Public Act 103-0605

HB4844 Enrolled LRB103 39009 AMC 69146 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 2024 General

Revisory Act.

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

change in the law. It reconciles conflicts that have arisen

from multiple amendments and enactments and makes technical

corrections and revisions in the law.

This Act revises and, where appropriate, renumbers certain

Sections that have been added or amended by more than one

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 In certain cases in which a repealed Act or Section

has been replaced with a successor law, this Act may

incorporate amendments to the repealed Act or Section into the

successor law. This Act also corrects errors, revises

cross-references, and deletes obsolete text.

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

Section indicates the sources in the Session Laws of Illinois

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

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

include the different versions of the Section found in the

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

include other versions of the Section to be found in Public

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

is not a part of the text of the Section.

(d) Public Acts 102-1119 through 103-583 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 4.39 as follows:

(5 ILCS 80/4.39)

Sec. 4.39. Acts and Section repealed on January 1, 2029

and December 31, 2029.

(a) The following Acts and Section are repealed on January

1, 2029:

The Electrologist Licensing Act.

The Environmental Health Practitioner Licensing Act.

The Illinois Occupation Therapy Practice Act.

The Crematory Regulation Act.

The Illinois Public Accounting Act.

The Private Detective, Private Alarm, Private

Security, Fingerprint Vendor, and Locksmith Act of 2004.

Section 2.5 of the Illinois Plumbing License Law.

The Veterinary Medicine and Surgery Practice Act of

2004.

The Registered Surgical Assistant and Registered

Surgical Technologist Title Protection Act.

(b) The following Act is repealed on December 31, 2029:

The Structural Pest Control Act.

(Source: P.A. 103-251, eff. 6-30-23; 103-253, eff. 6-30-23;

103-309, eff. 7-28-23; 103-387, eff. 7-28-23; 103-505, eff.

8-4-23; revised 8-28-23.)

Section 10. The Illinois Administrative Procedure Act is

amended by setting forth, renumbering, and changing multiple

versions of Sections 5-45.35 and 5-45.36 as follows:

(5 ILCS 100/5-45.35)

Sec. 5-45.35. (Repealed).

(Source: P.A. 102-1104, eff. 12-6-22. Repealed internally,

eff. 12-6-23.)

(5 ILCS 100/5-45.36)

(Section scheduled to be repealed on June 7, 2024)

Sec. 5-45.36. Emergency rulemaking. To provide for the

expeditious and timely implementation of Section 234 of the

Illinois Income Tax Act, emergency rules implementing that

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

Department of Revenue. The adoption of emergency rules

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

necessary for the public interest, safety, and welfare.

This Section is repealed on June 7, 2024 (one year after

the effective date of Public Act 103-9) this amendatory Act of

the 103rd General Assembly.

(Source: P.A. 103-9, eff. 6-7-23; revised 9-27-23.)

(5 ILCS 100/5-45.38)

(Section scheduled to be repealed on January 10, 2024)

Sec. 5-45.38 5-45.35. Emergency rulemaking. To provide for

the expeditious and timely implementation of Public Act

102-1116 this amendatory Act of the 102nd General Assembly,

emergency rules implementing Public Act 102-1116 this

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

accordance with Section 5-45 by the Illinois State Police. 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 10, 2024 (one year

after the effective date of Public Act 102-1116) this

amendatory Act of the 102nd General Assembly.

(Source: P.A. 102-1116, eff. 1-10-23; revised 3-13-23.)

(5 ILCS 100/5-45.39)

(Section scheduled to be repealed on January 13, 2024)

Sec. 5-45.39 5-45.35. Emergency rulemaking; temporary

licenses for health care. To provide for the expeditious and

timely implementation of Section 66 of the Medical Practice

Act of 1987, Section 65-11.5 of the Nurse Practice Act, and

Section 9.7 of the Physician Assistant Practice Act of 1987,

emergency rules implementing the issuance of temporary permits

to applicants who are licensed to practice as a physician,

advanced practice registered nurse, or physician assistant in

another state may be adopted in accordance with Section 5-45

by the Department of Financial and Professional Regulation.

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 13, 2024 (one year

after the effective date of Public Act 102-1117) this

amendatory Act of the 102nd General Assembly.

(Source: P.A. 102-1117, eff. 1-13-23; revised 3-13-23.)

(5 ILCS 100/5-45.40)

(Section scheduled to be repealed on January 18, 2024)

Sec. 5-45.40 5-45.35. Emergency rulemaking; rural

emergency hospitals. To provide for the expeditious and timely

implementation of Public Act 102-1118 this amendatory Act of

the 102nd General Assembly, emergency rules implementing the

inclusion of rural emergency hospitals in the definition of

"hospital" in Section 3 of the Hospital Licensing 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 18, 2024 (one year

after the effective date of Public Act 102-1118) this

amendatory Act of the 102nd General Assembly.

(Source: P.A. 102-1118, eff. 1-18-23; revised 3-13-23.)

(5 ILCS 100/5-45.41)

(Section scheduled to be repealed on February 3, 2024)

Sec. 5-45.41 5-45.35. Emergency rulemaking. To provide for

the expeditious and timely implementation of the Invest in

Illinois Act, emergency rules implementing the Invest in

Illinois Act may be adopted in accordance with Section 5-45 by

the Department of Commerce and Economic Opportunity. 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 February 3, 2024 (one year

after the effective date of Public Act 102-1125) this

amendatory Act of the 102nd General Assembly.

(Source: P.A. 102-1125, eff. 2-3-23; revised 3-13-23.)

(5 ILCS 100/5-45.45)

(Section scheduled to be repealed on June 16, 2024)

Sec. 5-45.45 5-45.35. Emergency rulemaking; Substance Use

Disorder Residential and Detox Rate Equity. To provide for the

expeditious and timely implementation of the Substance Use

Disorder Residential and Detox Rate Equity Act, emergency

rules implementing the Substance Use Disorder Residential and

Detox Rate Equity Act may be adopted in accordance with

Section 5-45 by the Department of Human Services and the

Department of Healthcare and Family Services. The adoption of

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

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

welfare.

This Section is repealed on June 16, 2024 (one year after

the effective date of Public Act 103-102) this amendatory Act

of the 103rd General Assembly.

(Source: P.A. 103-102, eff. 6-16-23; revised 9-27-23.)

(5 ILCS 100/5-45.46)

(Section scheduled to be repealed on January 1, 2025)

Sec. 5-45.46 5-45.35. Emergency rulemaking; Illinois Law

Enforcement Training Standards Board. To provide for the

expeditious and timely implementation of the changes made in

Sections 8.1 and 8.2 of the Illinois Police Training Act,

emergency rules implementing the waiver process under Sections

8.1 and 8.2 of the Illinois Police Training Act may be adopted

in accordance with Section 5-45 by the Illinois Law

Enforcement Training Standards Board. 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, 2025 (one year

after the effective date of Public Act 103-389) this

amendatory Act of the 103rd General Assembly.

(Source: P.A. 103-389, eff. 1-1-24; revised 9-7-23.)

(5 ILCS 100/5-45.47)

(Section scheduled to be repealed on August 4, 2024)

Sec. 5-45.47 5-45.35. Emergency rulemaking; Department of

Natural Resources. To provide for the expeditious and timely

implementation of Section 13 of the Human Remains Protection

Act, emergency rules implementing Section 13 of the Human

Remains Protection Act may be adopted in accordance with

Section 5-45 by the Department of Natural Resources. 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 August 4, 2024 (one year after

the effective date of Public Act 103-446) this amendatory Act

of the 103rd General Assembly.

(Source: P.A. 103-446, eff. 8-4-23; revised 9-27-23.)

(5 ILCS 100/5-45.48)

(Section scheduled to be repealed on January 1, 2025)

Sec. 5-45.48 5-45.35. Emergency rulemaking; occupational

licenses. To provide for the expeditious and timely

implementation of Public Act 103-550 this amendatory Act of

the 103rd General Assembly, emergency rules implementing the

changes made to Section 9 of the Illinois Gambling Act may be

adopted in accordance with Section 5-45 by the Illinois Gaming

Board. 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, 2025 (one year

after the effective date of Public Act 103-550) this

amendatory Act of the 103rd General Assembly.

(Source: P.A. 103-550, eff. 1-1-24; revised 1-30-24.)

(5 ILCS 100/5-45.50)

Sec. 5-45.50 5-45.35. (Repealed).

(Source: P.A. 102-1108, eff. 12-21-22. Repealed internally,

eff. 12-21-23)

(5 ILCS 100/5-45.51)

(Section scheduled to be repealed on June 16, 2024)

Sec. 5-45.51 5-45.36. Emergency rulemaking; Medicaid

reimbursement rates for hospital inpatient and outpatient

services. To provide for the expeditious and timely

implementation of the changes made by Public Act 103-102 this

amendatory Act of the 103rd General Assembly to Sections

5-5.05, 14-12, 14-12.5, and 14-12.7 of the Illinois Public Aid

Code, emergency rules implementing the changes made by Public

Act 103-102 this amendatory Act of the 103rd General Assembly

to Sections 5-5.05, 14-12, 14-12.5, and 14-12.7 of the

Illinois Public Aid Code may be adopted in accordance with

Section 5-45 by the Department of Healthcare and Family

Services. The adoption of emergency rules authorized by

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

public interest, safety, and welfare.

This Section is repealed on June 16, 2024 (one year after

the effective date of Public Act 103-102) this amendatory Act

of the 103rd General Assembly.

(Source: P.A. 103-102, eff. 6-16-23; revised 9-27-23.)

(5 ILCS 100/5-45.52)

(Section scheduled to be repealed on December 8, 2024)

Sec. 5-45.52 5-45.35. Emergency rulemaking; Public Act

103-568 this amendatory Act of the 103rd General Assembly. To

provide for the expeditious and timely implementation of

Public Act 103-568 this amendatory Act of the 103rd General

Assembly, emergency rules implementing Public Act 103-568 this

amendatory Act of the 103rd General Assembly may be adopted in

accordance with Section 5-45 by the Department of Financial

and Professional Regulation. 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 December 8, 2024 (one year

after the effective date of Public Act 103-568) this

amendatory Act of the 103rd General Assembly.

(Source: P.A. 103-568, eff. 12-8-23; revised 12-22-23.)

Section 15. The Freedom of Information Act is amended by

changing Sections 7 and 7.5 as follows:

(5 ILCS 140/7)

Sec. 7. Exemptions.

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

record that contains information that is exempt from

disclosure under this Section, but also contains information

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

to redact the information that is exempt. The public body

shall make the remaining information available for inspection

and copying. Subject to this requirement, the following shall

be exempt from inspection and copying:

(a) Information specifically prohibited from

disclosure by federal or State law or rules and

regulations implementing federal or State law.

(b) Private information, unless disclosure is required

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

or a court order.

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

maintained by one or more law enforcement agencies and

specifically designed to provide information to one or

more law enforcement agencies regarding the physical or

mental status of one or more individual subjects.

(c) Personal information contained within public

records, the disclosure of which would constitute a

clearly unwarranted invasion of personal privacy, unless

the disclosure is consented to in writing by the

individual subjects of the information. "Unwarranted

invasion of personal privacy" means the disclosure of

information that is highly personal or objectionable to a

reasonable person and in which the subject's right to

privacy outweighs any legitimate public interest in

obtaining the information. The disclosure of information

that bears on the public duties of public employees and

officials shall not be considered an invasion of personal

privacy.

(d) Records in the possession of any public body

created in the course of administrative enforcement

proceedings, and any law enforcement or correctional

agency for law enforcement purposes, but only to the

extent that disclosure would:

(i) interfere with pending or actually and

reasonably contemplated law enforcement proceedings

conducted by any law enforcement or correctional

agency that is the recipient of the request;

(ii) interfere with active administrative

enforcement proceedings conducted by the public body

that is the recipient of the request;

(iii) create a substantial likelihood that a

person will be deprived of a fair trial or an impartial

hearing;

(iv) unavoidably disclose the identity of a

confidential source, confidential information

furnished only by the confidential source, or persons

who file complaints with or provide information to

administrative, investigative, law enforcement, or

penal agencies; except that the identities of

witnesses to traffic crashes, traffic crash reports,

and rescue reports shall be provided by agencies of

local government, except when disclosure would

interfere with an active criminal investigation

conducted by the agency that is the recipient of the

request;

(v) disclose unique or specialized investigative

techniques other than those generally used and known

or disclose internal documents of correctional

agencies related to detection, observation, or

investigation of incidents of crime or misconduct, and

disclosure would result in demonstrable harm to the

agency or public body that is the recipient of the

request;

(vi) endanger the life or physical safety of law

enforcement personnel or any other person; or

(vii) obstruct an ongoing criminal investigation

by the agency that is the recipient of the request.

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

enforcement purposes and contained in a shared electronic

record management system if the law enforcement agency

that is the recipient of the request did not create the

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

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

access to the record through the shared electronic record

management system.

(d-6) Records contained in the Officer Professional

Conduct Database under Section 9.2 of the Illinois Police

Training Act, except to the extent authorized under that

Section. This includes the documents supplied to the

Illinois Law Enforcement Training Standards Board from the

Illinois State Police and Illinois State Police Merit

Board.

(d-7) Information gathered or records created from the

use of automatic license plate readers in connection with

Section 2-130 of the Illinois Vehicle Code.

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

correctional institutions and detention facilities.

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

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail if those

materials are available in the library of the correctional

institution or facility or jail where the inmate is

confined.

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

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail if those

materials include records from staff members' personnel

files, staff rosters, or other staffing assignment

information.

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

Department of Corrections or Department of Human Services

Division of Mental Health if those materials are available

through an administrative request to the Department of

Corrections or Department of Human Services Division of

Mental Health.

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

Department of Corrections, Department of Human Services

Division of Mental Health, or a county jail, the

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

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

institution or facility.

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

or committed to the Department of Corrections or

Department of Human Services Division of Mental Health,

containing personal information pertaining to the person's

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

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

or school address, work telephone number, social security

number, or any other identifying information, except as

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

or claim.

(e-10) Law enforcement records of other persons

requested by a person committed to the Department of

Corrections, Department of Human Services Division of

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

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

crime scene photographs, except as these records may be

relevant to the requester's current or potential case or

claim.

(f) Preliminary drafts, notes, recommendations,

memoranda, and other records in which opinions are

expressed, or policies or actions are formulated, except

that a specific record or relevant portion of a record

shall not be exempt when the record is publicly cited and

identified by the head of the public body. The exemption

provided in this paragraph (f) extends to all those

records of officers and agencies of the General Assembly

that pertain to the preparation of legislative documents.

(g) Trade secrets and commercial or financial

information obtained from a person or business where the

trade secrets or commercial or financial information are

furnished under a claim that they are proprietary,

privileged, or confidential, and that disclosure of the

trade secrets or commercial or financial information would

cause competitive harm to the person or business, and only

insofar as the claim directly applies to the records

requested.

The information included under this exemption includes

all trade secrets and commercial or financial information

obtained by a public body, including a public pension

fund, from a private equity fund or a privately held

company within the investment portfolio of a private

equity fund as a result of either investing or evaluating

a potential investment of public funds in a private equity

fund. The exemption contained in this item does not apply

to the aggregate financial performance information of a

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

managers or general partners. The exemption contained in

this item does not apply to the identity of a privately

held company within the investment portfolio of a private

equity fund, unless the disclosure of the identity of a

privately held company may cause competitive harm.

Nothing contained in this paragraph (g) shall be

construed to prevent a person or business from consenting

to disclosure.

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

agreement, including information which if it were

disclosed would frustrate procurement or give an advantage

to any person proposing to enter into a contractor

agreement with the body, until an award or final selection

is made. Information prepared by or for the body in

preparation of a bid solicitation shall be exempt until an

award or final selection is made.

(i) Valuable formulae, computer geographic systems,

designs, drawings, and research data obtained or produced

by any public body when disclosure could reasonably be

expected to produce private gain or public loss. The

exemption for "computer geographic systems" provided in

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

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

requested information is not otherwise exempt and the only

purpose of the request is to access and disseminate

information regarding the health, safety, welfare, or

legal rights of the general public.

(j) The following information pertaining to

educational matters:

(i) test questions, scoring keys, and other

examination data used to administer an academic

examination;

(ii) information received by a primary or

secondary school, college, or university under its

procedures for the evaluation of faculty members by

their academic peers;

(iii) information concerning a school or

university's adjudication of student disciplinary

cases, but only to the extent that disclosure would

unavoidably reveal the identity of the student; and

(iv) course materials or research materials used

by faculty members.

(k) Architects' plans, engineers' technical

submissions, and other construction related technical

documents for projects not constructed or developed in

whole or in part with public funds and the same for

projects constructed or developed with public funds,

including, but not limited to, power generating and

distribution stations and other transmission and

distribution facilities, water treatment facilities,

airport facilities, sport stadiums, convention centers,

and all government owned, operated, or occupied buildings,

but only to the extent that disclosure would compromise

security.

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

public as provided in the Open Meetings Act until the

public body makes the minutes available to the public

under Section 2.06 of the Open Meetings Act.

(m) Communications between a public body and an

attorney or auditor representing the public body that

would not be subject to discovery in litigation, and

materials prepared or compiled by or for a public body in

anticipation of a criminal, civil, or administrative

proceeding upon the request of an attorney advising the

public body, and materials prepared or compiled with

respect to internal audits of public bodies.

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

of employee grievances or disciplinary cases; however,

this exemption shall not extend to the final outcome of

cases in which discipline is imposed.

(o) Administrative or technical information associated

with automated data processing operations, including, but

not limited to, software, operating protocols, computer

program abstracts, file layouts, source listings, object

modules, load modules, user guides, documentation

pertaining to all logical and physical design of

computerized systems, employee manuals, and any other

information that, if disclosed, would jeopardize the

security of the system or its data or the security of

materials exempt under this Section.

(p) Records relating to collective negotiating matters

between public bodies and their employees or

representatives, except that any final contract or

agreement shall be subject to inspection and copying.

(q) Test questions, scoring keys, and other

examination data used to determine the qualifications of

an applicant for a license or employment.

(r) The records, documents, and information relating

to real estate purchase negotiations until those

negotiations have been completed or otherwise terminated.

With regard to a parcel involved in a pending or actually

and reasonably contemplated eminent domain proceeding

under the Eminent Domain Act, records, documents, and

information relating to that parcel shall be exempt except

as may be allowed under discovery rules adopted by the

Illinois Supreme Court. The records, documents, and

information relating to a real estate sale shall be exempt

until a sale is consummated.

(s) Any and all proprietary information and records

related to the operation of an intergovernmental risk

management association or self-insurance pool or jointly

self-administered health and accident cooperative or pool.

Insurance or self-insurance (including any

intergovernmental risk management association or

self-insurance pool) claims, loss or risk management

information, records, data, advice, or communications.

(t) Information contained in or related to

examination, operating, or condition reports prepared by,

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

for the regulation or supervision of financial

institutions, insurance companies, or pharmacy benefit

managers, unless disclosure is otherwise required by State

law.

(u) Information that would disclose or might lead to

the disclosure of secret or confidential information,

codes, algorithms, programs, or private keys intended to

be used to create electronic signatures under the Uniform

Electronic Transactions Act.

(v) Vulnerability assessments, security measures, and

response policies or plans that are designed to identify,

prevent, or respond to potential attacks upon a

community's population or systems, facilities, or

installations, but only to the extent that disclosure

could reasonably be expected to expose the vulnerability

or jeopardize the effectiveness of the measures, policies,

or plans, or the safety of the personnel who implement

them or the public. Information exempt under this item may

include such things as details pertaining to the

mobilization or deployment of personnel or equipment, to

the operation of communication systems or protocols, to

cybersecurity vulnerabilities, or to tactical operations.

(w) (Blank).

(x) Maps and other records regarding the location or

security of generation, transmission, distribution,

storage, gathering, treatment, or switching facilities

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

Illinois Power Agency.

(y) Information contained in or related to proposals,

bids, or negotiations related to electric power

procurement under Section 1-75 of the Illinois Power

Agency Act and Section 16-111.5 of the Public Utilities

Act that is determined to be confidential and proprietary

by the Illinois Power Agency or by the Illinois Commerce

Commission.

(z) Information about students exempted from

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

School Code, and information about undergraduate students

enrolled at an institution of higher education exempted

from disclosure under Section 25 of the Illinois Credit

Card Marketing Act of 2009.

(aa) Information the disclosure of which is exempted

under the Viatical Settlements Act of 2009.

(bb) Records and information provided to a mortality

review team and records maintained by a mortality review

team appointed under the Department of Juvenile Justice

Mortality Review Team Act.

(cc) Information regarding interments, entombments, or

inurnments of human remains that are submitted to the

Cemetery Oversight Database under the Cemetery Care Act or

the Cemetery Oversight Act, whichever is applicable.

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

disclosed under Section 11-9 of the Illinois Public Aid

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

the Illinois Public Aid Code.

(ee) The names, addresses, or other personal

information of persons who are minors and are also

participants and registrants in programs of park

districts, forest preserve districts, conservation

districts, recreation agencies, and special recreation

associations.

(ff) The names, addresses, or other personal

information of participants and registrants in programs of

park districts, forest preserve districts, conservation

districts, recreation agencies, and special recreation

associations where such programs are targeted primarily to

minors.

(gg) Confidential information described in Section

1-100 of the Illinois Independent Tax Tribunal Act of

2012.

(hh) The report submitted to the State Board of

Education by the School Security and Standards Task Force

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

School Code and any information contained in that report.

(ii) Records requested by persons committed to or

detained by the Department of Human Services under the

Sexually Violent Persons Commitment Act or committed to

the Department of Corrections under the Sexually Dangerous

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

library of the facility where the individual is confined;

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

staff rosters, or other staffing assignment information;

or (iii) are available through an administrative request

to the Department of Human Services or the Department of

Corrections.

(jj) Confidential information described in Section

5-535 of the Civil Administrative Code of Illinois.

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

numbers, bank account numbers, Federal Employer

Identification Number, security code numbers, passwords,

and similar account information, the disclosure of which

could result in identity theft or impression or defrauding

of a governmental entity or a person.

(ll) Records concerning the work of the threat

assessment team of a school district, including, but not

limited to, any threat assessment procedure under the

School Safety Drill Act and any information contained in

the procedure.

(mm) Information prohibited from being disclosed under

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

Confidential Reporting Act.

(nn) Proprietary information submitted to the

Environmental Protection Agency under the Drug Take-Back

Act.

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

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

(pp) Any and all information regarding burials,

interments, or entombments of human remains as required to

be reported to the Department of Natural Resources

pursuant either to the Archaeological and Paleontological

Resources Protection Act or the Human Remains Protection

Act.

(qq) (pp) Reports described in subsection (e) of

Section 16-15 of the Abortion Care Clinical Training

Program Act.

(rr) (pp) Information obtained by a certified local

health department under the Access to Public Health Data

Act.

(ss) (pp) For a request directed to a public body that

is also a HIPAA-covered entity, all information that is

protected health information, including demographic

information, that may be contained within or extracted

from any record held by the public body in compliance with

State and federal medical privacy laws and regulations,

including, but not limited to, the Health Insurance

Portability and Accountability Act and its regulations, 45

CFR Parts 160 and 164. As used in this paragraph,

"HIPAA-covered entity" has the meaning given to the term

"covered entity" in 45 CFR 160.103 and "protected health

information" has the meaning given to that term in 45 CFR

160.103.

(1.5) Any information exempt from disclosure under the

Judicial Privacy Act shall be redacted from public records

prior to disclosure under this Act.

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

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

agency has contracted to perform a governmental function on

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

governmental function and is not otherwise exempt under this

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

for purposes of this Act.

(3) This Section does not authorize withholding of

information or limit the availability of records to the

public, except as stated in this Section or otherwise provided

in this Act.

(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;

102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.

1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,

eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;

103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.

8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised

9-7-23.)

(5 ILCS 140/7.5)

(Text of Section before amendment by P.A. 103-472)

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 (repealed). 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 (repealed).

(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) (Blank).

(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) Information that is prohibited from disclosure

by the Illinois Police Training Act and the Illinois State

Police Act.

(ccc) Records exempt from disclosure under Section

2605-304 of the Illinois State Police Law of the Civil

Administrative Code of Illinois.

(ddd) 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) Information prohibited from being disclosed

under subsection (b) of Section 75 of the Domestic

Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera

Act. This subsection (fff) is inoperative on and after

July 1, 2025.

(ggg) Information prohibited from disclosure under

paragraph (3) of subsection (a) of Section 14 of the Nurse

Agency Licensing Act.

(hhh) Information submitted to the Illinois State

Police in an affidavit or application for an assault

weapon endorsement, assault weapon attachment endorsement,

.50 caliber rifle endorsement, or .50 caliber cartridge

endorsement under the Firearm Owners Identification Card

Act.

(iii) Data exempt from disclosure under Section 50 of

the School Safety Drill Act.

(jjj) (hhh) Information exempt from disclosure under

Section 30 of the Insurance Data Security Law.

(kkk) (iii) Confidential business information

prohibited from disclosure under Section 45 of the Paint

Stewardship Act.

(lll) (Reserved).

(mmm) (iii) Information prohibited from being

disclosed under subsection (e) of Section 1-129 of the

Illinois Power Agency Act.

(Source: P.A. 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; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;

102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.

6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,

eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;

revised 1-2-24.)

(Text of Section after amendment by P.A. 103-472)

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 (repealed). 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 (repealed).

(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) (Blank).

(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) Information that is prohibited from disclosure

by the Illinois Police Training Act and the Illinois State

Police Act.

(ccc) Records exempt from disclosure under Section

2605-304 of the Illinois State Police Law of the Civil

Administrative Code of Illinois.

(ddd) 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) Information prohibited from being disclosed

under subsection (b) of Section 75 of the Domestic

Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera

Act. This subsection (fff) is inoperative on and after

July 1, 2025.

(ggg) Information prohibited from disclosure under

paragraph (3) of subsection (a) of Section 14 of the Nurse

Agency Licensing Act.

(hhh) Information submitted to the Illinois State

Police in an affidavit or application for an assault

weapon endorsement, assault weapon attachment endorsement,

.50 caliber rifle endorsement, or .50 caliber cartridge

endorsement under the Firearm Owners Identification Card

Act.

(iii) Data exempt from disclosure under Section 50 of

the School Safety Drill Act.

(jjj) (hhh) Information exempt from disclosure under

Section 30 of the Insurance Data Security Law.

(kkk) (iii) Confidential business information

prohibited from disclosure under Section 45 of the Paint

Stewardship Act.

(lll) (iii) Data exempt from disclosure under Section

2-3.196 of the School Code.

(mmm) (iii) Information prohibited from being

disclosed under subsection (e) of Section 1-129 of the

Illinois Power Agency Act.

(Source: P.A. 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; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;

102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.

6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,

eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;

103-580, eff. 12-8-23; revised 1-2-24.)

Section 20. The Consular Identification Document Act is

amended by changing Section 10 as follows:

(5 ILCS 230/10)

(Text of Section before amendment by P.A. 103-210)

Sec. 10. Acceptance of consular identification document.

(a) When requiring members of the public to provide

identification, each State agency and officer and unit of

local government shall accept a consular identification

document as valid identification of a person.

(b) A consular identification document shall be accepted

for purposes of identification only and does not convey an

independent right to receive benefits of any type.

(c) A consular identification document may not be accepted

as identification for obtaining a driver's license, other than

a temporary visitor's driver's license, or registering to

vote.

(d) A consular identification document does not establish

or indicate lawful U.S. immigration status and may not be

viewed as valid for that purpose, nor does a consular

identification document establish a foreign national's right

to be in the United States or remain in the United States.

(e) The requirements of subsection (a) do not apply if:

(1) a federal law, regulation, or directive or a

federal court decision requires a State agency or officer

or a unit of local government to obtain different

identification;

(2) a federal law, regulation, or directive preempts

state regulation of identification requirements; or

(3) a State agency or officer or a unit of local

government would be unable to comply with a condition

imposed by a funding source which would cause the State

agency or officer or unit of local government to lose

funds from that source.

(f) Nothing in subsection (a) shall be construed to

prohibit a State agency or officer or a unit of local

government from:

(1) requiring additional information from persons in

order to verify a current address or other facts that

would enable the State agency or officer or unit of local

government to fulfill its responsibilities, except that

this paragraph (1) does not permit a State agency or

officer or a unit of local government to require

additional information solely in order to establish

identification of the person when the consular

identification document is the form of identification

presented;

(2) requiring fingerprints for identification purposes

under circumstances where the State agency or officer or

unit of local government also requires fingerprints from

persons who have a driver's license or Illinois

Identification Card; or

(3) requiring additional evidence of identification if

the State agency or officer or unit of local government

reasonably believes that: (A) the consular identification

document is forged, fraudulent, or altered; or (B) the

holder does not appear to be the same person on the

consular identification document.

(Source: P.A. 97-1157, eff. 11-28-13.)

(Text of Section after amendment by P.A. 103-210)

Sec. 10. Acceptance of consular identification document.

(a) When requiring members of the public to provide

identification, each State agency and officer and unit of

local government shall accept a consular identification

document as valid identification of a person.

(b) A consular identification document shall be accepted

for purposes of identification only and does not convey an

independent right to receive benefits of any type.

(c) A consular identification document may not be accepted

as identification for obtaining a REAL ID compliant driver's

license, as defined by Section 6-100 of the Illinois Vehicle

Code, or registering to vote.

(d) A consular identification document does not establish

or indicate lawful U.S. immigration status and may not be

viewed as valid for that purpose, nor does a consular

identification document establish a foreign national's right

to be in the United States or remain in the United States.

(e) The requirements of subsection (a) do not apply if:

(1) a federal law, regulation, or directive or a

federal court decision requires a State agency or officer

or a unit of local government to obtain different

identification;

(2) a federal law, regulation, or directive preempts

state regulation of identification requirements; or

(3) a State agency or officer or a unit of local

government would be unable to comply with a condition

imposed by a funding source which would cause the State

agency or officer or unit of local government to lose

funds from that source.

(f) Nothing in subsection (a) shall be construed to

prohibit a State agency or officer or a unit of local

government from:

(1) requiring additional information from persons in

order to verify a current address or other facts that

would enable the State agency or officer or unit of local

government to fulfill its responsibilities, except that

this paragraph (1) does not permit a State agency or

officer or a unit of local government to require

additional information solely in order to establish

identification of the person when the consular

identification document is the form of identification

presented;

(2) requiring fingerprints for identification purposes

under circumstances where the State agency or officer or

unit of local government also requires fingerprints from

persons who have a driver's license or Illinois

Identification Card; or

(3) requiring additional evidence of identification if

the State agency or officer or unit of local government

reasonably believes that: (A) the consular identification

document is forged, fraudulent, or altered; or (B) the

holder does not appear to be the same person on the

consular identification document.

(Source: P.A. 103-210, eff. 7-1-24; revised 9-25-23.)

Section 25. The State Employees Group Insurance Act of

1971 is amended by changing Section 6.11 as follows:

(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, 356z.51,

356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, 356z.60,

and 356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and

356z.70 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 program of health benefits shall provide

the coverage required under Section 356m of the Illinois

Insurance Code and, for the employees of the State Employee

Group Insurance Program only, the coverage as also provided in

Section 6.11B of this Act. 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. 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; 102-731, eff. 1-1-23; 102-768,

eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;

102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.

1-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84,

eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24;

103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff.

8-11-23; revised 8-29-23.)

Section 30. The Seizure and Forfeiture Reporting Act is

amended by changing Section 5 as follows:

(5 ILCS 810/5)

Sec. 5. Applicability. This Act is applicable to property

seized or forfeited under the following provisions of law:

(1) Section 3.23 of the Illinois Food, Drug and

Cosmetic Act;

(2) Section 44.1 of the Environmental Protection Act;

(3) Section 105-55 of the Herptiles-Herps Act;

(4) Section 1-215 of the Fish and Aquatic Life Code;

(5) Section 1.25 of the Wildlife Code;

(6) Section 17-10.6 of the Criminal Code of 2012

(financial institution fraud);

(7) Section 28-5 of the Criminal Code of 2012

(gambling);

(8) Article 29B of the Criminal Code of 2012 (money

laundering);

(9) Article 33G of the Criminal Code of 2012 (Illinois

Street Gang and Racketeer Influenced And Corrupt

Organizations Law);

(10) Article 36 of the Criminal Code of 2012 (seizure

and forfeiture of vessels, vehicles, and aircraft);

(11) Section 47-15 of the Criminal Code of 2012

(dumping garbage upon real property);

(12) Article 124B of the Code of Criminal Procedure of

1963 (forfeiture);

(13) the Drug Asset Forfeiture Procedure Act;

(14) the Narcotics Profit Forfeiture Act;

(15) the Illinois Streetgang Terrorism Omnibus

Prevention Act;

(16) the Illinois Securities Law of 1953; and

(17) the Archaeological and Paleontological Resources

Protection Act; and

(18) the Human Remains Protection Act; and .

(19) (17) Section 16 of the Timber Buyers Licensing

Act.

(Source: P.A. 102-558, eff. 8-20-21; 103-218, eff. 1-1-24;

103-446, eff. 8-4-23; revised 12-12-23.)

Section 32. The First Responders Suicide Prevention Act is

amended by changing Section 40 as follows:

(5 ILCS 840/40)

Sec. 40. Task Force recommendations.

(a) Task Force members shall recommend that agencies and

organizations guarantee access to mental health and wellness

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

and providing ongoing education related to the ever-evolving

concept of mental health wellness. These recommendations could

be accomplished by:

(1) Revising agencies' and organizations' employee

assistance programs (EAPs).

(2) Urging health care providers to replace outdated

healthcare plans and include more progressive options

catering to the needs and disproportionate risks

shouldered by our first responders.

(3) Allocating funding or resources for public service

announcements (PSA) and messaging campaigns aimed at

raising awareness of available assistance options.

(4) Encouraging agencies and organizations to attach

lists of all available resources to training manuals and

continuing education requirements.

(b) Task Force members shall recommend agencies and

organizations sponsor or facilitate first responders with

specialized training in the areas of psychological fitness,

depressive disorders, early detection, and mitigation best

practices. Such trainings could be accomplished by:

(1) Assigning, appointing, or designating one member

of an agency or organization to attend specialized

training(s) sponsored by an accredited agency,

association, or organization recognized in their fields of

study.

(2) Seeking sponsorships or conducting fund-raisers,

to host annual or semiannual on-site visits from qualified

clinicians or physicians to provide early detection

training techniques, or to provide regular access to

mental health professionals.

(3) Requiring a minimum number of hours of disorders

and wellness training be incorporated into reoccurring,

annual or biannual training standards, examinations, and

curriculums, taking into close consideration respective

agency or organization size, frequency, and number of all

current federal and state mandatory examinations and

trainings expected respectively.

(4) Not underestimating the crucial importance of a

balanced diet, sleep, mindfulness-based stress reduction

techniques, moderate and vigorous intensity activities,

and recreational hobbies, which have been scientifically

proven to play a major role in brain health and mental

wellness.

(c) Task Force members shall recommend that administrators

and leadership personnel solicit training services from

evidence-based, data driven organizations. Organizations with

personnel trained on the analytical review and interpretation

of specific fields related to the nature of first responders'

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

duress. Task Force members shall further recommend funding for

expansion and messaging campaigns of preliminary

self-diagnosing technologies like the one described above.

These objectives could be met by:

(1) Contacting an accredited agency, association, or

organization recognized in the field or fields of specific

study. Unbeknownst to the majority, many of the agencies

and organizations listed above receive grants and

allocations to assist communities with the very issues

being discussed in this Section.

(2) Normalizing help-seeking behaviors for both first

responders and their families through regular messaging

and peer support outreach, beginning with academy

curricula and continuing education throughout individuals'

careers.

(3) Funding and implementing PSA campaigns that

provide clear and concise calls to action about mental

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

and recovery.

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

organizations currently available to assist individuals in

search of care and treatment. Organizations have intuitive

user-friendly sites, most of which have mobile

applications, so first responders can access at a moment's

notice. However, because of limited funds, these

organizations have a challenging time of getting the word

out there about their existence.

(5) Expanding Family and Medical Leave Act protections

for individuals voluntarily seeking preventative

treatment.

(6) Promoting and ensuring complete patient

confidentiality protections.

(d) Task Force members shall recommend that agencies and

organizations incorporate the following training components

into already existing modules and educational curriculums.

Doing so could be done by:

(1) Bolstering academy and school curricula by

requiring depressive disorder training catered to PTSD,

substance abuse, and early detection techniques training,

taking into close consideration respective agency or

organization size, and the frequency and number of all

current federal and state mandatory examinations and

trainings expected respectively.

(2) Continuing to allocate or match federal and state

funds to maintain Mobile Training Units (MTUs).

(3) Incorporating a state certificate for peer support

training into already existing exiting statewide

curriculums and mandatory examinations, annual State Fire

Marshal examinations, and physical fitness examinations.

The subject matter of the certificate should have an

emphasis on mental health and wellness, as well as

familiarization with topics ranging from clinical social

work, clinical psychology, clinical behaviorist, and

clinical psychiatry.

(4) Incorporating and performing statewide mental

health check-ins during the same times as already mandated

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

measures of fitness for duty evaluations or structured

psychological examinations.

(5) Recommending comprehensive and evidence-based

training on the importance of preventative measures on the

topics of sleep, nutrition, mindfulness, and physical

movement.

(6) Law enforcement agencies should provide training

on the Firearm Owner's Identification Card Act, including

seeking relief from the Illinois State Police under

Section 10 of the Firearm Owners Identification Card Act

and a FOID card being a continued condition of employment

under Section 7.2 of the Uniform Peace Officers'

Disciplinary Act.

(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23;

revised 1-20-24.)

Section 35. The Election Code is amended by changing

Sections 1A-8, 1A-16.1, and 24B-9.1 as follows:

(10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)

Sec. 1A-8. The State Board of Elections shall exercise the

following powers and perform the following duties in addition

to any powers or duties otherwise provided for by law:

(1) Assume all duties and responsibilities of the

State Electoral Board and the Secretary of State as

heretofore provided in this Code;

(2) Disseminate information to and consult with

election authorities concerning the conduct of elections

and registration in accordance with the laws of this State

and the laws of the United States;

(3) Furnish to each election authority prior to each

primary and general election and any other election it

deems necessary, a manual of uniform instructions

consistent with the provisions of this Code which shall be

used by election authorities in the preparation of the

official manual of instruction to be used by the judges of

election in any such election. In preparing such manual,

the State Board shall consult with representatives of the

election authorities throughout the State. The State Board

may provide separate portions of the uniform instructions

applicable to different election jurisdictions which

administer elections under different options provided by

law. The State Board may by regulation require particular

portions of the uniform instructions to be included in any

official manual of instructions published by election

authorities. Any manual of instructions published by any

election authority shall be identical with the manual of

uniform instructions issued by the Board, but may be

adapted by the election authority to accommodate special

or unusual local election problems, provided that all

manuals published by election authorities must be

consistent with the provisions of this Code in all

respects and must receive the approval of the State Board

of Elections prior to publication; provided further that

if the State Board does not approve or disapprove of a

proposed manual within 60 days of its submission, the

manual shall be deemed approved; .

(4) Prescribe and require the use of such uniform

forms, notices, and other supplies not inconsistent with

the provisions of this Code as it shall deem advisable

which shall be used by election authorities in the conduct

of elections and registrations;

(5) Prepare and certify the form of ballot for any

proposed amendment to the Constitution of the State of

Illinois, or any referendum to be submitted to the

electors throughout the State or, when required to do so

by law, to the voters of any area or unit of local

government of the State;

(6) Require such statistical reports regarding the

conduct of elections and registration from election

authorities as may be deemed necessary;

(7) Review and inspect procedures and records relating

to conduct of elections and registration as may be deemed

necessary, and to report violations of election laws to

the appropriate State's Attorney or the Attorney General;

(8) Recommend to the General Assembly legislation to

improve the administration of elections and registration;

(9) Adopt, amend or rescind rules and regulations in

the performance of its duties provided that all such rules

and regulations must be consistent with the provisions of

this Article 1A or issued pursuant to authority otherwise

provided by law;

(10) Determine the validity and sufficiency of

petitions filed under Article XIV, Section 3, of the

Constitution of the State of Illinois of 1970;

(11) Maintain in its principal office a research

library that includes, but is not limited to, abstracts of

votes by precinct for general primary elections and

general elections, current precinct maps, and current

precinct poll lists from all election jurisdictions within

the State. The research library shall be open to the

public during regular business hours. Such abstracts,

maps, and lists shall be preserved as permanent records

and shall be available for examination and copying at a

reasonable cost;

(12) Supervise the administration of the registration

and election laws throughout the State;

(13) Obtain from the Department of Central Management

Services, under Section 405-250 of the Department of

Central Management Services Law (20 ILCS 405/405-250),

such use of electronic data processing equipment as may be

required to perform the duties of the State Board of

Elections and to provide election-related information to

candidates, public and party officials, interested civic

organizations, and the general public in a timely and

efficient manner;

(14) To take such action as may be necessary or

required to give effect to directions of the national

committee or State central committee of an established

political party under Sections 7-8, 7-11, and 7-14.1 or

such other provisions as may be applicable pertaining to

the selection of delegates and alternate delegates to an

established political party's national nominating

conventions or, notwithstanding any candidate

certification schedule contained within this Code, the

certification of the Presidential and Vice Presidential

candidate selected by the established political party's

national nominating convention;

(15) To post all early voting sites separated by

election authority and hours of operation on its website

at least 5 business days before the period for early

voting begins;

(16) To post on its website the statewide totals, and

totals separated by each election authority, for each of

the counts received pursuant to Section 1-9.2; and

(17) To post on its website, in a downloadable format,

the information received from each election authority

under Section 1-17.

The Board may by regulation delegate any of its duties or

functions under this Article, except that final determinations

and orders under this Article shall be issued only by the

Board.

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.

(Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18;

100-1148, eff. 12-10-18; revised 4-4-23.)

(10 ILCS 5/1A-16.1)

(Text of Section before amendment by P.A. 103-210)

Sec. 1A-16.1. Automatic voter registration; Secretary of

State.

(a) The Office of the Secretary of State and the State

Board of Elections, pursuant to an interagency contract and

jointly adopted jointly-adopted rules, shall establish an

automatic voter registration program that satisfies the

requirements of this Section and other applicable law.

(b) If an application, an application for renewal, a

change of address form, or a recertification form for a

driver's license, other than a temporary visitor's driver's

license, or a State identification card issued by the Office

of the Secretary of State meets the requirements of the

federal REAL ID Act of 2005, then that application shall serve

as a dual-purpose application. The dual-purpose application

shall:

(1) also serve as an application to register to vote

in Illinois;

(2) allow an applicant to change his or her registered

residence address or name as it appears on the voter

registration rolls;

(3) provide the applicant with an opportunity to

affirmatively decline to register to vote or to change his

or her registered residence address or name by providing a

check box on the application form without requiring the

applicant to state the reason; and

(4) unless the applicant declines to register to vote

or change his or her registered residence address or name,

require the applicant to attest, by signature under

penalty of perjury as described in subsection (e) of this

Section, to meeting the qualifications to register to vote

in Illinois at his or her residence address as indicated

on his or her driver's license or identification card

dual-purpose application.

(b-5) If an application, an application for renewal, a

change of address form, or a recertification form for a

driver's license, other than a temporary visitor's driver's

license, or a State identification card issued by the Office

of the Secretary of State does not meet the requirements of the

federal REAL ID Act of 2005, then that application shall serve

as a dual-purpose application. The dual-purpose application

shall:

(1) also serve as an application to register to vote

in Illinois;

(2) allow an applicant to change his or her registered

residence address or name as it appears on the voter

registration rolls; and

(3) if the applicant chooses to register to vote or to

change his or her registered residence address or name,

then require the applicant to attest, by a separate

signature under penalty of perjury, to meeting the

qualifications to register to vote in Illinois at his or

her residence address as indicated on his or her

dual-purpose application.

(b-10) The Office of the Secretary of State shall clearly

and conspicuously inform each applicant in writing: (i) of the

qualifications to register to vote in Illinois, (ii) of the

penalties provided by law for submission of a false voter

registration application, (iii) that, unless the applicant

declines to register to vote or update his or her voter

registration, his or her dual-purpose application shall also

serve as both an application to register to vote and his or her

attestation that he or she meets the eligibility requirements

for voter registration, and that his or her application to

register to vote or update his or her registration will be

transmitted to the State Board of Elections for the purpose of

registering the person to vote at the residence address to be

indicated on his or her driver's license or identification

card, and (iv) that declining to register to vote is

confidential and will not affect any services the person may

be seeking from the Office of the Secretary of State.

(c) The Office of the Secretary of State shall review

information provided to the Office of the Secretary of State

by the State Board of Elections to inform each applicant for a

driver's license or permit, other than a temporary visitor's

driver's license, or a State identification card issued by the

Office of the Secretary of State whether the applicant is

currently registered to vote in Illinois and, if registered,

at what address.

(d) The Office of the Secretary of State shall not require

an applicant for a driver's license or State identification

card to provide duplicate identification or information in

order to complete an application to register to vote or change

his or her registered residence address or name. Before

transmitting any personal information about an applicant to

the State Board of Elections, the Office of the Secretary of

State shall review its records of the identification documents

the applicant provided in order to complete the application

for a driver's license or State identification card, to

confirm that nothing in those documents indicates that the

applicant does not satisfy the qualifications to register to

vote in Illinois at his or her residence address.

(e) A completed, signed application for (i) a driver's

license or permit, other than a temporary visitor's driver's

license, or a State identification card issued by the Office

of the Secretary of State, that meets the requirements of the

federal REAL ID Act of 2005; or (ii) a completed application

under subsection (b-5) of this Section with a separate

signature attesting the applicant meets the qualifications to

register to vote in Illinois at his or her residence address as

indicated on his or her application shall constitute a signed

application to register to vote in Illinois at the residence

address indicated in the application unless the person

affirmatively declined in the application to register to vote

or to change his or her registered residence address or name.

If the identification documents provided to complete the

dual-purpose application indicate that he or she does not

satisfy the qualifications to register to vote in Illinois at

his or her residence address, the application shall be marked

as incomplete.

(f) For each completed and signed application that

constitutes an application to register to vote in Illinois or

provides for a change in the applicant's registered residence

address or name, the Office of the Secretary of State shall

electronically transmit to the State Board of Elections

personal information needed to complete the person's

registration to vote in Illinois at his or her residence

address. The application to register to vote shall be

processed in accordance with Section 1A-16.7.

(g) If the federal REAL ID Act of 2005 is repealed,

abrogated, superseded, or otherwise no longer in effect, then

the State Board of Elections shall establish criteria for

determining reliable personal information indicating

citizenship status and shall adopt rules as necessary for the

Secretary of State to continue processing dual-purpose

applications under this Section.

(h) As used in this Section, "dual-purpose application"

means an application, an application for renewal, a change of

address form, or a recertification form for driver's license

or permit, other than a temporary visitor's driver's license,

or a State identification card offered by the Secretary of

State that also serves as an application to register to vote in

Illinois. "Dual-purpose application" does not mean an

application under subsection (c) of Section 6-109 of the

Illinois Vehicle Code.

(Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.)

(Text of Section after amendment by P.A. 103-210)

Sec. 1A-16.1. Automatic voter registration; Secretary of

State.

(a) The Office of the Secretary of State and the State

Board of Elections, pursuant to an interagency contract and

jointly adopted jointly-adopted rules, shall establish an

automatic voter registration program that satisfies the

requirements of this Section and other applicable law.

(b) If an application, an application for renewal, a

change of address form, or a recertification form for a

driver's license or a State identification card issued by the

Office of the Secretary of State meets the requirements of the

federal REAL ID Act of 2005, then that application shall serve

as a dual-purpose application. The dual-purpose application

shall:

(1) also serve as an application to register to vote

in Illinois;

(2) allow an applicant to change his or her registered

residence address or name as it appears on the voter

registration rolls;

(3) provide the applicant with an opportunity to

affirmatively decline to register to vote or to change his

or her registered residence address or name by providing a

check box on the application form without requiring the

applicant to state the reason; and

(4) unless the applicant declines to register to vote

or change his or her registered residence address or name,

require the applicant to attest, by signature under

penalty of perjury as described in subsection (e) of this

Section, to meeting the qualifications to register to vote

in Illinois at his or her residence address as indicated

on his or her driver's license or identification card

dual-purpose application.

(b-5) If an application, an application for renewal, a

change of address form, or a recertification form for a

driver's license or a State identification card issued by the

Office of the Secretary of State, other than an application or

form that pertains to a standard driver's license or

identification card and does not list a social security number

for the applicant, does not meet the requirements of the

federal REAL ID Act of 2005, then that application shall serve

as a dual-purpose application. The dual-purpose application

shall:

(1) also serve as an application to register to vote

in Illinois;

(2) allow an applicant to change his or her registered

residence address or name as it appears on the voter

registration rolls; and

(3) if the applicant chooses to register to vote or to

change his or her registered residence address or name,

then require the applicant to attest, by a separate

signature under penalty of perjury, to meeting the

qualifications to register to vote in Illinois at his or

her residence address as indicated on his or her

dual-purpose application.

(b-10) The Office of the Secretary of State shall clearly

and conspicuously inform each applicant in writing: (i) of the

qualifications to register to vote in Illinois, (ii) of the

penalties provided by law for submission of a false voter

registration application, (iii) that, unless the applicant

declines to register to vote or update his or her voter

registration, his or her dual-purpose application shall also

serve as both an application to register to vote and his or her

attestation that he or she meets the eligibility requirements

for voter registration, and that his or her application to

register to vote or update his or her registration will be

transmitted to the State Board of Elections for the purpose of

registering the person to vote at the residence address to be

indicated on his or her driver's license or identification

card, and (iv) that declining to register to vote is

confidential and will not affect any services the person may

be seeking from the Office of the Secretary of State.

(c) The Office of the Secretary of State shall review

information provided to the Office of the Secretary of State

by the State Board of Elections to inform each applicant for a

driver's license or permit or a State identification card

issued by the Office of the Secretary of State, other than an

application or form that pertains to a standard driver's

license or identification card and does not list a social

security number for the applicant, whether the applicant is

currently registered to vote in Illinois and, if registered,

at what address.

(d) The Office of the Secretary of State shall not require

an applicant for a driver's license or State identification

card to provide duplicate identification or information in

order to complete an application to register to vote or change

his or her registered residence address or name. Before

transmitting any personal information about an applicant to

the State Board of Elections, the Office of the Secretary of

State shall review its records of the identification documents

the applicant provided in order to complete the application

for a driver's license or State identification card, to

confirm that nothing in those documents indicates that the

applicant does not satisfy the qualifications to register to

vote in Illinois at his or her residence address.

(e) A completed, signed application for (i) a driver's

license or permit or a State identification card issued by the

Office of the Secretary of State, that meets the requirements

of the federal REAL ID Act of 2005; or (ii) a completed

application under subsection (b-5) of this Section with a

separate signature attesting the applicant meets the

qualifications to register to vote in Illinois at his or her

residence address as indicated on his or her application shall

constitute a signed application to register to vote in

Illinois at the residence address indicated in the application

unless the person affirmatively declined in the application to

register to vote or to change his or her registered residence

address or name. If the identification documents provided to

complete the dual-purpose application indicate that he or she

does not satisfy the qualifications to register to vote in

Illinois at his or her residence address, the application

shall be marked as incomplete.

(f) For each completed and signed application that

constitutes an application to register to vote in Illinois or

provides for a change in the applicant's registered residence

address or name, the Office of the Secretary of State shall

electronically transmit to the State Board of Elections

personal information needed to complete the person's

registration to vote in Illinois at his or her residence

address. The application to register to vote shall be

processed in accordance with Section 1A-16.7.

(g) If the federal REAL ID Act of 2005 is repealed,

abrogated, superseded, or otherwise no longer in effect, then

the State Board of Elections shall establish criteria for

determining reliable personal information indicating

citizenship status and shall adopt rules as necessary for the

Secretary of State to continue processing dual-purpose

applications under this Section.

(h) As used in this Section, "dual-purpose application"

means an application, an application for renewal, a change of

address form, or a recertification form for driver's license

or permit or a State identification card offered by the

Secretary of State, other than an application or form that

pertains to a standard driver's license or identification card

and does not list a social security number for the applicant,

that also serves as an application to register to vote in

Illinois. "Dual-purpose application" does not mean an

application under subsection (c) of Section 6-109 of the

Illinois Vehicle Code.

(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)

(10 ILCS 5/24B-9.1)

Sec. 24B-9.1. Examination of votes Votes by electronic

Electronic Precinct Tabulation Optical Scan Technology

Scanning Process or other authorized electronic process;

definition of a vote.

(a) Examination of Votes by Electronic Precinct Tabulation

Optical Scan Technology Scanning Process. Whenever a Precinct

Tabulation Optical Scan Technology process is used to

automatically examine and count the votes on ballot sheets,

the provisions of this Section shall apply. A voter shall cast

a proper vote on a ballot sheet by making a mark, or causing a

mark to be made, in the designated area for the casting of a

vote for any party or candidate or for or against any

proposition. For this purpose, a mark is an intentional

darkening of the designated area on the ballot, and not an

identifying mark.

(b) For any ballot sheet that does not register a vote for

one or more ballot positions on the ballot sheet on an

electronic a Electronic Precinct Tabulation Optical Scan

Technology Scanning Process, the following shall constitute a

vote on the ballot sheet:

(1) the designated area for casting a vote for a

particular ballot position on the ballot sheet is fully

darkened or shaded in;

(2) the designated area for casting a vote for a

particular ballot position on the ballot sheet is

partially darkened or shaded in;

(3) the designated area for casting a vote for a

particular ballot position on the ballot sheet contains a

dot or ".", a check, or a plus or "+";

(4) the designated area for casting a vote for a

particular ballot position on the ballot sheet contains

some other type of mark that indicates the clearly

ascertainable intent of the voter to vote based on the

totality of the circumstances, including, but not limited

to, any pattern or frequency of marks on other ballot

positions from the same ballot sheet; or

(5) the designated area for casting a vote for a

particular ballot position on the ballot sheet is not

marked, but the ballot sheet contains other markings

associated with a particular ballot position, such as

circling a candidate's name, that indicates the clearly

ascertainable intent of the voter to vote, based on the

totality of the circumstances, including, but not limited

to, any pattern or frequency of markings on other ballot

positions from the same ballot sheet.

(c) For other electronic voting systems that use a

computer as the marking device to mark a ballot sheet, the bar

code found on the ballot sheet shall constitute the votes

found on the ballot. If, however, the county clerk or board of

election commissioners determines that the votes represented

by the tally on the bar code for one or more ballot positions

is inconsistent with the votes represented by numerical ballot

positions identified on the ballot sheet produced using a

computer as the marking device, then the numerical ballot

positions identified on the ballot sheet shall constitute the

votes for purposes of any official canvass or recount

proceeding. An electronic voting system that uses a computer

as the marking device to mark a ballot sheet shall be capable

of producing a ballot sheet that contains all numerical ballot

positions selected by the voter, and provides a place for the

voter to cast a write-in vote for a candidate for a particular

numerical ballot position.

(d) The election authority shall provide an envelope,

sleeve, or other device to each voter so the voter can deliver

the voted ballot sheet to the counting equipment and ballot

box without the votes indicated on the ballot sheet being

visible to other persons in the polling place.

(Source: P.A. 95-331, eff. 8-21-07; revised 9-25-23.)

Section 40. The Illinois Identification Card Act is

amended by changing Sections 1A and 4 as follows:

(15 ILCS 335/1A)

(Text of Section before amendment by P.A. 103-210)

Sec. 1A. Definitions. As used in this Act:

"Highly restricted personal information" means an

individual's photograph, signature, social security number,

and medical or disability information.

"Identification card making implement" means any material,

hardware, or software that is specifically designed for or

primarily used in the manufacture, assembly, issuance, or

authentication of an official identification card issued by

the Secretary of State.

"Fraudulent identification card" means any identification

card that purports to be an official identification card for

which a computerized number and file have not been created by

the Secretary of State, the United States Government or any

state or political subdivision thereof, or any governmental or

quasi-governmental organization. For the purpose of this Act,

any identification card that resembles an official

identification card in either size, color, photograph

location, or design or uses the word "official", "state",

"Illinois", or the name of any other state or political

subdivision thereof, or any governmental or quasi-governmental

organization individually or in any combination thereof to

describe or modify the term "identification card" or "I.D.

card" anywhere on the card, or uses a shape in the likeness of

Illinois or any other state on the photograph side of the card,

is deemed to be a fraudulent identification card unless the

words "This is not an official Identification Card", appear

prominently upon it in black colored lettering in 12-point

type on the photograph side of the card, and no such card shall

be smaller in size than 3 inches by 4 inches, and the

photograph shall be on the left side of the card only.

"Legal name" means the full given name and surname of an

individual as recorded at birth, recorded at marriage, or

deemed as the correct legal name for use in reporting income by

the Social Security Administration or the name as otherwise

established through legal action that appears on the

associated official document presented to the Secretary of

State.

"Personally identifying information" means information

that identifies an individual, including his or her

identification card number, name, address (but not the 5-digit

zip code), date of birth, height, weight, hair color, eye

color, email address, and telephone number.

"Homeless person" or "homeless individual" has the same

meaning as defined by the federal McKinney-Vento Homeless

Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).

"Youth for whom the Department of Children and Family

Services is legally responsible" or "foster child" means a

child or youth whose guardianship or custody has been accepted

by the Department of Children and Family Services pursuant to

the Juvenile Court Act of 1987, the Children and Family

Services Act, the Abused and Neglected Child Reporting Act,

and the Adoption Act. This applies to children for whom the

Department of Children and Family Services has temporary

protective custody, custody or guardianship via court order,

or children whose parents have signed an adoptive surrender or

voluntary placement agreement with the Department.

"REAL ID compliant identification card" means a standard

Illinois Identification Card or Illinois Person with a

Disability Identification Card issued in compliance with the

REAL ID Act and implementing regulations. REAL ID compliant

identification cards shall bear a security marking approved by

the United States Department of Homeland Security.

"Non-compliant identification card" means a standard

Illinois Identification Card or Illinois Person with a

Disability Identification Card issued in a manner which is not

compliant with the REAL ID Act and implementing regulations.

Non-compliant identification cards shall be marked "Not for

Federal Identification" and shall have a color or design

different from the REAL ID compliant identification card.

"Limited Term REAL ID compliant identification card" means

a REAL ID compliant identification card issued to a person who

is persons who are not a permanent resident residents or

citizen citizens of the United States, and marked "Limited

Term" on the face of the card.

(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;

101-326, eff. 8-9-19; revised 9-20-23.)

(Text of Section after amendment by P.A. 103-210)

Sec. 1A. Definitions. As used in this Act:

"Highly restricted personal information" means an

individual's photograph, signature, social security number,

and medical or disability information.

"Identification card making implement" means any material,

hardware, or software that is specifically designed for or

primarily used in the manufacture, assembly, issuance, or

authentication of an official identification card issued by

the Secretary of State.

"Fraudulent identification card" means any identification

card that purports to be an official identification card for

which a computerized number and file have not been created by

the Secretary of State, the United States Government or any

state or political subdivision thereof, or any governmental or

quasi-governmental organization. For the purpose of this Act,

any identification card that resembles an official

identification card in either size, color, photograph

location, or design or uses the word "official", "state",

"Illinois", or the name of any other state or political

subdivision thereof, or any governmental or quasi-governmental

organization individually or in any combination thereof to

describe or modify the term "identification card" or "I.D.

card" anywhere on the card, or uses a shape in the likeness of

Illinois or any other state on the photograph side of the card,

is deemed to be a fraudulent identification card unless the

words "This is not an official Identification Card", appear

prominently upon it in black colored lettering in 12-point

type on the photograph side of the card, and no such card shall

be smaller in size than 3 inches by 4 inches, and the

photograph shall be on the left side of the card only.

"Legal name" means the full given name and surname of an

individual as recorded at birth, recorded at marriage, or

deemed as the correct legal name for use in reporting income by

the Social Security Administration or the name as otherwise

established through legal action that appears on the

associated official document presented to the Secretary of

State.

"Personally identifying information" means information

that identifies an individual, including his or her

identification card number, name, address (but not the 5-digit

zip code), date of birth, height, weight, hair color, eye

color, email address, and telephone number.

"Homeless person" or "homeless individual" has the same

meaning as defined by the federal McKinney-Vento Homeless

Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).

"Youth for whom the Department of Children and Family

Services is legally responsible" or "foster child" means a

child or youth whose guardianship or custody has been accepted

by the Department of Children and Family Services pursuant to

the Juvenile Court Act of 1987, the Children and Family

Services Act, the Abused and Neglected Child Reporting Act,

and the Adoption Act. This applies to children for whom the

Department of Children and Family Services has temporary

protective custody, custody or guardianship via court order,

or children whose parents have signed an adoptive surrender or

voluntary placement agreement with the Department.

"REAL ID compliant identification card" means a standard

Illinois Identification Card or Illinois Person with a

Disability Identification Card issued in compliance with the

REAL ID Act and implementing regulations. REAL ID compliant

identification cards shall bear a security marking approved by

the United States Department of Homeland Security.

"Standard identification card" means a standard Illinois

Identification Card or Illinois Person with a Disability

Identification Card issued in a manner which is not compliant

with the REAL ID Act and implementing regulations. Standard

identification cards shall be marked "Federal Limits Apply"

and shall have a color or design different from the REAL ID

compliant identification card.

"Limited Term REAL ID compliant identification card" means

a REAL ID compliant identification card that is issued to a

person who is persons who are not a permanent resident

residents or citizen citizens of the United States, or an

individual who has an approved application for asylum in the

United States or has entered the United States in refugee

status, and is marked "Limited Term" on the face of the card.

(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)

(15 ILCS 335/4)

(Text of Section before amendment by P.A. 103-210)

Sec. 4. Identification card.

(a) The Secretary of State shall issue a standard Illinois

Identification Card to any natural person who is a resident of

the State of Illinois who applies for such card, or renewal

thereof. No identification card shall be issued to any person

who holds a valid foreign state identification card, license,

or permit unless the person first surrenders to the Secretary

of State the valid foreign state identification card, license,

or permit. The card shall be prepared and supplied by the

Secretary of State and shall include a photograph and

signature or mark of the applicant. However, the Secretary of

State may provide by rule for the issuance of Illinois

Identification Cards without photographs if the applicant has

a bona fide religious objection to being photographed or to

the display of his or her photograph. The Illinois

Identification Card may be used for identification purposes in

any lawful situation only by the person to whom it was issued.

As used in this Act, "photograph" means any color photograph

or digitally produced and captured image of an applicant for

an identification card. As used in this Act, "signature" means

the name of a person as written by that person and captured in

a manner acceptable to the Secretary of State.

(a-5) If an applicant for an identification card has a

current driver's license or instruction permit issued by the

Secretary of State, the Secretary may require the applicant to

utilize the same residence address and name on the

identification card, driver's license, and instruction permit

records maintained by the Secretary. The Secretary may

promulgate rules to implement this provision.

(a-10) If the applicant is a judicial officer as defined

in Section 1-10 of the Judicial Privacy Act or a peace officer,

the applicant may elect to have his or her office or work

address listed on the card instead of the applicant's

residence or mailing address. The Secretary may promulgate

rules to implement this provision. For the purposes of this

subsection (a-10), "peace officer" means any person who by

virtue of his or her office or public employment is vested by

law with a duty to maintain public order or to make arrests for

a violation of any penal statute of this State, whether that

duty extends to all violations or is limited to specific

violations.

(a-15) The Secretary of State may provide for an expedited

process for the issuance of an Illinois Identification Card.

The Secretary shall charge an additional fee for the expedited

issuance of an Illinois Identification Card, to be set by

rule, not to exceed $75. All fees collected by the Secretary

for expedited Illinois Identification Card service shall be

deposited into the Secretary of State Special Services Fund.

The Secretary may adopt rules regarding the eligibility,

process, and fee for an expedited Illinois Identification

Card. If the Secretary of State determines that the volume of

expedited identification card requests received on a given day

exceeds the ability of the Secretary to process those requests

in an expedited manner, the Secretary may decline to provide

expedited services, and the additional fee for the expedited

service shall be refunded to the applicant.

(a-20) The Secretary of State shall issue a standard

Illinois Identification Card to a person committed to the

Department of Corrections or Department of Juvenile Justice

upon receipt of the person's birth certificate, social

security card, photograph, proof of residency upon discharge,

and an identification card application transferred via a

secure method as agreed upon by the Secretary and the

Department of Corrections or Department of Juvenile Justice.

Illinois residency shall be established by submission of a

Secretary of State prescribed Identification Card verification

form completed by the respective Department.

(a-25) The Secretary of State shall issue a limited-term

Illinois Identification Card valid for 90 days to a committed

person upon release on parole, mandatory supervised release,

aftercare release, final discharge, or pardon from the

Department of Corrections or Department of Juvenile Justice,

if the released person is unable to present a certified copy of

his or her birth certificate and social security card or other

documents authorized by the Secretary, but does present a

Secretary of State prescribed Identification Card verification

form completed by the Department of Corrections or Department

of Juvenile Justice, verifying the released person's date of

birth, social security number, and his or her Illinois

residence address. The verification form must have been

completed no more than 30 days prior to the date of application

for the Illinois Identification Card.

Prior to the expiration of the 90-day period of the

limited-term Illinois Identification Card, if the released

person submits to the Secretary of State a certified copy of

his or her birth certificate and his or her social security

card or other documents authorized by the Secretary, a

standard Illinois Identification Card shall be issued. A

limited-term Illinois Identification Card may not be renewed.

(a-30) The Secretary of State shall issue a standard

Illinois Identification Card to a person upon conditional

release or absolute discharge from the custody of the

Department of Human Services, if the person presents a

certified copy of his or her birth certificate, social

security card, or other documents authorized by the Secretary,

and a document proving his or her Illinois residence address.

The Secretary of State shall issue a standard Illinois

Identification Card to a person prior to his or her

conditional release or absolute discharge if personnel from

the Department of Human Services bring the person to a

Secretary of State location with the required documents.

Documents proving residence address may include any official

document of the Department of Human Services showing the

person's address after release and a Secretary of State

prescribed verification form, which may be executed by

personnel of the Department of Human Services.

(a-35) The Secretary of State shall issue a limited-term

Illinois Identification Card valid for 90 days to a person

upon conditional release or absolute discharge from the

custody of the Department of Human Services, if the person is

unable to present a certified copy of his or her birth

certificate and social security card or other documents

authorized by the Secretary, but does present a Secretary of

State prescribed verification form completed by the Department

of Human Services, verifying the person's date of birth and

social security number, and a document proving his or her

Illinois residence address. The verification form must have

been completed no more than 30 days prior to the date of

application for the Illinois Identification Card. The

Secretary of State shall issue a limited-term Illinois

Identification Card to a person no sooner than 14 days prior to

his or her conditional release or absolute discharge if

personnel from the Department of Human Services bring the

person to a Secretary of State location with the required

documents. Documents proving residence address shall include

any official document of the Department of Human Services

showing the person's address after release and a Secretary of

State prescribed verification form, which may be executed by

personnel of the Department of Human Services.

(b) The Secretary of State shall issue a special Illinois

Identification Card, which shall be known as an Illinois

Person with a Disability Identification Card, to any natural

person who is a resident of the State of Illinois, who is a

person with a disability as defined in Section 4A of this Act,

who applies for such card, or renewal thereof. No Illinois

Person with a Disability Identification Card shall be issued

to any person who holds a valid foreign state identification

card, license, or permit unless the person first surrenders to

the Secretary of State the valid foreign state identification

card, license, or permit. The Secretary of State shall charge

no fee to issue such card. The card shall be prepared and

supplied by the Secretary of State, and shall include a

photograph and signature or mark of the applicant, a

designation indicating that the card is an Illinois Person

with a Disability Identification Card, and shall include a

comprehensible designation of the type and classification of

the applicant's disability as set out in Section 4A of this

Act. However, the Secretary of State may provide by rule for

the issuance of Illinois Person with a Disability

Identification Cards without photographs if the applicant has

a bona fide religious objection to being photographed or to

the display of his or her photograph. If the applicant so

requests, the card shall include a description of the

applicant's disability and any information about the

applicant's disability or medical history which the Secretary

determines would be helpful to the applicant in securing

emergency medical care. If a mark is used in lieu of a

signature, such mark shall be affixed to the card in the

presence of two witnesses who attest to the authenticity of

the mark. The Illinois Person with a Disability Identification

Card may be used for identification purposes in any lawful

situation by the person to whom it was issued.

The Illinois Person with a Disability Identification Card

may be used as adequate documentation of disability in lieu of

a physician's determination of disability, a determination of

disability from a physician assistant, a determination of

disability from an advanced practice registered nurse, or any

other documentation of disability whenever any State law

requires that a person with a disability provide such

documentation of disability, however an Illinois Person with a

Disability Identification Card shall not qualify the

cardholder to participate in any program or to receive any

benefit which is not available to all persons with like

disabilities. Notwithstanding any other provisions of law, an

Illinois Person with a Disability Identification Card, or

evidence that the Secretary of State has issued an Illinois

Person with a Disability Identification Card, shall not be

used by any person other than the person named on such card to

prove that the person named on such card is a person with a

disability or for any other purpose unless the card is used for

the benefit of the person named on such card, and the person

named on such card consents to such use at the time the card is

so used.

An optometrist's determination of a visual disability

under Section 4A of this Act is acceptable as documentation

for the purpose of issuing an Illinois Person with a

Disability Identification Card.

When medical information is contained on an Illinois

Person with a Disability Identification Card, the Office of

the Secretary of State shall not be liable for any actions

taken based upon that medical information.

(c) The Secretary of State shall provide that each

original or renewal Illinois Identification Card or Illinois

Person with a Disability Identification Card issued to a

person under the age of 21 shall be of a distinct nature from

those Illinois Identification Cards or Illinois Person with a

Disability Identification Cards issued to individuals 21 years

of age or older. The color designated for Illinois

Identification Cards or Illinois Person with a Disability

Identification Cards for persons under the age of 21 shall be

at the discretion of the Secretary of State.

(c-1) Each original or renewal Illinois Identification

Card or Illinois Person with a Disability Identification Card

issued to a person under the age of 21 shall display the date

upon which the person becomes 18 years of age and the date upon

which the person becomes 21 years of age.

(c-3) The General Assembly recognizes the need to identify

military veterans living in this State for the purpose of

ensuring that they receive all of the services and benefits to

which they are legally entitled, including healthcare,

education assistance, and job placement. To assist the State

in identifying these veterans and delivering these vital

services and benefits, the Secretary of State is authorized to

issue Illinois Identification Cards and Illinois Person with a

Disability Identification Cards with the word "veteran"

appearing on the face of the cards. This authorization is

predicated on the unique status of veterans. The Secretary may

not issue any other identification card which identifies an

occupation, status, affiliation, hobby, or other unique

characteristics of the identification card holder which is

unrelated to the purpose of the identification card.

(c-5) Beginning on or before July 1, 2015, the Secretary

of State shall designate a space on each original or renewal

identification card where, at the request of the applicant,

the word "veteran" shall be placed. The veteran designation

shall be available to a person identified as a veteran under

subsection (b) of Section 5 of this Act who was discharged or

separated under honorable conditions.

(d) The Secretary of State may issue a Senior Citizen

discount card, to any natural person who is a resident of the

State of Illinois who is 60 years of age or older and who

applies for such a card or renewal thereof. The Secretary of

State shall charge no fee to issue such card. The card shall be

issued in every county and applications shall be made

available at, but not limited to, nutrition sites, senior

citizen centers and Area Agencies on Aging. The applicant,

upon receipt of such card and prior to its use for any purpose,

shall have affixed thereon in the space provided therefor his

signature or mark.

(e) The Secretary of State, in his or her discretion, may

designate on each Illinois Identification Card or Illinois

Person with a Disability Identification Card a space where the

card holder may place a sticker or decal, issued by the

Secretary of State, of uniform size as the Secretary may

specify, that shall indicate in appropriate language that the

card holder has renewed his or her Illinois Identification

Card or Illinois Person with a Disability Identification Card.

(Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.)

(Text of Section after amendment by P.A. 103-210)

Sec. 4. Identification card.

