using 2,000 or more counterfeit items or 
 counterfeit items having a retail value in the aggregate 
 of $500,000 or more. 
  (DD) A conviction for aggravated assault under 
 paragraph (6) of subsection (c) of Section 12-2 of the 
 Criminal Code of 1961 or the Criminal Code of 2012 if the 
 firearm is aimed toward the person against whom the 
 firearm is being used. 
  (EE) A conviction for a violation of paragraph (2) of 
 subsection (a) of Section 24-3B of the Criminal Code of 
 2012. 
 (3) (Blank).

 (4) A minimum term of imprisonment of not less than 10

consecutive days or 30 days of community service shall be 
imposed for a
violation of paragraph (c) of Section 6-303 of 
the Illinois Vehicle Code.

 (4.1) (Blank).

 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
this subsection (c), a
minimum of
100 hours of community 
service shall be imposed for a second violation of
Section 
6-303
of the Illinois Vehicle Code.

 (4.3) A minimum term of imprisonment of 30 days or 300 
hours of community
service, as determined by the court, shall

be imposed for a second violation of subsection (c) of Section 
6-303 of the
Illinois Vehicle Code.

 (4.4) Except as provided in paragraphs
(4.5), (4.6), and 
(4.9) of this
subsection (c), a
minimum term of imprisonment 
of 30 days or 300 hours of community service, as
determined by 
the court, shall
be imposed
for a third or subsequent 
violation of Section 6-303 of the Illinois Vehicle
Code. The 
court may give credit toward the fulfillment of community 
service hours for participation in activities and treatment as 
determined by court services. 

 (4.5) A minimum term of imprisonment of 30 days
shall be 
imposed for a third violation of subsection (c) of
Section 
6-303 of the Illinois Vehicle Code.

 (4.6) Except as provided in paragraph (4.10) of this 
subsection (c), a minimum term of imprisonment of 180 days 
shall be imposed for a
fourth or subsequent violation of 
subsection (c) of Section 6-303 of the
Illinois Vehicle Code.

 (4.7) A minimum term of imprisonment of not less than 30 
consecutive days, or 300 hours of community service, shall be 
imposed for a violation of subsection (a-5) of Section 6-303 
of the Illinois Vehicle Code, as provided in subsection (b-5) 
of that Section.

 (4.8) A mandatory prison sentence shall be imposed for a 
second violation of subsection (a-5) of Section 6-303 of the 
Illinois Vehicle Code, as provided in subsection (c-5) of that 
Section. The person's driving privileges shall be revoked for 
a period of not less than 5 years from the date of his or her 
release from prison.

 (4.9) A mandatory prison sentence of not less than 4 and 
not more than 15 years shall be imposed for a third violation 
of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
Code, as provided in subsection (d-2.5) of that Section. The 
person's driving privileges shall be revoked for the remainder 
of his or her life.

 (4.10) A mandatory prison sentence for a Class 1 felony 
shall be imposed, and the person shall be eligible for an 
extended term sentence, for a fourth or subsequent violation 
of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
Code, as provided in subsection (d-3.5) of that Section. The 
person's driving privileges shall be revoked for the remainder 
of his or her life.

 (5) The court may sentence a corporation or unincorporated

association convicted of any offense to:

  (A) a period of conditional discharge;

  (B) a fine;

  (C) make restitution to the victim under Section 5-5-6 
 of this Code.

 (5.1) In addition to any other penalties imposed, and 
except as provided in paragraph (5.2) or (5.3), a person

convicted of violating subsection (c) of Section 11-907 of the 
Illinois
Vehicle Code shall have his or her driver's license, 
permit, or privileges
suspended for at least 90 days but not 
more than one year, if the violation
resulted in damage to the 
property of another person.

 (5.2) In addition to any other penalties imposed, and 
except as provided in paragraph (5.3), a person convicted
of 
violating subsection (c) of Section 11-907 of the Illinois 
Vehicle Code
shall have his or her driver's license, permit, 
or privileges suspended for at
least 180 days but not more than 
2 years, if the violation resulted in injury
to
another 
person.

 (5.3) In addition to any other penalties imposed, a person 
convicted of violating subsection (c) of Section
11-907 of the 
Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for 2 years, if the violation 
resulted in the
death of another person.

 (5.4) In addition to any other penalties imposed, a person 
convicted of violating Section 3-707 of the Illinois Vehicle 
Code shall have his or her driver's license, permit, or 
privileges suspended for 3 months and until he or she has paid 
a reinstatement fee of $100.
 (5.5) In addition to any other penalties imposed, a person 
convicted of violating Section 3-707 of the Illinois Vehicle 
Code during a period in which his or her driver's license, 
permit, or privileges were suspended for a previous violation 
of that Section shall have his or her driver's license, 
permit, or privileges suspended for an additional 6 months 
after the expiration of the original 3-month suspension and 
until he or she has paid a reinstatement fee of $100.

 (6) (Blank).

 (7) (Blank).

 (8) (Blank).

 (9) A defendant convicted of a second or subsequent 
offense of ritualized
abuse of a child may be sentenced to a 
term of natural life imprisonment.

 (10) (Blank).

 (11) The court shall impose a minimum fine of $1,000 for a 
first offense
and $2,000 for a second or subsequent offense 
upon a person convicted of or
placed on supervision for 
battery when the individual harmed was a sports
official or 
coach at any level of competition and the act causing harm to 
the
sports
official or coach occurred within an athletic 
facility or within the immediate vicinity
of the athletic 
facility at which the sports official or coach was an active

participant
of the athletic contest held at the athletic 
facility. For the purposes of
this paragraph (11), "sports 
official" means a person at an athletic contest
who enforces 
the rules of the contest, such as an umpire or referee; 
"athletic facility" means an indoor or outdoor playing field 
or recreational area where sports activities are conducted;

and "coach" means a person recognized as a coach by the 
sanctioning
authority that conducted the sporting event.
 (12) A person may not receive a disposition of court 
supervision for a
violation of Section 5-16 of the Boat 
Registration and Safety Act if that
person has previously 
received a disposition of court supervision for a
violation of 
that Section.

 (13) A person convicted of or placed on court supervision 
for an assault or aggravated assault when the victim and the 
offender are family or household members as defined in Section 
103 of the Illinois Domestic Violence Act of 1986 or convicted 
of domestic battery or aggravated domestic battery may be 
required to attend a Partner Abuse Intervention Program under 
protocols set forth by the Illinois Department of Human 
Services under such terms and conditions imposed by the court. 
The costs of such classes shall be paid by the offender.

 (d) In any case in which a sentence originally imposed is 
vacated,
the case shall be remanded to the trial court. The 
trial court shall
hold a hearing under Section 5-4-1 of this 
Code
which may include evidence of the defendant's life, moral 
character and
occupation during the time since the original 
sentence was passed. The
trial court shall then impose 
sentence upon the defendant. The trial
court may impose any 
sentence which could have been imposed at the
original trial 
subject to Section 5-5-4 of this Code.
If a sentence is vacated 
on appeal or on collateral attack due to the
failure of the 
trier of fact at trial to determine beyond a reasonable doubt

the
existence of a fact (other than a prior conviction) 
necessary to increase the
punishment for the offense beyond 
the statutory maximum otherwise applicable,
either the 
defendant may be re-sentenced to a term within the range 
otherwise
provided or, if the State files notice of its 
intention to again seek the
extended sentence, the defendant 
shall be afforded a new trial.

 (e) In cases where prosecution for
aggravated criminal 
sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
Code of 1961 or the Criminal Code of 2012 results in conviction 
of a defendant
who was a family member of the victim at the 
time of the commission of the
offense, the court shall 
consider the safety and welfare of the victim and
may impose a 
sentence of probation only where:

  (1) the court finds (A) or (B) or both are 
 appropriate:

   (A) the defendant is willing to undergo a court 
 approved counseling
program for a minimum duration of 
 2 years; or

   (B) the defendant is willing to participate in a 
 court approved plan,
including, but not limited to, 
 the defendant's:

    (i) removal from the household;

    (ii) restricted contact with the victim;

    (iii) continued financial support of the 
 family;

    (iv) restitution for harm done to the victim; 
 and

    (v) compliance with any other measures that 
 the court may
deem appropriate; and

  (2) the court orders the defendant to pay for the 
 victim's counseling
services, to the extent that the court 
 finds, after considering the
defendant's income and 
 assets, that the defendant is financially capable of

 paying for such services, if the victim was under 18 years 
 of age at the
time the offense was committed and requires 
 counseling as a result of the
offense.

 Probation may be revoked or modified pursuant to Section 
5-6-4; except
where the court determines at the hearing that 
the defendant violated a
condition of his or her probation 
restricting contact with the victim or
other family members or 
commits another offense with the victim or other
family 
members, the court shall revoke the defendant's probation and

impose a term of imprisonment.

 For the purposes of this Section, "family member" and 
"victim" shall have
the meanings ascribed to them in Section 
11-0.1 of the Criminal Code of
2012.

 (f) (Blank).

 (g) Whenever a defendant is convicted of an offense under 
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
11-14.3, 11-14.4 except for an offense that involves keeping a 
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
Criminal Code of 2012,
the defendant shall undergo medical 
testing to
determine whether the defendant has any sexually 
transmissible disease,
including a test for infection with 
human immunodeficiency virus (HIV) or
any other identified 
causative agent of acquired immunodeficiency syndrome
(AIDS). 
Any such medical test shall be performed only by appropriately

licensed medical practitioners and may include an analysis of 
any bodily
fluids as well as an examination of the defendant's 
person.
Except as otherwise provided by law, the results of 
such test shall be kept
strictly confidential by all medical 
personnel involved in the testing and must
be personally 
delivered in a sealed envelope to the judge of the court in 
which
the conviction was entered for the judge's inspection in 
camera. Acting in
accordance with the best interests of the 
victim and the public, the judge
shall have the discretion to 
determine to whom, if anyone, the results of the
testing may be 
revealed. The court shall notify the defendant
of the test 
results. The court shall
also notify the victim if requested 
by the victim, and if the victim is under
the age of 15 and if 
requested by the victim's parents or legal guardian, the
court 
shall notify the victim's parents or legal guardian of the 
test
results.
The court shall provide information on the 
availability of HIV testing
and counseling at Department of 
Public Health facilities to all parties to
whom the results of 
the testing are revealed and shall direct the State's
Attorney 
to provide the information to the victim when possible.
The 
court shall order that the cost of any such test
shall be paid 
by the county and may be taxed as costs against the convicted

defendant.

 (g-5) When an inmate is tested for an airborne 
communicable disease, as
determined by the Illinois Department 
of Public Health, including, but not
limited to, tuberculosis, 
the results of the test shall be
personally delivered by the 
warden or his or her designee in a sealed envelope
to the judge 
of the court in which the inmate must appear for the judge's

inspection in camera if requested by the judge. Acting in 
accordance with the
best interests of those in the courtroom, 
the judge shall have the discretion
to determine what if any 
precautions need to be taken to prevent transmission
of the 
disease in the courtroom.

 (h) Whenever a defendant is convicted of an offense under 
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
defendant shall undergo
medical testing to determine whether 
the defendant has been exposed to human
immunodeficiency virus 
(HIV) or any other identified causative agent of
acquired 
immunodeficiency syndrome (AIDS). Except as otherwise provided 
by
law, the results of such test shall be kept strictly 
confidential by all
medical personnel involved in the testing 
and must be personally delivered in a
sealed envelope to the 
judge of the court in which the conviction was entered
for the 
judge's inspection in camera. Acting in accordance with the 
best
interests of the public, the judge shall have the 
discretion to determine to
whom, if anyone, the results of the 
testing may be revealed. The court shall
notify the defendant 
of a positive test showing an infection with the human

immunodeficiency virus (HIV). The court shall provide 
information on the
availability of HIV testing and counseling 
at Department of Public Health
facilities to all parties to 
whom the results of the testing are revealed and
shall direct 
the State's Attorney to provide the information to the victim 
when
possible. The court shall order that the cost of any
such 
test shall be paid by the county and may be taxed as costs 
against the
convicted defendant.

 (i) All fines and penalties imposed under this Section for 
any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
Vehicle Code, or a similar
provision of a local ordinance, and 
any violation
of the Child Passenger Protection Act, or a 
similar provision of a local
ordinance, shall be collected and 
disbursed by the circuit
clerk as provided under the Criminal 
and Traffic Assessment Act.

 (j) In cases when prosecution for any violation of Section 
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
Code of 2012, any violation of the Illinois Controlled 
Substances Act,
any violation of the Cannabis Control Act, or 
any violation of the Methamphetamine Control and Community 
Protection Act results in conviction, a
disposition of court 
supervision, or an order of probation granted under
Section 10 
of the Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, or Section 70 of the 
Methamphetamine Control and Community Protection Act of a 
defendant, the court shall determine whether the
defendant is 
employed by a facility or center as defined under the Child 
Care
Act of 1969, a public or private elementary or secondary 
school, or otherwise
works with children under 18 years of age 
on a daily basis. When a defendant
is so employed, the court 
shall order the Clerk of the Court to send a copy of
the 
judgment of conviction or order of supervision or probation to 
the
defendant's employer by certified mail.
If the employer of 
the defendant is a school, the Clerk of the Court shall
direct 
the mailing of a copy of the judgment of conviction or order of

supervision or probation to the appropriate regional 
superintendent of schools.
The regional superintendent of 
schools shall notify the State Board of
Education of any 
notification under this subsection.

 (j-5) A defendant at least 17 years of age who is convicted 
of a felony and
who has not been previously convicted of a 
misdemeanor or felony and who is
sentenced to a term of 
imprisonment in the Illinois Department of Corrections
shall 
as a condition of his or her sentence be required by the court 
to attend
educational courses designed to prepare the 
defendant for a high school diploma
and to work toward a high 
school diploma or to work toward passing high school 
equivalency testing or to work toward
completing a vocational 
training program offered by the Department of
Corrections. If 
a defendant fails to complete the educational training

required by his or her sentence during the term of 
incarceration, the Prisoner
Review Board shall, as a condition 
of mandatory supervised release, require the
defendant, at his 
or her own expense, to pursue a course of study toward a high

school diploma or passage of high school equivalency testing. 
The Prisoner Review Board shall
revoke the mandatory 
supervised release of a defendant who wilfully fails to
comply 
with this subsection (j-5) upon his or her release from 
confinement in a
penal institution while serving a mandatory 
supervised release term; however,
the inability of the 
defendant after making a good faith effort to obtain
financial 
aid or pay for the educational training shall not be deemed a 
wilful
failure to comply. The Prisoner Review Board shall 
recommit the defendant
whose mandatory supervised release term 
has been revoked under this subsection
(j-5) as provided in 
Section 3-3-9. This subsection (j-5) does not apply to a

defendant who has a high school diploma or has successfully 
passed high school equivalency testing. This subsection (j-5) 
does not apply to a defendant who is determined by
the court to 
be a person with a developmental disability or otherwise 
mentally incapable of
completing the educational or vocational 
program.

 (k) (Blank).

 (l) (A) Except as provided
in paragraph (C) of subsection 
(l), whenever a defendant,
who is an alien as defined by the 
Immigration and Nationality Act, is convicted
of any felony or 
misdemeanor offense, the court after sentencing the defendant

may, upon motion of the State's Attorney, hold sentence in 
abeyance and remand
the defendant to the custody of the 
Attorney General of
the United States or his or her designated 
agent to be deported when:

  (1) a final order of deportation has been issued 
 against the defendant
pursuant to proceedings under the 
 Immigration and Nationality Act, and

  (2) the deportation of the defendant would not 
 deprecate the seriousness
of the defendant's conduct and 
 would not be inconsistent with the ends of
justice.

 Otherwise, the defendant shall be sentenced as provided in 
this Chapter V.

 (B) If the defendant has already been sentenced for a 
felony or
misdemeanor
offense, or has been placed on probation 
under Section 10 of the Cannabis
Control Act,
Section 410 of 
the Illinois Controlled Substances Act, or Section 70 of the 
Methamphetamine Control and Community Protection Act, the 
court
may, upon motion of the State's Attorney to suspend the

sentence imposed, commit the defendant to the custody of the 
Attorney General
of the United States or his or her designated 
agent when:

  (1) a final order of deportation has been issued 
 against the defendant
pursuant to proceedings under the 
 Immigration and Nationality Act, and

  (2) the deportation of the defendant would not 
 deprecate the seriousness
of the defendant's conduct and 
 would not be inconsistent with the ends of
justice.

 (C) This subsection (l) does not apply to offenders who 
are subject to the
provisions of paragraph (2) of subsection 
(a) of Section 3-6-3.

 (D) Upon motion of the State's Attorney, if a defendant 
sentenced under
this Section returns to the jurisdiction of 
the United States, the defendant
shall be recommitted to the 
custody of the county from which he or she was
sentenced.

Thereafter, the defendant shall be brought before the 
sentencing court, which
may impose any sentence that was 
available under Section 5-5-3 at the time of
initial 
sentencing. In addition, the defendant shall not be eligible 
for
additional earned sentence credit as provided under

Section 3-6-3.

 (m) A person convicted of criminal defacement of property 
under Section
21-1.3 of the Criminal Code of 1961 or the 
Criminal Code of 2012, in which the property damage exceeds 
$300
and the property damaged is a school building, shall be 
ordered to perform
community service that may include cleanup, 
removal, or painting over the
defacement.

 (n) The court may sentence a person convicted of a 
violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
of 1961 or the Criminal Code of 2012 (i) to an impact

incarceration program if the person is otherwise eligible for 
that program
under Section 5-8-1.1, (ii) to community service, 
or (iii) if the person has a substance use disorder, as defined

in the Substance Use Disorder Act, to a treatment program

licensed under that Act.
 (o) Whenever a person is convicted of a sex offense as 
defined in Section 2 of the Sex Offender Registration Act, the 
defendant's driver's license or permit shall be subject to 
renewal on an annual basis in accordance with the provisions 
of license renewal established by the Secretary of State.


(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; 
102-531, eff. 1-1-22; revised 10-12-21.)



 (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)



 Sec. 5-9-1.4. (a) "Crime laboratory" means any 
not-for-profit
laboratory registered with the Drug Enforcement 
Administration of the
United States Department of Justice, 
substantially funded by a unit or
combination of units of 
local government or the State of Illinois, which
regularly 
employs at least one person engaged in the analysis
of 
controlled substances, cannabis, methamphetamine, or steroids 
for criminal justice
agencies in criminal matters and provides 
testimony with respect to such
examinations.

 (b) (Blank).

 (c) In addition to any other disposition made pursuant to 
the provisions
of the Juvenile Court Act of 1987, any minor 
adjudicated delinquent for an
offense
which if committed by an 
adult would constitute a violation of the Cannabis
Control 
Act, the Illinois Controlled Substances Act, the 
Methamphetamine Control and Community Protection Act, or the 
Steroid Control
Act shall be required to pay a criminal 
laboratory analysis assessment of $100
for each
adjudication.

Upon verified petition of the minor, the court may suspend 
payment of
all or part of the assessment if it finds that the 
minor does not have the ability
to pay the assessment.
The 
parent, guardian, or legal custodian of the minor may pay
some 
or all of such assessment on the minor's behalf.

 (d) All criminal laboratory analysis fees provided for by 
this Section shall
be collected by the clerk of the court and 
forwarded to the appropriate
crime laboratory fund as provided 
in subsection (f).

 (e) Crime laboratory funds shall be established as 
follows:

  (1) Any unit of local government which maintains a 
 crime laboratory may
establish a crime laboratory fund 
 within the office of the county or municipal treasurer.

  (2) Any combination of units of local government which 
 maintains a crime
laboratory may establish a crime 
 laboratory fund within the office of the
treasurer of the 
 county where the crime laboratory is situated.

  (3) The State Crime Laboratory Fund is hereby
created 
 as a special fund in the State Treasury. Notwithstanding 
 any other provision of law to the contrary, and in 
 addition to any other transfers that may be provided by 
 law, on August 20, 2021 (the effective date of Public Act 
 102-505) this amendatory Act of the 102nd General 
 Assembly, or as soon thereafter as practical, the State 
 Comptroller shall direct and the State Treasurer shall 
 transfer the remaining balance from the State Offender DNA 
 Identification System
Fund into the State Crime Laboratory 
 Fund. Upon completion of the transfer, the State Offender 
 DNA Identification System
Fund is dissolved, and any 
 future deposits due to that Fund and any outstanding 
 obligations or liabilities of that Fund shall pass to the 
 State Crime Laboratory Fund. 

 (f) The analysis assessment provided for in subsection (c) 
of this
Section shall be forwarded to the office of the 
treasurer of the unit of
local government that performed the 
analysis if that unit of local
government has established a 
crime laboratory fund, or to the State Crime
Laboratory Fund 
if the analysis was performed by a laboratory operated by
the 
Illinois State Police. If the analysis was performed by a 
crime
laboratory funded by a combination of units of local 
government, the
analysis assessment shall be forwarded to the 
treasurer of the
county where the crime laboratory is situated 
if a crime laboratory fund
has been established in that 
county. If the unit of local government or
combination of 
units of local government has not established a crime

laboratory fund, then the analysis assessment shall be 
forwarded to the State
Crime Laboratory Fund.

 (g) Moneys deposited into a crime laboratory fund created 
pursuant to paragraph
paragraphs (1) or (2) of subsection (e) 
of this Section shall be in
addition to any allocations made 
pursuant to existing law and shall be
designated for the 
exclusive use of the crime laboratory. These uses may
include, 
but are not limited to, the following:

  (1) costs incurred in providing analysis for 
 controlled substances in
connection with criminal 
 investigations conducted within this State;

  (2) purchase and maintenance of equipment for use in 
 performing analyses; and

  (3) continuing education, training, and professional 
 development of
forensic
scientists regularly employed by 
 these laboratories.

 (h) Moneys deposited in the State Crime Laboratory Fund 
created pursuant
to paragraph (3) of subsection (d) of this 
Section shall be used by State
crime laboratories as 
designated by the Director of the Illinois State Police. These

funds shall be in addition to any allocations made pursuant to 
existing law
and shall be designated for the exclusive use of 
State crime laboratories or for the sexual assault evidence 
tracking system created under Section 50 of the Sexual Assault 
Evidence Submission Act.
These uses may include those 
enumerated in subsection (g) of this Section.

(Source: P.A. 101-377, eff. 8-16-19; 102-505, eff. 8-20-21; 
102-538, eff. 8-20-21; revised 10-12-21.)




 (730 ILCS 5/5-9-1.9)



 Sec. 5-9-1.9. DUI analysis fee. 

 (a) "Crime laboratory" means a not-for-profit laboratory 
substantially
funded by a single unit or combination of units 
of local government or the
State of
Illinois that regularly 
employs at least one person engaged in the DUI
analysis of 
blood, other bodily substance, and urine for criminal justice 
agencies in criminal matters
and provides testimony with 
respect to such examinations.

 "DUI analysis" means an analysis of blood, other bodily 
substance, or urine for purposes of
determining whether a 
violation of Section 11-501 of the Illinois Vehicle Code
has 
occurred.

 (b) (Blank).

 (c) In addition to any other disposition made under the 
provisions of
the Juvenile Court Act of 1987, any minor 
adjudicated delinquent for an offense
which if committed by an 
adult would constitute a violation of Section 11-501
of the 
Illinois Vehicle Code shall pay a crime laboratory DUI 
analysis assessment
of $150 for each adjudication. Upon 
verified petition of the minor, the
court may suspend payment 
of all or part of the assessment if it finds
that the minor 
does not have the ability to pay the assessment. The parent, 
guardian,
or legal custodian of the minor may pay some or all 
of the assessment on the minor's
behalf.

 (d) All crime laboratory DUI analysis assessments provided 
for by this Section
shall
be collected by the clerk of the 
court and forwarded to the appropriate crime
laboratory DUI 
fund as provided in subsection (f).

 (e) Crime laboratory funds shall be established as 
follows:

  (1) A unit of local government that maintains a crime 
 laboratory may
establish a crime laboratory DUI fund 
 within the office of the county or
municipal treasurer.

  (2) Any combination of units of local government that 
 maintains a crime
laboratory may establish a crime 
 laboratory DUI fund within the office of the
treasurer of 
 the county where the crime laboratory is situated.

  (3) (Blank).

 (f) The analysis assessment provided for in subsection (c) 
of this Section
shall be forwarded to the office of the 
treasurer of the unit of local
government that performed the 
analysis if that unit of local government has
established a 
crime laboratory DUI fund, or remitted to the State Treasurer 
for deposit
into the State Crime Laboratory Fund if the 
analysis was
performed by a
laboratory operated by the 
Illinois State Police. If the analysis was
performed by a 
crime laboratory funded by a combination of units of local

government, the analysis assessment shall be forwarded to the 
treasurer of the county
where the crime laboratory is situated 
if a crime laboratory DUI fund has been
established in that 
county. If the unit of local government or combination of

units of local government has not established a crime 
laboratory DUI fund, then
the analysis assessment shall be 
remitted to the State Treasurer for deposit into
the State 
Crime Laboratory Fund.

 (g) Moneys deposited into a crime laboratory DUI fund 
created under
paragraphs (1) and (2) of subsection (e) of this 
Section shall be in addition
to any allocations made pursuant 
to existing law and shall be designated for
the exclusive use 
of the crime laboratory. These uses may include, but are not

limited to, the following:

  (1) Costs incurred in providing analysis for DUI 
 investigations conducted
within this State.

  (2) Purchase and maintenance of equipment for use in 
 performing analyses.

  (3) Continuing education, training, and professional 
 development of
forensic scientists regularly employed by 
 these laboratories.

 (h) Moneys deposited in the State Crime Laboratory Fund

shall be used by
State crime laboratories as designated by the 
Director of the Illinois State Police. These
funds shall be in 
addition to any allocations made according to existing law
and 
shall be designated for the exclusive use of State crime 
laboratories.
These uses may include those enumerated in 
subsection (g) of this Section.
 (i) Notwithstanding any other provision of law to the 
contrary and in addition to any other transfers that may be 
provided by law, on June 17, 2021 (the effective date of Public 
Act 102-16) this amendatory Act of the 102nd General Assembly, 
or as soon thereafter as practical, the State Comptroller 
shall direct and the State Treasurer shall transfer the 
remaining balance from the State Police DUI Fund into the 
State Police Operations Assistance Fund. Upon completion of 
the transfer, the State Police DUI Fund is dissolved, and any 
future deposits due to that Fund and any outstanding 
obligations or liabilities of that Fund shall pass to the 
State Police Operations Assistance Fund. 

(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; 
102-538, eff. 8-20-21; revised 10-20-21.)


 Section 660. The Sex Offender Community Notification Law 
is amended by changing Section 121 as follows:

 (730 ILCS 152/121)
 Sec. 121. Notification regarding juvenile offenders.
 (a) The Illinois State Police and any law enforcement 
agency having
jurisdiction may, in the Illinois State Police's 
Department's or agency's discretion, only provide
the

information specified in subsection (b) of Section 120 of this 
Act, with respect to an adjudicated
juvenile delinquent, to 
any person when that person's safety may be compromised
for 
some
reason related to the juvenile sex offender.
 (b) The local law enforcement agency having jurisdiction 
to register the juvenile sex offender shall ascertain from the 
juvenile sex offender whether the juvenile sex offender is 
enrolled in school; and if so, shall provide a copy of the sex 
offender registration form only to the principal or chief 
administrative officer of the school and any school counselor 
designated by him or her. The registration form shall be kept 
separately from any and all school records maintained on 
behalf of the juvenile sex offender.


(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
revised 10-18-21.)

 Section 665. The Murderer and Violent Offender Against 
Youth Registration Act is amended by changing Sections 85, 95, 
100, and 105 as follows:

 (730 ILCS 154/85)
 Sec. 85. Murderer and Violent Offender Against Youth 
Database. 
 (a) The Illinois State Police
shall establish and maintain 
a Statewide Murderer and Violent Offender Against Youth 
Database for
the
purpose of identifying violent offenders 
against youth and making that information
available to the 
persons specified in Section 95. The
Database shall be created 
from the Law Enforcement Agencies Data System (LEADS)

established under Section 6 of the Intergovernmental Missing 
Child Recovery Act
of 1984. The Illinois State Police shall 
examine its LEADS database for
persons registered as violent 
offenders against youth under this Act and
shall identify 
those who are violent offenders against youth and shall add 
all the
information, including photographs if available, on 
those violent offenders against youth to
the Statewide 
Murderer and Violent Offender Against Youth
Database.
 (b) The Illinois State Police must make the information 
contained in
the
Statewide Murderer and Violent Offender 
Against Youth Database accessible on the Internet by means of 
a
hyperlink
labeled "Murderer and Violent Offender Against 
Youth Information" on the Illinois State Police's Department's 
World Wide Web home
page. The Illinois State Police must 
update that information as it deems
necessary.
 The Illinois State Police may require that a person who 
seeks access to
the violent offender against youth
information 
submit biographical information about himself or
herself 
before
permitting access to the violent offender against youth 
information. The Illinois State Police must promulgate rules

in accordance with the Illinois Administrative Procedure
Act 
to implement this
subsection
(b)
and those rules must include 
procedures to ensure that the information in the
database is 
accurate.
 (c) The Illinois State Police must develop and conduct 
training to educate all those entities involved in the 
Murderer and Violent Offender Against Youth Registration 
Program.