(a) The Secretary of State shall issue a standard Illinois

Identification Card to any natural person who is a resident of

the State of Illinois who applies for such card, or renewal

thereof. No identification card shall be issued to any person

who holds a valid foreign state identification card, license,

or permit unless the person first surrenders to the Secretary

of State the valid foreign state identification card, license,

or permit. The card shall be prepared and supplied by the

Secretary of State and shall include a photograph and

signature or mark of the applicant. However, the Secretary of

State may provide by rule for the issuance of Illinois

Identification Cards without photographs if the applicant has

a bona fide religious objection to being photographed or to

the display of his or her photograph. The Illinois

Identification Card may be used for identification purposes in

any lawful situation only by the person to whom it was issued.

As used in this Act, "photograph" means any color photograph

or digitally produced and captured image of an applicant for

an identification card. As used in this Act, "signature" means

the name of a person as written by that person and captured in

a manner acceptable to the Secretary of State.

(a-5) If an applicant for an identification card has a

current driver's license or instruction permit issued by the

Secretary of State, the Secretary may require the applicant to

utilize the same residence address and name on the

identification card, driver's license, and instruction permit

records maintained by the Secretary. The Secretary may

promulgate rules to implement this provision.

(a-10) If the applicant is a judicial officer as defined

in Section 1-10 of the Judicial Privacy Act or a peace officer,

the applicant may elect to have his or her office or work

address listed on the card instead of the applicant's

residence or mailing address. The Secretary may promulgate

rules to implement this provision. For the purposes of this

subsection (a-10), "peace officer" means any person who by

virtue of his or her office or public employment is vested by

law with a duty to maintain public order or to make arrests for

a violation of any penal statute of this State, whether that

duty extends to all violations or is limited to specific

violations.

(a-15) The Secretary of State may provide for an expedited

process for the issuance of an Illinois Identification Card.

The Secretary shall charge an additional fee for the expedited

issuance of an Illinois Identification Card, to be set by

rule, not to exceed $75. All fees collected by the Secretary

for expedited Illinois Identification Card service shall be

deposited into the Secretary of State Special Services Fund.

The Secretary may adopt rules regarding the eligibility,

process, and fee for an expedited Illinois Identification

Card. If the Secretary of State determines that the volume of

expedited identification card requests received on a given day

exceeds the ability of the Secretary to process those requests

in an expedited manner, the Secretary may decline to provide

expedited services, and the additional fee for the expedited

service shall be refunded to the applicant.

(a-20) The Secretary of State shall issue a standard

Illinois Identification Card to a person committed to the

Department of Corrections or Department of Juvenile Justice

upon receipt of the person's birth certificate, social

security card, if the person has a social security number,

photograph, proof of residency upon discharge, and an

identification card application transferred via a secure

method as agreed upon by the Secretary and the Department of

Corrections or Department of Juvenile Justice, if the person

has a social security number,. Illinois residency shall be

established by submission of a Secretary of State prescribed

Identification Card verification form completed by the

respective Department.

(a-25) The Secretary of State shall issue a limited-term

Illinois Identification Card valid for 90 days to a committed

person upon release on parole, mandatory supervised release,

aftercare release, final discharge, or pardon from the

Department of Corrections or Department of Juvenile Justice,

if the released person is unable to present a certified copy of

his or her birth certificate and social security card, if the

person has a social security number, or other documents

authorized by the Secretary, but does present a Secretary of

State prescribed Identification Card verification form

completed by the Department of Corrections or Department of

Juvenile Justice, verifying the released person's date of

birth, social security number, if the person has a social

security number, and his or her Illinois residence address.

The verification form must have been completed no more than 30

days prior to the date of application for the Illinois

Identification Card.

Prior to the expiration of the 90-day period of the

limited-term Illinois Identification Card, if the released

person submits to the Secretary of State a certified copy of

his or her birth certificate and his or her social security

card, if the person has a social security number, or other

documents authorized by the Secretary, a standard Illinois

Identification Card shall be issued. A limited-term Illinois

Identification Card may not be renewed.

(a-30) The Secretary of State shall issue a standard

Illinois Identification Card to a person upon conditional

release or absolute discharge from the custody of the

Department of Human Services, if the person presents a

certified copy of his or her birth certificate, social

security card, if the person has a social security number, or

other documents authorized by the Secretary, and a document

proving his or her Illinois residence address. The Secretary

of State shall issue a standard Illinois Identification Card

to a person prior to his or her conditional release or absolute

discharge if personnel from the Department of Human Services

bring the person to a Secretary of State location with the

required documents. Documents proving residence address may

include any official document of the Department of Human

Services showing the person's address after release and a

Secretary of State prescribed verification form, which may be

executed by personnel of the Department of Human Services.

(a-35) The Secretary of State shall issue a limited-term

Illinois Identification Card valid for 90 days to a person

upon conditional release or absolute discharge from the

custody of the Department of Human Services, if the person is

unable to present a certified copy of his or her birth

certificate and social security card, if the person has a

social security number, or other documents authorized by the

Secretary, but does present a Secretary of State prescribed

verification form completed by the Department of Human

Services, verifying the person's date of birth and social

security number, if the person has a social security number,

and a document proving his or her Illinois residence address.

The verification form must have been completed no more than 30

days prior to the date of application for the Illinois

Identification Card. The Secretary of State shall issue a

limited-term Illinois Identification Card to a person no

sooner than 14 days prior to his or her conditional release or

absolute discharge if personnel from the Department of Human

Services bring the person to a Secretary of State location

with the required documents. Documents proving residence

address shall include any official document of the Department

of Human Services showing the person's address after release

and a Secretary of State prescribed verification form, which

may be executed by personnel of the Department of Human

Services.

(b) The Secretary of State shall issue a special Illinois

Identification Card, which shall be known as an Illinois

Person with a Disability Identification Card, to any natural

person who is a resident of the State of Illinois, who is a

person with a disability as defined in Section 4A of this Act,

who applies for such card, or renewal thereof. No Illinois

Person with a Disability Identification Card shall be issued

to any person who holds a valid foreign state identification

card, license, or permit unless the person first surrenders to

the Secretary of State the valid foreign state identification

card, license, or permit. The Secretary of State shall charge

no fee to issue such card. The card shall be prepared and

supplied by the Secretary of State, and shall include a

photograph and signature or mark of the applicant, a

designation indicating that the card is an Illinois Person

with a Disability Identification Card, and shall include a

comprehensible designation of the type and classification of

the applicant's disability as set out in Section 4A of this

Act. However, the Secretary of State may provide by rule for

the issuance of Illinois Person with a Disability

Identification Cards without photographs if the applicant has

a bona fide religious objection to being photographed or to

the display of his or her photograph. If the applicant so

requests, the card shall include a description of the

applicant's disability and any information about the

applicant's disability or medical history which the Secretary

determines would be helpful to the applicant in securing

emergency medical care. If a mark is used in lieu of a

signature, such mark shall be affixed to the card in the

presence of two witnesses who attest to the authenticity of

the mark. The Illinois Person with a Disability Identification

Card may be used for identification purposes in any lawful

situation by the person to whom it was issued.

The Illinois Person with a Disability Identification Card

may be used as adequate documentation of disability in lieu of

a physician's determination of disability, a determination of

disability from a physician assistant, a determination of

disability from an advanced practice registered nurse, or any

other documentation of disability whenever any State law

requires that a person with a disability provide such

documentation of disability, however an Illinois Person with a

Disability Identification Card shall not qualify the

cardholder to participate in any program or to receive any

benefit which is not available to all persons with like

disabilities. Notwithstanding any other provisions of law, an

Illinois Person with a Disability Identification Card, or

evidence that the Secretary of State has issued an Illinois

Person with a Disability Identification Card, shall not be

used by any person other than the person named on such card to

prove that the person named on such card is a person with a

disability or for any other purpose unless the card is used for

the benefit of the person named on such card, and the person

named on such card consents to such use at the time the card is

so used.

An optometrist's determination of a visual disability

under Section 4A of this Act is acceptable as documentation

for the purpose of issuing an Illinois Person with a

Disability Identification Card.

When medical information is contained on an Illinois

Person with a Disability Identification Card, the Office of

the Secretary of State shall not be liable for any actions

taken based upon that medical information.

(c) The Secretary of State shall provide that each

original or renewal Illinois Identification Card or Illinois

Person with a Disability Identification Card issued to a

person under the age of 21 shall be of a distinct nature from

those Illinois Identification Cards or Illinois Person with a

Disability Identification Cards issued to individuals 21 years

of age or older. The color designated for Illinois

Identification Cards or Illinois Person with a Disability

Identification Cards for persons under the age of 21 shall be

at the discretion of the Secretary of State.

(c-1) Each original or renewal Illinois Identification

Card or Illinois Person with a Disability Identification Card

issued to a person under the age of 21 shall display the date

upon which the person becomes 18 years of age and the date upon

which the person becomes 21 years of age.

(c-3) The General Assembly recognizes the need to identify

military veterans living in this State for the purpose of

ensuring that they receive all of the services and benefits to

which they are legally entitled, including healthcare,

education assistance, and job placement. To assist the State

in identifying these veterans and delivering these vital

services and benefits, the Secretary of State is authorized to

issue Illinois Identification Cards and Illinois Person with a

Disability Identification Cards with the word "veteran"

appearing on the face of the cards. This authorization is

predicated on the unique status of veterans. The Secretary may

not issue any other identification card which identifies an

occupation, status, affiliation, hobby, or other unique

characteristics of the identification card holder which is

unrelated to the purpose of the identification card.

(c-5) Beginning on or before July 1, 2015, the Secretary

of State shall designate a space on each original or renewal

identification card where, at the request of the applicant,

the word "veteran" shall be placed. The veteran designation

shall be available to a person identified as a veteran under

subsection (b) of Section 5 of this Act who was discharged or

separated under honorable conditions.

(d) The Secretary of State may issue a Senior Citizen

discount card, to any natural person who is a resident of the

State of Illinois who is 60 years of age or older and who

applies for such a card or renewal thereof. The Secretary of

State shall charge no fee to issue such card. The card shall be

issued in every county and applications shall be made

available at, but not limited to, nutrition sites, senior

citizen centers and Area Agencies on Aging. The applicant,

upon receipt of such card and prior to its use for any purpose,

shall have affixed thereon in the space provided therefor his

signature or mark.

(e) The Secretary of State, in his or her discretion, may

designate on each Illinois Identification Card or Illinois

Person with a Disability Identification Card a space where the

card holder may place a sticker or decal, issued by the

Secretary of State, of uniform size as the Secretary may

specify, that shall indicate in appropriate language that the

card holder has renewed his or her Illinois Identification

Card or Illinois Person with a Disability Identification Card.

(Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;

103-345, eff. 1-1-24; revised 12-12-23.)

Section 45. The State Treasurer Employment Code is amended

by changing Section 7a as follows:

(15 ILCS 510/7a) (from Ch. 130, par. 107a)

Sec. 7a. Terms; compensation Terms - compensation. Members

of the Personnel Review Board shall initially be appointed as

follows:

(a) One member to serve for 2 years and until a

successor is appointed;

(b) One member to serve for 4 years and until a

successor is appointed; and

(c) One member to serve for 6 years and until a

successor is appointed.

Thereafter, members of the Board shall be appointed by the

Treasurer for 6-year 6 year terms with the advice and consent

of the Senate. One member of the Board shall be appointed a

chairperson for a 2-year 2 year term. Members of the Board

shall each be paid $100 for each day they are engaged in the

business of the Board and shall be reimbursed for their

expenses when engaged in such business.

(Source: P.A. 103-152, eff. 6-30-23; revised 9-20-23.)

Section 50. The Civil Administrative Code of Illinois is

amended by changing Section 5-222 as follows:

(20 ILCS 5/5-222)

Sec. 5-222. Director of the Illinois Power Agency. The

Director of the Illinois Power Agency must have at least 10

years of combined experience in the electric industry,

electricity policy, or electricity markets and must possess:

(i) general knowledge of the responsibilities of being a

director, (ii) managerial experience, and (iii) an advanced

degree in economics, risk management, law, business,

engineering, or a related field. The Director of the Illinois

Power Agency must have experience with the renewable energy

industry and understanding of the programs established by

Public Act 102-662 intended to promote equity in the renewable

energy industry.

(Source: P.A. 102-1123, eff. 1-27-23; revised 4-4-23.)

Section 55. The Data Governance and Organization to

Support Equity and Racial Justice Act is amended by changing

Section 20-15 as follows:

(20 ILCS 65/20-15)

Sec. 20-15. Data governance and organization to support

equity and racial justice.

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

the Board and the Department shall report statistical data on

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

orientation, gender identity, and primary or preferred

language demographics of program participants for each major

program administered by the Board or the Department, except as

provided in subsection (a-5). Except as provided in subsection

(b), when reporting the data required under this Section, the

Board or the Department shall use the same racial and ethnic

classifications for each program, which shall include, but not

be limited to, the following:

(1) American Indian and Alaska Native alone.

(2) Asian alone.

(3) Black or African American alone.

(4) Hispanic or Latino of any race.

(5) Native Hawaiian and Other Pacific Islander alone.

(6) White alone.

(7) Middle Eastern or North African.

(8) Some other race alone.

(9) Two or more races.

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

the racial and ethnic classifications, including, if

necessary, a classification of "No Race Specified".

(a-5) In relation to major program participants, the Board

shall not be required to collect personally identifiable

information and report statistical data on the categories of

sex, sexual orientation, and gender identity unless required

for federal reporting. The Board shall make available reports

on its Internet website, posted where other mandated reports

are posted, of statistical data on sex, sexual orientation,

and gender identity demographics through anonymous surveys or

other methods as age and developmentally appropriate.

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

Department is subject to federal reporting requirements that

include the collection and public reporting of statistical

data on the racial and ethnic demographics of program

participants, the Department may maintain the same racial and

ethnic classifications used under the federal requirements if

such classifications differ from the classifications listed in

subsection (a).

(c) The Department of Innovation and Technology shall

assist the Board and the Department by establishing common

technological processes and procedures for the Board and the

Department to:

(1) Catalog data.

(2) Identify similar fields in datasets.

(3) Manage data requests.

(4) Share data.

(5) Collect data.

(6) Improve and clean data.

(7) Match data across the Board and Departments.

(8) Develop research and analytic agendas.

(9) Report on program participation disaggregated by

race and ethnicity.

(10) Evaluate equitable outcomes for underserved

populations in Illinois.

(11) Define common roles for data management.

(12) Ensure that all major programs can report

disaggregated data by race, ethnicity, age, sex,

disability status, sexual orientation, and gender

identity, and primary or preferred language.

The Board and the Department shall use the common

technological processes and procedures established by the

Department of Innovation and Technology.

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

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

the Board or the Department shall state the reasons for the

delay under the reporting requirements.

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

Department shall provide a progress report to the General

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

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

status, sexual orientation, gender identity, and primary or

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

extent possible, the datasets and programs that are

outstanding for each agency and the datasets that are planned

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

year thereafter, the Board and the Department shall provide an

updated report to the General Assembly.

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

Office shall provide a plan to establish processes for input

from the Board and the Department into processes outlined in

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

data interoperability within the Department and the governance

established to support the P-20 Longitudinal Education Data

System enacted by Public Act 96-107.

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

the rights granted to individuals or data sharing protections

established under existing State and federal data privacy and

security laws.

(Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23;

103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised

12-12-23.)

Section 60. The Illinois Act on the Aging is amended by

changing Section 4.02 as follows:

(20 ILCS 105/4.02)

Sec. 4.02. Community Care Program. The Department shall

establish a program of services to prevent unnecessary

institutionalization of persons age 60 and older in need of

long term care or who are established as persons who suffer

from Alzheimer's disease or a related disorder under the

Alzheimer's Disease Assistance Act, thereby enabling them to

remain in their own homes or in other living arrangements.

Such preventive services, which may be coordinated with other

programs for the aged and monitored by area agencies on aging

in cooperation with the Department, may include, but are not

limited to, any or all of the following:

(a) (blank);

(b) (blank);

(c) home care aide services;

(d) personal assistant services;

(e) adult day services;

(f) home-delivered meals;

(g) education in self-care;

(h) personal care services;

(i) adult day health services;

(j) habilitation services;

(k) respite care;

(k-5) community reintegration services;

(k-6) flexible senior services;

(k-7) medication management;

(k-8) emergency home response;

(l) other nonmedical social services that may enable

the person to become self-supporting; or

(m) clearinghouse for information provided by senior

citizen home owners who want to rent rooms to or share

living space with other senior citizens.

The Department shall establish eligibility standards for

such services. In determining the amount and nature of

services for which a person may qualify, consideration shall

not be given to the value of cash, property, or other assets

held in the name of the person's spouse pursuant to a written

agreement dividing marital property into equal but separate

shares or pursuant to a transfer of the person's interest in a

home to his spouse, provided that the spouse's share of the

marital property is not made available to the person seeking

such services.

Beginning January 1, 2008, the Department shall require as

a condition of eligibility that all new financially eligible

applicants apply for and enroll in medical assistance under

Article V of the Illinois Public Aid Code in accordance with

rules promulgated by the Department.

The Department shall, in conjunction with the Department

of Public Aid (now Department of Healthcare and Family

Services), seek appropriate amendments under Sections 1915 and

1924 of the Social Security Act. The purpose of the amendments

shall be to extend eligibility for home and community based

services under Sections 1915 and 1924 of the Social Security

Act to persons who transfer to or for the benefit of a spouse

those amounts of income and resources allowed under Section

1924 of the Social Security Act. Subject to the approval of

such amendments, the Department shall extend the provisions of

Section 5-4 of the Illinois Public Aid Code to persons who, but

for the provision of home or community-based services, would

require the level of care provided in an institution, as is

provided for in federal law. Those persons no longer found to

be eligible for receiving noninstitutional services due to

changes in the eligibility criteria shall be given 45 days

notice prior to actual termination. Those persons receiving

notice of termination may contact the Department and request

the determination be appealed at any time during the 45 day

notice period. The target population identified for the

purposes of this Section are persons age 60 and older with an

identified service need. Priority shall be given to those who

are at imminent risk of institutionalization. The services

shall be provided to eligible persons age 60 and older to the

extent that the cost of the services together with the other

personal maintenance expenses of the persons are reasonably

related to the standards established for care in a group

facility appropriate to the person's condition. These

non-institutional services, pilot projects, or experimental

facilities may be provided as part of or in addition to those

authorized by federal law or those funded and administered by

the Department of Human Services. The Departments of Human

Services, Healthcare and Family Services, Public Health,

Veterans' Affairs, and Commerce and Economic Opportunity and

other appropriate agencies of State, federal, and local

governments shall cooperate with the Department on Aging in

the establishment and development of the non-institutional

services. The Department shall require an annual audit from

all personal assistant and home care aide vendors contracting

with the Department under this Section. The annual audit shall

assure that each audited vendor's procedures are in compliance

with Department's financial reporting guidelines requiring an

administrative and employee wage and benefits cost split as

defined in administrative rules. The audit is a public record

under the Freedom of Information Act. The Department shall

execute, relative to the nursing home prescreening project,

written inter-agency agreements with the Department of Human

Services and the Department of Healthcare and Family Services,

to effect the following: (1) intake procedures and common

eligibility criteria for those persons who are receiving

non-institutional services; and (2) the establishment and

development of non-institutional services in areas of the

State where they are not currently available or are

undeveloped. On and after July 1, 1996, all nursing home

prescreenings for individuals 60 years of age or older shall

be conducted by the Department.

As part of the Department on Aging's routine training of

case managers and case manager supervisors, the Department may

include information on family futures planning for persons who

are age 60 or older and who are caregivers of their adult

children with developmental disabilities. The content of the

training shall be at the Department's discretion.

The Department is authorized to establish a system of

recipient copayment for services provided under this Section,

such copayment to be based upon the recipient's ability to pay

but in no case to exceed the actual cost of the services

provided. Additionally, any portion of a person's income which

is equal to or less than the federal poverty standard shall not

be considered by the Department in determining the copayment.

The level of such copayment shall be adjusted whenever

necessary to reflect any change in the officially designated

federal poverty standard.

The Department, or the Department's authorized

representative, may recover the amount of moneys expended for

services provided to or in behalf of a person under this

Section by a claim against the person's estate or against the

estate of the person's surviving spouse, but no recovery may

be had until after the death of the surviving spouse, if any,

and then only at such time when there is no surviving child who

is under age 21 or blind or who has a permanent and total

disability. This paragraph, however, shall not bar recovery,

at the death of the person, of moneys for services provided to

the person or in behalf of the person under this Section to

which the person was not entitled; provided that such recovery

shall not be enforced against any real estate while it is

occupied as a homestead by the surviving spouse or other

dependent, if no claims by other creditors have been filed

against the estate, or, if such claims have been filed, they

remain dormant for failure of prosecution or failure of the

claimant to compel administration of the estate for the

purpose of payment. This paragraph shall not bar recovery from

the estate of a spouse, under Sections 1915 and 1924 of the

Social Security Act and Section 5-4 of the Illinois Public Aid

Code, who precedes a person receiving services under this

Section in death. All moneys for services paid to or in behalf

of the person under this Section shall be claimed for recovery

from the deceased spouse's estate. "Homestead", as used in

this paragraph, means the dwelling house and contiguous real

estate occupied by a surviving spouse or relative, as defined

by the rules and regulations of the Department of Healthcare

and Family Services, regardless of the value of the property.

The Department shall increase the effectiveness of the

existing Community Care Program by:

(1) ensuring that in-home services included in the

care plan are available on evenings and weekends;

(2) ensuring that care plans contain the services that

eligible participants need based on the number of days in

a month, not limited to specific blocks of time, as

identified by the comprehensive assessment tool selected

by the Department for use statewide, not to exceed the

total monthly service cost maximum allowed for each

service; the Department shall develop administrative rules

to implement this item (2);

(3) ensuring that the participants have the right to

choose the services contained in their care plan and to

direct how those services are provided, based on

administrative rules established by the Department;

(4) ensuring that the determination of need tool is

accurate in determining the participants' level of need;

to achieve this, the Department, in conjunction with the

Older Adult Services Advisory Committee, shall institute a

study of the relationship between the Determination of

Need scores, level of need, service cost maximums, and the

development and utilization of service plans no later than

May 1, 2008; findings and recommendations shall be

presented to the Governor and the General Assembly no

later than January 1, 2009; recommendations shall include

all needed changes to the service cost maximums schedule

and additional covered services;

(5) ensuring that homemakers can provide personal care

services that may or may not involve contact with clients,

including, but not limited to:

(A) bathing;

(B) grooming;

(C) toileting;

(D) nail care;

(E) transferring;

(F) respiratory services;

(G) exercise; or

(H) positioning;

(6) ensuring that homemaker program vendors are not

restricted from hiring homemakers who are family members

of clients or recommended by clients; the Department may

not, by rule or policy, require homemakers who are family

members of clients or recommended by clients to accept

assignments in homes other than the client;

(7) ensuring that the State may access maximum federal

matching funds by seeking approval for the Centers for

Medicare and Medicaid Services for modifications to the

State's home and community based services waiver and

additional waiver opportunities, including applying for

enrollment in the Balance Incentive Payment Program by May

1, 2013, in order to maximize federal matching funds; this

shall include, but not be limited to, modification that

reflects all changes in the Community Care Program

services and all increases in the services cost maximum;

(8) ensuring that the determination of need tool

accurately reflects the service needs of individuals with

Alzheimer's disease and related dementia disorders;

(9) ensuring that services are authorized accurately

and consistently for the Community Care Program (CCP); the

Department shall implement a Service Authorization policy

directive; the purpose shall be to ensure that eligibility

and services are authorized accurately and consistently in

the CCP program; the policy directive shall clarify

service authorization guidelines to Care Coordination

Units and Community Care Program providers no later than

May 1, 2013;

(10) working in conjunction with Care Coordination

Units, the Department of Healthcare and Family Services,

the Department of Human Services, Community Care Program

providers, and other stakeholders to make improvements to

the Medicaid claiming processes and the Medicaid

enrollment procedures or requirements as needed,

including, but not limited to, specific policy changes or

rules to improve the up-front enrollment of participants

in the Medicaid program and specific policy changes or

rules to insure more prompt submission of bills to the

federal government to secure maximum federal matching

dollars as promptly as possible; the Department on Aging

shall have at least 3 meetings with stakeholders by

January 1, 2014 in order to address these improvements;

(11) requiring home care service providers to comply

with the rounding of hours worked provisions under the

federal Fair Labor Standards Act (FLSA) and as set forth

in 29 CFR 785.48(b) by May 1, 2013;

(12) implementing any necessary policy changes or

promulgating any rules, no later than January 1, 2014, to

assist the Department of Healthcare and Family Services in

moving as many participants as possible, consistent with

federal regulations, into coordinated care plans if a care

coordination plan that covers long term care is available

in the recipient's area; and

(13) maintaining fiscal year 2014 rates at the same

level established on January 1, 2013.

By January 1, 2009 or as soon after the end of the Cash and

Counseling Demonstration Project as is practicable, the

Department may, based on its evaluation of the demonstration

project, promulgate rules concerning personal assistant

services, to include, but need not be limited to,

qualifications, employment screening, rights under fair labor

standards, training, fiduciary agent, and supervision

requirements. All applicants shall be subject to the

provisions of the Health Care Worker Background Check Act.

The Department shall develop procedures to enhance

availability of services on evenings, weekends, and on an

emergency basis to meet the respite needs of caregivers.

Procedures shall be developed to permit the utilization of

services in successive blocks of 24 hours up to the monthly

maximum established by the Department. Workers providing these

services shall be appropriately trained.

Beginning on September 23, 1991 (the effective date of

Public Act 87-729) this amendatory Act of 1991, no person may

perform chore/housekeeping and home care aide services under a

program authorized by this Section unless that person has been

issued a certificate of pre-service to do so by his or her

employing agency. Information gathered to effect such

certification shall include (i) the person's name, (ii) the

date the person was hired by his or her current employer, and

(iii) the training, including dates and levels. Persons

engaged in the program authorized by this Section before the

effective date of this amendatory Act of 1991 shall be issued a

certificate of all pre-service pre- and in-service training

from his or her employer upon submitting the necessary

information. The employing agency shall be required to retain

records of all staff pre-service pre- and in-service training,

and shall provide such records to the Department upon request

and upon termination of the employer's contract with the

Department. In addition, the employing agency is responsible

for the issuance of certifications of in-service training

completed to their employees.

The Department is required to develop a system to ensure

that persons working as home care aides and personal

assistants receive increases in their wages when the federal

minimum wage is increased by requiring vendors to certify that

they are meeting the federal minimum wage statute for home

care aides and personal assistants. An employer that cannot

ensure that the minimum wage increase is being given to home

care aides and personal assistants shall be denied any

increase in reimbursement costs.

The Community Care Program Advisory Committee is created

in the Department on Aging. The Director shall appoint

individuals to serve in the Committee, who shall serve at

their own expense. Members of the Committee must abide by all

applicable ethics laws. The Committee shall advise the

Department on issues related to the Department's program of

services to prevent unnecessary institutionalization. The

Committee shall meet on a bi-monthly basis and shall serve to

identify and advise the Department on present and potential

issues affecting the service delivery network, the program's

clients, and the Department and to recommend solution

strategies. Persons appointed to the Committee shall be

appointed on, but not limited to, their own and their agency's

experience with the program, geographic representation, and

willingness to serve. The Director shall appoint members to

the Committee to represent provider, advocacy, policy

research, and other constituencies committed to the delivery

of high quality home and community-based services to older

adults. Representatives shall be appointed to ensure

representation from community care providers, including, but

not limited to, adult day service providers, homemaker

providers, case coordination and case management units,

emergency home response providers, statewide trade or labor

unions that represent home care aides and direct care staff,

area agencies on aging, adults over age 60, membership

organizations representing older adults, and other

organizational entities, providers of care, or individuals

with demonstrated interest and expertise in the field of home

and community care as determined by the Director.

Nominations may be presented from any agency or State

association with interest in the program. The Director, or his

or her designee, shall serve as the permanent co-chair of the

advisory committee. One other co-chair shall be nominated and

approved by the members of the committee on an annual basis.

Committee members' terms of appointment shall be for 4 years

with one-quarter of the appointees' terms expiring each year.

A member shall continue to serve until his or her replacement

is named. The Department shall fill vacancies that have a

remaining term of over one year, and this replacement shall

occur through the annual replacement of expiring terms. The

Director shall designate Department staff to provide technical

assistance and staff support to the committee. Department

representation shall not constitute membership of the

committee. All Committee papers, issues, recommendations,

reports, and meeting memoranda are advisory only. The

Director, or his or her designee, shall make a written report,

as requested by the Committee, regarding issues before the

Committee.

The Department on Aging and the Department of Human

Services shall cooperate in the development and submission of

an annual report on programs and services provided under this

Section. Such joint report shall be filed with the Governor

and the General Assembly on or before March 31 of the following

fiscal year.

The requirement for reporting to the General Assembly

shall be satisfied by filing copies of the report as required

by Section 3.1 of the General Assembly Organization Act and

filing such additional copies with the State Government Report

Distribution Center for the General Assembly as is required

under paragraph (t) of Section 7 of the State Library Act.

Those persons previously found eligible for receiving

non-institutional services whose services were discontinued

under the Emergency Budget Act of Fiscal Year 1992, and who do

not meet the eligibility standards in effect on or after July

1, 1992, shall remain ineligible on and after July 1, 1992.

Those persons previously not required to cost-share and who

were required to cost-share effective March 1, 1992, shall

continue to meet cost-share requirements on and after July 1,

1992. Beginning July 1, 1992, all clients will be required to

meet eligibility, cost-share, and other requirements and will

have services discontinued or altered when they fail to meet

these requirements.

For the purposes of this Section, "flexible senior

services" refers to services that require one-time or periodic

expenditures, including, but not limited to, respite care,

home modification, assistive technology, housing assistance,

and transportation.

The Department shall implement an electronic service

verification based on global positioning systems or other

cost-effective technology for the Community Care Program no

later than January 1, 2014.

The Department shall require, as a condition of

eligibility, enrollment in the medical assistance program

under Article V of the Illinois Public Aid Code (i) beginning

August 1, 2013, if the Auditor General has reported that the

Department has failed to comply with the reporting

requirements of Section 2-27 of the Illinois State Auditing

Act; or (ii) beginning June 1, 2014, if the Auditor General has

reported that the Department has not undertaken the required

actions listed in the report required by subsection (a) of

Section 2-27 of the Illinois State Auditing Act.

The Department shall delay Community Care Program services

until an applicant is determined eligible for medical

assistance under Article V of the Illinois Public Aid Code (i)

beginning August 1, 2013, if the Auditor General has reported

that the Department has failed to comply with the reporting

requirements of Section 2-27 of the Illinois State Auditing

Act; or (ii) beginning June 1, 2014, if the Auditor General has

reported that the Department has not undertaken the required

actions listed in the report required by subsection (a) of

Section 2-27 of the Illinois State Auditing Act.

The Department shall implement co-payments for the

Community Care Program at the federally allowable maximum

level (i) beginning August 1, 2013, if the Auditor General has

reported that the Department has failed to comply with the

reporting requirements of Section 2-27 of the Illinois State

Auditing Act; or (ii) beginning June 1, 2014, if the Auditor

General has reported that the Department has not undertaken

the required actions listed in the report required by

subsection (a) of Section 2-27 of the Illinois State Auditing

Act.

The Department shall continue to provide other Community

Care Program reports as required by statute.

The Department shall conduct a quarterly review of Care

Coordination Unit performance and adherence to service

guidelines. The quarterly review shall be reported to 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. The Department shall

collect and report longitudinal data on the performance of

each care coordination unit. Nothing in this paragraph shall

be construed to require the Department to identify specific

care coordination units.

In regard to community care providers, failure to comply

with Department on Aging policies shall be cause for

disciplinary action, including, but not limited to,

disqualification from serving Community Care Program clients.

Each provider, upon submission of any bill or invoice to the

Department for payment for services rendered, shall include a

notarized statement, under penalty of perjury pursuant to

Section 1-109 of the Code of Civil Procedure, that the

provider has complied with all Department policies.

The Director of the Department on Aging 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.

Within 30 days after July 6, 2017 (the effective date of

Public Act 100-23), rates shall be increased to $18.29 per

hour, for the purpose of increasing, by at least $.72 per hour,

the wages paid by those vendors to their employees who provide

homemaker services. The Department shall pay an enhanced rate

under the Community Care Program to those in-home service

provider agencies that offer health insurance coverage as a

benefit to their direct service worker employees consistent

with the mandates of Public Act 95-713. For State fiscal years

2018 and 2019, the enhanced rate shall be $1.77 per hour. The

rate shall be adjusted using actuarial analysis based on the

cost of care, but shall not be set below $1.77 per hour. The

Department shall adopt rules, including emergency rules under

subsections (y) and (bb) of Section 5-45 of the Illinois

Administrative Procedure Act, to implement the provisions of

this paragraph.

Subject to federal approval, beginning on January 1, 2024,

rates for adult day services shall be increased to $16.84 per

hour and rates for each way transportation services for adult

day services shall be increased to $12.44 per unit

transportation.

Subject to federal approval, on and after January 1, 2024,

rates for homemaker services shall be increased to $28.07 to

sustain a minimum wage of $17 per hour for direct service

workers. Rates in subsequent State fiscal years shall be no

lower than the rates put into effect upon federal approval.

Providers of in-home services shall be required to certify to

the Department that they remain in compliance with the

mandated wage increase for direct service workers. Fringe

benefits, including, but not limited to, paid time off and

payment for training, health insurance, travel, or

transportation, shall not be reduced in relation to the rate

increases described in this paragraph.

The General Assembly finds it necessary to authorize an

aggressive Medicaid enrollment initiative designed to maximize

federal Medicaid funding for the Community Care Program which

produces significant savings for the State of Illinois. The

Department on Aging shall establish and implement a Community

Care Program Medicaid Initiative. Under the Initiative, the

Department on Aging shall, at a minimum: (i) provide an

enhanced rate to adequately compensate care coordination units

to enroll eligible Community Care Program clients into

Medicaid; (ii) use recommendations from a stakeholder

committee on how best to implement the Initiative; and (iii)

establish requirements for State agencies to make enrollment

in the State's Medical Assistance program easier for seniors.

The Community Care Program Medicaid Enrollment Oversight

Subcommittee is created as a subcommittee of the Older Adult

Services Advisory Committee established in Section 35 of the

Older Adult Services Act to make recommendations on how best

to increase the number of medical assistance recipients who

are enrolled in the Community Care Program. The Subcommittee

shall consist of all of the following persons who must be

appointed within 30 days after June 4, 2018 (the effective

date of Public Act 100-587) this amendatory Act of the 100th

General Assembly:

(1) The Director of Aging, or his or her designee, who

shall serve as the chairperson of the Subcommittee.

(2) One representative of the Department of Healthcare

and Family Services, appointed by the Director of

Healthcare and Family Services.

(3) One representative of the Department of Human

Services, appointed by the Secretary of Human Services.

(4) One individual representing a care coordination

unit, appointed by the Director of Aging.

(5) One individual from a non-governmental statewide

organization that advocates for seniors, appointed by the

Director of Aging.

(6) One individual representing Area Agencies on

Aging, appointed by the Director of Aging.

(7) One individual from a statewide association

dedicated to Alzheimer's care, support, and research,

appointed by the Director of Aging.

(8) One individual from an organization that employs

persons who provide services under the Community Care

Program, appointed by the Director of Aging.

(9) One member of a trade or labor union representing

persons who provide services under the Community Care

Program, appointed by the Director of Aging.

(10) One member of the Senate, who shall serve as

co-chairperson, appointed by the President of the Senate.

(11) One member of the Senate, who shall serve as

co-chairperson, appointed by the Minority Leader of the

Senate.

(12) One member of the House of Representatives, who

shall serve as co-chairperson, appointed by the Speaker of

the House of Representatives.

(13) One member of the House of Representatives, who

shall serve as co-chairperson, appointed by the Minority

Leader of the House of Representatives.

(14) One individual appointed by a labor organization

representing frontline employees at the Department of

Human Services.

The Subcommittee shall provide oversight to the Community

Care Program Medicaid Initiative and shall meet quarterly. At

each Subcommittee meeting the Department on Aging shall

provide the following data sets to the Subcommittee: (A) the

number of Illinois residents, categorized by planning and

service area, who are receiving services under the Community

Care Program and are enrolled in the State's Medical

Assistance Program; (B) the number of Illinois residents,

categorized by planning and service area, who are receiving

services under the Community Care Program, but are not

enrolled in the State's Medical Assistance Program; and (C)

the number of Illinois residents, categorized by planning and

service area, who are receiving services under the Community

Care Program and are eligible for benefits under the State's

Medical Assistance Program, but are not enrolled in the

State's Medical Assistance Program. In addition to this data,

the Department on Aging shall provide the Subcommittee with

plans on how the Department on Aging will reduce the number of

Illinois residents who are not enrolled in the State's Medical

Assistance Program but who are eligible for medical assistance

benefits. The Department on Aging shall enroll in the State's

Medical Assistance Program those Illinois residents who

receive services under the Community Care Program and are

eligible for medical assistance benefits but are not enrolled

in the State's Medicaid Assistance Program. The data provided

to the Subcommittee shall be made available to the public via

the Department on Aging's website.

The Department on Aging, with the involvement of the

Subcommittee, shall collaborate with the Department of Human

Services and the Department of Healthcare and Family Services

on how best to achieve the responsibilities of the Community

Care Program Medicaid Initiative.

The Department on Aging, the Department of Human Services,

and the Department of Healthcare and Family Services shall

coordinate and implement a streamlined process for seniors to

access benefits under the State's Medical Assistance Program.

The Subcommittee shall collaborate with the Department of

Human Services on the adoption of a uniform application

submission process. The Department of Human Services and any

other State agency involved with processing the medical

assistance application of any person enrolled in the Community

Care Program shall include the appropriate care coordination

unit in all communications related to the determination or

status of the application.

The Community Care Program Medicaid Initiative shall

provide targeted funding to care coordination units to help

seniors complete their applications for medical assistance

benefits. On and after July 1, 2019, care coordination units

shall receive no less than $200 per completed application,

which rate may be included in a bundled rate for initial intake

services when Medicaid application assistance is provided in

conjunction with the initial intake process for new program

participants.

The Community Care Program Medicaid Initiative shall cease

operation 5 years after June 4, 2018 (the effective date of

Public Act 100-587) this amendatory Act of the 100th General

Assembly, after which the Subcommittee shall dissolve.

Effective July 1, 2023, subject to federal approval, the

Department on Aging shall reimburse Care Coordination Units at

the following rates for case management services: $252.40 for

each initial assessment; $366.40 for each initial assessment

with translation; $229.68 for each redetermination assessment;

$313.68 for each redetermination assessment with translation;

$200.00 for each completed application for medical assistance

benefits; $132.26 for each face-to-face, choices-for-care

screening; $168.26 for each face-to-face, choices-for-care

screening with translation; $124.56 for each 6-month,

face-to-face visit; $132.00 for each MCO participant

eligibility determination; and $157.00 for each MCO

participant eligibility determination with translation.

(Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;

103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,

Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,

Section 90-5, eff. 1-1-24; revised 12-12-23.)

Section 65. The Personnel Code is amended by changing

Sections 8a, 8b.3, 8b.9, 8b.10, and 9 as follows:

(20 ILCS 415/8a) (from Ch. 127, par. 63b108a)

Sec. 8a. Jurisdiction A; classification Jurisdiction A -

Classification and pay. For positions in the State service

subject to the jurisdiction of the Department of Central

Management Services with respect to the classification and

pay:

(1) For the preparation, maintenance, and revision by

the Director, subject to approval by the Commission, of a

position classification plan for all positions subject to

this Code Act, based upon similarity of duties performed,

responsibilities assigned, and conditions of employment so

that the same schedule of pay may be equitably applied to

all positions in the same class. However, the pay of an

employee whose position is reduced in rank or grade by

reallocation because of a loss of duties or

responsibilities after his appointment to such position

shall not be required to be lowered for a period of one

year after the reallocation of his position. Conditions of

employment shall not be used as a factor in the

classification of any position heretofore paid under the

provisions of Section 1.22 of "An Act to standardize

position titles and salary rates", approved June 30, 1943,

as amended. Unless the Commission disapproves such

classification plan within 60 days, or any revision

thereof within 30 days, the Director shall allocate every

such position to one of the classes in the plan. Any

employee affected by the allocation of a position to a

class shall, after filing with the Director of Central

Management Services a written request for reconsideration

thereof in such manner and form as the Director may

prescribe, be given a reasonable opportunity to be heard

by the Director. If the employee does not accept the

allocation of the position, he shall then have the right

of appeal to the Civil Service Commission.

(2) For a pay plan to be prepared by the Director for

all employees subject to this Code Act after consultation

with operating agency heads and the Director of the

Governor's Office of Management and Budget. Such pay plan

may include provisions for uniformity of starting pay, an

increment plan, area differentials, a delay not to exceed

one year prior to the reduction of the pay of employees

whose positions are reduced in rank or grade by

reallocation because of a loss of duties or

responsibilities after their appointments to such

positions, prevailing rates of wages in those

classifications in which employers are now paying or may

hereafter pay such rates of wage and other provisions.

Such pay plan shall become effective only after it has

been approved by the Governor. Amendments to the pay plan

shall be made in the same manner. Such pay plan shall

provide that each employee shall be paid at one of the

rates set forth in the pay plan for the class of position

in which he is employed, subject to delay in the reduction

of pay of employees whose positions are reduced in rank or

grade by allocation as above set forth in this Section.

Such pay plan shall provide for a fair and reasonable

compensation for services rendered.

This Section is inapplicable to the position of Assistant

Director of Healthcare and Family Services in the Department

of Healthcare and Family Services. The salary for this

position shall be as established in the "The Civil

Administrative Code of Illinois", approved March 7, 1917, as

amended.

(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07;

revised 9-20-23.)

(20 ILCS 415/8b.3) (from Ch. 127, par. 63b108b.3)

Sec. 8b.3. For assessment of employees with contractual

rights under a collective bargaining agreement to determine

those candidates who are eligible for appointment and

promotion and their relative excellence. Assessments, which

are the determination of whether an individual meets the

minimum qualifications as determined by the class

specification of the position for which they are being

considered, shall be designed to objectively eliminate those

who are not qualified for the position into which they are

applying and to discover the relative fitness of those who are

qualified. The Director may substitute rankings, such as

superior, excellent, well-qualified, and qualified, for

numerical ratings and establish qualification assessments or

assessment equivalents accordingly. The Department may adopt

rules regarding the assessment of applicants and the

appointment of qualified candidates. Adopted rules shall be

interpreted to be consistent with collective bargaining

agreements.

(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)

(20 ILCS 415/8b.9) (from Ch. 127, par. 63b108b.9)

Sec. 8b.9. For temporary appointments to any positions in

the State service which are determined to be temporary or

seasonal in nature by the Director of Central Management

Services. Temporary appointments may be made for not more than

6 months. No position in the State service may be filled by

temporary appointment for more than 6 months out of any

12-month 12 month period.

(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)

(20 ILCS 415/8b.10) (from Ch. 127, par. 63b108b.10)

Sec. 8b.10. For provisional appointment to a position

without competitive qualification assessment. No position

within jurisdiction B may be filled by provisional appointment

for longer than 6 months out of any 12-month 12 month period.

(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)

(20 ILCS 415/9) (from Ch. 127, par. 63b109)

Sec. 9. Director; , powers and duties. The Director, as

executive head of the Department, shall direct and supervise

all its administrative and technical activities. In addition

to the duties imposed upon him elsewhere in this Code law, it

shall be his duty:

(1) To apply and carry out this Code law and the rules

adopted thereunder.

(2) To attend meetings of the Commission.

(3) To establish and maintain a roster of all

employees subject to this Code Act, in which there shall

be set forth, as to each employee, the class, title, pay,

status, and other pertinent data.

(4) To appoint, subject to the provisions of this Code

Act, such employees of the Department and such experts and

special assistants as may be necessary to carry out

effectively this Code law.

(5) Subject to such exemptions or modifications as may

be necessary to assure the continuity of federal

contributions in those agencies supported in whole or in

part by federal funds, to make appointments to vacancies;

to approve all written charges seeking discharge,

demotion, or other disciplinary measures provided in this

Code Act and to approve transfers of employees from one

geographical area to another in the State, in offices,

positions or places of employment covered by this Code

Act, after consultation with the operating unit.

(6) To formulate and administer service wide policies

and programs for the improvement of employee

effectiveness, including training, safety, health,

incentive recognition, counseling, welfare, and employee

relations. The Department shall formulate and administer

recruitment plans and testing of potential employees for

agencies having direct contact with significant numbers of

non-English speaking or otherwise culturally distinct

persons. The Department shall require each State agency to

annually assess the need for employees with appropriate

bilingual capabilities to serve the significant numbers of

non-English speaking or culturally distinct persons. The

Department shall develop a uniform procedure for assessing

an agency's need for employees with appropriate bilingual

capabilities. Agencies shall establish occupational titles

or designate positions as "bilingual option" for persons

having sufficient linguistic ability or cultural knowledge

to be able to render effective service to such persons.

The Department shall ensure that any such option is

exercised according to the agency's needs assessment and

the requirements of this Code. The Department shall make

annual reports of the needs assessment of each agency and

the number of positions calling for non-English linguistic

ability to whom vacancy postings were sent, and the number

filled by each agency. Such policies and programs shall be

subject to approval by the Governor, provided that for

needs that require a certain linguistic ability that: (i)

have not been met for a posted position for a period of at

least one year; or (ii) arise when an individual's health

or safety would be placed in immediate risk, the

Department shall accept certifications of linguistic

competence from pre-approved third parties. To facilitate

expanding the scope of sources to demonstrate linguistic

competence, the Department shall issue standards for

demonstrating linguistic competence. No later than January

2024, the Department shall authorize at least one if not

more community colleges in the regions involving the

counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,

Will, Sangamon, and 5 other geographically distributed

counties within the State to pre-test and certify

linguistic ability, and such certifications by candidates

shall be presumed to satisfy the linguistic ability

requirements for the job position. Such policies, program

reports and needs assessment reports, as well as

linguistic certification standards, shall be filed with

the General Assembly by January 1 of each year and shall be

available to the public.

The Department shall include within the report

required above the number of persons receiving the

bilingual pay supplement established by Section 8a.2 of

this Code. The report shall provide the number of persons

receiving the bilingual pay supplement for languages other

than English and for signing. The report shall also

indicate the number of persons, by the categories of

Hispanic and non-Hispanic, who are receiving the bilingual

pay supplement for language skills other than signing, in

a language other than English.

(7) To conduct negotiations affecting pay, hours of

work, or other working conditions of employees subject to

this Code Act.

(8) To make continuing studies to improve the

efficiency of State services to the residents of Illinois,

including, but not limited to, those who are non-English

speaking or culturally distinct, and to report his

findings and recommendations to the Commission and the

Governor.

(9) To investigate from time to time the operation and

effect of this Code law and the rules made thereunder and

to report his findings and recommendations to the

Commission and to the Governor.

(10) To make an annual report regarding the work of

the Department, and such special reports as he may

consider desirable, to the Commission and to the Governor,

or as the Governor or Commission may request.

(11) To make continuing studies to encourage State

employment for persons with disabilities, including, but

not limited to, the Successful Disability Opportunities

Program.

(12) To make available, on the CMS website or its

equivalent, no less frequently than quarterly, information

regarding all exempt positions in State service and

information showing the number of employees who are exempt

from merit selection and non-exempt from merit selection

in each department.

(13) To establish policies to increase the flexibility

of the State workforce for every department or agency

subject to Jurisdiction C, including the use of flexible

time, location, workloads, and positions. The Director and

the director of each department or agency shall together

establish quantifiable goals to increase workforce

flexibility in each department or agency. To authorize in

every department or agency subject to Jurisdiction C the

use of flexible hours positions. A flexible hours position

is one that does not require an ordinary work schedule as

determined by the Department and includes, but is not

limited to: (1) 1) a part time job of 20 hours or more per

week, (2) 2) a job which is shared by 2 employees or a

compressed work week consisting of an ordinary number of

working hours performed on fewer than the number of days

ordinarily required to perform that job. The Department

may define flexible time to include other types of jobs

that are defined above.

The Director and the director of each department or

agency shall together establish goals for flexible hours

positions to be available in every department or agency.

The Department shall give technical assistance to

departments and agencies in achieving their goals, and

shall report to the Governor and the General Assembly each

year on the progress of each department and agency.

When a goal of 10% of the positions in a department or

agency being available on a flexible hours basis has been

reached, the Department shall evaluate the effectiveness

and efficiency of the program and determine whether to

expand the number of positions available for flexible

hours to 20%.

When a goal of 20% of the positions in a department or

agency being available on a flexible hours basis has been

reached, the Department shall evaluate the effectiveness

and efficiency of the program and determine whether to

expand the number of positions available for flexible

hours.

(14) To perform any other lawful acts which he may

consider necessary or desirable to carry out the purposes

and provisions of this Code law.

(15) When a vacancy rate is greater than or equal to 10%

for a given position, the Department shall review the

educational and other requirements for the position to

determine if modifications need to be made.

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.

(Source: P.A. 102-952, eff. 1-1-23; 103-108, eff. 6-27-23;

revised 9-20-23.)

Section 70. The Children and Family Services Act is

amended by changing Sections 5, 5d, 7.4, 17, and 21 as follows:

(20 ILCS 505/5)

Sec. 5. Direct child welfare services; Department of

Children and Family Services. To provide direct child welfare

services when not available through other public or private

child care or program facilities.

(a) For purposes of this Section:

(1) "Children" means persons found within the State

who are under the age of 18 years. The term also includes

persons under age 21 who:

(A) were committed to the Department pursuant to

the Juvenile Court Act or the Juvenile Court Act of

1987 and who continue under the jurisdiction of the

court; or

(B) were accepted for care, service and training

by the Department prior to the age of 18 and whose best

interest in the discretion of the Department would be

served by continuing that care, service and training

because of severe emotional disturbances, physical

disability, social adjustment or any combination

thereof, or because of the need to complete an

educational or vocational training program.

(2) "Homeless youth" means persons found within the

State who are under the age of 19, are not in a safe and

stable living situation and cannot be reunited with their

families.

(3) "Child welfare services" means public social

services which are directed toward the accomplishment of

the following purposes:

(A) protecting and promoting the health, safety

and welfare of children, including homeless,

dependent, or neglected children;

(B) remedying, or assisting in the solution of

problems which may result in, the neglect, abuse,

exploitation, or delinquency of children;

(C) preventing the unnecessary separation of

children from their families by identifying family

problems, assisting families in resolving their

problems, and preventing the breakup of the family

where the prevention of child removal is desirable and

possible when the child can be cared for at home

without endangering the child's health and safety;

(D) restoring to their families children who have

been removed, by the provision of services to the

child and the families when the child can be cared for

at home without endangering the child's health and

safety;

(E) placing children in suitable permanent family

arrangements, through guardianship or adoption, in

cases where restoration to the birth family is not

safe, possible, or appropriate;

(F) at the time of placement, conducting

concurrent planning, as described in subsection (l-1)

of this Section, so that permanency may occur at the

earliest opportunity. Consideration should be given so

that if reunification fails or is delayed, the

placement made is the best available placement to

provide permanency for the child;

(G) (blank);

(H) (blank); and

(I) placing and maintaining children in facilities

that provide separate living quarters for children

under the age of 18 and for children 18 years of age

and older, unless a child 18 years of age is in the

last year of high school education or vocational

training, in an approved individual or group treatment

program, in a licensed shelter facility, or secure

child care facility. The Department is not required to

place or maintain children:

(i) who are in a foster home, or

(ii) who are persons with a developmental

disability, as defined in the Mental Health and

Developmental Disabilities Code, or

(iii) who are female children who are

pregnant, pregnant and parenting, or parenting, or

(iv) who are siblings, in facilities that

provide separate living quarters for children 18

years of age and older and for children under 18

years of age.

(b) (Blank).

(b-5) The Department shall adopt rules to establish a

process for all licensed residential providers in Illinois to

submit data as required by the Department, if they contract or

receive reimbursement for children's mental health, substance

use, and developmental disability services from the Department

of Human Services, the Department of Juvenile Justice, or the

Department of Healthcare and Family Services. The requested

data must include, but is not limited to, capacity, staffing,

and occupancy data for the purpose of establishing State need

and placement availability.

All information collected, shared, or stored pursuant to

this subsection shall be handled in accordance with all State

and federal privacy laws and accompanying regulations and

rules, including without limitation the federal Health

Insurance Portability and Accountability Act of 1996 (Public

Law 104-191) and the Mental Health and Developmental

Disabilities Confidentiality Act.

(c) The Department shall establish and maintain

tax-supported child welfare services and extend and seek to

improve voluntary services throughout the State, to the end

that services and care shall be available on an equal basis

throughout the State to children requiring such services.

(d) The Director may authorize advance disbursements for

any new program initiative to any agency contracting with the

Department. As a prerequisite for an advance disbursement, the

contractor must post a surety bond in the amount of the advance

disbursement and have a purchase of service contract approved

by the Department. The Department may pay up to 2 months

operational expenses in advance. The amount of the advance

disbursement shall be prorated over the life of the contract

or the remaining months of the fiscal year, whichever is less,

and the installment amount shall then be deducted from future

bills. Advance disbursement authorizations for new initiatives

shall not be made to any agency after that agency has operated

during 2 consecutive fiscal years. The requirements of this

Section concerning advance disbursements shall not apply with

respect to the following: payments to local public agencies

for child day care services as authorized by Section 5a of this

Act; and youth service programs receiving grant funds under

Section 17a-4.

(e) (Blank).

(f) (Blank).

(g) The Department shall establish rules and regulations

concerning its operation of programs designed to meet the

goals of child safety and protection, family preservation,

family reunification, and adoption, including, but not limited

to:

(1) adoption;

(2) foster care;

(3) family counseling;

(4) protective services;

(5) (blank);

(6) homemaker service;

(7) return of runaway children;

(8) (blank);

(9) placement under Section 5-7 of the Juvenile Court

Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

Court Act of 1987 in accordance with the federal Adoption

Assistance and Child Welfare Act of 1980; and

(10) interstate services.

Rules and regulations established by the Department shall

include provisions for training Department staff and the staff

of Department grantees, through contracts with other agencies

or resources, in screening techniques to identify substance

use disorders, as defined in the Substance Use Disorder Act,

approved by the Department of Human Services, as a successor

to the Department of Alcoholism and Substance Abuse, for the

purpose of identifying children and adults who should be

referred for an assessment at an organization appropriately

licensed by the Department of Human Services for substance use

disorder treatment.

(h) If the Department finds that there is no appropriate

program or facility within or available to the Department for

a youth in care and that no licensed private facility has an

adequate and appropriate program or none agrees to accept the

youth in care, the Department shall create an appropriate

individualized, program-oriented plan for such youth in care.

The plan may be developed within the Department or through

purchase of services by the Department to the extent that it is

within its statutory authority to do.

(i) Service programs shall be available throughout the

State and shall include but not be limited to the following

services:

(1) case management;

(2) homemakers;

(3) counseling;

(4) parent education;

(5) day care; and

(6) emergency assistance and advocacy.

In addition, the following services may be made available

to assess and meet the needs of children and families:

(1) comprehensive family-based services;

(2) assessments;

(3) respite care; and

(4) in-home health services.

The Department shall provide transportation for any of the

services it makes available to children or families or for

which it refers children or families.

(j) The Department may provide categories of financial

assistance and education assistance grants, and shall

establish rules and regulations concerning the assistance and

grants, to persons who adopt children with physical or mental

disabilities, children who are older, or other hard-to-place

children who (i) immediately prior to their adoption were

youth in care or (ii) were determined eligible for financial

assistance with respect to a prior adoption and who become

available for adoption because the prior adoption has been

dissolved and the parental rights of the adoptive parents have

been terminated or because the child's adoptive parents have

died. The Department may continue to provide financial

assistance and education assistance grants for a child who was

determined eligible for financial assistance under this

subsection (j) in the interim period beginning when the

child's adoptive parents died and ending with the finalization

of the new adoption of the child by another adoptive parent or

parents. The Department may also provide categories of

financial assistance and education assistance grants, and

shall establish rules and regulations for the assistance and

grants, to persons appointed guardian of the person under

Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

4-25, or 5-740 of the Juvenile Court Act of 1987 for children

who were youth in care for 12 months immediately prior to the

appointment of the guardian.

The amount of assistance may vary, depending upon the

needs of the child and the adoptive parents, as set forth in

the annual assistance agreement. Special purpose grants are

allowed where the child requires special service but such

costs may not exceed the amounts which similar services would

cost the Department if it were to provide or secure them as

guardian of the child.

Any financial assistance provided under this subsection is

inalienable by assignment, sale, execution, attachment,

garnishment, or any other remedy for recovery or collection of

a judgment or debt.

(j-5) The Department shall not deny or delay the placement

of a child for adoption if an approved family is available

either outside of the Department region handling the case, or

outside of the State of Illinois.

(k) The Department shall accept for care and training any

child who has been adjudicated neglected or abused, or

dependent committed to it pursuant to the Juvenile Court Act

or the Juvenile Court Act of 1987.

(l) The Department shall offer family preservation

services, as defined in Section 8.2 of the Abused and

Neglected Child Reporting Act, to help families, including

adoptive and extended families. Family preservation services

shall be offered (i) to prevent the placement of children in

substitute care when the children can be cared for at home or

in the custody of the person responsible for the children's

welfare, (ii) to reunite children with their families, or

(iii) to maintain an adoptive placement. Family preservation

services shall only be offered when doing so will not endanger

the children's health or safety. With respect to children who

are in substitute care pursuant to the Juvenile Court Act of

1987, family preservation services shall not be offered if a

goal other than those of subdivisions (A), (B), or (B-1) of

subsection (2) of Section 2-28 of that Act has been set, except

that reunification services may be offered as provided in

paragraph (F) of subsection (2) of Section 2-28 of that Act.

Nothing in this paragraph shall be construed to create a

private right of action or claim on the part of any individual

or child welfare agency, except that when a child is the

subject of an action under Article II of the Juvenile Court Act

of 1987 and the child's service plan calls for services to

facilitate achievement of the permanency goal, the court

hearing the action under Article II of the Juvenile Court Act

of 1987 may order the Department to provide the services set

out in the plan, if those services are not provided with

reasonable promptness and if those services are available.

The Department shall notify the child and the child's

family of the Department's responsibility to offer and provide

family preservation services as identified in the service

plan. The child and the child's family shall be eligible for

services as soon as the report is determined to be

"indicated". The Department may offer services to any child or

family with respect to whom a report of suspected child abuse

or neglect has been filed, prior to concluding its

investigation under Section 7.12 of the Abused and Neglected

Child Reporting Act. However, the child's or family's

willingness to accept services shall not be considered in the

investigation. The Department may also provide services to any

child or family who is the subject of any report of suspected

child abuse or neglect or may refer such child or family to

services available from other agencies in the community, even

if the report is determined to be unfounded, if the conditions

in the child's or family's home are reasonably likely to

subject the child or family to future reports of suspected

child abuse or neglect. Acceptance of such services shall be

voluntary. The Department may also provide services to any

child or family after completion of a family assessment, as an

alternative to an investigation, as provided under the

"differential response program" provided for in subsection

(a-5) of Section 7.4 of the Abused and Neglected Child

Reporting Act.

The Department may, at its discretion except for those

children also adjudicated neglected or dependent, accept for

care and training any child who has been adjudicated addicted,

as a truant minor in need of supervision or as a minor

requiring authoritative intervention, under the Juvenile Court

Act or the Juvenile Court Act of 1987, but no such child shall

be committed to the Department by any court without the

approval of the Department. 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 by any court, except (i) a minor

less than 16 years of age committed to the Department under

Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

for whom an independent basis of abuse, neglect, or dependency

exists, which must be defined by departmental rule, or (iii) a

minor for whom the court has granted a supplemental petition

to reinstate wardship pursuant to subsection (2) of Section

2-33 of the Juvenile Court Act of 1987. 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 by any court, except (i) a minor

less than 15 years of age committed to the Department under

Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

for whom an independent basis of abuse, neglect, or dependency

exists, which must be defined by departmental rule, or (iii) a

minor for whom the court has granted a supplemental petition

to reinstate wardship pursuant to subsection (2) of Section

2-33 of the Juvenile Court Act of 1987. 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. The Department shall assign a caseworker to

attend any hearing involving a youth in the care and custody of

the Department who is placed on aftercare release, including

hearings involving sanctions for violation of aftercare

release conditions and aftercare release revocation hearings.

As soon as is possible after August 7, 2009 (the effective

date of Public Act 96-134), the Department shall develop and

implement a special program of family preservation services to

support intact, foster, and adoptive families who are

experiencing extreme hardships due to the difficulty and

stress of caring for a child who has been diagnosed with a

pervasive developmental disorder if the Department determines

that those services are necessary to ensure the health and

safety of the child. The Department may offer services to any

family whether or not a report has been filed under the Abused

and Neglected Child Reporting Act. The Department may refer

the child or family to services available from other agencies

in the community if the conditions in the child's or family's

home are reasonably likely to subject the child or family to

future reports of suspected child abuse or neglect. Acceptance

of these services shall be voluntary. The Department shall

develop and implement a public information campaign to alert

health and social service providers and the general public

about these special family preservation services. The nature

and scope of the services offered and the number of families

served under the special program implemented under this

paragraph shall be determined by the level of funding that the

Department annually allocates for this purpose. The term

"pervasive developmental disorder" under this paragraph means

a neurological condition, including, but not limited to,

Asperger's Syndrome and autism, as defined in the most recent

edition of the Diagnostic and Statistical Manual of Mental

Disorders of the American Psychiatric Association.

(l-1) The General Assembly recognizes that the best

interests of the child require that the child be placed in the

most permanent living arrangement as soon as is practically

possible. To achieve this goal, the General Assembly directs

the Department of Children and Family Services to conduct

concurrent planning so that permanency may occur at the

earliest opportunity. Permanent living arrangements may

include prevention of placement of a child outside the home of

the family when the child can be cared for at home without

endangering the child's health or safety; reunification with

the family, when safe and appropriate, if temporary placement

is necessary; or movement of the child toward the most

permanent living arrangement and permanent legal status.

When determining reasonable efforts to be made with

respect to a child, as described in this subsection, and in

making such reasonable efforts, the child's health and safety

shall be the paramount concern.

When a child is placed in foster care, the Department

shall ensure and document that reasonable efforts were made to

prevent or eliminate the need to remove the child from the

child's home. The Department must make reasonable efforts to

reunify the family when temporary placement of the child

occurs unless otherwise required, pursuant to the Juvenile

Court Act of 1987. At any time after the dispositional hearing

where the Department believes that further reunification

services would be ineffective, it may request a finding from

the court that reasonable efforts are no longer appropriate.

The Department is not required to provide further

reunification services after such a finding.

A decision to place a child in substitute care shall be

made with considerations of the child's health, safety, and

best interests. At the time of placement, consideration should

also be given so that if reunification fails or is delayed, the

placement made is the best available placement to provide

permanency for the child.

The Department shall adopt rules addressing concurrent

planning for reunification and permanency. The Department

shall consider the following factors when determining

appropriateness of concurrent planning:

(1) the likelihood of prompt reunification;

(2) the past history of the family;

(3) the barriers to reunification being addressed by

the family;

(4) the level of cooperation of the family;

(5) the foster parents' willingness to work with the

family to reunite;

(6) the willingness and ability of the foster family

to provide an adoptive home or long-term placement;

(7) the age of the child;

(8) placement of siblings.

(m) The Department may assume temporary custody of any

child if:

(1) it has received a written consent to such

temporary custody signed by the parents of the child or by

the parent having custody of the child if the parents are

not living together or by the guardian or custodian of the

child if the child is not in the custody of either parent,

or

(2) the child is found in the State and neither a

parent, guardian nor custodian of the child can be

located.

If the child is found in the child's residence without a

parent, guardian, custodian, or responsible caretaker, the

Department may, instead of removing the child and assuming

temporary custody, place an authorized representative of the

Department in that residence until such time as a parent,

guardian, or custodian enters the home and expresses a

willingness and apparent ability to ensure the child's health

and safety and resume permanent charge of the child, or until a

relative enters the home and is willing and able to ensure the

child's health and safety and assume charge of the child until

a parent, guardian, or custodian enters the home and expresses

such willingness and ability to ensure the child's safety and

resume permanent charge. After a caretaker has remained in the

home for a period not to exceed 12 hours, the Department must

follow those procedures outlined in Section 2-9, 3-11, 4-8, or

5-415 of the Juvenile Court Act of 1987.

The Department shall have the authority, responsibilities

and duties that a legal custodian of the child would have

pursuant to subsection (9) of Section 1-3 of the Juvenile

Court Act of 1987. Whenever a child is taken into temporary

custody pursuant to an investigation under the Abused and

Neglected Child Reporting Act, or pursuant to a referral and

acceptance under the Juvenile Court Act of 1987 of a minor in

limited custody, the Department, during the period of

temporary custody and before the child is brought before a

judicial officer as required by Section 2-9, 3-11, 4-8, or

5-415 of the Juvenile Court Act of 1987, shall have the

authority, responsibilities and duties that a legal custodian

of the child would have under subsection (9) of Section 1-3 of

the Juvenile Court Act of 1987.

The Department shall ensure that any child taken into

custody is scheduled for an appointment for a medical

examination.

A parent, guardian, or custodian of a child in the

temporary custody of the Department who would have custody of

the child if the child were not in the temporary custody of the

Department may deliver to the Department a signed request that

the Department surrender the temporary custody of the child.

The Department may retain temporary custody of the child for

10 days after the receipt of the request, during which period

the Department may cause to be filed a petition pursuant to the

Juvenile Court Act of 1987. If a petition is so filed, the

Department shall retain temporary custody of the child until

the court orders otherwise. If a petition is not filed within

the 10-day period, the child shall be surrendered to the

custody of the requesting parent, guardian, or custodian not

later than the expiration of the 10-day period, at which time

the authority and duties of the Department with respect to the

temporary custody of the child shall terminate.

(m-1) The Department may place children under 18 years of

age in a secure child care facility licensed by the Department

that cares for children who are in need of secure living

arrangements for their health, safety, and well-being after a

determination is made by the facility director and the

Director or the Director's designate prior to admission to the

facility subject to Section 2-27.1 of the Juvenile Court Act

of 1987. This subsection (m-1) does not apply to a child who is

subject to placement in a correctional facility operated

pursuant to Section 3-15-2 of the Unified Code of Corrections,

unless the child is a youth in care who was placed in the care

of the Department before being subject to placement in a

correctional facility and a court of competent jurisdiction

has ordered placement of the child in a secure care facility.

(n) The Department may place children under 18 years of

age in licensed child care facilities when in the opinion of

the Department, appropriate services aimed at family

preservation have been unsuccessful and cannot ensure the

child's health and safety or are unavailable and such

placement would be for their best interest. Payment for board,

clothing, care, training and supervision of any child placed

in a licensed child care facility may be made by the

Department, by the parents or guardians of the estates of

those children, or by both the Department and the parents or

guardians, except that no payments shall be made by the

Department for any child placed in a licensed child care

facility for board, clothing, care, training, and supervision

of such a child that exceed the average per capita cost of

maintaining and of caring for a child in institutions for

dependent or neglected children operated by the Department.

However, such restriction on payments does not apply in cases

where children require specialized care and treatment for

problems of severe emotional disturbance, physical disability,

social adjustment, or any combination thereof and suitable

facilities for the placement of such children are not

available at payment rates within the limitations set forth in

this Section. All reimbursements for services delivered shall

be absolutely inalienable by assignment, sale, attachment, or

garnishment or otherwise.

(n-1) The Department shall provide or authorize child

welfare services, aimed at assisting minors to achieve

sustainable self-sufficiency as independent adults, for any

minor eligible for the reinstatement of wardship pursuant to

subsection (2) of Section 2-33 of the Juvenile Court Act of

1987, whether or not such reinstatement is sought or allowed,

provided that the minor consents to such services and has not

yet attained the age of 21. The Department shall have

responsibility for the development and delivery of services

under this Section. An eligible youth may access services

under this Section through the Department of Children and

Family Services or by referral from the Department of Human

Services. Youth participating in services under this Section

shall cooperate with the assigned case manager in developing

an agreement identifying the services to be provided and how

the youth will increase skills to achieve self-sufficiency. A

homeless shelter is not considered appropriate housing for any

youth receiving child welfare services under this Section. The

Department shall continue child welfare services under this

Section to any eligible minor until the minor becomes 21 years

of age, no longer consents to participate, or achieves

self-sufficiency as identified in the minor's service plan.

The Department of Children and Family Services shall create

clear, readable notice of the rights of former foster youth to

child welfare services under this Section and how such

services may be obtained. The Department of Children and

Family Services and the Department of Human Services shall

disseminate this information statewide. The Department shall

adopt regulations describing services intended to assist

minors in achieving sustainable self-sufficiency as

independent adults.

(o) The Department shall establish an administrative

review and appeal process for children and families who

request or receive child welfare services from the Department.

Youth in care who are placed by private child welfare

agencies, and foster families with whom those youth are

placed, shall be afforded the same procedural and appeal

rights as children and families in the case of placement by the

Department, including the right to an initial review of a

private agency decision by that agency. The Department shall

ensure that any private child welfare agency, which accepts

youth in care for placement, affords those rights to children

and foster families. The Department shall accept for

administrative review and an appeal hearing a complaint made

by (i) a child or foster family concerning a decision

following an initial review by a private child welfare agency

or (ii) a prospective adoptive parent who alleges a violation

of subsection (j-5) of this Section. An appeal of a decision

concerning a change in the placement of a child shall be

conducted in an expedited manner. A court determination that a

current foster home placement is necessary and appropriate

under Section 2-28 of the Juvenile Court Act of 1987 does not

constitute a judicial determination on the merits of an

administrative appeal, filed by a former foster parent,

involving a change of placement decision.

(p) (Blank).

(q) The Department may receive and use, in their entirety,

for the benefit of children any gift, donation, or bequest of

money or other property which is received on behalf of such

children, or any financial benefits to which such children are

or may become entitled while under the jurisdiction or care of

the Department, except that the benefits described in Section

5.46 must be used and conserved consistent with the provisions

under Section 5.46.

The Department shall set up and administer no-cost,

interest-bearing accounts in appropriate financial

institutions for children for whom the Department is legally

responsible and who have been determined eligible for

Veterans' Benefits, Social Security benefits, assistance

allotments from the armed forces, court ordered payments,

parental voluntary payments, Supplemental Security Income,

Railroad Retirement payments, Black Lung benefits, or other

miscellaneous payments. Interest earned by each account shall

be credited to the account, unless disbursed in accordance

with this subsection.

In disbursing funds from children's accounts, the

Department shall:

(1) Establish standards in accordance with State and

federal laws for disbursing money from children's

accounts. In all circumstances, the Department's

Guardianship Administrator or the Guardianship

Administrator's designee must approve disbursements from

children's accounts. The Department shall be responsible

for keeping complete records of all disbursements for each

account for any purpose.

(2) Calculate on a monthly basis the amounts paid from

State funds for the child's board and care, medical care

not covered under Medicaid, and social services; and

utilize funds from the child's account, as covered by

regulation, to reimburse those costs. Monthly,

disbursements from all children's accounts, up to 1/12 of

$13,000,000, shall be deposited by the Department into the

General Revenue Fund and the balance over 1/12 of

$13,000,000 into the DCFS Children's Services Fund.

(3) Maintain any balance remaining after reimbursing

for the child's costs of care, as specified in item (2).

The balance shall accumulate in accordance with relevant

State and federal laws and shall be disbursed to the child

or the child's guardian, or to the issuing agency.

(r) The Department shall promulgate regulations

encouraging all adoption agencies to voluntarily forward to

the Department or its agent names and addresses of all persons

who have applied for and have been approved for adoption of a

hard-to-place child or child with a disability and the names

of such children who have not been placed for adoption. A list

of such names and addresses shall be maintained by the

Department or its agent, and coded lists which maintain the

confidentiality of the person seeking to adopt the child and

of the child shall be made available, without charge, to every

adoption agency in the State to assist the agencies in placing

such children for adoption. The Department may delegate to an

agent its duty to maintain and make available such lists. The

Department shall ensure that such agent maintains the

confidentiality of the person seeking to adopt the child and

of the child.