 (d) The Illinois State Police shall commence the duties 
prescribed in the Murderer and Violent Offender Against Youth 
Registration Act within 12 months after the effective date of 
this Act.

 (e) The Illinois State Police shall collect and annually 
report, on or before December 31 of each year, the following 
information, making it publicly accessible on the Illinois 
State Police website:
  (1) the number of registrants;
  (2) the number of registrants currently registered for 
 each offense requiring registration; and
  (3) biographical data, such as age of the registrant, 
 race of the registrant, and age of the victim. 
(Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)

 (730 ILCS 154/95)

 Sec. 95. Community notification of violent offenders 
against youth. 
 (a) The sheriff of the county, except Cook County, shall 
disclose to the
following the name, address, date of birth, 
place of employment, school
attended, and offense
or 
adjudication of all violent offenders against youth required 
to register under Section 10 of
this Act:

  (1) The boards of institutions of higher education or 
 other appropriate
administrative offices of each nonpublic 
 non-public institution of higher education
located in the 
 county where the violent offender against youth is 
 required to register, resides,
is employed, or is 
 attending an institution of higher education; and

  (2) School boards of public school districts and the 
 principal or other
appropriate administrative officer of 
 each nonpublic school located in the
county where the 
 violent offender against youth is required to register or 
 is employed; and

  (3) Child care facilities located in the county
where 
 the violent offender against youth is required to register 
 or is employed; and
  (4) Libraries located in the
county where the violent 
 offender against youth is required to register or is 
 employed.
 (a-2) The sheriff of Cook County shall disclose to the 
following the name,
address, date of birth, place of 
employment, school attended, and offense
or
adjudication of

all violent offenders against youth required to register under 
Section 10 of this Act:

  (1) School boards of public school districts and the 
 principal or other
appropriate administrative officer of 
 each nonpublic school located within the
region of Cook 
 County, as those public school districts and nonpublic 
 schools
are identified in LEADS, other than the City of 
 Chicago, where the violent offender against youth
is 
 required to register or is employed; and

  (2) Child care facilities located within the region of 
 Cook
County, as those child care facilities are identified 
 in LEADS, other than
the City of Chicago, where the 
 violent offender against youth is required to register or 
 is
employed; and

  (3) The boards of institutions of higher education or 
 other appropriate
administrative offices of each nonpublic 
 non-public institution of higher education
located in the 
 county, other than the City of Chicago, where the violent 
 offender against youth
is required to register, resides, 
 is employed, or attending an institution
of
higher

 education; and
  (4) Libraries
located in the county, other than the 
 City of Chicago, where the violent offender against youth

 is required to register, resides, is employed, or is 
 attending an institution
of
higher
education.
 (a-3) The Chicago Police Department shall disclose to the 
following the
name, address, date of birth, place of 
employment, school attended, and
offense
or adjudication
of 
all violent offenders against youth required to register under 
Section 10 of this Act:

  (1) School boards of public school districts and the 
 principal or other
appropriate administrative officer of 
 each nonpublic school located in the
police district where 
 the violent offender against youth is required to register 
 or is
employed if the offender is required to register or 
 is employed in the
City of Chicago; and

  (2) Child care facilities located in the police 
 district where the
violent offender against youth is 
 required to register or is employed if the offender is

 required to register or is employed in the City of 
 Chicago; and

  (3) The boards of institutions of higher education or 
 other appropriate
administrative offices of each nonpublic 
 non-public institution of higher education
located in the 
 police district where the violent offender against youth 
 is required to register,
resides, is employed, or 
 attending an institution of higher education in the
City 
 of
Chicago; and
  (4) Libraries located in the police district where the

 violent offender against youth is required to register or 
 is employed if the offender is
required to register or is 
 employed in the City of Chicago.
 (a-4) The Illinois State Police shall provide a list of 
violent offenders against youth
required to register to the 
Illinois Department of Children and Family
Services.
 (b) The Illinois State Police and any law enforcement 
agency may
disclose, in the Illinois State Police's 
Department's or agency's discretion, the following information

to any person likely to encounter a violent offender against 
youth:

  (1) The offender's name, address, and date of birth.

  (2) The offense for which the offender was convicted.

  (3) The offender's photograph or other such 
 information that will help
identify the violent offender 
 against youth.

  (4) Offender employment information, to protect public 
 safety.
 (c) The name, address, date of birth, and offense or 
adjudication for violent offenders against youth required to 
register under Section 10 of this
Act shall be open to 
inspection by the public as provided in this Section.
Every 
municipal police department shall make available at its 
headquarters
the information on all violent offenders against 
youth who are required to register in the
municipality under 
this Act. The sheriff shall
also make available at his or her 
headquarters the information on all violent offenders against 
youth who are required to register under this Act and who live 
in
unincorporated areas of the county. Violent offender 
against youth information must be made
available for public 
inspection to any person, no later than 72 hours or 3
business 
days from the date of the request.
The request must be made in 
person, in writing, or by telephone.
Availability must include 
giving the inquirer access to a
facility where the information 
may be copied. A department or sheriff
may charge a fee, but 
the fee may not exceed the actual costs of
copying the 
information. An inquirer must be allowed to copy this 
information
in his or her own handwriting. A department or 
sheriff must allow access to
the information during normal 
public working hours.
The sheriff or a municipal police 
department may publish the
photographs of violent offenders 
against youth where any victim was 13 years of age or younger

and who are required to register in the municipality or county 
under this Act in a newspaper or magazine of general 
circulation in
the municipality or county or may disseminate 
the photographs of those violent offenders against youth on 
the Internet or on television. The law enforcement agency may

make available the information on all violent offenders 
against youth residing within any county.
 (d) The Illinois State Police and any law enforcement 
agency having
jurisdiction may, in the Illinois State Police's 
Department's or agency's discretion, place the
information 
specified in subsection (b) on the Internet or in
other media.

(Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)

 (730 ILCS 154/100)

 Sec. 100. Notification regarding juvenile offenders. 
 (a) The Illinois State Police and any law enforcement 
agency having
jurisdiction may, in the Illinois State Police's 
Department's or agency's discretion, only provide
the

information specified in subsection (b) of Section 95, with 
respect to an adjudicated
juvenile delinquent, to any person 
when that person's safety may be compromised
for some
reason 
related to the juvenile violent offender against youth.
 (b) The local law enforcement agency having jurisdiction 
to register the juvenile violent offender against youth shall 
ascertain from the juvenile violent offender against youth 
whether the juvenile violent offender against youth is 
enrolled in school; and if so, shall provide a copy of the 
violent offender against youth registration form only to the 
principal or chief administrative officer of the school and 
any school counselor designated by him or her. The 
registration form shall be kept separately from any and all 
school records maintained on behalf of the juvenile violent 
offender against youth.


(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
revised 10-20-21.)

 (730 ILCS 154/105)

 Sec. 105. Special alerts.  A law enforcement agency having 
jurisdiction
may provide to the public a special alert list 
warning parents to be aware that
violent offenders against 
youth may attempt to contact children during holidays 
involving
children, such as Halloween, Christmas, and Easter 
and informing parents that
information containing the names 
and addresses of registered violent offenders against youth

are accessible on the Internet by means of a hyperlink labeled 
"Violent Offender Against Youth
Information" on the Illinois 
Department of State Police's World Wide Web home
page and are 
available for public inspection at the agency's headquarters.


(Source: P.A. 94-945, eff. 6-27-06; revised 11-24-21.)

 Section 670. The No
Representation Without Population Act 
is amended by changing Sections 2-1 and 2-10 as follows:

 (730 ILCS 205/2-1)

 (This Section may contain text from a Public Act with a 
delayed effective date)
 Sec. 2-1. Short title. This Article Act may be cited as the 
No Representation Without Population Act. References in this 
Article to "this Act" mean this Article.

(Source: P.A. 101-652, eff. 1-1-25; revised 12-2-21.)

 (730 ILCS 205/2-10)

 Sec. 2-10. Reports to the State Board of Elections. 
 (a) Within 30 days after the effective date of this Act, 
and thereafter, on or before May 1 of each year in which where 
the federal decennial census is taken but in which the United 
States Bureau of the Census allocates incarcerated persons as 
residents of correctional facilities, the Department shall 
deliver to the State Board of Elections the following 
information:
  (1) A unique identifier, not including the name or 
 Department-assigned inmate number, for each incarcerated 
 person subject to the jurisdiction of the Department on 
 the date for which the decennial census reports 
 population. The unique identifier shall enable the State 
 Board of Elections to address inquiries about specific 
 address records to the Department, without making it 
 possible for anyone outside of the Department to identify 
 the inmate to whom the address record pertains.
  (2) The street address of the correctional facility 
 where the person was incarcerated at the time of the 
 report.
  (3) The last known address of the person prior to 
 incarceration or other legal residence, if known.
  (4) The person's race, whether the person is of 
 Hispanic or Latino origin, and whether the person is age 
 18 or older, if known.
  (5) Any additional information as the State Board of 
 Elections may request pursuant to law.
 (b) The Department shall provide the information specified 
in subsection (a) in the form that the State Board of Elections 
shall specify.
 (c) Notwithstanding any other provision of law, the 
information required to be provided to the State Board of 
Elections pursuant to this Section shall not include the name 
of any incarcerated person and shall not allow for the 
identification of any person therefrom, except to the 
Department. The information shall be treated as confidential 
and shall not be disclosed by the State Board of Elections 
except as redistricting data aggregated by census block for 
purposes specified in Section 2-20.

(Source: P.A. 101-652, eff. 1-1-25; revised 12-2-21.)

 Section 675. The Code of Civil Procedure is amended by 
changing Sections 2-1401 and 21-103 as follows:




 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)



 Sec. 2-1401. Relief from judgments. 

 (a) Relief from final orders and judgments, after 30 days 
from the
entry thereof, may be had upon petition as provided in 
this Section.
Writs of error coram nobis and coram vobis, 
bills of review, and bills
in the nature of bills of review are 
abolished. All relief heretofore
obtainable and the grounds 
for such relief heretofore available,
whether by any of the 
foregoing remedies or otherwise, shall be
available in every 
case, by proceedings hereunder, regardless of the
nature of 
the order or judgment from which relief is sought or of the

proceedings in which it was entered. Except as provided in the 
Illinois Parentage Act of 2015, there shall be no distinction

between actions and other proceedings, statutory or otherwise, 
as to
availability of relief, grounds for relief, or the 
relief obtainable.

 (b) The petition must be filed in the same proceeding in 
which the
order or judgment was entered but is not a 
continuation thereof. The
petition must be supported by an 
affidavit or other appropriate showing as
to matters not of 
record. A petition to reopen a foreclosure proceeding must 
include as parties to the petition, but is not limited to, all 
parties in the original action in addition to the current 
record title holders of the property, current occupants, and 
any individual or entity that had a recorded interest in the 
property before the filing of the petition. All parties to the 
petition shall be notified
as provided by rule.

 (b-5) A movant may present a meritorious claim under this 
Section if the allegations in the petition establish each of 
the following by a preponderance of the evidence:
  (1) the movant was convicted of a forcible felony;
  (2) the movant's participation in the offense was 
 related to him or her previously having been a victim of 
 domestic violence as perpetrated by an intimate partner;
  (3) no evidence of domestic violence against the 
 movant was presented at the movant's sentencing hearing;
  (4) the movant was unaware of the mitigating nature of 
 the evidence of the domestic violence at the time of 
 sentencing and could not have learned of its significance 
 sooner through diligence; and
  (5) the new evidence of domestic violence against the 
 movant is material and noncumulative to other evidence 
 offered at the sentencing hearing, and is of such a 
 conclusive character that it would likely change the 
 sentence imposed by the original trial court.
 Nothing in this subsection (b-5) shall prevent a movant 
from applying for any other relief under this Section or any 
other law otherwise available to him or her.
 As used in this subsection (b-5):
  "Domestic violence" means abuse as defined in Section 
 103
of the Illinois Domestic Violence Act of 1986.
  "Forcible felony" has the meaning ascribed to the term 
 in
Section 2-8 of the Criminal Code of 2012.
  "Intimate partner" means a spouse or former spouse, 
 persons
who have or allegedly have had a child in common, 
 or persons who
have or have had a dating or engagement 
 relationship. 
 (b-10) A movant may present a meritorious claim under this 
Section if the allegations in the petition establish each of 
the following by a preponderance of the evidence:
  (A) she was convicted of a forcible felony;
  (B) her participation in the offense was a direct 
 result of her suffering from post-partum depression or 
 post-partum psychosis;
  (C) no evidence of post-partum depression or 
 post-partum psychosis was presented by a qualified medical 
 person at trial or sentencing, or both;
  (D) she was unaware of the mitigating nature of the 
 evidence or, if aware, was at the time unable to present 
 this defense due to suffering from post-partum depression 
 or post-partum psychosis, or, at the time of trial or 
 sentencing, neither was a recognized mental illness and as 
 such, she was unable to receive proper treatment;
and
  (E) evidence of post-partum depression or post-partum 
 psychosis as suffered by the person is material and 
 noncumulative to other evidence offered at the time of 
 trial or sentencing, and it is of such a conclusive 
 character that it would likely change the sentence imposed 
 by the original court.
 Nothing in this subsection (b-10) prevents a person from 
applying for any other relief under this Article or any other 
law otherwise available to her.
 As used in this subsection (b-10):
  "Post-partum depression" means a mood disorder which 
 strikes many women during and after pregnancy and usually 
 occurs during pregnancy and up to 12 months after 
 delivery. This depression can include anxiety disorders.
  "Post-partum psychosis" means an extreme form of 
 post-partum depression which can occur during pregnancy 
 and up to 12 months after delivery. This can include 
 losing touch with reality, distorted thinking, delusions, 
 auditory and visual hallucinations, paranoia, 
 hyperactivity and rapid speech, or mania.
 (c) Except as provided in Section 20b of the Adoption Act 
and Section
2-32 of the Juvenile Court Act of 1987, or in a 
petition based
upon Section 116-3 of the Code of Criminal 
Procedure of 1963 or subsection (b-10) of this Section, or in a 
motion to vacate and expunge convictions under the Cannabis 
Control Act as provided by subsection (i) of Section 5.2 of the 
Criminal Identification Act, the petition
must be filed not 
later than 2 years after the entry of the order or judgment.

Time during which the person seeking relief is under legal 
disability or
duress or the ground for relief is fraudulently 
concealed shall be excluded
in computing the period of 2 
years.

 (c-5) Any individual may at any time file a petition and 
institute proceedings under this Section, if his or her final 
order or judgment, which was entered based on a plea of guilty 
or nolo contendere, has potential consequences under federal 
immigration law. 
 (d) The filing of a petition under this Section does not 
affect the
order or judgment, or suspend its operation.

 (e) Unless lack of jurisdiction affirmatively appears from 
the
record proper, the vacation or modification of an order or 
judgment
pursuant to the provisions of this Section does not 
affect the right,
title, or interest in or to any real or 
personal property of any person,
not a party to the original 
action, acquired for value after the entry
of the order or 
judgment but before the filing of the petition, nor
affect any 
right of any person not a party to the original action under

any certificate of sale issued before the filing of the 
petition,
pursuant to a sale based on the order or judgment. 
When a petition is filed pursuant to this Section to reopen a 
foreclosure proceeding, notwithstanding the provisions of 
Section 15-1701 of this Code, the purchaser or successor 
purchaser of real property subject to a foreclosure sale who 
was not a party to the mortgage foreclosure proceedings is 
entitled to remain in possession of the property until the 
foreclosure action is defeated or the previously foreclosed 
defendant redeems from the foreclosure sale if the purchaser 
has been in possession of the property for more than 6 months. 

 (f) Nothing contained in this Section affects any existing 
right to
relief from a void order or judgment, or to employ any 
existing method
to procure that relief.

(Source: P.A. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19; 
102-639, eff. 8-27-21; revised 11-24-21.)




 (735 ILCS 5/21-103)


 (Text of Section before amendment by P.A. 101-652)
 Sec. 21-103. Notice by publication. 

 (a) Previous notice shall be given of the intended 
application by
publishing a notice thereof in some newspaper 
published in the municipality
in which the person resides if 
the municipality is in a county with a
population under 
2,000,000, or if the person does not reside
in a municipality 
in a county with a population under 2,000,000,
or if no 
newspaper is published in the municipality or if the person 
resides
in a county with a population of 2,000,000 or more, 
then in some newspaper
published in the county where the 
person resides, or if no newspaper
is published in that 
county, then in some convenient newspaper published
in this 
State. The notice shall be inserted for 3 consecutive weeks 
after filing, the
first insertion to be at least 6 weeks before 
the return day upon which
the petition is to be heard, and 
shall be signed by the petitioner or, in
case of a minor, the 
minor's parent or guardian, and shall set
forth the return day 
of court on which the petition is to be heard and the
name 
sought to be assumed.

 (b) The publication requirement of subsection (a) shall 
not be
required in any application for a change of name 
involving a minor if,
before making judgment under this 
Article, reasonable notice and opportunity
to be heard is 
given to any parent whose parental rights have not been

previously terminated and to any person who has physical 
custody of the
child. If any of these persons are outside this 
State, notice and
opportunity to be heard shall be given under 
Section 21-104.

 (b-3) The publication requirement of subsection (a) shall 
not be required in any application for a change of name 
involving a person who has received a judgment for dissolution 
of marriage or declaration of invalidity of marriage and 
wishes to change his or her name to resume the use of his or 
her former or maiden name.
 (b-5) Upon motion, the court may issue an order directing 
that the notice and publication requirement be waived for a 
change of name involving a person who files with the court a 
written declaration that the person believes that publishing 
notice of the name change would put the person at risk of 
physical harm or discrimination. The person must provide 
evidence to support the claim that publishing notice of the 
name change would put the person at risk of physical harm or 
discrimination. 
 (c) The Director of the Illinois State Police or his or her 
designee may apply to the
circuit court
for an order directing 
that the notice and publication requirements of
this Section 
be waived if the Director or his or her designee certifies that

the name change being sought is intended to protect a witness 
during and
following a criminal investigation or proceeding.

 (c-1) The court may enter a written order waiving the 
publication requirement of subsection (a) if:
  (i) the petitioner is 18 years of age or older; and
  (ii) concurrent with the petition, the petitioner 
 files with the court a statement, verified under oath as 
 provided under Section 1-109 of this Code, attesting that 
 the petitioner is or has been a person protected under the 
 Illinois Domestic Violence Act of 1986, the Stalking No 
 Contact Order Act, the Civil No Contact Order Act, Article 
 112A of the Code of Criminal Procedure of 1963, a 
 condition of bail under subsections (b) through (d) of 
 Section 110-10 of the Code of Criminal Procedure of 1963, 
 or a similar provision of a law in another state or 
 jurisdiction.
 The petitioner may attach to the statement any supporting 
documents, including relevant court orders.
 (c-2) If the petitioner files a statement attesting that 
disclosure of the petitioner's address would put the 
petitioner or any member of the petitioner's family or 
household at risk or reveal the confidential address of a 
shelter for domestic violence victims, that address may be 
omitted from all documents filed with the court, and the 
petitioner may designate an alternative address for service.
 (c-3) Court administrators may allow domestic abuse 
advocates, rape crisis advocates, and victim advocates to 
assist petitioners in the preparation of name changes under 
subsection (c-1).
 (c-4) If the publication requirements of subsection (a) 
have been waived, the circuit court shall enter an order 
impounding the case. 
 (d) The maximum rate charged for publication of a notice 
under this Section may not exceed the lowest classified rate 
paid by commercial users for comparable space in the newspaper 
in which the notice appears and shall include all cash 
discounts, multiple insertion discounts, and similar benefits 
extended to the newspaper's regular customers. 
(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; 
102-538, eff. 8-20-21.)

 (Text of Section after amendment by P.A. 101-652)

 Sec. 21-103. Notice by publication. 

 (a) Previous notice shall be given of the intended 
application by
publishing a notice thereof in some newspaper 
published in the municipality
in which the person resides if 
the municipality is in a county with a
population under 
2,000,000, or if the person does not reside
in a municipality 
in a county with a population under 2,000,000,
or if no 
newspaper is published in the municipality or if the person 
resides
in a county with a population of 2,000,000 or more, 
then in some newspaper
published in the county where the 
person resides, or if no newspaper
is published in that 
county, then in some convenient newspaper published
in this 
State. The notice shall be inserted for 3 consecutive weeks 
after filing, the
first insertion to be at least 6 weeks before 
the return day upon which
the petition is to be heard, and 
shall be signed by the petitioner or, in
case of a minor, the 
minor's parent or guardian, and shall set
forth the return day 
of court on which the petition is to be heard and the
name 
sought to be assumed.

 (b) The publication requirement of subsection (a) shall 
not be
required in any application for a change of name 
involving a minor if,
before making judgment under this 
Article, reasonable notice and opportunity
to be heard is 
given to any parent whose parental rights have not been

previously terminated and to any person who has physical 
custody of the
child. If any of these persons are outside this 
State, notice and
opportunity to be heard shall be given under 
Section 21-104.

 (b-3) The publication requirement of subsection (a) shall 
not be required in any application for a change of name 
involving a person who has received a judgment for dissolution 
of marriage or declaration of invalidity of marriage and 
wishes to change his or her name to resume the use of his or 
her former or maiden name.
 (b-5) Upon motion, the court may issue an order directing 
that the notice and publication requirement be waived for a 
change of name involving a person who files with the court a 
written declaration that the person believes that publishing 
notice of the name change would put the person at risk of 
physical harm or discrimination. The person must provide 
evidence to support the claim that publishing notice of the 
name change would put the person at risk of physical harm or 
discrimination. 
 (c) The Director of the Illinois State Police or his or her 
designee may apply to the
circuit court
for an order directing 
that the notice and publication requirements of
this Section 
be waived if the Director or his or her designee certifies that

the name change being sought is intended to protect a witness 
during and
following a criminal investigation or proceeding.

 (c-1) The court may enter a written order waiving the 
publication requirement of subsection (a) if:
  (i) the petitioner is 18 years of age or older; and
  (ii) concurrent with the petition, the petitioner 
 files with the court a statement, verified under oath as 
 provided under Section 1-109 of this Code, attesting that 
 the petitioner is or has been a person protected under the 
 Illinois Domestic Violence Act of 1986, the Stalking No 
 Contact Order Act, the Civil No Contact Order Act, Article 
 112A of the Code of Criminal Procedure of 1963, a 
 condition of pretrial release under subsections (b) 
 through (d) of Section 110-10 of the Code of Criminal 
 Procedure of 1963, or a similar provision of a law in 
 another state or jurisdiction.
 The petitioner may attach to the statement any supporting 
documents, including relevant court orders.
 (c-2) If the petitioner files a statement attesting that 
disclosure of the petitioner's address would put the 
petitioner or any member of the petitioner's family or 
household at risk or reveal the confidential address of a 
shelter for domestic violence victims, that address may be 
omitted from all documents filed with the court, and the 
petitioner may designate an alternative address for service.
 (c-3) Court administrators may allow domestic abuse 
advocates, rape crisis advocates, and victim advocates to 
assist petitioners in the preparation of name changes under 
subsection (c-1).
 (c-4) If the publication requirements of subsection (a) 
have been waived, the circuit court shall enter an order 
impounding the case. 
 (d) The maximum rate charged for publication of a notice 
under this Section may not exceed the lowest classified rate 
paid by commercial users for comparable space in the newspaper 
in which the notice appears and shall include all cash 
discounts, multiple insertion discounts, and similar benefits 
extended to the newspaper's regular customers. 
(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; 
101-652, eff. 1-1-23; 102-538, eff. 8-20-21; revised 
10-12-21.)

 Section 680. The Eminent Domain Act is amended by setting 
forth, renumbering, and changing multiple versions of Section 
25-5-80 as follows:

 (735 ILCS 30/25-5-80)
 (Section scheduled to be repealed on April 2, 2024)
 Sec. 25-5-80. Quick-take; City of Woodstock; Madison 
Street, South Street, and Lake Avenue.
 (a) Quick-take proceedings under Article 20 may be used 
for a period of no more than 2 years after April 2, 2021 (the 
effective date of Public Act 101-665) this amendatory Act of 
the 101st General Assembly by Will County for the acquisition 
of the following described property for the purpose of the 
80th Avenue Improvements project:

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FB
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0001A
Station 76+09.95 To Station 80+90.00
 Index No.: 19-09-02-400-012

 Parcel 0001A

 That part of the Southeast Quarter of the Southeast 
 Quarter of Section 2, all in Township
35 North, Range 12 
 East of the Third Principal Meridian, in Will County, 
 Illinois, bearings
and distances based on the Illinois 
 Sate Plane Coordinate System, East Zone, NAD 83
(2011 
 Adjustment) with a combined scale factor of 0.9999641157 
 described as follows:

 Commencing at the southeast corner of said Section 2; 
 thence North 01 degree 44 minutes
58 seconds West on the 
 east line of said Southeast Quarter, 69.28 feet to the 
 north right of
way line of 191st Street as described in 
 Document No. R94-114863; thence South 88
degrees 15 
 minutes 02 seconds West, on said north right of way line, 
 50.29 feet to the
west right of way line of 80th Avenue per 
 Document No. R66-13830, and to the Point of
Beginning; 
 thence continuing South 88 degrees 15 minutes 02 seconds 
 West, on said
north right of way line, 10.14 feet to an 
 angle point in said north right of way line; thence
South 
 43 degrees 24 minutes 14 seconds West, on said north right 
 of way line, 27.67 feet
to an angle point in said north 
 right of way line; thence South 88 degrees 24 minutes 14

 seconds West, on said north right of way line, 1038.30 
 feet; thence North 01 degree 36
minutes 18 seconds West, 
 6.27 feet; thence North 87 degrees 57 minutes 50 seconds

 East, 930.35 feet to a point 63.00 feet North of, as 
 measured perpendicular to, the south
line of said 
 Southeast Quarter; thence North 50 degrees 35 minutes 39 
 seconds East,
117.47 feet to the west line of the East 
 95.00 feet of said Southeast Quarter; thence North
01 
 degree 44 minutes 58 seconds West, on said west line, 
 304.58 feet; thence North 88
degrees 15 minutes 28 seconds 
 East, 10.00 feet to the west line of the East 85.00 feet of

 said Southeast Quarter; thence North 01 degree 44 minutes 
 58 seconds West, on said
west line, 90.00 feet; thence 
 North 88 degrees 15 minutes 26 seconds East, 20.89 feet to

 the west right of way line of 80th Avenue per Document No. 
 R66-13830; thence South 03
degrees 28 minutes 04 seconds 
 East, on said west right of way line, 460.75 feet to the

 Point of Beginning.

 Said parcel containing 0.706 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0001B
Station 88+00.00 To Station 88+89.62
 Index No.: 19-09-02-400-012

 Parcel 0001B

 That part of the Southeast Quarter of the Southeast 
 Quarter of Section 2, all in Township
35 North, Range 12 
 East of the Third Principal Meridian, in Will County, 
 Illinois, bearings
and distances based on the Illinois 
 Sate Plane Coordinate System, East Zone, NAD 83
(2011 
 Adjustment) with a combined scale factor of 0.9999641157 
 described as follows:

 Beginning at the intersection of the north line of the 
 Southeast Quarter of said Southeast
Quarter with the west 
 right of way line of 80th Avenue per Document No. 
 R66-13830;
thence South 01 degree 44 minutes 58 seconds 
 East, on said west right of way line, 89.60
feet; thence 
 South 88 degrees 15 minutes 29 seconds West, 6.78 feet; 
 thence North 02
degrees 31 minutes 36 seconds West, 89.63 
 feet to the north line of the Southeast Quarter
of said 
 Southeast Quarter; thence North 88 degrees 26 minutes 40 
 seconds East, on said
north line, 8.00 feet to the Point of 
 Beginning.