(s) The Department of Children and Family Services may

establish and implement a program to reimburse Department and

private child welfare agency foster parents licensed by the

Department of Children and Family Services for damages

sustained by the foster parents as a result of the malicious or

negligent acts of foster children, as well as providing third

party coverage for such foster parents with regard to actions

of foster children to other individuals. Such coverage will be

secondary to the foster parent liability insurance policy, if

applicable. The program shall be funded through appropriations

from the General Revenue Fund, specifically designated for

such purposes.

(t) The Department shall perform home studies and

investigations and shall exercise supervision over visitation

as ordered by a court pursuant to the Illinois Marriage and

Dissolution of Marriage Act or the Adoption Act only if:

(1) an order entered by an Illinois court specifically

directs the Department to perform such services; and

(2) the court has ordered one or both of the parties to

the proceeding to reimburse the Department for its

reasonable costs for providing such services in accordance

with Department rules, or has determined that neither

party is financially able to pay.

The Department shall provide written notification to the

court of the specific arrangements for supervised visitation

and projected monthly costs within 60 days of the court order.

The Department shall send to the court information related to

the costs incurred except in cases where the court has

determined the parties are financially unable to pay. The

court may order additional periodic reports as appropriate.

(u) In addition to other information that must be

provided, whenever the Department places a child with a

prospective adoptive parent or parents, in a licensed foster

home, group home, or child care institution, or in a relative

home, the Department shall provide to the prospective adoptive

parent or parents or other caretaker:

(1) available detailed information concerning the

child's educational and health history, copies of

immunization records (including insurance and medical card

information), a history of the child's previous

placements, if any, and reasons for placement changes

excluding any information that identifies or reveals the

location of any previous caretaker;

(2) a copy of the child's portion of the client

service plan, including any visitation arrangement, and

all amendments or revisions to it as related to the child;

and

(3) information containing details of the child's

individualized educational plan when the child is

receiving special education services.

The caretaker shall be informed of any known social or

behavioral information (including, but not limited to,

criminal background, fire setting, perpetuation of sexual

abuse, destructive behavior, and substance abuse) necessary to

care for and safeguard the children to be placed or currently

in the home. The Department may prepare a written summary of

the information required by this paragraph, which may be

provided to the foster or prospective adoptive parent in

advance of a placement. The foster or prospective adoptive

parent may review the supporting documents in the child's file

in the presence of casework staff. In the case of an emergency

placement, casework staff shall at least provide known

information verbally, if necessary, and must subsequently

provide the information in writing as required by this

subsection.

The information described in this subsection shall be

provided in writing. In the case of emergency placements when

time does not allow prior review, preparation, and collection

of written information, the Department shall provide such

information as it becomes available. Within 10 business days

after placement, the Department shall obtain from the

prospective adoptive parent or parents or other caretaker a

signed verification of receipt of the information provided.

Within 10 business days after placement, the Department shall

provide to the child's guardian ad litem a copy of the

information provided to the prospective adoptive parent or

parents or other caretaker. The information provided to the

prospective adoptive parent or parents or other caretaker

shall be reviewed and approved regarding accuracy at the

supervisory level.

(u-5) Effective July 1, 1995, only foster care placements

licensed as foster family homes pursuant to the Child Care Act

of 1969 shall be eligible to receive foster care payments from

the Department. Relative caregivers who, as of July 1, 1995,

were approved pursuant to approved relative placement rules

previously promulgated by the Department at 89 Ill. Adm. Code

335 and had submitted an application for licensure as a foster

family home may continue to receive foster care payments only

until the Department determines that they may be licensed as a

foster family home or that their application for licensure is

denied or until September 30, 1995, whichever occurs first.

(v) The Department shall access criminal history record

information as defined in the Illinois Uniform Conviction

Information Act and information maintained in the adjudicatory

and dispositional record system as defined in Section 2605-355

of the Illinois State Police Law if the Department determines

the information is necessary to perform its duties under the

Abused and Neglected Child Reporting Act, the Child Care Act

of 1969, and the Children and Family Services Act. The

Department shall provide for interactive computerized

communication and processing equipment that permits direct

on-line communication with the Illinois State Police's central

criminal history data repository. The Department shall comply

with all certification requirements and provide certified

operators who have been trained by personnel from the Illinois

State Police. In addition, one Office of the Inspector General

investigator shall have training in the use of the criminal

history information access system and have access to the

terminal. The Department of Children and Family Services and

its employees shall abide by rules and regulations established

by the Illinois State Police relating to the access and

dissemination of this information.

(v-1) Prior to final approval for placement of a child,

the Department shall conduct a criminal records background

check of the prospective foster or adoptive parent, including

fingerprint-based checks of national crime information

databases. Final approval for placement shall not be granted

if the record check reveals a felony conviction for child

abuse or neglect, for spousal abuse, for a crime against

children, or for a crime involving violence, including rape,

sexual assault, or homicide, but not including other physical

assault or battery, or if there is a felony conviction for

physical assault, battery, or a drug-related offense committed

within the past 5 years.

(v-2) Prior to final approval for placement of a child,

the Department shall check its child abuse and neglect

registry for information concerning prospective foster and

adoptive parents, and any adult living in the home. If any

prospective foster or adoptive parent or other adult living in

the home has resided in another state in the preceding 5 years,

the Department shall request a check of that other state's

child abuse and neglect registry.

(w) Within 120 days of August 20, 1995 (the effective date

of Public Act 89-392), the Department shall prepare and submit

to the Governor and the General Assembly, a written plan for

the development of in-state licensed secure child care

facilities that care for children who are in need of secure

living arrangements for their health, safety, and well-being.

For purposes of this subsection, secure care facility shall

mean a facility that is designed and operated to ensure that

all entrances and exits from the facility, a building or a

distinct part of the building, are under the exclusive control

of the staff of the facility, whether or not the child has the

freedom of movement within the perimeter of the facility,

building, or distinct part of the building. The plan shall

include descriptions of the types of facilities that are

needed in Illinois; the cost of developing these secure care

facilities; the estimated number of placements; the potential

cost savings resulting from the movement of children currently

out-of-state who are projected to be returned to Illinois; the

necessary geographic distribution of these facilities in

Illinois; and a proposed timetable for development of such

facilities.

(x) The Department shall conduct annual credit history

checks to determine the financial history of children placed

under its guardianship pursuant to the Juvenile Court Act of

1987. The Department shall conduct such credit checks starting

when a youth in care turns 12 years old and each year

thereafter for the duration of the guardianship as terminated

pursuant to the Juvenile Court Act of 1987. The Department

shall determine if financial exploitation of the child's

personal information has occurred. If financial exploitation

appears to have taken place or is presently ongoing, the

Department shall notify the proper law enforcement agency, the

proper State's Attorney, or the Attorney General.

(y) Beginning on July 22, 2010 (the effective date of

Public Act 96-1189), a child with a disability who receives

residential and educational services from the Department shall

be eligible to receive transition services in accordance with

Article 14 of the School Code from the age of 14.5 through age

21, inclusive, notwithstanding the child's residential

services arrangement. For purposes of this subsection, "child

with a disability" means a child with a disability as defined

by the federal Individuals with Disabilities Education

Improvement Act of 2004.

(z) The Department shall access criminal history record

information as defined as "background information" in this

subsection and criminal history record information as defined

in the Illinois Uniform Conviction Information Act for each

Department employee or Department applicant. Each Department

employee or Department applicant shall submit the employee's

or applicant's 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 the Federal Bureau of Investigation criminal history

records databases. The Illinois State Police shall charge 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. The

Illinois State Police shall furnish, pursuant to positive

identification, all Illinois conviction information to the

Department of Children and Family Services.

For purposes of this subsection:

"Background information" means all of the following:

(i) Upon the request of the Department of Children and

Family Services, conviction information obtained from the

Illinois State Police as a result of a fingerprint-based

criminal history records check of the Illinois criminal

history records database and the Federal Bureau of

Investigation criminal history records database concerning

a Department employee or Department applicant.

(ii) Information obtained by the Department of

Children and Family Services after performing a check of

the Illinois State Police's Sex Offender Database, as

authorized by Section 120 of the Sex Offender Community

Notification Law, concerning a Department employee or

Department applicant.

(iii) Information obtained by the Department of

Children and Family Services after performing a check of

the Child Abuse and Neglect Tracking System (CANTS)

operated and maintained by the Department.

"Department employee" means a full-time or temporary

employee coded or certified within the State of Illinois

Personnel System.

"Department applicant" means an individual who has

conditional Department full-time or part-time work, a

contractor, an individual used to replace or supplement staff,

an academic intern, a volunteer in Department offices or on

Department contracts, a work-study student, an individual or

entity licensed by the Department, or an unlicensed service

provider who works as a condition of a contract or an agreement

and whose work may bring the unlicensed service provider into

contact with Department clients or client records.

(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;

102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.

1-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)

(20 ILCS 505/5d)

Sec. 5d. The Direct Child Welfare Service Employee License

Board.

(a) For purposes of this Section:

(1) "Board" means the Direct Child Welfare Service

Employee License Board.

(2) "Director" means the Director of Children and

Family Services.

(b) The Direct Child Welfare Service Employee License

Board is created within the Department of Children and Family

Services and shall consist of 9 members appointed by the

Director. The Director shall annually designate a chairperson

and vice-chairperson of the Board. The membership of the Board

must be composed as follows: (i) 5 licensed professionals from

the field of human services with a human services, juris

doctor, medical, public administration, or other relevant

human services degree and who are in good standing within

their profession, at least 2 of which must be employed in the

private not-for-profit sector and at least one of which in the

public sector; (ii) 2 faculty members of an accredited

university who have child welfare experience and are in good

standing within their profession; and (iii) 2 members of the

general public who are not licensed under this Act or a similar

rule and will represent consumer interests.

In making the first appointments, the Director shall

appoint 3 members to serve for a term of one year, 3 members to

serve for a term of 2 years, and 3 members to serve for a term

of 3 years, or until their successors are appointed and

qualified. Their successors shall be appointed to serve 3-year

terms, or until their successors are appointed and qualified.

Appointments to fill unexpired vacancies shall be made in the

same manner as original appointments. No member may be

reappointed if a reappointment would cause that member to

serve on the Board for longer than 6 consecutive years. Board

membership must have reasonable representation from different

geographic areas of Illinois, and all members must be

residents of this State.

The Director may terminate the appointment of any member

for good cause, including, but not limited to: (i) unjustified

absences from Board meetings or other failure to meet Board

responsibilities, (ii) failure to recuse oneself when required

by subsection (c) of this Section or Department rule, or (iii)

failure to maintain the professional position required by

Department rule. No member of the Board may have a pending or

indicated report of child abuse or neglect or a pending

complaint or criminal conviction of any of the offenses set

forth in paragraph (b) of Section 4.2 of the Child Care Act of

1969.

The members of the Board shall receive no compensation for

the performance of their duties as members, but each member

shall be reimbursed for the member's reasonable and necessary

expenses incurred in attending the meetings of the Board.

(c) The Board shall make recommendations to the Director

regarding licensure rules. Board members must recuse

themselves from sitting on any matter involving an employee of

a child welfare agency at which the Board member is an employee

or contractual employee. The Board shall make a final

determination concerning revocation, suspension, or

reinstatement of an employee's direct child welfare service

license after a hearing conducted under the Department's

rules. Upon notification of the manner of the vote to all the

members, votes on a final determination may be cast in person,

by telephonic or electronic means, or by mail at the

discretion of the chairperson. A simple majority of the

members appointed and serving is required when Board members

vote by mail or by telephonic or electronic means. A majority

of the currently appointed and serving Board members

constitutes a quorum. A majority of a quorum is required when a

recommendation is voted on during a Board meeting. A vacancy

in the membership of the Board shall not impair the right of a

quorum to perform all the duties of the Board. Board members

are not personally liable in any action based upon a

disciplinary proceeding or otherwise for any action taken in

good faith as a member of the Board.

(d) The Director may assign Department employees to

provide staffing services to the Board. The Department must

promulgate any rules necessary to implement and administer the

requirements of this Section.

(Source: P.A. 102-45, eff. 1-1-22; 103-22, eff. 8-8-23;

revised 9-25-23.)

(20 ILCS 505/7.4)

Sec. 7.4. Development and preservation of sibling

relationships for children in care; placement of siblings;

contact among siblings placed apart.

(a) Purpose and policy. The General Assembly recognizes

that sibling relationships are unique and essential for a

person, but even more so for children who are removed from the

care of their families and placed in the State child welfare

system. When family separation occurs through State

intervention, every effort must be made to preserve, support,

and nurture sibling relationships when doing so is in the best

interest of each sibling. It is in the interests of foster

children who are part of a sibling group to enjoy contact with

one another, as long as the contact is in each child's best

interest. This is true both while the siblings are in State

care and after one or all of the siblings leave State care

through adoption, guardianship, or aging out.

(b) Definitions. For purposes of this Section:

(1) Whenever a best interest determination is required

by this Section, the Department shall consider the factors

set out in subsection (4.05) of Section 1-3 of the

Juvenile Court Act of 1987 and the Department's rules

regarding Sibling Placement, 89 Ill. Adm. Code 301.70, and

Sibling Visitation, 89 Ill. Adm. Code 301.220, and the

Department's rules regarding Placement Selection Criteria,

89 Ill. Adm. Code 301.60.

(2) "Adopted child" means a child who, immediately

preceding the adoption, was in the custody or guardianship

of the Illinois Department of Children and Family Services

under Article II of the Juvenile Court Act of 1987.

(3) "Adoptive parent" means a person who has become a

parent through the legal process of adoption.

(4) "Child" means a person in the temporary custody or

guardianship of the Department who is under the age of 21.

(5) "Child placed in private guardianship" means a

child who, immediately preceding the guardianship, was in

the custody or guardianship of the Illinois Department of

Children and Family Services under Article II of the

Juvenile Court Act of 1987.

(6) "Contact" may include, but is not limited to,

visits, telephone calls, letters, sharing of photographs

or information, e-mails, video conferencing, and other

forms form of communication or contact.

(7) "Legal guardian" means a person who has become the

legal guardian of a child who, immediately prior to the

guardianship, was in the custody or guardianship of the

Illinois Department of Children and Family Services under

Article II of the Juvenile Court Act of 1987.

(8) "Parent" means the child's mother or father who is

named as the respondent in proceedings conducted under

Article II of the Juvenile Court Act of 1987.

(9) "Post Permanency Sibling Contact" means contact

between siblings following the entry of a Judgment Order

for Adoption under Section 14 of the Adoption Act

regarding at least one sibling or an Order for

Guardianship appointing a private guardian under Section

2-27 of or the Juvenile Court Act of 1987, regarding at

least one sibling. Post Permanency Sibling Contact may

include, but is not limited to, visits, telephone calls,

letters, sharing of photographs or information, emails,

video conferencing, and other forms of communication or

connection agreed to by the parties to a Post Permanency

Sibling Contact Agreement.

(10) "Post Permanency Sibling Contact Agreement" means

a written agreement between the adoptive parent or

parents, the child, and the child's sibling regarding post

permanency contact between the adopted child and the

child's sibling, or a written agreement between the legal

guardians, the child, and the child's sibling regarding

post permanency contact between the child placed in

guardianship and the child's sibling. The Post Permanency

Sibling Contact Agreement may specify the nature and

frequency of contact between the adopted child or child

placed in guardianship and the child's sibling following

the entry of the Judgment Order for Adoption or Order for

Private Guardianship. The Post Permanency Sibling Contact

Agreement may be supported by services as specified in

this Section. The Post Permanency Sibling Contact

Agreement is voluntary on the part of the parties to the

Post Permanency Sibling Contact Agreement and is not a

requirement for finalization of the child's adoption or

guardianship. The Post Permanency Sibling Contract

Agreement shall not be enforceable in any court of law or

administrative forum and no cause of action shall be

brought to enforce the Agreement. When entered into, the

Post Permanency Sibling Contact Agreement shall be placed

in the child's Post Adoption or Guardianship case record

and in the case file of a sibling who is a party to the

agreement and who remains in the Department's custody or

guardianship.

(11) "Sibling Contact Support Plan" means a written

document that sets forth the plan for future contact

between siblings who are in the Department's care and

custody and residing separately. The goal of the Support

Plan is to develop or preserve and nurture the siblings'

relationships. The Support Plan shall set forth the role

of the foster parents, caregivers, and others in

implementing the Support Plan. The Support Plan must meet

the minimum standards regarding frequency of in-person

visits provided for in Department rule.

(12) "Siblings" means children who share at least one

parent in common. This definition of siblings applies

solely for purposes of placement and contact under this

Section. For purposes of this Section, children who share

at least one parent in common continue to be siblings

after their parent's parental rights are terminated, if

parental rights were terminated while a petition under

Article II of the Juvenile Court Act of 1987 was pending.

For purposes of this Section, children who share at least

one parent in common continue to be siblings after a

sibling is adopted or placed in private guardianship when

the adopted child or child placed in private guardianship

was in the Department's custody or guardianship under

Article II of the Juvenile Court Act of 1987 immediately

prior to the adoption or private guardianship. For

children who have been in the guardianship of the

Department under Article II of the Juvenile Court Act of

1987, have been adopted, and are subsequently returned to

the temporary custody or guardianship of the Department

under Article II of the Juvenile Court Act of 1987,

"siblings" includes a person who would have been

considered a sibling prior to the adoption and siblings

through adoption.

(c) No later than January 1, 2013, the Department shall

promulgate rules addressing the development and preservation

of sibling relationships. The rules shall address, at a

minimum:

(1) Recruitment, licensing, and support of foster

parents willing and capable of either fostering sibling

groups or supporting and being actively involved in

planning and executing sibling contact for siblings placed

apart. The rules shall address training for foster

parents, licensing workers, placement workers, and others

as deemed necessary.

(2) Placement selection for children who are separated

from their siblings and how to best promote placements of

children with foster parents or programs that can meet the

children's needs, including the need to develop and

maintain contact with siblings.

(3) State-supported guidance to siblings who have aged

out of State state care regarding positive engagement with

siblings.

(4) Implementation of Post Permanency Sibling Contact

Agreements for children exiting State care, including

services offered by the Department to encourage and assist

parties in developing agreements, services offered by the

Department post permanency to support parties in

implementing and maintaining agreements, and including

services offered by the Department post permanency to

assist parties in amending agreements as necessary to meet

the needs of the children.

(5) Services offered by the Department for children

who exited foster care prior to the availability of Post

Permanency Sibling Contact Agreements, to invite willing

parties to participate in a facilitated discussion,

including, but not limited to, a mediation or joint team

decision-making meeting, to explore sibling contact.

(d) The Department shall develop a form to be provided to

youth entering care and exiting care explaining their rights

and responsibilities related to sibling visitation while in

care and post permanency.

(e) Whenever a child enters care or requires a new

placement, the Department shall consider the development and

preservation of sibling relationships.

(1) This subsection applies when a child entering care

or requiring a change of placement has siblings who are in

the custody or guardianship of the Department. When a

child enters care or requires a new placement, the

Department shall examine its files and other available

resources and determine whether a sibling of that child is

in the custody or guardianship of the Department. If the

Department determines that a sibling is in its custody or

guardianship, the Department shall then determine whether

it is in the best interests of each of the siblings for the

child needing placement to be placed with the sibling. If

the Department determines that it is in the best interest

of each sibling to be placed together, and the sibling's

foster parent is able and willing to care for the child

needing placement, the Department shall place the child

needing placement with the sibling. A determination that

it is not in a child's best interest to be placed with a

sibling shall be made in accordance with Department rules,

and documented in the file of each sibling.

(2) This subsection applies when a child who is

entering care has siblings who have been adopted or placed

in private guardianship. When a child enters care, the

Department shall examine its files and other available

resources, including consulting with the child's parents,

to determine whether a sibling of the child was adopted or

placed in private guardianship from State care. The

Department shall determine, in consultation with the

child's parents, whether it would be in the child's best

interests to explore placement with the adopted sibling or

sibling in guardianship. Unless the parent objects, if the

Department determines it is in the child's best interest

to explore the placement, the Department shall contact the

adoptive parents or guardians of the sibling, determine

whether they are willing to be considered as placement

resources for the child, and, if so, determine whether it

is in the best interests of the child to be placed in the

home with the sibling. If the Department determines that

it is in the child's best interests to be placed in the

home with the sibling, and the sibling's adoptive parents

or guardians are willing and capable, the Department shall

make the placement. A determination that it is not in a

child's best interest to be placed with a sibling shall be

made in accordance with Department rule, and documented in

the child's file.

(3) This subsection applies when a child in Department

custody or guardianship requires a change of placement,

and the child has siblings who have been adopted or placed

in private guardianship. When a child in care requires a

new placement, the Department may consider placing the

child with the adoptive parent or guardian of a sibling

under the same procedures and standards set forth in

paragraph (2) of this subsection.

(4) When the Department determines it is not in the

best interest of one or more siblings to be placed

together the Department shall ensure that the child

requiring placement is placed in a home or program where

the caregiver is willing and able to be actively involved

in supporting the sibling relationship to the extent doing

so is in the child's best interest.

(f) When siblings in care are placed in separate

placements, the Department shall develop a Sibling Contact

Support Plan. The Department shall convene a meeting to

develop the Support Plan. The meeting shall include, at a

minimum, the case managers for the siblings, the foster

parents or other care providers if a child is in a non-foster

home placement and the child, when developmentally and

clinically appropriate. The Department shall make all

reasonable efforts to promote the participation of the foster

parents. Parents whose parental rights are intact shall be

invited to the meeting. Others, such as therapists and

mentors, shall be invited as appropriate. The Support Plan

shall set forth future contact and visits between the siblings

to develop or preserve, and nurture the siblings'

relationships. The Support Plan shall set forth the role of

the foster parents and caregivers and others in implementing

the Support Plan. The Support Plan must meet the minimum

standards regarding frequency of in-person visits provided for

in Department rule. The Support Plan will be incorporated in

the child's service plan and reviewed at each administrative

case review. The Support Plan should be modified if one of the

children moves to a new placement, or as necessary to meet the

needs of the children. The Sibling Contact Support Plan for a

child in care may include siblings who are not in the care of

the Department, with the consent and participation of that

child's parent or guardian.

(g) By January 1, 2013, the Department shall develop a

registry so that placement information regarding adopted

siblings and siblings in private guardianship is readily

available to Department and private agency caseworkers

responsible for placing children in the Department's care.

When a child is adopted or placed in private guardianship from

foster care the Department shall inform the adoptive parents

or guardians that they may be contacted in the future

regarding placement of or contact with siblings subsequently

requiring placement.

(h) When a child is in need of an adoptive placement, the

Department shall examine its files and other available

resources and attempt to determine whether a sibling of the

child has been adopted or placed in private guardianship after

being in the Department's custody or guardianship. If the

Department determines that a sibling of the child has been

adopted or placed in private guardianship, the Department

shall make a good faith effort to locate the adoptive parents

or guardians of the sibling and inform them of the

availability of the child for adoption. The Department may

determine not to inform the adoptive parents or guardians of a

sibling of a child that the child is available for adoption

only for a reason permitted under criteria adopted by the

Department by rule, and documented in the child's case file.

If a child available for adoption has a sibling who has been

adopted or placed in guardianship, and the adoptive parents or

guardians of that sibling apply to adopt the child, the

Department shall consider them as adoptive applicants for the

adoption of the child. The Department's final decision as to

whether it will consent to the adoptive parents or guardians

of a sibling being the adoptive parents of the child shall be

based upon the welfare and best interest of the child. In

arriving at its decision, the Department shall consider all

relevant factors, including, but not limited to:

(1) the wishes of the child;

(2) the interaction and interrelationship of the child

with the applicant to adopt the child;

(3) the child's need for stability and continuity of

relationship with parent figures;

(4) the child's adjustment to the child's present

home, school, and community;

(5) the mental and physical health of all individuals

involved;

(6) the family ties between the child and the child's

relatives, including siblings;

(7) the background, age, and living arrangements of

the applicant to adopt the child;

(8) a criminal background report of the applicant to

adopt the child.

If placement of the child available for adoption with the

adopted sibling or sibling in private guardianship is not

feasible, but it is in the child's best interest to develop a

relationship with the child's sibling, the Department shall

invite the adoptive parents, guardian, or guardians for a

mediation or joint team decision-making meeting to facilitate

a discussion regarding future sibling contact.

(i) Post Permanency Sibling Contact Agreement. When a

child in the Department's care has a permanency goal of

adoption or private guardianship, and the Department is

preparing to finalize the adoption or guardianship, the

Department shall convene a meeting with the pre-adoptive

parent or prospective guardian and the case manager for the

child being adopted or placed in guardianship and the foster

parents and case managers for the child's siblings, and others

as applicable. The children should participate as is

developmentally appropriate. Others, such as therapists and

mentors, may participate as appropriate. At the meeting the

Department shall encourage the parties to discuss sibling

contact post permanency. The Department may assist the parties

in drafting a Post Permanency Sibling Contact Agreement.

(1) Parties to the Post Permanency Sibling Contact

Agreement shall include:

(A) The adoptive parent or parents or guardian.

(B) The child's sibling or siblings, parents, or

guardians.

(C) The child.

(2) Consent of child 14 and over. The written consent

of a child age 14 and over to the terms and conditions of

the Post Permanency Sibling Contact Agreement and

subsequent modifications is required.

(3) In developing this Agreement, the Department shall

encourage the parties to consider the following factors:

(A) the physical and emotional safety and welfare

of the child;

(B) the child's wishes;

(C) the interaction and interrelationship of the

child with the child's sibling or siblings who would

be visiting or communicating with the child,

including:

(i) the quality of the relationship between

the child and the sibling or siblings, and

(ii) the benefits and potential harms to the

child in allowing the relationship or

relationships to continue or in ending them;

(D) the child's sense of attachments to the birth

sibling or siblings and adoptive family, including:

(i) the child's sense of being valued;

(ii) the child's sense of familiarity; and

(iii) continuity of affection for the child;

and

(E) other factors relevant to the best interest of

the child.

(4) In considering the factors in paragraph (3) of

this subsection, the Department shall encourage the

parties to recognize the importance to a child of

developing a relationship with siblings including siblings

with whom the child does not yet have a relationship; and

the value of preserving family ties between the child and

the child's siblings, including:

(A) the child's need for stability and continuity

of relationships with siblings, and

(B) the importance of sibling contact in the

development of the child's identity.

(5) Modification or termination of Post Permanency

Sibling Contact Agreement. The parties to the agreement

may modify or terminate the Post Permanency Sibling

Contact Agreement. If the parties cannot agree to

modification or termination, they may request the

assistance of the Department of Children and Family

Services or another agency identified and agreed upon by

the parties to the Post Permanency Sibling Contact

Agreement. Any and all terms may be modified by agreement

of the parties. Post Permanency Sibling Contact Agreements

may also be modified to include contact with siblings

whose whereabouts were unknown or who had not yet been

born when the Judgment Order for Adoption or Order for

Private Guardianship was entered.

(6) Adoptions and private guardianships finalized

prior to August 24, 2012 (the effective date of Public Act

97-1076) amendatory Act. Nothing in this Section prohibits

the parties from entering into a Post Permanency Sibling

Contact Agreement if the adoption or private guardianship

was finalized prior to the effective date of this Section.

If the Agreement is completed and signed by the parties,

the Department shall include the Post Permanency Sibling

Contact Agreement in the child's Post Adoption or Private

Guardianship case record and in the case file of siblings

who are parties to the agreement who are in the

Department's custody or guardianship.

(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;

revised 1-30-24.)

(20 ILCS 505/17) (from Ch. 23, par. 5017)

Sec. 17. Youth and Community Services Program. The

Department of Human Services shall develop a State program for

youth and community services which will assure that youth who

come into contact or may come into contact with either the

child welfare system or the juvenile justice system will have

access to needed community, prevention, diversion, emergency,

and independent living services. The term "youth" means a

person under the age of 19 years. The term "homeless youth"

means a youth who cannot be reunited with the youth's family

and is not in a safe and stable living situation. This Section

shall not be construed to require the Department of Human

Services to provide services under this Section to any

homeless youth who is at least 18 years of age but is younger

than 19 years of age; however, the Department may, in its

discretion, provide services under this Section to any such

homeless youth.

(a) The goals of the program shall be to:

(1) maintain children and youths in their own

community;

(2) eliminate unnecessary categorical funding of

programs by funding more comprehensive and integrated

programs;

(3) encourage local volunteers and voluntary

associations in developing programs aimed at preventing

and controlling juvenile delinquency;

(4) address voids in services and close service gaps;

(5) develop program models aimed at strengthening the

relationships between youth and their families and aimed

at developing healthy, independent lives for homeless

youth;

(6) contain costs by redirecting funding to more

comprehensive and integrated community-based services; and

(7) coordinate education, employment, training and

other programs for youths with other State agencies.

(b) The duties of the Department under the program shall

be to:

(1) design models for service delivery by local

communities;

(2) test alternative systems for delivering youth

services;

(3) develop standards necessary to achieve and

maintain, on a statewide basis, more comprehensive and

integrated community-based youth services;

(4) monitor and provide technical assistance to local

boards and local service systems;

(5) assist local organizations in developing programs

which address the problems of youths and their families

through direct services, advocacy with institutions, and

improvement of local conditions;

(6) (blank); and

(7) establish temporary emergency placements for youth

in crisis as defined by the Children's Behavioral Health

Transformation Team through comprehensive community-based

youth services provider grants.

(A) Temporary emergency placements:

(i) must be licensed through the Department of

Children and Family Services or, in the case of a

foster home or host home, by the supervising child

welfare agency;

(ii) must be strategically situated to meet

regional need and minimize geographic disruption

in consultation with the Children's Behavioral

Health Transformation Officer and the Children's

Behavioral Health Transformation Team; and

(iii) shall include Comprehensive

Community-Based Youth Services program host homes,

foster homes, homeless youth shelters, Department

of Children and Family Services youth shelters, or

other licensed placements for minor youth

compliant with the Child Care Act of 1969 provided

under the Comprehensive Community-Based Youth

Services program.

(B) Beginning on August 11, 2023 (the effective

date of Public Act 103-546) this amendatory Act of the

103rd General Assembly, once sufficient capacity has

been developed, temporary emergency placements must

also include temporary emergency placement shelters

provided under the Comprehensive Community-Based Youth

Services program. Temporary emergency placement

shelters shall be managed by Comprehensive

Community-Based Youth Services provider organizations

and shall be available to house youth receiving

interim 24/7 crisis intervention services as defined

by the Juvenile Court Act of 1987 and the

Comprehensive Community-Based Youth Services program

grant and the Department, and shall provide access to

clinical supports for youth while staying at the

shelter.

(C) Comprehensive Community-Based Youth Services

organizations shall retain the sole authority to place

youth in host homes and temporary emergency placement

shelters provided under the Comprehensive

Community-Based Youth Services program.

(D) Crisis youth, as defined by the Children's

Behavioral Health Transformation Team, shall be

prioritized in temporary emergency placements.

(E) Additional placement options may be authorized

for crisis and non-crisis program youth with the

permission of the youth's parent or legal guardian.

(F) While in a temporary emergency placement, the

organization shall work with the parent, guardian, or

custodian to effectuate the youth's return home or to

an alternative long-term living arrangement. As

necessary, the agency or association shall also work

with the youth's local school district, the

Department, the Department of Human Services, the

Department of Healthcare and Family Services, and the

Department of Juvenile Justice to identify immediate

and long-term services, treatment, or placement.

Nothing in this Section shall be construed or applied in a

manner that would conflict with, diminish, or infringe upon,

any State agency's obligation to comply fully with

requirements imposed under a court order or State or federal

consent decree applicable to that agency.

(Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23;

revised 8-28-23.)

(20 ILCS 505/21)

Sec. 21. Investigative powers; training.

(a) To make such investigations as it may deem necessary

to the performance of its duties.

(b) In the course of any such investigation any qualified

person authorized by the Director may administer oaths and

secure by its subpoena both the attendance and testimony of

witnesses and the production of books and papers relevant to

such investigation. Any person who is served with a subpoena

by the Department to appear and testify or to produce books and

papers, in the course of an investigation authorized by law,

and who refuses or neglects to appear, or to testify, or to

produce books and papers relevant to such investigation, as

commanded in such subpoena, shall be guilty of a Class B

misdemeanor. The fees of witnesses for attendance and travel

shall be the same as the fees of witnesses before the circuit

courts of this State. Any circuit court of this State, upon

application of the person requesting the hearing or the

Department, may compel the attendance of witnesses, the

production of books and papers, and giving of testimony before

the Department or before any authorized officer or employee

thereof, by an attachment for contempt or otherwise, in the

same manner as production of evidence may be compelled before

such court. Every person who, having taken an oath or made

affirmation before the Department or any authorized officer or

employee thereof, shall willfully swear or affirm falsely,

shall be guilty of perjury and upon conviction shall be

punished accordingly.

(c) Investigations initiated under this Section shall

provide individuals due process of law, including the right to

a hearing, to cross-examine witnesses, to obtain relevant

documents, and to present evidence. Administrative findings

shall be subject to the provisions of the Administrative

Review Law.

(d) Beginning July 1, 1988, any child protective

investigator or supervisor or child welfare specialist or

supervisor employed by the Department on January 1, 1988 (the

effective date of Public Act 85-206) this amendatory Act of

1987 shall have completed a training program which shall be

instituted by the Department. The training program shall

include, but not be limited to, the following: (1) training in

the detection of symptoms of child neglect and drug abuse; (2)

specialized training for dealing with families and children of

drug abusers; and (3) specific training in child development,

family dynamics and interview techniques. Such program shall

conform to the criteria and curriculum developed under Section

4 of the Child Protective Investigator and Child Welfare

Specialist Certification Act of 1987. Failure to complete such

training due to lack of opportunity provided by the Department

shall in no way be grounds for any disciplinary or other action

against an investigator or a specialist.

The Department shall develop a continuous inservice staff

development program and evaluation system. Each child

protective investigator and supervisor and child welfare

specialist and supervisor shall participate in such program

and evaluation and shall complete a minimum of 20 hours of

inservice education and training every 2 years in order to

maintain certification.

Any child protective investigator or child protective

supervisor, or child welfare specialist or child welfare

specialist supervisor hired by the Department who begins

actual employment after January 1, 1988 (the effective date of

Public Act 85-206) this amendatory Act of 1987, shall be

certified pursuant to the Child Protective Investigator and

Child Welfare Specialist Certification Act of 1987 before

beginning such employment. Nothing in this Act shall replace

or diminish the rights of employees under the Illinois Public

Labor Relations Act, as amended, or the National Labor

Relations Act. In the event of any conflict between either of

those Acts, or any collective bargaining agreement negotiated

thereunder, and the provisions of subsections (d) and (e), the

former shall prevail and control.

(e) The Department shall develop and implement the

following:

(1) A safety-based child welfare intervention system.

(2) Related training procedures.

(3) A standardized method for demonstration of

proficiency in application of the safety-based child

welfare intervention system.

(4) An evaluation of the reliability and validity of

the safety-based child welfare intervention system.

All child protective investigators and supervisors and child

welfare specialists and supervisors employed by the Department

or its contractors shall be required, subsequent to the

availability of training under this Act, to demonstrate

proficiency in application of the safety-based child welfare

intervention system previous to being permitted to make safety

decisions about the children for whom they are responsible.

The Department shall establish a multi-disciplinary advisory

committee appointed by the Director, including, but not

limited to, representatives from the fields of child

development, domestic violence, family systems, juvenile

justice, law enforcement, health care, mental health,

substance abuse, and social service to advise the Department

and its related contractors in the development and

implementation of the safety-based child welfare intervention

system, related training, method for demonstration of

proficiency in application of the safety-based child welfare

intervention system, and evaluation of the reliability and

validity of the safety-based child welfare intervention

system. The Department shall develop the safety-based child

welfare intervention system, training curriculum, method for

demonstration of proficiency in application of the

safety-based child welfare intervention system, and method for

evaluation of the reliability and validity of the safety-based

child welfare intervention system. Training and demonstration

of proficiency in application of the safety-based child

welfare intervention system for all child protective

investigators and supervisors and child welfare specialists

and supervisors shall be completed as soon as practicable. The

Department shall submit to the General Assembly on or before

December 31, 2026, and every year thereafter, an annual report

on the evaluation of the reliability and validity of the

safety-based child welfare intervention system. The Department

shall contract with a not-for-profit not for profit

organization with demonstrated expertise in the field of

safety-based child welfare intervention to assist in the

development and implementation of the safety-based child

welfare intervention system, related training, method for

demonstration of proficiency in application of the

safety-based child welfare intervention system, and evaluation

of the reliability and validity of the safety-based child

welfare intervention system.

(f) The Department shall provide each parent or guardian

and responsible adult caregiver participating in a safety plan

a copy of the written safety plan as signed by each parent or

guardian and responsible adult caregiver and by a

representative of the Department. The Department shall also

provide each parent or guardian and responsible adult

caregiver safety plan information on their rights and

responsibilities that shall include, but need not be limited

to, information on how to obtain medical care, emergency phone

numbers, and information on how to notify schools or day care

providers as appropriate. The Department's representative

shall ensure that the safety plan is reviewed and approved by

the child protection supervisor.

(Source: P.A. 103-22, eff. 8-8-23; 103-460, eff. 1-1-24;

revised 9-11-23.)

Section 75. The Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of Illinois

is amended by renumbering Section 1105 as follows:

(20 ILCS 605/605-1103)

(Section scheduled to be repealed on December 31, 2024)

Sec. 605-1103 1105. Power price mitigation assistance.

Subject to appropriation from such funds made available, the

Department shall reimburse up to $200,000,000 to an eligible

electric utility serving adversely impacted residential and

small commercial customers pursuant to Section 16-107.7 of the

Public Utilities Act. This Section is repealed December 31,

2024.

(Source: P.A. 102-1123, eff. 1-27-23; revised 10-18-23.)

Section 80. 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, for an initial term of 20 years with

an option for renewal for a term not to exceed 20 years,

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, commits to do, or is

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 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

electric generation plant or a 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 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 coal-mining jobs.

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 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 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 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); or

(G) the business intends to establish a new

cultured cell material food production facility at a

designated location in Illinois. As used in this

paragraph (G):

"Cultured cell material food production facility"

means a facility (i) at which cultured animal cell

food is developed using animal cell culture

technology, (ii) at which production processes occur

that include the establishment of cell lines and cell

banks, manufacturing controls, and all components and

inputs, and (iii) that complies with all existing

registrations, inspections, licensing, and approvals

from all applicable and participating State and

federal food agencies, including the Department of

Agriculture, the Department of Public Health, and the

United States Food and Drug Administration, to ensure

that all food production is safe and lawful under

provisions of the Federal Food, Drug and Cosmetic Act

related to the development, production, and storage of

cultured animal cell food.

"New cultured cell material food production

facility" means a newly constructed cultured cell

material food production facility that is placed in

service on or after June 7, 2023 (the effective date of

Public Act 103-9) this amendatory Act of the 103rd

General Assembly or a newly constructed expansion of

an existing cultured cell material food production

facility, in a controlled environment, when the

improvements are placed in service on or after June 7,

2023 (the effective date of Public Act 103-9) this

amendatory Act of the 103rd General Assembly; or and

(H) (G) the business is an existing or planned

grocery store, as that term is defined in Section 5 of

the Grocery Initiative Act, and receives financial

support under that Act within the 10 years before

submitting its application under this Act; 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),

(a)(3)(D), and (a)(3)(G), and (a)(3)(H) 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, the new, expanded, or reopened

coal mine, or the new cultured cell material food production

facility, or the existing or planned grocery store 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), (a)(3)(E-5), or (a)(3)(G), or (a)(3)(H) 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 businesses contemplated under

subdivision (a)(3)(E), or subdivision (a)(3)(G), or

subdivision (a)(3)(H) 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), or subdivision (a)(3)(G), or subdivision (a)(3)(H)

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 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 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.

(l) The changes made to this Section by Public Act

102-1125 this amendatory Act of the 102nd General Assembly,

other than the changes in subsection (a), apply to High Impact

Businesses high impact businesses that submit applications on

or after February 3, 2023 (the effective date of Public Act

102-1125) this amendatory Act of the 102nd General Assembly.

(Source: P.A. 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; 102-813, eff. 5-13-22; 102-1125, eff. 2-3-23; 103-9,

eff. 6-7-23; 103-561, eff. 1-1-24; revised 9-27-23.)

Section 85. The Department of Human Services Act is

amended by changing Sections 10-75 and 80-45 as follows:

(20 ILCS 1305/10-75)

Sec. 10-75. Homelessness supports in Illinois.

(a) The Office to Prevent and End Homelessness (Office) is

created within the Department of Human Services to facilitate

the implementation of a strategic plan and initiatives aimed

at decreasing homelessness and unnecessary

institutionalization in Illinois, improving health and human

services outcomes for people who experience homelessness, and

strengthening the safety nets that contribute to housing

stability. The Office shall be led by the State Homelessness

Chief Officer who shall report to the Secretary of the

Department. The Chief Officer shall also chair the Interagency

Task Force on Homelessness, co-chair the Community Advisory

Council on Homelessness, and lead the State's comprehensive

efforts related to homelessness prevention. The Chief Officer

shall serve as a policymaker and spokesperson on homelessness

prevention, including coordinating the multi-agency effort

through legislation, rules, and budgets and communicating with

the General Assembly and federal and local leaders on these

critical issues.

(b) The Interagency Task Force on Homelessness is created

within the Department of Human Services to facilitate and

implement initiatives related to decreasing homelessness and

unnecessary institutionalization in this State, improve health

and human services outcomes for people who experience

homelessness, and strengthen the safety nets that contribute

to housing stability. The Task Force shall:

(1) Implement the State Plan which is aimed at

addressing homelessness and unnecessary

institutionalization with the goals of achieving

functional zero homelessness, improving health and human

services outcomes for people experiencing homelessness,

and strengthening the safety nets that contribute to

housing stability.

(2) Recommend policy, regulatory, and resource changes

necessary to accomplish goals and objectives laid out in

the State Plan.

(3) Serve within State government and in the State at

large as an advocate for people experiencing homelessness.

(4) Provide leadership for and collaborate with those

developing and implementing local plans to end

homelessness in Illinois, including, but not limited to,

the Community Advisory Council and its members.

(5) Recommend the resources needed for successful

implementation and oversee that implementation.

(6) Recommend and promote effective interagency

collaboration and system integration to converge related

efforts, including coordination with the Illinois Youth

Homelessness Prevention Subcommittee, the Illinois

Commission on the Elimination of Poverty, and the Illinois

Commission to End Hunger on drafting policy

recommendations related to the intersection of

homelessness and poverty.

(7) Recommend needed policy, regulatory, and resource

distribution changes; make oversight recommendations that

will ensure accountability, results, and sustained

success; and develop specific proposals and

recommendations for action to provide to the Governor and

the General Assembly.

(c) (Blank).

(d) The Task Force may solicit feedback from stakeholders,

customers, and advocates to inform Task Force recommendations

as necessary.

(e) On or before December 1, 2024, and each year

thereafter, the Task Force shall submit a report to the

Governor and General Assembly regarding the Task Force's work

during the year prior, any new recommendations developed by

the Task Force, any recommendations made by the Community

Advisory Council on Homelessness, and any key outcomes and

measures related to homelessness.

(f) The Task Force shall include the following members

appointed by the Governor:

(1) The Chief Homelessness Officer, who shall serve as

Chair.

(2) The Secretary of Human Services, or his or her

designee.

(3) The Executive Director of the Illinois Housing

Development Authority, or his or her designee.

(4) The Director of Healthcare and Family Services, or

his or her designee.

(5) The Superintendent of the State Board of

Education, or his or her designee.

(6) The Executive Director of the Board of Higher

Education, or his or her designee.

(7) The Executive Director of the Illinois Community

College Board, or his or her designee.

(8) The Director of Corrections, or his or her

designee.

(9) The Director of Veterans' Affairs, or his or her

designee.

(10) The Director of Children and Family Services, or

his or her designee.

(11) The Director of Public Health, or his or her

designee.

(12) The Director of Aging, or his or her designee.

(13) The Director of Juvenile Justice, or his or her

designee.

(14) The Director of Commerce and Economic

Opportunity, or his or her designee.

(15) The Director of Employment Security, or his or

her designee.

(16) The Director of the Illinois State Police, or his

or her designee.

(17) The Executive Director of the Illinois Criminal

Justice Information Authority, or his or her designee.

(18) The Director of the Office of Management and

Budget, or his or her designee.

(g) The Task Force shall also include the following

members:

(1) One member appointed by the President of the

Senate.

(2) One member appointed by the Minority Leader of the

Senate.

(3) One member appointed by the Speaker of the House

of Representatives.

(4) One member appointed by the Minority Leader of the

House of Representatives.

(h) The Chair of the Task Force may appoint additional

representatives from State agencies as needed.

(i) The Task Force shall meet at the call of the chair, at

least 4 times per year. Members shall serve without

compensation.

(j) The Task Force may establish subcommittees to address

specific issues or populations and may collaborate with

individuals with relevant expertise who are not members of the

Task Force to assist the subcommittee in carrying out its

duties.

(k) The Department of Human Services shall provide

administrative support to the Task Force.

(l) Nothing in this Act shall be construed to contravene

any federal or State law or regulation. Unless specifically

referenced in this Act, nothing in this Act shall affect or

alter the existing statutory powers of any State agency or be

construed as a reassignment or reorganization of any State

agency.

(m) Community Advisory Council. The Community Advisory

Council on Homelessness is created within the Department of

Human Services to make recommendations to the Interagency Task

Force on Homelessness regarding homelessness and unnecessary

institutionalization with the goals of achieving functional

zero homelessness, improving health and human services

outcomes for people experiencing homelessness and

strengthening the safety nets that contribute to housing

stability.

(1) The Advisory Council shall be co-chaired by the

Chief Homelessness Officer and a member of the Advisory

Council designated by the Governor. The Advisory Council

shall consist of all of the following members appointed by

the Governor. Members appointed to the Advisory Council

must reflect the racial, ethnic, and geographic diversity

of this State. The Chief may include any State agency

staff that they deem necessary as ex officio, nonvoting

members of the Community Advisory Council.

(A) Three members with lived experience of

homelessness or housing insecurity, which may include,

but are not limited to, formerly incarcerated persons,

veterans, and youth (16 to 25 years old).

(B) One member representing individuals with

disabilities.

(C) Two members representing the philanthropic

private funding sector.

(D) One member representing a statewide behavioral

health advocacy organization.

(E) One member representing a statewide housing

advocacy organization.

(F) At least 2 members representing local

Continuums of Care.

(G) At least 3 members representing local units of

government (municipal, county, or township).

(H) One member representing an organization that

supports victims of domestic violence.

(I) A minimum of 4 members representing providers

of the homeless response system inclusive of, but not

limited to, emergency supportive housing, rapid

rehousing, permanent supportive housing, homeless

youth programs, and homeless prevention.

(J) Two members, who may or may not meet the

qualification requirements for the other appointees.

The Advisory Council shall meet at least 4 times per year.

(2) Members shall serve without compensation, but

public members may be reimbursed for reasonable and

necessary travel expenses connected to Task Force

business. Persons with lived experience of homelessness

and housing insecurity, who are not otherwise compensated

by employers to attend the Community Advisory Council,

shall receive compensation for each quarterly Council

meeting attended.

(3) The meetings of the Advisory Council shall be

conducted in accordance with the provisions of Section 2

of the Open Meetings Act. The Department of Human Services

shall provide staff and administrative support to assist

the Advisory Council in carrying out its duties.

(4) Nothing in this Act shall be construed to

contravene any federal or State law or regulation. Unless

specifically referenced in this Act, nothing in this Act

shall affect or alter the existing statutory powers of any

State agency or be construed as a reassignment or

reorganization of any State agency.

(5) On or before November 15, 2023, and each year

thereafter, the Advisory Council shall submit

recommendations to the Interagency Task Force on

Homelessness.

(Source: P.A. 103-269, eff. 7-26-23; revised 1-20-24.)

(20 ILCS 1305/80-45)

Sec. 80-45. Funding agent and administration.

(a) The Department shall act as funding agent under the

terms of the Illinois Affordable Housing Act and shall

administer other appropriations for the use of the Illinois

Housing Development Authority.

(b) The Department may enter into contracts,

intergovernmental agreements, grants, cooperative agreements,

memoranda of understanding, or other instruments with any

federal, State, or local government agency as necessary to

fulfill its role as funding agent in compliance with State and

federal law. The Department and the Department of Revenue

shall coordinate, in consultation with the Illinois Housing

Development Authority, the transition of the funding agent

role, including the transfer of any and all books, records, or

documents, in whatever form stored, necessary to the

Department's execution of the duties of the funding agent, and

the Department may submit to the Governor's Office of

Management and Budget requests for exception pursuant to

Section 55 of the Grant Accountability and Transparency Act.

Notwithstanding Section 5 of the Illinois Grant Funds Recovery

Act, for State fiscal years 2023 and 2024 only, in order to

accomplish the transition of the funding agent role to the

Department, grant funds may be made available for expenditure

by a grantee for a period of 3 years from the date the funds

were distributed by the State.

(Source: P.A. 103-8, eff. 7-1-23; revised 9-25-23.)

Section 90. The Department of Innovation and Technology

Act is amended by changing Section 1-80 as follows:

(20 ILCS 1370/1-80)

Sec. 1-80. Generative AI and Natural Language Processing

Task Force.

(a) As used in this Section, "Task Force" means the

Generative AI and Natural Language Processing Task Force

established by this Section.

(b) The Department shall establish the Generative AI and

Natural Language Processing Task Force. The Task Force shall

investigate and provide a report on generative artificial

intelligence software and natural language processing

software.

(c) The Task Force shall be composed of all of the

following members:

(1) One member appointed by the Speaker of the House

of Representatives, who shall serve as a co-chairperson.

(2) One member appointed by the Minority Leader of the

House of Representatives.

(3) One member appointed by the President of the

Senate, who shall serve as a co-chairperson.

(4) One member appointed by the Minority Leader of the

Senate.

(5) The Secretary of the Department of Innovation and

Technology or his or her designee.

(6) The State Superintendent of Education or his or

her designee.

(7) The Executive Director of the Illinois Community

College Board or his or her designee.

(8) The Executive Director of the Board of Higher

Education or his or her designee.

(9) Two teachers recommended by a statewide

association representing teachers, appointed by the

Governor.

(10) Two principals recommended by a statewide

principals association, appointed by the Governor.

(11) Two experts on cybersecurity, appointed by the

Governor.

(12) Two experts on artificial intelligence, appointed

by the Governor.

(13) Two members of statewide business associations,

appointed by the Governor.

(14) The Statewide Chief Information Security Officer

or his or her designee.

(15) Two members of statewide labor associations,

appointed by the Governor.

(16) The Attorney General or his or her designee.

(d) The Task Force shall hold at least 5 public meetings in

a hybrid format, with both virtual and in-person options to

attend. Of those required 5 meetings, one shall be held in each

of the following locations:

(1) Chicago;

(2) Springfield;

(3) the Metro East region;

(4) the Quad Cities region; and

(5) Southern Illinois.

(e) The responsibilities of the Task Force shall include

all of the following:

(1) recommending legislation or regulations to protect

consumer information as it relates to generative

artificial intelligence;

(2) recommending model policies for schools to address

the use of generative artificial intelligence by students

in the classroom;

(3) assessing the use of generative artificial

intelligence to improve delivery of public services;

(4) (5) protecting civil rights and civil liberties of

individuals and consumers as it relates to generative

artificial intelligence;

(5) (6) assessing the use of generative artificial

intelligence in the workforce and how this could affect

employment levels, types of employment, and the deployment

of workers;

(6) (7) assessing the challenges of generative

artificial intelligence for cybersecurity; and

(7) (8) other topics related to generative artificial

intelligence software and natural language processing

software that may arise from testimony or reports to the

Task Force submitted by its members or the public.

(f) The Department shall provide administrative and

technical support to the Task Force.

(g) The Task Force shall file a report by December 31, 2024

with the Governor and the General Assembly covering the Task

Force's investigation into generative artificial intelligence

software and natural language processing software and the Task

Force's responsibilities under subsection (e).

(Source: P.A. 103-451, eff. 8-4-23; revised 11-1-23.)

Section 95. The Department of Insurance Law of the Civil

Administrative Code of Illinois is amended by setting forth

and renumbering multiple versions of Section 1405-50 as

follows:

(20 ILCS 1405/1405-50)

Sec. 1405-50. Marketplace Director of the Illinois Health

Benefits Exchange. The Governor shall appoint, with the advice

and consent of the Senate, a person within the Department of

Insurance to serve as the Marketplace Director of the Illinois

Health Benefits Exchange. The Governor may make a temporary

appointment until the next meeting of the Senate. This person

may be an existing employee with other duties. The Marketplace

Director shall receive an annual salary as set by the Governor

and shall be paid out of the appropriations to the Department.

The Marketplace Director shall not be subject to the Personnel

Code. The Marketplace Director, under the direction of the

Director, shall manage the operations and staff of the

Illinois Health Benefits Exchange to ensure optimal exchange

performance.

(Source: P.A. 103-103, eff. 6-27-23.)

(20 ILCS 1405/1405-51)

Sec. 1405-51 1405-50. Health insurance coverage,

affordability, and cost transparency annual report.

(a) On or before May 1, 2026, and each May 1 thereafter,

the Department of Insurance shall report to the Governor and

the General Assembly on health insurance coverage,

affordability, and cost trends, including:

(1) medical cost trends by major service category,

including prescription drugs;

(2) utilization patterns of services by major service

categories;

(3) impact of benefit changes, including essential

health benefits and non-essential health benefits;

(4) enrollment trends;

(5) demographic shifts;

(6) geographic factors and variations, including

changes in provider availability;

(7) health care quality improvement initiatives;

(8) inflation and other factors impacting this State's

economic condition;

(9) the availability of financial assistance and tax

credits to pay for health insurance coverage for

individuals and small businesses;

(10) trends in out-of-pocket costs for consumers; and

(11) factors contributing to costs that are not

otherwise specified in paragraphs (1) through (10) of this

subsection.

(b) This report shall not attribute any information or

trend to a specific company and shall not disclose any

information otherwise considered confidential or proprietary.

(Source: P.A. 103-106, eff. 1-1-24; revised 12-19-23.)

Section 100. The Department of Professional Regulation Law

of the Civil Administrative Code of Illinois is amended by

changing Section 2105-15 and by setting forth and renumbering

multiple versions of Section 2105-370 as follows:

(20 ILCS 2105/2105-15)

Sec. 2105-15. General powers and duties.

(a) The Department has, subject to the provisions of the

Civil Administrative Code of Illinois, the following powers

and duties:

(1) To authorize examinations in English to ascertain

the qualifications and fitness of applicants to exercise

the profession, trade, or occupation for which the

examination is held.

(2) To prescribe rules and regulations for a fair and

wholly impartial method of examination of candidates to

exercise the respective professions, trades, or

occupations.

(3) To pass upon the qualifications of applicants for

licenses, certificates, and authorities, whether by

examination, by reciprocity, or by endorsement.

(4) To prescribe rules and regulations defining, for

the respective professions, trades, and occupations, what

shall constitute a school, college, or university, or

department of a university, or other institution,

reputable and in good standing, and to determine the

reputability and good standing of a school, college, or

university, or department of a university, or other

institution, reputable and in good standing, by reference

to a compliance with those rules and regulations;

provided, that no school, college, or university, or

department of a university, or other institution that

refuses admittance to applicants solely on account of

race, color, creed, sex, sexual orientation, or national

origin shall be considered reputable and in good standing.

(5) To conduct hearings on proceedings to revoke,

suspend, refuse to renew, place on probationary status, or

take other disciplinary action as authorized in any

licensing Act administered by the Department with regard

to licenses, certificates, or authorities of persons

exercising the respective professions, trades, or

occupations and to revoke, suspend, refuse to renew, place

on probationary status, or take other disciplinary action

as authorized in any licensing Act administered by the

Department with regard to those licenses, certificates, or

authorities.

The Department shall issue a monthly disciplinary

report.

The Department shall refuse to issue or renew a

license to, or shall suspend or revoke a license of, any

person who, after receiving notice, fails to comply with a

subpoena or warrant relating to a paternity or child

support proceeding. However, the Department may issue a

license or renewal upon compliance with the subpoena or

warrant.

The Department, without further process or hearings,

shall revoke, suspend, or deny any license or renewal

authorized by the Civil Administrative Code of Illinois to

a person who is certified by the Department of Healthcare

and Family Services (formerly Illinois Department of

Public Aid) as being more than 30 days delinquent in

complying with a child support order or who is certified

by a court as being in violation of the Non-Support

Punishment Act for more than 60 days. The Department may,

however, issue a license or renewal if the person has

established a satisfactory repayment record as determined

by the Department of Healthcare and Family Services

(formerly Illinois Department of Public Aid) or if the

person is determined by the court to be in compliance with

the Non-Support Punishment Act. The Department may

implement this paragraph as added by Public Act 89-6

through the use of emergency rules in accordance with

Section 5-45 of the Illinois Administrative Procedure Act.

For purposes of the Illinois Administrative Procedure Act,

the adoption of rules to implement this paragraph shall be

considered an emergency and necessary for the public

interest, safety, and welfare.

(6) To transfer jurisdiction of any realty under the

control of the Department to any other department of the

State Government or to acquire or accept federal lands

when the transfer, acquisition, or acceptance is

advantageous to the State and is approved in writing by

the Governor.

(7) To formulate rules and regulations necessary for

the enforcement of any Act administered by the Department.

(8) To exchange with the Department of Healthcare and

Family Services information that may be necessary for the

enforcement of child support orders entered pursuant to

the Illinois Public Aid Code, the Illinois Marriage and

Dissolution of Marriage Act, the Non-Support of Spouse and

Children Act, the Non-Support Punishment Act, the Revised

Uniform Reciprocal Enforcement of Support Act, the Uniform

Interstate Family Support Act, the Illinois Parentage Act

of 1984, or the Illinois Parentage Act of 2015.

Notwithstanding any provisions in this Code to the

contrary, the Department of Financial and Professional

Regulation shall not be liable under any federal or State

law to any person for any disclosure of information to the

Department of Healthcare and Family Services (formerly

Illinois Department of Public Aid) under this paragraph

(8) or for any other action taken in good faith to comply

with the requirements of this paragraph (8).

(8.3) To exchange information with the Department of

Human Rights regarding recommendations received under

paragraph (B) of Section 8-109 of the Illinois Human

Rights Act regarding a licensee or candidate for licensure

who has committed a civil rights violation that may lead

to the refusal, suspension, or revocation of a license

from the Department.

(8.5) To accept continuing education credit for

mandated reporter training on how to recognize and report

child abuse offered by the Department of Children and

Family Services and completed by any person who holds a

professional license issued by the Department and who is a

mandated reporter under the Abused and Neglected Child

Reporting Act. The Department shall adopt any rules

necessary to implement this paragraph.

(9) To perform other duties prescribed by law.

(a-5) Except in cases involving delinquency in complying

with a child support order or violation of the Non-Support

Punishment Act and notwithstanding anything that may appear in

any individual licensing Act or administrative rule, no person

or entity whose license, certificate, or authority has been

revoked as authorized in any licensing Act administered by the

Department may apply for restoration of that license,

certification, or authority until 3 years after the effective

date of the revocation.

(b) (Blank).

(c) For the purpose of securing and preparing evidence,

and for the purchase of controlled substances, professional

services, and equipment necessary for enforcement activities,

recoupment of investigative costs, and other activities

directed at suppressing the misuse and abuse of controlled

substances, including those activities set forth in Sections

504 and 508 of the Illinois Controlled Substances Act, the

Director and agents appointed and authorized by the Director

may expend sums from the Professional Regulation Evidence Fund

that the Director deems necessary from the amounts

appropriated for that purpose. Those sums may be advanced to

the agent when the Director deems that procedure to be in the

public interest. Sums for the purchase of controlled

substances, professional services, and equipment necessary for

enforcement activities and other activities as set forth in

this Section shall be advanced to the agent who is to make the

purchase from the Professional Regulation Evidence Fund on

vouchers signed by the Director. The Director and those agents

are authorized to maintain one or more commercial checking

accounts with any State banking corporation or corporations

organized under or subject to the Illinois Banking Act for the

deposit and withdrawal of moneys to be used for the purposes

set forth in this Section; provided, that no check may be

written nor any withdrawal made from any such account except

upon the written signatures of 2 persons designated by the

Director to write those checks and make those withdrawals.

Vouchers for those expenditures must be signed by the

Director. All such expenditures shall be audited by the

Director, and the audit shall be submitted to the Department

of Central Management Services for approval.

(d) 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,

the information contained in State files that is necessary to

fulfill the request.

(e) The provisions of this Section do not apply to private

business and vocational schools as defined by Section 15 of

the Private Business and Vocational Schools Act of 2012.

(f) (Blank).

(f-5) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall allow an applicant to provide his or her

individual taxpayer identification number as an alternative to

providing a social security number when applying for a

license.

(g) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall deny any license application or renewal

authorized under any licensing Act administered by the

Department to any person who has failed 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 requirement of

any such tax Act are satisfied; however, the Department may

issue a license or renewal if the person has established a

satisfactory repayment record as determined by the Illinois

Department of Revenue. For the purpose of this Section,

"satisfactory repayment record" shall be defined by rule.

In addition, a complaint filed with the Department by the

Illinois Department of Revenue that includes a certification,

signed by its Director or designee, attesting to the amount of

the unpaid tax liability or the years for which a return was

not filed, or both, is prima facie evidence of the licensee's

failure to comply with the tax laws administered by the

Illinois Department of Revenue. Upon receipt of that

certification, the Department shall, without a hearing,

immediately suspend all licenses held by the licensee.

Enforcement of the Department's order shall be stayed for 60

days. The Department shall provide notice of the suspension to

the licensee by mailing a copy of the Department's order to the

licensee's address of record or emailing a copy of the order to

the licensee's email address of record. The notice shall

advise the licensee that the suspension shall be effective 60

days after the issuance of the Department's order unless the

Department receives, from the licensee, a request for a

hearing before the Department to dispute the matters contained

in the order.

Any suspension imposed under this subsection (g) shall be

terminated by the Department upon notification from the

Illinois Department of Revenue that the licensee is in

compliance with all tax laws administered by the Illinois

Department of Revenue.

The Department may promulgate rules for the administration

of this subsection (g).

(g-5) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall refuse the issuance or renewal of a license

to, or suspend or revoke the license of, any individual,

corporation, partnership, or other business entity that has

been found by the Illinois Workers' Compensation Commission or

the Department of Insurance to have failed to (i) secure

workers' compensation obligations in the manner required by

subsections (a) and (b) of Section 4 of the Workers'

Compensation Act, (ii) pay in full a fine or penalty imposed

due to a failure to secure workers' compensation obligations

in the manner required by subsections (a) and (b) of Section 4

of the Workers' Compensation Act, or (iii) fulfill all

obligations assumed pursuant to a settlement reached with the

Illinois Workers' Compensation Commission or the Department of

Insurance relating to a failure to secure workers'

compensation obligations in the manner required by subsections

(a) and (b) of Section 4 of the Workers' Compensation Act. No

initial or renewal license shall be issued, and no suspended

license shall be reinstated, until such time that the

Department is notified by the Illinois Workers' Compensation

Commission or the Department of Insurance that the licensee's

or applicant's failure to comply with subsections (a) and (b)

of Section 4 of the Workers' Compensation Act has been

corrected or otherwise resolved to satisfaction of the

Illinois Workers' Compensation Commission or the Department of

Insurance.

In addition, a complaint filed with the Department by the

Illinois Workers' Compensation Commission or the Department of

Insurance that includes a certification, signed by its

Director or Chairman, or the Director or Chairman's designee,

attesting to a finding of the failure to secure workers'

compensation obligations in the manner required by subsections

(a) and (b) of Section 4 of the Workers' Compensation Act or

the failure to pay any fines or penalties or to discharge any

obligation under a settlement relating to the failure to

secure workers' compensation obligations in the manner

required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act is prima facie evidence of the

licensee's or applicant's failure to comply with subsections

(a) and (b) of Section 4 of the Workers' Compensation Act. Upon

receipt of that certification, the Department shall, without a

hearing, immediately suspend all licenses held by the licensee

or the processing of any application from the applicant.

Enforcement of the Department's order shall be stayed for 60

days. The Department shall provide notice of the suspension to

the licensee by mailing a copy of the Department's order to the

licensee's address of record or emailing a copy of the order to

the licensee's email address of record. The notice shall

advise the licensee that the suspension shall be effective 60

days after the issuance of the Department's order unless the

Department receives from the licensee or applicant a request

for a hearing before the Department to dispute the matters

contained in the order.

Any suspension imposed under this subsection shall be

terminated by the Department upon notification from the

Illinois Workers' Compensation Commission or the Department of

Insurance that the licensee's or applicant's failure to comply

with subsections (a) and (b) of Section 4 of the Workers'

Compensation Act has been corrected or otherwise resolved to

the satisfaction of the Illinois Workers' Compensation

Commission Commissions or the Department of Insurance.

No license shall be suspended or revoked until after the

licensee is afforded any due process protection guaranteed by

statute or rule adopted by the Illinois Workers' Compensation

Commission or the Department of Insurance.

The Department may adopt rules for the administration of

this subsection.

(h) The Department may grant the title "Retired", to be

used immediately adjacent to the title of a profession

regulated by the Department, to eligible retirees. For

individuals licensed under the Medical Practice Act of 1987,

the title "Retired" may be used in the profile required by the

Patients' Right to Know Act. The use of the title "Retired"

shall not constitute representation of current licensure,

registration, or certification. Any person without an active

license, registration, or certificate in a profession that

requires licensure, registration, or certification shall not

be permitted to practice that profession.

(i) The Department shall make available on its website

general information explaining how the Department utilizes

criminal history information in making licensure application

decisions, including a list of enumerated offenses that serve

as a statutory bar to licensure.

(Source: P.A. 102-538, eff. 8-20-21; 103-26, eff. 1-1-24;

revised 1-2-24.)

(20 ILCS 2105/2105-368)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 2105-368 2105-370. Data on applications. In

conjunction with applications for licensure, the Department

shall request, and applicants may voluntarily provide,

demographic information that includes sex, ethnicity, race,

and disability. On or before March 1 of each calendar year, the

Department shall publish a report on the Department's website

that contains the demographic information it collected the

preceding calendar year, the number of applications for

licensure and renewal of licensure it received in the

preceding calendar year, and the number of applicants who were

denied licensure in the preceding calendar year regardless of

whether application was made in that calendar year.

(Source: P.A. 103-522, eff. 1-1-25; revised 9-25-23.)

(20 ILCS 2105/2105-370)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 2105-370. Continuing education; cultural competency.

(a) As used in this Section:

"Cultural competency" means a set of integrated attitudes,

knowledge, and skills that enables a health care professional

or organization to care effectively for patients from diverse

cultures, groups, and communities.

"Health care professional" means a person licensed or

registered by the Department under the following Acts: the

Medical Practice Act of 1987, the Nurse Practice Act, the

Clinical Psychologist Licensing Act, the Illinois Optometric

Practice Act of 1987, the Illinois Physical Therapy Act, the

Pharmacy Practice Act, the Physician Assistant Practice Act of

1987, the Clinical Social Work and Social Work Practice Act,

the Nursing Home Administrators Licensing and Disciplinary

Act, the Illinois Occupational Therapy Practice Act, the

Podiatric Medical Practice Act of 1987, the Respiratory Care

Practice Act, the Professional Counselor and Clinical

Professional Counselor Licensing and Practice Act, the

Illinois Speech-Language Pathology and Audiology Practice Act,

the Illinois Dental Practice Act, the Illinois Dental Practice

Act, or the Behavior Analyst Licensing Act.

(b) For health care professional license or registration

renewals occurring on or after January 1, 2025, a health care

professional who has continuing education requirements must

complete at least a one-hour course in training on cultural

competency. A health care professional may count this one hour

for completion of this course toward meeting the minimum

credit hours required for continuing education.

(c) The Department may adopt rules for the implementation

of this Section.

(Source: P.A. 103-531, eff. 1-1-25.)

Section 105. The Department of Public Health Powers and

Duties Law of the Civil Administrative Code of Illinois is

amended by changing Section 2310-130 and by setting forth and

renumbering multiple versions of Section 2310-720 as follows:

(20 ILCS 2310/2310-130)

Sec. 2310-130. Long term care surveyors; surveyor

development unit. Long Term Care Monitor/Receiver Beginning

July 1, 2011, the Department shall employ a minimum of one

surveyor for every 500 licensed long term care beds. Beginning

July 1, 2012, the Department shall employ a minimum of one

surveyor for every 400 licensed long term care beds. Beginning

July 1, 2013, the Department shall employ a minimum of one

surveyor for every 300 licensed long term care beds.

The Department shall establish a surveyor development unit

funded from money deposited in the Long Term Care

Monitor/Receiver Fund.

(Source: P.A. 103-127, eff. 1-1-24; 103-363, eff. 7-28-23;

revised 12-12-23.)

(20 ILCS 2310/2310-720)

Sec. 2310-720. Pilot program with municipalities that

employ a certified plumbing inspector. The Department shall

create a pilot program to allow the Department to enter into an

agreement with a municipality that employs a State of Illinois

certified plumbing inspector to do inspections on behalf of

the Department and submit appropriate documentation as

requested to verify the inspections were completed to the

standards required by the Department and outlined in the

partnership.

(Source: P.A. 103-321, eff. 1-1-24.)

(20 ILCS 2310/2310-725)

Sec. 2310-725 2310-720. Public educational effort on

mental health and wellness. Subject to appropriation, the

Department shall undertake a public educational campaign to

bring broad public awareness to communities across this State

on the importance of mental health and wellness, including the

expanded coverage of mental health treatment, and consistent

with the recommendations of the Illinois Children's Mental

Health Partnership's Children's Mental Health Plan of 2022 and

Public Act 102-899. The Department shall look to other

successful public educational campaigns to guide this effort,

such as the public educational campaign related to Get Covered

Illinois. Additionally, the Department shall work with the

Department of Insurance, the Illinois State Board of

Education, the Department of Human Services, the Department of

Healthcare and Family Services, the Department of Juvenile

Justice, the Department of Children and Family Services, and

other State agencies as necessary to promote consistency in

messaging and distribution methods between this campaign and

other concurrent public educational campaigns related to

mental health and mental wellness. Public messaging for this

campaign shall be simple, be easy to understand, and include

culturally competent messaging for different communities and

regions throughout this State.

(Source: P.A. 103-535, eff. 8-11-23; revised 9-25-23.)

Section 110. The Illinois State Police Law of the Civil

Administrative Code of Illinois is amended by changing Section

2605-52 as follows:

(20 ILCS 2605/2605-52)

Sec. 2605-52. Division of Statewide 9-1-1.

(a) There shall be established an Office of the Statewide

9-1-1 Administrator within the Division of Statewide 9-1-1.

Beginning January 1, 2016, the Office of the Statewide 9-1-1

Administrator shall be responsible for developing,

implementing, and overseeing a uniform statewide 9-1-1 system

for all areas of the State outside of municipalities having a

population over 500,000.

(b) The Governor shall appoint, with the advice and

consent of the Senate, a Statewide 9-1-1 Administrator. The

Administrator shall serve for a term of 2 years, and until a

successor is appointed and qualified; except that the term of

the first 9-1-1 Administrator appointed under this Act shall

expire on the third Monday in January, 2017. The Administrator

shall not hold any other remunerative public office. The

Administrator shall receive an annual salary as set by the

Governor.

(c) The Illinois State Police, from appropriations made to

it for that purpose, shall make grants to 9-1-1 Authorities

for the purpose of defraying costs associated with 9-1-1

system consolidations awarded by the Administrator under

Section 15.4b of the Emergency Telephone System Act.

(d) The Division of Statewide 9-1-1 shall exercise the

rights, powers, and duties vested by law in the Illinois State

Police by the Illinois State Police Radio Act and shall

oversee the Illinois State Police radio network, including the

Illinois State Police Emergency Radio Network and Illinois

State Police's STARCOM21.

(e) The Division of Statewide 9-1-1 shall also conduct the

following communication activities:

(1) Acquire and operate one or more radio broadcasting

stations in the State to be used for police purposes.

(2) Operate a statewide communications network to

gather and disseminate information for law enforcement

agencies.

(3) Undertake other communication activities that may

be required by law.

(4) Oversee Illinois State Police telecommunications.

(f) The Division of Statewide 9-1-1 shall oversee the

Illinois State Police fleet operations.

(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;

revised 1-2-24.)

Section 115. The Illinois State Police Act is amended by

changing Section 16 as follows:

(20 ILCS 2610/16) (from Ch. 121, par. 307.16)

Sec. 16. State policemen shall enforce the provisions of

the Illinois Vehicle Code, approved September 29, 1969, as

amended, and Article 9 of the "Illinois Highway Code" as

amended; and shall patrol the public highways and rural

districts to make arrests for violations of the provisions of

such Acts. They are conservators of the peace and as such have

all powers possessed by policemen in cities, and sheriffs,

except that they may exercise such powers anywhere in this

State. The State policemen shall 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. They may be

equipped with standardized and tested devices for weighing

motor vehicles and may stop and weigh, acting reasonably, or

cause to be weighed, any motor vehicle which appears to weigh

in excess of the weight permitted by law. It shall also be the

duty of the Illinois State Police to determine, whenever

possible, the person or persons or the causes responsible for

the breaking or destruction of any improved hard-surfaced

roadway; and to arrest all persons criminally responsible for

such breaking or destruction and bring them before the proper

officer for trial. The Illinois State Police shall divide the

State into zones, troops, or regions and assign each zone,

troop, or region to one or more policemen. No person employed

under this Act, however, shall serve or execute civil process,

except for process issued under the authority of the General

Assembly, or a committee or commission thereof vested with

subpoena powers when the county sheriff refuses or fails to

serve such process, and except for process allowed by statute

or issued under the authority of the Illinois Department of

Revenue.

(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23;

revised 9-25-23.)

Section 120. The Human Remains Protection Act is amended

by changing Section 13 as follows:

(20 ILCS 3440/13) (from Ch. 127, par. 2673)

Sec. 13. Notification.

(a) If an undertaking will occur on property that the

property owner has been notified in writing by the Department

that the land is likely to contain human remains, unregistered

graves, grave markers, or grave artifacts, a permit shall be

obtained by the landowner from the Department.

(b) If human remains, unregistered graves, grave markers,

or grave artifacts that were unknown and were encountered by

any person, a permit shall be obtained from the Department

before any work on the undertaking may continue.

(c) The Department of Natural Resources shall adopt

administrative rules whereby permits shall be issued for the

avoidance, disturbance, or removal of human remains,

unregistered graves, grave markers, or grave artifacts, or a

combination of those activities. The Department may adopt

emergency rules in accordance with Sections 5-45 and 5-45.47

5-45.35 of the Illinois Administrative Procedure Act. The

adoption of emergency rules authorized by Sections 5-45 and

5-45.47 5-45.35 of the Illinois Administrative Procedure Act

and this paragraph is deemed to be necessary for the public

interest, safety, and welfare.

(d) Each permit shall specify all terms and conditions

under which the avoidance, removal, or disturbance of human

remains, grave artifacts, grave markers, or unregistered

graves shall be carried out. All costs accrued in the removal

of the aforementioned materials shall be borne by the permit

applicant. Within 60 days of the completion of the

undertaking, the permit holder shall submit a report, on a

form provided by the Department, of the results to the

Department.

(Source: P.A. 103-446, eff. 8-4-23; revised 10-5-23.)

Section 125. The Illinois Power Agency Act is amended by

changing Section 1-56 as follows:

(20 ILCS 3855/1-56)

Sec. 1-56. Illinois Power Agency Renewable Energy

Resources Fund; Illinois Solar for All Program.

(a) The Illinois Power Agency Renewable Energy Resources

Fund is created as a special fund in the State treasury.

(b) The Illinois Power Agency Renewable Energy Resources

Fund shall be administered by the Agency as described in this

subsection (b), provided that the changes to this subsection

(b) made by Public Act 99-906 this amendatory Act of the 99th

General Assembly shall not interfere with existing contracts

under this Section.

(1) The Illinois Power Agency Renewable Energy

Resources Fund shall be used to purchase renewable energy

credits according to any approved procurement plan

developed by the Agency prior to June 1, 2017.

(2) The Illinois Power Agency Renewable Energy

Resources Fund shall also be used to create the Illinois

Solar for All Program, which provides incentives for

low-income distributed generation and community solar

projects, and other associated approved expenditures. The

objectives of the Illinois Solar for All Program are to

bring photovoltaics to low-income communities in this

State in a manner that maximizes the development of new

photovoltaic generating facilities, to create a long-term,

low-income solar marketplace throughout this State, to

integrate, through interaction with stakeholders, with

existing energy efficiency initiatives, and to minimize

administrative costs. The Illinois Solar for All Program

shall be implemented in a manner that seeks to minimize

administrative costs, and maximize efficiencies and

synergies available through coordination with similar

initiatives, including the Adjustable Block program

described in subparagraphs (K) through (M) of paragraph

(1) of subsection (c) of Section 1-75, energy efficiency

programs, job training programs, and community action

agencies. The Agency shall strive to ensure that renewable

energy credits procured through the Illinois Solar for All

Program and each of its subprograms are purchased from

projects across the breadth of low-income and

environmental justice communities in Illinois, including

both urban and rural communities, are not concentrated in

a few communities, and do not exclude particular

low-income or environmental justice communities. The

Agency shall include a description of its proposed

approach to the design, administration, implementation and

evaluation of the Illinois Solar for All Program, as part

of the long-term renewable resources procurement plan

authorized by subsection (c) of Section 1-75 of this Act,

and the program shall be designed to grow the low-income

solar market. The Agency or utility, as applicable, shall

purchase renewable energy credits from the (i)

photovoltaic distributed renewable energy generation

projects and (ii) community solar projects that are

procured under procurement processes authorized by the

long-term renewable resources procurement plans approved

by the Commission.

The Illinois Solar for All Program shall include the

program offerings described in subparagraphs (A) through

(E) of this paragraph (2), which the Agency shall

implement through contracts with third-party providers

and, subject to appropriation, pay the approximate amounts

identified using monies available in the Illinois Power

Agency Renewable Energy Resources Fund. Each contract that

provides for the installation of solar facilities shall

provide that the solar facilities will produce energy and

economic benefits, at a level determined by the Agency to

be reasonable, for the participating low-income low income

customers. The monies available in the Illinois Power

Agency Renewable Energy Resources Fund and not otherwise

committed to contracts executed under subsection (i) of

this Section, as well as, in the case of the programs

described under subparagraphs (A) through (E) of this

paragraph (2), funding authorized pursuant to subparagraph

(O) of paragraph (1) of subsection (c) of Section 1-75 of

this Act, shall initially be allocated among the programs

described in this paragraph (2), as follows: 35% of these

funds shall be allocated to programs described in

subparagraphs (A) and (E) of this paragraph (2), 40% of

these funds shall be allocated to programs described in

subparagraph (B) of this paragraph (2), and 25% of these

funds shall be allocated to programs described in

subparagraph (C) of this paragraph (2). The allocation of

funds among subparagraphs (A), (B), (C), and (E) of this

paragraph (2) may be changed if the Agency, after

receiving input through a stakeholder process, determines

incentives in subparagraphs (A), (B), (C), or (E) of this

paragraph (2) have not been adequately subscribed to fully

utilize available Illinois Solar for All Program funds.

Contracts that will be paid with funds in the Illinois

Power Agency Renewable Energy Resources Fund shall be

executed by the Agency. Contracts that will be paid with

funds collected by an electric utility shall be executed

by the electric utility.

Contracts under the Illinois Solar for All Program

shall include an approach, as set forth in the long-term

renewable resources procurement plans, to ensure the

wholesale market value of the energy is credited to

participating low-income customers or organizations and to

ensure tangible economic benefits flow directly to program

participants, except in the case of low-income

multi-family housing where the low-income customer does

not directly pay for energy. Priority shall be given to

projects that demonstrate meaningful involvement of

low-income community members in designing the initial

proposals. Acceptable proposals to implement projects must

demonstrate the applicant's ability to conduct initial

community outreach, education, and recruitment of

low-income participants in the community. Projects must

include job training opportunities if available, with the

specific level of trainee usage to be determined through

the Agency's long-term renewable resources procurement

plan, and the Illinois Solar for All Program Administrator

shall coordinate with the job training programs described

in paragraph (1) of subsection (a) of Section 16-108.12 of

the Public Utilities Act and in the Energy Transition Act.

The Agency shall make every effort to ensure that

small and emerging businesses, particularly those located

in low-income and environmental justice communities, are

able to participate in the Illinois Solar for All Program.

These efforts may include, but shall not be limited to,

proactive support from the program administrator,

different or preferred access to subprograms and

administrator-identified customers or grassroots

education provider-identified customers, and different

incentive levels. The Agency shall report on progress and

barriers to participation of small and emerging businesses

in the Illinois Solar for All Program at least once a year.

The report shall be made available on the Agency's website

and, in years when the Agency is updating its long-term

renewable resources procurement plan, included in that

Plan.

(A) Low-income single-family and small multifamily

solar incentive. This program will provide incentives

to low-income customers, either directly or through

solar providers, to increase the participation of

low-income households in photovoltaic on-site

distributed generation at residential buildings

containing one to 4 units. Companies participating in

this program that install solar panels shall commit to

hiring job trainees for a portion of their low-income

installations, and an administrator shall facilitate

partnering the companies that install solar panels

with entities that provide solar panel installation

job training. It is a goal of this program that a

minimum of 25% of the incentives for this program be

allocated to projects located within environmental

justice communities. Contracts entered into under this

paragraph may be entered into with an entity that will

develop and administer the program and shall also

include contracts for renewable energy credits from

the photovoltaic distributed generation that is the

subject of the program, as set forth in the long-term

renewable resources procurement plan. Additionally:

(i) The Agency shall reserve a portion of this

program for projects that promote energy

sovereignty through ownership of projects by

low-income households, not-for-profit

organizations providing services to low-income

households, affordable housing owners, community

cooperatives, or community-based limited liability

companies providing services to low-income

households. Projects that feature energy ownership

should ensure that local people have control of

the project and reap benefits from the project

over and above energy bill savings. The Agency may

consider the inclusion of projects that promote

ownership over time or that involve partial

project ownership by communities, as promoting

energy sovereignty. Incentives for projects that

promote energy sovereignty may be higher than

incentives for equivalent projects that do not

promote energy sovereignty under this same

program.

(ii) Through its long-term renewable resources

procurement plan, the Agency shall consider

additional program and contract requirements to

ensure faithful compliance by applicants

benefiting from preferences for projects

designated to promote energy sovereignty. The

Agency shall make every effort to enable solar

providers already participating in the Adjustable

Block Program Block-Program under subparagraph (K)

of paragraph (1) of subsection (c) of Section 1-75

of this Act, and particularly solar providers

developing projects under item (i) of subparagraph

(K) of paragraph (1) of subsection (c) of Section

1-75 of this Act to easily participate in the

Low-Income Distributed Generation Incentive

program described under this subparagraph (A), and

vice versa. This effort may include, but shall not

be limited to, utilizing similar or the same

application systems and processes, similar or the

same forms and formats of communication, and

providing active outreach to companies

participating in one program but not the other.

The Agency shall report on efforts made to

encourage this cross-participation in its

long-term renewable resources procurement plan.

(B) Low-Income Community Solar Project Initiative.

Incentives shall be offered to low-income customers,

either directly or through developers, to increase the

participation of low-income subscribers of community

solar projects. The developer of each project shall

identify its partnership with community stakeholders

regarding the location, development, and participation

in the project, provided that nothing shall preclude a

project from including an anchor tenant that does not

qualify as low-income. Companies participating in this

program that develop or install solar projects shall

commit to hiring job trainees for a portion of their

low-income installations, and an administrator shall

facilitate partnering the companies that install solar

projects with entities that provide solar installation

and related job training. It is a goal of this program

that a minimum of 25% of the incentives for this

program be allocated to community photovoltaic

projects in environmental justice communities. The

Agency shall reserve a portion of this program for

projects that promote energy sovereignty through

ownership of projects by low-income households,

not-for-profit organizations providing services to

low-income households, affordable housing owners, or

community-based limited liability companies providing

services to low-income households. Projects that

feature energy ownership should ensure that local

people have control of the project and reap benefits

from the project over and above energy bill savings.

The Agency may consider the inclusion of projects that

promote ownership over time or that involve partial

project ownership by communities, as promoting energy

sovereignty. Incentives for projects that promote

energy sovereignty may be higher than incentives for

equivalent projects that do not promote energy

sovereignty under this same program. Contracts entered

into under this paragraph may be entered into with

developers and shall also include contracts for

renewable energy credits related to the program.

(C) Incentives for non-profits and public

facilities. Under this program funds shall be used to

support on-site photovoltaic distributed renewable

energy generation devices to serve the load associated

with not-for-profit customers and to support

photovoltaic distributed renewable energy generation

that uses photovoltaic technology to serve the load

associated with public sector customers taking service

at public buildings. Companies participating in this

program that develop or install solar projects shall

commit to hiring job trainees for a portion of their

low-income installations, and an administrator shall

facilitate partnering the companies that install solar

projects with entities that provide solar installation

and related job training. Through its long-term

renewable resources procurement plan, the Agency shall

consider additional program and contract requirements

to ensure faithful compliance by applicants benefiting

from preferences for projects designated to promote

energy sovereignty. It is a goal of this program that

at least 25% of the incentives for this program be

allocated to projects located in environmental justice

communities. Contracts entered into under this

paragraph may be entered into with an entity that will

develop and administer the program or with developers

and shall also include contracts for renewable energy

credits related to the program.

(D) (Blank).

(E) Low-income large multifamily solar incentive.

This program shall provide incentives to low-income

customers, either directly or through solar providers,

to increase the participation of low-income households

in photovoltaic on-site distributed generation at

residential buildings with 5 or more units. Companies

participating in this program that develop or install

solar projects shall commit to hiring job trainees for

a portion of their low-income installations, and an

administrator shall facilitate partnering the

companies that install solar projects with entities

that provide solar installation and related job

training. It is a goal of this program that a minimum

of 25% of the incentives for this program be allocated

to projects located within environmental justice

communities. The Agency shall reserve a portion of

this program for projects that promote energy

sovereignty through ownership of projects by

low-income households, not-for-profit organizations

providing services to low-income households,

affordable housing owners, or community-based limited

liability companies providing services to low-income

households. Projects that feature energy ownership

should ensure that local people have control of the

project and reap benefits from the project over and

above energy bill savings. The Agency may consider the

inclusion of projects that promote ownership over time

or that involve partial project ownership by

communities, as promoting energy sovereignty.

Incentives for projects that promote energy

sovereignty may be higher than incentives for

equivalent projects that do not promote energy

sovereignty under this same program.

The requirement that a qualified person, as defined in

paragraph (1) of subsection (i) of this Section, install

photovoltaic devices does not apply to the Illinois Solar

for All Program described in this subsection (b).

In addition to the programs outlined in paragraphs (A)

through (E), the Agency and other parties may propose

additional programs through the Long-Term Renewable

Resources Procurement Plan developed and approved under

paragraph (5) of subsection (b) of Section 16-111.5 of the

Public Utilities Act. Additional programs may target

market segments not specified above and may also include

incentives targeted to increase the uptake of

nonphotovoltaic technologies by low-income customers,

including energy storage paired with photovoltaics, if the

Commission determines that the Illinois Solar for All

Program would provide greater benefits to the public

health and well-being of low-income residents through also

supporting that additional program versus supporting

programs already authorized.

(3) Costs associated with the Illinois Solar for All

Program and its components described in paragraph (2) of

this subsection (b), including, but not limited to, costs

associated with procuring experts, consultants, and the

program administrator referenced in this subsection (b)

and related incremental costs, costs related to income

verification and facilitating customer participation in

the program, and costs related to the evaluation of the

Illinois Solar for All Program, may be paid for using

monies in the Illinois Power Agency Renewable Energy

Resources Fund, and funds allocated pursuant to

subparagraph (O) of paragraph (1) of subsection (c) of

Section 1-75, but the Agency or program administrator

shall strive to minimize costs in the implementation of

the program. The Agency or contracting electric utility

shall purchase renewable energy credits from generation

that is the subject of a contract under subparagraphs (A)

through (E) of paragraph (2) of this subsection (b), and

may pay for such renewable energy credits through an

upfront payment per installed kilowatt of nameplate

capacity paid once the device is interconnected at the

distribution system level of the interconnecting utility

and verified as energized. Payments for renewable energy

credits shall be in exchange for all renewable energy

credits generated by the system during the first 15 years

of operation and shall be structured to overcome barriers

to participation in the solar market by the low-income

community. The incentives provided for in this Section may

be implemented through the pricing of renewable energy

credits where the prices paid for the credits are higher

than the prices from programs offered under subsection (c)

of Section 1-75 of this Act to account for the additional

capital necessary to successfully access targeted market

segments. The Agency or contracting electric utility shall

retire any renewable energy credits purchased under this

program and the credits shall count toward towards the

obligation under subsection (c) of Section 1-75 of this

Act for the electric utility to which the project is

interconnected, if applicable.

The Agency shall direct that up to 5% of the funds

available under the Illinois Solar for All Program to

community-based groups and other qualifying organizations

to assist in community-driven education efforts related to

the Illinois Solar for All Program, including general

energy education, job training program outreach efforts,

and other activities deemed to be qualified by the Agency.

Grassroots education funding shall not be used to support

the marketing by solar project development firms and

organizations, unless such education provides equal

opportunities for all applicable firms and organizations.

(4) The Agency shall, consistent with the requirements

of this subsection (b), propose the Illinois Solar for All

Program terms, conditions, and requirements, including the

prices to be paid for renewable energy credits, and which

prices may be determined through a formula, through the

development, review, and approval of the Agency's

long-term renewable resources procurement plan described

in subsection (c) of Section 1-75 of this Act and Section

16-111.5 of the Public Utilities Act. In the course of the

Commission proceeding initiated to review and approve the

plan, including the Illinois Solar for All Program

proposed by the Agency, a party may propose an additional

low-income solar or solar incentive program, or

modifications to the programs proposed by the Agency, and

the Commission may approve an additional program, or

modifications to the Agency's proposed program, if the

additional or modified program more effectively maximizes

the benefits to low-income customers after taking into

account all relevant factors, including, but not limited

to, the extent to which a competitive market for

low-income solar has developed. Following the Commission's

approval of the Illinois Solar for All Program, the Agency

or a party may propose adjustments to the program terms,

conditions, and requirements, including the price offered

to new systems, to ensure the long-term viability and

success of the program. The Commission shall review and

approve any modifications to the program through the plan

revision process described in Section 16-111.5 of the

Public Utilities Act.

(5) The Agency shall issue a request for

qualifications for a third-party program administrator or

administrators to administer all or a portion of the

Illinois Solar for All Program. The third-party program

administrator shall be chosen through a competitive bid

process based on selection criteria and requirements

developed by the Agency, including, but not limited to,

experience in administering low-income energy programs and

overseeing statewide clean energy or energy efficiency

services. If the Agency retains a program administrator or

administrators to implement all or a portion of the

Illinois Solar for All Program, each administrator shall

periodically submit reports to the Agency and Commission

for each program that it administers, at appropriate

intervals to be identified by the Agency in its long-term

renewable resources procurement plan, provided that the

reporting interval is at least quarterly. The third-party

program administrator may be, but need not be, the same

administrator as for the Adjustable Block program

described in subparagraphs (K) through (M) of paragraph

(1) of subsection (c) of Section 1-75. The Agency, through

its long-term renewable resources procurement plan

approval process, shall also determine if individual

subprograms of the Illinois Solar for All Program are

better served by a different or separate Program

Administrator.

The third-party administrator's responsibilities

shall also include facilitating placement for graduates of

Illinois-based renewable energy-specific job training

programs, including the Clean Jobs Workforce Network

Program and the Illinois Climate Works Preapprenticeship

Program administered by the Department of Commerce and

Economic Opportunity and programs administered under

Section 16-108.12 of the Public Utilities Act. To increase

the uptake of trainees by participating firms, the

administrator shall also develop a web-based clearinghouse

for information available to both job training program

graduates and firms participating, directly or indirectly,

in Illinois solar incentive programs. The program

administrator shall also coordinate its activities with

entities implementing electric and natural gas

income-qualified energy efficiency programs, including

customer referrals to and from such programs, and connect

prospective low-income solar customers with any existing

deferred maintenance programs where applicable.

(6) The long-term renewable resources procurement plan

shall also provide for an independent evaluation of the

Illinois Solar for All Program. At least every 2 years,

the Agency shall select an independent evaluator to review

and report on the Illinois Solar for All Program and the

performance of the third-party program administrator of

the Illinois Solar for All Program. The evaluation shall

be based on objective criteria developed through a public

stakeholder process. The process shall include feedback

and participation from Illinois Solar for All Program

stakeholders, including participants and organizations in

environmental justice and historically underserved

communities. The report shall include a summary of the

evaluation of the Illinois Solar for All Program based on

the stakeholder developed objective criteria. The report

shall include the number of projects installed; the total

installed capacity in kilowatts; the average cost per

kilowatt of installed capacity to the extent reasonably

obtainable by the Agency; the number of jobs or job

opportunities created; economic, social, and environmental

benefits created; and the total administrative costs

expended by the Agency and program administrator to

implement and evaluate the program. The report shall be

delivered to the Commission and posted on the Agency's

website, and shall be used, as needed, to revise the

Illinois Solar for All Program. The Commission shall also

consider the results of the evaluation as part of its

review of the long-term renewable resources procurement

plan under subsection (c) of Section 1-75 of this Act.

(7) If additional funding for the programs described

in this subsection (b) is available under subsection (k)

of Section 16-108 of the Public Utilities Act, then the

Agency shall submit a procurement plan to the Commission

no later than September 1, 2018, that proposes how the

Agency will procure programs on behalf of the applicable

utility. After notice and hearing, the Commission shall

approve, or approve with modification, the plan no later

than November 1, 2018.

(8) As part of the development and update of the

long-term renewable resources procurement plan authorized

by subsection (c) of Section 1-75 of this Act, the Agency

shall plan for: (A) actions to refer customers from the

Illinois Solar for All Program to electric and natural gas

income-qualified energy efficiency programs, and vice

versa, with the goal of increasing participation in both

of these programs; (B) effective procedures for data

sharing, as needed, to effectuate referrals between the

Illinois Solar for All Program and both electric and

natural gas income-qualified energy efficiency programs,

including sharing customer information directly with the

utilities, as needed and appropriate; and (C) efforts to

identify any existing deferred maintenance programs for

which prospective Solar for All Program customers may be

eligible and connect prospective customers for whom

deferred maintenance is or may be a barrier to solar

installation to those programs.

As used in this subsection (b), "low-income households"

means persons and families whose income does not exceed 80% of

area median income, adjusted for family size and revised every

5 years.

For the purposes of this subsection (b), the Agency shall

define "environmental justice community" based on the

methodologies and findings established by the Agency and the

Administrator for the Illinois Solar for All Program in its

initial long-term renewable resources procurement plan and as

updated by the Agency and the Administrator for the Illinois

Solar for All Program as part of the long-term renewable

resources procurement plan update.

(b-5) After the receipt of all payments required by

Section 16-115D of the Public Utilities Act, no additional

funds shall be deposited into the Illinois Power Agency

Renewable Energy Resources Fund unless directed by order of

the Commission.

(b-10) After the receipt of all payments required by

Section 16-115D of the Public Utilities Act and payment in

full of all contracts executed by the Agency under subsections

(b) and (i) of this Section, if the balance of the Illinois

Power Agency Renewable Energy Resources Fund is under $5,000,

then the Fund shall be inoperative and any remaining funds and

any funds submitted to the Fund after that date, shall be

transferred to the Supplemental Low-Income Energy Assistance

Fund for use in the Low-Income Home Energy Assistance Program,

as authorized by the Energy Assistance Act.

(b-15) The prevailing wage requirements set forth in the

Prevailing Wage Act apply to each project that is undertaken

pursuant to one or more of the programs of incentives and

initiatives described in subsection (b) of this Section and

for which a project application is submitted to the program

after the effective date of this amendatory Act of the 103rd

General Assembly, except (i) projects that serve single-family

or multi-family residential buildings and (ii) projects with

an aggregate capacity of less than 100 kilowatts that serve

houses of worship. The Agency shall require verification that

all construction performed on a project by the renewable

energy credit delivery contract holder, its contractors, or

its subcontractors relating to the construction of the

facility is performed by workers receiving an amount for that

work that is greater than or equal to the general prevailing

rate of wages as that term is defined in the Prevailing Wage

Act, and the Agency may adjust renewable energy credit prices

to account for increased labor costs.

In this subsection (b-15), "house of worship" has the

meaning given in subparagraph (Q) of paragraph (1) of

subsection (c) of Section 1-75.

(c) (Blank).

(d) (Blank).

(e) All renewable energy credits procured using monies

from the Illinois Power Agency Renewable Energy Resources Fund

shall be permanently retired.

(f) The selection of one or more third-party program

managers or administrators, the selection of the independent

evaluator, and the procurement processes described in this

Section are exempt from the requirements of the Illinois

Procurement Code, under Section 20-10 of that Code.

(g) All disbursements from the Illinois Power Agency

Renewable Energy Resources Fund shall be made only upon

warrants of the Comptroller drawn upon the Treasurer as

custodian of the Fund upon vouchers signed by the Director or

by the person or persons designated by the Director for that

purpose. The Comptroller is authorized to draw the warrant

upon vouchers so signed. The Treasurer shall accept all

warrants so signed and shall be released from liability for

all payments made on those warrants.

(h) The Illinois Power Agency Renewable Energy Resources

Fund shall not be subject to sweeps, administrative charges,

or chargebacks, including, but not limited to, those

authorized under Section 8h of the State Finance Act, that

would in any way result in the transfer of any funds from this

Fund to any other fund of this State or in having any such

funds utilized for any purpose other than the express purposes

set forth in this Section.

(h-5) The Agency may assess fees to each bidder to recover

the costs incurred in connection with a procurement process

held under this Section. Fees collected from bidders shall be

deposited into the Renewable Energy Resources Fund.

(i) Supplemental procurement process.

(1) Within 90 days after June 30, 2014 (the effective

date of Public Act 98-672) this amendatory Act of the 98th

General Assembly, the Agency shall develop a one-time

supplemental procurement plan limited to the procurement

of renewable energy credits, if available, from new or

existing photovoltaics, including, but not limited to,

distributed photovoltaic generation. Nothing in this

subsection (i) requires procurement of wind generation

through the supplemental procurement.

Renewable energy credits procured from new

photovoltaics, including, but not limited to, distributed

photovoltaic generation, under this subsection (i) must be

procured from devices installed by a qualified person. In

its supplemental procurement plan, the Agency shall

establish contractually enforceable mechanisms for

ensuring that the installation of new photovoltaics is

performed by a qualified person.

For the purposes of this paragraph (1), "qualified

person" means a person who performs installations of

photovoltaics, including, but not limited to, distributed

photovoltaic generation, and who: (A) has completed an

apprenticeship as a journeyman electrician from a United

States Department of Labor registered electrical

apprenticeship and training program and received a

certification of satisfactory completion; or (B) does not

currently meet the criteria under clause (A) of this

paragraph (1), but is enrolled in a United States

Department of Labor registered electrical apprenticeship

program, provided that the person is directly supervised

by a person who meets the criteria under clause (A) of this

paragraph (1); or (C) has obtained one of the following

credentials in addition to attesting to satisfactory

completion of at least 5 years or 8,000 hours of

documented hands-on electrical experience: (i) a North

American Board of Certified Energy Practitioners (NABCEP)

Installer Certificate for Solar PV; (ii) an Underwriters

Laboratories (UL) PV Systems Installer Certificate; (iii)

an Electronics Technicians Association, International

(ETAI) Level 3 PV Installer Certificate; or (iv) an

Associate in Applied Science degree from an Illinois

Community College Board approved community college program

in renewable energy or a distributed generation

technology.

For the purposes of this paragraph (1), "directly

supervised" means that there is a qualified person who

meets the qualifications under clause (A) of this

paragraph (1) and who is available for supervision and

consultation regarding the work performed by persons under

clause (B) of this paragraph (1), including a final

inspection of the installation work that has been directly

supervised to ensure safety and conformity with applicable

codes.

For the purposes of this paragraph (1), "install"

means the major activities and actions required to

connect, in accordance with applicable building and

electrical codes, the conductors, connectors, and all

associated fittings, devices, power outlets, or

apparatuses mounted at the premises that are directly

involved in delivering energy to the premises' electrical

wiring from the photovoltaics, including, but not limited

to, to distributed photovoltaic generation.

The renewable energy credits procured pursuant to the

supplemental procurement plan shall be procured using up

to $30,000,000 from the Illinois Power Agency Renewable

Energy Resources Fund. The Agency shall not plan to use

funds from the Illinois Power Agency Renewable Energy

Resources Fund in excess of the monies on deposit in such

fund or projected to be deposited into such fund. The

supplemental procurement plan shall ensure adequate,

reliable, affordable, efficient, and environmentally

sustainable renewable energy resources (including credits)

at the lowest total cost over time, taking into account

any benefits of price stability.

To the extent available, 50% of the renewable energy

credits procured from distributed renewable energy

generation shall come from devices of less than 25

kilowatts in nameplate capacity. Procurement of renewable

energy credits from distributed renewable energy

generation devices shall be done through multi-year

contracts of no less than 5 years. The Agency shall create

credit requirements for counterparties. In order to

minimize the administrative burden on contracting

entities, the Agency shall solicit the use of third

parties to aggregate distributed renewable energy. These

third parties shall enter into and administer contracts

with individual distributed renewable energy generation

device owners. An individual distributed renewable energy

generation device owner shall have the ability to measure

the output of his or her distributed renewable energy

generation device.

In developing the supplemental procurement plan, the

Agency shall hold at least one workshop open to the public

within 90 days after June 30, 2014 (the effective date of

Public Act 98-672) this amendatory Act of the 98th General

Assembly and shall consider any comments made by

stakeholders or the public. Upon development of the

supplemental procurement plan within this 90-day period,

copies of the supplemental procurement plan shall be

posted and made publicly available on the Agency's and

Commission's websites. All interested parties shall have

14 days following the date of posting to provide comment

to the Agency on the supplemental procurement plan. All

comments submitted to the Agency shall be specific,

supported by data or other detailed analyses, and, if

objecting to all or a portion of the supplemental

procurement plan, accompanied by specific alternative

wording or proposals. All comments shall be posted on the

Agency's and Commission's websites. Within 14 days

following the end of the 14-day review period, the Agency

shall revise the supplemental procurement plan as

necessary based on the comments received and file its

revised supplemental procurement plan with the Commission

for approval.

(2) Within 5 days after the filing of the supplemental

procurement plan at the Commission, any person objecting

to the supplemental procurement plan shall file an

objection with the Commission. Within 10 days after the

filing, the Commission shall determine whether a hearing

is necessary. The Commission shall enter its order

confirming or modifying the supplemental procurement plan

within 90 days after the filing of the supplemental

procurement plan by the Agency.

(3) The Commission shall approve the supplemental

procurement plan of renewable energy credits to be

procured from new or existing photovoltaics, including,

but not limited to, distributed photovoltaic generation,

if the Commission determines that it will ensure adequate,

reliable, affordable, efficient, and environmentally

sustainable electric service in the form of renewable

energy credits at the lowest total cost over time, taking

into account any benefits of price stability.

(4) The supplemental procurement process under this

subsection (i) shall include each of the following

components:

(A) Procurement administrator. The Agency may

retain a procurement administrator in the manner set

forth in item (2) of subsection (a) of Section 1-75 of

this Act to conduct the supplemental procurement or

may elect to use the same procurement administrator

administering the Agency's annual procurement under

Section 1-75.

(B) Procurement monitor. The procurement monitor

retained by the Commission pursuant to Section

16-111.5 of the Public Utilities Act shall:

(i) monitor interactions among the procurement

administrator and bidders and suppliers;

(ii) monitor and report to the Commission on

the progress of the supplemental procurement

process;

(iii) provide an independent confidential

report to the Commission regarding the results of

the procurement events;

(iv) assess compliance with the procurement

plan approved by the Commission for the

supplemental procurement process;

(v) preserve the confidentiality of supplier

and bidding information in a manner consistent

with all applicable laws, rules, regulations, and

tariffs;

(vi) provide expert advice to the Commission

and consult with the procurement administrator

regarding issues related to procurement process

design, rules, protocols, and policy-related

matters;

(vii) consult with the procurement

administrator regarding the development and use of

benchmark criteria, standard form contracts,

credit policies, and bid documents; and

(viii) perform, with respect to the

supplemental procurement process, any other

procurement monitor duties specifically delineated

within subsection (i) of this Section.

(C) Solicitation, prequalification

pre-qualification, and registration of bidders. The

procurement administrator shall disseminate

information to potential bidders to promote a

procurement event, notify potential bidders that the

procurement administrator may enter into a post-bid

price negotiation with bidders that meet the

applicable benchmarks, provide supply requirements,

and otherwise explain the competitive procurement

process. In addition to such other publication as the

procurement administrator determines is appropriate,

this information shall be posted on the Agency's and

the Commission's websites. The procurement

administrator shall also administer the

prequalification process, including evaluation of

credit worthiness, compliance with procurement rules,

and agreement to the standard form contract developed

pursuant to item (D) of this paragraph (4). The

procurement administrator shall then identify and

register bidders to participate in the procurement

event.

(D) Standard contract forms and credit terms and

instruments. The procurement administrator, in

consultation with the Agency, the Commission, and

other interested parties and subject to Commission

oversight, shall develop and provide standard contract

forms for the supplier contracts that meet generally

accepted industry practices as well as include any

applicable State of Illinois terms and conditions that

are required for contracts entered into by an agency

of the State of Illinois. Standard credit terms and

instruments that meet generally accepted industry

practices shall be similarly developed. Contracts for

new photovoltaics shall include a provision attesting

that the supplier will use a qualified person for the

installation of the device pursuant to paragraph (1)

of subsection (i) of this Section. The procurement

administrator shall make available to the Commission

all written comments it receives on the contract

forms, credit terms, or instruments. If the

procurement administrator cannot reach agreement with

the parties as to the contract terms and conditions,

the procurement administrator must notify the

Commission of any disputed terms and the Commission

shall resolve the dispute. The terms of the contracts

shall not be subject to negotiation by winning

bidders, and the bidders must agree to the terms of the

contract in advance so that winning bids are selected

solely on the basis of price.

(E) Requests for proposals; competitive

procurement process. The procurement administrator

shall design and issue requests for proposals to

supply renewable energy credits in accordance with the

supplemental procurement plan, as approved by the

Commission. The requests for proposals shall set forth

a procedure for sealed, binding commitment bidding

with pay-as-bid settlement, and provision for

selection of bids on the basis of price, provided,

however, that no bid shall be accepted if it exceeds

the benchmark developed pursuant to item (F) of this

paragraph (4).

(F) Benchmarks. Benchmarks for each product to be

procured shall be developed by the procurement

administrator in consultation with Commission staff,

the Agency, and the procurement monitor for use in

this supplemental procurement.

(G) A plan for implementing contingencies in the

event of supplier default, Commission rejection of

results, or any other cause.

(5) Within 2 business days after opening the sealed

bids, the procurement administrator shall submit a

confidential report to the Commission. The report shall

contain the results of the bidding for each of the

products along with the procurement administrator's

recommendation for the acceptance and rejection of bids

based on the price benchmark criteria and other factors

observed in the process. The procurement monitor also

shall submit a confidential report to the Commission

within 2 business days after opening the sealed bids. The

report shall contain the procurement monitor's assessment

of bidder behavior in the process as well as an assessment

of the procurement administrator's compliance with the

procurement process and rules. The Commission shall review

the confidential reports submitted by the procurement

administrator and procurement monitor and shall accept or

reject the recommendations of the procurement

administrator within 2 business days after receipt of the

reports.

(6) Within 3 business days after the Commission

decision approving the results of a procurement event, the

Agency shall enter into binding contractual arrangements

with the winning suppliers using the standard form

contracts.

(7) The names of the successful bidders and the

average of the winning bid prices for each contract type

and for each contract term shall be made available to the

public within 2 days after the supplemental procurement

event. The Commission, the procurement monitor, the

procurement administrator, the Agency, and all

participants in the procurement process shall maintain the

confidentiality of all other supplier and bidding

information in a manner consistent with all applicable

laws, rules, regulations, and tariffs. Confidential

information, including the confidential reports submitted

by the procurement administrator and procurement monitor

pursuant to this Section, shall not be made publicly

available and shall not be discoverable by any party in

any proceeding, absent a compelling demonstration of need,

nor shall those reports be admissible in any proceeding

other than one for law enforcement purposes.

(8) The supplemental procurement provided in this

subsection (i) shall not be subject to the requirements

and limitations of subsections (c) and (d) of this

Section.

(9) Expenses incurred in connection with the

procurement process held pursuant to this Section,

including, but not limited to, the cost of developing the

supplemental procurement plan, the procurement

administrator, procurement monitor, and the cost of the

retirement of renewable energy credits purchased pursuant

to the supplemental procurement shall be paid for from the

Illinois Power Agency Renewable Energy Resources Fund. The

Agency shall enter into an interagency agreement with the

Commission to reimburse the Commission for its costs

associated with the procurement monitor for the

supplemental procurement process.

(Source: P.A. 102-662, eff. 9-15-21; 103-188, eff. 6-30-23;

revised 9-20-23.)

Section 130. The Illinois Criminal Justice Information Act

is amended by changing Section 4 as follows:

(20 ILCS 3930/4) (from Ch. 38, par. 210-4)

Sec. 4. Illinois Criminal Justice Information Authority;

creation, membership, and meetings. There is created an

Illinois Criminal Justice Information Authority consisting of

25 members. The membership of the Authority shall consist of:

(1) the Illinois Attorney General or the Illinois

Attorney General's designee;

(2) the Director of Corrections or the Director's

designee;

(3) the Director of the Illinois State Police or the

Director's designee;

(4) the Director of Public Health or the Director's

designee;

(5) the Director of Children and Family Services or

the Director's designee;

(6) the Sheriff of Cook County or the Sheriff's

designee;

(7) the State's Attorney of Cook County or the State's

Attorney's designee;

(8) the clerk of the circuit court of Cook County or

the clerk's designee;

(9) the President of the Cook County Board of

Commissioners or the President's designee;

(10) the Superintendent of the Chicago Police

Department or the Superintendent's designee;

(11) the Director of the Office of the State's

Attorneys Appellate Prosecutor or the Director's designee;

(12) the Executive Director of the Illinois Law

Enforcement Training Standards Board or the Executive

Director's designee;

(13) the State Appellate Defender or the State

Appellate Defender's designee;

(14) the Public Defender of Cook County or the Public

Defender's designee; and

(15) the following additional members, each of whom

shall be appointed by the Governor:

(A) a circuit court clerk;

(B) a sheriff;

(C) a State's Attorney of a county other than

Cook;

(D) a Public Defender of a county other than Cook;

(E) a chief of police; and

(F) 2 individuals who report having been

incarcerated; and ,

(G) (F) 4 members of the general public.

Members appointed on and after August 15, 2014 (the

effective date of Public Act 98-955) this amendatory Act of

the 98th General Assembly shall be confirmed by the Senate.

The Governor from time to time shall designate a Chairman

of the Authority from the membership. All members of the

Authority appointed by the Governor shall serve at the

pleasure of the Governor for a term not to exceed 4 years. The

initial appointed members of the Authority shall serve from

January, 1983 until the third Monday in January, 1987 or until

their successors are appointed.

The Authority shall meet at least quarterly, and all

meetings of the Authority shall be called by the Chairman.

(Source: P.A. 102-538, eff. 8-20-21; 102-1129, eff. 2-10-23;

103-276, eff. 7-28-23; revised 9-7-23.)

Section 132. The Illinois Workforce Innovation Board Act

is amended by changing the title of the Act as follows:

(20 ILCS 3975/Act title)

An Act to create the Illinois Workforce Innovation Board

Human Resource Investment Council.

Section 135. The Illinois State Auditing Act is amended by

changing Section 3-2.3 as follows:

(30 ILCS 5/3-2.3)

Sec. 3-2.3. Report on Chicago Transit Authority.

(a) No less than 60 days prior to the issuance of bonds or

notes by the Chicago Transit Authority (referred to as the

"Authority" in this Section) pursuant to Section 12c of the

Metropolitan Transit Authority Act, the following

documentation shall be submitted to the Auditor General and

the Regional Transportation Authority:

(1) Retirement Plan Documentation. The Authority shall

submit a certification that:

(A) it is legally authorized to issue the bonds or

notes;

(B) scheduled annual payments of principal and

interest on the bonds and notes to be issued meet the

requirements of Section 12c(b)(5) of the Metropolitan

Transit Authority Act;

(C) no bond or note shall mature later than

December 31, 2040;

(D) after payment of costs of issuance and

necessary deposits to funds and accounts established

with respect to debt service on the bonds or notes, the

net bond and note proceeds (exclusive of any proceeds

to be used to refund outstanding bonds or notes) will

be deposited in the Retirement Plan for Chicago

Transit Authority Employees and used only for the

purposes required by Section 22-101 of the Illinois

Pension Code; and

(E) it has entered into an intergovernmental

agreement with the City of Chicago under which the

City of Chicago will provide financial assistance to

the Authority in an amount equal to the net receipts,

after fees for costs of collection, from a tax on the

privilege of transferring title to real estate in the

City of Chicago in an amount up to $1.50 per $500 of

value or fraction thereof under the provisions of

Section 8-3-19 of the Illinois Municipal Code, which

agreement shall be for a term expiring no earlier than

the final maturity of bonds or notes that it proposes

to issue under Section 12c of the Metropolitan Transit

Authority Act.

(2) The Board of Trustees of the Retirement Plan for

Chicago Transit Authority Employees shall submit a

certification that the Retirement Plan for Chicago Transit

Authority Employees is operating in accordance with all

applicable legal and contractual requirements, including

the following:

(A) the members of a new Board of Trustees have

been appointed according to the requirements of

Section 22-101(b) of the Illinois Pension Code; and

(B) contribution levels for employees and the

Authority have been established according to the

requirements of Section 22-101(d) of the Illinois

Pension Code.

(3) Actuarial Report. The Board of Trustees of the

Retirement Plan for Chicago Transit Authority Employees

shall submit an actuarial report prepared by an enrolled

actuary setting forth:

(A) the method of valuation and the underlying

assumptions;

(B) a comparison of the debt service schedules of

the bonds or notes proposed to be issued to the

Retirement Plan's current unfunded actuarial accrued

liability amortization schedule, as required by

Section 22-101(e) of the Illinois Pension Code, using

the projected interest cost of the bond or note issue

as the discount rate to calculate the estimated net

present value savings;

(C) the amount of the estimated net present value

savings comparing the true interest cost of the bonds

or notes with the actuarial investment return

assumption of the Retirement Plan; and

(D) a certification that the net proceeds of the

bonds or notes, together with anticipated earnings on

contributions and deposits, will be sufficient to

reasonably conclude on an actuarial basis that the

total retirement assets of the Retirement Plan will

not be less than 90% of its liabilities by the end of

fiscal year 2059.

(4) The Authority shall submit a financial analysis

prepared by an independent advisor. The financial analysis

must include a determination that the issuance of bonds is

in the best interest of the Retirement Plan for Chicago

Transit Authority Employees and the Chicago Transit

Authority. The independent advisor shall not act as

underwriter or receive a legal, consulting, or other fee

related to the issuance of any bond or notes issued by the

Authority pursuant to Section 12c of the Metropolitan

Transit Authority Act except compensation due for the

preparation of the financial analysis.

(5) Retiree Health Care Trust Documentation. The

Authority shall submit a certification that:

(A) it is legally authorized to issue the bonds or

notes;

(B) scheduled annual payments of principal and

interest on the bonds and notes to be issued meets the

requirements of Section 12c(b)(5) of the Metropolitan

Transit Authority Act;

(C) no bond or note shall mature later than

December 31, 2040;

(D) after payment of costs of issuance and

necessary deposits to funds and accounts established

with respect to debt service on the bonds or notes, the

net bond and note proceeds (exclusive of any proceeds

to be used to refund outstanding bonds or notes) will

be deposited in the Retiree Health Care Trust and used

only for the purposes required by Section 22-101B of

the Illinois Pension Code; and

(E) it has entered into an intergovernmental

agreement with the City of Chicago under which the

City of Chicago will provide financial assistance to

the Authority in an amount equal to the net receipts,

after fees for costs of collection, from a tax on the

privilege of transferring title to real estate in the

City of Chicago in an amount up to $1.50 per $500 of

value or fraction thereof under the provisions of

Section 8-3-19 of the Illinois Municipal Code, which

agreement shall be for a term expiring no earlier than

the final maturity of bonds or notes that it proposes

to issue under Section 12c of the Metropolitan Transit

Authority Act.

(6) The Board of Trustees of the Retiree Health Care

Trust shall submit a certification that the Retiree Health

Care Trust has been established in accordance with all

applicable legal requirements, including the following:

(A) the Retiree Health Care Trust has been

established and a Trust document is in effect to

govern the Retiree Health Care Trust;

(B) the members of the Board of Trustees of the

Retiree Health Care Trust have been appointed

according to the requirements of Section 22-101B(b)(1)

of the Illinois Pension Code;

(C) a health care benefit program for eligible

retirees and their dependents and survivors has been

established by the Board of Trustees according to the

requirements of Section 22-101B(b)(2) of the Illinois

Pension Code;

(D) contribution levels have been established for

retirees, dependents and survivors according to the

requirements of Section 22-101B(b)(5) of the Illinois

Pension Code; and

(E) contribution levels have been established for

employees of the Authority according to the

requirements of Section 22-101B(b)(6) of the Illinois

Pension Code.

(7) Actuarial Report. The Board of Trustees of the

Retiree Health Care Trust shall submit an actuarial report

prepared by an enrolled actuary setting forth:

(A) the method of valuation and the underlying

assumptions;

(B) a comparison of the projected interest cost of

the bonds or notes proposed to be issued with the

actuarial investment return assumption of the Retiree

Health Care Trust; and

(C) a certification that the net proceeds of the

bonds or notes, together with anticipated earnings on

contributions and deposits, will be sufficient to

adequately fund the actuarial present value of

projected benefits expected to be paid under the

Retiree Health Care Trust, or a certification of the

increases in contribution levels and decreases in

benefit levels that would be required in order to cure

any funding shortfall over a period of not more than 10

years.

(8) The Authority shall submit a financial analysis

prepared by an independent advisor. The financial analysis

must include a determination that the issuance of bonds is

in the best interest of the Retiree Health Care Trust and

the Chicago Transit Authority. The independent advisor

shall not act as underwriter or receive a legal,

consulting, or other fee related to the issuance of any

bond or notes issued by the Authority pursuant to Section

12c of the Metropolitan Transit Authority Act except

compensation due for the preparation of the financial

analysis.

(b) The Auditor General shall examine the information

submitted pursuant to Section 3-2.3(a)(1) through (4) and

submit a report to the General Assembly, the Legislative Audit

Commission, the Governor, the Regional Transportation

Authority and the Authority indicating whether (i) the

required certifications by the Authority and the Board of

Trustees of the Retirement Plan have been made, and (ii) the

actuarial reports have been provided, the reports include all

required information, the assumptions underlying those reports

are not unreasonable in the aggregate, and the reports appear

to comply with all pertinent professional standards, including

those issued by the Actuarial Standards Board. The Auditor

General shall submit such report no later than 60 days after

receiving the information required to be submitted by the

Authority and the Board of Trustees of the Retirement Plan.

Any bonds or notes issued by the Authority under item (1) of

subsection (b) of Section 12c of the Metropolitan Transit

Authority Act shall be issued within 120 days after receiving

such report from the Auditor General. The Authority may not

issue bonds or notes until it receives the report from the

Auditor General indicating the above requirements have been

met.

(c) The Auditor General shall examine the information

submitted pursuant to Section 3-2.3(a)(5) through (8) and

submit a report to the General Assembly, the Legislative Audit

Commission, the Governor, the Regional Transportation

Authority and the Authority indicating whether (i) the

required certifications by the Authority and the Board of

Trustees of the Retiree Health Care Trust have been made, and

(ii) the actuarial reports have been provided, the reports

include all required information, the assumptions underlying

those reports are not unreasonable in the aggregate, and the

reports appear to comply with all pertinent professional

standards, including those issued by the Actuarial Standards

Board. The Auditor General shall submit such report no later

than 60 days after receiving the information required to be

submitted by the Authority and the Board of Trustees of the

Retiree Health Care Trust. Any bonds or notes issued by the

Authority under item (2) of subsection (b) of Section 12c of

the Metropolitan Transit Authority Act shall be issued within

120 days after receiving such report from the Auditor General.

The Authority may not issue bonds or notes until it receives a

report from the Auditor General indicating the above

requirements have been met.

(d) In fulfilling this duty, after receiving the

information submitted pursuant to Section 3-2.3(a), the

Auditor General may request additional information and support

pertaining to the data and conclusions contained in the

submitted documents and the Authority, the Board of Trustees

of the Retirement Plan and the Board of Trustees of the Retiree

Health Care Trust shall cooperate with the Auditor General and

provide additional information as requested in a timely

manner. The Auditor General may also request from the Regional

Transportation Authority an analysis of the information

submitted by the Authority relating to the sources of funds to

be utilized for payment of the proposed bonds or notes of the

Authority. The Auditor General's report shall not be in the

nature of a post-audit or examination and shall not lead to the

issuance of an opinion as that term is defined in generally

accepted government auditing standards.

(e) Annual Retirement Plan Submission to Auditor General.

The Board of Trustees of the Retirement Plan for Chicago

Transit Authority Employees established by Section 22-101 of

the Illinois Pension Code shall provide the following

documents to the Auditor General annually no later than

September 30:

(1) the most recent audit or examination of the

Retirement Plan;

(2) an annual statement containing the information

specified in Section 1A-109 of the Illinois Pension Code;

and

(3) a complete actuarial statement applicable to the

prior plan year, which may be the annual report of an

enrolled actuary retained by the Retirement Plan specified

in Section 22-101(e) of the Illinois Pension Code.

The Auditor General shall annually examine the information

provided pursuant to this subsection and shall submit a report

of the analysis thereof to the General Assembly, including the

report specified in Section 22-101(e) of the Illinois Pension

Code.

(f) The Auditor General shall annually examine the

information submitted pursuant to Section 22-101B(b)(3)(iii)

of the Illinois Pension Code and shall prepare the

determination specified in Section 22-101B(b)(3)(iv) of the

Illinois Pension Code.

(g) In fulfilling the duties under Sections 3-2.3(e) and

(f), the Auditor General may request additional information

and support pertaining to the data and conclusions contained

in the submitted documents, and the Authority, the Board of

Trustees of the Retirement Plan, and the Board of Trustees of

the Retiree Health Care Trust shall cooperate with the Auditor

General and provide additional information as requested in a

timely manner. The Auditor General's review shall not be in

the nature of a post-audit or examination and shall not lead to

the issuance of an opinion as that term is defined in generally

accepted government auditing standards. Upon request of the

Auditor General, the Commission on Government Forecasting and

Accountability and the Public Pension Division of the

Department of Insurance Illinois Department of Financial and

Professional Regulation shall cooperate with and assist the

Auditor General in the conduct of his review.

(h) The Auditor General shall submit a bill to the

Authority for costs associated with the examinations and

reports specified in subsections (b) and (c) of this Section

3-2.3, which the Authority shall reimburse in a timely manner.

The costs associated with the examinations and reports which

are reimbursed by the Authority shall constitute a cost of

issuance of the bonds or notes under Section 12c(b)(1) and (2)

of the Metropolitan Transit Authority Act. The amount received

shall be deposited into the fund or funds from which such costs

were paid by the Auditor General. The Auditor General shall

submit a bill to the Retirement Plan for Chicago Transit

Authority Employees for costs associated with the examinations

and reports specified in subsection (e) of this Section, which

the Retirement Plan for Chicago Transit Authority Employees

shall reimburse in a timely manner. The amount received shall

be deposited into the fund or funds from which such costs were

paid by the Auditor General. The Auditor General shall submit

a bill to the Retiree Health Care Trust for costs associated

with the determination specified in subsection (f) of this

Section, which the Retiree Health Care Trust shall reimburse

in a timely manner. The amount received shall be deposited

into the fund or funds from which such costs were paid by the

Auditor General.

(Source: P.A. 95-708, eff. 1-18-08; revised 9-20-23.)

Section 140. The State Finance Act is amended by setting

forth and renumbering multiple versions of Sections 5.990 and

5.991 and by changing Sections 6z-32, 6z-82, 8.3, and 12-2 as

follows:

(30 ILCS 105/5.990)

Sec. 5.990. The Public Defender Fund.

(Source: P.A. 102-1104, eff. 12-6-22.)

(30 ILCS 105/5.991)

Sec. 5.991. The Due Process for Youth and Families Fund.

(Source: P.A. 102-1115, eff. 1-9-23.)

(30 ILCS 105/5.993)

Sec. 5.993 5.990. The Abortion Care Clinical Training

Program Fund.

(Source: P.A. 102-1117, eff. 1-13-23; revised 3-27-23.)

(30 ILCS 105/5.994)

Sec. 5.994 5.990. The Paid Leave for All Workers Fund.

(Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.)

(30 ILCS 105/5.995)

Sec. 5.995 5.990. The Hate Crimes and Bias Incident

Prevention and Response Fund.

(Source: P.A. 102-1115, eff. 1-9-23; revised 9-7-23.)

(30 ILCS 105/5.996)

Sec. 5.996 5.990. The Imagination Library of Illinois

Fund.

(Source: P.A. 103-8, eff. 6-7-23; revised 9-7-23.)

(30 ILCS 105/5.997)

Sec. 5.997 5.990. The Illinois Bullying and Cyberbullying

Prevention Fund.

(Source: P.A. 103-47, eff. 6-9-23; revised 9-7-23.)

(30 ILCS 105/5.999)

Sec. 5.999 5.990. The Illinois Health Benefits Exchange

Fund.

(Source: P.A. 103-103, eff. 6-27-23; revised 9-7-23.)

(30 ILCS 105/5.1000)

Sec. 5.1000 5.990. The Tick Research, Education, and

Evaluation Fund.

(Source: P.A. 103-163, eff. 1-1-24; revised 9-22-23.)

(30 ILCS 105/5.1001)

Sec. 5.1001 5.990. The License to Read Fund.

(Source: P.A. 103-267, eff. 6-30-23; revised 9-22-23.)

(30 ILCS 105/5.1002)

Sec. 5.1002 5.990. The Outdoor Rx Program Fund.

(Source: P.A. 103-284, eff. 1-1-24; revised 9-22-23.)

(30 ILCS 105/5.1003)

Sec. 5.1003 5.990. The UNCF Scholarship Fund.

(Source: P.A. 103-381, eff. 7-28-23; revised 9-22-23.)

(30 ILCS 105/5.1004)

Sec. 5.1004 5.990. The Hunger-Free Campus Grant Fund.

(Source: P.A. 103-435, eff. 8-4-23; revised 9-22-23.)

(30 ILCS 105/5.1005)

Sec. 5.1005 5.990. The Repatriation and Reinterment Fund.

(Source: P.A. 103-446, eff. 8-4-23; revised 9-22-23.)

(30 ILCS 105/5.1006)

Sec. 5.1006 5.990. The Illinois Graduate and Retain Our

Workforce (iGROW) Tech Scholarship Fund.

(Source: P.A. 103-519, eff. 1-1-24; revised 9-22-23.)

(30 ILCS 105/5.1007)

(Section scheduled to be repealed on January 1, 2027)

Sec. 5.1007 5.990. The Antitrust Enforcement Fund. This

Section is repealed on January 1, 2027.

(Source: P.A. 103-526, eff. 1-1-24; revised 9-22-23.)

(30 ILCS 105/5.1008)

Sec. 5.1008 5.990. The MAP Refund Fund.

(Source: P.A. 103-536, eff. 8-11-23; revised 9-22-23.)

(30 ILCS 105/5.1009)

Sec. 5.1009 5.990. The Lyme Disease Awareness Fund.

(Source: P.A. 103-557, eff. 8-11-23; revised 9-22-23.)

(30 ILCS 105/5.1010)

Sec. 5.1010 5.991. The Industrial Biotechnology Human

Capital Fund.

(Source: P.A. 103-363, eff. 7-28-23; revised 9-22-23.)

(30 ILCS 105/5.1011)

Sec. 5.1011 5.991. The Illinois DREAM Fund.

(Source: P.A. 103-381, eff. 7-28-23; revised 9-22-23.)

(30 ILCS 105/6z-32)

Sec. 6z-32. Partners for Planning and Conservation.

(a) The Partners for Conservation Fund (formerly known as

the Conservation 2000 Fund) and the Partners for Conservation

Projects Fund (formerly known as the Conservation 2000

Projects Fund) are created as special funds in the State

Treasury. These funds shall be used to establish a

comprehensive program to protect Illinois' natural resources

through cooperative partnerships between State government and

public and private landowners. Moneys in these Funds may be

used, subject to appropriation, by the Department of Natural

Resources, Environmental Protection Agency, and the Department

of Agriculture for purposes relating to natural resource

protection, planning, recreation, tourism, climate resilience,

and compatible agricultural and economic development

activities. Without limiting these general purposes, moneys in

these Funds may be used, subject to appropriation, for the

following specific purposes:

(1) To foster sustainable agriculture practices and

control soil erosion, sedimentation, and nutrient loss

from farmland, including grants to Soil and Water

Conservation Districts for conservation practice

cost-share grants and for personnel, educational, and

administrative expenses.

(2) To establish and protect a system of ecosystems in

public and private ownership through conservation

easements, incentives to public and private landowners,

natural resource restoration and preservation, water

quality protection and improvement, land use and watershed

planning, technical assistance and grants, and land

acquisition provided these mechanisms are all voluntary on

the part of the landowner and do not involve the use of

eminent domain.

(3) To develop a systematic and long-term program to

effectively measure and monitor natural resources and

ecological conditions through investments in technology

and involvement of scientific experts.

(4) To initiate strategies to enhance, use, and

maintain Illinois' inland lakes through education,

technical assistance, research, and financial incentives.

(5) To partner with private landowners and with units

of State, federal, and local government and with

not-for-profit organizations in order to integrate State

and federal programs with Illinois' natural resource

protection and restoration efforts and to meet

requirements to obtain federal and other funds for

conservation or protection of natural resources.

(6) To support the State's Nutrient Loss Reduction

Strategy, including, but not limited to, funding the

resources needed to support the Strategy's Policy Working

Group, cover water quality monitoring in support of

Strategy implementation, prepare a biennial report on the

progress made on the Strategy every 2 years, and provide

cost share funding for nutrient capture projects.

(7) To provide capacity grants to support soil and

water conservation districts, including, but not limited

to, developing soil health plans, conducting soil health

assessments, peer-to-peer training, convening

producer-led dialogues, professional memberships, lab

analysis, and and travel stipends for meetings and

educational events.

(8) To develop guidelines and local soil health

assessments for advancing soil health.

(b) The State Comptroller and State Treasurer shall

automatically transfer on the last day of each month,

beginning on September 30, 1995 and ending on June 30, 2024,

from the General Revenue Fund to the Partners for Conservation

Fund, an amount equal to 1/10 of the amount set forth below in

fiscal year 1996 and an amount equal to 1/12 of the amount set

forth below in each of the other specified fiscal years:

Fiscal Year Amount 1996 $ 3,500,000 1997 $ 9,000,000 1998 $10,000,000 1999 $11,000,000

2000 $12,500,000 2001 through 2004 $14,000,000 2005 $7,000,000 2006 $11,000,000 2007 $0 2008 through 2011 $14,000,000 2012 $12,200,000 2013 through 2017 $14,000,000 2018 $1,500,000 2019 $14,000,000 2020 $7,500,000 2021 through 2023 $14,000,000 2024 $18,000,000

(c) The State Comptroller and State Treasurer shall

automatically transfer on the last day of each month beginning

on July 31, 2021 and ending June 30, 2022, from the

Environmental Protection Permit and Inspection Fund to the

Partners for Conservation Fund, an amount equal to 1/12 of

$4,135,000.

(c-1) The State Comptroller and State Treasurer shall

automatically transfer on the last day of each month beginning

on July 31, 2022 and ending June 30, 2023, from the

Environmental Protection Permit and Inspection Fund to the

Partners for Conservation Fund, an amount equal to 1/12 of

$5,900,000.

(d) There shall be deposited into the Partners for

Conservation Projects Fund such bond proceeds and other moneys

as may, from time to time, be provided by law.

(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.)

(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) (Blank). 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).

(g) (Blank).

(h) Notwithstanding any other provision of law, in

addition to any other transfers that may be provided by law, on

June 9, 2023 (the effective date of Public Act 103-34) this

amendatory Act of the 103rd 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 Streetgang-Related Crime Fund to the

State Police Operations Assistance Fund. Upon completion of

the transfers, the State Police Streetgang-Related Crime Fund

is dissolved, and any future deposits into the State Police

Streetgang-Related Crime Fund and any outstanding obligations

or liabilities of the State Police Streetgang-Related Crime

Fund pass to the State Police Operations Assistance Fund.

(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;

102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff.

6-9-23; 103-363, eff. 7-28-23; revised 9-7-23.)

(30 ILCS 105/8.3)

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

2023, 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 2024, for the purposes of a grant not to exceed

$9,108,400 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 2023 when no

more than $17,570,000 may be expended and except fiscal

year 2024 when no more than $19,063,500 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 and Division of Criminal

Investigation;

2. Department of Transportation, only with respect to

Intercity Rail Subsidies, except fiscal year 2023 when no

more than $55,000,000 may be expended and except fiscal

year 2024 when no more than $60,000,000 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 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 2023 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 2024 for the purposes of a

grant not to exceed $9,108,400 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 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. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;

102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.

6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)

(30 ILCS 105/12-2) (from Ch. 127, par. 148-2)

Sec. 12-2. Travel Regulation Council; State travel

reimbursement.

(a) The chairmen of the travel control boards established

by Section 12-1, or their designees, shall together comprise

the Travel Regulation Council. The Travel Regulation Council

shall be chaired by the Director of Central Management

Services, who shall be a nonvoting member of the Council,

unless he is otherwise qualified to vote by virtue of being the

designee of a voting member. No later than March 1, 1986, and

at least biennially thereafter, the Council shall adopt State

Travel Regulations and Reimbursement Rates which shall be

applicable to all personnel subject to the jurisdiction of the

travel control boards established by Section 12-1. An

affirmative vote of a majority of the members of the Council

shall be required to adopt regulations and reimbursement

rates. If the Council fails to adopt regulations by March 1 of

any odd-numbered year, the Director of Central Management

Services shall adopt emergency regulations and reimbursement

rates pursuant to the Illinois Administrative Procedure Act.

As soon as practicable after January 23, 2023 (the effective

date of Public Act 102-1119) this amendatory Act of the 102nd

General Assembly, the Travel Regulation Council and the Higher

Education Travel Control Board shall adopt amendments to their

existing rules to ensure that reimbursement rates for public

institutions of higher education, as defined in Section 1-13

of the Illinois Procurement Code, are set in accordance with

the requirements of subsection (f) of this Section.

(b) (Blank).

(c) (Blank).

(d) Reimbursements to travelers shall be made pursuant to

the rates and regulations applicable to the respective State

agency as of January 1, 1986 (the effective date of Public Act

84-345) this amendatory Act, until the State Travel

Regulations and Reimbursement Rates established by this

Section are adopted and effective.

(e) (Blank).

(f) (f) Notwithstanding any rule or law to the contrary,

State travel reimbursement rates for lodging and mileage for

automobile travel, as well as allowances for meals, shall be

set at the maximum rates established by the federal government

for travel expenses, subsistence expenses, and mileage

allowances under 5 U.S.C. 5701 through 5711 and any

regulations promulgated thereunder. If the rates set under

federal regulations increase or decrease during the course of

the State's fiscal year, the effective date of the new rate

shall be the effective date of the change in the federal rate.

(Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24;

revised 1-2-24.)

Section 145. The General Obligation Bond Act is amended by

changing Section 11 as follows:

(30 ILCS 330/11) (from Ch. 127, par. 661)

Sec. 11. Sale of Bonds. Except as otherwise provided in

this Section, Bonds shall be sold from time to time pursuant to

notice of sale and public bid or by negotiated sale in such

amounts and at such times as is directed by the Governor, upon

recommendation by the Director of the Governor's Office of

Management and Budget. At least 25%, based on total principal

amount, of all Bonds issued each fiscal year shall be sold

pursuant to notice of sale and public bid. At all times during

each fiscal year, no more than 75%, based on total principal

amount, of the Bonds issued each fiscal year, shall have been

sold by negotiated sale. Failure to satisfy the requirements

in the preceding 2 sentences shall not affect the validity of

any previously issued Bonds; provided that all Bonds

authorized by Public Act 96-43 and Public Act 96-1497 shall

not be included in determining compliance for any fiscal year

with the requirements of the preceding 2 sentences; and

further provided that refunding Bonds satisfying the

requirements of Section 16 of this Act shall not be subject to

the requirements in the preceding 2 sentences.

The Director of the Governor's Office of Management and

Budget shall comply in the selection of any bond counsel with

the competitive request for proposal process set forth in the

Illinois Procurement Code and all other applicable

requirements of that Code. The Director of the Governor's

Office of Management and Budget may select any financial

advisor from a pool of qualified advisors established pursuant

to a request for qualifications. If any Bonds, including

refunding Bonds, are to be sold by negotiated sale, the

Director of the Governor's Office of Management and Budget

shall select any underwriter from a pool of qualified

underwriters established pursuant to a request for

qualifications.

If Bonds are to be sold pursuant to notice of sale and

public bid, the Director of the Governor's Office of

Management and Budget may, from time to time, as Bonds are to

be sold, advertise the sale of the Bonds in at least 2 daily

newspapers, one of which is published in the City of

Springfield and one in the City of Chicago. The sale of the

Bonds shall be advertised in the BidBuy eProcurement System or

any successor procurement platform maintained by the Chief

Procurement Officer for General Services, and shall be

published once at least 10 days prior to the date fixed for the

opening of the bids. The Director of the Governor's Office of

Management and Budget may reschedule the date of sale upon the

giving of such additional notice as the Director deems

adequate to inform prospective bidders of such change;

provided, however, that all other conditions of the sale shall

continue as originally advertised.

Executed Bonds shall, upon payment therefor, be delivered

to the purchaser, and the proceeds of Bonds shall be paid into

the State Treasury as directed by Section 12 of this Act.

All Income Tax Proceed Bonds shall comply with this

Section. Notwithstanding anything to the contrary, however,

for purposes of complying with this Section, Income Tax

Proceed Bonds, regardless of the number of series or issuances

sold thereunder, shall be considered a single issue or series.

Furthermore, for purposes of complying with the competitive

bidding requirements of this Section, the words "at all times"

shall not apply to any such sale of the Income Tax Proceed

Bonds. The Director of the Governor's Office of Management and

Budget shall determine the time and manner of any competitive

sale of the Income Tax Proceed Bonds; however, that sale shall

under no circumstances take place later than 60 days after the

State closes the sale of 75% of the Income Tax Proceed Bonds by

negotiated sale.

All State Pension Obligation Acceleration Bonds shall

comply with this Section. Notwithstanding anything to the

contrary, however, for purposes of complying with this

Section, State Pension Obligation Acceleration Bonds,

regardless of the number of series or issuances sold

thereunder, shall be considered a single issue or series.

Furthermore, for purposes of complying with the competitive

bidding requirements of this Section, the words "at all times"

shall not apply to any such sale of the State Pension

Obligation Acceleration Bonds. The Director of the Governor's

Office of Management and Budget shall determine the time and

manner of any competitive sale of the State Pension Obligation

Acceleration Bonds; however, that sale shall under no

circumstances take place later than 60 days after the State

closes the sale of 75% of the State Pension Obligation

Acceleration Bonds by negotiated sale.

(Source: P.A. 103-7, eff. 7-1-23; revised 9-20-23.)

Section 150. The Capital Development Bond Act of 1972 is

amended by changing Section 3 as follows:

(30 ILCS 420/3) (from Ch. 127, par. 753)

Sec. 3. The State of Illinois is authorized to issue, sell

and provide for the retirement of general obligation bonds of

the State of Illinois in the amount of $1,737,000,000

hereinafter called the "Bonds", for the specific purpose of

providing funds for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, and durable equipment and

for the acquisition and improvement of real property and

interests in real property required, or expected to be

required, in connection therewith and for the acquisition,

protection and development of natural resources, including

water related resources, within the State of Illinois for open

spaces, water resource management, recreational and

conservation purposes, all within the State of Illinois.

The Bonds shall be used in the following specific manner:

(a) $636,697,287 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for educational purposes by State universities and

colleges, the Illinois Community College Board created by the

Public Community College Act "An Act in relation to the

establishment, operation and maintenance of public community

colleges", approved July 15, 1965, as amended and by the

School Building Commission created by "An Act to provide for

the acquisition, construction, rental, and disposition of

buildings used for school purposes", approved June 21, 1957,

as amended, or its successor, all within the State of

Illinois, and for grants to public community colleges as

authorized by Section 5-11 of the Public Community College

Act; and for the acquisition, development, construction,

reconstruction rehabilitation, improvement, architectural

planning and installation of capital facilities consisting of

durable movable equipment, including antennas and structures

necessarily relating thereto, for the Board of Governors of

State Colleges and Universities to construct educational

television facilities, which educational television facilities

may be located upon land or structures not owned by the State

providing that the Board of Governors has at least a 25-year

lease for the use of such non-state owned land or structures,

which lease may contain a provision making it subject to

annual appropriations by the General Assembly;

(b) $323,000,000 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for correctional purposes at State prisons and

correctional centers, all within the State of Illinois;

(c) $157,020,000 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment, and

land for open spaces, recreational and conservation purposes

and the protection of land, all within the State of Illinois;

(d) $146,580,000 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for child care facilities, mental and public health

facilities, and facilities for the care of veterans with

disabilities and their spouses, all within the State of

Illinois;

(e) $348,846,200 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for use by the State, its departments, authorities,

public corporations, commissions and agencies;

(f) To reimburse the Illinois Building Authority created

by the Building Authority Act "An Act to create the Illinois

Building Authority and to define its powers and duties", as

approved August 15, 1961, as amended, for any and all costs and

expenses incurred, and to be incurred, by the Illinois

Building Authority in connection with the acquisition,

construction, development, reconstruction, improvement,

planning, installation and financing of capital facilities

consisting of buildings, structures, equipment and land as

enumerated in subsections (a) through (e) hereof, and in

connection therewith to acquire from the Illinois Building

Authority any such capital facilities; provided, however, that

nothing in this subparagraph shall be construed to require or

permit the acquisition of facilities financed by the Illinois

Building authority through the issuance of bonds;

(g) $24,853,800 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of buildings,

structures, durable equipment, and land for:

(1) Cargo handling facilities for use by port districts,

and

(2) Breakwaters, including harbor entrances incident

thereto, for use by port districts in conjunction with

facilities for small boats and pleasure craft;

(h) $39,900,000 for the acquisition, development,

construction, reconstruction, modification, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for water resource management projects, all within the

State of Illinois;

(i) $9,852,713 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for educational purposes by nonprofit, nonpublic health

service educational institutions;

(j) $48,000,000 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for the provision of facilities for food production

research and related instructional and public service

activities at the State universities and public community

colleges, all within the State of Illinois;

(k) $2,250,000 for grants by the Secretary of State, as

State Librarian, for the construction, acquisition,

development, reconstruction and improvement of central library

facilities authorized under Section 8 of the "The Illinois

Library System Act", as amended.

(Source: P.A. 99-143, eff. 7-27-15; revised 9-20-23.)

Section 155. The Build Illinois Bond Act is amended by

changing Section 5 as follows:

(30 ILCS 425/5) (from Ch. 127, par. 2805)

Sec. 5. Bond sale expenses.