 Said parcel containing 0.015 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0001TE-A
Station 88+00.00 To Station 88+89.64
 Index No.: 19-09-02-400-012

 Parcel 0001TE-A

 That part of the Southeast Quarter of the Southeast 
 Quarter of Section 2, all in Township
35 North, Range 12 
 East of the Third Principal Meridian, in Will County, 
 Illinois, bearings
and distances based on the Illinois 
 Sate Plane Coordinate System, East Zone, NAD 83
(2011 
 Adjustment) with a combined scale factor of 0.9999641157 
 described as follows:

 Beginning at a point on the north line of the Southeast 
 Quarter of said Southeast Quarter
that is 88.00 feet West 
 of, the east line of said Southeast Quarter, as measured 
 on said
north line; thence South 02 degrees 31 minutes 36 
 seconds East, 89.63 feet; thence South
88 degrees 15 
 minutes 29 seconds West, 5.00 feet; thence North 02 
 degrees 31 minutes
36 seconds West, 89.65 feet to the 
 north line of the Southeast Quarter of said Southeast

 Quarter; thence North 88 degrees 26 minutes 40 seconds 
 East, on said north line, 5.00
feet to the Point of 
 Beginning.

 Said parcel containing 0.010 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0001TE-B
Station 82+99.90 To Station 88+00.00
 Index No.: 19-09-02-400-012

 Parcel 0001TE-B

 That part of the Southeast Quarter of the Southeast 
 Quarter of Section 2, all in Township
35 North, Range 12 
 East of the Third Principal Meridian, in Will County, 
 Illinois, bearings
and distances based on the Illinois 
 Sate Plane Coordinate System, East Zone, NAD 83
(2011 
 Adjustment) with a combined scale factor of 0.9999641157 
 described as follows:

 Commencing at the Southeast corner of said Section 2; 
 thence North 01 degree 44
minutes 58 seconds West, on the 
 east line of said Southeast Quarter, 69.28 feet to the

 north right of way line of 191st Street as described in 
 Document No. R94-114863; thence
South 88 degrees 15 
 minutes 02 seconds West, on said north right of way line, 
 50.29 feet
to the west right of way line of 80th Avenue per 
 Document No. R66-13830; thence North 03
degrees 28 minutes 
 04 seconds West, on said west right of way line, 670.74 
 feet to the
Point of Beginning; thence South 88 degrees 15 
 minutes 02 seconds West, 9.59 feet;
thence North 02 
 degrees 31 minutes 36 seconds West, 500.15 feet; thence 
 North 88
degrees 15 minutes 29 seconds East, 6.78 feet to 
 said west right of way line; thence South
01 degree 44 
 minutes 58 seconds East, on said west right of way line, 
 180.42 feet to an
angle point in said west right of way 
 line; thence South 03 degrees 28 minutes 04 seconds
East, 
 on said west right of way line, 319.82 feet to the Point of 
 Beginning.

 Said parcel containing 0.074 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0001TE-C
Station 76+91.56 To Station 81+34.98
 Index No.: 19-09-02-400-012

 Parcel 0001TE-C

 That part of the Southeast Quarter of the Southeast 
 Quarter of Section 2, all in Township
35 North, Range 12 
 East of the Third Principal Meridian, in Will County, 
 Illinois, bearings
and distances based on the Illinois 
 Sate Plane Coordinate System, East Zone, NAD 83
(2011 
 Adjustment) with a combined scale factor of 0.9999641157 
 described as follows:

 Commencing at the Southeast corner of said Section 2; 
 thence North 01 degree 44
minutes 58 seconds West, on the 
 east line of said Southeast Quarter, 69.28 feet to the

 north right of way line of 191st Street as described in 
 Document No. R94-114863; thence
South 88 degrees 15 
 minutes 02 seconds West, on said north right of way line, 
 50.29 feet
to the west right of way line of 80th Avenue per 
 Document No. R66-13830; thence North 03
degrees 28 minutes 
 04 seconds West, on said west right of way line, 460.75 
 feet to the
Point of Beginning; thence South 88 degrees 15 
 minutes 26 seconds West, 20.89 feet to
the west line of the 
 East 85.00 feet of said Southeast Quarter; thence South 01 
 degree 44
minutes 58 seconds East, on said west line, 
 90.00 feet; thence South 88 degrees 15
minutes 28 seconds 
 West, 10.00 feet to the west line of the East 95.00 feet of 
 said
Southeast Quarter; thence South 01 degree 44 minutes 
 58 seconds East, on said west
line, 304.58 feet; thence 
 South 50 degrees 35 minutes 39 seconds West, 6.32 feet to 
 the
west line of the East 100.00 feet of said Southeast 
 Quarter; thence North 01 degree 44
minutes 58 seconds 
 West, on said west line, 313.44 feet; thence North 88 
 degrees 15
minutes 28 seconds East, 10.00 feet to the west 
 line of the east 90.00 feet of said
Southeast Quarter; 
 thence North 01 degree 44 minutes 58 seconds West, on said 
 west
line, 96.19 feet; thence South 88 degrees 15 minutes 
 35 seconds West, 9.50 feet to the
west line of the East 
 99.50 feet of said Southeast Quarter; thence North 01 
 degree 44
minutes 58 seconds West, on said west line, 
 33.80 feet; thence North 88 degrees 15
minutes 25 seconds 
 East, 34.04 feet to the west right of way line of 80th 
 Avenue per
Document No. R66-13830; thence South 03 degrees 
 28 minutes 04 seconds East, on said
west right of way line, 
 45.00 feet to the Point of Beginning.

 Said parcel containing 0.080 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0002
Station 76+09.53 To Station 89+10.71
 Index No.: 19-09-01-300-024

 Parcel 0002

 That part of the Southwest Quarter of the Southwest 
 Quarter of Section 1, also 2/3rds of
an acre off the south 
 end of the Northwest Quarter of the Southwest Quarter of 
 Section 1,
Township 35 North, Range 12 East of the Third 
 Principal Meridian, in Will County, Illinois,
bearings and 
 distances based on the Illinois State Plane Coordinate 
 System, East Zone,
NAD 83 (2011 Adjustment) with a 
 combined scale factor of 0.9999641157 described as

 follows:

 Commencing at the southwest corner of said Section 1; 
 thence North 01 degree 44
minutes 58 seconds West, on the 
 west line of said Southwest Quarter, 68.94 feet to the

 north right of way line of 191st Street as described in 
 Document No. R94-114861; thence
North 88 degrees 15 
 minutes 02 seconds East, on said north right of way line, 
 50.33 feet to
the east right of way line of 80th Avenue per 
 Document No. R66-13830, and to the Point of
Beginning; 
 thence North 00 degrees 15 minutes 19 seconds East, on 
 said east right of way
line, 991.07 feet to an angle point 
 in said east right of way line; thence North 01 degree 44

 minutes 58 seconds West, on said east right of way line, 
 291.11 feet to the north line of the
South 2/3rd of an 
 acre, of the northwest quarter of said Southwest Quarter; 
 thence North 88
degrees 30 minutes 01 second East, on said 
 north line, 27.00 feet to the east line of the
West 112.00 
 feet of said Southwest Quarter; thence South 01 degree 44 
 minutes 58
seconds East, on said east line, 195.59 feet; 
 thence South 88 degrees 15 minutes 27
seconds West, 16.00 
 feet to the east line of the West 96.00 feet of said 
 Southwest
Quarter; thence South 01 degree 44 minutes 58 
 seconds East, on said east line, 240.00
feet; thence South 
 88 degrees 15 minutes 27 seconds West, 5.00 feet to the 
 east line of
the West 91.00 feet of said Southwest 
 Quarter; thence South 01 degree 44 minutes 58
seconds 
 East, on said east line, 151.34 feet; thence South 88 
 degrees 15 minutes 36
seconds West, 11.00 feet to the east 
 line of the West 80.00 feet of said Southwest
Quarter; 
 thence South 01 degree 44 minutes 58 seconds East, on said 
 east line, 323.66
feet; thence North 88 degrees 15 minutes 
 29 seconds East, 5.00 feet to the east line of the
West 
 85.00 feet of said Southwest Quarter; thence South 01 
 degree 44 minutes 58
seconds East, on said east line, 
 251.00 feet; thence North 88 degrees 15 minutes 08
seconds 
 East, 6.00 feet; thence South 24 degrees 56 minute 10 
 seconds East, 124.46 feet
to the north line of the South 
 75.00 feet of said Southwest Quarter; thence North 88

 degrees 29 minutes 57 seconds East, on said north line, 
 376.67 feet; thence South 84
degrees 46 minutes 29 seconds 
 East, 183.57 feet to a point 53.50 feet North of, as

 measured perpendicular to, the south line of said 
 Southwest Quarter; thence South 01
degree 30 minutes 03 
 seconds East, 2.85 feet to the north right of way line of 
 191st Street
as described in Document No. R94-114861; 
 thence South 88 degrees 24 minutes 33 seconds West, on 
 said north right of way line, 618.63 feet to an angle point 
 in said north
right of way line; thence North 46 degrees 35 
 minutes 28 seconds West, on said north right
of way line, 
 27.66 feet to an angle point in said north right of way 
 line; thence South 88
degrees 15 minutes 02 seconds West, 
 on said north right of way line, 10.40 feet to the
Point of 
 Beginning.

 Said parcel containing 0.951 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0002TE-A
Station 77+49.00 To Station 81+30.94
 Index No.: 19-09-01-300-024

 Parcel 0002TE-A

 That part of the Southwest Quarter of the Southwest 
 Quarter of Section 1, also 2/3rds of
an acre off the south 
 end of the Northwest Quarter of the Southwest Quarter of 
 Section 1,
Township 35 North, Range 12 East of the Third 
 Principal Meridian, in Will County, Illinois,
bearings and 
 distances based on the Illinois State Plane Coordinate 
 System, East Zone,
NAD 83 (2011 Adjustment) with a 
 combined scale factor of 0.9999641157 described as

 follows:

 Commencing at the southwest corner of said Section 1; 
 thence North 01 degrees 44
minutes 58 seconds West, on the 
 west line of said Southwest Quarter, 68.94 feet to the

 north right of way line of 191st Street as described in 
 Document No. R94-114861; thence
North 88 degrees 15 
 minutes 02 seconds East, on said north right of way line, 
 50.33 feet to
the east right of way line of 80th Avenue per 
 Document No. R66-13830; thence North 00
degrees 15 minutes 
 19 seconds East, on said east right of way line, 502.11 
 feet; thence
North 88 degrees 15 minutes 36 seconds East, 
 12.10 feet to the Point of Beginning; thence
continuing 
 North 88 degrees 15 minutes 36 seconds East, 11.00 feet to 
 the west line of the
East 91.00 feet of said Southwest 
 Quarter; thence South 01 degree 44 minutes 58
seconds 
 East, on said east line, 381.94 feet; thence South 88 
 degrees 15 minutes 08
seconds West, 6.00 feet to the east 
 line of the West 85.00 feet of said Southwest Quarter;

 thence North 01 degree 44 minutes 58 seconds West, on said 
 east line, 251.00 feet;
thence South 88 degrees 15 minutes 
 29 seconds West, 5.00 feet to the east line of the
West 
 80.00 feet of said Southwest Quarter; thence North 01 
 degree 44 minutes 58
seconds West, on said east line, 
 130.94 feet to the Point of Beginning.

 Said parcel containing 0.068 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0002TE-B
Station 3023+00.64 To Station 
 3025+99.98
 Index No.: 19-09-01-300-024

 Parcel 0002TE-B

 That part of the Southwest Quarter of the Southwest 
 Quarter of Section 1, also 2/3rds of
an acre off the south 
 end of the Northwest Quarter of the Southwest Quarter of 
 Section 1,
Township 35 North, Range 12 East of the Third 
 Principal Meridian, in Will County, Illinois,
bearings and 
 distances based on the Illinois State Plane Coordinate 
 System, East Zone,
NAD 83 (2011 Adjustment) with a 
 combined scale factor of 0.9999641157 described as

 follows:

 Commencing at the southwest corner of said Section 1; 
 thence North 88 degrees 29
minutes 57 seconds East, on the 
 south line of said Southwest Quarter, 698.65 feet; thence

 North 01 degree 30 minutes 03 seconds West, perpendicular 
 to said south line, 50.65 feet
to the north right of way 
 line of 191st Street as described in Document No. 
 R94-114861,
and to the Point of Beginning; thence 
 continuing North 01 degree 30 minutes 03 seconds
West, 
 2.85 feet; thence North 88 degrees 13 minutes 47 seconds 
 East, 299.34 feet;
thence South 01 degree 30 minutes 03 
 seconds East, 4.00 feet to the north right of way
line of 
 191st Street per Document No. R2003-260494; thence South 
 88 degrees 29 minutes
57 seconds West, on said north right 
 of way line, 133.46 feet to the west line of said
Document 
 No. R2003-260494; thence South 88 degrees 24 minutes 33 
 seconds West, on
the north right of way line of 191st 
 Street per Document No. R94-114861, a distance of
165.89 
 feet to the Point of Beginning.

 Said parcel containing 0.023 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0003
Station 88+89.50 To Station 91+36.65
 Index No.: 19-09-02-402-003

 Parcel 0003

 That part of Outlot A in 80th Avenue Industrial Center in 
 the east half of the Southeast
Quarter of Section 2, 
 Township 35 North, Range 12 East of the Third Principal 
 Meridian,
according to the plat thereof recorded May 27, 
 1976 as Document No. R1976-015768,
Township of Frankfort, 
 Will County, Illinois, bearings and distances based on the 
 Illinois
Sate Plane Coordinate System, East Zone, NAD 83 
 (2011 Adjustment) with a combined
scale factor of 
 0.9999641157 described as follows:

 Beginning at the southeast corner of said Outlot A; thence 
 South 88 degrees 26 minutes
40 seconds West, on the south 
 line of said Outlot A, 38.00 feet; thence North 22 degrees

 20 minutes 14 seconds East, 66.16 feet to the west line of 
 the East 11.00 feet of said
Outlot A; thence North 01 
 degree 44 minutes 58 seconds West, on said west line, 
 159.51
feet to a point 27.00 feet South of, as measured 
 perpendicular to, the south right of way
line of 189th 
 Street; thence South 88 degrees 26 minutes 40 seconds 
 West, parallel with
said south right of way line, 39.00 
 feet; thence North 01 degree 44 minutes 58 seconds
West, 
 parallel with the east line of said Outlot A, 27.00 feet to 
 the south right of way line of
189th Street; thence North 
 88 degrees 26 minutes 40 seconds East, on said south right 
 of
way line, 50.00 feet to the east line of said Outlot A; 
 thence South 01 degree 44 minutes 58
seconds East, on said 
 east line, 246.99 feet to the Point of Beginning.

 Said parcel containing 0.105 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0003TE
Station 88+89.62 To Station 91+09.54
 Index No.: 19-09-02-402-003

 Parcel 0003TE

 That part of Outlot A in 80th Avenue Industrial Center in 
 the east half of the Southeast
Quarter of Section 2, 
 Township 35 North, Range 12 East of the Third Principal 
 Meridian,
according to the plat thereof recorded May 27, 
 1976 as Document No. R1976-015768,
Township of Frankfort, 
 Will County, Illinois, bearings and distances based on the 
 Illinois
Sate Plane Coordinate System, East Zone, NAD 83 
 (2011 Adjustment) with a combined
scale factor of 
 0.9999641157 described as follows:

 Commencing at the southeast corner of said Outlot A; 
 thence South 88 degrees 26
minutes 40 seconds West, on the 
 south line of said Outlot A, 38.00 feet to the Point of

 Beginning; thence continuing South 88 degrees 26 minutes 
 40 seconds West, on said
south line, 5.00 feet; thence 
 North 01 degrees 44 minutes 58 seconds West, parallel with

 the east line of said Outlot A, a distance of 60.49 feet; 
 thence North 88 degrees 26minutes
40 seconds East, 27.00 
 feet to the west line of the East 16.00 feet of said Outlot 
 A; thence
North 01 degree 44 minutes 58 seconds West, on 
 said west line, 159.51 feet to a point
27.00 feet South of, 
 as measured perpendicular to, the south right of way line 
 of 189th
Street; thence North 88 degrees 26 minutes 40 
 seconds East, parallel to said south right of
way line, 
 5.00 feet to the west line of the East 11.00 feet of said 
 Outlot A; thence South 01
degree 44 minutes 58 seconds 
 East, on said west line, 159.51 feet; thence South 22

 degrees 20 minutes 14 seconds West, 66.16 feet to the 
 Point of Beginning.
 Said parcel containing 0.044 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0004A
Station 89+10.59 To Station 91+36.89
 Index No.: 19-09-01-301-001

 Parcel 0004A

 That part of Lot 1 in Panduit Corp Planned Unit 
 Development Subdivision, being a
subdivision in part of 
 the Southwest Quarter of Section 1, Township 35 North, 
 Range 12
East of the Third Principal Meridian, according 
 to the plat thereof recorded August 31, 2012
as Document 
 No. R2012-096238, in Will County, Illinois, bearings and 
 distances based on
the Illinois Sate Plane Coordinate 
 System, East Zone, NAD 83 (2011 Adjustment) with a

 combined scale factor of 0.9999641157 described as 
 follows:

 Beginning at the southwest corner of said lot; thence 
 North 01 degree 44 minutes 58
seconds West, on the west 
 line of said lot, 226.18 feet; thence North 88 degrees 15

 minutes 33 seconds East, 10.00 feet to the east line of the 
 West 10.00 feet of said lot;
thence South 01 degree 44 
 minutes 58 seconds East, on said east line, 186.95 feet;

 thence North 88 degrees 15 minutes 28 seconds East, 17.00 
 feet to the east line of the
West 27.00 feet of said lot; 
 thence South 01 degree 44 minutes 58 seconds East, on said

 east line, 39.35 feet to the south line of said lot; thence 
 South 88 degrees 30 minutes 01
second West, on said south 
 line, 27.00 feet to the Point of Beginning.

 Said parcel containing 0.067 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0004B
Station 92+15.00 To Station 99+94.90
 Index No.: 19-09-01-301-001

 Parcel 0004B

 That part of Lot 1 in Panduit Corp Planned Unit 
 Development Subdivision, being a
subdivision in part of 
 the Southwest Quarter of Section 1, Township 35 North, 
 Range 12
East of the Third Principal Meridian, according 
 to the plat thereof recorded August 31, 2012
as Document 
 No. R2012-096238, in Will County, Illinois, bearings and 
 distances based on
the Illinois Sate Plane Coordinate 
 System, East Zone, NAD 83 (2011 Adjustment) with a

 combined scale factor of 0.9999641157 described as 
 follows:

 Beginning at the northwest corner of said lot; thence 
 North 88 degrees 32 minutes 27
seconds East, on the north 
 line of said lot, 53.09 feet; thence South 02 degrees 19 
 minutes
11 seconds West, 586.19 feet to a point 20.00 feet 
 East of, as measured perpendicular to,
the west line of 
 said lot; thence South 88 degrees 15 minutes 02 seconds 
 West, 11.00 feet
to the east line of the West 9.00 feet of 
 said lot; thence South 01 degree 44 minutes 58
seconds 
 East, on said east line, 194.80 feet; thence South 88 
 degrees 15 minutes 02
seconds West, 9.00 feet to the west 
 line of said lot; thence North 01 degree 44 minutes 58

 seconds West, on said west line, 505.26 feet to an angle 
 point in said west line; thence
North 00 degrees 01 minute 
 33 seconds East, on said west line, 274.64 feet to the 
 Point of
Beginning.

 Said parcel containing 0.561 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0004TE
Station 89+49.94 To Station 92+15.00
 Index No.: 19-09-01-301-001

 Parcel 0004TE

 That part of Lot 1 in Panduit Corp Planned Unit 
 Development Subdivision, being a
subdivision in part of 
 the Southwest Quarter of Section 1, Township 35 North, 
 Range 12
East of the Third Principal Meridian, according 
 to the plat thereof recorded August 31, 2012
as Document 
 No. R2012-096238, in Will County, Illinois, bearings and 
 distances based on
the Illinois Sate Plane Coordinate 
 System, East Zone, NAD 83 (2011 Adjustment) with a

 combined scale factor of 0.9999641157 described as 
 follows:

 Commencing at the southwest corner of said lot; thence 
 North 01 degree 44 minutes 58
seconds West, on the west 
 line of said lot, 226.18 feet to the Point of Beginning; 
 thence
continuing North 01 degrees 44 minutes 58 seconds 
 West, on said west line, 78.11 feet;
thence North 88 
 degrees 15 minutes 02 seconds East, 9.00 feet; thence 
 South 50 degrees
58 minutes 14 seconds East, 27.73 feet; 
 thence North 88 degrees 15 minutes 33 seconds
East, 25.00 
 feet to the east line of the West 55.00 feet of said lot; 
 thence South 01 degree
44 minutes 58 seconds East, on said 
 east line, 60.00 feet; thence South 88 degrees 15
minutes 
 33 seconds West, 40.00 feet to the east line of the West 
 15.00 feet of said lot;
thence South 01 degree 44 minutes 
 58 seconds East, on said east line, 186.94 feet;
thence 
 South 88 degrees 15 minutes 28 second West, 5.00 feet to 
 the east line of the
West 10.00 feet of said lot; thence 
 North 01 degree 44 minutes 58 seconds West, on said
east 
 line, 186.95 feet; thence South 88 degrees 15 minutes 33 
 seconds West, 10.00 feet
to the Point of Beginning.

 Said parcel containing 0.105 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0005
Station 92+02.49 To Station 99+94.90
 Index No.: 19-09-02-402-003

 Parcel 0005

 That part of Outlot A in 80th Avenue Industrial Center in 
 the east half of the Southeast
Quarter of Section 2, 
 Township 35 North, Range 12 East of the Third Principal 
 Meridian,
according to the plat thereof recorded May 27, 
 1976 as Document No. R1976-015768,
Township of Frankfort, 
 Will County, Illinois, bearings and distances based on the 
 Illinois
Sate Plane Coordinate System, East Zone, NAD 83 
 (2011 Adjustment) with a combined
scale factor of 
 0.9999641157 described as follows:

 Beginning at the northeast corner of said Outlot A, said 
 northeast corner being the
intersection of the east line 
 of said Outlot A with the south right of way line of 
 Interstate 80;
thence South 05 degrees 42 minutes 13 
 seconds East, on the east line of said Outlot A,
526.56 
 feet to an angle point in said east line; thence South 01 
 degree 44 minutes 58
seconds East, on said east line, 
 266.93 feet to the north right of way line of 189th Street;

 thence South 88 degrees 26 minutes 40 seconds West, on 
 said north right of way line,
50.00 feet; thence North 01 
 degree 44 minutes 58 seconds West, parallel with said east

 line, 32.00 feet; thence North 88 degrees 26 minutes 40 
 seconds East, parallel with said
north right of way line, 
 37.00 feet to the west line of the East 13.00 feet of said 
 Outlot A;
thence North 01 degree 44 minutes 58 seconds 
 West, on said west line, 279.26 feet;
thence South 88 
 degrees 15 minutes 02 seconds West, 22.00 feet; thence 
 North 01
degree 43 minutes 58 seconds West, 238.59 feet; 
 thence North 04 degrees 43 minutes 36
seconds West, 197.47 
 feet; thence North 01 degree 54 minutes 17 seconds West, 
 45.18
feet to the north line of said Outlot A; thence North 
 88 degrees 31 minutes 27 seconds
East, on said north line, 
 9.00 feet to the Point of Beginning.

 Said parcel containing 0.321 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0006
Station 102+41.97 To Station 115+07.14
 Index No.: 19-09-01-100-013

 Parcel 0006

 The West 60 acres (Except the East 40 acres thereof) of the 
 south half of the Northwest
Quarter of Section 1, Township 
 35 North, Range 12 East of the Third Principal Meridian, 
 in
Will County, Illinois.

 Excepting therefrom that part described for street 
 purposes by Plat of Dedication and
ordinance approving the 
 same record as Document R2002-010141.

 Also excepting therefrom that part taken for Interstate 80 
 in Case 66 G 1592H the Lis
Pendes of which was recorded as 
 Document R66-13830.

 Said parcel containing 16.618 acres, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0007TE
Station 110+41.32 To Station 110+49.57
 Index No.: 19-09-02-203-003

 Parcel 0007TE

 That part of Lot 9 in Mercury Business Center, being a 
 subdivision of part of the Southeast
Quarter of the 
 Northeast Quarter of Section 2, Township 35 North, Range 
 12 East of the
Third Principal Meridian, according to the 
 plat thereof recorded August 26, 1994 as
Document No. 
 R94-82441, in Will County, Illinois, bearings and 
 distances based on the
Illinois State Plane Coordinate 
 System, East Zone, NAD 83 (2011 Adjustment) with a

 combined scaled factor of 0.9999641157 described as 
 follows:

 Commencing at the southeast corner of said lot; thence 
 South 84 degrees 03 minutes 06
seconds West, on the south 
 line of said lot, 74.77 feet to the Point of Beginning; 
 thence
continuing South 84 degrees 03 minutes 06 seconds 
 West, on said south line, 44.50 feet;
thence North 05 
 degrees 56 minutes 54 seconds West, perpendicular to said 
 south line,
5.00 feet; thence North 84 degrees 03 minutes 
 06 seconds East, parallel with said south
line, 44.50 
 feet; thence South 05 degrees 56 minutes 54 seconds East, 
 perpendicular to
said south line, 5.00 feet to the Point 
 of Beginning.

 Said parcel containing 0.005 acre (223 square feet), more 
 or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0008TE-A
Station 118+98.39 To Station 
 120+86.46
 Index No.: 19-09-02-205-034

 Parcel 0008TE-A

 That part of Lot 1 in Speedway Tinley Park Subdivision, 
 being a consolidation of Parcels 1,
2 and 3 in the north 
 half of Section 2, Township 35 North, Range 12 East of the 
 Third
Principal Meridian, according to the plat thereof 
 recorded March 1, 2016, as Document No.
R2016-015413, all 
 in Will County, Illinois bearings and distances based on 
 the Illinois State
Plane Coordinate System, East Zone, NAD 
 83 (2011 Adjustment) with a combined scale
factor of 
 0.9999641157 described as follows:

 Commencing at the northeast corner of said lot; thence 
 South 01 degree 45 minutes 01
seconds East, on the east 
 line of said lot, 235.96 feet to the Point of Beginning; 
 thence
continuing South 01 degree 45 minutes 01 second 
 East, on said east line, 106.00 feet to
an angle point in 
 said east line; thence South 88 degrees 30 minutes 13 
 seconds West, on
said east line, 9.00 feet to an angle 
 point in said east line; thence South 01 degree 45
minutes 
 01 second East, on said east line, 82.11 feet to an angle 
 point in said east line;
thence South 88 degrees 30 
 minutes 13 seconds West, on said east line, 5.00 feet; 
 thence
North 01 degree 45 minutes 01 second West, parallel 
 with said east line, 82.11 feet;
thence South 88 degrees 
 30 minutes 13 seconds West, 10.00 feet; thence North 01

 degree 45 minutes 01 second West, parallel with said east 
 line, 106.00 feet; thence North
88 degrees 14 minutes 59 
 seconds East, 24.00 feet to the Point of Beginning.

 Said parcel containing 0.068 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0008TE-B
Station 115+88.46 To Station 
 116+03.46
 Index No.: 19-09-02-205-034

 Parcel 0008TE-B

 That part of Lot 1 in Speedway Tinley Park Subdivision, 
 being a consolidation of Parcels 1,
2 and 3 in the north 
 half of Section 2, Township 35 North, Range 12 East of the 
 Third
Principal Meridian, according to the plat thereof 
 recorded March 1, 2016, as Document No.
R2016-015413, all 
 in Will County, Illinois bearings and distances based on 
 the Illinois State
Plane Coordinate System, East Zone, NAD 
 83 (2011 Adjustment) with a combined scale
factor of 
 0.9999641157 described as follows:

 Beginning at the southeast corner of said lot; thence 
 South 88 degrees 30 minutes 13
seconds West, on the south 
 line of said lot, 15.00 feet; thence North 43 degrees 22

 minutes 36 seconds East, 21.17 feet to the east line of 
 said lot; thence South 01 degree 45
minutes 01 second 
 East, on said east line, 15.00 feet to the Point of 
 Beginning.