(a) Costs for advertising, printing, bond rating, travel

of outside vendors, security, delivery, and legal and

financial advisory services, initial fees of trustees,

registrars, paying agents, and other fiduciaries, initial

costs of credit or liquidity enhancement arrangements, initial

fees of indexing and remarketing agents, and initial costs of

interest rate swaps, guarantees, or arrangements to limit

interest rate risk, as determined in the related Bond Sale

Order, may be paid as reasonable costs of issuance and sale

from the proceeds of each Bond sale. An amount not to exceed 1%

of the principal amount of the proceeds of the sale of each

bond sale is authorized to be used to pay additional

reasonable costs of each issuance and sale of Bonds authorized

and sold pursuant to this Act, including, without limitation,

underwriter's discounts and fees, but excluding bond

insurance; provided that no salaries of State employees or

other State office operating expenses shall be paid out of

non-appropriated proceeds. The Governor's Office of Management

and Budget shall compile a summary of all costs of issuance on

each sale (including both costs paid out of proceeds and those

paid out of appropriated funds) and post that summary on its

web site within 20 business days after the issuance of the

bonds. The summary shall include, as applicable, the

respective percentage of participation and compensation of

each underwriter that is a member of the underwriting

syndicate, legal counsel, financial advisors, and other

professionals for the Bond issue, and an identification of all

costs of issuance paid to minority-owned businesses,

women-owned businesses, and businesses owned by persons with

disabilities. The terms "minority-owned businesses",

"women-owned businesses", and "business owned by a person with

a disability" have the meanings given to those terms in the

Business Enterprise for Minorities, Women, and Persons with

Disabilities Act. The summary shall be posted on the website

for a period of at least 30 days. In addition, the Governor's

Office of Management and Budget shall provide a written copy

of each summary of costs to the Speaker and Minority Leader of

the House of Representatives, the President and Minority

Leader of the Senate, and the Commission on Government

Forecasting and Accountability within 20 business days after

each issuance of the bonds. In addition, the Governor's Office

of Management and Budget shall provide copies of all contracts

under which any costs of issuance are paid or to be paid to the

Commission on Government Forecasting and Accountability within

20 business days after the issuance of Bonds for which those

costs are paid or to be paid. Instead of filing a second or

subsequent copy of the same contract, the Governor's Office of

Management and Budget may file a statement that specified

costs are paid under specified contracts filed earlier with

the Commission.

(b) The Director of the Governor's Office of Management

and Budget shall not, in connection with the issuance of

Bonds, contract with any underwriter, financial advisor, or

attorney unless that underwriter, financial advisor, or

attorney certifies that the underwriter, financial advisor, or

attorney has not and will not pay a contingent fee, whether

directly or indirectly, to any third party for having promoted

the selection of the underwriter, financial advisor, or

attorney for that contract. In the event that the Governor's

Office of Management and Budget determines that an

underwriter, financial advisor, or attorney has filed a false

certification with respect to the payment of contingent fees,

the Governor's Office of Management and Budget shall not

contract with that underwriter, financial advisor, or

attorney, or with any firm employing any person who signed

false certifications, for a period of 2 calendar years,

beginning with the date the determination is made. The

validity of Bonds issued under such circumstances of violation

pursuant to this Section shall not be affected.

(Source: P.A. 103-7, eff. 7-1-23; revised 9-21-23.)

Section 160. The Illinois Procurement Code is amended by

changing Sections 1-10 and 10-20 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 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) Procurement expenditures necessary for the

Illinois Commerce Commission to hire third-party

facilitators pursuant to Sections 16-105.17 and 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.

(21) Procurement expenditures for the purchase,

renewal, and expansion of software, software licenses, or

software maintenance agreements that support the efforts

of the Illinois State Police to enforce, regulate, and

administer the Firearm Owners Identification Card Act, the

Firearm Concealed Carry Act, the Firearms Restraining

Order Act, the Firearm Dealer License Certification Act,

the Law Enforcement Agencies Data System (LEADS), the

Uniform Crime Reporting Act, the Criminal Identification

Act, the Illinois Uniform Conviction Information Act, and

the Gun Trafficking Information Act, or establish or

maintain record management systems necessary to conduct

human trafficking investigations or gun trafficking or

other stolen firearm investigations. This paragraph (21)

applies to contracts entered into on or after January 10,

2023 (the effective date of Public Act 102-1116) and the

renewal of contracts that are in effect on January 10,

2023 (the effective date of Public Act 102-1116).

(22) Contracts for project management services and

system integration services required for the completion of

the State's enterprise resource planning project. This

exemption becomes inoperative 5 years after June 7, 2023

(the effective date of the changes made to this Section by

Public Act 103-8). This paragraph (22) applies to

contracts entered into on or after June 7, 2023 (the

effective date of the changes made to this Section by

Public Act 103-8) and the renewal of contracts that are in

effect on June 7, 2023 (the effective date of the changes

made to this Section by Public Act 103-8).

(23) Procurements necessary for the Department of

Insurance to implement the Illinois Health Benefits

Exchange Law if the Department of Insurance has made a

good faith determination that it is necessary and

appropriate for the expenditure to fall within this

exemption. The procurement process shall be conducted in a

manner substantially in accordance with the requirements

of Sections 20-160 and 25-60 and Article 50 of this Code. A

copy of these contracts shall be made available to the

Chief Procurement Officer immediately upon request. This

paragraph is inoperative 5 years after June 27, 2023 (the

effective date of Public Act 103-103).

(24) (22) Contracts for public education programming,

noncommercial sustaining announcements, public service

announcements, and public awareness and education

messaging with the nonprofit trade associations of the

providers of those services that inform the public on

immediate and ongoing health and safety risks and hazards.

Notwithstanding any other provision of law, for contracts

with an annual value of more than $100,000 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. This Code does not apply to the procurement of

technical and policy experts pursuant to Section 1-129 of the

Illinois Power Agency 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. 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; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;

102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.

6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised

1-2-24.)

(30 ILCS 500/10-20)

Sec. 10-20. Independent chief procurement officers.

(a) Appointment. Within 60 calendar days after July 1,

2010 (the effective date of Public Act 96-795) this amendatory

Act of the 96th General Assembly, the Executive Ethics

Commission, with the advice and consent of the Senate shall

appoint or approve 4 chief procurement officers, one for each

of the following categories:

(1) for procurements for construction and

construction-related services committed by law to the

jurisdiction or responsibility of the Capital Development

Board;

(2) for procurements for all construction,

construction-related services, operation of any facility,

and the provision of any service or activity committed by

law to the jurisdiction or responsibility of the Illinois

Department of Transportation, including the direct or

reimbursable expenditure of all federal funds for which

the Department of Transportation is responsible or

accountable for the use thereof in accordance with federal

law, regulation, or procedure, the chief procurement

officer recommended for approval under this item appointed

by the Secretary of Transportation after consent by the

Executive Ethics Commission;

(3) for all procurements made by a public institution

of higher education; and

(4) for all other procurement needs of State agencies.

For fiscal year 2024, the Executive Ethics Commission

shall set aside from its appropriation those amounts necessary

for the use of the 4 chief procurement officers for the

ordinary and contingent expenses of their respective

procurement offices. From the amounts set aside by the

Commission, each chief procurement officer shall control the

internal operations of his or her procurement office and shall

procure the necessary equipment, materials, and services to

perform the duties of that office, including hiring necessary

procurement personnel, legal advisors, and other employees,

and may establish, in the exercise of the chief procurement

officer's discretion, the compensation of the office's

employees, which includes the State purchasing officers and

any legal advisors. The Executive Ethics Commission shall have

no control over the employees of the chief procurement

officers. The Executive Ethics Commission shall provide

administrative support services, including payroll, for each

procurement office.

(b) Terms and independence. Each chief procurement officer

appointed under this Section shall serve for a term of 5 years

beginning on the date of the officer's appointment. The chief

procurement officer may be removed for cause after a hearing

by the Executive Ethics Commission. The Governor or the

director of a State agency directly responsible to the

Governor may institute a complaint against the officer by

filing such complaint with the Commission. The Commission

shall have a hearing based on the complaint. The officer and

the complainant shall receive reasonable notice of the hearing

and shall be permitted to present their respective arguments

on the complaint. After the hearing, the Commission shall make

a finding on the complaint and may take disciplinary action,

including but not limited to removal of the officer.

The salary of a chief procurement officer shall be

established by the Executive Ethics Commission and may not be

diminished during the officer's term. The salary may not

exceed the salary of the director of a State agency for which

the officer serves as chief procurement officer.

(c) Qualifications. In addition to any other requirement

or qualification required by State law, each chief procurement

officer must within 12 months of employment be a Certified

Professional Public Buyer or a Certified Public Purchasing

Officer, pursuant to certification by the Universal Public

Purchasing Certification Council, and must reside in Illinois.

(d) Fiduciary duty. Each chief procurement officer owes a

fiduciary duty to the State.

(e) Vacancy. In case of a vacancy in one or more of the

offices of a chief procurement officer under this Section

during the recess of the Senate, the Executive Ethics

Commission shall make a temporary appointment until the next

meeting of the Senate, when the Executive Ethics Commission

shall nominate some person to fill the office, and any person

so nominated who is confirmed by the Senate shall hold office

during the remainder of the term and until his or her successor

is appointed and qualified. If the Senate is not in session at

the time Public Act 96-920 this amendatory Act of the 96th

General Assembly takes effect, the Executive Ethics Commission

shall make a temporary appointment as in the case of a vacancy.

(f) (Blank).

(g) (Blank).

(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)

Section 165. The Illinois Works Jobs Program Act is

amended by changing Section 20-15 as follows:

(30 ILCS 559/20-15)

Sec. 20-15. Illinois Works Preapprenticeship Program;

Illinois Works Bid Credit Program.

(a) The Illinois Works Preapprenticeship Program is

established and shall be administered by the Department. The

goal of the Illinois Works Preapprenticeship Program is to

create a network of community-based organizations throughout

the State that will recruit, prescreen, and provide

preapprenticeship skills training, for which participants may

attend free of charge and receive a stipend, to create a

qualified, diverse pipeline of workers who are prepared for

careers in the construction and building trades. Upon

completion of the Illinois Works Preapprenticeship Program,

the candidates will be skilled and work-ready.

(b) There is created the Illinois Works Fund, a special

fund in the State treasury. The Illinois Works Fund shall be

administered by the Department. The Illinois Works Fund shall

be used to provide funding for community-based organizations

throughout the State. In addition to any other transfers that

may be provided for by law, on and after July 1, 2019 at the

direction of the Director of the Governor's Office of

Management and Budget, the State Comptroller shall direct and

the State Treasurer shall transfer amounts not exceeding a

total of $50,000,000 from the Rebuild Illinois Projects Fund

to the Illinois Works Fund.

(c) Each community-based organization that receives

funding from the Illinois Works Fund shall provide an annual

report to the Illinois Works Review Panel by April 1 of each

calendar year. The annual report shall include the following

information:

(1) a description of the community-based

organization's recruitment, screening, and training

efforts;

(2) the number of individuals who apply to,

participate in, and complete the community-based

organization's program, broken down by race, gender, age,

and veteran status; and

(3) the number of the individuals referenced in item (2)

of this subsection who are initially accepted and placed

into apprenticeship programs in the construction and

building trades.

(d) The Department shall create and administer the

Illinois Works Bid Credit Program that shall provide economic

incentives, through bid credits, to encourage contractors and

subcontractors to provide contracting and employment

opportunities to historically underrepresented populations in

the construction industry.

The Illinois Works Bid Credit Program shall allow

contractors and subcontractors to earn bid credits for use

toward future bids for public works projects contracted by the

State or an agency of the State in order to increase the

chances that the contractor and the subcontractors will be

selected.

Contractors or subcontractors may be eligible to earn bid

credits for employing apprentices who have completed the

Illinois Works Preapprenticeship Program. Contractors or

subcontractors shall earn bid credits at a rate established by

the Department and based on labor hours worked by apprentices

who have completed the Illinois Works Preapprenticeship

Program. In order to earn bid credits, contractors and

subcontractors shall provide the Department with certified

payroll documenting the hours performed by apprentices who

have completed the Illinois Works Preapprenticeship Program.

Contractors and subcontractors can use bid credits toward

future bids for public works projects contracted or funded by

the State or an agency of the State in order to increase the

likelihood of being selected as the contractor for the public

works project toward which they have applied the bid credit.

The Department shall establish the rate by rule and shall

publish it on the Department's website. The rule may include

maximum bid credits allowed per contractor, per subcontractor,

per apprentice, per bid, or per year.

The Illinois Works Credit Bank is hereby created and shall

be administered by the Department. The Illinois Works Credit

Bank shall track the bid credits.

A contractor or subcontractor who has been awarded bid

credits under any other State program for employing

apprentices who have completed the Illinois Works

Preapprenticeship Program is not eligible to receive bid

credits under the Illinois Works Bid Credit Program relating

to the same contract.

The Department shall report to the Illinois Works Review

Panel the following: (i) the number of bid credits awarded by

the Department; (ii) the number of bid credits submitted by

the contractor or subcontractor to the agency administering

the public works contract; and (iii) the number of bid credits

accepted by the agency for such contract. Any agency that

awards bid credits pursuant to the Illinois Works Credit Bank

Program shall report to the Department the number of bid

credits it accepted for the public works contract.

Upon a finding that a contractor or subcontractor has

reported falsified records to the Department in order to

fraudulently obtain bid credits, the Department may bar the

contractor or subcontractor from participating in the Illinois

Works Bid Credit Program and may suspend the contractor or

subcontractor from bidding on or participating in any public

works project. False or fraudulent claims for payment relating

to false bid credits may be subject to damages and penalties

under applicable law.

(e) The Department shall adopt any rules deemed necessary

to implement this Section. In order to provide for the

expeditious and timely implementation of this Act, the

Department may adopt emergency rules. The adoption of

emergency rules authorized by this subsection is deemed to be

necessary for the public interest, safety, and welfare.

(Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23;

revised 9-6-23.)

Section 170. The Build Illinois Act is amended by changing

Section 10-6 as follows:

(30 ILCS 750/10-6) (from Ch. 127, par. 2710-6)

Sec. 10-6. Large Business Attraction Fund.

(a) There is created the Large Business Attraction Fund to

be held as part of the State Treasury. The Department is

authorized to make loans from the Fund for the purposes

established under this Article. The State Treasurer shall have

custody of the Fund and may invest in securities constituting

direct obligations of the United States Government, in

obligations the principal of and interest on which are

guaranteed by the United States Government, or in certificates

of deposit of any State or national bank that are fully secured

by obligations guaranteed as to principal and interest by the

United States Government. The purpose of the Fund is to offer

loans to finance large firms considering the location of a

proposed plant in the State and to provide financing to carry

out the purposes and provisions of paragraph (h) of Section

10-3. Financing shall be in the form of a loan, mortgage, or

other debt instrument. All loans shall be conditioned on the

project receiving financing from participating lenders or

other sources. Loan proceeds shall be available for project

costs associated with an expansion of business capacity and

employment, except for debt refinancing. Targeted companies

for the program shall primarily consist of established

industrial and service companies with proven records of

earnings that will sell their product to markets beyond

Illinois and have proven multistate location options. New

ventures shall be considered only if the entity is protected

with adequate security with regard to its financing and

operation. The limitations and conditions with respect to the

use of this Fund shall not apply in carrying out the purposes

and provisions of paragraph (h) of Section 10-3.

(b) Deposits into the Fund shall include, but are not

limited to:

(1) Any appropriations, grants, or gifts made to the

Fund.

(2) Any income received from interest on investments

of amounts from the Fund not currently needed to meet the

obligations of the Fund.

(c) The State Comptroller and the State Treasurer shall

from time to time, upon the written direction of the Governor,

transfer from the Fund to the General Revenue Fund or the

Budget Stabilization Fund, those amounts that the Governor

determines are in excess of the amounts required to meet the

obligations of the Fund. Any amounts transferred to the Budget

Stabilization Fund may be transferred back to the Large

Business Attraction Fund by the State Comptroller and the

State Treasurer, upon the written direction of the Governor.

(d) Notwithstanding subsection (a) of this Section, the

Large Business Attraction Fund may be used for the purposes

established under the Invest in Illinois Act, including for

awards, grants, loans, contracts, and administrative expenses.

(Source: P.A. 102-1115, eff. 1-9-23; 102-1125, eff. 2-3-23;

revised 2-23-23.)

Section 175. The State Mandates Act is amended by changing

Sections 8.46 and 8.47 as follows:

(30 ILCS 805/8.46)

Sec. 8.46. 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 102-707, 102-764, 102-806, 102-811,

102-836, 102-856, 102-857, 102-884, 102-943, 102-1061,

102-1064, 102-1088, or 102-1131 this amendatory Act of the

102nd General Assembly.

(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 Decennial Committees on Local

Government Efficiency Act.

(Source: P.A. 102-707, eff. 4-22-22; 102-764, eff. 5-13-22;

102-806, eff. 5-13-22; 102-811, eff. 1-1-23; 102-836, eff.

5-13-22; 102-856, eff. 1-1-23; 102-857, eff. 5-13-22; 102-884,

eff. 5-13-22; 102-943, eff. 1-1-23; 102-1061, eff. 6-10-22;

102-1064, eff. 6-10-22; 102-1088, eff. 6-10-22; 102-1131, eff.

6-1-23; revised 9-19-23.)

(30 ILCS 805/8.47)

Sec. 8.47. 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 103-2, 103-110, 103-409,

103-455, 103-529, 103-552, 103-553, 103-579, or 103-582 this

amendatory Act of the 103rd General Assembly.

(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 Decennial Committees on Local

Government Efficiency Act.

(c) Notwithstanding Sections 6 and 8 of this Act, no

reimbursement by the State is required for the implementation

of the mandate created by Section 2.10a of the Regional

Transportation Authority Act in Public Act 103-281 this

amendatory Act of the 103rd General Assembly.

(Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23;

103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff.

1-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552,

eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23;

103-582, eff. 12-8-23; revised 1-2-24.)

Section 180. The Illinois Income Tax Act is amended by

changing Sections 201, 203, 228, and 237 as follows:

(35 ILCS 5/201)

Sec. 201. Tax imposed.

(a) In general. A tax measured by net income is hereby

imposed on every individual, corporation, trust and estate for

each taxable year ending after July 31, 1969 on the privilege

of earning or receiving income in or as a resident of this

State. Such tax shall be in addition to all other occupation or

privilege taxes imposed by this State or by any municipal

corporation or political subdivision thereof.

(b) Rates. The tax imposed by subsection (a) of this

Section shall be determined as follows, except as adjusted by

subsection (d-1):

(1) In the case of an individual, trust or estate, for

taxable years ending prior to July 1, 1989, an amount

equal to 2 1/2% of the taxpayer's net income for the

taxable year.

(2) In the case of an individual, trust or estate, for

taxable years beginning prior to July 1, 1989 and ending

after June 30, 1989, an amount equal to the sum of (i) 2

1/2% of the taxpayer's net income for the period prior to

July 1, 1989, as calculated under Section 202.3, and (ii)

3% of the taxpayer's net income for the period after June

30, 1989, as calculated under Section 202.3.

(3) In the case of an individual, trust or estate, for

taxable years beginning after June 30, 1989, and ending

prior to January 1, 2011, an amount equal to 3% of the

taxpayer's net income for the taxable year.

(4) In the case of an individual, trust, or estate,

for taxable years beginning prior to January 1, 2011, and

ending after December 31, 2010, an amount equal to the sum

of (i) 3% of the taxpayer's net income for the period prior

to January 1, 2011, as calculated under Section 202.5, and

(ii) 5% of the taxpayer's net income for the period after

December 31, 2010, as calculated under Section 202.5.

(5) In the case of an individual, trust, or estate,

for taxable years beginning on or after January 1, 2011,

and ending prior to January 1, 2015, an amount equal to 5%

of the taxpayer's net income for the taxable year.

(5.1) In the case of an individual, trust, or estate,

for taxable years beginning prior to January 1, 2015, and

ending after December 31, 2014, an amount equal to the sum

of (i) 5% of the taxpayer's net income for the period prior

to January 1, 2015, as calculated under Section 202.5, and

(ii) 3.75% of the taxpayer's net income for the period

after December 31, 2014, as calculated under Section

202.5.

(5.2) In the case of an individual, trust, or estate,

for taxable years beginning on or after January 1, 2015,

and ending prior to July 1, 2017, an amount equal to 3.75%

of the taxpayer's net income for the taxable year.

(5.3) In the case of an individual, trust, or estate,

for taxable years beginning prior to July 1, 2017, and

ending after June 30, 2017, an amount equal to the sum of

(i) 3.75% of the taxpayer's net income for the period

prior to July 1, 2017, as calculated under Section 202.5,

and (ii) 4.95% of the taxpayer's net income for the period

after June 30, 2017, as calculated under Section 202.5.

(5.4) In the case of an individual, trust, or estate,

for taxable years beginning on or after July 1, 2017, an

amount equal to 4.95% of the taxpayer's net income for the

taxable year.

(6) In the case of a corporation, for taxable years

ending prior to July 1, 1989, an amount equal to 4% of the

taxpayer's net income for the taxable year.

(7) In the case of a corporation, for taxable years

beginning prior to July 1, 1989 and ending after June 30,

1989, an amount equal to the sum of (i) 4% of the

taxpayer's net income for the period prior to July 1,

1989, as calculated under Section 202.3, and (ii) 4.8% of

the taxpayer's net income for the period after June 30,

1989, as calculated under Section 202.3.

(8) In the case of a corporation, for taxable years

beginning after June 30, 1989, and ending prior to January

1, 2011, an amount equal to 4.8% of the taxpayer's net

income for the taxable year.

(9) In the case of a corporation, for taxable years

beginning prior to January 1, 2011, and ending after

December 31, 2010, an amount equal to the sum of (i) 4.8%

of the taxpayer's net income for the period prior to

January 1, 2011, as calculated under Section 202.5, and

(ii) 7% of the taxpayer's net income for the period after

December 31, 2010, as calculated under Section 202.5.

(10) In the case of a corporation, for taxable years

beginning on or after January 1, 2011, and ending prior to

January 1, 2015, an amount equal to 7% of the taxpayer's

net income for the taxable year.

(11) In the case of a corporation, for taxable years

beginning prior to January 1, 2015, and ending after

December 31, 2014, an amount equal to the sum of (i) 7% of

the taxpayer's net income for the period prior to January

1, 2015, as calculated under Section 202.5, and (ii) 5.25%

of the taxpayer's net income for the period after December

31, 2014, as calculated under Section 202.5.

(12) In the case of a corporation, for taxable years

beginning on or after January 1, 2015, and ending prior to

July 1, 2017, an amount equal to 5.25% of the taxpayer's

net income for the taxable year.

(13) In the case of a corporation, for taxable years

beginning prior to July 1, 2017, and ending after June 30,

2017, an amount equal to the sum of (i) 5.25% of the

taxpayer's net income for the period prior to July 1,

2017, as calculated under Section 202.5, and (ii) 7% of

the taxpayer's net income for the period after June 30,

2017, as calculated under Section 202.5.

(14) In the case of a corporation, for taxable years

beginning on or after July 1, 2017, an amount equal to 7%

of the taxpayer's net income for the taxable year.

The rates under this subsection (b) are subject to the

provisions of Section 201.5.

(b-5) Surcharge; sale or exchange of assets, properties,

and intangibles of organization gaming licensees. For each of

taxable years 2019 through 2027, a surcharge is imposed on all

taxpayers on income arising from the sale or exchange of

capital assets, depreciable business property, real property

used in the trade or business, and Section 197 intangibles (i)

of an organization licensee under the Illinois Horse Racing

Act of 1975 and (ii) of an organization gaming licensee under

the Illinois Gambling Act. The amount of the surcharge is

equal to the amount of federal income tax liability for the

taxable year attributable to those sales and exchanges. The

surcharge imposed shall not apply if:

(1) the organization gaming license, organization

license, or racetrack property is transferred as a result

of any of the following:

(A) bankruptcy, a receivership, or a debt

adjustment initiated by or against the initial

licensee or the substantial owners of the initial

licensee;

(B) cancellation, revocation, or termination of

any such license by the Illinois Gaming Board or the

Illinois Racing Board;

(C) a determination by the Illinois Gaming Board

that transfer of the license is in the best interests

of Illinois gaming;

(D) the death of an owner of the equity interest in

a licensee;

(E) the acquisition of a controlling interest in

the stock or substantially all of the assets of a

publicly traded company;

(F) a transfer by a parent company to a wholly

owned subsidiary; or

(G) the transfer or sale to or by one person to

another person where both persons were initial owners

of the license when the license was issued; or

(2) the controlling interest in the organization

gaming license, organization license, or racetrack

property is transferred in a transaction to lineal

descendants in which no gain or loss is recognized or as a

result of a transaction in accordance with Section 351 of

the Internal Revenue Code in which no gain or loss is

recognized; or

(3) live horse racing was not conducted in 2010 at a

racetrack located within 3 miles of the Mississippi River

under a license issued pursuant to the Illinois Horse

Racing Act of 1975.

The transfer of an organization gaming license,

organization license, or racetrack property by a person other

than the initial licensee to receive the organization gaming

license is not subject to a surcharge. The Department shall

adopt rules necessary to implement and administer this

subsection.

(c) Personal Property Tax Replacement Income Tax.

Beginning on July 1, 1979 and thereafter, in addition to such

income tax, there is also hereby imposed the Personal Property

Tax Replacement Income Tax measured by net income on every

corporation (including Subchapter S corporations), partnership

and trust, for each taxable year ending after June 30, 1979.

Such taxes are imposed on the privilege of earning or

receiving income in or as a resident of this State. The

Personal Property Tax Replacement Income Tax shall be in

addition to the income tax imposed by subsections (a) and (b)

of this Section and in addition to all other occupation or

privilege taxes imposed by this State or by any municipal

corporation or political subdivision thereof.

(d) Additional Personal Property Tax Replacement Income

Tax Rates. The personal property tax replacement income tax

imposed by this subsection and subsection (c) of this Section

in the case of a corporation, other than a Subchapter S

corporation and except as adjusted by subsection (d-1), shall

be an additional amount equal to 2.85% of such taxpayer's net

income for the taxable year, except that beginning on January

1, 1981, and thereafter, the rate of 2.85% specified in this

subsection shall be reduced to 2.5%, and in the case of a

partnership, trust or a Subchapter S corporation shall be an

additional amount equal to 1.5% of such taxpayer's net income

for the taxable year.

(d-1) Rate reduction for certain foreign insurers. In the

case of a foreign insurer, as defined by Section 35A-5 of the

Illinois Insurance Code, whose state or country of domicile

imposes on insurers domiciled in Illinois a retaliatory tax

(excluding any insurer whose premiums from reinsurance assumed

are 50% or more of its total insurance premiums as determined

under paragraph (2) of subsection (b) of Section 304, except

that for purposes of this determination premiums from

reinsurance do not include premiums from inter-affiliate

reinsurance arrangements), beginning with taxable years ending

on or after December 31, 1999, the sum of the rates of tax

imposed by subsections (b) and (d) shall be reduced (but not

increased) to the rate at which the total amount of tax imposed

under this Act, net of all credits allowed under this Act,

shall equal (i) the total amount of tax that would be imposed

on the foreign insurer's net income allocable to Illinois for

the taxable year by such foreign insurer's state or country of

domicile if that net income were subject to all income taxes

and taxes measured by net income imposed by such foreign

insurer's state or country of domicile, net of all credits

allowed or (ii) a rate of zero if no such tax is imposed on

such income by the foreign insurer's state of domicile. For

the purposes of this subsection (d-1), an inter-affiliate

includes a mutual insurer under common management.

(1) For the purposes of subsection (d-1), in no event

shall the sum of the rates of tax imposed by subsections

(b) and (d) be reduced below the rate at which the sum of:

(A) the total amount of tax imposed on such

foreign insurer under this Act for a taxable year, net

of all credits allowed under this Act, plus

(B) the privilege tax imposed by Section 409 of

the Illinois Insurance Code, the fire insurance

company tax imposed by Section 12 of the Fire

Investigation Act, and the fire department taxes

imposed under Section 11-10-1 of the Illinois

Municipal Code,

equals 1.25% for taxable years ending prior to December

31, 2003, or 1.75% for taxable years ending on or after

December 31, 2003, of the net taxable premiums written for

the taxable year, as described by subsection (1) of

Section 409 of the Illinois Insurance Code. This paragraph

will in no event increase the rates imposed under

subsections (b) and (d).

(2) Any reduction in the rates of tax imposed by this

subsection shall be applied first against the rates

imposed by subsection (b) and only after the tax imposed

by subsection (a) net of all credits allowed under this

Section other than the credit allowed under subsection (i)

has been reduced to zero, against the rates imposed by

subsection (d).

This subsection (d-1) is exempt from the provisions of

Section 250.

(e) Investment credit. A taxpayer shall be allowed a

credit against the Personal Property Tax Replacement Income

Tax for investment in qualified property.

(1) A taxpayer shall be allowed a credit equal to .5%

of the basis of qualified property placed in service

during the taxable year, provided such property is placed

in service on or after July 1, 1984. There shall be allowed

an additional credit equal to .5% of the basis of

qualified property placed in service during the taxable

year, provided such property is placed in service on or

after July 1, 1986, and the taxpayer's base employment

within Illinois has increased by 1% or more over the

preceding year as determined by the taxpayer's employment

records filed with the Illinois Department of Employment

Security. Taxpayers who are new to Illinois shall be

deemed to have met the 1% growth in base employment for the

first year in which they file employment records with the

Illinois Department of Employment Security. The provisions

added to this Section by Public Act 85-1200 (and restored

by Public Act 87-895) shall be construed as declaratory of

existing law and not as a new enactment. If, in any year,

the increase in base employment within Illinois over the

preceding year is less than 1%, the additional credit

shall be limited to that percentage times a fraction, the

numerator of which is .5% and the denominator of which is

1%, but shall not exceed .5%. The investment credit shall

not be allowed to the extent that it would reduce a

taxpayer's liability in any tax year below zero, nor may

any credit for qualified property be allowed for any year

other than the year in which the property was placed in

service in Illinois. For tax years ending on or after

December 31, 1987, and on or before December 31, 1988, the

credit shall be allowed for the tax year in which the

property is placed in service, or, if the amount of the

credit exceeds the tax liability for that year, whether it

exceeds the original liability or the liability as later

amended, such excess may be carried forward and applied to

the tax liability of the 5 taxable years following the

excess credit years if the taxpayer (i) makes investments

which cause the creation of a minimum of 2,000 full-time

equivalent jobs in Illinois, (ii) is located in an

enterprise zone established pursuant to the Illinois

Enterprise Zone Act and (iii) is certified by the

Department of Commerce and Community Affairs (now

Department of Commerce and Economic Opportunity) as

complying with the requirements specified in clause (i)

and (ii) by July 1, 1986. The Department of Commerce and

Community Affairs (now Department of Commerce and Economic

Opportunity) shall notify the Department of Revenue of all

such certifications immediately. For tax years ending

after December 31, 1988, the credit shall be allowed for

the tax year in which the property is placed in service,

or, if the amount of the credit exceeds the tax liability

for that year, whether it exceeds the original liability

or the liability as later amended, such excess may be

carried forward and applied to the tax liability of the 5

taxable years following the excess credit years. The

credit shall be applied to the earliest year for which

there is a liability. If there is credit from more than one

tax year that is available to offset a liability, earlier

credit shall be applied first.

(2) The term "qualified property" means property

which:

(A) is tangible, whether new or used, including

buildings and structural components of buildings and

signs that are real property, but not including land

or improvements to real property that are not a

structural component of a building such as

landscaping, sewer lines, local access roads, fencing,

parking lots, and other appurtenances;

(B) is depreciable pursuant to Section 167 of the

Internal Revenue Code, except that "3-year property"

as defined in Section 168(c)(2)(A) of that Code is not

eligible for the credit provided by this subsection

(e);

(C) is acquired by purchase as defined in Section

179(d) of the Internal Revenue Code;

(D) is used in Illinois by a taxpayer who is

primarily engaged in manufacturing, or in mining coal

or fluorite, or in retailing, or was placed in service

on or after July 1, 2006 in a River Edge Redevelopment

Zone established pursuant to the River Edge

Redevelopment Zone Act; and

(E) has not previously been used in Illinois in

such a manner and by such a person as would qualify for

the credit provided by this subsection (e) or

subsection (f).

(3) For purposes of this subsection (e),

"manufacturing" means the material staging and production

of tangible personal property by procedures commonly

regarded as manufacturing, processing, fabrication, or

assembling which changes some existing material into new

shapes, new qualities, or new combinations. For purposes

of this subsection (e) the term "mining" shall have the

same meaning as the term "mining" in Section 613(c) of the

Internal Revenue Code. For purposes of this subsection

(e), the term "retailing" means the sale of tangible

personal property for use or consumption and not for

resale, or services rendered in conjunction with the sale

of tangible personal property for use or consumption and

not for resale. For purposes of this subsection (e),

"tangible personal property" has the same meaning as when

that term is used in the Retailers' Occupation Tax Act,

and, for taxable years ending after December 31, 2008,

does not include the generation, transmission, or

distribution of electricity.

(4) The basis of qualified property shall be the basis

used to compute the depreciation deduction for federal

income tax purposes.

(5) If the basis of the property for federal income

tax depreciation purposes is increased after it has been

placed in service in Illinois by the taxpayer, the amount

of such increase shall be deemed property placed in

service on the date of such increase in basis.

(6) The term "placed in service" shall have the same

meaning as under Section 46 of the Internal Revenue Code.

(7) If during any taxable year, any property ceases to

be qualified property in the hands of the taxpayer within

48 months after being placed in service, or the situs of

any qualified property is moved outside Illinois within 48

months after being placed in service, the Personal

Property Tax Replacement Income Tax for such taxable year

shall be increased. Such increase shall be determined by

(i) recomputing the investment credit which would have

been allowed for the year in which credit for such

property was originally allowed by eliminating such

property from such computation and, (ii) subtracting such

recomputed credit from the amount of credit previously

allowed. For the purposes of this paragraph (7), a

reduction of the basis of qualified property resulting

from a redetermination of the purchase price shall be

deemed a disposition of qualified property to the extent

of such reduction.

(8) Unless the investment credit is extended by law,

the basis of qualified property shall not include costs

incurred after December 31, 2018, except for costs

incurred pursuant to a binding contract entered into on or

before December 31, 2018.

(9) Each taxable year ending before December 31, 2000,

a partnership may elect to pass through to its partners

the credits to which the partnership is entitled under

this subsection (e) for the taxable year. A partner may

use the credit allocated to him or her under this

paragraph only against the tax imposed in subsections (c)

and (d) of this Section. If the partnership makes that

election, those credits shall be allocated among the

partners in the partnership in accordance with the rules

set forth in Section 704(b) of the Internal Revenue Code,

and the rules promulgated under that Section, and the

allocated amount of the credits shall be allowed to the

partners for that taxable year. The partnership shall make

this election on its Personal Property Tax Replacement

Income Tax return for that taxable year. The election to

pass through the credits shall be irrevocable.

For taxable years ending on or after December 31,

2000, a partner that qualifies its partnership for a

subtraction under subparagraph (I) of paragraph (2) of

subsection (d) of Section 203 or a shareholder that

qualifies a Subchapter S corporation for a subtraction

under subparagraph (S) of paragraph (2) of subsection (b)

of Section 203 shall be allowed a credit under this

subsection (e) equal to its share of the credit earned

under this subsection (e) during the taxable year by the

partnership or Subchapter S corporation, determined in

accordance with the determination of income and

distributive share of income under Sections 702 and 704

and Subchapter S of the Internal Revenue Code. This

paragraph is exempt from the provisions of Section 250.

(f) Investment credit; Enterprise Zone; River Edge

Redevelopment Zone.

(1) A taxpayer shall be allowed a credit against the

tax imposed by subsections (a) and (b) of this Section for

investment in qualified property which is placed in

service in an Enterprise Zone created pursuant to the

Illinois Enterprise Zone Act or, for property placed in

service on or after July 1, 2006, a River Edge

Redevelopment Zone established pursuant to the River Edge

Redevelopment Zone Act. For partners, shareholders of

Subchapter S corporations, and owners of limited liability

companies, if the liability company is treated as a

partnership for purposes of federal and State income

taxation, for taxable years ending before December 31,

2023, there shall be allowed a credit under this

subsection (f) to be determined in accordance with the

determination of income and distributive share of income

under Sections 702 and 704 and Subchapter S of the

Internal Revenue Code. For taxable years ending on or

after December 31, 2023, for partners and shareholders of

Subchapter S corporations, the provisions of Section 251

shall apply with respect to the credit under this

subsection. The credit shall be .5% of the basis for such

property. The credit shall be available only in the

taxable year in which the property is placed in service in

the Enterprise Zone or River Edge Redevelopment Zone and

shall not be allowed to the extent that it would reduce a

taxpayer's liability for the tax imposed by subsections

(a) and (b) of this Section to below zero. For tax years

ending on or after December 31, 1985, the credit shall be

allowed for the tax year in which the property is placed in

service, or, if the amount of the credit exceeds the tax

liability for that year, whether it exceeds the original

liability or the liability as later amended, such excess

may be carried forward and applied to the tax liability of

the 5 taxable years following the excess credit year. The

credit shall be applied to the earliest year for which

there is a liability. If there is credit from more than one

tax year that is available to offset a liability, the

credit accruing first in time shall be applied first.

(2) The term qualified property means property which:

(A) is tangible, whether new or used, including

buildings and structural components of buildings;

(B) is depreciable pursuant to Section 167 of the

Internal Revenue Code, except that "3-year property"

as defined in Section 168(c)(2)(A) of that Code is not

eligible for the credit provided by this subsection

(f);

(C) is acquired by purchase as defined in Section

179(d) of the Internal Revenue Code;

(D) is used in the Enterprise Zone or River Edge

Redevelopment Zone by the taxpayer; and

(E) has not been previously used in Illinois in

such a manner and by such a person as would qualify for

the credit provided by this subsection (f) or

subsection (e).

(3) The basis of qualified property shall be the basis

used to compute the depreciation deduction for federal

income tax purposes.

(4) If the basis of the property for federal income

tax depreciation purposes is increased after it has been

placed in service in the Enterprise Zone or River Edge

Redevelopment Zone by the taxpayer, the amount of such

increase shall be deemed property placed in service on the

date of such increase in basis.

(5) The term "placed in service" shall have the same

meaning as under Section 46 of the Internal Revenue Code.

(6) If during any taxable year, any property ceases to

be qualified property in the hands of the taxpayer within

48 months after being placed in service, or the situs of

any qualified property is moved outside the Enterprise

Zone or River Edge Redevelopment Zone within 48 months

after being placed in service, the tax imposed under

subsections (a) and (b) of this Section for such taxable

year shall be increased. Such increase shall be determined

by (i) recomputing the investment credit which would have

been allowed for the year in which credit for such

property was originally allowed by eliminating such

property from such computation, and (ii) subtracting such

recomputed credit from the amount of credit previously

allowed. For the purposes of this paragraph (6), a

reduction of the basis of qualified property resulting

from a redetermination of the purchase price shall be

deemed a disposition of qualified property to the extent

of such reduction.

(7) There shall be allowed an additional credit equal

to 0.5% of the basis of qualified property placed in

service during the taxable year in a River Edge

Redevelopment Zone, provided such property is placed in

service on or after July 1, 2006, and the taxpayer's base

employment within Illinois has increased by 1% or more

over the preceding year as determined by the taxpayer's

employment records filed with the Illinois Department of

Employment Security. Taxpayers who are new to Illinois

shall be deemed to have met the 1% growth in base

employment for the first year in which they file

employment records with the Illinois Department of

Employment Security. If, in any year, the increase in base

employment within Illinois over the preceding year is less

than 1%, the additional credit shall be limited to that

percentage times a fraction, the numerator of which is

0.5% and the denominator of which is 1%, but shall not

exceed 0.5%.

(8) For taxable years beginning on or after January 1,

2021, there shall be allowed an Enterprise Zone

construction jobs credit against the taxes imposed under

subsections (a) and (b) of this Section as provided in

Section 13 of the Illinois Enterprise Zone Act.

The credit or credits may not reduce the taxpayer's

liability to less than zero. If the amount of the credit or

credits exceeds the taxpayer's liability, the excess may

be carried forward and applied against the taxpayer's

liability in succeeding calendar years in the same manner

provided under paragraph (4) of Section 211 of this Act.

The credit or credits shall be applied to the earliest

year for which there is a tax liability. If there are

credits from more than one taxable year that are available

to offset a liability, the earlier credit shall be applied

first.

For partners, shareholders of Subchapter S

corporations, and owners of limited liability companies,

if the liability company is treated as a partnership for

the purposes of federal and State income taxation, for

taxable years ending before December 31, 2023, there shall

be allowed a credit under this Section to be determined in

accordance with the determination of income and

distributive share of income under Sections 702 and 704

and Subchapter S of the Internal Revenue Code. For taxable

years ending on or after December 31, 2023, for partners

and shareholders of Subchapter S corporations, the

provisions of Section 251 shall apply with respect to the

credit under this subsection.

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.

This paragraph (8) is exempt from the provisions of

Section 250.

(g) (Blank).

(h) Investment credit; High Impact Business.

(1) Subject to subsections (b) and (b-5) of Section

5.5 of the Illinois Enterprise Zone Act, a taxpayer shall

be allowed a credit against the tax imposed by subsections

(a) and (b) of this Section for investment in qualified

property which is placed in service by a Department of

Commerce and Economic Opportunity designated High Impact

Business. The credit shall be .5% of the basis for such

property. The credit shall not be available (i) until the

minimum investments in qualified property set forth in

subdivision (a)(3)(A) of Section 5.5 of the Illinois

Enterprise Zone Act have been satisfied or (ii) until the

time authorized in subsection (b-5) of the Illinois

Enterprise Zone Act for entities designated as High Impact

Businesses under subdivisions (a)(3)(B), (a)(3)(C), and

(a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone

Act, and shall not be allowed to the extent that it would

reduce a taxpayer's liability for the tax imposed by

subsections (a) and (b) of this Section to below zero. The

credit applicable to such investments shall be taken in

the taxable year in which such investments have been

completed. The credit for additional investments beyond

the minimum investment by a designated high impact

business authorized under subdivision (a)(3)(A) of Section

5.5 of the Illinois Enterprise Zone Act shall be available

only in the taxable year in which the property is placed in

service and shall not be allowed to the extent that it

would reduce a taxpayer's liability for the tax imposed by

subsections (a) and (b) of this Section to below zero. For

tax years ending on or after December 31, 1987, the credit

shall be allowed for the tax year in which the property is

placed in service, or, if the amount of the credit exceeds

the tax liability for that year, whether it exceeds the

original liability or the liability as later amended, such

excess may be carried forward and applied to the tax

liability of the 5 taxable years following the excess

credit year. The credit shall be applied to the earliest

year for which there is a liability. If there is credit

from more than one tax year that is available to offset a

liability, the credit accruing first in time shall be

applied first.

Changes made in this subdivision (h)(1) by Public Act

88-670 restore changes made by Public Act 85-1182 and

reflect existing law.

(2) The term qualified property means property which:

(A) is tangible, whether new or used, including

buildings and structural components of buildings;

(B) is depreciable pursuant to Section 167 of the

Internal Revenue Code, except that "3-year property"

as defined in Section 168(c)(2)(A) of that Code is not

eligible for the credit provided by this subsection

(h);

(C) is acquired by purchase as defined in Section

179(d) of the Internal Revenue Code; and

(D) is not eligible for the Enterprise Zone

Investment Credit provided by subsection (f) of this

Section.

(3) The basis of qualified property shall be the basis

used to compute the depreciation deduction for federal

income tax purposes.

(4) If the basis of the property for federal income

tax depreciation purposes is increased after it has been

placed in service in a federally designated Foreign Trade

Zone or Sub-Zone located in Illinois by the taxpayer, the

amount of such increase shall be deemed property placed in

service on the date of such increase in basis.

(5) The term "placed in service" shall have the same

meaning as under Section 46 of the Internal Revenue Code.

(6) If during any taxable year ending on or before

December 31, 1996, any property ceases to be qualified

property in the hands of the taxpayer within 48 months

after being placed in service, or the situs of any

qualified property is moved outside Illinois within 48

months after being placed in service, the tax imposed

under subsections (a) and (b) of this Section for such

taxable year shall be increased. Such increase shall be

determined by (i) recomputing the investment credit which

would have been allowed for the year in which credit for

such property was originally allowed by eliminating such

property from such computation, and (ii) subtracting such

recomputed credit from the amount of credit previously

allowed. For the purposes of this paragraph (6), a

reduction of the basis of qualified property resulting

from a redetermination of the purchase price shall be

deemed a disposition of qualified property to the extent

of such reduction.

(7) Beginning with tax years ending after December 31,

1996, if a taxpayer qualifies for the credit under this

subsection (h) and thereby is granted a tax abatement and

the taxpayer relocates its entire facility in violation of

the explicit terms and length of the contract under

Section 18-183 of the Property Tax Code, the tax imposed

under subsections (a) and (b) of this Section shall be

increased for the taxable year in which the taxpayer

relocated its facility by an amount equal to the amount of

credit received by the taxpayer under this subsection (h).

(h-5) High Impact Business construction jobs credit. For

taxable years beginning on or after January 1, 2021, there

shall also be allowed a High Impact Business construction jobs

credit against the tax imposed under subsections (a) and (b)

of this Section as provided in subsections (i) and (j) of

Section 5.5 of the Illinois Enterprise Zone Act.

The credit or credits may not reduce the taxpayer's

liability to less than zero. If the amount of the credit or

credits exceeds the taxpayer's liability, the excess may be

carried forward and applied against the taxpayer's liability

in succeeding calendar years in the manner provided under

paragraph (4) of Section 211 of this Act. The credit or credits

shall be applied to the earliest year for which there is a tax

liability. If there are credits from more than one taxable

year that are available to offset a liability, the earlier

credit shall be applied first.

For partners, shareholders of Subchapter S corporations,

and owners of limited liability companies, for taxable years

ending before December 31, 2023, if the liability company is

treated as a partnership for the purposes of federal and State

income taxation, there shall be allowed a credit under this

Section to be determined in accordance with the determination

of income and distributive share of income under Sections 702

and 704 and Subchapter S of the Internal Revenue Code. For

taxable years ending on or after December 31, 2023, for

partners and shareholders of Subchapter S corporations, the

provisions of Section 251 shall apply with respect to the

credit under this subsection.

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.

This subsection (h-5) is exempt from the provisions of

Section 250.

(i) Credit for Personal Property Tax Replacement Income

Tax. For tax years ending prior to December 31, 2003, a credit

shall be allowed against the tax imposed by subsections (a)

and (b) of this Section for the tax imposed by subsections (c)

and (d) of this Section. This credit shall be computed by

multiplying the tax imposed by subsections (c) and (d) of this

Section by a fraction, the numerator of which is base income

allocable to Illinois and the denominator of which is Illinois

base income, and further multiplying the product by the tax

rate imposed by subsections (a) and (b) of this Section.

Any credit earned on or after December 31, 1986 under this

subsection which is unused in the year the credit is computed

because it exceeds the tax liability imposed by subsections

(a) and (b) for that year (whether it exceeds the original

liability or the liability as later amended) may be carried

forward and applied to the tax liability imposed by

subsections (a) and (b) of the 5 taxable years following the

excess credit year, provided that no credit may be carried

forward to any year ending on or after December 31, 2003. This

credit shall be applied first to the earliest year for which

there is a liability. If there is a credit under this

subsection from more than one tax year that is available to

offset a liability the earliest credit arising under this

subsection shall be applied first.

If, during any taxable year ending on or after December

31, 1986, the tax imposed by subsections (c) and (d) of this

Section for which a taxpayer has claimed a credit under this

subsection (i) is reduced, the amount of credit for such tax

shall also be reduced. Such reduction shall be determined by

recomputing the credit to take into account the reduced tax

imposed by subsections (c) and (d). If any portion of the

reduced amount of credit has been carried to a different

taxable year, an amended return shall be filed for such

taxable year to reduce the amount of credit claimed.

(j) Training expense credit. Beginning with tax years

ending on or after December 31, 1986 and prior to December 31,

2003, a taxpayer shall be allowed a credit against the tax

imposed by subsections (a) and (b) under this Section for all

amounts paid or accrued, on behalf of all persons employed by

the taxpayer in Illinois or Illinois residents employed

outside of Illinois by a taxpayer, for educational or

vocational training in semi-technical or technical fields or

semi-skilled or skilled fields, which were deducted from gross

income in the computation of taxable income. The credit

against the tax imposed by subsections (a) and (b) shall be

1.6% of such training expenses. For partners, shareholders of

subchapter S corporations, and owners of limited liability

companies, if the liability company is treated as a

partnership for purposes of federal and State income taxation,

for taxable years ending before December 31, 2023, there shall

be allowed a credit under this subsection (j) to be determined

in accordance with the determination of income and

distributive share of income under Sections 702 and 704 and

subchapter S of the Internal Revenue Code. For taxable years

ending on or after December 31, 2023, for partners and

shareholders of Subchapter S corporations, the provisions of

Section 251 shall apply with respect to the credit under this

subsection.

Any credit allowed under this subsection which is unused

in the year the credit is earned may be carried forward to each

of the 5 taxable years following the year for which the credit

is first computed until it is used. This credit shall be

applied first to the earliest year for which there is a

liability. If there is a credit under this subsection from

more than one tax year that is available to offset a liability,

the earliest credit arising under this subsection shall be

applied first. No carryforward credit may be claimed in any

tax year ending on or after December 31, 2003.

(k) Research and development credit. For tax years ending

after July 1, 1990 and prior to December 31, 2003, and

beginning again for tax years ending on or after December 31,

2004, and ending prior to January 1, 2027, a taxpayer shall be

allowed a credit against the tax imposed by subsections (a)

and (b) of this Section for increasing research activities in

this State. The credit allowed against the tax imposed by

subsections (a) and (b) shall be equal to 6 1/2% of the

qualifying expenditures for increasing research activities in

this State. For partners, shareholders of subchapter S

corporations, and owners of limited liability companies, if

the liability company is treated as a partnership for purposes

of federal and State income taxation, for taxable years ending

before December 31, 2023, there shall be allowed a credit

under this subsection to be determined in accordance with the

determination of income and distributive share of income under

Sections 702 and 704 and subchapter S of the Internal Revenue

Code. For taxable years ending on or after December 31, 2023,

for partners and shareholders of Subchapter S corporations,

the provisions of Section 251 shall apply with respect to the

credit under this subsection.

For purposes of this subsection, "qualifying expenditures"

means the qualifying expenditures as defined for the federal

credit for increasing research activities which would be

allowable under Section 41 of the Internal Revenue Code and

which are conducted in this State, "qualifying expenditures

for increasing research activities in this State" means the

excess of qualifying expenditures for the taxable year in

which incurred over qualifying expenditures for the base

period, "qualifying expenditures for the base period" means

the average of the qualifying expenditures for each year in

the base period, and "base period" means the 3 taxable years

immediately preceding the taxable year for which the

determination is being made.

Any credit in excess of the tax liability for the taxable

year may be carried forward. A taxpayer may elect to have the

unused credit shown on its final completed return carried over

as a credit against the tax liability for the following 5

taxable years or until it has been fully used, whichever

occurs first; provided that no credit earned in a tax year

ending prior to December 31, 2003 may be carried forward to any

year ending on or after December 31, 2003.

If an unused credit is carried forward to a given year from

2 or more earlier years, that credit arising in the earliest

year will be applied first against the tax liability for the

given year. If a tax liability for the given year still

remains, the credit from the next earliest year will then be

applied, and so on, until all credits have been used or no tax

liability for the given year remains. Any remaining unused

credit or credits then will be carried forward to the next

following year in which a tax liability is incurred, except

that no credit can be carried forward to a year which is more

than 5 years after the year in which the expense for which the

credit is given was incurred.

No inference shall be drawn from Public Act 91-644 in

construing this Section for taxable years beginning before

January 1, 1999.

It is the intent of the General Assembly that the research

and development credit under this subsection (k) shall apply

continuously for all tax years ending on or after December 31,

2004 and ending prior to January 1, 2027, including, but not

limited to, the period beginning on January 1, 2016 and ending

on July 6, 2017 (the effective date of Public Act 100-22). All

actions taken in reliance on the continuation of the credit

under this subsection (k) by any taxpayer are hereby

validated.

(l) Environmental Remediation Tax Credit.

(i) For tax years ending after December 31, 1997 and

on or before December 31, 2001, a taxpayer shall be

allowed a credit against the tax imposed by subsections

(a) and (b) of this Section for certain amounts paid for

unreimbursed eligible remediation costs, as specified in

this subsection. For purposes of this Section,

"unreimbursed eligible remediation costs" means costs

approved by the Illinois Environmental Protection Agency

("Agency") under Section 58.14 of the Environmental

Protection Act that were paid in performing environmental

remediation at a site for which a No Further Remediation

Letter was issued by the Agency and recorded under Section

58.10 of the Environmental Protection Act. The credit must

be claimed for the taxable year in which Agency approval

of the eligible remediation costs is granted. The credit

is not available to any taxpayer if the taxpayer or any

related party caused or contributed to, in any material

respect, a release of regulated substances on, in, or

under the site that was identified and addressed by the

remedial action pursuant to the Site Remediation Program

of the Environmental Protection Act. After the Pollution

Control Board rules are adopted pursuant to the Illinois

Administrative Procedure Act for the administration and

enforcement of Section 58.9 of the Environmental

Protection Act, determinations as to credit availability

for purposes of this Section shall be made consistent with

those rules. For purposes of this Section, "taxpayer"

includes a person whose tax attributes the taxpayer has

succeeded to under Section 381 of the Internal Revenue

Code and "related party" includes the persons disallowed a

deduction for losses by paragraphs (b), (c), and (f)(1) of

Section 267 of the Internal Revenue Code by virtue of

being a related taxpayer, as well as any of its partners.

The credit allowed against the tax imposed by subsections

(a) and (b) shall be equal to 25% of the unreimbursed

eligible remediation costs in excess of $100,000 per site,

except that the $100,000 threshold shall not apply to any

site contained in an enterprise zone as determined by the

Department of Commerce and Community Affairs (now

Department of Commerce and Economic Opportunity). The

total credit allowed shall not exceed $40,000 per year

with a maximum total of $150,000 per site. For partners

and shareholders of subchapter S corporations, there shall

be allowed a credit under this subsection to be determined

in accordance with the determination of income and

distributive share of income under Sections 702 and 704

and subchapter S of the Internal Revenue Code.

(ii) A credit allowed under this subsection that is

unused in the year the credit is earned may be carried

forward to each of the 5 taxable years following the year

for which the credit is first earned until it is used. The

term "unused credit" does not include any amounts of

unreimbursed eligible remediation costs in excess of the

maximum credit per site authorized under paragraph (i).

This credit shall be applied first to the earliest year

for which there is a liability. If there is a credit under

this subsection from more than one tax year that is

available to offset a liability, the earliest credit

arising under this subsection shall be applied first. A

credit allowed under this subsection may be sold to a

buyer as part of a sale of all or part of the remediation

site for which the credit was granted. The purchaser of a

remediation site and the tax credit shall succeed to the

unused credit and remaining carry-forward period of the

seller. To perfect the transfer, the assignor shall record

the transfer in the chain of title for the site and provide

written notice to the Director of the Illinois Department

of Revenue of the assignor's intent to sell the

remediation site and the amount of the tax credit to be

transferred as a portion of the sale. In no event may a

credit be transferred to any taxpayer if the taxpayer or a

related party would not be eligible under the provisions

of subsection (i).

(iii) For purposes of this Section, the term "site"

shall have the same meaning as under Section 58.2 of the

Environmental Protection Act.

(m) Education expense credit. Beginning with tax years

ending after December 31, 1999, a taxpayer who is the

custodian of one or more qualifying pupils shall be allowed a

credit against the tax imposed by subsections (a) and (b) of

this Section for qualified education expenses incurred on

behalf of the qualifying pupils. The credit shall be equal to

25% of qualified education expenses, but in no event may the

total credit under this subsection claimed by a family that is

the custodian of qualifying pupils exceed (i) $500 for tax

years ending prior to December 31, 2017, and (ii) $750 for tax

years ending on or after December 31, 2017. In no event shall a

credit under this subsection reduce the taxpayer's liability

under this Act to less than zero. Notwithstanding any other

provision of law, for taxable years beginning on or after

January 1, 2017, no taxpayer may claim a credit under this

subsection (m) if the taxpayer's adjusted gross income for the

taxable year exceeds (i) $500,000, in the case of spouses

filing a joint federal tax return or (ii) $250,000, in the case

of all other taxpayers. This subsection is exempt from the

provisions of Section 250 of this Act.

For purposes of this subsection:

"Qualifying pupils" means individuals who (i) are

residents of the State of Illinois, (ii) are under the age of

21 at the close of the school year for which a credit is

sought, and (iii) during the school year for which a credit is

sought were full-time pupils enrolled in a kindergarten

through twelfth grade education program at any school, as

defined in this subsection.

"Qualified education expense" means the amount incurred on

behalf of a qualifying pupil in excess of $250 for tuition,

book fees, and lab fees at the school in which the pupil is

enrolled during the regular school year.

"School" means any public or nonpublic elementary or

secondary school in Illinois that is in compliance with Title

VI of the Civil Rights Act of 1964 and attendance at which

satisfies the requirements of Section 26-1 of the School Code,

except that nothing shall be construed to require a child to

attend any particular public or nonpublic school to qualify

for the credit under this Section.

"Custodian" means, with respect to qualifying pupils, an

Illinois resident who is a parent, the parents, a legal

guardian, or the legal guardians of the qualifying pupils.

(n) River Edge Redevelopment Zone site remediation tax

credit.

(i) For tax years ending on or after December 31,

2006, a taxpayer shall be allowed a credit against the tax

imposed by subsections (a) and (b) of this Section for

certain amounts paid for unreimbursed eligible remediation

costs, as specified in this subsection. For purposes of

this Section, "unreimbursed eligible remediation costs"

means costs approved by the Illinois Environmental

Protection Agency ("Agency") under Section 58.14a of the

Environmental Protection Act that were paid in performing

environmental remediation at a site within a River Edge

Redevelopment Zone for which a No Further Remediation

Letter was issued by the Agency and recorded under Section

58.10 of the Environmental Protection Act. The credit must

be claimed for the taxable year in which Agency approval

of the eligible remediation costs is granted. The credit

is not available to any taxpayer if the taxpayer or any

related party caused or contributed to, in any material

respect, a release of regulated substances on, in, or

under the site that was identified and addressed by the

remedial action pursuant to the Site Remediation Program

of the Environmental Protection Act. Determinations as to

credit availability for purposes of this Section shall be

made consistent with rules adopted by the Pollution

Control Board pursuant to the Illinois Administrative

Procedure Act for the administration and enforcement of

Section 58.9 of the Environmental Protection Act. For

purposes of this Section, "taxpayer" includes a person

whose tax attributes the taxpayer has succeeded to under

Section 381 of the Internal Revenue Code and "related

party" includes the persons disallowed a deduction for

losses by paragraphs (b), (c), and (f)(1) of Section 267

of the Internal Revenue Code by virtue of being a related

taxpayer, as well as any of its partners. The credit

allowed against the tax imposed by subsections (a) and (b)

shall be equal to 25% of the unreimbursed eligible

remediation costs in excess of $100,000 per site.

(ii) A credit allowed under this subsection that is

unused in the year the credit is earned may be carried

forward to each of the 5 taxable years following the year

for which the credit is first earned until it is used. This

credit shall be applied first to the earliest year for

which there is a liability. If there is a credit under this

subsection from more than one tax year that is available

to offset a liability, the earliest credit arising under

this subsection shall be applied first. A credit allowed

under this subsection may be sold to a buyer as part of a

sale of all or part of the remediation site for which the

credit was granted. The purchaser of a remediation site

and the tax credit shall succeed to the unused credit and

remaining carry-forward period of the seller. To perfect

the transfer, the assignor shall record the transfer in

the chain of title for the site and provide written notice

to the Director of the Illinois Department of Revenue of

the assignor's intent to sell the remediation site and the

amount of the tax credit to be transferred as a portion of

the sale. In no event may a credit be transferred to any

taxpayer if the taxpayer or a related party would not be

eligible under the provisions of subsection (i).

(iii) For purposes of this Section, the term "site"

shall have the same meaning as under Section 58.2 of the

Environmental Protection Act.

(o) For each of taxable years during the Compassionate Use

of Medical Cannabis Program, a surcharge is imposed on all

taxpayers on income arising from the sale or exchange of

capital assets, depreciable business property, real property

used in the trade or business, and Section 197 intangibles of

an organization registrant under the Compassionate Use of

Medical Cannabis Program Act. The amount of the surcharge is

equal to the amount of federal income tax liability for the

taxable year attributable to those sales and exchanges. The

surcharge imposed does not apply if:

(1) the medical cannabis cultivation center

registration, medical cannabis dispensary registration, or

the property of a registration is transferred as a result

of any of the following:

(A) bankruptcy, a receivership, or a debt

adjustment initiated by or against the initial

registration or the substantial owners of the initial

registration;

(B) cancellation, revocation, or termination of

any registration by the Illinois Department of Public

Health;

(C) a determination by the Illinois Department of

Public Health that transfer of the registration is in

the best interests of Illinois qualifying patients as

defined by the Compassionate Use of Medical Cannabis

Program Act;

(D) the death of an owner of the equity interest in

a registrant;

(E) the acquisition of a controlling interest in

the stock or substantially all of the assets of a

publicly traded company;

(F) a transfer by a parent company to a wholly

owned subsidiary; or

(G) the transfer or sale to or by one person to

another person where both persons were initial owners

of the registration when the registration was issued;

or

(2) the cannabis cultivation center registration,

medical cannabis dispensary registration, or the

controlling interest in a registrant's property is

transferred in a transaction to lineal descendants in

which no gain or loss is recognized or as a result of a

transaction in accordance with Section 351 of the Internal

Revenue Code in which no gain or loss is recognized.

(p) Pass-through entity tax.

(1) For taxable years ending on or after December 31,

2021 and beginning prior to January 1, 2026, a partnership

(other than a publicly traded partnership under Section

7704 of the Internal Revenue Code) or Subchapter S

corporation may elect to apply the provisions of this

subsection. A separate election shall be made for each

taxable year. Such election shall be made at such time,

and in such form and manner as prescribed by the

Department, and, once made, is irrevocable.

(2) Entity-level tax. A partnership or Subchapter S

corporation electing to apply the provisions of this

subsection shall be subject to a tax for the privilege of

earning or receiving income in this State in an amount

equal to 4.95% of the taxpayer's net income for the

taxable year.

(3) Net income defined.

(A) In general. For purposes of paragraph (2), the

term net income has the same meaning as defined in

Section 202 of this Act, except that, for tax years

ending on or after December 31, 2023, a deduction

shall be allowed in computing base income for

distributions to a retired partner to the extent that

the partner's distributions are exempt from tax under

Section 203(a)(2)(F) of this Act. In addition, the

following modifications shall not apply:

(i) the standard exemption allowed under

Section 204;

(ii) the deduction for net losses allowed

under Section 207;

(iii) in the case of an S corporation, the

modification under Section 203(b)(2)(S); and

(iv) in the case of a partnership, the

modifications under Section 203(d)(2)(H) and

Section 203(d)(2)(I).

(B) Special rule for tiered partnerships. If a

taxpayer making the election under paragraph (1) is a

partner of another taxpayer making the election under

paragraph (1), net income shall be computed as

provided in subparagraph (A), except that the taxpayer

shall subtract its distributive share of the net

income of the electing partnership (including its

distributive share of the net income of the electing

partnership derived as a distributive share from

electing partnerships in which it is a partner).

(4) Credit for entity level tax. Each partner or

shareholder of a taxpayer making the election under this

Section shall be allowed a credit against the tax imposed

under subsections (a) and (b) of Section 201 of this Act

for the taxable year of the partnership or Subchapter S

corporation for which an election is in effect ending

within or with the taxable year of the partner or

shareholder in an amount equal to 4.95% times the partner

or shareholder's distributive share of the net income of

the electing partnership or Subchapter S corporation, but

not to exceed the partner's or shareholder's share of the

tax imposed under paragraph (1) which is actually paid by

the partnership or Subchapter S corporation. If the

taxpayer is a partnership or Subchapter S corporation that

is itself a partner of a partnership making the election

under paragraph (1), the credit under this paragraph shall

be allowed to the taxpayer's partners or shareholders (or

if the partner is a partnership or Subchapter S

corporation then its partners or shareholders) in

accordance with the determination of income and

distributive share of income under Sections 702 and 704

and Subchapter S of the Internal Revenue Code. If the

amount of the credit allowed under this paragraph exceeds

the partner's or shareholder's liability for tax imposed

under subsections (a) and (b) of Section 201 of this Act

for the taxable year, such excess shall be treated as an

overpayment for purposes of Section 909 of this Act.

(5) Nonresidents. A nonresident individual who is a

partner or shareholder of a partnership or Subchapter S

corporation for a taxable year for which an election is in

effect under paragraph (1) shall not be required to file

an income tax return under this Act for such taxable year

if the only source of net income of the individual (or the

individual and the individual's spouse in the case of a

joint return) is from an entity making the election under

paragraph (1) and the credit allowed to the partner or

shareholder under paragraph (4) equals or exceeds the

individual's liability for the tax imposed under

subsections (a) and (b) of Section 201 of this Act for the

taxable year.

(6) Liability for tax. Except as provided in this

paragraph, a partnership or Subchapter S making the

election under paragraph (1) is liable for the

entity-level tax imposed under paragraph (2). If the

electing partnership or corporation fails to pay the full

amount of tax deemed assessed under paragraph (2), the

partners or shareholders shall be liable to pay the tax

assessed (including penalties and interest). Each partner

or shareholder shall be liable for the unpaid assessment

based on the ratio of the partner's or shareholder's share

of the net income of the partnership over the total net

income of the partnership. If the partnership or

Subchapter S corporation fails to pay the tax assessed

(including penalties and interest) and thereafter an

amount of such tax is paid by the partners or

shareholders, such amount shall not be collected from the

partnership or corporation.

(7) Foreign tax. For purposes of the credit allowed

under Section 601(b)(3) of this Act, tax paid by a

partnership or Subchapter S corporation to another state

which, as determined by the Department, is substantially

similar to the tax imposed under this subsection, shall be

considered tax paid by the partner or shareholder to the

extent that the partner's or shareholder's share of the

income of the partnership or Subchapter S corporation

allocated and apportioned to such other state bears to the

total income of the partnership or Subchapter S

corporation allocated or apportioned to such other state.

(8) Suspension of withholding. The provisions of

Section 709.5 of this Act shall not apply to a partnership

or Subchapter S corporation for the taxable year for which

an election under paragraph (1) is in effect.

(9) Requirement to pay estimated tax. For each taxable

year for which an election under paragraph (1) is in

effect, a partnership or Subchapter S corporation is

required to pay estimated tax for such taxable year under

Sections 803 and 804 of this Act if the amount payable as

estimated tax can reasonably be expected to exceed $500.

(10) The provisions of this subsection shall apply

only with respect to taxable years for which the

limitation on individual deductions applies under Section

164(b)(6) of the Internal Revenue Code.

(Source: P.A. 102-558, eff. 8-20-21; 102-658, eff. 8-27-21;

103-9, eff. 6-7-23; 103-396, eff. 1-1-24; revised 12-12-23.)

(35 ILCS 5/203)

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 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;

(HH) For taxable years beginning on or after

January 1, 2018 and prior to January 1, 2028, 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;

(II) For taxable years that begin on or after

January 1, 2021 and begin before January 1, 2026, the

amount that is included in the taxpayer's federal

adjusted gross income pursuant to Section 61 of the

Internal Revenue Code as discharge of indebtedness

attributable to student loan forgiveness and that is

not excluded from the taxpayer's federal adjusted

gross income pursuant to paragraph (5) of subsection

(f) of Section 108 of the Internal Revenue Code; and

(JJ) For taxable years beginning on or after

January 1, 2023, for any cannabis establishment

operating in this State and licensed under the

Cannabis Regulation and Tax Act or any cannabis

cultivation center or medical cannabis dispensing

organization operating in this State and licensed

under the Compassionate Use of Medical Cannabis

Program Act, an amount equal to the deductions that

were disallowed under Section 280E of the Internal

Revenue Code for the taxable year and that would not be

added back under this subsection. The provisions of

this subparagraph (JJ) are exempt from the provisions

of Section 250; and .

(KK) (JJ) To the extent includible in gross income

for federal income tax purposes, any amount awarded or

paid to the taxpayer as a result of a judgment or

settlement for fertility fraud as provided in Section

15 of the Illinois Fertility Fraud Act, donor

fertility fraud as provided in Section 20 of the

Illinois Fertility Fraud Act, or similar action in

another state.

(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 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;

(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; and

(AA) For taxable years beginning on or after

January 1, 2023, for any cannabis establishment

operating in this State and licensed under the

Cannabis Regulation and Tax Act or any cannabis

cultivation center or medical cannabis dispensing

organization operating in this State and licensed

under the Compassionate Use of Medical Cannabis

Program Act, an amount equal to the deductions that

were disallowed under Section 280E of the Internal

Revenue Code for the taxable year and that would not be

added back under this subsection. The provisions of

this subparagraph (AA) are 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 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;

(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; and

(AA) For taxable years beginning on or after

January 1, 2023, for any cannabis establishment

operating in this State and licensed under the

Cannabis Regulation and Tax Act or any cannabis

cultivation center or medical cannabis dispensing

organization operating in this State and licensed

under the Compassionate Use of Medical Cannabis

Program Act, an amount equal to the deductions that

were disallowed under Section 280E of the Internal

Revenue Code for the taxable year and that would not be

added back under this subsection. The provisions of

this subparagraph (AA) are exempt from the provisions

of Section 250.

(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 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;

(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; and

(U) For taxable years beginning on or after

January 1, 2023, for any cannabis establishment

operating in this State and licensed under the

Cannabis Regulation and Tax Act or any cannabis

cultivation center or medical cannabis dispensing

organization operating in this State and licensed

under the Compassionate Use of Medical Cannabis

Program Act, an amount equal to the deductions that

were disallowed under Section 280E of the Internal

Revenue Code for the taxable year and that would not be

added back under this subsection. The provisions of

this subparagraph (U) are 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. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;

102-658, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1112, eff.

12-21-22; 103-8, eff. 6-7-23; 103-478, eff. 1-1-24; revised

9-26-23.)

(35 ILCS 5/228)

Sec. 228. Historic preservation credit. For tax years

beginning on or after January 1, 2019 and ending on or before

December 31, 2028, a taxpayer who qualifies for a credit under

the Historic Preservation Tax Credit Act is entitled to a

credit against the taxes imposed under subsections (a) and (b)

of Section 201 of this Act as provided in that Act. For taxable

years ending before December 31, 2023, if the taxpayer is a

partnership, Subchapter S corporation, or a limited liability

company, the credit shall be allowed to the partners,

shareholders, or members in accordance with the determination

of income and distributive share of income under Sections 702

and 704 and Subchapter S of the Internal Revenue Code provided

that credits granted to a partnership, a limited liability

company taxed as a partnership, or other multiple owners of

property shall be passed through to the partners, members, or

owners respectively on a pro rata basis or pursuant to an

executed agreement among the partners, members, or owners

documenting any alternate distribution method. For taxable

years ending on or after December 31, 2023, if the taxpayer is

a partnership or a Subchapter S corporation, then the

provisions of Section 251 apply. If the amount of any tax

credit awarded under this Section exceeds the qualified

taxpayer's income tax liability for the year in which the

qualified rehabilitation plan was placed in service, the

excess amount may be carried forward as provided in the

Historic Preservation Tax Credit Act.

(Source: P.A. 102-741, eff. 5-6-22; 103-9, eff. 6-7-23;

103-396, eff. 1-1-24; revised 12-12-23.)

(35 ILCS 5/237)

Sec. 237. REV Illinois Investment Tax credits.