 Said parcel containing 0.003 acre (112 square feet), more 
 or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0009
Station 115+92.91 To Station 122+04.37
 Index No.: 19-09-01-101-009

 Parcel 0009

 That part of Lot 9 in Hickory Creek Corporate Center Unit 
 2, being a subdivision of that part
of the north half of 
 the Northwest Quarter of Section 1, Township 35 North, 
 Range 12 East
of the Third Principal Meridian, according 
 to the plat thereof recorded October 31, 2001 as
Document 
 No. R2001-148202 and amended by Certificate of Correction 
 Numbers R2001-
157981, R2001-161607 and R2001-161608, in 
 Will County, Illinois, bearings and distances
based on the 
 Illinois State Plane Coordinate System, East Zone, NAD 83 
 (2011
Adjustment) with a combined scale factor of 
 0.9999641157 described as follows:

 Beginning at the northwest corner of said lot; thence 
 North 88 degrees 36 minutes 17
seconds East, on the north 
 line of said lot, 15.70 feet; thence South 01 degree 45 
 minutes
01 second East, 575.55 feet to a point 5.00 feet 
 Northeasterly of, as measured
perpendicular to, the 
 southwesterly line of said lot; thence South 46 degrees 35 
 minutes 11
seconds East, parallel with said southwesterly 
 line, 40.81 feet; thence South 00 degrees 00
minutes 00 
 seconds East, 6.88 feet to said southwesterly line; thence 
 North 46 degrees 35
minutes 11 seconds West, on said 
 southwesterly line, 62.92 feet to the west line of said 
 lot;
thence North 01 degree 44 minutes 24 seconds West, on 
 said west line, 566.85 feet to the
Point of Beginning.

 Said parcel containing 0.212 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0009TE-A
Station 115+86.83 To Station 
 115+98.12
 Index No.: 19-09-01-101-009

 Parcel 0009TE-A

 That part of Lot 9 in Hickory Creek Corporate Center Unit 
 2, being a subdivision of that part
of the north half of 
 the Northwest Quarter of Section 1, Township 35 North, 
 Range 12 East
of the Third Principal Meridian, according 
 to the plat thereof recorded October 31, 2001 as
Document 
 No. R2001-148202 and amended by Certificate of Correction 
 Numbers R2001-
157981, R2001-161607 and R2001-161608, in 
 Will County, Illinois, bearings and distances
based on the 
 Illinois State Plane Coordinate System, East Zone, NAD 83 
 (2011
Adjustment) with a combined scale factor of 
 0.9999641157 described as follows:

 Commencing at the southeast corner of said lot; thence 
 South 88 degrees 35 minutes 00
seconds West, 264.49 feet 
 to the Point of Beginning; thence continuing South 88 
 degrees
35 minutes 00 seconds West, on said south line, 
 45.50 feet to the southwesterly line of
said lot; thence 
 North 46 degrees 35 minutes 11 seconds West, 8.21 feet; 
 thence North 00
degrees 00 minutes 00 seconds East, 5.21 
 feet to a point 11.00 feet North of, as measured

 perpendicular to, the south line of said lot; thence North 
 88 degrees 35 minutes 00
seconds East, parallel with said 
 south line, 48.31 feet; thence South 16 degrees 07
minutes 
 24 seconds East, 11.37 feet to the Point of Beginning.

 Said parcel containing 0.012 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0009TE-B
Station 2013+44.28 To Station 
 2013+90.28
 Index No.: 19-09-01-101-009

 Parcel 0009TE-B

 That part of Lot 9 in Hickory Creek Corporate Center Unit 
 2, being a subdivision of that part
of the north half of 
 the Northwest Quarter of Section 1, Township 35 North, 
 Range 12 East
of the Third Principal Meridian, according 
 to the plat thereof recorded October 31, 2001 as
Document 
 No. R2001-148202 and amended by Certificate of Correction 
 Numbers R2001-
157981, R2001-161607 and R2001-161608, in 
 Will County, Illinois, bearings and distances
based on the 
 Illinois State Plane Coordinate System, East Zone, NAD 83 
 (2011
Adjustment) with a combined scale factor of 
 0.9999641157 described as follows:

 Commencing at the southeast corner of said lot; thence 
 South 88 degrees 35 minutes 00
seconds West, on said south 
 line, 35.00 feet to the Point of Beginning; thence 
 continuing
South 88 degrees 35 minutes 00 seconds West, on 
 said south line, 46.00 feet; thence
North 01 degrees 25 
 minutes 00 seconds West, 5.00 feet to the north line of the 
 South
5.00 feet of said lot; thence North 88 degrees 35 
 minutes 00 seconds East, on said north
line, 46.00 feet; 
 thence South 01 degree 25 minutes 00 seconds East, 5.00 
 feet to the
Point of Beginning.

 Said parcel containing 0.005 acre (230 square feet), more 
 or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0010A
Station 122+04.27 To Station 122+34.00
 Index No.: 19-09-01-101-007

 Parcel 0010A

 That part of Lot 10 in Hickory Creek Corporate Center Unit 
 2, being a subdivision of that
part of the north half of 
 the Northwest Quarter of Section 1, Township 35 North, 
 Range 12
East of the Third Principal Meridian, according 
 to the plat thereof recorded October 31,
2001 as Document 
 No. R2001-148202 and amended by Certificate of Correction 
 Numbers
R2001-157981, R2001-161607 and R2001-161608, in 
 Will County, Illinois, bearings and
distances based on the 
 Illinois State Plane Coordinate System, East Zone, NAD 83 
 (2011
Adjustment) with a combined scale factor of 
 0.9999641157 described as follows:

 Beginning at the southwest corner of said lot; thence 
 North 01 degree 48 minutes 13
seconds West, on the west 
 line of said lot, 29.63 feet; thence North 88 degrees 15 
 minutes
04 seconds East, 15.73 feet; thence South 01 
 degree 45 minutes 01 second East, 29.73
feet to the south 
 line of said lot; thence South 88 degrees 36 minutes 17 
 seconds West,
15.70 feet to the Point of Beginning.

 Said parcel containing 0.011 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0010B
Station 122+93.00 To Station 128+25.81
 Index No.: 19-09-01-101-007

 Parcel 0010B

 That part of Lot 10 in Hickory Creek Corporate Center Unit 
 2, being a subdivision of that
part of the north half of 
 the Northwest Quarter of Section 1, Township 35 North, 
 Range 12
East of the Third Principal Meridian, according 
 to the plat thereof recorded October 31,
2001 as Document 
 No. R2001-148202 and amended by Certificate of Correction 
 Numbers
R2001-157981, R2001-161607 and R2001-161608, in 
 Will County, Illinois, bearings and
distances based on the 
 Illinois State Plane Coordinate System, East Zone, NAD 83 
 (2011
Adjustment) with a combined scale factor of 
 0.9999641157 described as follows:

 Commencing at the southwest corner of said lot; thence 
 North 01 degree 48 minutes 13
seconds West, on the west 
 line of said lot, 88.63 feet to the Point of Beginning; 
 thence
continuing North 01 degree 48 minutes 13 seconds 
 West, on said west line, 127.27 feet to
an angle point in 
 said west line; thence North 01 degree 04 minutes 30 
 seconds East, on
said west line, 199.86 feet to an angle 
 point in said west line; thence North 01 degree 42
minutes 
 21 seconds West, on said west line, 156.34 feet to an angle 
 point in said west line;
thence North 43 degrees 31 
 minutes 05 seconds East, on a northwesterly line of said 
 lot,
70.43 feet to the north line of said lot; thence North 
 88 degrees 39 minutes 56 seconds
East, on said north line, 
 613.66 feet; thence South 01 degree 20 minutes 04 seconds 
 East,
perpendicular to said north line, 5.00 feet; thence 
 South 87 degrees 05 minutes 13
seconds West, 232.71 feet; 
 thence South 86 degrees 35 minutes 31 seconds West,
357.63 
 feet; thence South 50 degrees 50 minutes 19 seconds West, 
 56.86 feet; thence
South 07 degrees 02 minutes 04 seconds 
 West, 130.48 feet; thence South 00 degrees 00
minutes 30 
 seconds East, 344.94 feet; thence South 88 degrees 15 
 minutes 04 seconds
West, 7.78 feet to the Point of 
 Beginning.

 Said parcel containing 0.376 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0010TE
Station 122+29.00 To Station 127+72.90
 Index No.: 19-09-01-101-007

 Parcel 0010TE

 That part of Lot 10 in Hickory Creek Corporate Center Unit 
 2, being a subdivision of that
part of the north half of 
 the Northwest Quarter of Section 1, Township 35 North, 
 Range 12
East of the Third Principal Meridian, according 
 to the plat thereof recorded October 31,
2001 as Document 
 No. R2001-148202 and amended by Certificate of Correction 
 Numbers
R2001-157981, R2001-161607 and R2001-161608, in 
 Will County, Illinois, bearings and
distances based on the 
 Illinois State Plane Coordinate System, East Zone, NAD 83 
 (2011
Adjustment) with a combined scale factor of 
 0.9999641157 described as follows:

 Commencing at the southwest corner of said lot; thence 
 North 01 degree 48 minutes 13
seconds West, on the west 
 line of said lot, 29.63 feet to the Point of Beginning; 
 thence
continuing North 01 degree 48 minutes 13 seconds 
 West, on said west line, 59.00 feet;
thence North 88 
 degrees 15 minutes 04 seconds East, 7.78 feet; thence 
 North 00 degree
00 minutes 30 seconds West, 344.94; thence 
 North 07 degrees 02 minutes 04 seconds
East, 130.48 feet; 
 thence North 50 degrees 50 minutes 19 seconds East, 10.14 
 feet;
thence South 01 degree 44 minutes 33 seconds East, 
 72.90 feet; thence South 18 degrees
40 minutes 18 seconds 
 East, 68.68 feet; thence South 01 degree 44 minutes 34 
 seconds
East, 134.29 feet; thence South 13 degrees 46 
 minutes 54 seconds West, 186.82 feet;
thence South 01 
 degree 44 minutes 30 seconds East, 27.00 feet; thence 
 North 88 degrees
15 minutes 04 seconds East, 39.81 feet; 
 thence South 01 degree 48 minutes 13 seconds
East, 64.00 
 feet; thence South 88 degrees 15 minutes 04 seconds West, 
 40.28 feet;
thence North 01 degree 45 minutes 01 second 
 West, 5.00 feet; thence South 88 degrees
15 minutes 04 
 seconds West, 15.73 feet to the Point of Beginning.

 Said parcel containing 0.435 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0011TE
Station 123+22.42 To Station 125+60.84
 Index No.: 19-09-02-205-025

 Parcel 0011TE

 That part of Lot 31 in Tinley Crossings Corporate Center, 
 Phase 3, a resubdivision of part
of the north half of 
 Section 2, Township 35 North, Range 12 East of the Third 
 Principal
Meridian, according to the plat thereof recorded 
 February 27, 2001 as Document No.
R2001-021137, all in 
 Will County, Illinois, bearings and distances based on the 
 Illinois
State Plane Coordinate System, East Zone, NAD 83 
 (2011 Adjustment) with a combined
scale factor of 
 0.9999641157 described as follows:

 Beginning at the southeast corner of said lot, said 
 southeast corner being on the west right
of way line of 
 80th Avenue; thence South 88 degrees 15 minutes 09 seconds 
 West, on a
south line of said lot, 16.00 feet to the west 
 line of the East 16.00 feet of said lot; thence
North 01 
 degree 45 minutes 01 second West, on said west line, 47.30 
 feet; thence North
88 degrees 14 minutes 59 seconds East, 
 12.00 feet to the west line of the East 4.00 feet of
said 
 lot; thence North 01 degree 45 minutes 01 second West, on 
 said west line, 142.42
feet; thence South 88 degrees 14 
 minutes 59 seconds West, 5.00 feet to the west line of
the 
 East 9.00 feet of said lot; thence North 01 degree 45 
 minutes 01 second West, on said
west line, 48.70 feet; 
 thence North 88 degrees 14 minutes 59 seconds East, 9.00 
 feet to
the east line of said lot; thence South 01 degree 
 45 minutes 01 second East, on said east
line, 238.42 feet 
 to the Point of Beginning.

 Said parcel containing 0.041 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0012
Station 126+69.25 To Station 128+28.53
 Index No.: 19-09-02-205-010

 Parcel 0012

 That part of Lot 25 in Tinley Crossings Corporate Center 
 Unit 1, being a subdivision of part
of the North half of 
 Section 2, Township 35 North, Range 12 East of the Third 
 Principal
Meridian, according to the Plat of Subdivision 
 thereof recorded October 16, 1998 as
Document R98-122885, 
 in Will County, Illinois, bearings and distances based on 
 the Illinois
State Plane Coordinate System, East Zone, NAD 
 83 (2011 Adjustment) with a combined
scale factor of 
 0.9999641157 described as follows:

 Commencing at the southeast corner of said lot; thence 
 North 01 degree 45 minutes 01
second West, on the east line 
 of said lot, 98.41 feet to the Point of Beginning; thence

 South 88 degrees 15 minutes 50 seconds West, 6.00 feet; 
 thence North 01 degree 45
minutes 01 second West, parallel 
 with said east line, 31.47 feet to a point of curvature;

 thence Northwesterly, on a 110.00 foot radius curve, 
 concave Southwesterly, 172.12 feet,
the chord of said 
 curve bears North 46 degrees 34 minutes 30 seconds West, 
 155.09 feet
to the south line of the North 17.00 feet of 
 said lot, and to a point of tangency; thence
South 88 
 degrees 35 minutes 58 seconds West, on said south line, 
 119.66 feet; thence
South 01 degree 45 minutes 01 second 
 East, 7.00 feet; thence South 88 degrees 35
minutes 58 
 seconds West, parallel with said north line, 20.00 feet to 
 the west line of said
lot; thence North 01 degree 45 
 minutes 01 second West, on said west line, 24.00 feet to

 the northwest corner of said lot; thence North 88 degrees 
 35 minutes 58 seconds East, on
the north line of said lot, 
 204.99 feet to the northeasterly line of said lot; thence 
 South 46
degrees 34 minutes 31 seconds East, on said 
 northeasterly line, 70.93 feet to the east line
of said 
 lot; thence South 01 degree 45 minutes 01 second East, on 
 said east line, 107.77
feet to the Point of Beginning.

 Said parcel containing 0.152 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0012TE
Station 126+69.25 To Station 128+11.41
 Index No.: 19-09-02-205-010

 Parcel 0012TE

 That part of Lot 25 in Tinley Crossings Corporate Center 
 Unit 1, being a subdivision of part
of the North half of 
 Section 2, Township 35 North, Range 12 East of the Third 
 Principal
Meridian, according to the Plat of Subdivision 
 thereof recorded October 16, 1998 as
Document R98-122885, 
 in Will County, Illinois, bearings and distances based on 
 the Illinois
State Plane Coordinate System, East Zone, NAD 
 83 (2011 Adjustment) with a combined
scale factor of 
 0.9999641157 described as follows:

 Commencing at the southeast corner of said lot; thence 
 North 01 degree 45 minutes 01
second West, on the east line 
 of said lot, 98.41 feet; thence South 88 degrees 15 
 minutes
50 seconds West, 6.00 feet to the Point of 
 Beginning; thence continuing South 88 degrees
15 minutes 
 50 seconds West, 5.00 feet; thence North 01 degree 45 
 minutes 01 second
West, parallel with the east line of 
 said lot, 31.47 feet; thence North 28 degrees 47 minutes

 08 seconds West, 72.92 feet; thence North 57 degrees 01 
 minute 36 seconds West, 57.77
feet to the south line of the 
 North 29.00 feet of said lot; thence South 88 degrees 35

 minutes 58 seconds West, on said south line, 143.37 feet; 
 thence South 01 degree 45
minutes 01 second East, 10.00 
 feet; thence South 88 degrees 35 minutes 58 seconds
West, 
 parallel with the north line of said lot, 20.00 feet to the 
 west line of said lot; thence
North 01 degree 45 minutes 01 
 second West, on said west line, 15.00 feet; thence North

 88 degrees 35 minutes 58 seconds East, parallel with the 
 north line of said lot, 20.00 feet;
thence North 01 degree 
 45 minutes 01 second West, 7.00 feet to the south line of 
 the
North 17.00 feet of said lot; thence North 88 degrees 
 35 minutes 58 seconds East, on said
south line, 119.66 
 feet to a point of curvature; thence Southeasterly, on a 
 110.00 foot
radius curve, concave Southwesterly, 172.12 
 feet, the chord of said curve bears South 46
degrees 34 
 minutes 30 seconds East, 155.09 feet to the west line of 
 the East 6.00 feet of
said lot, and to a point of tangency; 
 thence South 01 degree 45 minutes 01 second East,
on said 
 west line, 31.47 feet to the Point of Beginning.

 Said parcel containing 0.093 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0013
Station 95+54.70 To Station 98+85.07
 Index No.: 19-09-02-205-028

 Parcel 0013

 All common areas in the 8021 Condominium, as delineated on 
 a survey of the following
described real estate: Lot 30 in 
 Tinley Crossings Corporate Center, Phase 3, a

 resubdivision of part of the North half of Section 2, 
 Township 35 North, Range 12 East of
the Third Principal 
 Meridian, according to the plat thereof recorded February 
 27, 2001 as
Document No. R2001-021137, which survey is 
 attached as Exhibit "B" to the Declaration of
Condominium 
 recorded as Document Number R2004-22962, and as amended, 
 all in Will
County, Illinois, bearings and distances based 
 on the Illinois State Plane Coordinate
System, East Zone, 
 NAD 83 (2011 Adjustment) with a combined scale factor of

 0.9999641157 described as follows:

 Beginning at the northeast corner of said Lot 30; thence 
 South 01 degree 45 minutes 01
second East, on the east line 
 of said lot, 24.00 feet to the south line of the North 
 24.00 feet
of said lot; thence South 88 degrees 35 minutes 
 58 seconds West, on said south line,
97.77 feet; thence 
 North 87 degrees 12 minutes 48 seconds West, 136.96 feet; 
 thence
South 89 degrees 41 minutes 13 seconds West, 52.69 
 feet to a point of curvature; thence
Westerly, on a 787.00 
 foot radius curve, concave Southerly, 39.84 feet, the 
 chord of said
curve bears South 87 degrees 08 minutes 58 
 seconds West, 39.83 feet to the west line of
said lot; 
 thence North 01 degree 45 minutes 03 seconds West, on said 
 west line, 13.01
feet to the northwest corner of said lot; 
 thence Easterly, on the north line of said lot, being
an 
 800.00 foot radius curve, concave Southerly, 39.91 feet, 
 the chord of said curve bears
North 87 degrees 10 minutes 
 13 seconds East, 39.91 feet to a point of tangency in said

 north line; thence North 88 degrees 35 minutes 58 seconds 
 East, on said north line, 286.90
feet to the Point of 
 Beginning.

 Said parcel containing 0.142 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0013TE-A
Station 97+87.30 To Station 98+85.18
 Index No.: 19-09-02-205-028

 Parcel 0013TE-A

 All common areas in the 8021 Condominium, as delineated on 
 a survey of the following
described real estate: Lot 30 in 
 Tinley Crossings Corporate Center, Phase 3, a

 resubdivision of part of the North half of Section 2, 
 Township 35 North, Range 12 East of
the Third Principal 
 Meridian, according to the plat thereof recorded February 
 27, 2001 as
Document No. R2001-021137, which survey is 
 attached as Exhibit "B" to the Declaration of
Condominium 
 recorded as Document Number R2004-22962, and as amended, 
 all in Will
County, Illinois, bearings and distances based 
 on the Illinois State Plane Coordinate
System, East Zone, 
 NAD 83 (2011 Adjustment) with a combined scale factor of

 0.9999641157 described as follows:

 Commencing at the northeast corner of said Lot 30; thence 
 South 01 degree 45 minutes 01
second East, on the east line 
 of said lot, 24.00 feet to the Point of Beginning; thence

 continuing South 01 degree 45 minutes 01 second East, on 
 said east line, 15.00 feet;
thence South 88 degrees 35 
 minutes 58 seconds West, parallel with the north line of 
 said
lot, 30.17 feet; thence North 01 degree 24 minutes 02 
 seconds West, 10.00 feet to the
south line of the North 
 29.00 feet of said lot; thence South 88 degrees 35 minutes 
 58
seconds West, on said south line, 67.70 feet; thence 
 North 01 degree 24 minutes 02
seconds West, 5.00 feet to 
 the south line of the North 24.00 feet of said lot; thence 
 North
88 degrees 35 minutes 58 seconds East, on said south 
 line, 97.77 feet to the Point of
Beginning.

 Said parcel containing 0.018 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0013TE-B
Station 95+72.95 To Station 96+39.71
 Index No.: 19-09-02-205-028

 Parcel 0013TE-B

 All common areas in the 8021 Condominium, as delineated on 
 a survey of the following
described real estate: Lot 30 in 
 Tinley Park Crossings Corporate Center, Phase 3, a

 resubdivision of part of the North half of Section 2, 
 Township 35 North, Range 12 East of
the Third Principal 
 Meridian, according to the plat thereof recorded February 
 27, 2001 as
Document No. R2001-021137, which survey is 
 attached as Exhibit "B" to the Declaration of
Condominium 
 recorded as Document Number R2004-22962, and as amended, 
 all in Will
County, Illinois, bearings and distances based 
 on the Illinois State Plane Coordinate
System, East Zone, 
 NAD 83 (2011 Adjustment) with a combined scale factor of

 0.9999641157 described as follows:

 Commencing at the northwest corner of said Lot 30; thence 
 South 01 degree 45 minutes
03 seconds East, on the west 
 line of said lot, 13.01 feet; thence Easterly, on a 787.00 
 foot
radius curve, concave Southerly, 16.92 feet, the 
 chord of said curve bears North 86
degrees 18 minutes 55 
 seconds East, 16.92 feet to the Point of Beginning; thence

 continuing Easterly, on said 787.00 foot radius curve, 
 22.92 feet, the chord of said curve
bears North 87 degrees 
 45 minutes 55 seconds East, 22.92 feet; thence North 89 
 degrees
41 minutes 13 seconds East, 41.67 feet; thence 
 South 01 degree 39 minutes 18 seconds
East, 6.00 feet; 
 thence South 89 degrees 41 minutes 10 seconds West, 41.70 
 feet to a
point of curvature; thence Westerly, on a 781.00 
 foot radius curve, concave Southerly,
22.74 feet, the 
 chord of said curve bears South 87 degrees 45 minutes 55 
 seconds West,
22.74 feet; thence North 03 degrees 04 
 minutes 08 seconds West, 6.00 feet to the Point of

 Beginning.

 Said parcel containing 0.009 acre (387 square feet), more 
 or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0014
Station 93+10.05 To Station 95+55.36
 Index No.: 19-09-02-205-023

 Parcel 0014

 That part of Lot 29 in Tinley Crossings Corporate Center 
 Phase 3, being a subdivision of
part of the North half of 
 Section 2, Township 35 North, Range 12 East of the Third 
 Principal
Meridian, according to the plat thereof recorded 
 February 27, 2001 as Document No.
R2001-021137, all in 
 Will County, Illinois, bearings and distances based on the 
 Illinois
State Plane Coordinate System, East Zone, NAD 83 
 (2011 Adjustment) with a combined
scale factor of 
 0.9999641157 described as follows:

 Beginning at the northeast corner of said Lot 29; thence 
 South 01 degree 45 minutes 03
second East, 13.01 feet to 
 the southerly line of the Northerly 13.00 feet of said 
 lot; thence
Southwesterly, on said southerly line, being a 
 787.00 foot radius curve, concave Southerly,
226.63 feet, 
 the chord of said curve bears South 77 degrees 26 minutes 
 59 seconds West,
225.85 feet; thence North 20 degrees 48 
 minutes 00 seconds West, 13.00 feet to the
northerly line 
 of said lot; thence Northeasterly, on said northerly line, 
 being a 800.00 foot
radius curve, concave Southerly, 
 230.96 feet, the chord of said curve bears North 77

 degrees 28 minutes 14 seconds East, 230.15 feet to the 
 Point of Beginning.

 Said parcel containing 0.068 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0014TE
Station 92+71.20 To Station 93+10.05
 Index No.: 19-09-02-205-023

 Parcel 0014TE

 That part of Lot 29 in Tinley Crossings Corporate Center 
 Phase 3, being a subdivision of
part of the North half of 
 Section 2, Township 35 North, Range 12 East of the Third 
 Principal
Meridian, according to the plat thereof recorded 
 February 27, 2001 as Document No.
R2001-021137, all in 
 Will County, Illinois, bearings and distances based on the 
 Illinois
State Plane Coordinate System, East Zone, NAD 83 
 (2011 Adjustment) with a combined
scale factor of 
 0.9999641157 described as follows:

 Commencing at the northeast corner of said Lot 29; thence 
 Southwesterly, on the northerly
line of said lot, being a 
 800.00 foot radius curve, concave Southerly, 230.96 feet, 
 the chord
of said curve bears South 77 degrees 28 minutes 
 14 seconds West, 230.15 feet to the
Point of Beginning; 
 thence South 20 degrees 48 minutes 00 seconds East, 13.00 
 feet to
the southerly line of the Northerly 13.00 feet of 
 said lot; thence Southwesterly, on said
southerly line, 
 being a 787.00 foot radius curve, concave Southerly, 35.99 
 feet, the chord
of said curve bears South 67 degrees 53 
 minutes 24 seconds West, 35.98 feet; thence
North 23 
 degrees 25 minutes 11 seconds West, 13.00 feet to the 
 northerly line of said lot;
thence Northeasterly, on said 
 northerly line, being a 800.00 foot radius curve, concave

 Southerly, 36.58 feet, the chord of said curve bears North 
 67 degrees 53 minutes 24
seconds East, 36.58 feet to the 
 Point of Beginning.

 Said parcel containing 0.011 acre, more or less. 

 Route: 80th Avenue (CH 83)
 Section: 06-00122-16-FP
 County: Will
 Job No.: R-55-001-97
 Parcel No.: 0015TE
Station 91+38.62 To Station 93+13.16
 Index No.: 19-09-02-204-003

 Parcel 0015TE

 That part of Outlot A in Tinley Crossings Corporate Center 
 Unit 1, being a subdivision of
part of the North half of 
 Section 2, Township 35 North, Range 12 East of the Third 
 Principal
Meridian, according to the plat thereof recorded 
 October 16, 1998 as Document No. R98-
122885, all in Will 
 County, Illinois, bearings and distances based on the 
 Illinois State Plane
Coordinate System, East Zone, NAD 83 
 (2011 Adjustment) with a combined scale factor of

 0.9999641157 described as follows:

 Beginning at the northeast corner of said Outlot A; thence 
 Southwesterly, on the southerly
line of said Outlot A, 
 being a 900.00 foot radius curve, concave Southeasterly, 
 117.40 feet,
the chord of said curve bears South 65 
 degrees 40 minutes 28 seconds West, 117.32 feet
to a point 
 of tangency in said southerly line; thence South 61 
 degrees 56 minutes 15
seconds West, on said southerly 
 line, 63.70 feet; thence North 28 degrees 03 minutes 45

 seconds West, 9.00 feet to the northerly line of the 
 Southerly 9.00 feet of said Outlot A;
thence North 61 
 degrees 56 minutes 15 seconds East, on said northerly 
 line, 63.70 feet to
a point of curvature; thence 
 Northeasterly, on a 909.00 foot radius curve, concave

 Southeasterly, 93.69 feet, the chord of said curve bears 
 North 64 degrees 53 minutes 25
seconds East, 93.65 feet to 
 the north line of said Outlot A; thence North 88 degrees 35

 minutes 58 seconds East, on said north line, 26.35 feet to 
 the Point of Beginning.

 Said parcel containing 0.035 acre, more or less. 
 (b) This Section is repealed April 2, 2024 (3 years after 
the effective
date of Public Act 101-665) this amendatory Act 
of the 101st General Assembly. 

(Source: P.A. 101-665, eff. 4-2-21; revised 11-18-21.)



 (735 ILCS 30/25-5-85)


 (Section scheduled to be repealed on July 9, 2024)
 Sec. 25-5-85 25-5-80. Quick-take; City of Woodstock; 
Madison Street, South Street, and Lake Avenue.
 (a) Quick-take proceedings under Article 20 may be used 
for a period of no more than 2 years after July 9, 2021 (the 
effective date of Public Act 102-53) this amendatory Act of 
the 102nd General Assembly by the City of Woodstock for the 
acquisition of the following described property for the 
purpose of widening the right-of-way proximate to the 
intersection of Madison Street, South Street, and Lake Avenue 
to construct a traffic roundabout:

 That part of the north 47.5 feet of the south 87.5 feet of 
Lots 7 and 8 in Block 18 in the Original Town of Centerville, 
now City of Woodstock, a subdivision of part of the Southwest 
Quarter of Section 5, Township 44 North, Range 7 East of the 
Third Principal Meridian, according to the plat recorded June 
10, 1844, in Book D of Deeds, page 201, in the City of 
Woodstock, McHenry County, Illinois, described as follows 
using bearings as referenced to Illinois State Plane 
Coordinate System, East Zone North American Datum 1983 (2011 
Adjustment):

 Commencing at a 5/8-inch iron pipe found at the southwest 
corner of said Lot 7; thence North 0 degrees 22 minutes 24 
seconds West, 40.00 feet on the west line of said Lot 7 to the 
south line of said north 47.5 feet of the south 87.5 feet of 
Lots 7 and 8 for the Point of Beginning; thence North 89 
degrees 14 minutes 44 seconds East, 15.06 feet along said 
south line; thence northwesterly, 27.31 feet on a curve to the 
right having a radius of 69.42 feet, the chord of said curve 
bears North 34 degrees 05 minutes 52 seconds West, 27.13 feet 
to the aforesaid west line of Lot 7; thence South 0 degrees 22 
minutes 24 seconds East, 22.67 feet along said west line to the 
Point of Beginning.

 Said parcel containing 0.003 acre or 145 square feet, more 
or less.

 ***

 The north 47.5 feet of the south 87.5 feet of Lots 7 and 8 
in Block 18 in the Original Town of Centerville, now City of 
Woodstock, a subdivision of part of the Southwest Quarter of 
Section 5, Township 44 North, Range 7 East of the Third 
Principal Meridian, according to the plat recorded June 10, 
1844, in Book D of Deeds, page 201, situated in the County of 
McHenry, in the State of Illinois, described as follows, using 
bearings as referenced to Illinois State Plane Coordinate 
System, East Zone North American Datum 1983 (2011 Adjustment):

 Commencing at a 5/8-inch iron pipe found at the southwest 
corner of said Lot 7; thence North 0 degrees 22 minutes 24 
seconds West, 62.67 feet along the west line of said Lot 7 to 
the Point of Beginning; thence continuing North 0 degrees 22 
minutes 24 seconds West, 20.41 feet along said west line; 
thence North 89 degrees 42 minutes 37 seconds East, 12.36 
feet; thence South 0 degrees 17 minutes 23 seconds East, 29.21 
feet; thence South 89 degrees 57 minutes 09 seconds East, 
26.25 feet; thence South 0 degrees 10 minutes 38 seconds West, 
13.45 feet to the south line of said 47.5 feet of the south 
87.5 feet of Lots 7 and 8; thence South 89 degrees 14 minutes 
44 seconds West, 23.38 feet along said south line; thence 
northwesterly, 27.31 feet on a curve to the right, having a 
radius of 69.42 feet, the chord of said curve bears North 34 
degrees 05 minutes 52 seconds West, 27.13 feet to the Point of 
Beginning.

 Said temporary easement containing 0.017 acre, more or 
less.

 ***

 The south 40 feet of Lots 7 and 8 in Block 18 in the 
Original Plat of Town of Centerville, now City of Woodstock, a 
subdivision of part of the Southwest Quarter of Section 5, 
Township 44 North, Range 7 East of the Third Principal 
Meridian, according to the plat recorded June 10, 1844, in 
Book D of Deeds, page 201, in the City of Woodstock, McHenry 
County, Illinois.

 Said parcel containing 0.110 acre, more or less.

 ***

 That part of Lot 204 of the Assessor's Plat of Section 8, 
Township 44 North, Range 7 East of the Third Principal 
Meridian described as follows, using bearings as referenced to 
Illinois State Plane Coordinate System, East Zone North 
American Datum 1983 (2011 Adjustment):

 Beginning at the most westerly point of said Lot 204; 
thence South 89 degrees 50 minutes 58 seconds East, 72.00 feet 
along the north line of said Lot 204, said line also being the 
south right-of-way line of East South Street; thence South 22 
degrees 00 minutes 17 seconds West, 47.64 feet to the 
southwesterly line of said Lot 204, said line also being the 
northeasterly right-of-way line of Lake Avenue; thence North 
50 degrees 40 minutes 20 seconds West, 70.00 feet along said 
southwesterly line to the Point of Beginning.

 Said parcel containing 0.036 acre, more or less. 

 (b) This Section is repealed July 9, 2024 (3 years after 
the effective
date of Public Act 102-53) this amendatory Act 
of the 102nd General Assembly. 

(Source: P.A. 102-53, eff. 7-9-21; revised 11-18-21.)




 (735 ILCS 30/25-5-90)


 (Section scheduled to be repealed on August 20, 2024)
 Sec. 25-5-90 25-5-80. Quick-take; Moultrie County; 
Township Road 185A.
 (a) Quick-take proceedings under Article 20 may be used 
for a period of no more than 2 years after August 20, 2021 (the 
effective date of Public Act 102-564) this amendatory Act of 
the 102nd General Assembly by Moultrie County for the 
acquisition of the following described property for the 
purpose of replacing a structure and constructing an 
associated roadway on Township Road 185A:
  A part of the Northeast Quarter of Section 11, 
 Township 12 North, Range 6 East of the Third Principal 
 Meridian located in Moultrie County, Illinois, more 
 particularly described as follows: 
  Commencing at the Southeast corner of the said 
 Northeast Quarter; thence North 88°48'50" West along the 
 South line of said Northeast Quarter, 966.15 feet to the 
 point of beginning; thence North 00°09'24" West, 13.14 
 feet to the centerline of proposed improvement; thence 
 continuing North 00°09'24" West, 30.00 feet to a point 
 being 30 feet distant measured and perpendicular to the 
 North of said centerline; thence North 84°54'18" West, 
 109.25 feet to a point being 40 feet distant measured and 
 perpendicular to and North of said centerline; thence 
 parallel with said centerline 169.29 feet along a circular 
 curve to the right having a chord bearing of North 
 68°09'28" West with a chord length of 165.14 feet and a 
 radius of 220.12 feet; thence parallel with said 
 centerline North 46°09'33" West, 296.16 feet: thence 
 parallel with said centerline 73.65 feet along a circular 
 curve to the left having a chord bearing of North 
 53°10'55" West with a chord length of 73.47 feet and a 
 radius of 300.44 feet to the South line of the North 70 
 acres of the West Half of the said Northeast Quarter; 
 thence North 88°59'47" West along the South line of said 
 North 70 acres, 620.26 feet; thence South 01°25'31" East, 
 29.21 feet to the existing South right-of-way line of the 
 East-West public road; thence South 82°37'17" East, 75.89 
 feet to the point being 30 feet distant measured and 
 perpendicular to the South of the said centerline; thence 
 parallel with said centerline North 88°34'29" East, 100 
 feet; thence South 63°13'29" East, 42.32 feet to a point 
 being 50 feet distant measured and perpendicular to and 
 South of the said centerline; thence parallel with said 
 centerline 109.31 feet along a circular curve to the right 
 having a chord bearing of South 89°44'30" East, with a 
 chord length of 109.29 feet and a radius of 1859.51 feet; 
 thence North 89°05'34" East,100.58 feet to a point being 
 45 feet distant measured and perpendicular to and South of 
 said centerline; thence parallel with said centerline 
 South 88°03'29" East, 54.61 feet; thence parallel with 
 said centerline 157.54 feet along a circular curve to the 
 right having a chord bearing of South 67°06'30" East with 
 a chord length of 165.14 feet and a radius of 220.12 feet,; 
 thence parallel with said centerline South 46°09'33" East, 
 79.94 feet; thence North 43°50'27" East, 5.00 feet to a 
 point being 40 feet distant measured and perpendicular to 
 and South of said centerline; thence parallel with said 
 centerline South 46°09'33" East, 161.15 feet to the West 
 line of Southeast Quarter of said Northeast Quarter; 
 thence South 01°05'23" East along the West line of said 
 Southeast Quarter of the Northeast Quarter, 87.37 feet to 
 the Southwest corner of said Southeast Quarter of the 
 Northeast Quarter; thence Easterly along the South line 
 said Northeast Quarter, 355.8 feet to the point of 
 beginning.

  ALSO,
  A part of the Northeast Quarter of Section 11, 
 Township 12 North, Range 6 East of the Third Principal 
 Meridian located in Moultrie County, Illinois, more 
 particularly described as follows:
  Commencing at the Southeast corner of the said 
 Northeast Quarter; thence North 88°48'50" West along the 
 South line of said Northeast Quarter, 1319.84 feet; thence 
 North 01°11'10" East, 190.97 feet to a point being 40 feet 
 distant measured and perpendicular to and North of the 
 centerline of proposed improvement and the point of 
 beginning; thence North 43°50'27" East, 50.00 feet to a 
 point being 90 feet distant measured and perpendicular to 
 and North of said centerline: thence parallel with said 
 centerline North 46°09'33" West, 120.00 feet; thence South 
 43°50'27" West, 50.00 feet to the proposed right-of-way 
 line of proposed improvement, said point being 40 feet 
 distant measured and perpendicular to and North of said 
 centerline; thence South 46°09'33" East along said 
 proposed right-of-way line, 120.00 feet to the point of 
 beginning.

  ALSO,
  A part of the Northeast Quarter of Section 11, 
 Township 12 North, Range 6 East of the Third Principal 
 Meridian located in Moultrie County, Illinois, more 
 particularly described as follows:
  Commencing at the Southeast corner of the said 
 Northeast Quarter; thence North 88°48'50" West along the 
 South line of said Northeast Quarter, 1351.98 feet; thence 
 North 01°11'10" East, 111.80 feet to the proposed 
 right-of-way line of the proposed improvement, said point 
 being 40 feet distant measured and perpendicular to and 
 South of the centerline of proposed improvement and the 
 point of beginning; thence parallel with said centerline 
 North 46°09'33" West along said proposed right-of-way 
 line, 125.00 feet; thence South 43°50'27" West along said 
 proposed right-of-way line, 5.00 feet to a point being 45 
 feet distant measured and perpendicular to and South of 
 said centerline; thence parallel with said centerline 
 North 46°09'33" West along said proposed right-of-way, 
 25.00 feet; thence South 43°50'27" West. 35.00 feet to a 
 point being 80 feet distant measured and perpendicular to 
 and South of said centerline; thence parallel with said 
 centerline South 46°09'33" East, 150.00 feet; North 
 43°50'27" East, 40.00 feet to the point of beginning.

  ALSO,
  A part of the Northeast Quarter of Section 11, 
 Township 12 North, Range 6 East of the Third Principal 
 Meridian located in Moultrie County, Illinois, more 
 particularly described as follows:
  Commencing at the Southeast corner of the said 
 Northeast Quarter; thence North 88°48'50" West along the 
 South line of said Northeast Quarter, 1527.33 feet; thence 
 North 01°11'30" East, 264.11 feet to the proposed 
 right-of-way line of the proposed improvement, said point 
 being 45 feet distant measured and perpendicular to and 
 South of the centerline of proposed improvement and the 
 point of beginning; thence parallel with said centerline 
 73.33 feet along a circular curve to the left having a 
 chord bearing of North 63°12'22" West with a chord length 
 of 72.94 feet and a radius of 215.44 feet; thence South 
 17°06'20" West, 35.00 feet to a point being 80 feet 
 distant measured and perpendicular to and South of said 
 centerline; thence parallel with said centerline 61.41 
 feet along a circular curve to the right having a chord 
 bearing of South 63°08'38" East with a chord length of 
 61.12 feet and a radius of 180.44 feet; thence North 
 36°36'25" East, 35.00 feet to the point of beginning. 
 (b) This Section is repealed August 20, 2024 (3 years 
after the effective
date of Public Act 102-564) this 
amendatory Act of the 102nd General Assembly. 

(Source: P.A. 102-564, eff. 8-20-21; revised 11-18-21.)




 (735 ILCS 30/25-5-95)


 (Section scheduled to be repealed on August 27, 2023)
 Sec. 25-5-95 25-5-80. Quick-take; City of Decatur; Brush 
College Road.
 (a) Quick-take proceedings under Article 20 may be used 
for a period of one year after August 27, 2021 (the effective 
date of Public Act 102-624) this amendatory Act of the 102nd 
General Assembly by the City of Decatur and Macon County for 
the acquisition of the following described property for the 
purpose of obtaining the necessary right-of-way for the 
construction of a grade separation of Brush College Road over 
Faries Parkway and the Norfolk Southern Railroad in Decatur, 
Illinois.

 PARCEL 57b
 A part of the East 108.9 feet of Lot One (1) of Westlake 
 2nd Addition of Outlots to the City of Decatur, Illinois, 
 per Plat recorded in Book 335, Page 591 of the Records in 
 the Recorder's Office of Macon County, Illinois and 
 described as follows:

 Commencing at an Illinois Department of Transportation 
 Vault found at the northwest corner of Section 8, Township 
 16 North, Range 3 East of the Third Principal Meridian per 
 Monument Record recorded as Document 1894076 of the 
 records aforesaid; thence, along bearings reference to the 
 Illinois State Plane Coordinate System, NAD83 (2011 
 Adjustment), East Zone, North 89 degrees 06 minutes 39 
 seconds East 1204.57 feet, along the north line of the 
 Northwest Quarter of said Section 8; thence South 0 
 degrees 11 minutes 07 seconds East 7.33 feet to the 
 intersection of the west line of the East 108.9 feet of 
 said Lot One (1) with the north line of said Lot One (1) 
 and the Point of Beginning; thence North 87 degrees 53 
 minutes 06 seconds East 108.90 feet, along said north 
 line, also being the existing south right of way line of 
 East Faries Parkway per said Book 335, Page 591, to the 
 northeast corner of said Lot One (1); thence South 0 
 degrees 11 minutes 07 seconds East 389.96 feet, along the 
 east line of said Lot One (1), to the southeast corner of 
 said Lot One (1); thence South 87 degrees 53 minutes 21 
 seconds West 108.90 feet, along the south line of said Lot 
 One (1), also being the existing north right of way line of 
 East Logan Street per said Book 335, Page 591, to the 
 southwest corner of the East 108.9 feet of said Lot One 
 (1); thence North 0 degrees 11 minutes 07 seconds West 
 34.92 feet along the west line of the East 108.9 feet of 
 said Lot One (1); thence North 42 degrees 59 minutes 54 
 seconds East 85.21 feet; thence North 02 degrees 28 
 minutes 18 seconds East 182.00 feet; thence North 33 
 degrees 26 minutes 49 seconds West 88.33 feet; thence 
 South 83 degrees 08 minutes 31 seconds West 18.43 feet to 
 the west line of the East 108.9 feet of said Lot One (1); 
 thence North 0 degrees 11 minutes 07 seconds West 39.38 
 feet, along said west line, to the Point of Beginning. 
 Said parcel contains 0.600 acres, more or less.

 Temporary Construction Easement 
 A part of the East 108.9 feet of Lot One (1) of Westlake 
 2nd Addition of Outlots to the City of Decatur, Illinois, 
 per Plat recorded in Book 335, Page 591 of the Records in 
 the Recorder's Office of Macon County, Illinois and 
 described as follows:

 Commencing at an Illinois Department of Transportation 
 Vault found at the northwest corner of Section 8, Township 
 16 North, Range 3 East of the Third Principal Meridian per 
 Monument Record recorded as Document 1894076 of the 
 records aforesaid; thence, along bearings reference to the 
 Illinois State Plane Coordinate System, NAD83 (2011 
 Adjustment), East Zone, North 89 degrees 06 minutes 39 
 seconds East 1204.57 feet, along the north line of the 
 Northwest Quarter of said Section 8, to the intersection 
 of the northerly extension of the west line of the East 
 108.9 feet of said Lot One (1) with said north line; thence 
 South 0 degrees 11 minutes 07 seconds East 46.71 feet 
 along said northerly extension and said west line; thence 
 North 83 degrees 08 minutes 31 seconds East 18.43 feet; 
 thence South 33 degrees 26 minutes 49 seconds East 12.23 
 feet to the Point of Beginning; thence continue South 33 
 degrees 26 minutes 49 seconds East 41.57 feet; thence 
 North 89 degrees 34 minutes 37 seconds West 23.33 feet; 
 thence North 0 degrees 41 minutes 26 seconds East 34.52 
 feet to the Point of Beginning. Said parcel contains 0.009 
 acres (403 square feet), more or less.

 PARCEL 57a
 A part of the East one half of the West 446.77 feet of the 
 East 1003.67 feet of Lot One (1) and a part of the West 224 
 feet of the East 556.9 feet of Lot One (1) all of Westlake 
 2nd Addition of Outlots to the City of Decatur, Illinois, 
 per Plat recorded in Book 335, Page 591 of the Records in 
 the Recorder's Office of Macon County, Illinois and 
 described as follows:

 Commencing at an Illinois Department of Transportation 
 Vault found at the northwest corner of Section 8, Township 
 16 North, Range 3 East of the Third Principal Meridian per 
 Monument Record recorded as Document 1894076 of the 
 records aforesaid; thence, along bearings reference to the 
 Illinois State Plane Coordinate System, NAD83 (2011 
 Adjustment), East Zone, North 89 degrees 06 minutes 39 
 seconds East 533.51 feet, along the north line of the 
 Northwest Quarter of said Section 8; thence South 0 
 degrees 11 minutes 07 seconds East 36.17 feet to the 
 intersection of the west line of the East one half of the 
 West 446.77 feet of the East 1003.67 feet of said Lot One 
 (1) with the existing south right of way line of East 
 Faries Parkway per Book 2515, Page 103 of the records 
 aforesaid and the Point of Beginning; thence North 81 
 degrees 39 minutes 51 seconds East 16.50 feet along said 
 existing right of way line; thence North 84 degrees 23 
 minutes 14 seconds East 207.86 feet, along said existing 
 right of way line, to intersection of the north line of 
 said Lot One (1) with the west line of the East 556.9 feet 
 of said Lot One (1); thence North 87 degrees 53 minutes 06 
 seconds East 224.00 feet, along said north line, also 
 being the existing south right of way line of East Faries 
 Parkway per said Book 335, Page 591, to the east line of 
 the West 224 feet of the East 556.9 feet of said Lot One 
 (1); thence South 0 degrees 11 minutes 07 seconds East 
 58.03 feet along said east line; thence South 83 degrees 
 08 minutes 31 seconds West 145.41 feet; thence South 86 
 degrees 40 minutes 37 seconds West 208.00 feet; thence 
 South 58 degrees 45 minutes 06 seconds West 110.93 feet to 
 the west line of the East one half of the West 446.77 feet 
 of the East 1003.67 feet of said Lot One (1); thence North 
 0 degrees 11 minutes 07 seconds West 114.00 feet, along 
 said west line, to the Point of Beginning. Said parcel 
 contains 0.743 acres, more or less.

 Temporary Construction Easement 
 A part of the West 224 feet of the East 556.9 feet of Lot 
 One (1) of Westlake 2nd Addition of Outlots to the City of 
 Decatur, Illinois, per Plat recorded in Book 335, Page 591 
 of the Records in the Recorder's Office of Macon County, 
 Illinois and described as follows:

 Commencing at an Illinois Department of Transportation 
 Vault found at the northwest corner of Section 8, Township 
 16 North, Range 3 East of the Third Principal Meridian per 
 Monument Record recorded as Document 1894076 of the 
 records aforesaid; thence, along bearings reference to the 
 Illinois State Plane Coordinate System, NAD83 (2011 
 Adjustment), East Zone, North 89 degrees 06 minutes 39 
 seconds East 533.51 feet, along the north line of the 
 Northwest Quarter of said Section 8, to the intersection 
 of the northerly extension of the west line of the East one 
 half of the West 446.77 feet of the East 1003.67 feet of 
 said Lot One (1) with said north line; thence South 0 
 degrees 11 minutes 07 seconds East 150.17 feet along said 
 northerly extension and said west line; thence North 58 
 degrees 45 minutes 06 seconds East 110.93 feet; thence 
 North 86 degrees 40 minutes 37 seconds East 208.00 feet to 
 the Point of Beginning; thence North 83 degrees 08 minutes 
 31 seconds East 91.78 feet; thence South 2 degrees 02 
 minutes 57 seconds East 5.66 feet; thence South 86 degrees 
 40 minutes 37 seconds West 91.48 feet to the Point of 
 Beginning. Said parcel contains 0.006 acres (259 square 
 feet), more or less.

 PARCEL 39
 Lot 8 of Westlake 2nd Addition of Outlots to the City of 
 Decatur, as per Plat recorded in Book 335, Page 591 of the 
 Records in the Recorder's Office of Macon County, Illinois 
 also known as 1880 North Brush College Road. 

 (b) This Section is repealed August 27, 2023 (2 years 
after the effective date of Public Act 102-624) this 
amendatory Act of the 102nd General Assembly.

(Source: P.A. 102-624, eff. 8-27-21; revised 11-18-21.)


 Section 685. The Illinois Marriage and Dissolution of 
Marriage Act is amended by setting forth and renumbering 
multiple versions of Section 221 as follows:

 (750 ILCS 5/221)
 Sec. 221. Name change on marriage certificate. For a 
person married in any county in this State, the county clerk 
shall issue a new marriage certificate when it receives legal 
documentation indicating that one of the parties listed on the 
certificate has legally changed names. An order for name 
change issued pursuant to Section 21-101 of the Code of Civil 
Procedure shall be the only legal documentation that a county 
clerk may require. The new marriage certificate shall reflect 
the legal name change and shall bear no additional markings.

(Source: P.A. 102-169, eff. 7-27-21.)



 (750 ILCS 5/222)


 Sec. 222 221. Request for changing or removing gender 
identifying language on a marriage certificate.
 (a) Upon completion of an affidavit provided by the county 
clerk and confirmation of identity, a person, still currently 
married, may request a certificate of the person's current 
marriage free of any gender identifying language. The person 
may request a change from terms such as "bride" and "groom" to 
a nongendered term such as "spouse" or a variant of "Spouse 1" 
or "Spouse A". Upon such request, both parties shall be listed 
with a nongendered identifier on a certificate. The request 
shall not permanently change the gender identifying language 
in the clerk's records, and the affidavit and issuance shall 
be kept in the permanent records of the clerk.
 The affidavit shall be created by the county clerk, may 
appear on a combined form with the form under subsection (b), 
and shall be substantially as follows:
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE 
  I, .........., state that I am a named spouse on a 
 marriage license held in this office, that I am still 
 married to the other named spouse on that marriage license 
 as of the date of this request, and hereby request the 
 holder of this record provide me, and only me, with a 
 marriage certificate with any gender-identifying language 
 removed or changed to "spouse". I affirm that this change 
 is for purposes of this certified copy, the change will 
 not be made to permanent records, and a record of this 
 request shall be held by the holder of this marriage 
 record.
 Date..........
 Signature.......... 
 (b) If 2 parties currently married request a marriage 
certificate with gender identifiers changed, such as "bride" 
to "groom" or "groom" to "bride", both parties shall appear 
before the clerk, indicate consent, and complete an affidavit. 
If the clerk is technologically able and the parties desire, 
the change in gender is permanent.
 The affidavit shall be created by the county clerk, may 
appear on a combined form with the form under subsection (a), 
and shall be substantially as follows:
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE 
  We, ..........[Spouse A] and ..........[Spouse B], the 
 still-married named persons on a marriage license held in 
 this office as of the date of this request, hereby request 
 the holder of this record to provide a marriage 
 certificate with gender-identifying terms such as "bride" 
 and "groom" changed as follows:
  ..........[Name of Spouse A] Bride, Groom, or Spouse 
 (select one).
  ..........[Name of Spouse B] Bride, Groom, or Spouse 
 (select one).
  We affirm that this change is for purposes of this 
 certified copy, and the change will not be made to 
 permanent records, unless indicated by selecting Yes or No 
 (select one) and a record of this request shall be held by 
 the holder of this marriage record.
 Date..........
 Signature of Spouse A..........
 Signature of Spouse B.......... 
 (c) If a county provides a certified record, photocopy, or 
reproduction of an original record in lieu of a summary data 
sheet, the county clerk shall work with the Department of 
Public Health to develop a new certificate that can be issued 
in lieu of a reproduction of the prior record. Nothing in this 
subsection authorizes the county clerk to permanently mark or 
deface a prior record in lieu of a summary data sheet 
certificate.
 (d) When a clerk issues a nongendered marriage certificate 
under subsection (a), the certificate shall not include any 
language indicating it has been amended nor that it is not a 
true and accurate record of the facts stated therein.

(Source: P.A. 102-171, eff. 1-1-22; revised 11-18-21.)


 Section 690. The Illinois Domestic Violence Act of 1986 is 
amended by changing Section 301 as follows:




 (750 ILCS 60/301) (from Ch. 40, par. 2313-1)


 (Text of Section before amendment by P.A. 101-652)
 Sec. 301. Arrest without warrant. 

 (a) Any law enforcement officer may
make an arrest without

warrant if the officer has probable cause to believe that the 
person has
committed or is committing any crime, including but 
not limited to
violation of an order of protection, under 
Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the 
Criminal Code of 2012, even if the crime was not committed in 
the presence of the
officer.

 (b) The law enforcement officer may verify the existence 
of an order of
protection by telephone or radio communication 
with his or her law enforcement
agency or by referring to the 
copy of the order, or order of protection described on a Hope 
Card under Section 219.5, provided by the petitioner
or 
respondent.

 (c) Any law enforcement officer may make an arrest without 
warrant if the
officer has reasonable grounds to believe a 
defendant at liberty under
the provisions of subdivision 
(d)(1) or (d)(2) of Section 110-10 of the Code of
Criminal 
Procedure of 1963 has violated a condition of
his or her bail 
bond or recognizance.

(Source: P.A. 102-481, eff. 1-1-22.)

 (Text of Section after amendment by P.A. 101-652)

 Sec. 301. Arrest without warrant. 

 (a) Any law enforcement officer may
make an arrest without

warrant if the officer has probable cause to believe that the 
person has
committed or is committing any crime, including but 
not limited to
violation of an order of protection, under 
Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the 
Criminal Code of 2012, even if the crime was not committed in 
the presence of the
officer.

 (b) The law enforcement officer may verify the existence 
of an order of
protection by telephone or radio communication 
with his or her law enforcement
agency or by referring to the 
copy of the order, or order of protection described on a Hope 
Card under Section 219.5, provided by the petitioner
or 
respondent.

 (c) Any law enforcement officer may make an arrest without 
warrant if the
officer has reasonable grounds to believe a 
defendant at liberty under
the provisions of subdivision 
(d)(1) or (d)(2) of Section 110-10 of the Code of
Criminal 
Procedure of 1963 has violated a condition of
his or her 
pretrial release or recognizance.

(Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22; 
revised 10-14-21.)

 Section 695. The Probate Act of 1975 is amended by 
changing Sections 11a-2, 11a-10, and 11a-17 as follows:




 (755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2)



 Sec. 11a-2. "Person with a disability" defined.) "Person 
with a disability" means a person
18 years or older who (a) 
because of mental deterioration or physical
incapacity is not 
fully able to manage his person or estate, or (b) is a person

with mental illness or a person with a developmental 
disability and who because
of his mental illness or 
developmental disability is not fully able to manage
his 
person or estate, or (c) because of gambling, idleness, 
debauchery, or
excessive use of intoxicants or drugs, so 
spends or wastes his estate as to
expose himself or his family 
to want or suffering, or (d) is diagnosed with fetal alcohol 
syndrome or fetal alcohol effects.

(Source: P.A. 99-143, eff. 7-27-15; revised 11-24-21.)




 (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)



 Sec. 11a-10. Procedures preliminary to hearing. 

 (a) Upon the filing of a petition pursuant to Section 
11a-8, the court shall
set a date and place for hearing to take 
place within 30 days. The court
shall appoint a guardian ad 
litem to report to the court concerning the
respondent's best 
interests consistent with the provisions of this Section,

except that
the appointment of a guardian ad litem shall not be 
required when
the court determines that such appointment is 
not necessary for the protection
of the respondent or a 
reasonably informed decision on the petition.
If the guardian 
ad litem is not a licensed attorney, he or she shall be

qualified,
by
training or experience, to work with or advocate 
for persons with developmental disabilities, the mentally ill, 
persons with physical disabilities, the elderly, or persons 
with a disability due to mental deterioration, depending on 
the type of disability that is
alleged in the petition.
The 
court may allow the guardian ad litem reasonable compensation. 
The
guardian ad litem may consult with a person who by training 
or experience is
qualified to work with persons with a 
developmental disability, persons with
mental illness, persons 
with physical disabilities, or persons with a disability due 
to
mental deterioration, depending on the type of disability 
that is alleged.
The guardian ad litem shall personally 
observe the respondent prior to the
hearing and shall inform

him orally and in writing of the contents of the petition and 
of his rights, including providing a copy of the notice of 
rights required under subsection (e).
The guardian ad litem 
shall also attempt to elicit the respondent's position

concerning the adjudication of disability, the proposed 
guardian, a proposed
change in residential placement, changes 
in care that might result from the
guardianship, and other 
areas of inquiry deemed appropriate by the court.

Notwithstanding any provision in the Mental Health and 
Developmental Disabilities Confidentiality Act or any other 
law, a guardian ad litem shall have the right to inspect and 
copy any medical or mental health record of the respondent 
which the guardian ad litem deems necessary, provided that the 
information so disclosed shall not be utilized for any other 
purpose nor be redisclosed except in connection with the 
proceedings. At or before the hearing, the guardian ad litem 
shall file a written report
detailing his or her observations 
of the respondent, the responses of the
respondent to any of 
the inquiries detailed in this Section, the opinion of the

guardian
ad litem or other professionals with whom the 
guardian ad litem consulted
concerning the appropriateness of 
guardianship, and any other material issue
discovered by the 
guardian ad litem. The guardian ad litem shall appear at the

hearing and testify as to any issues presented in his or her 
report.