(a) For tax years beginning on or after November 16, 2021

(the effective date of Public Act 102-669) this amendatory Act

of the 102nd General Assembly, a taxpayer shall be allowed a

credit against the tax imposed by subsections (a) and (b) of

Section 201 for investment in qualified property which is

placed in service at the site of a REV Illinois Project subject

to an agreement between the taxpayer and the Department of

Commerce and Economic Opportunity pursuant to the Reimagining

Energy and Vehicles in Illinois Act. For taxable years ending

before December 31, 2023, for partners, shareholders of

Subchapter S corporations, and owners of limited liability

companies, if the liability company is treated as a

partnership for purposes of federal and State income taxation,

there shall be allowed a credit under this Section to be

determined in accordance with the determination of income and

distributive share of income under Sections 702 and 704 and

Subchapter S of the Internal Revenue Code. For taxable years

ending on or after December 31, 2023, partners and

shareholders of subchapter S corporations are entitled to a

credit under this Section as provided in Section 251. The

credit shall be 0.5% of the basis for such property. The credit

shall be available only in the taxable year in which the

property is placed in service and shall not be allowed to the

extent that it would reduce a taxpayer's liability for the tax

imposed by subsections (a) and (b) of Section 201 to below

zero. The credit shall be allowed for the tax year in which the

property is placed in service, or, if the amount of the credit

exceeds the tax liability for that year, whether it exceeds

the original liability or the liability as later amended, such

excess may be carried forward and applied to the tax liability

of the 5 taxable years following the excess credit year. The

credit shall be applied to the earliest year for which there is

a liability. If there is credit from more than one tax year

that is available to offset a liability, the credit accruing

first in time shall be applied first.

(b) The term qualified property means property which:

(1) is tangible, whether new or used, including

buildings and structural components of buildings;

(2) is depreciable pursuant to Section 167 of the

Internal Revenue Code, except that "3-year property" as

defined in Section 168(c)(2)(A) of that Code is not

eligible for the credit provided by this Section;

(3) is acquired by purchase as defined in Section

179(d) of the Internal Revenue Code;

(4) is used at the site of the REV Illinois Project by

the taxpayer; and

(5) has not been previously used in Illinois in such a

manner and by such a person as would qualify for the credit

provided by this Section.

(c) The basis of qualified property shall be the basis

used to compute the depreciation deduction for federal income

tax purposes.

(d) If the basis of the property for federal income tax

depreciation purposes is increased after it has been placed in

service at the site of the REV Illinois Project by the

taxpayer, the amount of such increase shall be deemed property

placed in service on the date of such increase in basis.

(e) The term "placed in service" shall have the same

meaning as under Section 46 of the Internal Revenue Code.

(f) If during any taxable year, any property ceases to be

qualified property in the hands of the taxpayer within 48

months after being placed in service, or the situs of any

qualified property is moved from the REV Illinois Project site

within 48 months after being placed in service, the tax

imposed under subsections (a) and (b) of Section 201 for such

taxable year shall be increased. Such increase shall be

determined by (i) recomputing the investment credit which

would have been allowed for the year in which credit for such

property was originally allowed by eliminating such property

from such computation, and (ii) subtracting such recomputed

credit from the amount of credit previously allowed. For the

purposes of this subsection (f), a reduction of the basis of

qualified property resulting from a redetermination of the

purchase price shall be deemed a disposition of qualified

property to the extent of such reduction.

(Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23;

103-396, eff. 1-1-24; revised 12-12-23.)

Section 185. The Manufacturing Illinois Chips for Real

Opportunity (MICRO) Act is amended by changing Sections 110-30

and 110-40 as follows:

(35 ILCS 45/110-30)

Sec. 110-30. Tax credit awards.

(a) Subject to the conditions set forth in this Act, a

taxpayer is entitled to a credit against the tax imposed

pursuant to subsections (a) and (b) of Section 201 of the

Illinois Income Tax Act for a taxable year beginning on or

after January 1, 2025 if the taxpayer is awarded a credit by

the Department in accordance with an agreement under this Act.

The Department has authority to award credits under this Act

on and after January 1, 2023.

(b) A taxpayer may receive a tax credit against the tax

imposed under subsections (a) and (b) of Section 201 of the

Illinois Income Tax Act, not to exceed the sum of (i) 75% of

the incremental income tax attributable to new employees at

the applicant's project and (ii) 10% of the training costs of

the new employees. If the project is located in an underserved

area or an energy transition area, then the amount of the

credit may not exceed the sum of (i) 100% of the incremental

income tax attributable to new employees at the applicant's

project; and (ii) 10% of the training costs of the new

employees. The percentage of training costs includable in the

calculation may be increased by an additional 15% for training

costs associated with new employees that are recent (2 years

or less) graduates, certificate holders, or credential

recipients from an institution of higher education in

Illinois, or, if the training is provided by an institution of

higher education in Illinois, the Clean Jobs Workforce Network

Program, or an apprenticeship and training program located in

Illinois and approved by and registered with the United States

Department of Labor's Bureau of Apprenticeship and Training.

An applicant is also eligible for a training credit that shall

not exceed 10% of the training costs of retained employees for

the purpose of upskilling to meet the operational needs of the

applicant or the project. The percentage of training costs

includable in the calculation shall not exceed a total of 25%.

If an applicant agrees to hire the required number of new

employees, then the maximum amount of the credit for that

applicant may be increased by an amount not to exceed 75% of

the incremental income tax attributable to retained employees

at the applicant's project; provided that, in order to receive

the increase for retained employees, the applicant must, if

applicable, meet or exceed the statewide baseline. If the

Project is in an underserved area or an energy transition

area, the maximum amount of the credit attributable to

retained employees for the applicant may be increased to an

amount not to exceed 100% of the incremental income tax

attributable to retained employees at the applicant's project;

provided that, in order to receive the increase for retained

employees, the applicant must meet or exceed the statewide

baseline. Credits awarded may include credit earned for

incremental income tax withheld and training costs incurred by

the taxpayer beginning on or after January 1, 2023. Credits so

earned and certified by the Department may be applied against

the tax imposed by subsections (a) and (b) of Section 201 of

the Illinois Income Tax Act for taxable years beginning on or

after January 1, 2025.

(c) MICRO Construction Jobs Credit. For construction wages

associated with a project that qualified for a credit under

subsection (b), the taxpayer 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

incremental income tax attributable to construction wages paid

in connection with construction of the project facilities, as

a jobs credit for workers hired to construct the project.

The MICRO Construction Jobs Credit may not exceed 75% of

the amount of the incremental income tax attributable to

construction wages paid in connection with construction of the

project facilities if the project is in an underserved area or

an energy transition area.

(d) The Department shall certify to the Department of

Revenue: (1) the identity of taxpayers that are eligible for

the MICRO Credit and MICRO Construction Jobs Credit; (2) the

amount of the MICRO Credits and MICRO Construction Jobs

Credits awarded in each calendar year; and (3) the amount of

the MICRO Credit and MICRO Construction Jobs Credit claimed in

each calendar year. MICRO Credits awarded may include credit

earned for incremental income tax withheld and training costs

incurred by the taxpayer beginning on or after January 1,

2023. Credits so earned and certified by the Department may be

applied against the tax imposed by Section 201(a) and (b) of

the Illinois Income Tax Act for taxable years beginning on or

after January 1, 2025.

(e) Applicants seeking certification for a tax credits

related to the construction of the project facilities in the

State shall require the contractor to enter into a project

labor agreement that conforms with the Project Labor

Agreements Act.

(f) Any applicant issued a certificate for a tax credit or

tax exemption under this Act must annually report to the

Department the total project tax benefits received. Reports

are due no later than May 31 of each year and shall cover the

previous calendar year. The first report is for the 2023

calendar year and is due no later than May 31, 2023. For

applicants issued a certificate of exemption under Section

110-105 of this Act, the report shall be the same as required

for a High Impact Business under subsection (a-5) of Section

8.1 of the Illinois Enterprise Zone Act. Each person required

to file a return under the Gas Revenue Tax Act, the Electricity

Excise Tax Act, or the Telecommunications Excise Tax Act shall

file a report on customers issued an exemption certificate

under Section 110-95 of this Act in the same manner and form as

they are required to report under subsection (b) of Section

8.1 of the Illinois Enterprise Zone Act.

(g) Nothing in this Act shall prohibit an award of credit

to an applicant that uses a PEO if all other award criteria are

satisfied.

(h) With respect to any portion of a credit that is based

on the incremental income tax attributable to new employees or

retained employees, in lieu of the credit allowed under this

Act against the taxes imposed pursuant to subsections (a) and

(b) of Section 201 of the Illinois Income Tax Act, a taxpayer

that otherwise meets the criteria set forth in this Section,

the taxpayer may elect to claim the credit, on or after January

1, 2025, against its obligation to pay over withholding under

Section 704A of the Illinois Income Tax Act. The election

shall be made in the manner prescribed by the Department of

Revenue and once made shall be irrevocable.

(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23;

revised 4-5-23.)

(35 ILCS 45/110-40)

Sec. 110-40. Amount and duration of the credits;

limitation to amount of costs of specified items. The

Department shall determine the amount and duration of the

credit awarded under this Act, subject to the limitations set

forth in this Act. For a project that qualified under

paragraph (1), (2), or (4) of subsection (c) of Section

110-20, the duration of the credit may not exceed 15 taxable

years, with an option to renew the agreement for no more than

one term not to exceed an additional 15 taxable years. For a

project that qualified under paragraph (3) of subsection (c)

of Section 110-20, the duration of the credit may not exceed 10

taxable years, with an option to renew the agreement for no

more than one term not to exceed an additional 10 taxable

years. The credit may be stated as a percentage of the

incremental income tax and training costs attributable to the

applicant's project and may include a fixed dollar limitation.

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.

(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23;

revised 4-5-23.)

Section 190. The Use Tax Act is amended by changing

Section 3-5 as follows:

(35 ILCS 105/3-5)

Sec. 3-5. Exemptions. Use of the following tangible

personal property is exempt from the tax imposed by this Act:

(1) Personal property purchased from a corporation,

society, association, foundation, institution, or

organization, other than a limited liability company, that is

organized and operated as a not-for-profit service enterprise

for the benefit of persons 65 years of age or older if the

personal property was not purchased by the enterprise for the

purpose of resale by the enterprise.

(2) Personal property purchased by a not-for-profit

Illinois county fair association for use in conducting,

operating, or promoting the county fair.

(3) Personal property purchased by a not-for-profit arts

or cultural organization that establishes, by proof required

by the Department by rule, that it has received an exemption

under Section 501(c)(3) of the Internal Revenue Code and that

is organized and operated primarily for the presentation or

support of arts or cultural programming, activities, or

services. These organizations include, but are not limited to,

music and dramatic arts organizations such as symphony

orchestras and theatrical groups, arts and cultural service

organizations, local arts councils, visual arts organizations,

and media arts organizations. On and after July 1, 2001 (the

effective date of Public Act 92-35), however, an entity

otherwise eligible for this exemption shall not make tax-free

purchases unless it has an active identification number issued

by the Department.

(4) Except as otherwise provided in this Act, personal

property purchased by a governmental body, by a corporation,

society, association, foundation, or institution organized and

operated exclusively for charitable, religious, or educational

purposes, or by a not-for-profit corporation, society,

association, foundation, institution, or organization that has

no compensated officers or employees and that is organized and

operated primarily for the recreation of persons 55 years of

age or older. A limited liability company may qualify for the

exemption under this paragraph only if the limited liability

company is organized and operated exclusively for educational

purposes. On and after July 1, 1987, however, no entity

otherwise eligible for this exemption shall make tax-free

purchases unless it has an active exemption identification

number issued by the Department.

(5) Until July 1, 2003, a passenger car that is a

replacement vehicle to the extent that the purchase price of

the car is subject to the Replacement Vehicle Tax.

(6) Until July 1, 2003 and beginning again on September 1,

2004 through August 30, 2014, graphic arts machinery and

equipment, including repair and replacement parts, both new

and used, and including that manufactured on special order,

certified by the purchaser to be used primarily for graphic

arts production, and including machinery and equipment

purchased for lease. Equipment includes chemicals or chemicals

acting as catalysts but only if the chemicals or chemicals

acting as catalysts effect a direct and immediate change upon

a graphic arts product. Beginning on July 1, 2017, graphic

arts machinery and equipment is included in the manufacturing

and assembling machinery and equipment exemption under

paragraph (18).

(7) Farm chemicals.

(8) Legal tender, currency, medallions, or gold or silver

coinage issued by the State of Illinois, the government of the

United States of America, or the government of any foreign

country, and bullion.

(9) Personal property purchased from a teacher-sponsored

student organization affiliated with an elementary or

secondary school located in Illinois.

(10) A motor vehicle that is used for automobile renting,

as defined in the Automobile Renting Occupation and Use Tax

Act.

(11) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by the

purchaser to be used primarily for production agriculture or

State or federal agricultural programs, including individual

replacement parts for the machinery and equipment, including

machinery and equipment purchased for lease, and including

implements of husbandry defined in Section 1-130 of the

Illinois Vehicle Code, farm machinery and agricultural

chemical and fertilizer spreaders, and nurse wagons required

to be registered under Section 3-809 of the Illinois Vehicle

Code, but excluding other motor vehicles required to be

registered under the Illinois Vehicle Code. Horticultural

polyhouses or hoop houses used for propagating, growing, or

overwintering plants shall be considered farm machinery and

equipment under this item (11). Agricultural chemical tender

tanks and dry boxes shall include units sold separately from a

motor vehicle required to be licensed and units sold mounted

on a motor vehicle required to be licensed if the selling price

of the tender is separately stated.

Farm machinery and equipment shall include precision

farming equipment that is installed or purchased to be

installed on farm machinery and equipment, including, but not

limited to, tractors, harvesters, sprayers, planters, seeders,

or spreaders. Precision farming equipment includes, but is not

limited to, soil testing sensors, computers, monitors,

software, global positioning and mapping systems, and other

such equipment.

Farm machinery and equipment also includes computers,

sensors, software, and related equipment used primarily in the

computer-assisted operation of production agriculture

facilities, equipment, and activities such as, but not limited

to, the collection, monitoring, and correlation of animal and

crop data for the purpose of formulating animal diets and

agricultural chemicals.

Beginning on January 1, 2024, farm machinery and equipment

also includes electrical power generation equipment used

primarily for production agriculture.

This item (11) is exempt from the provisions of Section

3-90.

(12) Until June 30, 2013, fuel and petroleum products sold

to or used by an air common carrier, certified by the carrier

to be used for consumption, shipment, or storage in the

conduct of its business as an air common carrier, for a flight

destined for or returning from a location or locations outside

the United States without regard to previous or subsequent

domestic stopovers.

Beginning July 1, 2013, fuel and petroleum products sold

to or used by an air carrier, certified by the carrier to be

used for consumption, shipment, or storage in the conduct of

its business as an air common carrier, for a flight that (i) is

engaged in foreign trade or is engaged in trade between the

United States and any of its possessions and (ii) transports

at least one individual or package for hire from the city of

origination to the city of final destination on the same

aircraft, without regard to a change in the flight number of

that aircraft.

(13) Proceeds of mandatory service charges separately

stated on customers' bills for the purchase and consumption of

food and beverages purchased at retail from a retailer, to the

extent that the proceeds of the service charge are in fact

turned over as tips or as a substitute for tips to the

employees who participate directly in preparing, serving,

hosting or cleaning up the food or beverage function with

respect to which the service charge is imposed.

(14) Until July 1, 2003, oil field exploration, drilling,

and production equipment, including (i) rigs and parts of

rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

pipe and tubular goods, including casing and drill strings,

(iii) pumps and pump-jack units, (iv) storage tanks and flow

lines, (v) any individual replacement part for oil field

exploration, drilling, and production equipment, and (vi)

machinery and equipment purchased for lease; but excluding

motor vehicles required to be registered under the Illinois

Vehicle Code.

(15) Photoprocessing machinery and equipment, including

repair and replacement parts, both new and used, including

that manufactured on special order, certified by the purchaser

to be used primarily for photoprocessing, and including

photoprocessing machinery and equipment purchased for lease.

(16) Until July 1, 2028, coal and aggregate exploration,

mining, off-highway hauling, processing, maintenance, and

reclamation equipment, including replacement parts and

equipment, and including equipment purchased for lease, but

excluding motor vehicles required to be registered under the

Illinois Vehicle Code. The changes made to this Section by

Public Act 97-767 apply on and after July 1, 2003, but no claim

for credit or refund is allowed on or after August 16, 2013

(the effective date of Public Act 98-456) for such taxes paid

during the period beginning July 1, 2003 and ending on August

16, 2013 (the effective date of Public Act 98-456).

(17) Until July 1, 2003, distillation machinery and

equipment, sold as a unit or kit, assembled or installed by the

retailer, certified by the user to be used only for the

production of ethyl alcohol that will be used for consumption

as motor fuel or as a component of motor fuel for the personal

use of the user, and not subject to sale or resale.

(18) Manufacturing and assembling machinery and equipment

used primarily in the process of manufacturing or assembling

tangible personal property for wholesale or retail sale or

lease, whether that sale or lease is made directly by the

manufacturer or by some other person, whether the materials

used in the process are owned by the manufacturer or some other

person, or whether that sale or lease is made apart from or as

an incident to the seller's engaging in the service occupation

of producing machines, tools, dies, jigs, patterns, gauges, or

other similar items of no commercial value on special order

for a particular purchaser. The exemption provided by this

paragraph (18) includes production related tangible personal

property, as defined in Section 3-50, purchased on or after

July 1, 2019. The exemption provided by this paragraph (18)

does not include machinery and equipment used in (i) the

generation of electricity for wholesale or retail sale; (ii)

the generation or treatment of natural or artificial gas for

wholesale or retail sale that is delivered to customers

through pipes, pipelines, or mains; or (iii) the treatment of

water for wholesale or retail sale that is delivered to

customers through pipes, pipelines, or mains. The provisions

of Public Act 98-583 are declaratory of existing law as to the

meaning and scope of this exemption. Beginning on July 1,

2017, the exemption provided by this paragraph (18) includes,

but is not limited to, graphic arts machinery and equipment,

as defined in paragraph (6) of this Section.

(19) Personal property delivered to a purchaser or

purchaser's donee inside Illinois when the purchase order for

that personal property was received by a florist located

outside Illinois who has a florist located inside Illinois

deliver the personal property.

(20) Semen used for artificial insemination of livestock

for direct agricultural production.

(21) Horses, or interests in horses, registered with and

meeting the requirements of any of the Arabian Horse Club

Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States Trotting Association, or

Jockey Club, as appropriate, used for purposes of breeding or

racing for prizes. This item (21) is exempt from the

provisions of Section 3-90, and the exemption provided for

under this item (21) applies for all periods beginning May 30,

1995, but no claim for credit or refund is allowed on or after

January 1, 2008 for such taxes paid during the period

beginning May 30, 2000 and ending on January 1, 2008.

(22) Computers and communications equipment utilized for

any hospital purpose and equipment used in the diagnosis,

analysis, or treatment of hospital patients purchased by a

lessor who leases the equipment, under a lease of one year or

longer executed or in effect at the time the lessor would

otherwise be subject to the tax imposed by this Act, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. If the equipment is leased

in a manner that does not qualify for this exemption or is used

in any other non-exempt manner, the lessor shall be liable for

the tax imposed under this Act or the Service Use Tax Act, as

the case may be, based on the fair market value of the property

at the time the non-qualifying use occurs. No lessor shall

collect or attempt to collect an amount (however designated)

that purports to reimburse that lessor for the tax imposed by

this Act or the Service Use Tax Act, as the case may be, if the

tax has not been paid by the lessor. If a lessor improperly

collects any such amount from the lessee, the lessee shall

have a legal right to claim a refund of that amount from the

lessor. If, however, that amount is not refunded to the lessee

for any reason, the lessor is liable to pay that amount to the

Department.

(23) Personal property purchased by a lessor who leases

the property, under a lease of one year or longer executed or

in effect at the time the lessor would otherwise be subject to

the tax imposed by this Act, to a governmental body that has

been issued an active sales tax exemption identification

number by the Department under Section 1g of the Retailers'

Occupation Tax Act. If the property is leased in a manner that

does not qualify for this exemption or used in any other

non-exempt manner, the lessor shall be liable for the tax

imposed under this Act or the Service Use Tax Act, as the case

may be, based on the fair market value of the property at the

time the non-qualifying use occurs. No lessor shall collect or

attempt to collect an amount (however designated) that

purports to reimburse that lessor for the tax imposed by this

Act or the Service Use Tax Act, as the case may be, if the tax

has not been paid by the lessor. If a lessor improperly

collects any such amount from the lessee, the lessee shall

have a legal right to claim a refund of that amount from the

lessor. If, however, that amount is not refunded to the lessee

for any reason, the lessor is liable to pay that amount to the

Department.

(24) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is donated

for disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a

manufacturer or retailer that is registered in this State to a

corporation, society, association, foundation, or institution

that has been issued a sales tax exemption identification

number by the Department that assists victims of the disaster

who reside within the declared disaster area.

(25) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is used in

the performance of infrastructure repairs in this State,

including, but not limited to, municipal roads and streets,

access roads, bridges, sidewalks, waste disposal systems,

water and sewer line extensions, water distribution and

purification facilities, storm water drainage and retention

facilities, and sewage treatment facilities, resulting from a

State or federally declared disaster in Illinois or bordering

Illinois when such repairs are initiated on facilities located

in the declared disaster area within 6 months after the

disaster.

(26) Beginning July 1, 1999, game or game birds purchased

at a "game breeding and hunting preserve area" as that term is

used in the Wildlife Code. This paragraph is exempt from the

provisions of Section 3-90.

(27) A motor vehicle, as that term is defined in Section

1-146 of the Illinois Vehicle Code, that is donated to a

corporation, limited liability company, society, association,

foundation, or institution that is determined by the

Department to be organized and operated exclusively for

educational purposes. For purposes of this exemption, "a

corporation, limited liability company, society, association,

foundation, or institution organized and operated exclusively

for educational purposes" means all tax-supported public

schools, private schools that offer systematic instruction in

useful branches of learning by methods common to public

schools and that compare favorably in their scope and

intensity with the course of study presented in tax-supported

schools, and vocational or technical schools or institutes

organized and operated exclusively to provide a course of

study of not less than 6 weeks duration and designed to prepare

individuals to follow a trade or to pursue a manual,

technical, mechanical, industrial, business, or commercial

occupation.

(28) Beginning January 1, 2000, personal property,

including food, purchased through fundraising events for the

benefit of a public or private elementary or secondary school,

a group of those schools, or one or more school districts if

the events are sponsored by an entity recognized by the school

district that consists primarily of volunteers and includes

parents and teachers of the school children. This paragraph

does not apply to fundraising events (i) for the benefit of

private home instruction or (ii) for which the fundraising

entity purchases the personal property sold at the events from

another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that profits

from the sale to the fundraising entity. This paragraph is

exempt from the provisions of Section 3-90.

(29) Beginning January 1, 2000 and through December 31,

2001, new or used automatic vending machines that prepare and

serve hot food and beverages, including coffee, soup, and

other items, and replacement parts for these machines.

Beginning January 1, 2002 and through June 30, 2003, machines

and parts for machines used in commercial, coin-operated

amusement and vending business if a use or occupation tax is

paid on the gross receipts derived from the use of the

commercial, coin-operated amusement and vending machines. This

paragraph is exempt from the provisions of Section 3-90.

(30) Beginning January 1, 2001 and through June 30, 2016,

food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages,

soft drinks, and food that has been prepared for immediate

consumption) and prescription and nonprescription medicines,

drugs, medical appliances, and insulin, urine testing

materials, syringes, and needles used by diabetics, for human

use, when purchased for use by a person receiving medical

assistance under Article V of the Illinois Public Aid Code who

resides in a licensed long-term care facility, as defined in

the Nursing Home Care Act, or in a licensed facility as defined

in the ID/DD Community Care Act, the MC/DD Act, or the

Specialized Mental Health Rehabilitation Act of 2013.

(31) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), computers and communications equipment

utilized for any hospital purpose and equipment used in the

diagnosis, analysis, or treatment of hospital patients

purchased by a lessor who leases the equipment, under a lease

of one year or longer executed or in effect at the time the

lessor would otherwise be subject to the tax imposed by this

Act, to a hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. If the equipment is leased

in a manner that does not qualify for this exemption or is used

in any other nonexempt manner, the lessor shall be liable for

the tax imposed under this Act or the Service Use Tax Act, as

the case may be, based on the fair market value of the property

at the time the nonqualifying use occurs. No lessor shall

collect or attempt to collect an amount (however designated)

that purports to reimburse that lessor for the tax imposed by

this Act or the Service Use Tax Act, as the case may be, if the

tax has not been paid by the lessor. If a lessor improperly

collects any such amount from the lessee, the lessee shall

have a legal right to claim a refund of that amount from the

lessor. If, however, that amount is not refunded to the lessee

for any reason, the lessor is liable to pay that amount to the

Department. This paragraph is exempt from the provisions of

Section 3-90.

(32) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), personal property purchased by a lessor

who leases the property, under a lease of one year or longer

executed or in effect at the time the lessor would otherwise be

subject to the tax imposed by this Act, to a governmental body

that has been issued an active sales tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. If the property is leased

in a manner that does not qualify for this exemption or used in

any other nonexempt manner, the lessor shall be liable for the

tax imposed under this Act or the Service Use Tax Act, as the

case may be, based on the fair market value of the property at

the time the nonqualifying use occurs. No lessor shall collect

or attempt to collect an amount (however designated) that

purports to reimburse that lessor for the tax imposed by this

Act or the Service Use Tax Act, as the case may be, if the tax

has not been paid by the lessor. If a lessor improperly

collects any such amount from the lessee, the lessee shall

have a legal right to claim a refund of that amount from the

lessor. If, however, that amount is not refunded to the lessee

for any reason, the lessor is liable to pay that amount to the

Department. This paragraph is exempt from the provisions of

Section 3-90.

(33) On and after July 1, 2003 and through June 30, 2004,

the use in this State of motor vehicles of the second division

with a gross vehicle weight in excess of 8,000 pounds and that

are subject to the commercial distribution fee imposed under

Section 3-815.1 of the Illinois Vehicle Code. Beginning on

July 1, 2004 and through June 30, 2005, the use in this State

of motor vehicles of the second division: (i) with a gross

vehicle weight rating in excess of 8,000 pounds; (ii) that are

subject to the commercial distribution fee imposed under

Section 3-815.1 of the Illinois Vehicle Code; and (iii) that

are primarily used for commercial purposes. Through June 30,

2005, this exemption applies to repair and replacement parts

added after the initial purchase of such a motor vehicle if

that motor vehicle is used in a manner that would qualify for

the rolling stock exemption otherwise provided for in this

Act. For purposes of this paragraph, the term "used for

commercial purposes" means the transportation of persons or

property in furtherance of any commercial or industrial

enterprise, whether for-hire or not.

(34) Beginning January 1, 2008, tangible personal property

used in the construction or maintenance of a community water

supply, as defined under Section 3.145 of the Environmental

Protection Act, that is operated by a not-for-profit

corporation that holds a valid water supply permit issued

under Title IV of the Environmental Protection Act. This

paragraph is exempt from the provisions of Section 3-90.

(35) Beginning January 1, 2010 and continuing through

December 31, 2029, 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. However, until January 1, 2024, this

exemption 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.

Beginning January 1, 2010 and continuing through December

31, 2023, this exemption applies only to the use of qualifying

tangible personal property by persons who modify, refurbish,

complete, repair, replace, or maintain aircraft and who (i)

hold an Air Agency Certificate and are empowered to operate an

approved repair station by the Federal Aviation

Administration, (ii) have a Class IV Rating, and (iii) conduct

operations in accordance with Part 145 of the Federal Aviation

Regulations. From January 1, 2024 through December 31, 2029,

this exemption applies only to the use of qualifying tangible

personal property by: (A) persons who modify, refurbish,

complete, repair, replace, or maintain aircraft and who (i)

hold an Air Agency Certificate and are empowered to operate an

approved repair station by the Federal Aviation

Administration, (ii) have a Class IV Rating, and (iii) conduct

operations in accordance with Part 145 of the Federal Aviation

Regulations; and (B) persons who engage in the modification,

replacement, repair, and maintenance of aircraft engines or

power plants without regard to whether or not those persons

meet the qualifications of item (A).

The exemption does not include aircraft operated by a

commercial air carrier providing scheduled passenger air

service pursuant to authority issued under Part 121 or Part

129 of the Federal Aviation Regulations. The changes made to

this paragraph (35) by Public Act 98-534 are declarative of

existing law. It is the intent of the General Assembly that the

exemption under this paragraph (35) applies continuously from

January 1, 2010 through December 31, 2024; however, no claim

for credit or refund is allowed for taxes paid as a result of

the disallowance of this exemption on or after January 1, 2015

and prior to February 5, 2020 (the effective date of Public Act

101-629).

(36) Tangible personal property purchased by a

public-facilities corporation, as described in Section

11-65-10 of the Illinois Municipal Code, for purposes of

constructing or furnishing a municipal convention hall, but

only if the legal title to the municipal convention hall is

transferred to the municipality without any further

consideration by or on behalf of the municipality at the time

of the completion of the municipal convention hall or upon the

retirement or redemption of any bonds or other debt

instruments issued by the public-facilities corporation in

connection with the development of the municipal convention

hall. This exemption includes existing public-facilities

corporations as provided in Section 11-65-25 of the Illinois

Municipal Code. This paragraph is exempt from the provisions

of Section 3-90.

(37) Beginning January 1, 2017 and through December 31,

2026, menstrual pads, tampons, and menstrual cups.

(38) Merchandise that is subject to the Rental Purchase

Agreement Occupation and Use Tax. The purchaser must certify

that the item is purchased to be rented subject to a

rental-purchase rental purchase agreement, as defined in the

Rental-Purchase Rental Purchase Agreement Act, and provide

proof of registration under the Rental Purchase Agreement

Occupation and Use Tax Act. This paragraph is exempt from the

provisions of Section 3-90.

(39) Tangible personal property purchased by a purchaser

who is exempt from the tax imposed by this Act by operation of

federal law. This paragraph is exempt from the provisions of

Section 3-90.

(40) Qualified tangible personal property used in the

construction or operation of a data center that has been

granted a certificate of exemption by the Department of

Commerce and Economic Opportunity, whether that tangible

personal property is purchased by the owner, operator, or

tenant of the data center or by a contractor or subcontractor

of the owner, operator, or tenant. Data centers that would

have qualified for a certificate of exemption prior to January

1, 2020 had Public Act 101-31 been in effect may apply for and

obtain an exemption for subsequent purchases of computer

equipment or enabling software purchased or leased to upgrade,

supplement, or replace computer equipment or enabling software

purchased or leased in the original investment that would have

qualified.

The Department of Commerce and Economic Opportunity shall

grant a certificate of exemption under this item (40) to

qualified data centers as defined by Section 605-1025 of the

Department of Commerce and Economic Opportunity Law of the

Civil Administrative Code of Illinois.

For the purposes of this item (40):

"Data center" means a building or a series of

buildings rehabilitated or constructed to house working

servers in one physical location or multiple sites within

the State of Illinois.

"Qualified tangible personal property" means:

electrical systems and equipment; climate control and

chilling equipment and systems; mechanical systems and

equipment; monitoring and secure systems; emergency

generators; hardware; computers; servers; data storage

devices; network connectivity equipment; racks; cabinets;

telecommunications cabling infrastructure; raised floor

systems; peripheral components or systems; software;

mechanical, electrical, or plumbing systems; battery

systems; cooling systems and towers; temperature control

systems; other cabling; and other data center

infrastructure equipment and systems necessary to operate

qualified tangible personal property, including fixtures;

and component parts of any of the foregoing, including

installation, maintenance, repair, refurbishment, and

replacement of qualified tangible personal property to

generate, transform, transmit, distribute, or manage

electricity necessary to operate qualified tangible

personal property; and all other tangible personal

property that is essential to the operations of a computer

data center. The term "qualified tangible personal

property" also includes building materials physically

incorporated 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 (40) is exempt from the provisions of Section

3-90.

(41) Beginning July 1, 2022, breast pumps, breast pump

collection and storage supplies, and breast pump kits. This

item (41) is exempt from the provisions of Section 3-90. As

used in this item (41):

"Breast pump" means an electrically controlled or

manually controlled pump device designed or marketed to be

used to express milk from a human breast during lactation,

including the pump device and any battery, AC adapter, or

other power supply unit that is used to power the pump

device and is packaged and sold with the pump device at the

time of sale.

"Breast pump collection and storage supplies" means

items of tangible personal property designed or marketed

to be used in conjunction with a breast pump to collect

milk expressed from a human breast and to store collected

milk until it is ready for consumption.

"Breast pump collection and storage supplies"

includes, but is not limited to: breast shields and breast

shield connectors; breast pump tubes and tubing adapters;

breast pump valves and membranes; backflow protectors and

backflow protector adaptors; bottles and bottle caps

specific to the operation of the breast pump; and breast

milk storage bags.

"Breast pump collection and storage supplies" does not

include: (1) bottles and bottle caps not specific to the

operation of the breast pump; (2) breast pump travel bags

and other similar carrying accessories, including ice

packs, labels, and other similar products; (3) breast pump

cleaning supplies; (4) nursing bras, bra pads, breast

shells, and other similar products; and (5) creams,

ointments, and other similar products that relieve

breastfeeding-related symptoms or conditions of the

breasts or nipples, unless sold as part of a breast pump

kit that is pre-packaged by the breast pump manufacturer

or distributor.

"Breast pump kit" means a kit that: (1) contains no

more than a breast pump, breast pump collection and

storage supplies, a rechargeable battery for operating the

breast pump, a breastmilk cooler, bottle stands, ice

packs, and a breast pump carrying case; and (2) is

pre-packaged as a breast pump kit by the breast pump

manufacturer or distributor.

(42) Tangible personal property sold by or on behalf of

the State Treasurer pursuant to the Revised Uniform Unclaimed

Property Act. This item (42) is exempt from the provisions of

Section 3-90.

(43) Beginning on January 1, 2024, tangible personal

property purchased by an active duty member of the armed

forces of the United States who presents valid military

identification and purchases the property using a form of

payment where the federal government is the payor. The member

of the armed forces must complete, at the point of sale, a form

prescribed by the Department of Revenue documenting that the

transaction is eligible for the exemption under this

paragraph. Retailers must keep the form as documentation of

the exemption in their records for a period of not less than 6

years. "Armed forces of the United States" means the United

States Army, Navy, Air Force, Marine Corps, or Coast Guard.

This paragraph is exempt from the provisions of Section 3-90.

(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,

Section 70-5, eff. 4-19-22; 102-700, Article 75, Section 75-5,

eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,

Section 5-5, eff. 6-7-23; 103-9, Article 15, Section 15-5,

eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;

revised 12-12-23.)

Section 195. The Service Use Tax Act is amended by

changing Section 3-5 as follows:

(35 ILCS 110/3-5)

Sec. 3-5. Exemptions. Use of the following tangible

personal property is exempt from the tax imposed by this Act:

(1) Personal property purchased from a corporation,

society, association, foundation, institution, or

organization, other than a limited liability company, that is

organized and operated as a not-for-profit service enterprise

for the benefit of persons 65 years of age or older if the

personal property was not purchased by the enterprise for the

purpose of resale by the enterprise.

(2) Personal property purchased by a non-profit Illinois

county fair association for use in conducting, operating, or

promoting the county fair.

(3) Personal property purchased by a not-for-profit arts

or cultural organization that establishes, by proof required

by the Department by rule, that it has received an exemption

under Section 501(c)(3) of the Internal Revenue Code and that

is organized and operated primarily for the presentation or

support of arts or cultural programming, activities, or

services. These organizations include, but are not limited to,

music and dramatic arts organizations such as symphony

orchestras and theatrical groups, arts and cultural service

organizations, local arts councils, visual arts organizations,

and media arts organizations. On and after July 1, 2001 (the

effective date of Public Act 92-35), however, an entity

otherwise eligible for this exemption shall not make tax-free

purchases unless it has an active identification number issued

by the Department.

(4) Legal tender, currency, medallions, or gold or silver

coinage issued by the State of Illinois, the government of the

United States of America, or the government of any foreign

country, and bullion.

(5) Until July 1, 2003 and beginning again on September 1,

2004 through August 30, 2014, graphic arts machinery and

equipment, including repair and replacement parts, both new

and used, and including that manufactured on special order or

purchased for lease, certified by the purchaser to be used

primarily for graphic arts production. Equipment includes

chemicals or chemicals acting as catalysts but only if the

chemicals or chemicals acting as catalysts effect a direct and

immediate change upon a graphic arts product. Beginning on

July 1, 2017, graphic arts machinery and equipment is included

in the manufacturing and assembling machinery and equipment

exemption under Section 2 of this Act.

(6) Personal property purchased from a teacher-sponsored

student organization affiliated with an elementary or

secondary school located in Illinois.

(7) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by the

purchaser to be used primarily for production agriculture or

State or federal agricultural programs, including individual

replacement parts for the machinery and equipment, including

machinery and equipment purchased for lease, and including

implements of husbandry defined in Section 1-130 of the

Illinois Vehicle Code, farm machinery and agricultural

chemical and fertilizer spreaders, and nurse wagons required

to be registered under Section 3-809 of the Illinois Vehicle

Code, but excluding other motor vehicles required to be

registered under the Illinois Vehicle Code. Horticultural

polyhouses or hoop houses used for propagating, growing, or

overwintering plants shall be considered farm machinery and

equipment under this item (7). Agricultural chemical tender

tanks and dry boxes shall include units sold separately from a

motor vehicle required to be licensed and units sold mounted

on a motor vehicle required to be licensed if the selling price

of the tender is separately stated.

Farm machinery and equipment shall include precision

farming equipment that is installed or purchased to be

installed on farm machinery and equipment, including, but not

limited to, tractors, harvesters, sprayers, planters, seeders,

or spreaders. Precision farming equipment includes, but is not

limited to, soil testing sensors, computers, monitors,

software, global positioning and mapping systems, and other

such equipment.

Farm machinery and equipment also includes computers,

sensors, software, and related equipment used primarily in the

computer-assisted operation of production agriculture

facilities, equipment, and activities such as, but not limited

to, the collection, monitoring, and correlation of animal and

crop data for the purpose of formulating animal diets and

agricultural chemicals.

Beginning on January 1, 2024, farm machinery and equipment

also includes electrical power generation equipment used

primarily for production agriculture.

This item (7) is exempt from the provisions of Section

3-75.

(8) Until June 30, 2013, fuel and petroleum products sold

to or used by an air common carrier, certified by the carrier

to be used for consumption, shipment, or storage in the

conduct of its business as an air common carrier, for a flight

destined for or returning from a location or locations outside

the United States without regard to previous or subsequent

domestic stopovers.

Beginning July 1, 2013, fuel and petroleum products sold

to or used by an air carrier, certified by the carrier to be

used for consumption, shipment, or storage in the conduct of

its business as an air common carrier, for a flight that (i) is

engaged in foreign trade or is engaged in trade between the

United States and any of its possessions and (ii) transports

at least one individual or package for hire from the city of

origination to the city of final destination on the same

aircraft, without regard to a change in the flight number of

that aircraft.

(9) Proceeds of mandatory service charges separately

stated on customers' bills for the purchase and consumption of

food and beverages acquired as an incident to the purchase of a

service from a serviceman, to the extent that the proceeds of

the service charge are in fact turned over as tips or as a

substitute for tips to the employees who participate directly

in preparing, serving, hosting or cleaning up the food or

beverage function with respect to which the service charge is

imposed.

(10) Until July 1, 2003, oil field exploration, drilling,

and production equipment, including (i) rigs and parts of

rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

pipe and tubular goods, including casing and drill strings,

(iii) pumps and pump-jack units, (iv) storage tanks and flow

lines, (v) any individual replacement part for oil field

exploration, drilling, and production equipment, and (vi)

machinery and equipment purchased for lease; but excluding

motor vehicles required to be registered under the Illinois

Vehicle Code.

(11) Proceeds from the sale of photoprocessing machinery

and equipment, including repair and replacement parts, both

new and used, including that manufactured on special order,

certified by the purchaser to be used primarily for

photoprocessing, and including photoprocessing machinery and

equipment purchased for lease.

(12) Until July 1, 2028, coal and aggregate exploration,

mining, off-highway hauling, processing, maintenance, and

reclamation equipment, including replacement parts and

equipment, and including equipment purchased for lease, but

excluding motor vehicles required to be registered under the

Illinois Vehicle Code. The changes made to this Section by

Public Act 97-767 apply on and after July 1, 2003, but no claim

for credit or refund is allowed on or after August 16, 2013

(the effective date of Public Act 98-456) for such taxes paid

during the period beginning July 1, 2003 and ending on August

16, 2013 (the effective date of Public Act 98-456).

(13) Semen used for artificial insemination of livestock

for direct agricultural production.

(14) Horses, or interests in horses, registered with and

meeting the requirements of any of the Arabian Horse Club

Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States Trotting Association, or

Jockey Club, as appropriate, used for purposes of breeding or

racing for prizes. This item (14) is exempt from the

provisions of Section 3-75, and the exemption provided for

under this item (14) applies for all periods beginning May 30,

1995, but no claim for credit or refund is allowed on or after

January 1, 2008 (the effective date of Public Act 95-88) for

such taxes paid during the period beginning May 30, 2000 and

ending on January 1, 2008 (the effective date of Public Act

95-88).

(15) Computers and communications equipment utilized for

any hospital purpose and equipment used in the diagnosis,

analysis, or treatment of hospital patients purchased by a

lessor who leases the equipment, under a lease of one year or

longer executed or in effect at the time the lessor would

otherwise be subject to the tax imposed by this Act, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. If the equipment is leased

in a manner that does not qualify for this exemption or is used

in any other non-exempt manner, the lessor shall be liable for

the tax imposed under this Act or the Use Tax Act, as the case

may be, based on the fair market value of the property at the

time the non-qualifying use occurs. No lessor shall collect or

attempt to collect an amount (however designated) that

purports to reimburse that lessor for the tax imposed by this

Act or the Use Tax Act, as the case may be, if the tax has not

been paid by the lessor. If a lessor improperly collects any

such amount from the lessee, the lessee shall have a legal

right to claim a refund of that amount from the lessor. If,

however, that amount is not refunded to the lessee for any

reason, the lessor is liable to pay that amount to the

Department.

(16) Personal property purchased by a lessor who leases

the property, under a lease of one year or longer executed or

in effect at the time the lessor would otherwise be subject to

the tax imposed by this Act, to a governmental body that has

been issued an active tax exemption identification number by

the Department under Section 1g of the Retailers' Occupation

Tax Act. If the property is leased in a manner that does not

qualify for this exemption or is used in any other non-exempt

manner, the lessor shall be liable for the tax imposed under

this Act or the Use Tax Act, as the case may be, based on the

fair market value of the property at the time the

non-qualifying use occurs. No lessor shall collect or attempt

to collect an amount (however designated) that purports to

reimburse that lessor for the tax imposed by this Act or the

Use Tax Act, as the case may be, if the tax has not been paid

by the lessor. If a lessor improperly collects any such amount

from the lessee, the lessee shall have a legal right to claim a

refund of that amount from the lessor. If, however, that

amount is not refunded to the lessee for any reason, the lessor

is liable to pay that amount to the Department.

(17) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is donated

for disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a

manufacturer or retailer that is registered in this State to a

corporation, society, association, foundation, or institution

that has been issued a sales tax exemption identification

number by the Department that assists victims of the disaster

who reside within the declared disaster area.

(18) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is used in

the performance of infrastructure repairs in this State,

including, but not limited to, municipal roads and streets,

access roads, bridges, sidewalks, waste disposal systems,

water and sewer line extensions, water distribution and

purification facilities, storm water drainage and retention

facilities, and sewage treatment facilities, resulting from a

State or federally declared disaster in Illinois or bordering

Illinois when such repairs are initiated on facilities located

in the declared disaster area within 6 months after the

disaster.

(19) Beginning July 1, 1999, game or game birds purchased

at a "game breeding and hunting preserve area" as that term is

used in the Wildlife Code. This paragraph is exempt from the

provisions of Section 3-75.

(20) A motor vehicle, as that term is defined in Section

1-146 of the Illinois Vehicle Code, that is donated to a

corporation, limited liability company, society, association,

foundation, or institution that is determined by the

Department to be organized and operated exclusively for

educational purposes. For purposes of this exemption, "a

corporation, limited liability company, society, association,

foundation, or institution organized and operated exclusively

for educational purposes" means all tax-supported public

schools, private schools that offer systematic instruction in

useful branches of learning by methods common to public

schools and that compare favorably in their scope and

intensity with the course of study presented in tax-supported

schools, and vocational or technical schools or institutes

organized and operated exclusively to provide a course of

study of not less than 6 weeks duration and designed to prepare

individuals to follow a trade or to pursue a manual,

technical, mechanical, industrial, business, or commercial

occupation.

(21) Beginning January 1, 2000, personal property,

including food, purchased through fundraising events for the

benefit of a public or private elementary or secondary school,

a group of those schools, or one or more school districts if

the events are sponsored by an entity recognized by the school

district that consists primarily of volunteers and includes

parents and teachers of the school children. This paragraph

does not apply to fundraising events (i) for the benefit of

private home instruction or (ii) for which the fundraising

entity purchases the personal property sold at the events from

another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that profits

from the sale to the fundraising entity. This paragraph is

exempt from the provisions of Section 3-75.

(22) Beginning January 1, 2000 and through December 31,

2001, new or used automatic vending machines that prepare and

serve hot food and beverages, including coffee, soup, and

other items, and replacement parts for these machines.

Beginning January 1, 2002 and through June 30, 2003, machines

and parts for machines used in commercial, coin-operated

amusement and vending business if a use or occupation tax is

paid on the gross receipts derived from the use of the

commercial, coin-operated amusement and vending machines. This

paragraph is exempt from the provisions of Section 3-75.

(23) Beginning August 23, 2001 and through June 30, 2016,

food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages,

soft drinks, and food that has been prepared for immediate

consumption) and prescription and nonprescription medicines,

drugs, medical appliances, and insulin, urine testing

materials, syringes, and needles used by diabetics, for human

use, when purchased for use by a person receiving medical

assistance under Article V of the Illinois Public Aid Code who

resides in a licensed long-term care facility, as defined in

the Nursing Home Care Act, or in a licensed facility as defined

in the ID/DD Community Care Act, the MC/DD Act, or the

Specialized Mental Health Rehabilitation Act of 2013.

(24) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), computers and communications equipment

utilized for any hospital purpose and equipment used in the

diagnosis, analysis, or treatment of hospital patients

purchased by a lessor who leases the equipment, under a lease

of one year or longer executed or in effect at the time the

lessor would otherwise be subject to the tax imposed by this

Act, to a hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. If the equipment is leased

in a manner that does not qualify for this exemption or is used

in any other nonexempt manner, the lessor shall be liable for

the tax imposed under this Act or the Use Tax Act, as the case

may be, based on the fair market value of the property at the

time the nonqualifying use occurs. No lessor shall collect or

attempt to collect an amount (however designated) that

purports to reimburse that lessor for the tax imposed by this

Act or the Use Tax Act, as the case may be, if the tax has not

been paid by the lessor. If a lessor improperly collects any

such amount from the lessee, the lessee shall have a legal

right to claim a refund of that amount from the lessor. If,

however, that amount is not refunded to the lessee for any

reason, the lessor is liable to pay that amount to the

Department. This paragraph is exempt from the provisions of

Section 3-75.

(25) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), personal property purchased by a lessor

who leases the property, under a lease of one year or longer

executed or in effect at the time the lessor would otherwise be

subject to the tax imposed by this Act, to a governmental body

that has been issued an active tax exemption identification

number by the Department under Section 1g of the Retailers'

Occupation Tax Act. If the property is leased in a manner that

does not qualify for this exemption or is used in any other

nonexempt manner, the lessor shall be liable for the tax

imposed under this Act or the Use Tax Act, as the case may be,

based on the fair market value of the property at the time the

nonqualifying use occurs. No lessor shall collect or attempt

to collect an amount (however designated) that purports to

reimburse that lessor for the tax imposed by this Act or the

Use Tax Act, as the case may be, if the tax has not been paid

by the lessor. If a lessor improperly collects any such amount

from the lessee, the lessee shall have a legal right to claim a

refund of that amount from the lessor. If, however, that

amount is not refunded to the lessee for any reason, the lessor

is liable to pay that amount to the Department. This paragraph

is exempt from the provisions of Section 3-75.

(26) Beginning January 1, 2008, tangible personal property

used in the construction or maintenance of a community water

supply, as defined under Section 3.145 of the Environmental

Protection Act, that is operated by a not-for-profit

corporation that holds a valid water supply permit issued

under Title IV of the Environmental Protection Act. This

paragraph is exempt from the provisions of Section 3-75.

(27) Beginning January 1, 2010 and continuing through

December 31, 2029, 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. However, until January 1, 2024, this

exemption 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.

Beginning January 1, 2010 and continuing through December

31, 2023, this exemption applies only to the use of qualifying

tangible personal property transferred incident to the

modification, refurbishment, completion, replacement, repair,

or maintenance of aircraft by persons who (i) hold an Air

Agency Certificate and are empowered to operate an approved

repair station by the Federal Aviation Administration, (ii)

have a Class IV Rating, and (iii) conduct operations in

accordance with Part 145 of the Federal Aviation Regulations.

From January 1, 2024 through December 31, 2029, this exemption

applies only to the use of qualifying tangible personal

property by: (A) persons who modify, refurbish, complete,

repair, replace, or maintain aircraft and who (i) hold an Air

Agency Certificate and are empowered to operate an approved

repair station by the Federal Aviation Administration, (ii)

have a Class IV Rating, and (iii) conduct operations in

accordance with Part 145 of the Federal Aviation Regulations;

and (B) persons who engage in the modification, replacement,

repair, and maintenance of aircraft engines or power plants

without regard to whether or not those persons meet the

qualifications of item (A).

The exemption does not include aircraft operated by a

commercial air carrier providing scheduled passenger air

service pursuant to authority issued under Part 121 or Part

129 of the Federal Aviation Regulations. The changes made to

this paragraph (27) by Public Act 98-534 are declarative of

existing law. It is the intent of the General Assembly that the

exemption under this paragraph (27) applies continuously from

January 1, 2010 through December 31, 2024; however, no claim

for credit or refund is allowed for taxes paid as a result of

the disallowance of this exemption on or after January 1, 2015

and prior to February 5, 2020 (the effective date of Public Act

101-629).

(28) Tangible personal property purchased by a

public-facilities corporation, as described in Section

11-65-10 of the Illinois Municipal Code, for purposes of

constructing or furnishing a municipal convention hall, but

only if the legal title to the municipal convention hall is

transferred to the municipality without any further

consideration by or on behalf of the municipality at the time

of the completion of the municipal convention hall or upon the

retirement or redemption of any bonds or other debt

instruments issued by the public-facilities corporation in

connection with the development of the municipal convention

hall. This exemption includes existing public-facilities

corporations as provided in Section 11-65-25 of the Illinois

Municipal Code. This paragraph is exempt from the provisions

of Section 3-75.

(29) Beginning January 1, 2017 and through December 31,

2026, menstrual pads, tampons, and menstrual cups.

(30) Tangible personal property transferred to a purchaser

who is exempt from the tax imposed by this Act by operation of

federal law. This paragraph is exempt from the provisions of

Section 3-75.

(31) Qualified tangible personal property used in the

construction or operation of a data center that has been

granted a certificate of exemption by the Department of

Commerce and Economic Opportunity, whether that tangible

personal property is purchased by the owner, operator, or

tenant of the data center or by a contractor or subcontractor

of the owner, operator, or tenant. Data centers that would

have qualified for a certificate of exemption prior to January

1, 2020 had Public Act 101-31 been in effect, may apply for and

obtain an exemption for subsequent purchases of computer

equipment or enabling software purchased or leased to upgrade,

supplement, or replace computer equipment or enabling software

purchased or leased in the original investment that would have

qualified.

The Department of Commerce and Economic Opportunity shall

grant a certificate of exemption under this item (31) to

qualified data centers as defined by Section 605-1025 of the

Department of Commerce and Economic Opportunity Law of the

Civil Administrative Code of Illinois.

For the purposes of this item (31):

"Data center" means a building or a series of

buildings rehabilitated or constructed to house working

servers in one physical location or multiple sites within

the State of Illinois.

"Qualified tangible personal property" means:

electrical systems and equipment; climate control and

chilling equipment and systems; mechanical systems and

equipment; monitoring and secure systems; emergency

generators; hardware; computers; servers; data storage

devices; network connectivity equipment; racks; cabinets;

telecommunications cabling infrastructure; raised floor

systems; peripheral components or systems; software;

mechanical, electrical, or plumbing systems; battery

systems; cooling systems and towers; temperature control

systems; other cabling; and other data center

infrastructure equipment and systems necessary to operate

qualified tangible personal property, including fixtures;

and component parts of any of the foregoing, including

installation, maintenance, repair, refurbishment, and

replacement of qualified tangible personal property to

generate, transform, transmit, distribute, or manage

electricity necessary to operate qualified tangible

personal property; and all other tangible personal

property that is essential to the operations of a computer

data center. The term "qualified tangible personal

property" also includes building materials physically

incorporated 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 (31) is exempt from the provisions of Section

3-75.

(32) Beginning July 1, 2022, breast pumps, breast pump

collection and storage supplies, and breast pump kits. This

item (32) is exempt from the provisions of Section 3-75. As

used in this item (32):

"Breast pump" means an electrically controlled or

manually controlled pump device designed or marketed to be

used to express milk from a human breast during lactation,

including the pump device and any battery, AC adapter, or

other power supply unit that is used to power the pump

device and is packaged and sold with the pump device at the

time of sale.

"Breast pump collection and storage supplies" means

items of tangible personal property designed or marketed

to be used in conjunction with a breast pump to collect

milk expressed from a human breast and to store collected

milk until it is ready for consumption.

"Breast pump collection and storage supplies"

includes, but is not limited to: breast shields and breast

shield connectors; breast pump tubes and tubing adapters;

breast pump valves and membranes; backflow protectors and

backflow protector adaptors; bottles and bottle caps

specific to the operation of the breast pump; and breast

milk storage bags.

"Breast pump collection and storage supplies" does not

include: (1) bottles and bottle caps not specific to the

operation of the breast pump; (2) breast pump travel bags

and other similar carrying accessories, including ice

packs, labels, and other similar products; (3) breast pump

cleaning supplies; (4) nursing bras, bra pads, breast

shells, and other similar products; and (5) creams,

ointments, and other similar products that relieve

breastfeeding-related symptoms or conditions of the

breasts or nipples, unless sold as part of a breast pump

kit that is pre-packaged by the breast pump manufacturer

or distributor.

"Breast pump kit" means a kit that: (1) contains no

more than a breast pump, breast pump collection and

storage supplies, a rechargeable battery for operating the

breast pump, a breastmilk cooler, bottle stands, ice

packs, and a breast pump carrying case; and (2) is

pre-packaged as a breast pump kit by the breast pump

manufacturer or distributor.

(33) Tangible personal property sold by or on behalf of

the State Treasurer pursuant to the Revised Uniform Unclaimed

Property Act. This item (33) is exempt from the provisions of

Section 3-75.

(34) Beginning on January 1, 2024, tangible personal

property purchased by an active duty member of the armed

forces of the United States who presents valid military

identification and purchases the property using a form of

payment where the federal government is the payor. The member

of the armed forces must complete, at the point of sale, a form

prescribed by the Department of Revenue documenting that the

transaction is eligible for the exemption under this

paragraph. Retailers must keep the form as documentation of

the exemption in their records for a period of not less than 6

years. "Armed forces of the United States" means the United

States Army, Navy, Air Force, Marine Corps, or Coast Guard.

This paragraph is exempt from the provisions of Section 3-75.

(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,

Section 70-10, eff. 4-19-22; 102-700, Article 75, Section

75-10, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,

Section 5-10, eff. 6-7-23; 103-9, Article 15, Section 15-10,

eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;

revised 12-12-23.)

Section 200. The Service Occupation Tax Act is amended by

changing Sections 3-5, 9, and 12 as follows:

(35 ILCS 115/3-5)

Sec. 3-5. Exemptions. The following tangible personal

property is exempt from the tax imposed by this Act:

(1) Personal property sold by a corporation, society,

association, foundation, institution, or organization, other

than a limited liability company, that is organized and

operated as a not-for-profit service enterprise for the

benefit of persons 65 years of age or older if the personal

property was not purchased by the enterprise for the purpose

of resale by the enterprise.

(2) Personal property purchased by a not-for-profit

Illinois county fair association for use in conducting,

operating, or promoting the county fair.

(3) Personal property purchased by any not-for-profit arts

or cultural organization that establishes, by proof required

by the Department by rule, that it has received an exemption

under Section 501(c)(3) of the Internal Revenue Code and that

is organized and operated primarily for the presentation or

support of arts or cultural programming, activities, or

services. These organizations include, but are not limited to,

music and dramatic arts organizations such as symphony

orchestras and theatrical groups, arts and cultural service

organizations, local arts councils, visual arts organizations,

and media arts organizations. On and after July 1, 2001 (the

effective date of Public Act 92-35), however, an entity

otherwise eligible for this exemption shall not make tax-free

purchases unless it has an active identification number issued

by the Department.

(4) Legal tender, currency, medallions, or gold or silver

coinage issued by the State of Illinois, the government of the

United States of America, or the government of any foreign

country, and bullion.

(5) Until July 1, 2003 and beginning again on September 1,

2004 through August 30, 2014, graphic arts machinery and

equipment, including repair and replacement parts, both new

and used, and including that manufactured on special order or

purchased for lease, certified by the purchaser to be used

primarily for graphic arts production. Equipment includes

chemicals or chemicals acting as catalysts but only if the

chemicals or chemicals acting as catalysts effect a direct and

immediate change upon a graphic arts product. Beginning on

July 1, 2017, graphic arts machinery and equipment is included

in the manufacturing and assembling machinery and equipment

exemption under Section 2 of this Act.

(6) Personal property sold by a teacher-sponsored student

organization affiliated with an elementary or secondary school

located in Illinois.

(7) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by the

purchaser to be used primarily for production agriculture or

State or federal agricultural programs, including individual

replacement parts for the machinery and equipment, including

machinery and equipment purchased for lease, and including

implements of husbandry defined in Section 1-130 of the

Illinois Vehicle Code, farm machinery and agricultural

chemical and fertilizer spreaders, and nurse wagons required

to be registered under Section 3-809 of the Illinois Vehicle

Code, but excluding other motor vehicles required to be

registered under the Illinois Vehicle Code. Horticultural

polyhouses or hoop houses used for propagating, growing, or

overwintering plants shall be considered farm machinery and

equipment under this item (7). Agricultural chemical tender

tanks and dry boxes shall include units sold separately from a

motor vehicle required to be licensed and units sold mounted

on a motor vehicle required to be licensed if the selling price

of the tender is separately stated.

Farm machinery and equipment shall include precision

farming equipment that is installed or purchased to be

installed on farm machinery and equipment, including, but not

limited to, tractors, harvesters, sprayers, planters, seeders,

or spreaders. Precision farming equipment includes, but is not

limited to, soil testing sensors, computers, monitors,

software, global positioning and mapping systems, and other

such equipment.

Farm machinery and equipment also includes computers,

sensors, software, and related equipment used primarily in the

computer-assisted operation of production agriculture

facilities, equipment, and activities such as, but not limited

to, the collection, monitoring, and correlation of animal and

crop data for the purpose of formulating animal diets and

agricultural chemicals.

Beginning on January 1, 2024, farm machinery and equipment

also includes electrical power generation equipment used

primarily for production agriculture.

This item (7) is exempt from the provisions of Section

3-55.

(8) Until June 30, 2013, fuel and petroleum products sold

to or used by an air common carrier, certified by the carrier

to be used for consumption, shipment, or storage in the

conduct of its business as an air common carrier, for a flight

destined for or returning from a location or locations outside

the United States without regard to previous or subsequent

domestic stopovers.

Beginning July 1, 2013, fuel and petroleum products sold

to or used by an air carrier, certified by the carrier to be

used for consumption, shipment, or storage in the conduct of

its business as an air common carrier, for a flight that (i) is

engaged in foreign trade or is engaged in trade between the

United States and any of its possessions and (ii) transports

at least one individual or package for hire from the city of

origination to the city of final destination on the same

aircraft, without regard to a change in the flight number of

that aircraft.

(9) Proceeds of mandatory service charges separately

stated on customers' bills for the purchase and consumption of

food and beverages, to the extent that the proceeds of the

service charge are in fact turned over as tips or as a

substitute for tips to the employees who participate directly

in preparing, serving, hosting or cleaning up the food or

beverage function with respect to which the service charge is

imposed.

(10) Until July 1, 2003, oil field exploration, drilling,

and production equipment, including (i) rigs and parts of

rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

pipe and tubular goods, including casing and drill strings,

(iii) pumps and pump-jack units, (iv) storage tanks and flow

lines, (v) any individual replacement part for oil field

exploration, drilling, and production equipment, and (vi)

machinery and equipment purchased for lease; but excluding

motor vehicles required to be registered under the Illinois

Vehicle Code.

(11) Photoprocessing machinery and equipment, including

repair and replacement parts, both new and used, including

that manufactured on special order, certified by the purchaser

to be used primarily for photoprocessing, and including

photoprocessing machinery and equipment purchased for lease.

(12) Until July 1, 2028, coal and aggregate exploration,

mining, off-highway hauling, processing, maintenance, and

reclamation equipment, including replacement parts and

equipment, and including equipment purchased for lease, but

excluding motor vehicles required to be registered under the

Illinois Vehicle Code. The changes made to this Section by

Public Act 97-767 apply on and after July 1, 2003, but no claim

for credit or refund is allowed on or after August 16, 2013

(the effective date of Public Act 98-456) for such taxes paid

during the period beginning July 1, 2003 and ending on August

16, 2013 (the effective date of Public Act 98-456).

(13) Beginning January 1, 1992 and through June 30, 2016,

food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages,

soft drinks and food that has been prepared for immediate

consumption) and prescription and non-prescription medicines,

drugs, medical appliances, and insulin, urine testing

materials, syringes, and needles used by diabetics, for human

use, when purchased for use by a person receiving medical

assistance under Article V of the Illinois Public Aid Code who

resides in a licensed long-term care facility, as defined in

the Nursing Home Care Act, or in a licensed facility as defined

in the ID/DD Community Care Act, the MC/DD Act, or the

Specialized Mental Health Rehabilitation Act of 2013.

(14) Semen used for artificial insemination of livestock

for direct agricultural production.

(15) Horses, or interests in horses, registered with and

meeting the requirements of any of the Arabian Horse Club

Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States Trotting Association, or

Jockey Club, as appropriate, used for purposes of breeding or

racing for prizes. This item (15) is exempt from the

provisions of Section 3-55, and the exemption provided for

under this item (15) applies for all periods beginning May 30,

1995, but no claim for credit or refund is allowed on or after

January 1, 2008 (the effective date of Public Act 95-88) for

such taxes paid during the period beginning May 30, 2000 and

ending on January 1, 2008 (the effective date of Public Act

95-88).

(16) Computers and communications equipment utilized for

any hospital purpose and equipment used in the diagnosis,

analysis, or treatment of hospital patients sold to a lessor

who leases the equipment, under a lease of one year or longer

executed or in effect at the time of the purchase, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act.

(17) Personal property sold to a lessor who leases the

property, under a lease of one year or longer executed or in

effect at the time of the purchase, to a governmental body that

has been issued an active tax exemption identification number

by the Department under Section 1g of the Retailers'

Occupation Tax Act.

(18) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is donated

for disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a

manufacturer or retailer that is registered in this State to a

corporation, society, association, foundation, or institution

that has been issued a sales tax exemption identification

number by the Department that assists victims of the disaster

who reside within the declared disaster area.

(19) Beginning with taxable years ending on or after

December 31, 1995 and ending with taxable years ending on or

before December 31, 2004, personal property that is used in

the performance of infrastructure repairs in this State,

including, but not limited to, municipal roads and streets,

access roads, bridges, sidewalks, waste disposal systems,

water and sewer line extensions, water distribution and

purification facilities, storm water drainage and retention

facilities, and sewage treatment facilities, resulting from a

State or federally declared disaster in Illinois or bordering

Illinois when such repairs are initiated on facilities located

in the declared disaster area within 6 months after the

disaster.

(20) Beginning July 1, 1999, game or game birds sold at a

"game breeding and hunting preserve area" as that term is used

in the Wildlife Code. This paragraph is exempt from the

provisions of Section 3-55.

(21) A motor vehicle, as that term is defined in Section

1-146 of the Illinois Vehicle Code, that is donated to a

corporation, limited liability company, society, association,

foundation, or institution that is determined by the

Department to be organized and operated exclusively for

educational purposes. For purposes of this exemption, "a

corporation, limited liability company, society, association,

foundation, or institution organized and operated exclusively

for educational purposes" means all tax-supported public

schools, private schools that offer systematic instruction in

useful branches of learning by methods common to public

schools and that compare favorably in their scope and

intensity with the course of study presented in tax-supported

schools, and vocational or technical schools or institutes

organized and operated exclusively to provide a course of

study of not less than 6 weeks duration and designed to prepare

individuals to follow a trade or to pursue a manual,

technical, mechanical, industrial, business, or commercial

occupation.

(22) Beginning January 1, 2000, personal property,

including food, purchased through fundraising events for the

benefit of a public or private elementary or secondary school,

a group of those schools, or one or more school districts if

the events are sponsored by an entity recognized by the school

district that consists primarily of volunteers and includes

parents and teachers of the school children. This paragraph

does not apply to fundraising events (i) for the benefit of

private home instruction or (ii) for which the fundraising

entity purchases the personal property sold at the events from

another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that profits

from the sale to the fundraising entity. This paragraph is

exempt from the provisions of Section 3-55.

(23) Beginning January 1, 2000 and through December 31,

2001, new or used automatic vending machines that prepare and

serve hot food and beverages, including coffee, soup, and

other items, and replacement parts for these machines.

Beginning January 1, 2002 and through June 30, 2003, machines

and parts for machines used in commercial, coin-operated

amusement and vending business if a use or occupation tax is

paid on the gross receipts derived from the use of the

commercial, coin-operated amusement and vending machines. This

paragraph is exempt from the provisions of Section 3-55.

(24) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), computers and communications equipment

utilized for any hospital purpose and equipment used in the

diagnosis, analysis, or treatment of hospital patients sold to

a lessor who leases the equipment, under a lease of one year or

longer executed or in effect at the time of the purchase, to a

hospital that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. This paragraph is exempt

from the provisions of Section 3-55.

(25) Beginning on August 2, 2001 (the effective date of

Public Act 92-227), personal property sold to a lessor who

leases the property, under a lease of one year or longer

executed or in effect at the time of the purchase, to a

governmental body that has been issued an active tax exemption

identification number by the Department under Section 1g of

the Retailers' Occupation Tax Act. This paragraph is exempt

from the provisions of Section 3-55.

(26) Beginning on January 1, 2002 and through June 30,

2016, tangible personal property purchased from an Illinois

retailer by a taxpayer engaged in centralized purchasing

activities in Illinois who will, upon receipt of the property

in Illinois, temporarily store the property in Illinois (i)

for the purpose of subsequently transporting it outside this

State for use or consumption thereafter solely outside this

State or (ii) for the purpose of being processed, fabricated,

or manufactured into, attached to, or incorporated into other

tangible personal property to be transported outside this

State and thereafter used or consumed solely outside this

State. The Director of Revenue shall, pursuant to rules

adopted in accordance with the Illinois Administrative

Procedure Act, issue a permit to any taxpayer in good standing

with the Department who is eligible for the exemption under

this paragraph (26). The permit issued under this paragraph

(26) shall authorize the holder, to the extent and in the

manner specified in the rules adopted under this Act, to

purchase tangible personal property from a retailer exempt

from the taxes imposed by this Act. Taxpayers shall maintain

all necessary books and records to substantiate the use and

consumption of all such tangible personal property outside of

the State of Illinois.

(27) Beginning January 1, 2008, tangible personal property

used in the construction or maintenance of a community water

supply, as defined under Section 3.145 of the Environmental

Protection Act, that is operated by a not-for-profit

corporation that holds a valid water supply permit issued

under Title IV of the Environmental Protection Act. This

paragraph is exempt from the provisions of Section 3-55.

(28) Tangible personal property sold to a

public-facilities corporation, as described in Section

11-65-10 of the Illinois Municipal Code, for purposes of

constructing or furnishing a municipal convention hall, but

only if the legal title to the municipal convention hall is

transferred to the municipality without any further

consideration by or on behalf of the municipality at the time

of the completion of the municipal convention hall or upon the

retirement or redemption of any bonds or other debt

instruments issued by the public-facilities corporation in

connection with the development of the municipal convention

hall. This exemption includes existing public-facilities

corporations as provided in Section 11-65-25 of the Illinois

Municipal Code. This paragraph is exempt from the provisions

of Section 3-55.

(29) Beginning January 1, 2010 and continuing through

December 31, 2029, 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. However, until January 1, 2024, this

exemption 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.

Beginning January 1, 2010 and continuing through December

31, 2023, this exemption applies only to the transfer of

qualifying tangible personal property incident to the

modification, refurbishment, completion, replacement, repair,

or maintenance of an aircraft by persons who (i) hold an Air

Agency Certificate and are empowered to operate an approved

repair station by the Federal Aviation Administration, (ii)

have a Class IV Rating, and (iii) conduct operations in

accordance with Part 145 of the Federal Aviation Regulations.

The exemption does not include aircraft operated by a

commercial air carrier providing scheduled passenger air

service pursuant to authority issued under Part 121 or Part

129 of the Federal Aviation Regulations. From January 1, 2024

through December 31, 2029, this exemption applies only to the

use of qualifying tangible personal property by: (A) persons

who modify, refurbish, complete, repair, replace, or maintain

aircraft and who (i) hold an Air Agency Certificate and are

empowered to operate an approved repair station by the Federal

Aviation Administration, (ii) have a Class IV Rating, and

(iii) conduct operations in accordance with Part 145 of the

Federal Aviation Regulations; and (B) persons who engage in

the modification, replacement, repair, and maintenance of

aircraft engines or power plants without regard to whether or

not those persons meet the qualifications of item (A).

The changes made to this paragraph (29) by Public Act

98-534 are declarative of existing law. It is the intent of the

General Assembly that the exemption under this paragraph (29)

applies continuously from January 1, 2010 through December 31,

2024; however, no claim for credit or refund is allowed for

taxes paid as a result of the disallowance of this exemption on

or after January 1, 2015 and prior to February 5, 2020 (the

effective date of Public Act 101-629).

(30) Beginning January 1, 2017 and through December 31,

2026, menstrual pads, tampons, and menstrual cups.

(31) Tangible personal property transferred to a purchaser

who is exempt from tax by operation of federal law. This

paragraph is exempt from the provisions of Section 3-55.

(32) Qualified tangible personal property used in the

construction or operation of a data center that has been

granted a certificate of exemption by the Department of

Commerce and Economic Opportunity, whether that tangible

personal property is purchased by the owner, operator, or

tenant of the data center or by a contractor or subcontractor

of the owner, operator, or tenant. Data centers that would

have qualified for a certificate of exemption prior to January

1, 2020 had Public Act 101-31 been in effect, may apply for and

obtain an exemption for subsequent purchases of computer

equipment or enabling software purchased or leased to upgrade,

supplement, or replace computer equipment or enabling software

purchased or leased in the original investment that would have

qualified.

The Department of Commerce and Economic Opportunity shall

grant a certificate of exemption under this item (32) to

qualified data centers as defined by Section 605-1025 of the

Department of Commerce and Economic Opportunity Law of the

Civil Administrative Code of Illinois.

For the purposes of this item (32):

"Data center" means a building or a series of

buildings rehabilitated or constructed to house working

servers in one physical location or multiple sites within

the State of Illinois.

"Qualified tangible personal property" means:

electrical systems and equipment; climate control and

chilling equipment and systems; mechanical systems and

equipment; monitoring and secure systems; emergency

generators; hardware; computers; servers; data storage

devices; network connectivity equipment; racks; cabinets;

telecommunications cabling infrastructure; raised floor

systems; peripheral components or systems; software;

mechanical, electrical, or plumbing systems; battery

systems; cooling systems and towers; temperature control

systems; other cabling; and other data center

infrastructure equipment and systems necessary to operate

qualified tangible personal property, including fixtures;

and component parts of any of the foregoing, including

installation, maintenance, repair, refurbishment, and

replacement of qualified tangible personal property to

generate, transform, transmit, distribute, or manage

electricity necessary to operate qualified tangible

personal property; and all other tangible personal

property that is essential to the operations of a computer

data center. The term "qualified tangible personal

property" also includes building materials physically

incorporated 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 (32) is exempt from the provisions of Section

3-55.

(33) Beginning July 1, 2022, breast pumps, breast pump

collection and storage supplies, and breast pump kits. This

item (33) is exempt from the provisions of Section 3-55. As

used in this item (33):

"Breast pump" means an electrically controlled or

manually controlled pump device designed or marketed to be

used to express milk from a human breast during lactation,

including the pump device and any battery, AC adapter, or

other power supply unit that is used to power the pump

device and is packaged and sold with the pump device at the

time of sale.

"Breast pump collection and storage supplies" means

items of tangible personal property designed or marketed

to be used in conjunction with a breast pump to collect

milk expressed from a human breast and to store collected

milk until it is ready for consumption.

"Breast pump collection and storage supplies"

includes, but is not limited to: breast shields and breast

shield connectors; breast pump tubes and tubing adapters;

breast pump valves and membranes; backflow protectors and

backflow protector adaptors; bottles and bottle caps

specific to the operation of the breast pump; and breast

milk storage bags.

"Breast pump collection and storage supplies" does not

include: (1) bottles and bottle caps not specific to the

operation of the breast pump; (2) breast pump travel bags

and other similar carrying accessories, including ice

packs, labels, and other similar products; (3) breast pump

cleaning supplies; (4) nursing bras, bra pads, breast

shells, and other similar products; and (5) creams,

ointments, and other similar products that relieve

breastfeeding-related symptoms or conditions of the

breasts or nipples, unless sold as part of a breast pump

kit that is pre-packaged by the breast pump manufacturer

or distributor.

"Breast pump kit" means a kit that: (1) contains no

more than a breast pump, breast pump collection and

storage supplies, a rechargeable battery for operating the

breast pump, a breastmilk cooler, bottle stands, ice

packs, and a breast pump carrying case; and (2) is

pre-packaged as a breast pump kit by the breast pump

manufacturer or distributor.

(34) Tangible personal property sold by or on behalf of

the State Treasurer pursuant to the Revised Uniform Unclaimed

Property Act. This item (34) is exempt from the provisions of

Section 3-55.

(35) Beginning on January 1, 2024, tangible personal

property purchased by an active duty member of the armed

forces of the United States who presents valid military

identification and purchases the property using a form of

payment where the federal government is the payor. The member

of the armed forces must complete, at the point of sale, a form

prescribed by the Department of Revenue documenting that the

transaction is eligible for the exemption under this

paragraph. Retailers must keep the form as documentation of

the exemption in their records for a period of not less than 6

years. "Armed forces of the United States" means the United

States Army, Navy, Air Force, Marine Corps, or Coast Guard.

This paragraph is exempt from the provisions of Section 3-55.

(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,

Section 70-15, eff. 4-19-22; 102-700, Article 75, Section

75-15, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,

Section 5-15, eff. 6-7-23; 103-9, Article 15, Section 15-15,

eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;

revised 12-12-23.)

(35 ILCS 115/9) (from Ch. 120, par. 439.109)

Sec. 9. Each serviceman required or authorized to collect

the tax herein imposed shall pay to the Department the amount

of such tax at the time when he is required to file his return

for the period during which such tax was collectible, 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 serviceman for

expenses incurred in collecting the tax, keeping records,

preparing and filing returns, remitting the tax, and supplying

data to the Department on request. When determining the

discount allowed under this Section, servicemen shall include

the amount of tax that would have been due at the 1% rate but

for the 0% rate imposed under Public Act 102-700 this

amendatory Act of the 102nd General Assembly. 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. 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 servicemen 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.

Where such tangible personal property is sold under a

conditional sales contract, or under any other form of sale

wherein the payment of the principal sum, or a part thereof, is

extended beyond the close of the period for which the return is

filed, the serviceman, in collecting the tax may collect, for

each tax return period, only the tax applicable to the part of

the selling price actually received during such tax return

period.

Except as provided hereinafter in this Section, on or

before the twentieth day of each calendar month, such

serviceman shall file a return for the preceding calendar

month in accordance with reasonable rules and regulations to

be promulgated by the Department of Revenue. Such return shall

be filed on a form prescribed by the Department and shall

contain such information as the Department may reasonably

require. The return shall include the gross receipts which

were received during the preceding calendar month or quarter

on the following items upon which tax would have been due but

for the 0% rate imposed under Public Act 102-700 this

amendatory Act of the 102nd General Assembly: (i) food for

human consumption that is to be consumed off the premises

where it is sold (other than alcoholic beverages, food

consisting of or infused with adult use cannabis, soft drinks,

and food that has been prepared for immediate consumption);

and (ii) food prepared for immediate consumption and

transferred incident to a sale of service subject to this Act

or the Service Use Tax Act by an entity licensed under the

Hospital Licensing Act, the Nursing Home Care Act, the

Assisted Living and Shared Housing Act, the ID/DD Community

Care Act, the MC/DD Act, the Specialized Mental Health

Rehabilitation Act of 2013, or the Child Care Act of 1969, or

an entity that holds a permit issued pursuant to the Life Care

Facilities Act. The return shall also include the amount of

tax that would have been due on the items listed in the

previous sentence but for the 0% rate imposed under Public Act

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

On and after January 1, 2018, with respect to servicemen

whose annual gross receipts average $20,000 or more, all

returns required to be filed pursuant to this Act shall be

filed electronically. Servicemen who demonstrate that they do

not have access to the Internet or demonstrate hardship in

filing electronically may petition the Department to waive the

electronic filing requirement.

The Department may require returns to be filed on a

quarterly basis. If so required, a return for each calendar

quarter shall be filed on or before the twentieth day of the

calendar month following the end of such calendar quarter. The

taxpayer shall also file a return with the Department for each

of the first two months of each calendar quarter, on or before

the twentieth day of the following calendar month, stating:

1. The name of the seller;

2. The address of the principal place of business from

which he engages in business as a serviceman in this

State;

3. The total amount of taxable receipts received by

him during the preceding calendar month, including

receipts from charge and time sales, but less all

deductions allowed by law;

4. The amount of credit provided in Section 2d of this

Act;

5. The amount of tax due;

5-5. The signature of the taxpayer; and

6. Such other reasonable information as the Department

may require.

Each serviceman required or authorized to collect the tax

herein imposed on aviation fuel acquired as an incident to the

purchase of a service 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, servicemen transferring aviation fuel incident to

sales of service shall file all aviation fuel tax returns and

shall make all aviation fuel tax payments by electronic means

in the manner and form required by the Department. For

purposes of this Section, "aviation fuel" means jet fuel and

aviation gasoline.

If a taxpayer fails to sign a return within 30 days after

the proper notice and demand for signature by the Department,

the return shall be considered valid and any amount shown to be

due on the return shall be deemed assessed.

Notwithstanding any other provision of this Act to the

contrary, servicemen 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.

Prior to October 1, 2003, and on and after September 1,

2004 a serviceman may accept a Manufacturer's Purchase Credit

certification from a purchaser in satisfaction of Service Use

Tax as provided in Section 3-70 of the Service Use Tax Act if

the purchaser provides the appropriate documentation as

required by Section 3-70 of the Service Use Tax Act. A

Manufacturer's Purchase Credit certification, accepted prior

to October 1, 2003 or on or after September 1, 2004 by a

serviceman as provided in Section 3-70 of the Service Use Tax

Act, may be used by that serviceman to satisfy Service

Occupation Tax liability in the amount claimed in the

certification, not to exceed 6.25% of the receipts subject to

tax from a qualifying purchase. A Manufacturer's Purchase

Credit reported on any original or amended return filed under

this Act after October 20, 2003 for reporting periods prior to

September 1, 2004 shall be disallowed. Manufacturer's Purchase

Credit reported on annual returns due on or after January 1,

2005 will be disallowed for periods prior to September 1,

2004. No Manufacturer's Purchase Credit may be used after

September 30, 2003 through August 31, 2004 to satisfy any tax

liability imposed under this Act, including any audit

liability.

Beginning on July 1, 2023 and through December 31, 2032, a

serviceman may accept a Sustainable Aviation Fuel Purchase

Credit certification from an air common carrier-purchaser in

satisfaction of Service Use Tax as provided in Section 3-72 of

the Service Use Tax Act if the purchaser provides the

appropriate documentation as required by Section 3-72 of the

Service Use Tax Act. A Sustainable Aviation Fuel Purchase

Credit certification accepted by a serviceman in accordance

with this paragraph may be used by that serviceman to satisfy

service occupation tax liability (but not in satisfaction of

penalty or interest) in the amount claimed in the

certification, not to exceed 6.25% of the receipts subject to

tax from a sale of aviation fuel. In addition, for a sale of

aviation fuel to qualify to earn the Sustainable Aviation Fuel

Purchase Credit, servicemen must retain in their books and

records a certification from the producer of the aviation fuel

that the aviation fuel sold by the serviceman and for which a

sustainable aviation fuel purchase credit was earned meets the

definition of sustainable aviation fuel under Section 3-72 of

the Service Use Tax Act. The documentation must include detail

sufficient for the Department to determine the number of

gallons of sustainable aviation fuel sold.

If the serviceman'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 serviceman's average monthly tax liability to the

Department does not exceed $50, the Department may authorize

his returns to be filed on an annual basis, with the return for

a given year being due by January 20 of the following year.

Such quarter annual and annual returns, as to form and

substance, shall be subject to the same requirements as

monthly returns.

Notwithstanding any other provision in this Act concerning

the time within which a serviceman may file his return, in the

case of any serviceman who ceases to engage in a kind of

business which makes him responsible for filing returns under

this Act, such serviceman shall file a final return under this

Act with the Department not more than one 1 month after

discontinuing such business.

Beginning October 1, 1993, a taxpayer who has an average

monthly tax liability of $150,000 or more shall make all

payments required by rules of the Department by electronic

funds transfer. Beginning October 1, 1994, a taxpayer who has

an average monthly tax liability of $100,000 or more shall

make all payments required by rules of the Department by

electronic funds transfer. Beginning October 1, 1995, a

taxpayer who has an average monthly tax liability of $50,000

or more shall make all payments required by rules of the

Department by electronic funds transfer. Beginning October 1,

2000, a taxpayer who has an annual tax liability of $200,000 or

more shall make all payments required by rules of the

Department by electronic funds transfer. The term "annual tax

liability" shall be the sum of the taxpayer's liabilities

under this Act, and under all other State and local occupation

and use tax laws administered by the Department, for the

immediately preceding calendar year. The term "average monthly

tax liability" means the sum of the taxpayer's liabilities

under this Act, and under all other State and local occupation

and use tax laws administered by the Department, for the

immediately preceding calendar year divided by 12. Beginning

on October 1, 2002, a taxpayer who has a tax liability in the

amount set forth in subsection (b) of Section 2505-210 of the

Department of Revenue Law shall make all payments required by

rules of the Department by electronic funds transfer.

Before August 1 of each year beginning in 1993, the

Department shall notify all taxpayers required to make

payments by electronic funds transfer. All taxpayers required

to make payments by electronic funds transfer shall make those

payments for a minimum of one year beginning on October 1.

Any taxpayer not required to make payments by electronic

funds transfer may make payments by electronic funds transfer

with the permission of the Department.

All taxpayers required to make payment by electronic funds

transfer and any taxpayers authorized to voluntarily make

payments by electronic funds transfer shall make those

payments in the manner authorized by the Department.

The Department shall adopt such rules as are necessary to

effectuate a program of electronic funds transfer and the

requirements of this Section.

Where a serviceman collects the tax with respect to the

selling price of tangible personal property which he sells and

the purchaser thereafter returns such tangible personal

property and the serviceman refunds the selling price thereof

to the purchaser, such serviceman shall also refund, to the

purchaser, the tax so collected from the purchaser. When

filing his return for the period in which he refunds such tax

to the purchaser, the serviceman may deduct the amount of the

tax so refunded by him to the purchaser from any other Service

Occupation Tax, Service Use Tax, Retailers' Occupation Tax, or

Use Tax which such serviceman may be required to pay or remit

to the Department, as shown by such return, provided that the

amount of the tax to be deducted shall previously have been

remitted to the Department by such serviceman. If the

serviceman shall not previously have remitted the amount of

such tax to the Department, he shall be entitled to no

deduction hereunder upon refunding such tax to the purchaser.

If experience indicates such action to be practicable, the

Department may prescribe and furnish a combination or joint

return which will enable servicemen, who are required to file

returns hereunder and also under the Retailers' Occupation Tax

Act, the Use Tax Act, or the Service Use Tax Act, to furnish

all the return information required by all said Acts on the one

form.

Where the serviceman has more than one business registered

with the Department under separate registrations hereunder,

such serviceman shall file separate returns for each

registered business.

Beginning January 1, 1990, each month the Department shall

pay into the Local Government Tax Fund the revenue realized

for the preceding month from the 1% tax imposed under this Act.

Beginning January 1, 1990, each month the Department shall

pay into the County and Mass Transit District Fund 4% of the

revenue realized for the preceding month from the 6.25%

general rate on sales 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.

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 January 1, 1990, each month the Department shall

pay into the Local Government Tax Fund 16% of the revenue

realized for the preceding month from the 6.25% general rate

on transfers 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 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, 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 Retailers' Occupation Tax Act an amount equal to

the average monthly deficit in the Underground Storage Tank

Fund during the prior year, as certified annually by the

Illinois Environmental Protection Agency, but the total

payment into the Underground Storage Tank Fund under this Act,

the Use Tax Act, the Service Use Tax Act, and the Retailers'

Occupation Tax Act shall not exceed $18,000,000 in any State

fiscal year. As used in this paragraph, the "average monthly

deficit" shall be equal to the difference between the average

monthly claims for payment by the fund and the average monthly

revenues deposited into the fund, excluding payments made

pursuant to this paragraph.

Beginning July 1, 2015, of the remainder of the moneys

received by the Department under the Use Tax Act, the Service

Use Tax Act, this Act, and the Retailers' Occupation Tax Act,

each month the Department shall deposit $500,000 into the

State Crime Laboratory Fund.

Of the remainder of the moneys received by the Department

pursuant to this Act, (a) 1.75% thereof shall be paid into the

Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

and after July 1, 1989, 3.8% thereof shall be paid into the

Build Illinois Fund; provided, however, that if in any fiscal

year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

may be, of the moneys received by the Department and required

to be paid into the Build Illinois Fund pursuant to Section 3

of the Retailers' Occupation Tax Act, Section 9 of the Use Tax

Act, Section 9 of the Service Use Tax Act, and Section 9 of the

Service Occupation Tax Act, such Acts being hereinafter called

the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case

may be, of moneys being hereinafter called the "Tax Act

Amount", and (2) the amount transferred to the Build Illinois

Fund from the State and Local Sales Tax Reform Fund shall be

less than the Annual Specified Amount (as defined in Section 3

of the Retailers' Occupation Tax Act), an amount equal to the

difference shall be immediately paid into the Build Illinois

Fund from other moneys received by the Department pursuant to

the Tax Acts; and further provided, that if on the last

business day of any month the sum of (1) the Tax Act Amount

required to be deposited into the Build Illinois Account in

the Build Illinois Fund during such month and (2) the amount

transferred during such month to the Build Illinois Fund from

the State and Local Sales Tax Reform Fund shall have been less

than 1/12 of the Annual Specified Amount, an amount equal to

the difference shall be immediately paid into the Build

Illinois Fund from other moneys received by the Department

pursuant to the Tax Acts; and, further provided, that in no

event shall the payments required under the preceding proviso

result in aggregate payments into the Build Illinois Fund

pursuant to this clause (b) for any fiscal year in excess of

the greater of (i) the Tax Act Amount or (ii) the Annual

Specified Amount for such fiscal year; and, further provided,

that the amounts payable into the Build Illinois Fund under

this clause (b) shall be payable only until such time as the

aggregate amount on deposit under each trust indenture

securing Bonds issued and outstanding pursuant to the Build

Illinois Bond Act is sufficient, taking into account any

future investment income, to fully provide, in accordance with

such indenture, for the defeasance of or the payment of the

principal of, premium, if any, and interest on the Bonds

secured by such indenture and on any Bonds expected to be

issued thereafter and all fees and costs payable with respect

thereto, all as certified by the Director of the Bureau of the

Budget (now Governor's Office of Management and Budget). If on

the last business day of any month in which Bonds are

outstanding pursuant to the Build Illinois Bond Act, the

aggregate of the moneys deposited in the Build Illinois Bond

Account in the Build Illinois Fund in such month shall be less

than the amount required to be transferred in such month from

the Build Illinois Bond Account to the Build Illinois Bond

Retirement and Interest Fund pursuant to Section 13 of the

Build Illinois Bond Act, an amount equal to such deficiency

shall be immediately paid from other moneys received by the

Department pursuant to the Tax Acts to the Build Illinois

Fund; provided, however, that any amounts paid to the Build

Illinois Fund in any fiscal year pursuant to this sentence

shall be deemed to constitute payments pursuant to clause (b)

of the preceding sentence and shall reduce the amount

otherwise payable for such fiscal year pursuant to clause (b)

of the preceding sentence. The moneys received by the

Department pursuant to this Act and required to be deposited

into the Build Illinois Fund are subject to the pledge, claim

and charge set forth in Section 12 of the Build Illinois Bond

Act.

Subject to payment of amounts into the Build Illinois Fund

as provided in the preceding paragraph or in any amendment

thereto hereafter enacted, the following specified monthly

installment of the amount requested in the certificate of the

Chairman of the Metropolitan Pier and Exposition Authority

provided under Section 8.25f of the State Finance Act, but not

in excess of the sums designated as "Total Deposit", shall be

deposited in the aggregate from collections under Section 9 of

the Use Tax Act, Section 9 of the Service Use Tax Act, Section

9 of the Service Occupation Tax Act, and Section 3 of the

Retailers' Occupation Tax Act into the McCormick Place

Expansion Project Fund in the specified fiscal years.

Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000

2001 80,000,000 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 300,000,000 2022 300,000,000 2023 300,000,000 2024 300,000,000 2025 300,000,000 2026 300,000,000

2027 375,000,000 2028 375,000,000 2029 375,000,000 2030 375,000,000 2031 375,000,000 2032 375,000,000 2033 375,000,000 2034 375,000,000 2035 375,000,000 2036 450,000,000 and each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2060.

Beginning July 20, 1993 and in each month of each fiscal

year thereafter, one-eighth of the amount requested in the

certificate of the Chairman of the Metropolitan Pier and

Exposition Authority for that fiscal year, less the amount

deposited into the McCormick Place Expansion Project Fund by

the State Treasurer in the respective month under subsection

(g) of Section 13 of the Metropolitan Pier and Exposition

Authority Act, plus cumulative deficiencies in the deposits

required under this Section for previous months and years,

shall be deposited into the McCormick Place Expansion Project

Fund, until the full amount requested for the fiscal year, but

not in excess of the amount specified above as "Total

Deposit", has been deposited.

Subject to payment of amounts into the Capital Projects

Fund, the 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, the McCormick Place Expansion Project Fund, and the

Illinois Tax Increment 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, 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, 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,

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, 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,

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, and the Tax Compliance and Administration Fund

as provided in this Section, the Department shall pay each

month into the Road Fund the amount estimated to represent 80%

of the net revenue realized from the taxes imposed on motor

fuel and gasohol. As used in this paragraph "motor fuel" has

the meaning given to that term in Section 1.1 of the Motor Fuel

Tax Law, and "gasohol" has the meaning given to that term in

Section 3-40 of the Use Tax Act.

Of the remainder of the moneys received by the Department

pursuant to this Act, 75% shall be paid into the General

Revenue Fund of the State treasury Treasury and 25% shall be

reserved in a special account and used only for the transfer to

the Common School Fund as part of the monthly transfer from the

General Revenue Fund in accordance with Section 8a of the

State Finance Act.

The Department may, upon separate written notice to a

taxpayer, require the taxpayer to prepare and file with the

Department on a form prescribed by the Department within not

less than 60 days after receipt of the notice an annual

information return for the tax year specified in the notice.

Such annual return to the Department shall include a statement

of gross receipts as shown by the taxpayer's last federal

Federal income tax return. If the total receipts of the

business as reported in the federal Federal income tax return

do not agree with the gross receipts reported to the

Department of Revenue for the same period, the taxpayer shall

attach to his annual return a schedule showing a

reconciliation of the 2 amounts and the reasons for the

difference. The taxpayer's annual return to the Department

shall also disclose the cost of goods sold by the taxpayer

during the year covered by such return, opening and closing

inventories of such goods for such year, cost of goods used

from stock or taken from stock and given away by the taxpayer

during such year, pay roll information of the taxpayer'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 taxpayer as hereinbefore 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 foregoing portion of this Section concerning the

filing of an annual information return shall not apply to a

serviceman 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, it shall be

permissible for manufacturers, importers and wholesalers whose

products are sold by numerous servicemen in Illinois, and who

wish to do so, to assume the responsibility for accounting and

paying to the Department all tax accruing under this Act with

respect to such sales, if the servicemen who are affected do

not make written objection to the Department to this

arrangement.

(Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23;

103-363, eff. 7-28-23; revised 9-25-23.)

(35 ILCS 115/12) (from Ch. 120, par. 439.112)

Sec. 12. All of the provisions of Sections 1d, 1e, 1f, 1i,

1j, 1j.1, 1k, 1m, 1n, 1o, 2-6, 2-12, 2-54, 2a, 2b, 2c, 3

(except as to the disposition by the Department of the tax

collected under this Act), 4 (except that the time limitation

provisions shall run from the date when the tax is due rather

than from the date when gross receipts are received), 5

(except that the time limitation provisions on the issuance of

notices of tax liability shall run from the date when the tax

is due rather than from the date when gross receipts are

received), 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5j, 5k, 5l, 5m, 5n, 6d,

7, 8, 9, 10, 11, and 12 of the "Retailers' Occupation Tax Act"

which are not inconsistent with this Act, and Section 3-7 of

the Uniform Penalty and Interest Act shall apply, as far as

practicable, to the subject matter of this Act to the same

extent as if such provisions were included herein.

(Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23;

revised 9-26-23.)

Section 205. The Retailers' Occupation Tax Act is amended

by changing Sections 2-5 and 3 as follows:

(35 ILCS 120/2-5)

Sec. 2-5. Exemptions. Gross receipts from proceeds from

the sale of the following tangible personal property are

exempt from the tax imposed by this Act:

(1) Farm chemicals.

(2) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by

the purchaser to be used primarily for production

agriculture or State or federal agricultural programs,

including individual replacement parts for the machinery

and equipment, including machinery and equipment purchased

for lease, and including implements of husbandry defined

in Section 1-130 of the Illinois Vehicle Code, farm

machinery and agricultural chemical and fertilizer

spreaders, and nurse wagons required to be registered

under Section 3-809 of the Illinois Vehicle Code, but

excluding other motor vehicles required to be registered

under the Illinois Vehicle Code. Horticultural polyhouses

or hoop houses used for propagating, growing, or

overwintering plants shall be considered farm machinery

and equipment under this item (2). Agricultural chemical

tender tanks and dry boxes shall include units sold

separately from a motor vehicle required to be licensed

and units sold mounted on a motor vehicle required to be

licensed, if the selling price of the tender is separately

stated.

Farm machinery and equipment shall include precision

farming equipment that is installed or purchased to be

installed on farm machinery and equipment including, but

not limited to, tractors, harvesters, sprayers, planters,

seeders, or spreaders. Precision farming equipment

includes, but is not limited to, soil testing sensors,

computers, monitors, software, global positioning and

mapping systems, and other such equipment.

Farm machinery and equipment also includes computers,

sensors, software, and related equipment used primarily in

the computer-assisted operation of production agriculture

facilities, equipment, and activities such as, but not

limited to, the collection, monitoring, and correlation of

animal and crop data for the purpose of formulating animal

diets and agricultural chemicals.

Beginning on January 1, 2024, farm machinery and

equipment also includes electrical power generation

equipment used primarily for production agriculture.

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) Except as otherwise provided in this Section,

personal property sold to a governmental body, to a

corporation, society, association, foundation, or

institution organized and operated exclusively for

charitable, religious, or educational purposes, or to a

not-for-profit corporation, society, association,

foundation, institution, or organization that has no

compensated officers or employees and that is organized

and operated primarily for the recreation of persons 55

years of age or older. A limited liability company may

qualify for the exemption under this paragraph only if the

limited liability company is organized and operated

exclusively for educational purposes. On and after July 1,

1987, however, no entity otherwise eligible for this

exemption shall make tax-free purchases unless it has an

active identification number issued by the Department.

(12) (Blank).

(12-5) On and after July 1, 2003 and through June 30,

2004, motor vehicles of the second division with a gross

vehicle weight in excess of 8,000 pounds that are subject

to the commercial distribution fee imposed under Section

3-815.1 of the Illinois Vehicle Code. Beginning on July 1,

2004 and through June 30, 2005, the use in this State of

motor vehicles of the second division: (i) with a gross

vehicle weight rating in excess of 8,000 pounds; (ii) that

are subject to the commercial distribution fee imposed

under Section 3-815.1 of the Illinois Vehicle Code; and

(iii) that are primarily used for commercial purposes.

Through June 30, 2005, this exemption applies to repair

and replacement parts added after the initial purchase of

such a motor vehicle if that motor vehicle is used in a

manner that would qualify for the rolling stock exemption

otherwise provided for in this Act. For purposes of this

paragraph, "used for commercial purposes" means the

transportation of persons or property in furtherance of

any commercial or industrial enterprise whether for-hire

or not.

(13) Proceeds from sales to owners, lessors, or

shippers of tangible personal property that is utilized by

interstate carriers for hire for use as rolling stock

moving in interstate commerce and equipment operated by a

telecommunications provider, licensed as a common carrier

by the Federal Communications Commission, which is

permanently installed in or affixed to aircraft moving in

interstate commerce.

(14) Machinery and equipment that will be used by the

purchaser, or a lessee of the purchaser, primarily in the

process of manufacturing or assembling tangible personal

property for wholesale or retail sale or lease, whether

the sale or lease is made directly by the manufacturer or

by some other person, whether the materials used in the

process are owned by the manufacturer or some other

person, or whether the sale or lease is made apart from or

as an incident to the seller's engaging in the service

occupation of producing machines, tools, dies, jigs,

patterns, gauges, or other similar items of no commercial

value on special order for a particular purchaser. The

exemption provided by this paragraph (14) does not include

machinery and equipment used in (i) the generation of

electricity for wholesale or retail sale; (ii) the

generation or treatment of natural or artificial gas for

wholesale or retail sale that is delivered to customers

through pipes, pipelines, or mains; or (iii) the treatment

of water for wholesale or retail sale that is delivered to

customers through pipes, pipelines, or mains. The

provisions of Public Act 98-583 are declaratory of

existing law as to the meaning and scope of this

exemption. Beginning on July 1, 2017, the exemption

provided by this paragraph (14) includes, but is not

limited to, graphic arts machinery and equipment, as

defined in paragraph (4) of this Section.

(15) Proceeds of mandatory service charges separately

stated on customers' bills for purchase and consumption of

food and beverages, to the extent that the proceeds of the

service charge are in fact turned over as tips or as a

substitute for tips to the employees who participate

directly in preparing, serving, hosting or cleaning up the

food or beverage function with respect to which the

service charge is imposed.

(16) Tangible personal property sold to a purchaser if

the purchaser is exempt from use tax by operation of

federal law. This paragraph is exempt from the provisions

of Section 2-70.

(17) Tangible personal property sold to a common

carrier by rail or motor that receives the physical

possession of the property in Illinois and that transports

the property, or shares with another common carrier in the

transportation of the property, out of Illinois on a

standard uniform bill of lading showing the seller of the

property as the shipper or consignor of the property to a

destination outside Illinois, for use outside Illinois.

(18) Legal tender, currency, medallions, or gold or

silver coinage issued by the State of Illinois, the

government of the United States of America, or the

government of any foreign country, and bullion.

(19) Until July 1, 2003, oil field exploration,

drilling, and production equipment, including (i) rigs and

parts of rigs, rotary rigs, cable tool rigs, and workover

rigs, (ii) pipe and tubular goods, including casing and

drill strings, (iii) pumps and pump-jack units, (iv)

storage tanks and flow lines, (v) any individual

replacement part for oil field exploration, drilling, and

production equipment, and (vi) machinery and equipment

purchased for lease; but excluding motor vehicles required

to be registered under the Illinois Vehicle Code.

(20) Photoprocessing machinery and equipment,

including repair and replacement parts, both new and used,

including that manufactured on special order, certified by

the purchaser to be used primarily for photoprocessing,

and including photoprocessing machinery and equipment

purchased for lease.

(21) Until July 1, 2028, coal and aggregate

exploration, mining, off-highway hauling, processing,

maintenance, and reclamation equipment, including

replacement parts and equipment, and including equipment

purchased for lease, but excluding motor vehicles required

to be registered under the Illinois Vehicle Code. The

changes made to this Section by Public Act 97-767 apply on

and after July 1, 2003, but no claim for credit or refund

is allowed on or after August 16, 2013 (the effective date

of Public Act 98-456) for such taxes paid during the

period beginning July 1, 2003 and ending on August 16,

2013 (the effective date of Public Act 98-456).

(22) Until June 30, 2013, fuel and petroleum products

sold to or used by an air carrier, certified by the carrier

to be used for consumption, shipment, or storage in the

conduct of its business as an air common carrier, for a

flight destined for or returning from a location or

locations outside the United States without regard to

previous or subsequent domestic stopovers.

Beginning July 1, 2013, fuel and petroleum products

sold to or used by an air carrier, certified by the carrier

to be used for consumption, shipment, or storage in the

conduct of its business as an air common carrier, for a

flight that (i) is engaged in foreign trade or is engaged

in trade between the United States and any of its

possessions and (ii) transports at least one individual or

package for hire from the city of origination to the city

of final destination on the same aircraft, without regard

to a change in the flight number of that aircraft.

(23) A transaction in which the purchase order is

received by a florist who is located outside Illinois, but

who has a florist located in Illinois deliver the property

to the purchaser or the purchaser's donee in Illinois.

(24) Fuel consumed or used in the operation of ships,

barges, or vessels that are used primarily in or for the

transportation of property or the conveyance of persons

for hire on rivers bordering on this State if the fuel is

delivered by the seller to the purchaser's barge, ship, or

vessel while it is afloat upon that bordering river.

(25) Except as provided in item (25-5) of this

Section, a motor vehicle sold in this State to a

nonresident even though the motor vehicle is delivered to

the nonresident in this State, if the motor vehicle is not

to be titled in this State, and if a drive-away permit is

issued to the motor vehicle as provided in Section 3-603

of the Illinois Vehicle Code or if the nonresident

purchaser has vehicle registration plates to transfer to

the motor vehicle upon returning to his or her home state.

The issuance of the drive-away permit or having the

out-of-state registration plates to be transferred is

prima facie evidence that the motor vehicle will not be

titled in this State.

(25-5) The exemption under item (25) does not apply if

the state in which the motor vehicle will be titled does

not allow a reciprocal exemption for a motor vehicle sold

and delivered in that state to an Illinois resident but

titled in Illinois. The tax collected under this Act on

the sale of a motor vehicle in this State to a resident of

another state that does not allow a reciprocal exemption

shall be imposed at a rate equal to the state's rate of tax

on taxable property in the state in which the purchaser is

a resident, except that the tax shall not exceed the tax

that would otherwise be imposed under this Act. At the

time of the sale, the purchaser shall execute a statement,

signed under penalty of perjury, of his or her intent to

title the vehicle in the state in which the purchaser is a

resident within 30 days after the sale and of the fact of

the payment to the State of Illinois of tax in an amount

equivalent to the state's rate of tax on taxable property

in his or her state of residence and shall submit the

statement to the appropriate tax collection agency in his

or her state of residence. In addition, the retailer must

retain a signed copy of the statement in his or her

records. Nothing in this item shall be construed to

require the removal of the vehicle from this state

following the filing of an intent to title the vehicle in

the purchaser's state of residence if the purchaser titles

the vehicle in his or her state of residence within 30 days

after the date of sale. The tax collected under this Act in

accordance with this item (25-5) shall be proportionately

distributed as if the tax were collected at the 6.25%

general rate imposed under this Act.

(25-7) Beginning on July 1, 2007, no tax is imposed

under this Act on the sale of an aircraft, as defined in

Section 3 of the Illinois Aeronautics Act, if all of the

following conditions are met:

(1) the aircraft leaves this State within 15 days

after the later of either the issuance of the final

billing for the sale of the aircraft, or the

authorized approval for return to service, completion

of the maintenance record entry, and completion of the

test flight and ground test for inspection, as

required by 14 CFR 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, 2029, 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. However,

until January 1, 2024, this exemption 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.

Beginning January 1, 2010 and continuing through

December 31, 2023, 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. From January

1, 2024 through December 31, 2029, this exemption applies

only to the use of qualifying tangible personal property

by: (A) persons who modify, refurbish, complete, repair,

replace, or maintain aircraft and who (i) hold an Air

Agency Certificate and are empowered to operate an

approved repair station by the Federal Aviation

Administration, (ii) have a Class IV Rating, and (iii)

conduct operations in accordance with Part 145 of the

Federal Aviation Regulations; and (B) persons who engage

in the modification, replacement, repair, and maintenance

of aircraft engines or power plants without regard to

whether or not those persons meet the qualifications of

item (A).

The changes made to this paragraph (40) by Public Act

98-534 are declarative of existing law. It is the intent

of the General Assembly that the exemption under this

paragraph (40) applies continuously from January 1, 2010

through December 31, 2024; however, no claim for credit or

refund is allowed for taxes paid as a result of the

disallowance of this exemption on or after January 1, 2015

and prior to February 5, 2020 (the effective date of

Public Act 101-629).

(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 rental purchase agreement, as

defined in the Rental-Purchase Rental Purchase Agreement

Act, and provide proof of registration under the Rental

Purchase Agreement Occupation and Use Tax Act. This

paragraph is exempt from the provisions of Section 2-70.

(44) Qualified tangible personal property used in the

construction or operation of a data center that has been

granted a certificate of exemption by the Department of

Commerce and Economic Opportunity, whether that tangible

personal property is purchased by the owner, operator, or

tenant of the data center or by a contractor or

subcontractor of the owner, operator, or tenant. Data

centers that would have qualified for a certificate of

exemption prior to January 1, 2020 had Public Act 101-31

been in effect, may apply for and obtain an exemption for

subsequent purchases of computer equipment or enabling

software purchased or leased to upgrade, supplement, or

replace computer equipment or enabling software purchased

or leased in the original investment that would have

qualified.

The Department of Commerce and Economic Opportunity

shall grant a certificate of exemption under this item

(44) to qualified data centers as defined by Section

605-1025 of the Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of

Illinois.

For the purposes of this item (44):

"Data center" means a building or a series of

buildings rehabilitated or constructed to house

working servers in one physical location or multiple

sites within the State of Illinois.

"Qualified tangible personal property" means:

electrical systems and equipment; climate control and

chilling equipment and systems; mechanical systems and

equipment; monitoring and secure systems; emergency

generators; hardware; computers; servers; data storage

devices; network connectivity equipment; racks;

cabinets; telecommunications cabling infrastructure;

raised floor systems; peripheral components or

systems; software; mechanical, electrical, or plumbing

systems; battery systems; cooling systems and towers;

temperature control systems; other cabling; and other

data center infrastructure equipment and systems

necessary to operate qualified tangible personal

property, including fixtures; and component parts of

any of the foregoing, including installation,

maintenance, repair, refurbishment, and replacement of

qualified tangible personal property to generate,

transform, transmit, distribute, or manage electricity

necessary to operate qualified tangible personal

property; and all other tangible personal property

that is essential to the operations of a computer data

center. The term "qualified tangible personal

property" also includes building materials physically

incorporated into the qualifying data center. To

document the exemption allowed under this Section, the

retailer must obtain from the purchaser a copy of the

certificate of eligibility issued by the Department of

Commerce and Economic Opportunity.

This item (44) is exempt from the provisions of

Section 2-70.

(45) Beginning January 1, 2020 and through December

31, 2020, sales of tangible personal property made by a

marketplace seller over a marketplace for which tax is due

under this Act but for which use tax has been collected and

remitted to the Department by a marketplace facilitator

under Section 2d of the Use Tax Act are exempt from tax

under this Act. A marketplace seller claiming this

exemption shall maintain books and records demonstrating

that the use tax on such sales has been collected and

remitted by a marketplace facilitator. Marketplace sellers

that have properly remitted tax under this Act on such

sales may file a claim for credit as provided in Section 6

of this Act. No claim is allowed, however, for such taxes

for which a credit or refund has been issued to the

marketplace facilitator under the Use Tax Act, or for

which the marketplace facilitator has filed a claim for

credit or refund under the Use Tax Act.

(46) Beginning July 1, 2022, breast pumps, breast pump

collection and storage supplies, and breast pump kits.

This item (46) is exempt from the provisions of Section

2-70. As used in this item (46):

"Breast pump" means an electrically controlled or

manually controlled pump device designed or marketed to be

used to express milk from a human breast during lactation,

including the pump device and any battery, AC adapter, or

other power supply unit that is used to power the pump

device and is packaged and sold with the pump device at the

time of sale.

"Breast pump collection and storage supplies" means

items of tangible personal property designed or marketed

to be used in conjunction with a breast pump to collect

milk expressed from a human breast and to store collected

milk until it is ready for consumption.

"Breast pump collection and storage supplies"

includes, but is not limited to: breast shields and breast

shield connectors; breast pump tubes and tubing adapters;

breast pump valves and membranes; backflow protectors and

backflow protector adaptors; bottles and bottle caps

specific to the operation of the breast pump; and breast

milk storage bags.

"Breast pump collection and storage supplies" does not

include: (1) bottles and bottle caps not specific to the

operation of the breast pump; (2) breast pump travel bags

and other similar carrying accessories, including ice

packs, labels, and other similar products; (3) breast pump

cleaning supplies; (4) nursing bras, bra pads, breast

shells, and other similar products; and (5) creams,

ointments, and other similar products that relieve

breastfeeding-related symptoms or conditions of the

breasts or nipples, unless sold as part of a breast pump

kit that is pre-packaged by the breast pump manufacturer

or distributor.

"Breast pump kit" means a kit that: (1) contains no

more than a breast pump, breast pump collection and

storage supplies, a rechargeable battery for operating the

breast pump, a breastmilk cooler, bottle stands, ice

packs, and a breast pump carrying case; and (2) is

pre-packaged as a breast pump kit by the breast pump

manufacturer or distributor.

(47) Tangible personal property sold by or on behalf

of the State Treasurer pursuant to the Revised Uniform

Unclaimed Property Act. This item (47) is exempt from the

provisions of Section 2-70.

(48) Beginning on January 1, 2024, tangible personal

property purchased by an active duty member of the armed

forces of the United States who presents valid military

identification and purchases the property using a form of

payment where the federal government is the payor. The

member of the armed forces must complete, at the point of

sale, a form prescribed by the Department of Revenue

documenting that the transaction is eligible for the

exemption under this paragraph. Retailers must keep the

form as documentation of the exemption in their records

for a period of not less than 6 years. "Armed forces of the

United States" means the United States Army, Navy, Air

Force, Marine Corps, or Coast Guard. This paragraph is

exempt from the provisions of Section 2-70.

(Source: P.A. 102-16, eff. 6-17-21; 102-634, eff. 8-27-21;

102-700, Article 70, Section 70-20, eff. 4-19-22; 102-700,

Article 75, Section 75-20, eff. 4-19-22; 102-813, eff.

5-13-22; 102-1026, eff. 5-27-22; 103-9, Article 5, Section

5-20, eff. 6-7-23; 103-9, Article 15, Section 15-20, eff.

6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; revised

12-12-23.)

(35 ILCS 120/3) (from Ch. 120, par. 442)

Sec. 3. Except as provided in this Section, on or before

the twentieth day of each calendar month, every person engaged

in the business of selling tangible personal property at

retail in this State during the preceding calendar month shall

file a return with the Department, stating:

1. The name of the seller;

2. His residence address and the address of his

principal place of business and the address of the

principal place of business (if that is a different

address) from which he engages in the business of selling

tangible personal property at retail in this State;

3. Total amount of receipts received by him during the

preceding calendar month or quarter, as the case may be,

from sales of tangible personal property, and from

services furnished, by him during such preceding calendar

month or quarter;

4. Total amount received by him during the preceding

calendar month or quarter on charge and time sales of

tangible personal property, and from services furnished,

by him prior to the month or quarter for which the return

is filed;

5. Deductions allowed by law;

6. Gross receipts which were received by him during

the preceding calendar month or quarter and upon the basis

of which the tax is imposed, including gross receipts on

food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages,

food consisting of or infused with adult use cannabis,

soft drinks, and food that has been prepared for immediate

consumption) which were received during the preceding

calendar month or quarter and upon which tax would have

been due but for the 0% rate imposed under Public Act

102-700;

7. The amount of credit provided in Section 2d of this

Act;

8. The amount of tax due, including the amount of tax

that would have been due on food for human consumption

that is to be consumed off the premises where it is sold

(other than alcoholic beverages, food consisting of or

infused with adult use cannabis, soft drinks, and food

that has been prepared for immediate consumption) but for

the 0% rate imposed under Public Act 102-700;

9. The signature of the taxpayer; and

10. Such other reasonable information as the

Department may require.

On and after January 1, 2018, except for returns required

to be filed prior to January 1, 2023 for motor vehicles,

watercraft, aircraft, and trailers that are required to be

registered with an agency of this State, with respect to

retailers whose annual gross receipts average $20,000 or more,

all returns required to be filed pursuant to this Act shall be

filed electronically. On and after January 1, 2023, with

respect to retailers whose annual gross receipts average

$20,000 or more, all returns required to be filed pursuant to

this Act, including, but not limited to, returns for motor

vehicles, watercraft, aircraft, and trailers that are required

to be registered with an agency of this State, shall be filed

electronically. Retailers who demonstrate that they do not

have access to the Internet or demonstrate hardship in filing

electronically may petition the Department to waive the

electronic filing requirement.

If a taxpayer fails to sign a return within 30 days after

the proper notice and demand for signature by the Department,

the return shall be considered valid and any amount shown to be

due on the return shall be deemed assessed.

Each return shall be accompanied by the statement of

prepaid tax issued pursuant to Section 2e for which credit is

claimed.

Prior to October 1, 2003, and on and after September 1,

2004, a retailer may accept a Manufacturer's Purchase Credit

certification from a purchaser in satisfaction of Use Tax as

provided in Section 3-85 of the Use Tax Act if the purchaser

provides the appropriate documentation as required by Section

3-85 of the Use Tax Act. A Manufacturer's Purchase Credit

certification, accepted by a retailer prior to October 1, 2003

and on and after September 1, 2004 as provided in Section 3-85

of the Use Tax Act, may be used by that retailer to satisfy

Retailers' Occupation Tax liability in the amount claimed in

the certification, not to exceed 6.25% of the receipts subject

to tax from a qualifying purchase. A Manufacturer's Purchase

Credit reported on any original or amended return filed under

this Act after October 20, 2003 for reporting periods prior to

September 1, 2004 shall be disallowed. Manufacturer's Purchase

Credit reported on annual returns due on or after January 1,

2005 will be disallowed for periods prior to September 1,

2004. No Manufacturer's Purchase Credit may be used after

September 30, 2003 through August 31, 2004 to satisfy any tax

liability imposed under this Act, including any audit

liability.

Beginning on July 1, 2023 and through December 31, 2032, a

retailer may accept a Sustainable Aviation Fuel Purchase

Credit certification from an air common carrier-purchaser in

satisfaction of Use Tax on aviation fuel as provided in

Section 3-87 of the Use Tax Act if the purchaser provides the

appropriate documentation as required by Section 3-87 of the

Use Tax Act. A Sustainable Aviation Fuel Purchase Credit

certification accepted by a retailer in accordance with this

paragraph may be used by that retailer to satisfy Retailers'

Occupation Tax liability (but not in satisfaction of penalty

or interest) in the amount claimed in the certification, not

to exceed 6.25% of the receipts subject to tax from a sale of

aviation fuel. In addition, for a sale of aviation fuel to

qualify to earn the Sustainable Aviation Fuel Purchase Credit,

retailers must retain in their books and records a

certification from the producer of the aviation fuel that the

aviation fuel sold by the retailer and for which a sustainable

aviation fuel purchase credit was earned meets the definition

of sustainable aviation fuel under Section 3-87 of the Use Tax

Act. The documentation must include detail sufficient for the

Department to determine the number of gallons of sustainable

aviation fuel sold.

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 2 two months of each calendar quarter, on or

before the twentieth day of the following calendar month,

stating:

1. The name of the seller;

2. The address of the principal place of business from

which he engages in the business of selling tangible

personal property at retail in this State;

3. The total amount of taxable receipts received by

him during the preceding calendar month from sales of

tangible personal property by him during such preceding

calendar month, including receipts from charge and time

sales, but less all deductions allowed by law;

4. The amount of credit provided in Section 2d of this

Act;

5. The amount of tax due; and

6. Such other reasonable information as the Department

may require.

Every person engaged in the business of selling aviation

fuel at retail in this State during the preceding calendar

month shall, instead of reporting and paying tax as otherwise

required by this Section, report and pay such tax on a separate

aviation fuel tax return. The requirements related to the

return shall be as otherwise provided in this Section.

Notwithstanding any other provisions of this Act to the

contrary, retailers selling aviation fuel shall file all

aviation fuel tax returns and shall make all aviation fuel tax

payments by electronic means in the manner and form required

by the Department. For purposes of this Section, "aviation

fuel" means jet fuel and aviation gasoline.

Beginning on October 1, 2003, any person who is not a

licensed distributor, importing distributor, or manufacturer,

as defined in the Liquor Control Act of 1934, but is engaged in

the business of selling, at retail, alcoholic liquor shall

file a statement with the Department of Revenue, in a format

and at a time prescribed by the Department, showing the total

amount paid for alcoholic liquor purchased during the

preceding month and such other information as is reasonably

required by the Department. The Department may adopt rules to

require that this statement be filed in an electronic or

telephonic format. Such rules may provide for exceptions from

the filing requirements of this paragraph. For the purposes of

this paragraph, the term "alcoholic liquor" shall have the

meaning prescribed in the Liquor Control Act of 1934.

Beginning on October 1, 2003, every distributor, importing

distributor, and manufacturer of alcoholic liquor as defined

in the Liquor Control Act of 1934, shall file a statement with

the Department of Revenue, no later than the 10th day of the

month for the preceding month during which transactions

occurred, by electronic means, showing the total amount of

gross receipts from the sale of alcoholic liquor sold or

distributed during the preceding month to purchasers;

identifying the purchaser to whom it was sold or distributed;

the purchaser's tax registration number; and such other

information reasonably required by the Department. A

distributor, importing distributor, or manufacturer of

alcoholic liquor must personally deliver, mail, or provide by

electronic means to each retailer listed on the monthly

statement a report containing a cumulative total of that

distributor's, importing distributor's, or manufacturer's

total sales of alcoholic liquor to that retailer no later than

the 10th day of the month for the preceding month during which

the transaction occurred. The distributor, importing

distributor, or manufacturer shall notify the retailer as to

the method by which the distributor, importing distributor, or

manufacturer will provide the sales information. If the

retailer is unable to receive the sales information by

electronic means, the distributor, importing distributor, or

manufacturer shall furnish the sales information by personal

delivery or by mail. For purposes of this paragraph, the term

"electronic means" includes, but is not limited to, the use of

a secure Internet website, e-mail, or facsimile.

If a total amount of less than $1 is payable, refundable or

creditable, such amount shall be disregarded if it is less

than 50 cents and shall be increased to $1 if it is 50 cents or

more.

Notwithstanding any other provision of this Act to the

contrary, retailers subject to tax on cannabis shall file all

cannabis tax returns and shall make all cannabis tax payments

by electronic means in the manner and form required by the

Department.

Beginning October 1, 1993, a taxpayer who has an average

monthly tax liability of $150,000 or more shall make all

payments required by rules of the Department by electronic

funds transfer. Beginning October 1, 1994, a taxpayer who has

an average monthly tax liability of $100,000 or more shall

make all payments required by rules of the Department by

electronic funds transfer. Beginning October 1, 1995, a

taxpayer who has an average monthly tax liability of $50,000

or more shall make all payments required by rules of the

Department by electronic funds transfer. Beginning October 1,

2000, a taxpayer who has an annual tax liability of $200,000 or

more shall make all payments required by rules of the

Department by electronic funds transfer. The term "annual tax

liability" shall be the sum of the taxpayer's liabilities

under this Act, and under all other State and local occupation

and use tax laws administered by the Department, for the

immediately preceding calendar year. The term "average monthly

tax liability" shall be the sum of the taxpayer's liabilities

under this Act, and under all other State and local occupation

and use tax laws administered by the Department, for the

immediately preceding calendar year divided by 12. Beginning

on October 1, 2002, a taxpayer who has a tax liability in the

amount set forth in subsection (b) of Section 2505-210 of the

Department of Revenue Law shall make all payments required by

rules of the Department by electronic funds transfer.

Before August 1 of each year beginning in 1993, the

Department shall notify all taxpayers required to make

payments by electronic funds transfer. All taxpayers required

to make payments by electronic funds transfer shall make those

payments for a minimum of one year beginning on October 1.

Any taxpayer not required to make payments by electronic

funds transfer may make payments by electronic funds transfer

with the permission of the Department.

All taxpayers required to make payment by electronic funds

transfer and any taxpayers authorized to voluntarily make

payments by electronic funds transfer shall make those

payments in the manner authorized by the Department.

The Department shall adopt such rules as are necessary to

effectuate a program of electronic funds transfer and the

requirements of this Section.

Any amount which is required to be shown or reported on any

return or other document under this Act shall, if such amount

is not a whole-dollar amount, be increased to the nearest

whole-dollar amount in any case where the fractional part of a

dollar is 50 cents or more, and decreased to the nearest

whole-dollar amount where the fractional part of a dollar is

less than 50 cents.

If the retailer is otherwise required to file a monthly

return and if the retailer's average monthly tax liability to

the Department does not exceed $200, the Department may

authorize his returns to be filed on a quarter annual basis,

with the return for January, February, and March of a given

year being due by April 20 of such year; with the return for

April, May, and June of a given year being due by July 20 of

such year; with the return for July, August, and September of a

given year being due by October 20 of such year, and with the

return for October, November, and December of a given year

being due by January 20 of the following year.

If the retailer is otherwise required to file a monthly or

quarterly return and if the retailer's average monthly tax

liability with the Department does not exceed $50, the

Department may authorize his returns to be filed on an annual

basis, with the return for a given year being due by January 20

of the following year.

Such quarter annual and annual returns, as to form and

substance, shall be subject to the same requirements as

monthly returns.

Notwithstanding any other provision in this Act concerning

the time within which a retailer may file his return, in the

case of any retailer who ceases to engage in a kind of business

which makes him responsible for filing returns under this Act,

such retailer shall file a final return under this Act with the

Department not more than one month after discontinuing such

business.

Where the same person has more than one business

registered with the Department under separate registrations

under this Act, such person may not file each return that is

due as a single return covering all such registered

businesses, but shall file separate returns for each such

registered business.

In addition, with respect to motor vehicles, watercraft,

aircraft, and trailers that are required to be registered with

an agency of this State, except as otherwise provided in this

Section, every retailer selling this kind of tangible personal

property shall file, with the Department, upon a form to be

prescribed and supplied by the Department, a separate return

for each such item of tangible personal property which the

retailer sells, except that if, in the same transaction, (i) a

retailer of aircraft, watercraft, motor vehicles, or trailers

transfers more than one aircraft, watercraft, motor vehicle,

or trailer to another aircraft, watercraft, motor vehicle

retailer, or trailer retailer for the purpose of resale or

(ii) a retailer of aircraft, watercraft, motor vehicles, or

trailers transfers more than one aircraft, watercraft, motor

vehicle, or trailer to a purchaser for use as a qualifying

rolling stock as provided in Section 2-5 of this Act, then that

seller may report the transfer of all aircraft, watercraft,

motor vehicles, or trailers involved in that transaction to

the Department on the same uniform invoice-transaction

reporting return form. For purposes of this Section,

"watercraft" means a Class 2, Class 3, or Class 4 watercraft as

defined in Section 3-2 of the Boat Registration and Safety

Act, a personal watercraft, or any boat equipped with an

inboard motor.

In addition, with respect to motor vehicles, watercraft,

aircraft, and trailers that are required to be registered with

an agency of this State, every person who is engaged in the

business of leasing or renting such items and who, in

connection with such business, sells any such item to a

retailer for the purpose of resale is, notwithstanding any

other provision of this Section to the contrary, authorized to

meet the return-filing requirement of this Act by reporting

the transfer of all the aircraft, watercraft, motor vehicles,

or trailers transferred for resale during a month to the

Department on the same uniform invoice-transaction reporting

return form on or before the 20th of the month following the

month in which the transfer takes place. Notwithstanding any

other provision of this Act to the contrary, all returns filed

under this paragraph must be filed by electronic means in the

manner and form as required by the Department.

Any retailer who sells only motor vehicles, watercraft,

aircraft, or trailers that are required to be registered with

an agency of this State, so that all retailers' occupation tax

liability is required to be reported, and is reported, on such

transaction reporting returns and who is not otherwise

required to file monthly or quarterly returns, need not file

monthly or quarterly returns. However, those retailers shall

be required to file returns on an annual basis.

The transaction reporting return, in the case of motor

vehicles or trailers that are required to be registered with

an agency of this State, shall be the same document as the

Uniform Invoice referred to in Section 5-402 of the Illinois

Vehicle Code and must show the name and address of the seller;

the name and address of the purchaser; the amount of the

selling price including the amount allowed by the retailer for

traded-in property, if any; the amount allowed by the retailer

for the traded-in tangible personal property, if any, to the

extent to which Section 1 of this Act allows an exemption for

the value of traded-in property; the balance payable after

deducting such trade-in allowance from the total selling

price; the amount of tax due from the retailer with respect to

such transaction; the amount of tax collected from the

purchaser by the retailer on such transaction (or satisfactory

evidence that such tax is not due in that particular instance,

if that is claimed to be the fact); the place and date of the

sale; a sufficient identification of the property sold; such

other information as is required in Section 5-402 of the

Illinois Vehicle Code, and such other information as the

Department may reasonably require.

The transaction reporting return in the case of watercraft

or aircraft must show the name and address of the seller; the

name and address of the purchaser; the amount of the selling

price including the amount allowed by the retailer for

traded-in property, if any; the amount allowed by the retailer

for the traded-in tangible personal property, if any, to the

extent to which Section 1 of this Act allows an exemption for

the value of traded-in property; the balance payable after

deducting such trade-in allowance from the total selling

price; the amount of tax due from the retailer with respect to

such transaction; the amount of tax collected from the

purchaser by the retailer on such transaction (or satisfactory

evidence that such tax is not due in that particular instance,

if that is claimed to be the fact); the place and date of the

sale, a sufficient identification of the property sold, and

such other information as the Department may reasonably

require.

Such transaction reporting return shall be filed not later

than 20 days after the day of delivery of the item that is

being sold, but may be filed by the retailer at any time sooner

than that if he chooses to do so. The transaction reporting

return and tax remittance or proof of exemption from the

Illinois use tax may be transmitted to the Department by way of

the State agency with which, or State officer with whom the

tangible personal property must be titled or registered (if

titling or registration is required) if the Department and

such agency or State officer determine that this procedure

will expedite the processing of applications for title or

registration.

With each such transaction reporting return, the retailer

shall remit the proper amount of tax due (or shall submit

satisfactory evidence that the sale is not taxable if that is

the case), to the Department or its agents, whereupon the

Department shall issue, in the purchaser's name, a use tax

receipt (or a certificate of exemption if the Department is

satisfied that the particular sale is tax exempt) which such

purchaser may submit to the agency with which, or State

officer with whom, he must title or register the tangible

personal property that is involved (if titling or registration

is required) in support of such purchaser's application for an

Illinois certificate or other evidence of title or

registration to such tangible personal property.

No retailer's failure or refusal to remit tax under this

Act precludes a user, who has paid the proper tax to the

retailer, from obtaining his certificate of title or other

evidence of title or registration (if titling or registration

is required) upon satisfying the Department that such user has

paid the proper tax (if tax is due) to the retailer. The

Department shall adopt appropriate rules to carry out the

mandate of this paragraph.

If the user who would otherwise pay tax to the retailer

wants the transaction reporting return filed and the payment

of the tax or proof of exemption made to the Department before

the retailer is willing to take these actions and such user has

not paid the tax to the retailer, such user may certify to the

fact of such delay by the retailer and may (upon the Department

being satisfied of the truth of such certification) transmit

the information required by the transaction reporting return

and the remittance for tax or proof of exemption directly to

the Department and obtain his tax receipt or exemption

determination, in which event the transaction reporting return

and tax remittance (if a tax payment was required) shall be

credited by the Department to the proper retailer's account

with the Department, but without the 2.1% or 1.75% discount

provided for in this Section being allowed. When the user pays

the tax directly to the Department, he shall pay the tax in the

same amount and in the same form in which it would be remitted

if the tax had been remitted to the Department by the retailer.

Refunds made by the seller during the preceding return

period to purchasers, on account of tangible personal property

returned to the seller, shall be allowed as a deduction under

subdivision 5 of his monthly or quarterly return, as the case

may be, in case the seller had theretofore included the

receipts from the sale of such tangible personal property in a

return filed by him and had paid the tax imposed by this Act

with respect to such receipts.

Where the seller is a corporation, the return filed on

behalf of such corporation shall be signed by the president,

vice-president, secretary, or treasurer or by the properly

accredited agent of such corporation.

Where the seller is a limited liability company, the

return filed on behalf of the limited liability company shall

be signed by a manager, member, or properly accredited agent

of the limited liability company.

Except as provided in this Section, the retailer filing

the return under this Section shall, at the time of filing such

return, pay to the Department the amount of tax imposed by this

Act less a discount of 2.1% prior to January 1, 1990 and 1.75%

on and after January 1, 1990, or $5 per calendar year,

whichever is greater, which is allowed to reimburse the

retailer for the expenses incurred in keeping records,

preparing and filing returns, remitting the tax and supplying

data to the Department on request. On and after January 1,

2021, a certified service provider, as defined in the Leveling

the Playing Field for Illinois Retail Act, filing the return

under this Section on behalf of a remote retailer shall, at the

time of such return, pay to the Department the amount of tax

imposed by this Act less a discount of 1.75%. A remote retailer

using a certified service provider to file a return on its

behalf, as provided in the Leveling the Playing Field for

Illinois Retail Act, is not eligible for the discount. When

determining the discount allowed under this Section, retailers

shall include the amount of tax that would have been due at the

1% rate but for the 0% rate imposed under Public Act 102-700.

When determining the discount allowed under this Section,

retailers shall include the amount of tax that would have been

due at the 6.25% rate but for the 1.25% rate imposed on sales

tax holiday items under Public Act 102-700. The discount under

this Section is not allowed for the 1.25% portion of taxes paid

on aviation fuel that is subject to the revenue use

requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. Any

prepayment made pursuant to Section 2d of this Act shall be

included in the amount on which such 2.1% or 1.75% discount is

computed. In the case of retailers who report and pay the tax

on a transaction by transaction basis, as provided in this

Section, such discount shall be taken with each such tax

remittance instead of when such retailer files his periodic

return. The discount allowed under this Section is allowed

only for returns that are filed in the manner required by this

Act. The Department may disallow the discount for retailers

whose certificate of registration is revoked at the time the

return is filed, but only if the Department's decision to

revoke the certificate of registration has become final.

Before October 1, 2000, if the taxpayer's average monthly

tax liability to the Department under this Act, the Use Tax

Act, the Service Occupation Tax Act, and the Service Use Tax

Act, excluding any liability for prepaid sales tax to be

remitted in accordance with Section 2d of this Act, was

$10,000 or more during the preceding 4 complete calendar

quarters, he shall file a return with the Department each

month by the 20th day of the month next following the month

during which such tax liability is incurred and shall make

payments to the Department on or before the 7th, 15th, 22nd and

last day of the month during which such liability is incurred.

On and after October 1, 2000, if the taxpayer's average

monthly tax liability to the Department under this Act, the

Use Tax Act, the Service Occupation Tax Act, and the Service

Use Tax Act, excluding any liability for prepaid sales tax to

be remitted in accordance with Section 2d of this Act, was

$20,000 or more during the preceding 4 complete calendar

quarters, he shall file a return with the Department each

month by the 20th day of the month next following the month

during which such tax liability is incurred and shall make

payment to the Department on or before the 7th, 15th, 22nd and

last day of the month during which such liability is incurred.

If the month during which such tax liability is incurred began

prior to January 1, 1985, each payment shall be in an amount

equal to 1/4 of the taxpayer's actual liability for the month

or an amount set by the Department not to exceed 1/4 of the

average monthly liability of the taxpayer to the Department

for the preceding 4 complete calendar quarters (excluding the

month of highest liability and the month of lowest liability

in such 4 quarter period). If the month during which such tax

liability is incurred begins on or after January 1, 1985 and

prior to January 1, 1987, each payment shall be in an amount

equal to 22.5% of the taxpayer's actual liability for the

month or 27.5% of the taxpayer's liability for the same

calendar month of the preceding year. If the month during

which such tax liability is incurred begins on or after

January 1, 1987 and prior to January 1, 1988, each payment

shall be in an amount equal to 22.5% of the taxpayer's actual

liability for the month or 26.25% of the taxpayer's liability

for the same calendar month of the preceding year. If the month

during which such tax liability is incurred begins on or after

January 1, 1988, and prior to January 1, 1989, or begins on or

after January 1, 1996, each payment shall be in an amount equal

to 22.5% of the taxpayer's actual liability for the month or

25% of the taxpayer's liability for the same calendar month of

the preceding year. If the month during which such tax

liability is incurred begins on or after January 1, 1989, and

prior to January 1, 1996, each payment shall be in an amount

equal to 22.5% of the taxpayer's actual liability for the

month or 25% of the taxpayer's liability for the same calendar

month of the preceding year or 100% of the taxpayer's actual

liability for the quarter monthly reporting period. The amount

of such quarter monthly payments shall be credited against the

final tax liability of the taxpayer's return for that month.

Before October 1, 2000, once applicable, the requirement of

the making of quarter monthly payments to the Department by

taxpayers having an average monthly tax liability of $10,000

or more as determined in the manner provided above shall

continue until such taxpayer's average monthly liability to

the Department during the preceding 4 complete calendar

quarters (excluding the month of highest liability and the

month of lowest liability) is less than $9,000, or until such

taxpayer's average monthly liability to the Department as

computed for each calendar quarter of the 4 preceding complete

calendar quarter period is less than $10,000. However, if a

taxpayer can show the Department that a substantial change in

the taxpayer's business has occurred which causes the taxpayer

to anticipate that his average monthly tax liability for the

reasonably foreseeable future will fall below the $10,000

threshold stated above, then such taxpayer may petition the

Department for a change in such taxpayer's reporting status.

On and after October 1, 2000, once applicable, the requirement

of the making of quarter monthly payments to the Department by

taxpayers having an average monthly tax liability of $20,000

or more as determined in the manner provided above shall

continue until such taxpayer's average monthly liability to

the Department during the preceding 4 complete calendar

quarters (excluding the month of highest liability and the

month of lowest liability) is less than $19,000 or until such

taxpayer's average monthly liability to the Department as

computed for each calendar quarter of the 4 preceding complete

calendar quarter period is less than $20,000. However, if a

taxpayer can show the Department that a substantial change in

the taxpayer's business has occurred which causes the taxpayer

to anticipate that his average monthly tax liability for the

reasonably foreseeable future will fall below the $20,000

threshold stated above, then such taxpayer may petition the

Department for a change in such taxpayer's reporting status.

The Department shall change such taxpayer's reporting status

unless it finds that such change is seasonal in nature and not

likely to be long term. Quarter monthly payment status shall

be determined under this paragraph as if the rate reduction to

0% in Public Act 102-700 on food for human consumption that is

to be consumed off the premises where it is sold (other than

alcoholic beverages, food consisting of or infused with adult

use cannabis, soft drinks, and food that has been prepared for

immediate consumption) had not occurred. For quarter monthly

payments due under this paragraph on or after July 1, 2023 and

through June 30, 2024, "25% of the taxpayer's liability for

the same calendar month of the preceding year" shall be

determined as if the rate reduction to 0% in Public Act 102-700

had not occurred. Quarter monthly payment status shall be

determined under this paragraph as if the rate reduction to

1.25% in Public Act 102-700 on sales tax holiday items had not

occurred. For quarter monthly payments due on or after July 1,

2023 and through June 30, 2024, "25% of the taxpayer's

liability for the same calendar month of the preceding year"

shall be determined as if the rate reduction to 1.25% in Public

Act 102-700 on sales tax holiday items had not occurred. If any

such quarter monthly payment is not paid at the time or in the

amount required by this Section, then the taxpayer shall be

liable for penalties and interest on the difference between

the minimum amount due as a payment and the amount of such

quarter monthly payment actually and timely paid, except

insofar as the taxpayer has previously made payments for that

month to the Department in excess of the minimum payments

previously due as provided in this Section. The Department

shall make reasonable rules and regulations to govern the

quarter monthly payment amount and quarter monthly payment

dates for taxpayers who file on other than a calendar monthly

basis.

The provisions of this paragraph apply before October 1,

2001. Without regard to whether a taxpayer is required to make

quarter monthly payments as specified above, any taxpayer who

is required by Section 2d of this Act to collect and remit

prepaid taxes and has collected prepaid taxes which average in

excess of $25,000 per month during the preceding 2 complete

calendar quarters, shall file a return with the Department as

required by Section 2f and shall make payments to the

Department on or before the 7th, 15th, 22nd and last day of the

month during which such liability is incurred. If the month

during which such tax liability is incurred began prior to

September 1, 1985 (the effective date of Public Act 84-221),

each payment shall be in an amount not less than 22.5% of the

taxpayer's actual liability under Section 2d. If the month

during which such tax liability is incurred begins on or after

January 1, 1986, each payment shall be in an amount equal to

22.5% of the taxpayer's actual liability for the month or

27.5% of the taxpayer's liability for the same calendar month

of the preceding calendar year. If the month during which such

tax liability is incurred begins on or after January 1, 1987,

each payment shall be in an amount equal to 22.5% of the

taxpayer's actual liability for the month or 26.25% of the

taxpayer's liability for the same calendar month of the

preceding year. The amount of such quarter monthly payments

shall be credited against the final tax liability of the

taxpayer's return for that month filed under this Section or

Section 2f, as the case may be. Once applicable, the

requirement of the making of quarter monthly payments to the

Department pursuant to this paragraph shall continue until

such taxpayer's average monthly prepaid tax collections during

the preceding 2 complete calendar quarters is $25,000 or less.

If any such quarter monthly payment is not paid at the time or

in the amount required, the taxpayer shall be liable for

penalties and interest on such difference, except insofar as

the taxpayer has previously made payments for that month in

excess of the minimum payments previously due.

The provisions of this paragraph apply on and after

October 1, 2001. Without regard to whether a taxpayer is

required to make quarter monthly payments as specified above,

any taxpayer who is required by Section 2d of this Act to

collect and remit prepaid taxes and has collected prepaid

taxes that average in excess of $20,000 per month during the

preceding 4 complete calendar quarters shall file a return

with the Department as required by Section 2f and shall make

payments to the Department on or before the 7th, 15th, 22nd,

and last day of the month during which the liability is

incurred. Each payment shall be in an amount equal to 22.5% of

the taxpayer's actual liability for the month or 25% of the

taxpayer's liability for the same calendar month of the

preceding year. The amount of the quarter monthly payments

shall be credited against the final tax liability of the

taxpayer's return for that month filed under this Section or

Section 2f, as the case may be. Once applicable, the

requirement of the making of quarter monthly payments to the

Department pursuant to this paragraph shall continue until the

taxpayer's average monthly prepaid tax collections during the

preceding 4 complete calendar quarters (excluding the month of

highest liability and the month of lowest liability) is less

than $19,000 or until such taxpayer's average monthly

liability to the Department as computed for each calendar

quarter of the 4 preceding complete calendar quarters is less

than $20,000. If any such quarter monthly payment is not paid

at the time or in the amount required, the taxpayer shall be

liable for penalties and interest on such difference, except

insofar as the taxpayer has previously made payments for that

month in excess of the minimum payments previously due.

If any payment provided for in this Section exceeds the

taxpayer's liabilities under this Act, the Use Tax Act, the

Service Occupation Tax Act, and the Service Use Tax Act, as

shown on an original monthly return, the Department shall, if

requested by the taxpayer, issue to the taxpayer a credit

memorandum no later than 30 days after the date of payment. The

credit evidenced by such credit memorandum may be assigned by

the taxpayer to a similar taxpayer under this Act, the Use Tax

Act, the Service Occupation Tax Act, or the Service Use Tax

Act, in accordance with reasonable rules and regulations to be

prescribed by the Department. If no such request is made, the

taxpayer may credit such excess payment against tax liability

subsequently to be remitted to the Department under this Act,

the Use Tax Act, the Service Occupation Tax Act, or the Service

Use Tax Act, in accordance with reasonable rules and

regulations prescribed by the Department. If the Department

subsequently determined that all or any part of the credit

taken was not actually due to the taxpayer, the taxpayer's

2.1% and 1.75% vendor's discount shall be reduced by 2.1% or

1.75% of the difference between the credit taken and that

actually due, and that taxpayer shall be liable for penalties

and interest on such difference.

If a retailer of motor fuel is entitled to a credit under

Section 2d of this Act which exceeds the taxpayer's liability

to the Department under this Act for the month for which the

taxpayer is filing a return, the Department shall issue the

taxpayer a credit memorandum for the excess.

Beginning January 1, 1990, each month the Department shall

pay into the Local Government Tax Fund, a special fund in the

State treasury which is hereby created, the net revenue

realized for the preceding month from the 1% tax imposed under

this Act.

Beginning January 1, 1990, each month the Department shall

pay into the County and Mass Transit District Fund, a special

fund in the State treasury which is hereby created, 4% of the

net revenue realized for the preceding month from the 6.25%

general rate other than aviation fuel sold on or after

December 1, 2019. This exception for aviation fuel only

applies for so long as the revenue use requirements of 49

U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.

Beginning August 1, 2000, each month the Department shall

pay into the County and Mass Transit District Fund 20% of the

net revenue realized for the preceding month from the 1.25%

rate on the selling price of motor fuel and gasohol. If, in any

month, the tax on sales tax holiday items, as defined in

Section 2-8, is imposed at the rate of 1.25%, then the

Department shall pay 20% of the net revenue realized for that

month from the 1.25% rate on the selling price of sales tax

holiday items into the County and Mass Transit District Fund.

Beginning January 1, 1990, each month the Department shall

pay into the Local Government Tax Fund 16% of the net revenue

realized for the preceding month from the 6.25% general rate

on the selling price of tangible personal property other than

aviation fuel sold on or after December 1, 2019. This

exception for aviation fuel only applies for so long as the

revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

47133 are binding on the State.

For aviation fuel sold on or after December 1, 2019, each

month the Department shall pay into the State Aviation Program

Fund 20% of the net revenue realized for the preceding month

from the 6.25% general rate on the selling price of aviation

fuel, less an amount estimated by the Department to be

required for refunds of the 20% portion of the tax on aviation

fuel under this Act, which amount shall be deposited into the

Aviation Fuel Sales Tax Refund Fund. The Department shall only

pay moneys into the State Aviation Program Fund and the

Aviation Fuel Sales Tax Refund Fund under this Act for so long

as the revenue use requirements of 49 U.S.C. 47107(b) and 49

U.S.C. 47133 are binding on the State.