 (b) The court (1) may appoint counsel for the respondent, 
if the court finds
that the interests of the respondent will be 
best served by the appointment,
and (2) shall appoint counsel 
upon the respondent's request or if the respondent
takes a 
position adverse to that of the guardian ad litem. The 
respondent
shall be permitted to obtain the appointment of 
counsel either at the hearing
or by any written or oral request 
communicated to the court prior to the
hearing. The summons 
shall inform the respondent of this right to obtain
appointed 
counsel. The court may allow counsel for the respondent 
reasonable
compensation.

 (c) The allocation of guardian ad litem fees and costs is 
within the discretion of the court. No legal fees, appointed 
counsel fees, guardian ad litem fees, or costs shall be 
assessed against the Office of the State Guardian, the public 
guardian, an adult protective services agency, the Department 
of Children and Family Services, or the agency designated by 
the Governor under Section 1 of the Protection and Advocacy 
for Persons with Developmental Disabilities Act.

 (d) The hearing may be held at such convenient place as the 
court directs,
including at a facility in which the respondent 
resides.

 (e) Unless he is the petitioner, the respondent shall be 
personally
served with a copy of the petition and a summons not 
less than 14 days
before the hearing.
The summons shall be 
printed in large, bold type and shall include the
following:

NOTICE OF RIGHTS OF RESPONDENT


 You have been named as a respondent in a guardianship 
petition asking that
you be declared a person with a 
disability. If the court grants the petition, a
guardian will 
be appointed for you. A copy of the guardianship petition is

attached for your convenience.

The date and time of the hearing are:

The place where the hearing will occur is:

The Judge's name and phone number is:

 If a guardian is appointed for you, the guardian may be 
given the right to
make all
important personal decisions for 
you, such as where you may live, what medical
treatment you may 
receive, what places you may visit, and who may visit you. A

guardian may also be given the right to control and manage your 
money and other
property, including your home, if you own one. 
You may lose the right to make
these decisions for yourself.

 You have the following legal rights:

  (1) You have the right to be present at the court 
 hearing.

  (2) You have the right to be represented by a lawyer, 
 either one that you
retain, or one appointed by the Judge.

  (3) You have the right to ask for a jury of six persons 
 to hear your case.

  (4) You have the right to present evidence to the 
 court and to confront
and
cross-examine witnesses.

  (5) You have the right to ask the Judge to appoint an 
 independent expert
to examine you and give an opinion 
 about your need for a guardian.

  (6) You have the right to ask that the court hearing be 
 closed to the
public.

  (7) You have the right to tell the court whom you 
 prefer to have for your
guardian.

  (8) You have the right to ask a judge to find that 
 although you lack some capacity to make your own 
 decisions, you can make other decisions, and therefore it 
 is best for the court to appoint only a limited guardian 
 for you. 
 You do not have to attend the court hearing if you do not 
want to be there.
If you do not attend, the Judge may appoint a 
guardian if the Judge finds that
a guardian would be of benefit 
to you. The hearing will not be postponed or
canceled if you do 
not attend. If you are unable to attend the hearing in person 
or you will suffer harm if you attend, the Judge can decide to 
hold the hearing at a place that is convenient. The Judge can 
also follow the rule of the Supreme Court of this State, or its 
local equivalent, and decide if a video conference is 
appropriate. 

 IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO 
NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE 
PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. 
IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY
OTHER 
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND 
TELL THE
JUDGE.

 Service of summons and the petition may be made by a 
private person 18
years
of
age or over who is not a party to 
the action.

[END OF FORM] .  
 (f) Notice of the time and place of the hearing shall be 
given by the
petitioner by mail or in person to those persons, 
including the proposed
guardian, whose names and addresses

appear in the petition and who do not waive notice, not less 
than 14 days
before the hearing. 

(Source: P.A. 102-72, eff. 1-1-22; 102-191, eff. 1-1-22; 
revised 9-22-21.)




 (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)



 Sec. 11a-17. Duties of personal guardian. 

 (a) To the extent ordered by the court and under the 
direction of the
court, the guardian of the person shall have 
custody of the ward and the
ward's minor and adult dependent 
children and shall procure for them and shall
make provision 
for their support, care, comfort, health, education and

maintenance, and professional services as are appropriate, but 
the ward's
spouse may not be deprived of the custody and 
education of the ward's minor
and adult dependent children, 
without the consent of the spouse, unless the
court finds that 
the spouse is not a fit and competent person to have that

custody and education. The guardian shall assist the ward in 
the
development of maximum self-reliance and independence. The 
guardian of the
person may petition the court for an order 
directing the guardian of the
estate to pay an amount 
periodically for the provision of the services
specified by 
the court order. If the ward's estate is insufficient to

provide for education and the guardian of the ward's person 
fails to
provide education, the court may award the custody of 
the ward to some
other person for the purpose of providing 
education. If a person makes a
settlement upon or provision 
for the support or education of a ward, the
court may make an 
order for the visitation of the ward by the person making
the 
settlement or provision as the court deems proper. A guardian 
of the person may not admit a ward to a mental health facility 
except at the ward's request as provided in Article IV of the 
Mental Health and Developmental Disabilities Code and unless 
the ward has the capacity to consent to such admission as 
provided in Article IV of the Mental Health and Developmental 
Disabilities Code. 

 (a-3) If a guardian of an estate has not been appointed, 
the guardian of the person may, without an order of court, 
open, maintain, and transfer funds to an ABLE account on 
behalf of the ward and the ward's minor and adult dependent 
children as specified under Section 16.6 of the State 
Treasurer Act. 
 (a-5) If the ward filed a petition for dissolution of 
marriage under the
Illinois
Marriage and Dissolution of 
Marriage Act before the ward was adjudicated a
person with a 
disability under this Article, the guardian of the ward's 
person and estate may
maintain that
action for
dissolution of 
marriage on behalf of the ward. Upon petition by the guardian 
of the ward's person or estate, the court may authorize and 
direct a guardian of the ward's person or estate to file a 
petition for dissolution of marriage or to file a petition for 
legal separation or declaration of invalidity of marriage 
under the Illinois Marriage and Dissolution of Marriage Act on 
behalf of the ward if the court finds by clear and convincing 
evidence that the relief sought is in the ward's best 
interests. In making its determination, the court shall 
consider the standards set forth in subsection (e) of this 
Section.
 (a-10) Upon petition by the guardian of the ward's person 
or estate, the court may authorize and direct a guardian of the 
ward's person or estate to consent, on behalf of the ward, to 
the ward's marriage pursuant to Part II of the Illinois 
Marriage and Dissolution of Marriage Act if the court finds by 
clear and convincing evidence that the marriage is in the 
ward's best interests. In making its determination, the court 
shall consider the standards set forth in subsection (e) of 
this Section. Upon presentation of a court order authorizing 
and directing a guardian of the ward's person and estate to 
consent to the ward's marriage, the county clerk shall accept 
the guardian's application, appearance, and signature on 
behalf of the ward for purposes of issuing a license to marry 
under Section 203 of the Illinois Marriage and Dissolution of 
Marriage Act. 

 (b) If the court directs, the guardian of the person shall 
file
with the court at intervals indicated by the court, a 
report that
shall state briefly: (1) the current mental, 
physical, and social
condition of the ward and the ward's 
minor and adult dependent children; (2)
their present living 
arrangement, and a description and the address of
every 
residence where they lived during the reporting period and the 
length
of stay at each place; (3) a summary of the medical, 
educational,
vocational, and other professional services given 
to them; (4) a resume of
the guardian's visits with and 
activities on behalf of the ward and the ward's
minor and adult 
dependent children; (5) a recommendation as to the need for

continued guardianship; (6) any other information requested by 
the court or
useful in the opinion of the guardian. The Office 
of the State Guardian
shall assist the guardian in filing the 
report when requested by the
guardian. The court may take such 
action as it deems appropriate pursuant
to the report.

 (c) Absent court order pursuant to the Illinois Power of 
Attorney Act
directing a guardian to exercise powers of the 
principal under an agency
that survives disability, the 
guardian has no power, duty, or liability
with respect to any 
personal or health care matters covered by the agency.
This 
subsection (c) applies to all agencies, whenever and wherever 
executed.

 (d) A guardian acting as a surrogate decision maker under 
the Health
Care Surrogate Act shall have all the rights of a 
surrogate under that Act
without court order including the 
right to make medical treatment decisions
such as decisions to 
forgo or withdraw life-sustaining treatment.
Any decisions by 
the guardian to forgo or withdraw life-sustaining treatment

that are not authorized under the Health Care Surrogate Act 
shall require a
court order. Nothing in this Section shall 
prevent an agent acting under a
power of attorney for health 
care from exercising his or her authority under
the Illinois 
Power of Attorney Act without further court order, unless a 
court
has acted under Section 2-10 of the Illinois Power of 
Attorney Act. If a
guardian is also a health care agent for the 
ward under a valid power of
attorney for health care, the 
guardian acting as agent may execute his or her
authority 
under that act without further court order.

 (e) Decisions made by a guardian on behalf of a ward shall 
be made in
accordance with the following
standards for 
decision making. The guardian shall consider the ward's 
current preferences to the extent the ward has the ability to 
participate in decision making when those preferences are 
known or reasonably ascertainable by the guardian. Decisions 
by the guardian shall conform to the ward's current 
preferences:
(1) unless the guardian reasonably believes that 
doing
so would result in substantial harm to the ward's 
welfare or personal or financial interests; and
(2) so long as 
such decisions give substantial weight to what the ward, if

competent, would have done or intended under the 
circumstances, taking into
account evidence that includes, but 
is not limited to, the ward's personal,
philosophical, 
religious and moral beliefs, and ethical values relative to 
the
decision to be made by the guardian. Where possible, the 
guardian shall
determine how the ward would have made a 
decision based on the ward's
previously expressed preferences, 
and make decisions in accordance with the
preferences of the 
ward. If the ward's wishes are unknown and remain unknown

after reasonable efforts to discern them, or if the guardian 
reasonably believes that a decision made in conformity with 
the ward's preferences would result in substantial harm to the 
ward's welfare or personal or financial interests, the 
decision shall be made on the
basis of the ward's best 
interests as determined by the guardian. In
determining the 
ward's best interests, the guardian shall weigh the reason for

and nature of the proposed action, the benefit or necessity of 
the action, the
possible risks and other consequences of the 
proposed action, and any available
alternatives and their 
risks, consequences and benefits, and shall take into
account 
any other information, including the views of family and 
friends, that
the guardian believes the ward would have 
considered if able to act for herself
or himself.

 (f) Upon petition by any interested person (including the 
standby or
short-term guardian), with such notice to 
interested persons as the court
directs and a finding by the 
court that it is in the best interests of the
person with a 
disability, the court may terminate or limit the authority of 
a standby or
short-term guardian or may enter such other 
orders as the court deems necessary
to provide for the best 
interests of the person with a disability. The petition
for 
termination or limitation of the authority of a standby or 
short-term
guardian may, but need not, be combined with a 
petition to have another
guardian appointed for the person 
with a disability.
 (g)(1) Unless there is a court order to the contrary, the 
guardian, consistent with the standards set forth in 
subsection (e) of this Section, shall use reasonable efforts 
to notify the ward's known adult children, who have requested 
notification and provided contact information, of the ward's 
admission to a hospital, hospice, or palliative care program, 
the ward's death, and the arrangements for the disposition of 
the ward's remains.
 (2) If a guardian unreasonably prevents an adult child, 
spouse, adult grandchild, parent, or adult sibling of the ward 
from visiting the ward, the court, upon a verified petition, 
may order the guardian to permit visitation between the ward 
and the adult child, spouse, adult grandchild, parent, or 
adult sibling. In making its determination, the court shall 
consider the standards set forth in subsection (e) of this 
Section. The court shall not allow visitation if the court 
finds that the ward has capacity to evaluate and communicate 
decisions regarding visitation and expresses a desire not to 
have visitation with the petitioner. This subsection (g) does 
not apply to duly appointed public guardians or the Office of 
State Guardian.

(Source: P.A. 101-329, eff. 8-9-19; 102-72, eff. 1-1-22; 
102-258, eff. 8-6-21; revised 9-22-21.)


 Section 700. The Real Property Transfer on Death 
Instrument Act is amended by changing Section 5 as follows:

 (755 ILCS 27/5)
 Sec. 5. Definitions. In this Act:
 "Beneficiary" means a person that receives real property 
under a transfer on death instrument.
 "Designated beneficiary" means a person designated to 
receive real property under a transfer on death instrument.
 "Joint owner" means an individual who owns real property 
concurrently with one or more other individuals with a right 
of survivorship. The term includes a joint tenant or a tenant 
by the entirety. The term does not include a tenant in common.
 "Owner" means an individual who owns an interest in real 
property. "Owner" does not include a trustee or an individual 
acting in a fiduciary, representative, or agency capacity who 
holds an interest in real property.
 "Person" means: an individual; a corporation; a business 
trust; a trustee of a land trust, a revocable or irrevocable 
trust, a trust created under a will or under a transfer on 
death instrument; a partnership; a limited liability company; 
an association; a joint venture; a public corporation; a 
government or governmental subdivision; an agency; an 
instrumentality; a guardian; a custodian designated or to be 
designated under any state's uniform transfers to minors act; 
or any other legal entity. inter vivos
 "Real property" means an interest in realty located in 
this State capable of being transferred on the death of the 
owner.
 "Residential real estate" means real property improved 
with not less than one nor more than 4 residential dwelling 
units; a residential condominium unit, including but not 
limited to the common elements allocated to the exclusive use 
thereof that form an integral part of the condominium unit and 
any parking unit or units specified by the declaration to be 
allocated to a specific residential condominium unit; or a 
single tract of agriculture real estate consisting of 40 acres 
or less which is improved with a single family residence. If a 
declaration of condominium ownership provides for individually 
owned and transferable parking units, "residential real 
estate" does not include the parking unit of a specific 
residential condominium unit unless the parking unit is 
included in the legal description of the property being 
transferred by a transfer on death instrument. 
 "Transfer on death instrument" means an instrument 
authorized under this Act.


(Source: P.A. 102-68, eff. 1-1-22; 102-558, eff. 8-20-21; 
revised 10-12-21.)

 Section 705. The Illinois Power of Attorney Act is amended 
by changing Sections 4-6 and 4-10 as follows:



 (755 ILCS 45/4-6) (from Ch. 110 1/2, par. 804-6)



 Sec. 4-6. Revocation and amendment of health care 
agencies. 

 (a) Unless the principal elects a delayed revocation 
period pursuant to subsection (a-5), every health care agency 
may be revoked by the principal at any
time, without regard to 
the principal's mental or physical condition, by
any of the 
following methods:

  1. By being obliterated, burnt, torn, or otherwise 
 destroyed or defaced
in a manner indicating intention to 
 revoke;

  2. By a written revocation of the agency signed and 
 dated by the
principal or person acting at the direction 
 of the principal, regardless of whether the written 
 revocation is in an electronic or hard copy format;

  3. By an oral or any other expression of the intent to 
 revoke the agency
in the presence of a witness 18 years of 
 age or older who signs and dates a
writing confirming that 
 such expression of intent was made; or

  4. For an electronic health care agency, by deleting 
 in a manner indicating the intention to revoke. An 
 electronic health care agency may be revoked 
 electronically using a generic, technology-neutral system 
 in which each user is assigned a unique identifier that is 
 securely maintained and in a manner that meets the 
 regulatory requirements for a digital or electronic 
 signature. Compliance with the standards defined in the 
 Uniform Electronic Transactions Act or the implementing 
 rules of the Hospital Licensing Act for medical record 
 entry authentication for author validation of the 
 documentation, content accuracy, and completeness meets 
 this standard.
 (a-5) A principal may elect a 30-day delay of the 
revocation of the principal's health care agency. If a 
principal makes this election, the principal's revocation 
shall be delayed for 30 days after the principal communicates 
his or her intent to revoke. 
 (b) Every health care agency may be amended at any time by 
a written
amendment signed and dated by the principal or 
person acting at the
direction of the principal.

 (c) Any person, other than the agent, to whom a revocation 
or amendment is
communicated or delivered shall make all 
reasonable efforts to inform the
agent of that fact as 
promptly as possible.

(Source: P.A. 101-163, eff. 1-1-20; 102-38, eff. 6-25-21; 
102-181, eff. 7-30-21; revised 9-22-21.)




 (755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)


 Sec. 4-10. Statutory short form power of attorney for 
health care. 

 (a) The form prescribed in this Section (sometimes also 
referred to in this Act as the
"statutory health care power") 
may be used to grant an agent powers with
respect to the 
principal's own health care; but the statutory health care

power is not intended to be exclusive nor to cover delegation 
of a parent's
power to control the health care of a minor 
child, and no provision of this
Article shall be construed to 
invalidate or bar use by the principal of any
other or

different form of power of attorney for health care. 
Nonstatutory health
care powers must be
executed by the 
principal, designate the agent and the agent's powers, and

comply with the limitations in Section 4-5 of this Article, 
but they need not be witnessed or
conform in any other respect 
to the statutory health care power.
 No specific format is required for the statutory health 
care power of attorney other than the notice must precede the 
form. The statutory health care power may be included in or

combined with any
other form of power of attorney governing 
property or other matters.

 The signature and execution requirements set forth in this 
Article are satisfied by: (i) written signatures or initials; 
or (ii) electronic signatures or computer-generated signature 
codes. Electronic documents under this Act may be created, 
signed, or revoked electronically using a generic, 
technology-neutral system in which each user is assigned a 
unique identifier that is securely maintained and in a manner 
that meets the regulatory requirements for a digital or 
electronic signature. Compliance with the standards defined in 
the Uniform Electronic Transactions Act or the implementing 
rules of the Hospital Licensing Act for medical record entry 
authentication for author validation of the documentation, 
content accuracy, and completeness meets this standard. 
 (b) The Illinois Statutory Short Form Power of Attorney 
for Health Care shall be substantially as follows: 

NOTICE TO THE INDIVIDUAL SIGNING 
  
THE POWER OF ATTORNEY FOR HEALTH CARE 
 No one can predict when a serious illness or accident 
might occur. When it does, you may need someone else to speak 
or make health care decisions for you. If you plan now, you can 
increase the chances that the medical treatment you get will 
be the treatment you want.
 In Illinois, you can choose someone to be your "health 
care agent". Your agent is the person you trust to make health 
care decisions for you if you are unable or do not want to make 
them yourself. These decisions should be based on your 
personal values and wishes.
 It is important to put your choice of agent in writing. The 
written form is often called an "advance directive". You may 
use this form or another form, as long as it meets the legal 
requirements of Illinois. There are many written and online 
on-line resources to guide you and your loved ones in having a 
conversation about these issues. You may find it helpful to 
look at these resources while thinking about and discussing 
your advance directive. 

WHAT ARE THE THINGS I WANT MY 
  
HEALTH CARE AGENT TO KNOW? 
 The selection of your agent should be considered 
carefully, as your agent will have the ultimate 
decision-making authority once this document goes into effect, 
in most instances after you are no longer able to make your own 
decisions. While the goal is for your agent to make decisions 
in keeping with your preferences and in the majority of 
circumstances that is what happens, please know that the law 
does allow your agent to make decisions to direct or refuse 
health care interventions or withdraw treatment. Your agent 
will need to think about conversations you have had, your 
personality, and how you handled important health care issues 
in the past. Therefore, it is important to talk with your agent 
and your family about such things as:
  (i) What is most important to you in your life?
  (ii) How important is it to you to avoid pain and 
 suffering?
  (iii) If you had to choose, is it more important to you 
 to live as long as possible, or to avoid prolonged 
 suffering or disability?
  (iv) Would you rather be at home or in a hospital for 
 the last days or weeks of your life?
  (v) Do you have religious, spiritual, or cultural 
 beliefs that you want your agent and others to consider?
  (vi) Do you wish to make a significant contribution to 
 medical science after your death through organ or whole 
 body donation?
  (vii) Do you have an existing advance directive, such 
 as a living will, that contains your specific wishes about 
 health care that is only delaying your death? If you have 
 another advance directive, make sure to discuss with your 
 agent the directive and the treatment decisions contained 
 within that outline your preferences. Make sure that your 
 agent agrees to honor the wishes expressed in your advance 
 directive. 

WHAT KIND OF DECISIONS CAN MY AGENT MAKE? 
 If there is ever a period of time when your physician 
determines that you cannot make your own health care 
decisions, or if you do not want to make your own decisions, 
some of the decisions your agent could make are to:
  (i) talk with physicians and other health care 
 providers about your condition.
  (ii) see medical records and approve who else can see 
 them.
  (iii) give permission for medical tests, medicines, 
 surgery, or other treatments.
  (iv) choose where you receive care and which 
 physicians and others provide it.
  (v) decide to accept, withdraw, or decline treatments 
 designed to keep you alive if you are near death or not 
 likely to recover. You may choose to include guidelines 
 and/or restrictions to your agent's authority.
  (vi) agree or decline to donate your organs or your 
 whole body if you have not already made this decision 
 yourself. This could include donation for transplant, 
 research, and/or education. You should let your agent know 
 whether you are registered as a donor in the First Person 
 Consent registry maintained by the Illinois Secretary of 
 State or whether you have agreed to donate your whole body 
 for medical research and/or education.
  (vii) decide what to do with your remains after you 
 have died, if you have not already made plans.
  (viii) talk with your other loved ones to help come to 
 a decision (but your designated agent will have the final 
 say over your other loved ones).
 Your agent is not automatically responsible for your 
health care expenses. 

WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT? 
 You can pick a family member, but you do not have to. Your 
agent will have the responsibility to make medical treatment 
decisions, even if other people close to you might urge a 
different decision. The selection of your agent should be done 
carefully, as he or she will have ultimate decision-making 
authority for your treatment decisions once you are no longer 
able to voice your preferences. Choose a family member, 
friend, or other person who: 
  (i) is at least 18 years old;
  (ii) knows you well;
  (iii) you trust to do what is best for you and is 
 willing to carry out your wishes, even if he or she may not 
 agree with your wishes;
  (iv) would be comfortable talking with and questioning 
 your physicians and other health care providers;
  (v) would not be too upset to carry out your wishes if 
 you became very sick; and
  (vi) can be there for you when you need it and is 
 willing to accept this important role. 

WHAT IF MY AGENT IS NOT AVAILABLE OR IS 
  
UNWILLING TO MAKE DECISIONS FOR ME? 
 If the person who is your first choice is unable to carry 
out this role, then the second agent you chose will make the 
decisions; if your second agent is not available, then the 
third agent you chose will make the decisions. The second and 
third agents are called your successor agents and they 
function as back-up agents to your first choice agent and may 
act only one at a time and in the order you list them. 

WHAT WILL HAPPEN IF I DO NOT 
  
CHOOSE A HEALTH CARE AGENT? 
 If you become unable to make your own health care 
decisions and have not named an agent in writing, your 
physician and other health care providers will ask a family 
member, friend, or guardian to make decisions for you. In 
Illinois, a law directs which of these individuals will be 
consulted. In that law, each of these individuals is called a 
"surrogate". 
 There are reasons why you may want to name an agent rather 
than rely on a surrogate:
  (i) The person or people listed by this law may not be 
 who you would want to make decisions for you.
  (ii) Some family members or friends might not be able 
 or willing to make decisions as you would want them to.
  (iii) Family members and friends may disagree with one 
 another about the best decisions.
  (iv) Under some circumstances, a surrogate may not be 
 able to make the same kinds of decisions that an agent can 
 make.

WHAT IF THERE IS NO ONE AVAILABLE 
  
WHOM I TRUST TO BE MY AGENT? 
 In this situation, it is especially important to talk to 
your physician and other health care providers and create 
written guidance about what you want or do not want, in case 
you are ever critically ill and cannot express your own 
wishes. You can complete a living will. You can also write your 
wishes down and/or discuss them with your physician or other 
health care provider and ask him or her to write it down in 
your chart. You might also want to use written or online 
on-line resources to guide you through this process. 

WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT? 
 Follow these instructions after you have completed the 
form: 
  (i) Sign the form in front of a witness. See the form 
 for a list of who can and cannot witness it.
  (ii) Ask the witness to sign it, too.
  (iii) There is no need to have the form notarized.
  (iv) Give a copy to your agent and to each of your 
 successor agents.
  (v) Give another copy to your physician.
  (vi) Take a copy with you when you go to the hospital.
  (vii) Show it to your family and friends and others 
 who care for you. 

WHAT IF I CHANGE MY MIND? 
 You may change your mind at any time. If you do, tell 
someone who is at least 18 years old that you have changed your 
mind, and/or destroy your document and any copies. If you 
wish, fill out a new form and make sure everyone you gave the 
old form to has a copy of the new one, including, but not 
limited to, your agents and your physicians. If you are 
concerned you may revoke your power of attorney at a time when 
you may need it the most, you may initial the box at the end of 
the form to indicate that you would like a 30-day waiting 
period after you voice your intent to revoke your power of 
attorney. This means if your agent is making decisions for you 
during that time, your agent can continue to make decisions on 
your behalf. This election is purely optional, and you do not 
have to choose it. If you do not choose this option, you can 
change your mind and revoke the power of attorney at any time.

WHAT IF I DO NOT WANT TO USE THIS FORM? 
 In the event you do not want to use the Illinois statutory 
form provided here, any document you complete must be executed 
by you, designate an agent who is over 18 years of age and not 
prohibited from serving as your agent, and state the agent's 
powers, but it need not be witnessed or conform in any other 
respect to the statutory health care power. 
 If you have questions about the use of any form, you may 
want to consult your physician, other health care provider, 
and/or an attorney. 

MY POWER OF ATTORNEY FOR HEALTH CARE 


THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY 
FOR HEALTH CARE. (You must sign this form and a witness must 
also sign it before it is valid) 

My name (Print your full name):..........
My address:..................................................

I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT 
(an agent is your personal representative under state and 
federal law): 
(Agent name).................
(Agent address).............
(Agent phone number).........................................

(Please check box if applicable) .... If a guardian of my 
person is to be appointed, I nominate the agent acting under 
this power of attorney as guardian. 

SUCCESSOR HEALTH CARE AGENT(S) (optional):
 If the agent I selected is unable or does not want to make 
health care decisions for me, then I request the person(s) I 
name below to be my successor health care agent(s). Only one 
person at a time can serve as my agent (add another page if you 
want to add more successor agent names):
..................... 
(Successor agent #1 name, address and phone number)
.......... 
(Successor agent #2 name, address and phone number)

MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
  (i) Deciding to accept, withdraw, or decline treatment 
 for any physical or mental condition of mine, including 
 life-and-death decisions.
  (ii) Agreeing to admit me to or discharge me from any 
 hospital, home, or other institution, including a mental 
 health facility.
  (iii) Having complete access to my medical and mental 
 health records, and sharing them with others as needed, 
 including after I die.
  (iv) Carrying out the plans I have already made, or, 
 if I have not done so, making decisions about my body or 
 remains, including organ, tissue or whole body donation, 
 autopsy, cremation, and burial.
 The above grant of power is intended to be as broad as 
possible so that my agent will have the authority to make any 
decision I could make to obtain or terminate any type of health 
care, including withdrawal of nutrition and hydration and 
other life-sustaining measures. 

I AUTHORIZE MY AGENT TO (please check any one box): 
 .... Make decisions for me only when I cannot make them for 
 myself. The physician(s) taking care of me will determine 
 when I lack this ability.
  (If no box is checked, then the box above shall be 
 implemented.)
OR 
 .... Make decisions for me only when I cannot make them for 
 myself. The physician(s) taking care of me will determine 
 when I lack this ability. Starting now, for the purpose of 
 assisting me with my health care plans and decisions, my 
 agent shall have complete access to my medical and mental 
 health records, the authority to share them with others as 
 needed, and the complete ability to communicate with my 
 personal physician(s) and other health care providers, 
 including the ability to require an opinion of my 
 physician as to whether I lack the ability to make 
 decisions for myself. OR 
 .... Make decisions for me starting now and continuing 
 after I am no longer able to make them for myself. While I 
 am still able to make my own decisions, I can still do so 
 if I want to. 

 The subject of life-sustaining treatment is of particular 
importance. Life-sustaining treatments may include tube 
feedings or fluids through a tube, breathing machines, and 
CPR. In general, in making decisions concerning 
life-sustaining treatment, your agent is instructed to 
consider the relief of suffering, the quality as well as the 
possible extension of your life, and your previously expressed 
wishes. Your agent will weigh the burdens versus benefits of 
proposed treatments in making decisions on your behalf.
 Additional statements concerning the withholding or 
removal of life-sustaining treatment are described below. 
These can serve as a guide for your agent when making decisions 
for you. Ask your physician or health care provider if you have 
any questions about these statements. 

SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR 
WISHES (optional): 
 .... The quality of my life is more important than the 
 length of my life. If I am unconscious and my attending 
 physician believes, in accordance with reasonable medical 
 standards, that I will not wake up or recover my ability to 
 think, communicate with my family and friends, and 
 experience my surroundings, I do not want treatments to 
 prolong my life or delay my death, but I do want treatment 
 or care to make me comfortable and to relieve me of pain. 
 .... Staying alive is more important to me, no matter how 
 sick I am, how much I am suffering, the cost of the 
 procedures, or how unlikely my chances for recovery are. I 
 want my life to be prolonged to the greatest extent 
 possible in accordance with reasonable medical standards. 

SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY: 
 The above grant of power is intended to be as broad as 
possible so that your agent will have the authority to make any 
decision you could make to obtain or terminate any type of 
health care. If you wish to limit the scope of your agent's 
powers or prescribe special rules or limit the power to 
authorize autopsy or dispose of remains, you may do so 
specifically in this form. 
..................................
..............................

My signature:..................
Today's date:................................................

DELAYED REVOCATION 
 .... I elect to delay revocation of this power of attorney 
for 30 days after I communicate my intent to revoke it. 
 .... I elect for the revocation of this power of attorney 
to take effect immediately if I communicate my intent to 
revoke it. 

HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN 
COMPLETE THE SIGNATURE PORTION:
 I am at least 18 years old. (check one of the options 
below):
 .... I saw the principal sign this document, or 
 .... the principal told me that the signature or mark on 
 the principal signature line is his or hers. 
 I am not the agent or successor agent(s) named in this 
document. I am not related to the principal, the agent, or the 
successor agent(s) by blood, marriage, or adoption. I am not 
the principal's physician, advanced practice registered nurse, 
dentist, podiatric physician, optometrist, psychologist, or a 
relative of one of those individuals. I am not an owner or 
operator (or the relative of an owner or operator) of the 
health care facility where the principal is a patient or 
resident.
Witness printed name:............
Witness address:..............
Witness signature:...............
Today's date:................................................


 (c) The statutory short form power of attorney for health 
care (the
"statutory health care power") authorizes the agent 
to make any and all
health care decisions on behalf of the 
principal which the principal could
make if present and under 
no disability, subject to any limitations on the
granted 
powers that appear on the face of the form, to be exercised in 
such
manner as the agent deems consistent with the intent and 
desires of the
principal. The agent will be under no duty to 
exercise granted powers or
to assume control of or 
responsibility for the principal's health care;
but when 
granted powers are exercised, the agent will be required to 
use
due care to act for the benefit of the principal in 
accordance with the
terms of the statutory health care power 
and will be liable
for negligent exercise. The agent may act in 
person or through others
reasonably employed by the agent for 
that purpose
but may not delegate authority to make health 
care decisions. The agent
may sign and deliver all 
instruments, negotiate and enter into all
agreements, and do 
all other acts reasonably necessary to implement the
exercise 
of the powers granted to the agent. Without limiting the

generality of the foregoing, the statutory health care power 
shall include
the following powers, subject to any limitations 
appearing on the face of the form:

  (1) The agent is authorized to give consent to and 
 authorize or refuse,
or to withhold or withdraw consent 
 to, any and all types of medical care,
treatment, or 
 procedures relating to the physical or mental health of 
 the
principal, including any medication program, surgical 
 procedures,
life-sustaining treatment, or provision of 
 food and fluids for the principal.

  (2) The agent is authorized to admit the principal to 
 or discharge the
principal from any and all types of 
 hospitals, institutions, homes,
residential or nursing 
 facilities, treatment centers, and other health care

 institutions providing personal care or treatment for any 
 type of physical
or mental condition. The agent shall have 
 the same right to visit the
principal in the hospital or 
 other institution as is granted to a spouse or
adult child 
 of the principal, any rule of the institution to the 
 contrary
notwithstanding.

  (3) The agent is authorized to contract for any and 
 all types of health
care services and facilities in the 
 name of and on behalf of the principal
and to bind the 
 principal to pay for all such services and facilities,
and 
 to have and exercise those powers over the principal's 
 property as are
authorized under the statutory property 
 power, to the extent the agent
deems necessary to pay 
 health care costs; and
the agent shall not be personally 
 liable for any services or care contracted
for on behalf 
 of the principal.

  (4) At the principal's expense and subject to 
 reasonable rules of the
health care provider to prevent 
 disruption of the principal's health care,
the agent shall 
 have the same right the principal has to examine and copy

 and consent to disclosure of all the principal's medical 
 records that the agent deems
relevant to the exercise of 
 the agent's powers, whether the records
relate to mental 
 health or any other medical condition and whether they are 
 in
the possession of or maintained by any physician, 
 psychiatrist,
psychologist, therapist, hospital, nursing 
 home, or other health care
provider. The authority under 
 this paragraph (4) applies to any information governed by 
 the Health Insurance Portability and Accountability Act of 
 1996 ("HIPAA") and regulations thereunder. The agent 
 serves as the principal's personal representative, as that 
 term is defined under HIPAA and regulations thereunder.

  (5) The agent is authorized: to direct that an autopsy 
 be made pursuant
to Section 2 of the Autopsy Act;
to make a 
 disposition of any
part or all of the principal's body 
 pursuant to the Illinois Anatomical Gift
Act, as now or 
 hereafter amended; and to direct the disposition of the

 principal's remains.
  (6) At any time during which there is no executor or 
 administrator appointed for the principal's estate, the 
 agent is authorized to continue to pursue an application 
 or appeal for government benefits if those benefits were 
 applied for during the life of the principal. 

 (d) A physician may determine that the principal is unable 
to make health care decisions for himself or herself only if 
the principal lacks decisional capacity, as that term is 
defined in Section 10 of the Health Care Surrogate Act.
 (e) If the principal names the agent as a guardian on the 
statutory short form, and if a court decides that the 
appointment of a guardian will serve the principal's best 
interests and welfare, the court shall appoint the agent to 
serve without bond or security. 
(Source: P.A. 101-81, eff. 7-12-19; 101-163, eff. 1-1-20; 
102-38, eff. 6-25-21; 102-181, eff. 7-30-21; revised 9-22-21.)


 Section 710. The Illinois Human Rights Act is amended by 
changing Sections 1-103, 2-105, and 6-101 as follows:

 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
 Sec. 1-103. General definitions.  When used in this Act, 
unless the
context requires otherwise, the term:


 (A) Age. "Age" means the chronological age of a person who 
is at least
40 years old, except with regard to any practice 
described in Section
2-102, insofar as that practice concerns 
training or apprenticeship
programs. In the case of training 
or apprenticeship programs, for the
purposes of Section 2-102, 
"age" means the chronological age of a person
who is 18 but not 
yet 40 years old.


 (B) Aggrieved party. "Aggrieved party" means a person who 
is alleged
or proved to have been injured by a civil rights 
violation or believes he
or she will be injured by a civil 
rights violation under Article 3 that is
about to occur.


 (B-5) Arrest record. "Arrest record" means:
  (1) an arrest not leading to a conviction;
  (2) a juvenile record; or
  (3) criminal history record information ordered 
 expunged, sealed, or impounded under Section 5.2 of the 
 Criminal Identification Act. 
 (C) Charge. "Charge" means an allegation filed with the 
Department
by an aggrieved party or initiated by the 
Department under its
authority.


 (D) Civil rights violation. "Civil rights violation" 
includes and
shall be limited to only those specific acts set 
forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, 
3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 
5A-102, 6-101, 6-101.5, and 6-102 of this Act.


 (E) Commission. "Commission" means the Human Rights 
Commission
created by this Act.


 (F) Complaint. "Complaint" means the formal pleading filed 
by
the Department with the Commission following an 
investigation and
finding of substantial evidence of a civil 
rights violation.


 (G) Complainant. "Complainant" means a person including 
the
Department who files a charge of civil rights violation 
with the Department or
the Commission.


 (G-5) Conviction record. "Conviction record" means 
information indicating that a person has been convicted of a 
felony, misdemeanor or other criminal offense, placed on 
probation, fined, imprisoned, or paroled pursuant to any law 
enforcement or military authority.
 (H) Department. "Department" means the Department of Human 
Rights
created by this Act.


 (I) Disability. 
 (1) "Disability" means a determinable physical or mental

characteristic of a person, including, but not limited to, a 
determinable
physical characteristic which necessitates the 
person's use of a guide,
hearing or support dog, the history of 
such characteristic, or the
perception of such characteristic 
by the person complained against, which
may result from 
disease, injury, congenital condition of birth or
functional 
disorder and which characteristic:


  (a) For purposes of Article 2, is unrelated to the 
 person's ability
to perform the duties of a particular job 
 or position and, pursuant to
Section 2-104 of this Act, a 
 person's illegal use of drugs or alcohol is not a

 disability;


  (b) For purposes of Article 3, is unrelated to the 
 person's ability
to acquire, rent, or maintain a housing 
 accommodation;


  (c) For purposes of Article 4, is unrelated to a 
 person's ability to
repay;


  (d) For purposes of Article 5, is unrelated to a 
 person's ability to
utilize and benefit from a place of 
 public accommodation;


  (e) For purposes of Article 5, also includes any 
 mental, psychological, or developmental disability, 
 including autism spectrum disorders. 
 (2) Discrimination based on disability includes unlawful 
discrimination against an individual because of the 
individual's association with a person with a disability. 
 (J) Marital status. "Marital status" means the legal 
status of being
married, single, separated, divorced, or 
widowed.


 (J-1) Military status. "Military status" means a person's 
status on
active duty in or status as a veteran of the armed 
forces of the United States, status as a current member or 
veteran of any
reserve component of the armed forces of the 
United States, including the United
States Army Reserve, 
United States Marine Corps Reserve, United States Navy

Reserve, United States Air Force Reserve, and United States 
Coast Guard
Reserve, or status as a current member or veteran 
of the Illinois Army National Guard or Illinois Air National

Guard.


 (K) National origin. "National origin" means the place in 
which a
person or one of his or her ancestors was born.


 (K-5) "Order of protection status" means a person's status 
as being a person protected under an order of protection 
issued pursuant to the Illinois Domestic Violence Act of 1986, 
Article 112A of the Code of Criminal Procedure of 1963, the 
Stalking No Contact Order Act, or the Civil No Contact Order 
Act, or an order of protection issued by a court of another 
state. 
 (L) Person. "Person" includes one or more individuals, 
partnerships,
associations or organizations, labor 
organizations, labor unions, joint
apprenticeship committees, 
or union labor associations, corporations, the
State of 
Illinois and its instrumentalities, political subdivisions, 
units
of local government, legal representatives, trustees in 
bankruptcy
or receivers.


 (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, 
or medical or common conditions related to pregnancy or 
childbirth. 
 (M) Public contract. "Public contract" includes every 
contract to which the
State, any of its political 
subdivisions, or any municipal corporation is a
party.


 (N) Religion. "Religion" includes all aspects of religious 
observance
and practice, as well as belief, except that with 
respect to employers, for
the purposes of Article 2, 
"religion" has the meaning ascribed to it in
paragraph (F) of 
Section 2-101.


 (O) Sex. "Sex" means the status of being male or female.


 (O-1) Sexual orientation. "Sexual orientation" means 
actual or
perceived heterosexuality, homosexuality, 
bisexuality, or gender-related identity,
whether or not 
traditionally associated with the person's designated sex at

birth. "Sexual orientation" does not include a physical or 
sexual attraction to a minor by an adult.

 (P) Unfavorable military discharge. "Unfavorable military 
discharge"
includes discharges from the Armed Forces of the 
United States, their
Reserve components, or any National Guard 
or Naval Militia which are
classified as RE-3 or the 
equivalent thereof, but does not include those
characterized 
as RE-4 or "Dishonorable".


 (Q) Unlawful discrimination. "Unlawful discrimination" 
means discrimination
against a person because of his or her 
actual or perceived: race, color, religion, national origin,

ancestry, age, sex, marital status, order of protection 
status, disability, military status, sexual
orientation, 
pregnancy,
or unfavorable
discharge from military service as 
those terms are defined in this Section.


(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 
101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff. 
1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; revised 
9-29-21.)




 (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)



 Sec. 2-105. Equal Employment Opportunities; Affirmative 
Action. 

 (A) Public Contracts. Every party to a public contract and 
every
eligible bidder shall:

  (1) Refrain from unlawful discrimination and 
 discrimination based on
citizenship status in employment 
 and undertake affirmative action to assure
equality of 
 employment opportunity and eliminate the effects of past

 discrimination;

  (2) Comply with the procedures and requirements of the 
 Department's
regulations concerning equal employment 
 opportunities and affirmative action;

  (3) Provide such information, with respect to its 
 employees and
applicants for employment, and assistance as 
 the Department may
reasonably request;

  (4) Have written sexual harassment policies that shall 
 include, at a
minimum, the following information: (i) the 
 illegality of
sexual harassment; (ii) the definition of 
 sexual harassment under State
law; (iii) a description of 
 sexual harassment, utilizing examples; (iv) the
vendor's 
 internal complaint process including penalties; (v) the 
 legal
recourse, investigative, and complaint process 
 available through the
Department and the Commission; (vi) 
 directions on how to contact the
Department and 
 Commission; and (vii) protection against retaliation as

 provided by Sections 6-101 and 6-101.5 of this Act. A copy 
 of the policies shall
be provided to the Department upon 
 request. Additionally, each bidder who submits a bid or 
 offer for a State contract under the Illinois Procurement 
 Code shall have a written copy of the bidder's sexual 
 harassment policy as required under this paragraph (4). A 
 copy of the policy shall be provided to the State agency 
 entering into the contract upon request. 

 (B) State Agencies. Every State executive department, 
State agency,
board, commission, and instrumentality shall:

  (1) Comply with the procedures and requirements of the 
 Department's
regulations concerning equal employment 
 opportunities and affirmative action. ;

  (2) Provide such information and assistance as the 
 Department may request.

  (3) Establish, maintain, and carry out a continuing 
 affirmative action
plan consistent with this Act and the 
 regulations of the Department designed
to promote equal 
 opportunity for all State residents in every aspect of

 agency personnel policy and practice. For purposes of 
 these affirmative
action plans, the race and national 
 origin categories to be included in the
plans are: 
 American Indian or Alaska Native, Asian, Black or African 
 American, Hispanic or Latino, Native Hawaiian or Other 
 Pacific Islander.
  This plan shall
include a current detailed status 
 report:

   (a) indicating, by each position in State service, 
 the number,
percentage, and average salary of 
 individuals employed by race, national
origin, sex and 
 disability, and any other category that the Department 
 may
require by rule;

   (b) identifying all positions in which the 
 percentage of the people
employed by race, national 
 origin, sex and disability, and any other
category 
 that the Department may require by rule, is less than 
 four-fifths of
the percentage of each of those 
 components in the State work force;

   (c) specifying the goals and methods for 
 increasing the percentage
by race, national origin, 
 sex, and disability, and any other category
that the 
 Department may require by rule, in State positions;

   (d) indicating progress and problems toward 
 meeting equal employment
opportunity goals, including, 
 if applicable, but not limited to, Department
of 
 Central Management Services recruitment efforts, 
 publicity, promotions,
and use of options designating 
 positions by linguistic abilities;

   (e) establishing a numerical hiring goal for the 
 employment of
qualified persons with disabilities in 
 the agency as a whole, to be based
on the proportion of 
 people with work disabilities in the Illinois labor

 force as reflected in the most recent employment data 
 made available by the United States Census Bureau.

  (4) If the agency has 1000 or more employees, appoint 
 a full-time Equal
Employment Opportunity officer, subject 
 to the Department's approval, whose
duties shall include:

   (a) Advising the head of the particular State 
 agency with respect to the
preparation of equal 
 employment opportunity programs, procedures, 
 regulations,
reports, and the agency's affirmative 
 action plan.

   (b) Evaluating in writing each fiscal year the 
 sufficiency of the total
agency program for equal 
 employment opportunity and reporting thereon to
the 
 head of the agency with recommendations as to any 
 improvement or
correction in recruiting, hiring or 
 promotion needed, including remedial or
disciplinary 
 action with respect to managerial or supervisory 
 employees who
have failed to cooperate fully or who 
 are in violation of the program.

   (c) Making changes in recruitment, training and 
 promotion programs
and in hiring and promotion 
 procedures designed to eliminate
discriminatory 
 practices when authorized.

   (d) Evaluating tests, employment policies,

 practices, and qualifications
and reporting to the 
 head of the agency and to the Department any policies,

 practices and qualifications that have unequal impact 
 by race, national origin
as required by Department 
 rule, sex, or disability or any other category that

 the Department may require by rule, and to assist in 
 the recruitment of people
in underrepresented 
 classifications. This function shall be performed in

 cooperation with the State Department of Central 
 Management Services.

   (e) Making any aggrieved employee or applicant for 
 employment aware of
his or her remedies under this 
 Act.

   In any meeting, investigation, negotiation, 
 conference, or other
proceeding between a State 
 employee and an Equal Employment Opportunity
officer, 
 a State employee (1) who is not covered by a collective 
 bargaining
agreement and (2) who is the complaining 
 party or the subject of such
proceeding may be 
 accompanied, advised and represented by (1) an 
 attorney
licensed to practice law in the State of 
 Illinois or (2) a representative of an
employee 
 organization whose membership is composed of employees 
 of the State
and of which the employee is a member. A 
 representative of an employee, other
than an attorney, 
 may observe but may not actively participate, or 
 advise the
State employee during the course of such 
 meeting, investigation, negotiation,
conference, or 
 other proceeding. Nothing in this Section shall be

 construed to permit any person who is not licensed to 
 practice law in Illinois
to deliver any legal services 
 or otherwise engage in any activities that would

 constitute the unauthorized practice of law. Any 
 representative of an employee
who is present with the 
 consent of the employee, shall not, during or after

 termination of the relationship permitted by this 
 Section with the State
employee, use or reveal any 
 information obtained during the course of the
meeting, 
 investigation, negotiation, conference, or other 
 proceeding without the
consent of the complaining 
 party and any State employee who is the subject of
the 
 proceeding and pursuant to rules and regulations 
 governing confidentiality
of such information as 
 promulgated by the appropriate State agency.

 Intentional or reckless disclosure of information in 
 violation of these
confidentiality requirements shall 
 constitute a Class B misdemeanor.

  (5) Establish, maintain, and carry out a continuing 
 sexual harassment
program that shall include the 
 following:

   (a) Develop a written sexual harassment policy 
 that includes at a
minimum the following information: 
 (i) the illegality of sexual harassment;
(ii) the 
 definition of sexual harassment under State law; (iii) 
 a
description of sexual harassment, utilizing 
 examples; (iv) the agency's
internal complaint process 
 including penalties; (v) the legal recourse,

 investigative, and complaint process available through 
 the Department and
the Commission; (vi) directions on 
 how to contact the Department and
Commission; and 
 (vii) protection against retaliation as provided by 
 Section
6-101 of this Act. The policy shall be 
 reviewed annually.

   (b) Post in a prominent and accessible location 
 and distribute in a
manner to assure notice to all 
 agency employees without exception the
agency's sexual 
 harassment policy. Such documents may meet, but shall 
 not
exceed, the 6th grade literacy level. Distribution 
 shall be effectuated within
90 days of the effective 
 date of this amendatory Act of 1992 and shall occur

 annually thereafter.

   (c) Provide training on sexual harassment 
 prevention and the
agency's sexual harassment policy 
 as a component of all ongoing or new
employee training 
 programs.

  (6) Notify the Department 30 days before effecting any 
 layoff. Once
notice is given, the following shall occur:

   (a) No layoff may be effective
earlier than 10 
 working days after
notice to the Department, unless an

 emergency layoff situation exists.

   (b) The State executive department, State agency, 
 board, commission,
or instrumentality in which the 
 layoffs are to occur must
notify each employee 
 targeted for layoff, the employee's union

 representative (if applicable), and the State 
 Dislocated Worker Unit at the
Department of Commerce 
 and Economic Opportunity.

   (c) The State executive department, State agency, 
 board, commission,
or instrumentality in
which the 
 layoffs are to occur must conform to applicable 
 collective
bargaining agreements.

   (d) The State executive department, State agency, 
 board, commission, or
instrumentality in which the 
 layoffs are to occur should notify each employee

 targeted for layoff that transitional assistance may 
 be available to him or her
under the Economic 
 Dislocation and Worker Adjustment Assistance Act

 administered by the Department of Commerce and 
 Economic Opportunity. Failure to
give such notice 
 shall not invalidate the layoff or postpone its 
 effective
date.

  As used in this subsection (B), "disability" shall be 
defined in
rules promulgated under the Illinois Administrative

Procedure Act.

 (C) Civil Rights Violations. It is a civil rights 
violation for any
public contractor or eligible bidder to:

  (1) fail to comply with the public contractor's or 
 eligible bidder's
duty to refrain from unlawful 
 discrimination and discrimination based on
citizenship 
 status in employment under subsection (A)(1) of this 
 Section; or

  (2) fail to comply with the public contractor's or 
 eligible bidder's
duties of affirmative action under 
 subsection (A) of this Section, provided
however, that the

 Department has notified the public contractor or eligible 
 bidder in writing
by certified mail that the public 
 contractor or eligible bidder may not be
in compliance 
 with affirmative action requirements of subsection (A). A

 minimum
of 60 days to comply with the requirements shall 
 be afforded to the public
contractor or eligible bidder 
 before the Department may issue formal notice of

 non-compliance.

 (D) As used in this Section: 
  (1) "American Indian or Alaska Native" means a person 
 having origins in any of the original peoples of North and 
 South America, including Central America, and who 
 maintains tribal affiliation or community attachment.
  (2) "Asian" means a person having origins in any of 
 the original peoples of the Far East, Southeast Asia, or 
 the Indian subcontinent, including, but not limited to, 
 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, 
 the Philippine Islands, Thailand, and Vietnam.
  (3) "Black or African American" means a person having 
 origins in any of the black racial groups of Africa.
  (4) "Hispanic or Latino" means a person of Cuban, 
 Mexican, Puerto Rican, South or Central American, or other 
 Spanish culture or origin, regardless of race.
  (5) "Native Hawaiian or Other Pacific Islander" means 
 a person having origins in any of the original peoples of 
 Hawaii, Guam, Samoa, or other Pacific Islands.
(Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22; 
revised 9-22-21.)


 (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)

 Sec. 6-101. Additional civil rights violations under 
Articles 2, 4, 5, and 5A. It is a civil rights
violation for a 
person, or for 2 or more persons, to conspire, to:


  (A) Retaliation. Retaliate against a person because he 
 or she has
opposed that which he or she reasonably and in 
 good faith believes to be
unlawful discrimination, sexual 
 harassment in employment, sexual
harassment in elementary, 
 secondary, and higher
education, or discrimination based 
 on arrest record, or citizenship status, or work 
 authorization status
in employment under Articles 2, 4, 5, 
 and 5A, because he or she has made a charge, filed a 
 complaint,
testified, assisted, or participated in an 
 investigation, proceeding, or
hearing under this Act, or 
 because he or she has requested, attempted to request, 
 used, or attempted to use a reasonable accommodation as 
 allowed by this Act;


  (B) Aiding and Abetting; Coercion. Aid, abet, compel, 
 or coerce a
person to commit any violation of this Act;


  (C) Interference. Wilfully interfere with the 
 performance of a duty
or the exercise of a power by the 
 Commission or one of its members or
representatives or the 
 Department or one of its officers or employees.


 Definitions. For the purposes of this Section, "sexual

harassment", "citizenship status", and "work authorization 
status" shall have the same meaning as defined in
Section 
2-101 of this Act.


(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; 
revised 10-12-21.)


 Section 715. The Human Trafficking Resource Center Notice 
Act is amended by changing Section 5 as follows:



 (775 ILCS 50/5)



 Sec. 5. Posted notice required. 
 (a) Each of the following businesses and other 
establishments shall, upon the availability of the model 
notice described in Section 15 of this Act, post a notice that 
complies with the requirements of this Act in a conspicuous 
place near the public entrance of the establishment, in all

restrooms open to the public, or in another conspicuous 
location in clear view of the public and employees where 
similar notices are customarily posted:
  (1) On premise consumption retailer licensees under 
 the Liquor Control Act of 1934 where the sale of alcoholic 
 liquor is the principal
business carried on by the 
 licensee at the premises and primary to the
sale of food.
  (2) Adult entertainment facilities, as defined in 
 Section 5-1097.5 of the Counties Code.
  (3) Primary airports, as defined in Section 47102(16) 
 of Title 49 of the United States Code.
  (4) Intercity passenger rail or light rail stations.
  (5) Bus stations.
  (6) Truck stops. For purposes of this Act, "truck 
 stop" means a privately-owned and operated facility that 
 provides food, fuel, shower or other sanitary facilities, 
 and lawful overnight truck parking.
  (7) Emergency rooms within general acute care 
 hospitals, in which case the notice may be posted by 
 electronic means.
  (8) Urgent care centers, in which case the notice may 
 be posted by electronic means.
  (9) Farm labor contractors. For purposes of this Act, 
 "farm labor contractor" means: (i) any person who for a 
 fee or other valuable consideration recruits, supplies, or 
 hires, or transports in connection therewith, into or 
 within the State, any farmworker not of the contractor's 
 immediate family to work for, or under the direction, 
 supervision, or control of, a third person; or (ii) any 
 person who for a fee or other valuable consideration 
 recruits, supplies, or hires, or transports in connection 
 therewith, into or within the State, any farmworker not of 
 the contractor's immediate family, and who for a fee or 
 other valuable consideration directs, supervises, or 
 controls all or any part of the work of the farmworker or 
 who disburses wages to the farmworker. However, "farm 
 labor contractor" does not include full-time regular 
 employees of food processing companies when the employees 
 are engaged in recruiting for the companies if those 
 employees are not compensated according to the number of 
 farmworkers they recruit.
  (10) Privately-operated job recruitment centers.
  (11) Massage establishments. As used in this Act, 
 "massage establishment" means a place of business in which 
 any method of massage therapy is administered or practiced 
 for compensation. "Massage establishment" does not 
 include: an establishment at which persons licensed under 
 the Medical Practice Act of 1987, the Illinois Physical 
 Therapy Act, or the Naprapathic Practice Act engage in 
 practice under one of those Acts; a business owned by a 
 sole licensed massage therapist; or a cosmetology or 
 esthetics salon registered under the Barber, Cosmetology, 
 Esthetics, Hair Braiding, and Nail Technology Act of 1985.
 (b) The Department of Transportation shall, upon the 
availability of the model notice described in Section 15 of 
this Act, post a notice that complies with the requirements of 
this Act in a conspicuous place near the public entrance of 
each roadside rest area or in another conspicuous location in 
clear view of the public and employees where similar notices 
are customarily posted.

 (c) The owner of a hotel or motel shall, upon the 
availability of the model notice described in Section 15 of 
this Act, post a notice that complies with the requirements of 
this Act in a conspicuous and accessible place in or about the 
premises in clear view of the employees where similar notices 
are customarily posted. 
 (d) The organizer of a public gathering or special event 
that is conducted on property open to the public and requires 
the issuance of a permit from the unit of local government 
shall post a notice that complies with the requirements of 
this Act in a conspicuous and accessible place in or about the 
premises in clear view of the public and employees where 
similar notices are customarily posted.
 (e) The administrator of a public or private elementary 
school or public or private secondary school shall post a 
printout of the downloadable notice provided by the Department 
of Human Services under Section 15 that complies with the 
requirements of this Act in a conspicuous and accessible place 
chosen by the administrator in the administrative office or 
another location in view of school employees. School districts 
and personnel are not subject to the penalties provided under 
subsection (a) of Section 20.
 (f) The owner of an establishment registered under the 
Tattoo and Body Piercing Establishment Registration Act shall 
post a notice that complies with the requirements of this Act 
in a conspicuous and accessible place in clear view of 
establishment employees.
(Source: P.A. 102-4, eff. 4-27-21; 102-131, eff. 1-1-22; 
revised 8-3-21.)

 Section 720. The Business Corporation Act of 1983 is 
amended by changing Sections 8.12 and 15.65 as follows:

 (805 ILCS 5/8.12)
 Sec. 8.12. Female, minority, and LGBTQ directors.
 (a) Findings and purpose. The General Assembly finds that 
women, minorities, and LGBTQ people are still largely 
underrepresented nationally in positions of corporate 
authority, such as serving as a director on a corporation's 
board of directors. This low representation could be 
contributing to the disparity seen in wages made by females 
and minorities versus their white male counterparts. Increased 
representation of these individuals as directors on boards of 
directors for corporations may boost the Illinois economy, 
improve opportunities for women, minorities, and LGBTQ people 
in the workplace, and foster an environment in Illinois where 
the business community is representative of our residents. 
Therefore, it is the intent of the General Assembly to gather 
more data and study this issue within the State so that 
effective policy changes may be implemented to eliminate this 
disparity.
 (b) As used in this Section:
 "Annual report" means the report submitted annually to the 
Secretary of State pursuant to this Act. 
 "Female" means a person who is a citizen or
lawful 
permanent resident of the United States and who 
self-identifies as a woman, without regard to the individual's 
designated sex at birth.
 "Minority person" means a person who is a
citizen or 
lawful permanent resident of the United States and who is any 
of the following races or ethnicities:
  (1) American Indian or Alaska Native (a person
having 
 origins in any of the original peoples of North and South 
 America, including Central America, and who maintains 
 tribal affiliation or community attachment).
  (2) Asian (a person having origins in any of the

 original peoples of the Far East, Southeast Asia, or the 
 Indian subcontinent, including, but not limited to, 
 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, 
 the Philippine Islands, Thailand, and Vietnam). 
  (3) Black or African American (a person having
origins 
 in any of the black racial groups of Africa). Terms such as 
 "Haitian" or "Negro" can be used in addition to "Black" or 
 "African American".
  (4) Hispanic or Latino (a person of Cuban,
Mexican, 
 Puerto Rican, South or Central American, or other Spanish 
 culture or origin, regardless of race).
  (5) Native Hawaiian or Other Pacific Islander (a

 person having origins in any of the original peoples of 
 Hawaii, Guam, Samoa, or other Pacific Islands). 
  (6) "Publicly held domestic or foreign corporation" 
 means a corporation with outstanding shares listed on a 
 major United States stock exchange. 
 (c) Reporting to the Secretary of State. As soon as 
practical after August 27, 2019 (the effective date of Public 
Act 101-589) this amendatory Act of the 101st General 
Assembly, but no later than January 1, 2021, the following 
information shall be provided in a corporation's annual report 
submitted to the Secretary of State under this Act and made 
available by the Secretary of State to the public online as it 
is received: 
  (1) Whether the corporation is a publicly held 
 domestic or foreign corporation with its principal 
 executive office located in Illinois.
  (2) Where the corporation is a publicly held domestic 
 or foreign corporation with its principal executive office 
 located in Illinois, data on specific qualifications, 
 skills, and experience that the corporation considers for 
 its board of directors, nominees for the board of 
 directors, and executive officers. 
  (3) Where the corporation is a publicly held domestic 
 or foreign corporation with its principal executive office 
 located in Illinois, the self-identified gender of each 
 member of its board of directors.
  (4) Where the corporation is a publicly held domestic 
 or foreign corporation with its principal executive office 
 located in Illinois, whether each member of its board of 
 directors self-identifies as a minority person and, if so, 
 which race or ethnicity to which the member belongs.
  (5) Where the corporation is a publicly held domestic 
 or foreign corporation with its principal executive office 
 located in Illinois, the self-identified sexual 
 orientation of each member of its board of directors.
  (6) Where the corporation is a publicly held domestic 
 or foreign corporation with its principal executive office 
 located in Illinois, the self-identified gender identity 
 of each member of its board of directors. 
  (7) 7 Where the corporation is a publicly held 
 domestic or foreign corporation with its principal 
 executive office located in Illinois, a description of the 
 corporation's process for identifying and evaluating 
 nominees for the board of directors, including whether 
 and, if so, how demographic diversity is considered. 
  (8) 8 Where the corporation is a publicly held 
 domestic or foreign corporation with its principal 
 executive office located in Illinois, a description of the 
 corporation's process for identifying and appointing 
 executive officers, including whether and, if so, how 
 demographic diversity is considered.
  (9) 9 Where the corporation is a publicly held 
 domestic or foreign corporation with its principal 
 executive office located in Illinois, a description of the 
 corporation's policies and practices for promoting 
 diversity, equity, and inclusion among its board of 
 directors and executive officers.
 Information reported under this subsection shall be 
updated in each annual report filed with the Secretary of 
State thereafter. 
 (d) Beginning no later than March 1, 2021, and every March 
1 thereafter, the University of Illinois Systems shall review 
the information reported and published under subsection (c) 
and shall publish on its website a report that provides 
aggregate data on the demographic characteristics of the 
boards of directors and executive officers of corporations 
filing an annual report for the preceding year along with an 
individualized rating for each corporation. The report shall 
also identify strategies for promoting diversity and inclusion 
among boards of directors and corporate executive officers.
 (e) The University of Illinois System shall establish a 
rating system assessing the representation of women, 
minorities, and LGBTQ people on corporate boards of directors 
of those corporations that are publicly held domestic or 
foreign corporations with their principal executive office 
located in Illinois based on the information gathered under 
this Section. The rating system shall consider, among other 
things: compliance with the demographic reporting obligations 
in subsection (c); the corporation's policies and practices 
for encouraging diversity in recruitment, board membership, 
and executive appointments; and the demographic diversity of 
board seats and executive positions. 

(Source: P.A. 101-589, eff. 8-27-19; 102-223, eff. 1-1-22; 
revised 11-24-21.)




 (805 ILCS 5/15.65) (from Ch. 32, par. 15.65)


 (Section scheduled to be repealed on December 31, 2024)

 Sec. 15.65. Franchise taxes payable by foreign 
corporations. For the privilege of exercising its authority to 
transact such business
in this State as set out in its 
application therefor or any amendment
thereto, each foreign 
corporation shall pay to the Secretary of State the
following 
franchise taxes, computed on the basis, at the rates and for 
the
periods prescribed in this Act:

  (a) An initial franchise tax at the time of filing its 
 application for
authority to transact business in this 
 State.

  (b) An additional franchise tax at the time of filing 
 (1) a report of
the issuance of additional shares, or (2) a 
 report of an increase in paid-in
capital without the 
 issuance of shares, or (3) a report of cumulative
changes 
 in paid-in capital or a report of an exchange or 
 reclassification
of shares, whenever any such report 
 discloses an increase in its paid-in
capital over the 
 amount thereof last reported in any document, other than

 an annual report, interim annual report or final 
 transition annual report,
required by this Act to be filed 
 in the office of the Secretary of State.

  (c) Whenever the corporation shall be a party to a 
 statutory merger and
shall be the surviving corporation, 
 an additional franchise tax at the time
of filing its 
 report following merger, if such report discloses that the

 amount represented in this State of its paid-in capital 
 immediately after
the merger is greater than the aggregate 
 of the amounts represented in this
State of the paid-in 
 capital of such of the merged corporations as were

 authorized to transact business in this State at the time 
 of the merger, as
last reported by them in any documents, 
 other than annual reports, required
by this Act to be 
 filed in the office of the Secretary of State; and in

 addition, the surviving corporation shall be liable for a 
 further
additional franchise tax on the paid-in capital of 
 each of the merged
corporations as last reported by them 
 in any document, other than an annual
report, required by 
 this Act to be filed with the Secretary
of State, from 
 their taxable year end to the next succeeding anniversary

 month or, in the case of a corporation which has 
 established an extended
filing month, the extended filing 
 month of the surviving corporation;
however if the taxable 
 year ends within the 2-month period immediately
preceding 
 the anniversary month or the extended filing month of the

 surviving corporation, the tax will be computed to the 
 anniversary or,
extended filing month of the surviving 
 corporation in the next succeeding
calendar year.

  (d) An annual franchise tax payable each year with any

 annual report which the corporation is required by this 
 Act to file.

 On or after January 1, 2020 and prior to January 1, 2021, 
the first $30 in liability is exempt from the tax imposed under 
this Section. On or after January 1, 2021, the first $1,000 in 
liability is exempt from the tax imposed under this Section. 
Public Act 101-9
(Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21; 
102-558, eff. 8-20-21; revised 10-21-21.)


 Section 725. The Consumer Fraud and Deceptive Business 
Practices Act is amended by setting forth and renumbering 
multiple versions of Section 2WWW as follows:

 (815 ILCS 505/2WWW)
 Sec. 2WWW. Termination or early cancellation fees for 
deceased persons.
 (a) Subject to federal law and regulation, no provider of 
telephone, cellular telephone, television, Internet, energy, 
medical alert system, or water services shall impose a fee for 
termination or early cancellation of a service contract in the 
event the customer has deceased before the end of the 
contract.
 (b) Every violation of this Section is an unlawful 
practice within the meaning of this Act.

(Source: P.A. 102-112, eff. 1-1-22.)



 (815 ILCS 505/2XXX)


 Sec. 2XXX 2WWW. Disclosure requirements for manufactured 
homes. 
 (a) A lender, or agent of a lending company, when offering 
terms for a mortgage note for the purchase of a manufactured 
home, as defined in the Mobile Home Park Act, that has not been 
caused to be deemed to be real property by satisfying the 
requirements of the Conveyance and Encumbrance of Manufactured 
Homes as Real Property and Severance Act, shall disclose:
  (1) any affiliation between the landlord and the 
 lending company;
  (2) that the loan is a chattel loan;
  (3) that the terms of a chattel loan prohibit 
 refinancing;
  (4) that, depending on where the consumer affixes the 
 manufactured home (be it property owned by the consumer or 
 on certain types of leased land), the manufactured home 
 may qualify as real property under the Conveyance and 
 Encumbrance of Manufactured Homes as Real Property and 
 Severance Act; and
  (5) any other reason that prohibits refinancing. 
 (b) A violation of this Section constitutes an unlawful 
practice within the meaning of this Act.

(Source: P.A. 102-365, eff. 1-1-22; revised 11-12-21.)




 (815 ILCS 505/2YYY)


 Sec. 2YYY 2WWW. Deceptive practices targeting veterans and 
military members.
 (a) As used in this Section:
 "Veteran or military benefits services" means any services 
offered or provided to a veteran, military member, or family 
member who is entitled to receive benefits under federal, 
State, or local law, policy, or practice as a result of, at 
least in part, qualifying military service. Such services 
include assistance in obtaining benefits, increasing benefits, 
or appealing a decision related to obtaining or increasing 
benefits.
 "Veteran's services disclosure" means providing, in upper 
case type in size at least as large as the type size of the 
written communication or by voice-over, the following 
statement: "VETERAN AND MILITARY BENEFITS SERVICES ARE 
AVAILABLE FREE OF CHARGE FROM COUNTY VETERAN SERVICE OFFICERS, 
THE ILLINOIS DEPARTMENT OF VETERANS AFFAIRS, AND FEDERALLY 
CHARTERED VETERAN SERVICE ORGANIZATIONS. TO LEARN MORE, 
CONTACT THESE ORGANIZATIONS OR THE ILLINOIS ATTORNEY GENERAL'S 
OFFICE AT 1-800-382-3000.".
 (b) It is an unlawful practice within the meaning of this 
Act for any person providing veteran or military benefits 
services to:
  (1) Fail in any advertising to conspicuously disclose 
 a veteran's services disclosure when veteran or military 
 benefits services are provided in exchange for a benefit 
 or thing of value.
  (2) Fail to obtain, or to obtain a pending application 
 for, all veteran or military benefits services 
 qualifications, certifications, and accreditations 
 required under State or federal law.
  (3) Fail, when acting as a fiduciary for a veteran 
 receiving benefits, to meet the responsibilities of 
 fiduciaries under 38 CFR 13.140.
  (4) Fail, when providing representation before the 
 United States Department of Veterans Affairs, to meet the 
 standards of conduct under 38 CFR 14.632.
  (5) Charge fees or expenses in violation of 38 CFR 
 14.636 or 14.637.

(Source: P.A. 102-386, eff. 1-1-22; revised 11-12-21.)




 (815 ILCS 505/2ZZZ)


 Sec. 2ZZZ 2WWW. Violations of the Educational Planning 
Services Consumer Protection Act.  Any person who violates the 
Educational Planning Services Consumer Protection Act commits 
an unlawful practice within the meaning of this Act.

(Source: P.A. 102-571, eff. 1-1-22; revised 11-12-21.)


 Section 730. The Prevailing Wage Act is amended by 
changing Section 2 as follows:


 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)



 Sec. 2. This Act applies to the wages of laborers, 
mechanics and
other workers employed in any public works, as 
hereinafter defined, by
any public body and to anyone under 
contracts for public works. This includes any maintenance, 
repair, assembly, or disassembly work performed on equipment 
whether owned, leased, or rented.

 As used in this Act, unless the context indicates 
otherwise:

 "Public works" means all fixed works constructed or 
demolished by
any public body,
or paid for wholly or in part 
out of public funds. "Public works" as
defined herein includes 
all projects financed in whole
or in part with bonds, grants, 
loans, or other funds made available by or through the State or 
any of its political subdivisions, including but not limited 
to: bonds issued under the Industrial Project Revenue Bond
Act 
(Article 11, Division 74 of the Illinois Municipal Code), the 
Industrial
Building Revenue Bond Act, the Illinois Finance 
Authority Act,
the Illinois Sports Facilities Authority Act, 
or the Build Illinois Bond Act; loans or other funds made

available pursuant to the Build Illinois Act; loans or other 
funds made available pursuant to the Riverfront Development 
Fund under Section 10-15 of the River Edge Redevelopment Zone 
Act; or funds from the Fund for
Illinois' Future under Section 
6z-47 of the State Finance Act, funds for school
construction 
under Section 5 of the General Obligation Bond Act, funds

authorized under Section 3 of the School Construction Bond 
Act, funds for
school infrastructure under Section 6z-45 of 
the State Finance Act, and funds
for transportation purposes 
under Section 4 of the General Obligation Bond
Act. "Public 
works" also includes (i) all projects financed in whole or in 
part
with funds from the Environmental Protection Agency under 
the Illinois Renewable Fuels Development Program
Act for which 
there is no project labor agreement; (ii) all work performed 
pursuant to a public private agreement under the Public 
Private Agreements for the Illiana Expressway Act or the 
Public-Private Agreements for the South Suburban Airport Act; 
and (iii) all projects undertaken under a public-private 
agreement under the Public-Private Partnerships for 
Transportation Act. "Public works" also includes all projects 
at leased facility property used for airport purposes under 
Section 35 of the Local Government Facility Lease Act. "Public 
works" also includes the construction of a new wind power 
facility by a business designated as a High Impact Business 
under Section 5.5(a)(3)(E) and the construction of a new 
utility-scale solar power facility by a business designated as 
a High Impact Business under Section 5.5(a)(3)(E-5) of the 
Illinois Enterprise Zone Act.
"Public works" also includes 
electric vehicle charging station projects financed pursuant 
to the Electric Vehicle Act and renewable energy projects 
required to pay the prevailing wage pursuant to the Illinois 
Power Agency Act. "Public works" does not include work done 
directly by any public utility company, whether or not done 
under public supervision or direction, or paid for wholly or 
in part out of public funds. "Public works" also includes 
construction projects performed by a third party contracted by 
any public utility, as described in subsection (a) of Section 
2.1, in public rights-of-way, as defined in Section 21-201 of 
the Public Utilities Act, whether or not done under public 
supervision or direction, or paid for wholly or in part out of 
public funds. "Public works" also includes construction 
projects that exceed 15 aggregate miles of new fiber optic 
cable, performed by a third party contracted by any public 
utility, as described in subsection (b) of Section 2.1, in 
public rights-of-way, as defined in Section 21-201 of the 
Public Utilities Act, whether or not done under public 
supervision or direction, or paid for wholly or in part out of 
public funds. "Public works" also includes any corrective 
action performed pursuant to Title XVI of the Environmental 
Protection Act for which payment from the Underground Storage 
Tank Fund is requested. "Public works" does not include 
projects undertaken by the owner at an owner-occupied 
single-family residence or at an owner-occupied unit of a 
multi-family residence. "Public works" does not include work 
performed for soil and water conservation purposes on 
agricultural lands, whether or not done under public 
supervision or paid for wholly or in part out of public funds, 
done directly by an owner or person who has legal control of 
those lands. 

 "Construction" means all work on public works involving 
laborers,
workers or mechanics. This includes any maintenance, 
repair, assembly, or disassembly work performed on equipment 
whether owned, leased, or rented.

 "Locality" means the county where the physical work upon 
public works
is performed, except (1) that if there is not 
available in the county a
sufficient number of competent 
skilled laborers, workers and mechanics
to construct the 
public works efficiently and properly, "locality"
includes any 
other county nearest the one in which the work or
construction 
is to be performed and from which such persons may be
obtained 
in sufficient numbers to perform the work and (2) that, with

respect to contracts for highway work with the Department of

Transportation of this State, "locality" may at the discretion 
of the
Secretary of the Department of Transportation be 
construed to include
two or more adjacent counties from which 
workers may be accessible for
work on such construction.

 "Public body" means the State or any officer, board or 
commission of
the State or any political subdivision or 
department thereof, or any
institution supported in whole or 
in part by public funds,
and includes every county, city, 
town,
village, township, school district, irrigation, utility, 
reclamation
improvement or other district and every other 
political subdivision,
district or municipality of the state 
whether such political
subdivision, municipality or district 
operates under a special charter
or not.

 "Labor organization" means an organization that is the 
exclusive representative of an
employer's employees recognized 
or certified pursuant to the National Labor Relations Act. 
 The terms "general prevailing rate of hourly wages", 
"general
prevailing rate of wages" or "prevailing rate of 
wages" when used in
this Act mean the hourly cash wages plus 
annualized fringe benefits for training and
apprenticeship 
programs approved by the U.S. Department of Labor, Bureau of

Apprenticeship and Training, health and welfare, insurance, 
vacations and
pensions paid generally, in the
locality in 
which the work is being performed, to employees engaged in

work of a similar character on public works.

(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; 
102-673, eff. 11-30-21; revised 12-9-21.)


 Section 735. The Unemployment Insurance Act is amended by 
changing Section 1900 as follows:



 (820 ILCS 405/1900) (from Ch. 48, par. 640)



 Sec. 1900. Disclosure of information.

 A. Except as provided in this Section, information 
obtained from any
individual or employing unit during the 
administration of this Act shall:

  1. be confidential,

  2. not be published or open to public inspection,

  3. not be used in any court in any pending action or 
 proceeding,

  4. not be admissible in evidence in any action or 
 proceeding other than
one arising out of this Act.

 B. No finding, determination, decision, ruling, or order 
(including
any finding of fact, statement or conclusion made 
therein) issued pursuant
to this Act shall be admissible or 
used in evidence in any action other than
one arising out of 
this Act, nor shall it be binding or conclusive except
as 
provided in this Act, nor shall it constitute res judicata, 
regardless
of whether the actions were between the same or 
related parties or involved
the same facts.

 C. Any officer or employee of this State, any officer or 
employee of any
entity authorized to obtain information 
pursuant to this Section, and any
agent of this State or of 
such entity
who, except with authority of
the Director under 
this Section or as authorized pursuant to subsection P-1, 
shall disclose information shall be guilty
of a Class B 
misdemeanor and shall be disqualified from holding any

appointment or employment by the State.

 D. An individual or his duly authorized agent may be 
supplied with
information from records only to the extent 
necessary for the proper
presentation of his claim for 
benefits or with his existing or prospective
rights to 
benefits. Discretion to disclose this information belongs

solely to the Director and is not subject to a release or 
waiver by the
individual.
Notwithstanding any other provision 
to the contrary, an individual or his or
her duly authorized 
agent may be supplied with a statement of the amount of

benefits paid to the individual during the 18 months preceding 
the date of his
or her request.

 E. An employing unit may be furnished with information, 
only if deemed by
the Director as necessary to enable it to 
fully discharge its obligations or
safeguard its rights under 
the Act. Discretion to disclose this information
belongs 
solely to the Director and is not subject to a release or 
waiver by the
employing unit.

 F. The Director may furnish any information that he may 
deem proper to
any public officer or public agency of this or 
any other State or of the
federal government dealing with:

  1. the administration of relief,

  2. public assistance,

  3. unemployment compensation,

  4. a system of public employment offices,

  5. wages and hours of employment, or

  6. a public works program.

 The Director may make available to the Illinois Workers' 
Compensation Commission
information regarding employers for 
the purpose of verifying the insurance
coverage required under 
the Workers' Compensation Act and Workers'
Occupational 
Diseases Act.

 G. The Director may disclose information submitted by the 
State or any
of its political subdivisions, municipal 
corporations, instrumentalities,
or school or community 
college districts, except for information which
specifically 
identifies an individual claimant.

 H. The Director shall disclose only that information 
required to be
disclosed under Section 303 of the Social 
Security Act, as amended, including:

  1. any information required to be given the United 
 States Department of
Labor under Section 303(a)(6); and

  2. the making available upon request to any agency of 
 the United States
charged with the administration of 
 public works or assistance through
public employment, the 
 name, address, ordinary occupation, and employment
status 
 of each recipient of unemployment compensation, and a 
 statement of
such recipient's right to further 
 compensation under such law as required
by Section 
 303(a)(7); and

  3. records to make available to the Railroad 
 Retirement Board as
required by Section 303(c)(1); and

  4. information that will assure reasonable cooperation 
 with every agency
of the United States charged with the 
 administration of any unemployment
compensation law as 
 required by Section 303(c)(2); and

  5. information upon request and on a reimbursable 
 basis to the United
States Department of Agriculture and 
 to any State food stamp agency
concerning any information 
 required to be furnished by Section 303(d); and

  6. any wage information upon request and on a 
 reimbursable basis
to any State or local child support 
 enforcement agency required by
Section 303(e); and

  7. any information required under the income 
 eligibility and
verification system as required by Section 
 303(f); and

  8. information that might be useful in locating an 
 absent parent or that
parent's employer, establishing 
 paternity or establishing, modifying, or
enforcing child 
 support orders
for the purpose of a child support 
 enforcement program
under Title IV of the Social Security 
 Act upon the request of
and on a reimbursable basis to
the 
 public
agency administering the Federal Parent Locator 
 Service as required by
Section 303(h); and

  9. information, upon request, to representatives of 
 any federal, State,
or local governmental public housing 
 agency with respect to individuals who
have signed the 
 appropriate consent form approved by the Secretary of 
 Housing
and Urban Development and who are applying for or 
 participating in any housing
assistance program 
 administered by the United States Department of Housing 
 and
Urban Development as required by Section 303(i).

 I. The Director, upon the request of a public agency of 
Illinois, of the
federal government, or of any other state 
charged with the investigation or
enforcement of Section 10-5 
of the Criminal Code of 2012 (or a similar
federal law or 
similar law of another State), may furnish the public agency

information regarding the individual specified in the request 
as to:

  1. the current or most recent home address of the 
 individual, and

  2. the names and addresses of the individual's 
 employers.

 J. Nothing in this Section shall be deemed to interfere 
with the
disclosure of certain records as provided for in 
Section 1706 or with the
right to make available to the 
Internal Revenue Service of the United
States Department of 
the Treasury, or the Department of Revenue of the
State of 
Illinois, information obtained under this Act. With respect to 
each benefit claim that appears to have been filed other than 
by the individual in whose name the claim was filed or by the 
individual's authorized agent and with respect to which 
benefits were paid during the prior calendar year, the 
Director shall annually report to the Department of Revenue 
information that is in the Director's possession and may 
assist in avoiding negative income tax consequences for the 
individual in whose name the claim was filed. 

 K. The Department shall make available to the Illinois 
Student Assistance
Commission, upon request, information in 
the possession of the Department that
may be necessary or 
useful to the
Commission in the collection of defaulted or 
delinquent student loans which
the Commission administers.

 L. The Department shall make available to the State 
Employees'
Retirement System, the State Universities 
Retirement System, the
Teachers' Retirement System of the 
State of Illinois, and the Department of Central Management 
Services, Risk Management Division, upon request,
information 
in the possession of the Department that may be necessary or 
useful
to the System or the Risk Management Division for the 
purpose of determining whether any recipient of a
disability 
benefit from the System or a workers' compensation benefit 
from the Risk Management Division is gainfully employed.

 M. This Section shall be applicable to the information 
obtained in the
administration of the State employment 
service, except that the Director
may publish or release 
general labor market information and may furnish
information 
that he may deem proper to an individual, public officer, or

public agency of this or any other State or the federal 
government (in
addition to those public officers or public 
agencies specified in this
Section) as he prescribes by Rule.

 N. The Director may require such safeguards as he deems 
proper to insure
that information disclosed pursuant to this 
Section is used only for the
purposes set forth in this 
Section.

 O. Nothing in this Section prohibits communication with an 
individual or entity through unencrypted e-mail or other 
unencrypted electronic means as long as the communication does 
not contain the individual's or entity's name in combination 
with any one or more of the individual's or entity's entire or 
partial social security number; driver's license or State 
identification number; credit or debit card number; or any 
required security code, access code, or password that would 
permit access to further information pertaining to the 
individual or entity.

 P. (Blank).
 P-1. With the express written consent of a claimant or

employing unit and an agreement not to publicly disclose, the 
Director shall provide requested information related to a 
claim
to an elected official performing constituent services 
or his or her agent. 

 Q. The Director shall make available to an elected federal

official the name and address of an individual or entity that 
is located within
the jurisdiction from which the official was 
elected and that, for the most
recently completed calendar 
year, has reported to the Department as paying
wages to 
workers, where the information will be used in connection with 
the
official duties of the official and the official requests 
the information in
writing, specifying the purposes for which 
it will be used.
For purposes of this subsection, the use of 
information in connection with the
official duties of an 
official does not include use of the information in
connection 
with the solicitation of contributions or expenditures, in 
money or
in kind, to or on behalf of a candidate for public or 
political office or a
political party or with respect to a 
public question, as defined in Section 1-3
of the Election 
Code, or in connection with any commercial solicitation. Any

elected federal official who, in submitting a request for 
information
covered by this subsection, knowingly makes a 
false statement or fails to
disclose a material fact, with the 
intent to obtain the information for a
purpose not authorized 
by this subsection, shall be guilty of a Class B
misdemeanor.

 R. The Director may provide to any State or local child 
support
agency, upon request and on a reimbursable basis, 
information that might be
useful in locating an absent parent 
or that parent's employer, establishing
paternity, or 
establishing, modifying, or enforcing child support orders.

 S. The Department shall make available to a State's 
Attorney of this
State or a State's Attorney's investigator,

upon request, the current address or, if the current address 
is
unavailable, current employer information, if available, of 
a victim of
a felony or a
witness to a felony or a person 
against whom an arrest warrant is
outstanding.

 T. The Director shall make available to the Illinois State 
Police, a county sheriff's office, or a municipal police 
department, upon request, any information concerning the 
current address and place of employment or former places of 
employment of a person who is required to register as a sex 
offender under the Sex Offender Registration Act that may be 
useful in enforcing the registration provisions of that Act.
 U. The Director shall make information available to the 
Department of Healthcare and Family Services and the 
Department of Human Services for the purpose of determining 
eligibility for public benefit programs authorized under the 
Illinois Public Aid Code and related statutes administered by 
those departments, for verifying sources and amounts of 
income, and for other purposes directly connected with the 
administration of those programs.
 V. The Director shall make information available to the 
State Board of Elections as may be required by an agreement the 
State Board of Elections has entered into with a multi-state 
voter registration list maintenance system.
 W. The Director shall make information available to the 
State Treasurer's office and the Department of Revenue for the 
purpose of facilitating compliance with the Illinois Secure 
Choice Savings Program Act, including employer contact 
information for employers with 25 or more employees and any 
other information the Director deems appropriate that is 
directly related to the administration of this program.
 X. The Director shall make information available, upon 
request, to the Illinois Student Assistance Commission for the 
purpose of determining eligibility for the adult vocational 
community college scholarship program under Section 65.105 of 
the Higher Education Student Assistance Act. 
 Y. Except as required under State or federal law, or 
unless otherwise provided for in this Section, the Department 
shall not disclose an individual's entire social security 
number in any correspondence physically mailed to an 
individual or entity. 
(Source: P.A. 101-315, eff. 1-1-20; 102-26, eff. 6-25-21; 
102-538, eff. 8-20-21; revised 11-8-21.)


 Section 995. No acceleration or delay. Where this Act 
makes changes in a statute that is represented in this Act by 
text that is not yet or no longer in effect (for example, a 
Section represented by multiple versions), the use of that 
text does not accelerate or delay the taking effect of (i) the 
changes made by this Act or (ii) provisions derived from any 
other Public Act.

 Section 996. No revival or extension. This Act does not 
revive or extend any Section or Act otherwise repealed.


 Section 999. Effective date. This Act takes effect upon 
becoming law. 



INDEX


Statutes amended in order of appearance