Beginning August 1, 2000, each month the Department shall

pay into the Local Government Tax Fund 80% of the net revenue

realized for the preceding month from the 1.25% rate on the

selling price of motor fuel and gasohol. If, in any month, the

tax on sales tax holiday items, as defined in Section 2-8, is

imposed at the rate of 1.25%, then the Department shall pay 80%

of the net revenue realized for that month from the 1.25% rate

on the selling price of sales tax holiday items into the Local

Government Tax Fund.

Beginning October 1, 2009, each month the Department shall

pay into the Capital Projects Fund an amount that is equal to

an amount estimated by the Department to represent 80% of the

net revenue realized for the preceding month from the sale of

candy, grooming and hygiene products, and soft drinks that had

been taxed at a rate of 1% prior to September 1, 2009 but that

are now taxed at 6.25%.

Beginning July 1, 2011, each month the Department shall

pay into the Clean Air Act Permit Fund 80% of the net revenue

realized for the preceding month from the 6.25% general rate

on the selling price of sorbents used in Illinois in the

process of sorbent injection as used to comply with the

Environmental Protection Act or the federal Clean Air Act, but

the total payment into the Clean Air Act Permit Fund under this

Act and the Use Tax Act shall not exceed $2,000,000 in any

fiscal year.

Beginning July 1, 2013, each month the Department shall

pay into the Underground Storage Tank Fund from the proceeds

collected under this Act, the Use Tax Act, the Service Use Tax

Act, and the Service Occupation Tax Act an amount equal to the

average monthly deficit in the Underground Storage Tank Fund

during the prior year, as certified annually by the Illinois

Environmental Protection Agency, but the total payment into

the Underground Storage Tank Fund under this Act, the Use Tax

Act, the Service Use Tax Act, and the Service Occupation Tax

Act shall not exceed $18,000,000 in any State fiscal year. As

used in this paragraph, the "average monthly deficit" shall be

equal to the difference between the average monthly claims for

payment by the fund and the average monthly revenues deposited

into the fund, excluding payments made pursuant to this

paragraph.

Beginning July 1, 2015, of the remainder of the moneys

received by the Department under the Use Tax Act, the Service

Use Tax Act, the Service Occupation Tax Act, and this Act, each

month the Department shall deposit $500,000 into the State

Crime Laboratory Fund.

Of the remainder of the moneys received by the Department

pursuant to this Act, (a) 1.75% thereof shall be paid into the

Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

and after July 1, 1989, 3.8% thereof shall be paid into the

Build Illinois Fund; provided, however, that if in any fiscal

year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

may be, of the moneys received by the Department and required

to be paid into the Build Illinois Fund pursuant to this Act,

Section 9 of the Use Tax Act, Section 9 of the Service Use Tax

Act, and Section 9 of the Service Occupation Tax Act, such Acts

being hereinafter called the "Tax Acts" and such aggregate of

2.2% or 3.8%, as the case may be, of moneys being hereinafter

called the "Tax Act Amount", and (2) the amount transferred to

the Build Illinois Fund from the State and Local Sales Tax

Reform Fund shall be less than the Annual Specified Amount (as

hereinafter defined), an amount equal to the difference shall

be immediately paid into the Build Illinois Fund from other

moneys received by the Department pursuant to the Tax Acts;

the "Annual Specified Amount" means the amounts specified

below for fiscal years 1986 through 1993:

Fiscal Year Annual Specified Amount 1986 $54,800,000 1987 $76,650,000 1988 $80,480,000 1989 $88,510,000 1990 $115,330,000 1991 $145,470,000 1992 $182,730,000 1993 $206,520,000;

and means the Certified Annual Debt Service Requirement (as

defined in Section 13 of the Build Illinois Bond Act) or the

Tax Act Amount, whichever is greater, for fiscal year 1994 and

each fiscal year thereafter; and further provided, that if on

the last business day of any month the sum of (1) the Tax Act

Amount required to be deposited into the Build Illinois Bond

Account in the Build Illinois Fund during such month and (2)

the amount transferred to the Build Illinois Fund from the

State and Local Sales Tax Reform Fund shall have been less than

1/12 of the Annual Specified Amount, an amount equal to the

difference shall be immediately paid into the Build Illinois

Fund from other moneys received by the Department pursuant to

the Tax Acts; and, further provided, that in no event shall the

payments required under the preceding proviso result in

aggregate payments into the Build Illinois Fund pursuant to

this clause (b) for any fiscal year in excess of the greater of

(i) the Tax Act Amount or (ii) the Annual Specified Amount for

such fiscal year. The amounts payable into the Build Illinois

Fund under clause (b) of the first sentence in this paragraph

shall be payable only until such time as the aggregate amount

on deposit under each trust indenture securing Bonds issued

and outstanding pursuant to the Build Illinois Bond Act is

sufficient, taking into account any future investment income,

to fully provide, in accordance with such indenture, for the

defeasance of or the payment of the principal of, premium, if

any, and interest on the Bonds secured by such indenture and on

any Bonds expected to be issued thereafter and all fees and

costs payable with respect thereto, all as certified by the

Director of the Bureau of the Budget (now Governor's Office of

Management and Budget). If on the last business day of any

month in which Bonds are outstanding pursuant to the Build

Illinois Bond Act, the aggregate of moneys deposited in the

Build Illinois Bond Account in the Build Illinois Fund in such

month shall be less than the amount required to be transferred

in such month from the Build Illinois Bond Account to the Build

Illinois Bond Retirement and Interest Fund pursuant to Section

13 of the Build Illinois Bond Act, an amount equal to such

deficiency shall be immediately paid from other moneys

received by the Department pursuant to the Tax Acts to the

Build Illinois Fund; provided, however, that any amounts paid

to the Build Illinois Fund in any fiscal year pursuant to this

sentence shall be deemed to constitute payments pursuant to

clause (b) of the first sentence of this paragraph and shall

reduce the amount otherwise payable for such fiscal year

pursuant to that clause (b). The moneys received by the

Department pursuant to this Act and required to be deposited

into the Build Illinois Fund are subject to the pledge, claim

and charge set forth in Section 12 of the Build Illinois Bond

Act.

Subject to payment of amounts into the Build Illinois Fund

as provided in the preceding paragraph or in any amendment

thereto hereafter enacted, the following specified monthly

installment of the amount requested in the certificate of the

Chairman of the Metropolitan Pier and Exposition Authority

provided under Section 8.25f of the State Finance Act, but not

in excess of sums designated as "Total Deposit", shall be

deposited in the aggregate from collections under Section 9 of

the Use Tax Act, Section 9 of the Service Use Tax Act, Section

9 of the Service Occupation Tax Act, and Section 3 of the

Retailers' Occupation Tax Act into the McCormick Place

Expansion Project Fund in the specified fiscal years.

Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000

1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 300,000,000 2022 300,000,000

2023 300,000,000 2024 300,000,000 2025 300,000,000 2026 300,000,000 2027 375,000,000 2028 375,000,000 2029 375,000,000 2030 375,000,000 2031 375,000,000 2032 375,000,000 2033 375,000,000 2034 375,000,000 2035 375,000,000 2036 450,000,000 and each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2060.

Beginning July 20, 1993 and in each month of each fiscal

year thereafter, one-eighth of the amount requested in the

certificate of the Chairman of the Metropolitan Pier and

Exposition Authority for that fiscal year, less the amount

deposited into the McCormick Place Expansion Project Fund by

the State Treasurer in the respective month under subsection

(g) of Section 13 of the Metropolitan Pier and Exposition

Authority Act, plus cumulative deficiencies in the deposits

required under this Section for previous months and years,

shall be deposited into the McCormick Place Expansion Project

Fund, until the full amount requested for the fiscal year, but

not in excess of the amount specified above as "Total

Deposit", has been deposited.

Subject to payment of amounts into the Capital Projects

Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,

and the McCormick Place Expansion Project Fund pursuant to the

preceding paragraphs or in any amendments thereto hereafter

enacted, for aviation fuel sold on or after December 1, 2019,

the Department shall each month deposit into the Aviation Fuel

Sales Tax Refund Fund an amount estimated by the Department to

be required for refunds of the 80% portion of the tax on

aviation fuel under this Act. The Department shall only

deposit moneys into the Aviation Fuel Sales Tax Refund Fund

under this paragraph for so long as the revenue use

requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

binding on the State.

Subject to payment of amounts into the Build Illinois Fund

and the McCormick Place Expansion Project Fund pursuant to the

preceding paragraphs or in any amendments thereto hereafter

enacted, beginning July 1, 1993 and ending on September 30,

2013, the Department shall each month pay into the Illinois

Tax Increment Fund 0.27% of 80% of the net revenue realized for

the preceding month from the 6.25% general rate on the selling

price of tangible personal property.

Subject to payment of amounts into the Build Illinois

Fund, the McCormick Place Expansion Project Fund, and the

Illinois Tax Increment 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, 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,

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, 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,

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, and the Tax Compliance and Administration Fund

as provided in this Section, the Department shall pay each

month into the Road Fund the amount estimated to represent 80%

of the net revenue realized from the taxes imposed on motor

fuel and gasohol. As used in this paragraph "motor fuel" has

the meaning given to that term in Section 1.1 of the Motor Fuel

Tax Law, and "gasohol" has the meaning given to that term in

Section 3-40 of the Use Tax Act.

Of the remainder of the moneys received by the Department

pursuant to this Act, 75% thereof shall be paid into the State

treasury 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

Federal income tax return. If the total receipts of the

business as reported in the federal 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, or 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. 102-634, eff. 8-27-21; 102-700, Article 60,

Section 60-30, eff. 4-19-22; 102-700, Article 65, Section

65-10, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1019, eff.

1-1-23; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-363,

eff. 7-28-23; revised 9-27-23.)

Section 210. The Cigarette Tax Act is amended by changing

Section 2 as follows:

(35 ILCS 130/2) (from Ch. 120, par. 453.2)

Sec. 2. Tax imposed; rate; collection, payment, and

distribution; discount.

(a) Beginning on July 1, 2019, in place of the aggregate

tax rate of 99 mills previously imposed by this Act, a tax is

imposed upon any person engaged in business as a retailer of

cigarettes at the rate of 149 mills per cigarette sold or

otherwise disposed of in the course of such business in this

State.

(b) The payment of such taxes shall be evidenced by a stamp

affixed to each original package of cigarettes, or an

authorized substitute for such stamp imprinted on each

original package of such cigarettes underneath the sealed

transparent outside wrapper of such original package, as

hereinafter provided. However, such taxes are not imposed upon

any activity in such business in interstate commerce or

otherwise, which activity may not under the Constitution and

statutes of the United States be made the subject of taxation

by this State.

Out of the 149 mills per cigarette tax imposed by

subsection (a), until July 1, 2023, the revenues received from

4 mills shall be paid into the Common School Fund each month,

not to exceed $9,000,000 per month. Out of the 149 mills per

cigarette tax imposed by subsection (a), until July 1, 2023,

all of the revenues received from 7 mills shall be paid into

the Common School Fund each month. Out of the 149 mills per

cigarette tax imposed by subsection (a), until July 1, 2023,

50 mills per cigarette each month shall be paid into the

Healthcare Provider Relief Fund.

Beginning on July 1, 2006 and until July 1, 2023, all of

the moneys received by the Department of Revenue pursuant to

this Act and the Cigarette Use Tax Act, other than the moneys

that are dedicated to the Common School Fund and, beginning on

June 14, 2012 (the effective date of Public Act 97-688) this

amendatory Act of the 97th General Assembly, other than the

moneys from the additional taxes imposed by Public Act 97-688

this amendatory Act of the 97th General Assembly that must be

paid each month into the Healthcare Provider Relief Fund, and

other than the moneys from the additional taxes imposed by

Public Act 101-31 this amendatory Act of the 101st General

Assembly that must be paid each month under subsection (c),

shall be distributed each month as follows: first, there shall

be paid into the General Revenue Fund an amount that, when

added to the amount paid into the Common School Fund for that

month, equals $29,200,000; then, from the moneys remaining, if

any amounts required to be paid into the General Revenue Fund

in previous months remain unpaid, those amounts shall be paid

into the General Revenue Fund; then from the moneys remaining,

$5,000,000 per month shall be paid into the School

Infrastructure Fund; then, if any amounts required to be paid

into the School Infrastructure Fund in previous months remain

unpaid, those amounts shall be paid into the School

Infrastructure Fund; then the moneys remaining, if any, shall

be paid into the Long-Term Care Provider Fund. Any amounts

required to be paid into the General Revenue Fund, the School

Infrastructure Fund, the Long-Term Care Provider Fund, the

Common School Fund, the Capital Projects Fund, or the

Healthcare Provider Relief Fund under this subsection that

remain unpaid as of July 1, 2023 shall be deemed satisfied on

that date, eliminating any deficiency accrued through that

date.

(c) Beginning on July 1, 2019 and until July 1, 2023, all

of the moneys from the additional taxes imposed by Public Act

101-31, except for moneys received from the tax on electronic

cigarettes, received by the Department of Revenue pursuant to

this Act, the Cigarette Use Tax Act, and the Tobacco Products

Tax Act of 1995 shall be distributed each month into the

Capital Projects Fund.

(c-5) Beginning on July 1, 2023, all of the moneys

received by the Department of Revenue pursuant to (i) this

Act, (ii) the Cigarette Use Tax Act, and (iii) the tax imposed

on little cigars under Section 10-10 of the Tobacco Products

Tax Act of 1995 shall be paid each month as follows:

(1) 7% into the Common School Fund;

(2) 34% into the Healthcare Provider Relief Fund;

(3) 34% into the Capital Projects Fund; and

(4) 25% into the General Revenue Fund.

(d) Until July 1, 2023, except for moneys received from

the additional taxes imposed by Public Act 101-31, moneys

collected from the tax imposed on little cigars under Section

10-10 of the Tobacco Products Tax Act of 1995 shall be included

with the moneys collected under the Cigarette Tax Act and the

Cigarette Use Tax Act when making distributions to the Common

School Fund, the Healthcare Provider Relief Fund, the General

Revenue Fund, the School Infrastructure Fund, and the

Long-Term Care Provider Fund under this Section. Any amounts,

including moneys collected from the tax imposed on little

cigars under Section 10-10 of the Tobacco Products Tax Act of

1995, that are required to be paid into the General Revenue

Fund, the School Infrastructure Fund, the Long-Term Care

Provider Fund, the Common School Fund, the Capital Projects

Fund, or the Healthcare Provider Relief Fund under subsection

(b) that remain unpaid as of July 1, 2023 shall be deemed

satisfied on that date, eliminating any deficiency accrued

through that date. Beginning on July 1, 2023, moneys collected

from the tax imposed on little cigars under Section 10-10 of

the Tobacco Products Tax Act of 1995 shall be included with the

moneys collected under the Cigarette Tax Act and the Cigarette

Use Tax Act when making distributions under subsection

subsections (c-5).

(e) If the tax imposed herein terminates or has

terminated, distributors who have bought stamps while such tax

was in effect and who therefore paid such tax, but who can

show, to the Department's satisfaction, that they sold the

cigarettes to which they affixed such stamps after such tax

had terminated and did not recover the tax or its equivalent

from purchasers, shall be allowed by the Department to take

credit for such absorbed tax against subsequent tax stamp

purchases from the Department by such distributor.

(f) The impact of the tax levied by this Act is imposed

upon the retailer and shall be prepaid or pre-collected by the

distributor for the purpose of convenience and facility only,

and the amount of the tax shall be added to the price of the

cigarettes sold by such distributor. Collection of the tax

shall be evidenced by a stamp or stamps affixed to each

original package of cigarettes, as hereinafter provided. Any

distributor who purchases stamps may credit any excess

payments verified by the Department against amounts

subsequently due for the purchase of additional stamps, until

such time as no excess payment remains.

(g) Each distributor shall collect the tax from the

retailer at or before the time of the sale, shall affix the

stamps as hereinafter required, and shall remit the tax

collected from retailers to the Department, as hereinafter

provided. Any distributor who fails to properly collect and

pay the tax imposed by this Act shall be liable for the tax.

(h) Any distributor having cigarettes in his or her

possession on July 1, 2019 to which tax stamps have been

affixed, and any distributor having stamps in his or her

possession on July 1, 2019 that have not been affixed to

packages of cigarettes before July 1, 2019, is required to pay

the additional tax that begins on July 1, 2019 imposed by

Public Act 101-31 this amendatory Act of the 101st General

Assembly to the extent that the volume of affixed and

unaffixed stamps in the distributor's possession on July 1,

2019 exceeds the average monthly volume of cigarette stamps

purchased by the distributor in calendar year 2018. This

payment, less the discount provided in subsection (l), is due

when the distributor first makes a purchase of cigarette

stamps on or after July 1, 2019 or on the first due date of a

return under this Act occurring on or after July 1, 2019,

whichever occurs first. Those distributors may elect to pay

the additional tax on packages of cigarettes to which stamps

have been affixed and on any stamps in the distributor's

possession that have not been affixed to packages of

cigarettes in their possession on July 1, 2019 over a period

not to exceed 12 months from the due date of the additional tax

by notifying the Department in writing. The first payment for

distributors making such election is due when the distributor

first makes a purchase of cigarette tax stamps on or after July

1, 2019 or on the first due date of a return under this Act

occurring on or after July 1, 2019, whichever occurs first.

Distributors making such an election are not entitled to take

the discount provided in subsection (l) on such payments.

(i) Any retailer having cigarettes in its possession on

July 1, 2019 to which tax stamps have been affixed is not

required to pay the additional tax that begins on July 1, 2019

imposed by Public Act 101-31 this amendatory Act of the 101st

General Assembly on those stamped cigarettes.

(j) Distributors making sales of cigarettes to secondary

distributors shall add the amount of the tax to the price of

the cigarettes sold by the distributors. Secondary

distributors making sales of cigarettes to retailers shall

include the amount of the tax in the price of the cigarettes

sold to retailers. The amount of tax shall not be less than the

amount of taxes imposed by the State and all local

jurisdictions. The amount of local taxes shall be calculated

based on the location of the retailer's place of business

shown on the retailer's certificate of registration or

sub-registration issued to the retailer pursuant to Section 2a

of the Retailers' Occupation Tax Act. The original packages of

cigarettes sold to the retailer shall bear all the required

stamps, or other indicia, for the taxes included in the price

of cigarettes.

(k) The amount of the Cigarette Tax imposed by this Act

shall be separately stated, apart from the price of the goods,

by distributors, manufacturer representatives, secondary

distributors, and retailers, in all bills and sales invoices.

(l) The distributor shall be required to collect the tax

provided under subsection (a) paragraph (a) hereof, and, to

cover the costs of such collection, shall be allowed a

discount during any year commencing July 1st and ending the

following June 30th in accordance with the schedule set out

hereinbelow, which discount shall be allowed at the time of

purchase of the stamps when purchase is required by this Act,

or at the time when the tax is remitted to the Department

without the purchase of stamps from the Department when that

method of paying the tax is required or authorized by this Act.

On and after December 1, 1985, a discount equal to 1.75% of

the amount of the tax payable under this Act up to and

including the first $3,000,000 paid hereunder by such

distributor to the Department during any such year and 1.5% of

the amount of any additional tax paid hereunder by such

distributor to the Department during any such year shall

apply.

Two or more distributors that use a common means of

affixing revenue tax stamps or that are owned or controlled by

the same interests shall be treated as a single distributor

for the purpose of computing the discount.

(m) The taxes herein imposed are in addition to all other

occupation or privilege taxes imposed by the State of

Illinois, or by any political subdivision thereof, or by any

municipal corporation.

(Source: P.A. 103-9, eff. 6-7-23; revised 9-28-23.)

Section 215. The Uniform Penalty and Interest Act is

amended by changing Section 3-3 as follows:

(35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)

Sec. 3-3. Penalty for failure to file or pay.

(a) This subsection (a) is applicable before January 1,

1996. A penalty of 5% of the tax required to be shown due on a

return shall be imposed for failure to file the tax return on

or before the due date prescribed for filing determined with

regard for any extension of time for filing (penalty for late

filing or nonfiling). If any unprocessable return is corrected

and filed within 21 days after notice by the Department, the

late filing or nonfiling penalty shall not apply. If a penalty

for late filing or nonfiling is imposed in addition to a

penalty for late payment, the total penalty due shall be the

sum of the late filing penalty and the applicable late payment

penalty. Beginning on August 18, 1995 (the effective date of

Public Act 89-379) this amendatory Act of 1995, in the case of

any type of tax return required to be filed more frequently

than annually, when the failure to file the tax return on or

before the date prescribed for filing (including any

extensions) is shown to be nonfraudulent and has not occurred

in the 2 years immediately preceding the failure to file on the

prescribed due date, the penalty imposed by Section 3-3(a)

shall be abated.

(a-5) This subsection (a-5) is applicable to returns due

on and after January 1, 1996 and on or before December 31,

2000. A penalty equal to 2% of the tax required to be shown due

on a return, up to a maximum amount of $250, determined without

regard to any part of the tax that is paid on time or by any

credit that was properly allowable on the date the return was

required to be filed, shall be imposed for failure to file the

tax return on or before the due date prescribed for filing

determined with regard for any extension of time for filing.

However, if any return is not filed within 30 days after notice

of nonfiling mailed by the Department to the last known

address of the taxpayer contained in Department records, an

additional penalty amount shall be imposed equal to the

greater of $250 or 2% of the tax shown on the return. However,

the additional penalty amount may not exceed $5,000 and is

determined without regard to any part of the tax that is paid

on time or by any credit that was properly allowable on the

date the return was required to be filed (penalty for late

filing or nonfiling). If any unprocessable return is corrected

and filed within 30 days after notice by the Department, the

late filing or nonfiling penalty shall not apply. If a penalty

for late filing or nonfiling is imposed in addition to a

penalty for late payment, the total penalty due shall be the

sum of the late filing penalty and the applicable late payment

penalty. In the case of any type of tax return required to be

filed more frequently than annually, when the failure to file

the tax return on or before the date prescribed for filing

(including any extensions) is shown to be nonfraudulent and

has not occurred in the 2 years immediately preceding the

failure to file on the prescribed due date, the penalty

imposed by Section 3-3(a-5) shall be abated.

(a-10) This subsection (a-10) is applicable to returns due

on and after January 1, 2001. A penalty equal to 2% of the tax

required to be shown due on a return, up to a maximum amount of

$250, reduced by any tax that is paid on time or by any credit

that was properly allowable on the date the return was

required to be filed, shall be imposed for failure to file the

tax return on or before the due date prescribed for filing

determined with regard for any extension of time for filing.

However, if any return is not filed within 30 days after notice

of nonfiling mailed by the Department to the last known

address of the taxpayer contained in Department records, an

additional penalty amount shall be imposed equal to the

greater of $250 or 2% of the tax shown on the return. However,

the additional penalty amount may not exceed $5,000 and is

determined without regard to any part of the tax that is paid

on time or by any credit that was properly allowable on the

date the return was required to be filed (penalty for late

filing or nonfiling). If any unprocessable return is corrected

and filed within 30 days after notice by the Department, the

late filing or nonfiling penalty shall not apply. If a penalty

for late filing or nonfiling is imposed in addition to a

penalty for late payment, the total penalty due shall be the

sum of the late filing penalty and the applicable late payment

penalty. In the case of any type of tax return required to be

filed more frequently than annually, when the failure to file

the tax return on or before the date prescribed for filing

(including any extensions) is shown to be nonfraudulent and

has not occurred in the 2 years immediately preceding the

failure to file on the prescribed due date, the penalty

imposed by this subsection (a-10) shall be abated. This

subsection (a-10) does not apply to transaction reporting

returns required by Section 3 of the Retailers' Occupation Tax

Act and Section 9 of the Use Tax Act that would not, when

properly prepared and filed, result in the imposition of a

tax; however, those returns are subject to the penalty set

forth in subsection (a-15).

(a-15) A penalty of $100 shall be imposed for failure to

file a transaction reporting return required by Section 3 of

the Retailers' Occupation Tax Act and Section 9 of the Use Tax

Act on or before the date a return is required to be filed;

provided, however, that this penalty shall be imposed only if

the return when properly prepared and filed would not result

in the imposition of a tax. If such a transaction reporting

return would result in the imposition of a tax when properly

prepared and filed, then that return is subject to the

provisions of subsection (a-10).

(b) This subsection is applicable before January 1, 1998.

A penalty of 15% of the tax shown on the return or the tax

required to be shown due on the return shall be imposed for

failure to pay:

(1) the tax shown due on the return on or before the

due date prescribed for payment of that tax, an amount of

underpayment of estimated tax, or an amount that is

reported in an amended return other than an amended return

timely filed as required by subsection (b) of Section 506

of the Illinois Income Tax Act (penalty for late payment

or nonpayment of admitted liability); or

(2) the full amount of any tax required to be shown due

on a return and which is not shown (penalty for late

payment or nonpayment of additional liability), within 30

days after a notice of arithmetic error, notice and

demand, or a final assessment is issued by the Department.

In the case of a final assessment arising following a

protest and hearing, the 30-day period shall not begin

until all proceedings in court for review of the final

assessment have terminated or the period for obtaining a

review has expired without proceedings for a review having

been instituted. In the case of a notice of tax liability

that becomes a final assessment without a protest and

hearing, the penalty provided in this paragraph (2) shall

be imposed at the expiration of the period provided for

the filing of a protest.

(b-5) This subsection is applicable to returns due on and

after January 1, 1998 and on or before December 31, 2000. A

penalty of 20% of the tax shown on the return or the tax

required to be shown due on the return shall be imposed for

failure to pay:

(1) the tax shown due on the return on or before the

due date prescribed for payment of that tax, an amount of

underpayment of estimated tax, or an amount that is

reported in an amended return other than an amended return

timely filed as required by subsection (b) of Section 506

of the Illinois Income Tax Act (penalty for late payment

or nonpayment of admitted liability); or

(2) the full amount of any tax required to be shown due

on a return and which is not shown (penalty for late

payment or nonpayment of additional liability), within 30

days after a notice of arithmetic error, notice and

demand, or a final assessment is issued by the Department.

In the case of a final assessment arising following a

protest and hearing, the 30-day period shall not begin

until all proceedings in court for review of the final

assessment have terminated or the period for obtaining a

review has expired without proceedings for a review having

been instituted. In the case of a notice of tax liability

that becomes a final assessment without a protest and

hearing, the penalty provided in this paragraph (2) shall

be imposed at the expiration of the period provided for

the filing of a protest.

(b-10) This subsection (b-10) is applicable to returns due

on and after January 1, 2001 and on or before December 31,

2003. A penalty shall be imposed for failure to pay:

(1) the tax shown due on a return on or before the due

date prescribed for payment of that tax, an amount of

underpayment of estimated tax, or an amount that is

reported in an amended return other than an amended return

timely filed as required by subsection (b) of Section 506

of the Illinois Income Tax Act (penalty for late payment

or nonpayment of admitted liability). The amount of

penalty imposed under this subsection (b-10)(1) shall be

2% of any amount that is paid no later than 30 days after

the due date, 5% of any amount that is paid later than 30

days after the due date and not later than 90 days after

the due date, 10% of any amount that is paid later than 90

days after the due date and not later than 180 days after

the due date, and 15% of any amount that is paid later than

180 days after the due date. If notice and demand is made

for the payment of any amount of tax due and if the amount

due is paid within 30 days after the date of the notice and

demand, then the penalty for late payment or nonpayment of

admitted liability under this subsection (b-10)(1) on the

amount so paid shall not accrue for the period after the

date of the notice and demand.

(2) the full amount of any tax required to be shown due

on a return and that is not shown (penalty for late payment

or nonpayment of additional liability), within 30 days

after a notice of arithmetic error, notice and demand, or

a final assessment is issued by the Department. In the

case of a final assessment arising following a protest and

hearing, the 30-day period shall not begin until all

proceedings in court for review of the final assessment

have terminated or the period for obtaining a review has

expired without proceedings for a review having been

instituted. The amount of penalty imposed under this

subsection (b-10)(2) shall be 20% of any amount that is

not paid within the 30-day period. In the case of a notice

of tax liability that becomes a final assessment without a

protest and hearing, the penalty provided in this

subsection (b-10)(2) shall be imposed at the expiration of

the period provided for the filing of a protest.

(b-15) This subsection (b-15) is applicable to returns due

on and after January 1, 2004 and on or before December 31,

2004. A penalty shall be imposed for failure to pay the tax

shown due or required to be shown due on a return on or before

the due date prescribed for payment of that tax, an amount of

underpayment of estimated tax, or an amount that is reported

in an amended return other than an amended return timely filed

as required by subsection (b) of Section 506 of the Illinois

Income Tax Act (penalty for late payment or nonpayment of

admitted liability). The amount of penalty imposed under this

subsection (b-15)(1) shall be 2% of any amount that is paid no

later than 30 days after the due date, 10% of any amount that

is paid later than 30 days after the due date and not later

than 90 days after the due date, 15% of any amount that is paid

later than 90 days after the due date and not later than 180

days after the due date, and 20% of any amount that is paid

later than 180 days after the due date. If notice and demand is

made for the payment of any amount of tax due and if the amount

due is paid within 30 days after the date of this notice and

demand, then the penalty for late payment or nonpayment of

admitted liability under this subsection (b-15)(1) on the

amount so paid shall not accrue for the period after the date

of the notice and demand.

(b-20) This subsection (b-20) is applicable to returns due

on and after January 1, 2005 and before January 1, 2024.

(1) A penalty shall be imposed for failure to pay,

prior to the due date for payment, any amount of tax the

payment of which is required to be made prior to the filing

of a return or without a return (penalty for late payment

or nonpayment of estimated or accelerated tax). The amount

of penalty imposed under this paragraph (1) shall be 2% of

any amount that is paid no later than 30 days after the due

date and 10% of any amount that is paid later than 30 days

after the due date.

(2) A penalty shall be imposed for failure to pay the

tax shown due or required to be shown due on a return on or

before the due date prescribed for payment of that tax or

an amount that is reported in an amended return other than

an amended return timely filed as required by subsection

(b) of Section 506 of the Illinois Income Tax Act (penalty

for late payment or nonpayment of tax). The amount of

penalty imposed under this paragraph (2) shall be 2% of

any amount that is paid no later than 30 days after the due

date, 10% of any amount that is paid later than 30 days

after the due date and prior to the date the Department has

initiated an audit or investigation of the taxpayer, and

20% of any amount that is paid after the date the

Department has initiated an audit or investigation of the

taxpayer; provided that the penalty shall be reduced to

15% if the entire amount due is paid not later than 30 days

after the Department has provided the taxpayer with an

amended return (following completion of an occupation,

use, or excise tax audit) or a form for waiver of

restrictions on assessment (following completion of an

income tax audit); provided further that the reduction to

15% shall be rescinded if the taxpayer makes any claim for

refund or credit of the tax, penalties, or interest

determined to be due upon audit, except in the case of a

claim filed pursuant to subsection (b) of Section 506 of

the Illinois Income Tax Act or to claim a carryover of a

loss or credit, the availability of which was not

determined in the audit. For purposes of this paragraph

(2), any overpayment reported on an original return that

has been allowed as a refund or credit to the taxpayer

shall be deemed to have not been paid on or before the due

date for payment and any amount paid under protest

pursuant to the provisions of the State Officers and

Employees Money Disposition Act shall be deemed to have

been paid after the Department has initiated an audit and

more than 30 days after the Department has provided the

taxpayer with an amended return (following completion of

an occupation, use, or excise tax audit) or a form for

waiver of restrictions on assessment (following completion

of an income tax audit).

(3) The penalty imposed under this subsection (b-20)

shall be deemed assessed at the time the tax upon which the

penalty is computed is assessed, except that, if the

reduction of the penalty imposed under paragraph (2) of

this subsection (b-20) to 15% is rescinded because a claim

for refund or credit has been filed, the increase in

penalty shall be deemed assessed at the time the claim for

refund or credit is filed.

(b-25) This subsection (b-25) is applicable to returns due

on or after January 1, 2024.

(1) A penalty shall be imposed for failure to pay,

prior to the due date for payment, any amount of tax the

payment of which is required to be made prior to the filing

of a return or without a return (penalty for late payment

or nonpayment of estimated or accelerated tax). The amount

of penalty imposed under this paragraph (1) shall be 2% of

any amount that is paid no later than 30 days after the due

date and 10% of any amount that is paid later than 30 days

after the due date.

(2) A penalty shall be imposed for failure to pay the

tax shown due or required to be shown due on a return on or

before the due date prescribed for payment of that tax

(penalty for late payment or nonpayment of tax). The

amount of penalty imposed under this paragraph (2) shall

be 2% of any amount that is paid no later than 30 days

after the due date, 10% of any amount that is paid later

than 30 days after the due date and prior to the date the

Department initiates an audit or investigation of the

taxpayer, and 20% of any amount that is paid after the date

the Department initiates an audit or investigation of the

taxpayer; provided that the penalty shall be reduced to

15% if the entire amount due is paid not later than 30 days

after the Department provides the taxpayer with an amended

return (following completion of an occupation, use, or

excise tax audit) or a form for waiver of restrictions on

assessment (following completion of an income tax audit);

provided further that the reduction to 15% shall be

rescinded if the taxpayer makes any claim for refund or

credit of the tax, penalties, or interest determined to be

due upon audit, except in the case of a claim filed

pursuant to subsection (b) of Section 506 of the Illinois

Income Tax Act or to claim a carryover of a loss or credit,

the availability of which was not determined in the audit.

For purposes of this paragraph (2):

(A) any overpayment reported on an original return

that has been allowed as a refund or credit to the

taxpayer shall be deemed to have not been paid on or

before the due date for payment;

(B) any amount paid under protest pursuant to the

provisions of the State Officers and Employees Money

Disposition Act shall be deemed to have been paid

after the Department has initiated an audit and more

than 30 days after the Department has provided the

taxpayer with an amended return (following completion

of an occupation, use, or excise tax audit) or a form

for waiver of restrictions on assessment (following

completion of an income tax audit); and

(C) any liability resulting from a federal change

required to be reported under subsection (b) of

Section 506 of the Illinois Income Tax Act that is

reported and paid no later than the due date for filing

the federal change amended return shall be deemed to

have been paid on or before the due date prescribed for

payment.

(3) The penalty imposed under this subsection (b-25)

shall be deemed assessed at the time the tax upon which the

penalty is computed is assessed, except that, if the

reduction of the penalty imposed under paragraph (2) of

this subsection (b-25) to 15% is rescinded because a claim

for refund or credit has been filed, the increase in

penalty shall be deemed assessed at the time the claim for

refund or credit is filed.

(c) For purposes of the late payment penalties, the basis

of the penalty shall be the tax shown or required to be shown

on a return, whichever is applicable, reduced by any part of

the tax which is paid on time and by any credit which was

properly allowable on the date the return was required to be

filed.

(d) A penalty shall be applied to the tax required to be

shown even if that amount is less than the tax shown on the

return.

(e) This subsection (e) is applicable to returns due

before January 1, 2001. If both a subsection (b)(1) or

(b-5)(1) penalty and a subsection (b)(2) or (b-5)(2) penalty

are assessed against the same return, the subsection (b)(2) or

(b-5)(2) penalty shall be assessed against only the additional

tax found to be due.

(e-5) This subsection (e-5) is applicable to returns due

on and after January 1, 2001. If both a subsection (b-10)(1)

penalty and a subsection (b-10)(2) penalty are assessed

against the same return, the subsection (b-10)(2) penalty

shall be assessed against only the additional tax found to be

due.

(f) If the taxpayer has failed to file the return, the

Department shall determine the correct tax according to its

best judgment and information, which amount shall be prima

facie evidence of the correctness of the tax due.

(g) The time within which to file a return or pay an amount

of tax due without imposition of a penalty does not extend the

time within which to file a protest to a notice of tax

liability or a notice of deficiency.

(h) No return shall be determined to be unprocessable

because of the omission of any information requested on the

return pursuant to Section 2505-575 of the Department of

Revenue Law (20 ILCS 2505/2505-575).

(i) If a taxpayer has a tax liability for the taxable

period ending after June 30, 1983 and prior to July 1, 2002

that is eligible for amnesty under the Tax Delinquency Amnesty

Act and the taxpayer fails to satisfy the tax liability during

the amnesty period provided for in that Act for that taxable

period, then the penalty imposed by the Department under this

Section shall be imposed in an amount that is 200% of the

amount that would otherwise be imposed under this Section.

(j) If a taxpayer has a tax liability for the taxable

period ending after June 30, 2002 and prior to July 1, 2009

that is eligible for amnesty under the Tax Delinquency Amnesty

Act, except for any tax liability reported pursuant to Section

506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that

is not final, and the taxpayer fails to satisfy the tax

liability during the amnesty period provided for in that Act

for that taxable period, then the penalty imposed by the

Department under this Section shall be imposed in an amount

that is 200% of the amount that would otherwise be imposed

under this Section.

(Source: P.A. 103-98, eff. 1-1-24; revised 1-2-24.)

Section 220. The Illinois Independent Tax Tribunal Act of

2012 is amended by changing Section 1-60 as follows:

(35 ILCS 1010/1-60)

Sec. 1-60. Discovery and stipulation.

(a) The parties to the proceeding shall comply with the

Supreme Court Rules for Civil Proceedings in the Trial Court

regarding Discovery, Requests for Admission, and Pre-Trial

Procedure.

(b) An A administrative law judge or the clerk of the Tax

Tribunal, on the request of any party to the proceeding, shall

issue subpoenas requiring the attendance of witnesses and

giving of testimony and subpoenas duces tecum requiring the

production of evidence or things.

(c) Any employee of the Tax Tribunal designated in writing

for that purpose by the Chief Administrative Law Judge may

administer oaths.

(d) The Tax Tribunal may enforce its order on discovery

and other procedural issues, among other means, by deciding

issues wholly or partly against the offending party.

(Source: P.A. 97-1129, eff. 8-28-12; revised 9-21-23.)

Section 225. The Illinois Pension Code is amended by

changing Sections 15-198 and 16-127 as follows:

(40 ILCS 5/15-198)

Sec. 15-198. 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

100-23, Public Act 100-587, Public Act 100-769, Public Act

101-10, Public Act 101-610, Public Act 102-16, Public Act

103-80, or Public Act 103-548 or this amendatory Act of the

103rd 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. 102-16, eff. 6-17-21; 103-80, eff. 6-9-23;

103-548, eff. 8-11-23; revised 8-31-23.)

(40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)

Sec. 16-127. Computation of creditable service.

(a) Each member shall receive regular credit for all

service as a teacher from the date membership begins, for

which satisfactory evidence is supplied and all contributions

have been paid.

(b) The following periods of service shall earn optional

credit and each member shall receive credit for all such

service for which satisfactory evidence is supplied and all

contributions have been paid as of the date specified:

(1) Prior service as a teacher.

(2) Service in a capacity essentially similar or

equivalent to that of a teacher, in the public common

schools in school districts in this State not included

within the provisions of this System, or of any other

State, territory, dependency or possession of the United

States, or in schools operated by or under the auspices of

the United States, or under the auspices of any agency or

department of any other State, and service during any

period of professional speech correction or special

education experience for a public agency within this State

or any other State, territory, dependency or possession of

the United States, and service prior to February 1, 1951

as a recreation worker for the Illinois Department of

Public Safety, for a period not exceeding the lesser of

2/5 of the total creditable service of the member or 10

years. The maximum service of 10 years which is allowable

under this paragraph shall be reduced by the service

credit which is validated by other retirement systems

under paragraph (i) of Section 15-113 and paragraph 1 of

Section 17-133. Credit granted under this paragraph may

not be used in determination of a retirement annuity or

disability benefits unless the member has at least 5 years

of creditable service earned subsequent to this employment

with one or more of the following systems: Teachers'

Retirement System of the State of Illinois, State

Universities Retirement System, and the Public School

Teachers' Pension and Retirement Fund of Chicago. Whenever

such service credit exceeds the maximum allowed for all

purposes of this Article, the first service rendered in

point of time shall be considered. The changes to this

paragraph subdivision (b)(2) made by Public Act 86-272

shall apply not only to persons who on or after its

effective date (August 23, 1989) are in service as a

teacher under the System, but also to persons whose status

as such a teacher terminated prior to such effective date,

whether or not such person is an annuitant on that date.

(3) Any periods immediately following teaching

service, under this System or under Article 17, (or

immediately following service prior to February 1, 1951 as

a recreation worker for the Illinois Department of Public

Safety) spent in active service with the military forces

of the United States; periods spent in educational

programs that prepare for return to teaching sponsored by

the federal government following such active military

service; if a teacher returns to teaching service within

one calendar year after discharge or after the completion

of the educational program, a further period, not

exceeding one calendar year, between time spent in

military service or in such educational programs and the

return to employment as a teacher under this System; and a

period of up to 2 years of active military service not

immediately following employment as a teacher.

The changes to this Section and Section 16-128

relating to military service made by Public Act P.A.

87-794 shall apply not only to persons who on or after its

effective date are in service as a teacher under the

System, but also to persons whose status as a teacher

terminated prior to that date, whether or not the person

is an annuitant on that date. In the case of an annuitant

who applies for credit allowable under this Section for a

period of military service that did not immediately follow

employment, and who has made the required contributions

for such credit, the annuity shall be recalculated to

include the additional service credit, with the increase

taking effect on the date the System received written

notification of the annuitant's intent to purchase the

credit, if payment of all the required contributions is

made within 60 days of such notice, or else on the first

annuity payment date following the date of payment of the

required contributions. In calculating the automatic

annual increase for an annuity that has been recalculated

under this Section, the increase attributable to the

additional service allowable under Public Act P.A. 87-794

shall be included in the calculation of automatic annual

increases accruing after the effective date of the

recalculation.

Credit for military service shall be determined as

follows: if entry occurs during the months of July,

August, or September and the member was a teacher at the

end of the immediately preceding school term, credit shall

be granted from July 1 of the year in which he or she

entered service; if entry occurs during the school term

and the teacher was in teaching service at the beginning

of the school term, credit shall be granted from July 1 of

such year. In all other cases where credit for military

service is allowed, credit shall be granted from the date

of entry into the service.

The total period of military service for which credit

is granted shall not exceed 5 years for any member unless

the service: (A) is validated before July 1, 1964, and (B)

does not extend beyond July 1, 1963. Credit for military

service shall be granted under this Section only if not

more than 5 years of the military service for which credit

is granted under this Section is used by the member to

qualify for a military retirement allotment from any

branch of the armed forces of the United States. The

changes to this paragraph subdivision (b)(3) made by

Public Act 86-272 shall apply not only to persons who on or

after its effective date (August 23, 1989) are in service

as a teacher under the System, but also to persons whose

status as such a teacher terminated prior to such

effective date, whether or not such person is an annuitant

on that date.

(4) Any periods served as a member of the General

Assembly.

(5)(i) Any periods for which a teacher, as defined in

Section 16-106, is granted a leave of absence, provided he

or she returns to teaching service creditable under this

System or the State Universities Retirement System

following the leave; (ii) periods during which a teacher

is involuntarily laid off from teaching, provided he or

she returns to teaching following the lay-off; (iii)

periods prior to July 1, 1983 during which a teacher

ceased covered employment due to pregnancy, provided that

the teacher returned to teaching service creditable under

this System or the State Universities Retirement System

following the pregnancy and submits evidence satisfactory

to the Board documenting that the employment ceased due to

pregnancy; and (iv) periods prior to July 1, 1983 during

which a teacher ceased covered employment for the purpose

of adopting an infant under 3 years of age or caring for a

newly adopted infant under 3 years of age, provided that

the teacher returned to teaching service creditable under

this System or the State Universities Retirement System

following the adoption and submits evidence satisfactory

to the Board documenting that the employment ceased for

the purpose of adopting an infant under 3 years of age or

caring for a newly adopted infant under 3 years of age.

However, total credit under this paragraph (5) may not

exceed 3 years.

Any qualified member or annuitant may apply for credit

under item (iii) or (iv) of this paragraph (5) without

regard to whether service was terminated before June 27,

1997 (the effective date of Public Act 90-32) this

amendatory Act of 1997. In the case of an annuitant who

establishes credit under item (iii) or (iv), the annuity

shall be recalculated to include the additional service

credit. The increase in annuity shall take effect on the

date the System receives written notification of the

annuitant's intent to purchase the credit, if the required

evidence is submitted and the required contribution paid

within 60 days of that notification, otherwise on the

first annuity payment date following the System's receipt

of the required evidence and contribution. The increase in

an annuity recalculated under this provision shall be

included in the calculation of automatic annual increases

in the annuity accruing after the effective date of the

recalculation.

Optional credit may be purchased under this paragraph

subsection (b)(5) for periods during which a teacher has

been granted a leave of absence pursuant to Section 24-13

of the School Code. A teacher whose service under this

Article terminated prior to the effective date of Public

Act P.A. 86-1488 shall be eligible to purchase such

optional credit. If a teacher who purchases this optional

credit is already receiving a retirement annuity under

this Article, the annuity shall be recalculated as if the

annuitant had applied for the leave of absence credit at

the time of retirement. The difference between the

entitled annuity and the actual annuity shall be credited

to the purchase of the optional credit. The remainder of

the purchase cost of the optional credit shall be paid on

or before April 1, 1992.

The change in this paragraph made by Public Act 86-273

shall be applicable to teachers who retire after June 1,

1989, as well as to teachers who are in service on that

date.

(6) Any days of unused and uncompensated accumulated

sick leave earned by a teacher. The service credit granted

under this paragraph shall be the ratio of the number of

unused and uncompensated accumulated sick leave days to

170 days, subject to a maximum of 2 years of service

credit. Prior to the member's retirement, each former

employer shall certify to the System the number of unused

and uncompensated accumulated sick leave days credited to

the member at the time of termination of service. The

period of unused sick leave shall not be considered in

determining the effective date of retirement. A member is

not required to make contributions in order to obtain

service credit for unused sick leave.

Credit for sick leave shall, at retirement, be granted

by the System for any retiring regional or assistant

regional superintendent of schools at the rate of 6 days

per year of creditable service or portion thereof

established while serving as such superintendent or

assistant superintendent.

(7) Periods prior to February 1, 1987 served as an

employee of the Illinois Mathematics and Science Academy

for which credit has not been terminated under Section

15-113.9 of this Code.

(8) Service as a substitute teacher for work performed

prior to July 1, 1990.

(9) Service as a part-time teacher for work performed

prior to July 1, 1990.

(10) Up to 2 years of employment with Southern

Illinois University - Carbondale from September 1, 1959 to

August 31, 1961, or with Governors State University from

September 1, 1972 to August 31, 1974, for which the

teacher has no credit under Article 15. To receive credit

under this item (10), a teacher must apply in writing to

the Board and pay the required contributions before May 1,

1993 and have at least 12 years of service credit under

this Article.

(11) Periods of service as a student teacher as

described in Section 24-8.5 of the School Code for which

the student teacher received a salary.

(b-1) A member may establish optional credit for up to 2

years of service as a teacher or administrator employed by a

private school recognized by the Illinois State Board of

Education, provided that the teacher (i) was certified under

the law governing the certification of teachers at the time

the service was rendered, (ii) applies in writing on or before

June 30, 2028, (iii) supplies satisfactory evidence of the

employment, (iv) completes at least 10 years of contributing

service as a teacher as defined in Section 16-106, and (v) pays

the contribution required in subsection (d-5) of Section

16-128. The member may apply for credit under this subsection

and pay the required contribution before completing the 10

years of contributing service required under item (iv), but

the credit may not be used until the item (iv) contributing

service requirement has been met.

(c) The service credits specified in this Section shall be

granted only if: (1) such service credits are not used for

credit in any other statutory tax-supported public employee

retirement system other than the federal Social Security

program; and (2) the member makes the required contributions

as specified in Section 16-128. Except as provided in

subsection (b-1) of this Section, the service credit shall be

effective as of the date the required contributions are

completed.

Any service credits granted under this Section shall

terminate upon cessation of membership for any cause.

Credit may not be granted under this Section covering any

period for which an age retirement or disability retirement

allowance has been paid.

Credit may not be granted under this Section for service

as an employee of an entity that provides substitute teaching

services under Section 2-3.173 of the School Code and is not a

school district.

(Source: P.A. 102-525, eff. 8-20-21; 103-17, eff. 6-9-23;

103-525, eff. 8-11-23; revised 9-5-23.)

Section 230. The Local Government Taxpayers' Bill of

Rights Act is amended by changing Section 30 as follows:

(50 ILCS 45/30)

Sec. 30. Statute of limitations. Units of local government

have an obligation to review tax returns in a timely manner and

issue any determination of tax due as promptly as possible so

that taxpayers may make timely corrections of future returns

and minimize any interest charges applied to tax

underpayments. Each unit of local government must provide

appropriate statutes of limitation for the determination and

assessment of taxes covered by this Act, provided, however,

that a statute of limitations may not exceed the following:

(1) No notice of determination of tax due or

assessment may be issued more than 5 years after the end of

the calendar year for which the return for the period was

filed or the end of the calendar year in which the return

for the period was due, whichever occurs later. An audit

or review that is timely performed under Section 35 of

this Act or Section 8-11-2.5 of the Illinois Municipal

Code shall toll the applicable 5-year period for a period

of not more than one 1 year.

(2) If any tax return was not filed or if during any

4-year period for which a notice of tax determination or

assessment may be issued by the unit of local government

the tax paid or remitted was less than 75% of the tax due

for that period, the statute of limitations shall be no

more than 6 years after the end of the calendar year in

which the return for the period was due or the end of the

calendar year in which the return for the period was

filed, whichever occurs later. In the event that a unit of

local government fails to provide a statute of

limitations, the maximum statutory period provided in this

Section applies.

(3) The changes to this Section made by Public Act

102-1144 this amendatory Act of the 102nd General Assembly do

not revive any determination and assessment of tax due where

the statute of limitations has expired as of March 17, 2023

(the effective date of Public Act 102-1144) this amendatory

Act of the 102nd General Assembly, but the changes do extend

the statute of limitations for the determination and

assessment of taxes where the statute of limitation has not

expired as of March 17, 2023 (the effective date of Public Act

102-1144) this amendatory Act of the 102nd General Assembly.

This Section does not place any limitation on a unit of

local government if a fraudulent tax return is filed.

(Source: P.A. 102-1144, eff. 3-17-23; revised 4-5-23.)

Section 235. The Uniform Peace Officers' Disciplinary Act

is amended by changing Section 7.2 as follows:

(50 ILCS 725/7.2)

Sec. 7.2. Possession of a Firearm Owner's Identification

Card. An employer of an officer shall not make possession of a

Firearm Owner's Identification Card a condition of continued

employment if the officer's Firearm Owner's Identification

Card is revoked or seized because the officer has been a

patient of a mental health facility and the officer has not

been determined to pose a clear and present danger to himself,

herself, or others as determined by a physician, clinical

psychologist, or qualified examiner. Nothing in is this

Section shall otherwise impair an employer's ability to

determine an officer's fitness for duty. On and after August

17, 2018 (the effective date of Public Act 100-911) this

amendatory Act of the 100th General Assembly, Section 6 of

this Act shall not apply to the prohibition requiring a

Firearm Owner's Identification Card as a condition of

continued employment, but a collective bargaining agreement

already in effect on that issue on August 17, 2018 (the

effective date of Public Act 100-911) this amendatory Act of

the 100th General Assembly cannot be modified. The employer

shall document if and why an officer has been determined to

pose a clear and present danger.

(Source: P.A. 100-911, eff. 8-17-18; 101-375, eff. 8-16-19;

revised 4-5-23.)

Section 240. The Counties Code is amended by changing

Sections 3-8002, 4-7001, 5-1022, and 5-1069.3 as follows:

(55 ILCS 5/3-8002) (from Ch. 34, par. 3-8002)

Sec. 3-8002. Applicability and adoption. The county board

of every county having a county police department merit board

established under the "The County Police Department Act",

approved August 7, 1967, as amended (repealed), or a merit

commission for sheriff's personnel established under Section

58.1 of "An Act to revise the law in relation to counties",

approved March 31, 1874, as amended (repealed), shall adopt

and implement the merit system provided by this Division and

shall modify the merit system now in effect in that county as

may be necessary to comply with this Division.

The county board of any county having a population of less

than 1,000,000 which does not have a merit board or merit

commission for sheriff's personnel may adopt and implement by

ordinance the merit system provided by this Division. If the

county board does not adopt such a merit system by an ordinance

and if a petition signed by not fewer than 5% or 1000,

whichever is less, of the registered electors of any such

county is filed with the county clerk requesting a referendum

on the adoption of a merit system for deputies in the office of

the Sheriff, the county board shall, by appropriate ordinance,

cause the question to be submitted to the electors of the

county, at a special or general election specified in such

ordinance, in accordance with the provisions of Section 28-3

of the "The Election Code", approved May 11, 1943, as now or

hereafter amended. Notice of the election shall be given as

provided in Article 12 of that Code such code. If a majority of

those voting on the proposition at such election vote in favor

thereof, the county board shall adopt and implement a merit

system provided in this Division. When a merit board or merit

commission for sheriff's personnel has been established in a

county, it may be abolished by the same procedure in which it

was established.

This Division does not apply to any county having a

population of more than 1,000,000 nor to any county which has

not elected to adopt the merit system provided by this

Division and which is not required to do so under this Section.

(Source: P.A. 86-962; revised 9-25-23.)

(55 ILCS 5/4-7001)

Sec. 4-7001. Coroner's fees. The fees of the coroner's

office shall be as follows:

1. For a copy of a transcript of sworn testimony:

$5.00 per page.

2. For a copy of an autopsy report (if not included in

transcript): $50.00.

3. For a copy of the verdict of a coroner's jury:

$5.00.

4. For a copy of a toxicology report: $25.00.

5. For a print of or an electronic file containing a

picture obtained by the coroner: actual cost or $3.00,

whichever is greater.

6. For each copy of miscellaneous reports, including

artist's drawings but not including police reports: actual

cost or $25.00, whichever is greater.

7. For a coroner's or medical examiner's permit to

cremate a dead human body: $100. The coroner may waive, at

his or her discretion, the permit fee if the coroner

determines that the person is indigent and unable to pay

the permit fee or under other special circumstances.

8. Except in a county with a population over

3,000,000, on and after January 1, 2024, for a certified

copy of a transcript of sworn testimony of a coroner's

inquest made by written request declaring the request is

for research or genealogy purposes: $15.00 for the entire

transcript. A request shall be deemed a proper request for

purpose of research or genealogy if the requested inquest

occurred not less than 20 years prior to the date of the

written request. The transcript shall be stamped with the

words "FOR GENEALOGY OR RESEARCH PURPOSES ONLY".

All of which fees shall be certified by the court; in the

case of inmates of any State charitable or penal institution,

the fees shall be paid by the operating department or

commission, out of the State Treasury. The coroner shall file

his or her claim in probate for his or her fees and he or she

shall render assistance to the State's Attorney attorney in

the collection of such fees out of the estate of the deceased.

In counties of less than 1,000,000 population, the State's

Attorney attorney shall collect such fees out of the estate of

the deceased.

Except in a county with a population over 3,000,000, on

and after January 1, 2024, the coroner may waive, at his or her

discretion, any fees under this Section if the coroner

determines that the person is indigent and unable to pay the

fee or under other special circumstances as determined by the

coroner.

Except as otherwise provided in this Section, whenever the

coroner is required by law to perform any of the duties of the

office of the sheriff, the coroner is entitled to the like fees

and compensation as are allowed by law to the sheriff for the

performance of similar services.

Except as otherwise provided in this Section, whenever the

coroner of any county is required to travel in the performance

of his or her duties, he or she shall receive the same mileage

fees as are authorized for the sheriff of such county.

All fees under this Section collected by or on behalf of

the coroner's office shall be paid over to the county

treasurer and deposited into a special account in the county

treasury. Moneys in the special account shall be used solely

for the purchase of electronic and forensic identification

equipment or other related supplies and the operating expenses

of the coroner's office.

The changes made by Public Act 103-73 this amendatory Act

of the 103rd General Assembly do not apply retroactively.

(Source: P.A. 103-29, eff. 7-1-23; 103-73, eff. 1-1-24;

revised 12-12-23.)

(55 ILCS 5/5-1022)

Sec. 5-1022. Competitive bids.

(a) Any purchase by a county with fewer than 2,000,000

inhabitants of services, materials, equipment or supplies in

excess of $30,000, other than professional services, shall be

contracted for in one of the following ways:

(1) by a contract let to the lowest responsible bidder

after advertising for bids in a newspaper published within

the county or, if no newspaper is published within the

county, then a newspaper having general circulation within

the county; or

(2) by a contract let without advertising for bids in

the case of an emergency if authorized by the county

board; or .

(3) by a contract let without advertising for bids in

the case of the expedited replacement of a disabled,

inoperable, or damaged patrol vehicle of the sheriff's

department if authorized by the county board.

(b) In determining the lowest responsible bidder, the

county board shall take into consideration the qualities of

the articles supplied; their conformity with the

specifications; their suitability to the requirements of the

county; the availability of support services; the uniqueness

of the service, materials, equipment, or supplies as it

applies to networked, integrated computer systems; the

compatibility to existing equipment; and the delivery terms.

In addition, the county board may take into consideration the

bidder's active participation in an applicable apprenticeship

program registered with the United States Department of Labor.

The county board also may take into consideration whether a

bidder is a private enterprise or a State-controlled

enterprise and, notwithstanding any other provision of this

Section or a lower bid by a State-controlled enterprise, may

let a contract to the lowest responsible bidder that is a

private enterprise.

(c) This Section does not apply to contracts by a county

with the federal government or to purchases of used equipment,

purchases at auction or similar transactions which by their

very nature are not suitable to competitive bids, pursuant to

an ordinance adopted by the county board.

(d) Notwithstanding the provisions of this Section, a

county may let without advertising for bids in the case of

purchases and contracts, when individual orders do not exceed

$35,000, for the use, purchase, delivery, movement, or

installation of data processing equipment, software, or

services and telecommunications and inter-connect equipment,

software, and services.

(e) A county may require, as a condition of any contract

for goods and services, that persons awarded a contract with

the county and all affiliates of the person collect and remit

Illinois Use Tax on all sales of tangible personal property

into the State of Illinois in accordance with the provisions

of the Illinois Use Tax Act regardless of whether the person or

affiliate is a "retailer maintaining a place of business

within this State" as defined in Section 2 of the Use Tax Act.

For purposes of this subsection (e), 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 (e), 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 (e), 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.

(f) Bids submitted to, and contracts executed by, the

county may require a certification by the bidder or contractor

that the bidder or contractor is not barred from bidding for or

entering into a contract under this Section and that the

bidder or contractor acknowledges that the county may declare

the contract void if the certification completed pursuant to

this subsection (f) is false.

(Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23;

revised 12-12-23.)

(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.4, 356z.4a, 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, 356z.51, 356z.53,

356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and

356z.62, 356z.64, 356z.67, 356z.68, and 356z.70 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. 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; 102-731,

eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;

102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.

1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,

eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;

103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised

8-29-23.)

Section 245. The Illinois Municipal Code is amended by

changing Sections 8-4-1 and 10-4-2.3 as follows:

(65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)

Sec. 8-4-1. No bonds shall be issued by the corporate

authorities of any municipality until the question of

authorizing such bonds has been submitted to the electors of

that municipality provided that notice of the bond referendum,

if held before July 1, 1999, has been given in accordance with

the provisions of Section 12-5 of the Election Code in effect

at the time of the bond referendum, at least 10 and not more

than 45 days before the date of the election, notwithstanding

the time for publication otherwise imposed by Section 12-5,

and approved by a majority of the electors voting upon that

question. Notices required in connection with the submission

of public questions on or after July 1, 1999 shall be as set

forth in Section 12-5 of the Election Code. The clerk shall

certify the proposition of the corporate authorities to the

proper election authority who shall submit the question at an

election in accordance with the general election law, subject

to the notice provisions set forth in this Section.

Notice of any such election shall contain the amount of

the bond issue, purpose for which issued, and maximum rate of

interest.

In addition to all other authority to issue bonds, the

Village of Indian Head Park is authorized to issue bonds for

the purpose of paying the costs of making roadway improvements

in an amount not to exceed the aggregate principal amount of

$2,500,000, provided that 60% of the votes cast at the general

primary election held on March 18, 2014 are cast in favor of

the issuance of the bonds, and the bonds are issued by December

31, 2014.

However, without the submission of the question of issuing

bonds to the electors, the corporate authorities of any

municipality may authorize the issuance of any of the

following bonds:

(1) Bonds to refund any existing bonded indebtedness;

(2) Bonds to fund or refund any existing judgment

indebtedness;

(3) In any municipality of less than 500,000

population, bonds to anticipate the collection of

installments of special assessments and special taxes

against property owned by the municipality and to

anticipate the collection of the amount apportioned to the

municipality as public benefits under Article 9;

(4) Bonds issued by any municipality under Sections

8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-26-1

through 11-26-6, 11-71-1 through 11-71-10, 11-74.3-1

through 11-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1

through 11-74.5-15, 11-94-1 through 11-94-7, 11-102-1

through 11-102-10, 11-103-11 through 11-103-15, 11-118-1

through 11-118-6, 11-119-1 through 11-119-5, 11-129-1

through 11-129-7, 11-133-1 through 11-133-4, 11-139-1

through 11-139-12, 11-141-1 through 11-141-18 of this

Code, or 10-801 through 10-808 of the Illinois Highway

Code, as amended;

(5) Bonds issued by the board of education of any

school district under the provisions of Sections 34-30

through 34-36 of the The School Code, as amended;

(6) Bonds issued by any municipality under the

provisions of Division 6 of this Article 8; and by any

municipality under the provisions of Division 7 of this

Article 8; or under the provisions of Sections 11-121-4

and 11-121-5;

(7) Bonds to pay for the purchase of voting machines

by any municipality that has adopted Article 24 of the The

Election Code, approved May 11, 1943, as amended;

(8) Bonds issued by any municipality under Sections 15

and 46 of the "Environmental Protection Act", approved

June 29, 1970;

(9) Bonds issued by the corporate authorities of any

municipality under the provisions of Section 8-4-25 of

this Article 8;

(10) Bonds issued under Section 8-4-26 of this Article

8 by any municipality having a board of election

commissioners;

(11) Bonds issued under the provisions of the Special

Service Area Tax Act (repealed) "An Act to provide the

manner of levying or imposing taxes for the provision of

special services to areas within the boundaries of home

rule units and nonhome rule municipalities and counties",

approved September 21, 1973;

(12) Bonds issued under Section 8-5-16 of this Code;

(13) Bonds to finance the cost of the acquisition,

construction, or improvement of water or wastewater

treatment facilities mandated by an enforceable compliance

schedule developed in connection with the federal Clean

Water Act or a compliance order issued by the United

States Environmental Protection Agency or the Illinois

Pollution Control Board; provided that such bonds are

authorized by an ordinance adopted by a three-fifths

majority of the corporate authorities of the municipality

issuing the bonds which ordinance shall specify that the

construction or improvement of such facilities is

necessary to alleviate an emergency condition in such

municipality;

(14) Bonds issued by any municipality pursuant to

Section 11-113.1-1;

(15) Bonds issued under Sections 11-74.6-1 through

11-74.6-45, the Industrial Jobs Recovery Law of this Code;

(16) Bonds issued under the Innovation Development and

Economy Act, except as may be required by Section 35 of

that Act.

(Source: P.A. 102-587, eff. 1-1-22; revised 9-25-23.)

(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.4, 356z.4a,

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, 356z.51, 356z.53, 356z.54,

356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and 356z.62,

356z.64, 356z.67, 356z.68, and 356z.70 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. 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; 102-731,

eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;

102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.

1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,

eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;

103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised

8-29-23.)

Section 250. The Fire Protection District Act is amended

by changing Section 20 as follows:

(70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)

Sec. 20. Disconnection by operation of law.

(a) Any territory within a fire protection district that

is or has been annexed to a municipality that provides fire

protection for property within such city, village or

incorporated town is, by operation of law, disconnected from

the fire protection district as of the January first after

such territory is annexed to the municipality as long as the

municipality has conducted a response-time study that shows,

at a minimum, estimated response times from the fire

protection district to the territory and estimated response

times of the municipal fire department from the territory or

in case any such territory has been so annexed prior to the

effective date of this amendatory Act of 1965, as of January 1,

1966.

(b) The disconnection by operation of law does not occur

if, within 60 days after such annexation or after the

effective date of this amendatory Act of 1965, whichever is

later, the fire protection district files with the appropriate

court and with the County Clerk of each county in which the

fire protection district is located, a petition alleging that

such disconnection will cause the territory remaining in the

district to be noncontiguous or that the loss of assessed

valuation by reason of such disconnection will impair the

ability of the district to render fully adequate fire

protection service to the territory remaining with the

district. When such a petition is filed, with the court and

with the County Clerk of each county in which the fire

protection district is located, the court shall set it for

hearing, and further proceedings shall be held, as provided in

Section 15 of this Act, except that the city, village or

incorporated town that annexed the territory shall be a

necessary party to the proceedings, and it shall be served

with summons in the manner for a party defendant under the

Civil Practice Law. At such hearing, the district has the

burden of proving the truth of the allegations in its

petition.

(c) If disconnection does not occur, then the city,

village or incorporated town in which part of a fire

protection district's territory is located, is prohibited from

levying the tax provided for by Section 11-7-1 of the

"Illinois Municipal Code" in such fire protection district

territory for services provided to the residents of such

territory by the fire protection district.

(d) If there are any general obligation bonds of the fire

protection district outstanding and unpaid at the time such

territory is disconnected from the fire protection district by

operation of this Section, such territory shall remain liable

for its proportionate share of such bonded indebtedness and

the fire protection district may continue to levy and extend

taxes upon the taxable property in such territory for the

purpose of amortizing such bonds until such time as sufficient

funds to retire such bonds have been collected.

(e) On and after January 1, 2000 (the effective date of

Public Act 91-307) this amendatory Act of the 91st General

Assembly, when territory is disconnected from a fire

protection district under this Section, the annexing

municipality shall pay, on or before December 31 of each year

for a period of 5 years after the effective date of the

disconnection, to the fire protection district from which the

territory was disconnected, an amount as follows:

(1) In the first year after the disconnection, an

amount equal to the real estate tax collected on the

property in the disconnected territory by the fire

protection district in the tax year immediately preceding

the year in which the disconnection took effect.

(2) In the second year after the disconnection, an

amount equal to 80% of the real estate tax collected on the

property in the disconnected territory by the fire

protection district in the tax year immediately preceding

the year in which the disconnection took effect.

(3) In the third year after the disconnection, an

amount equal to 60% of the real estate tax collected on the

property in the disconnected territory by the fire

protection district in the tax year immediately preceding

the year in which the disconnection took effect.

(4) In the fourth year after the disconnection, an

amount equal to 40% of the real estate tax collected on the

property in the disconnected territory by the fire

protection district in the tax year immediately preceding

the year in which the disconnection took effect.

(5) In the fifth year after the disconnection, an

amount equal to 20% of the real estate tax collected on the

property in the disconnected territory by the fire

protection district in the tax year immediately preceding

the year in which the disconnection took effect.

This subsection (e) applies to a fire protection district

only if the corporate authorities of the district do not file a

petition against the disconnection under subsection (b).

(f) A municipality that does not timely make the payment

required in subsection (e) and which refuses to make such

payment within 30 days following a written demand by the fire

protection district entitled to the payment or which causes a

fire protection district to incur an expense in order to

collect the amount to which it is entitled under subsection

(e) shall, in addition to the amount due under subsection (e),

be responsible to reimburse the fire protection district for

all costs incurred by the fire protection district in

collecting the amount due, including, but not limited to,

reasonable legal fees and court costs.

(Source: P.A. 102-574, eff. 1-1-22; 102-773, eff. 1-1-23;

revised 4-5-23.)

Section 255. The Illinois Waterway Ports Commission Act is

amended by changing Section 15 as follows:

(70 ILCS 1816/15)

Sec. 15. Powers.

(a) The Commission may request funding from any federal,

state, municipal, or local government or any other person or

organization for purposes of the Commission within the

Commission's jurisdiction. The individual port districts

within the Commission's jurisdiction retain authority to

request funding from any federal, state, municipal, or local

government or any other person or organization for purposes of

the individual port districts within the Commission area.

(b) The Commission may enter into a memorandum of

understanding or intergovernmental agreement with the State, a

unit of local government, or a federal governmental

organization in the performance of its duties. The Commission

may not exercise control over an a operation of a port district

established by any other law except by voluntary agreement

between the port district and the Commission.

(c) The Commission may perform any other act that may be

useful in performing its duties under Section 10 or powers

under this Section.

(Source: P.A. 103-214, eff. 6-30-23; revised 9-25-23.)

Section 260. The Emergency Services Districts Act is

amended by changing Section 11 as follows:

(70 ILCS 2005/11)

Sec. 11. Property tax; fees.

(a) An emergency services district organized under this

Act may levy and collect a general tax on the property situated

in the district, but the aggregate amount of taxes levied for

any one year shall not exceed the rate of .20% of value, as

equalized or assessed by the Department of Revenue. The board

of trustees shall determine and certify the amount to be

levied and shall return the same to the county clerk. The

limitation upon the tax rate may be increased or decreased

under the referendum provisions of the General Revenue Law of

Illinois.

In case the district is located in more than one county,

the board of trustees shall determine and certify the amount

to be levied upon the taxable property lying in each county and

return the same to the respective county clerks of the

counties in which the amount is to be levied. In order to

determine the amount to be levied upon the taxable property of

that part of the district lying in each county, the board shall

ascertain from the county clerk of the respective counties in

which the district lies the last ascertained equalized value

of the taxable property of the district lying in their

respective counties, then shall ascertain the rate per cent

required and shall, accordingly, apportion the whole amount to

be raised between the several parts of the district so lying in

the different counties. The tax provided for in this Section

shall be levied at the same time and in the same manner as

nearly as practicable as taxes are now levied for municipal

purposes under the laws of this State.

All general taxes under this Act, when collected, shall be

paid over to the treasurer of the board of trustees, who is

authorized to receive and receipt for the same.

(b) An emergency services A rescue squad district

organized under this Act may fix, charge, and collect fees for

rescue squad services and ambulance services within or outside

of the rescue squad district not exceeding the reasonable cost

of the service.

(Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23;

revised 12-12-23.)

Section 265. The Metropolitan Transit Authority Act is

amended by changing Section 51 as follows:

(70 ILCS 3605/51)

Sec. 51. Free and reduced fare services; eligibility.

(a) Notwithstanding any law to the contrary, no later than

60 days following January 18, 2008 (the effective date of

Public Act 95-708) this amendatory Act of the 95th General

Assembly and until subsection (b) is implemented, any fixed

route public transportation services provided by, or under

grant or purchase of service contracts of, the Board shall be

provided without charge to all senior citizens of the

Metropolitan Region (as such term is defined in Section 1.03

of the Regional Transportation Authority Act 70 ILCS

3615/1.03) aged 65 and older, under such conditions as shall

be prescribed by the Board.

(b) Notwithstanding any law to the contrary, no later than

180 days following February 14, 2011 (the effective date of

Public Act 96-1527) this amendatory Act of the 96th General

Assembly, any fixed route public transportation services

provided by, or under grant or purchase of service contracts

of, the Board shall be provided without charge to senior

citizens aged 65 and older who meet the income eligibility

limitation set forth in subsection (a-5) of Section 4 of the

Senior Citizens and Persons with Disabilities Property Tax

Relief Act, under such conditions as shall be prescribed by

the Board. The Department on Aging shall furnish all

information reasonably necessary to determine eligibility,

including updated lists of individuals who are eligible for

services without charge under this Section. After an initial

eligibility determination is made, an individual's eligibility

for free services shall automatically renew every 5 years

after receipt by the Authority of a copy of the individual's

government-issued identification card validating Illinois

residency. Nothing in this Section shall relieve the Board

from providing reduced fares as may be required by federal

law.

(c) The Board shall partner with the City of Chicago to

provide transportation at reduced fares for participants in

programs that offer employment and internship opportunities to

youth and young adults ages 14 through 24.

(Source: P.A. 103-241, eff. 1-1-24; 103-281, eff. 1-1-24;

revised 12-12-23.)

Section 270. The Illinois Library System Act is amended by

changing Section 3 as follows:

(75 ILCS 10/3) (from Ch. 81, par. 113)

Sec. 3. The State Librarian and the Illinois State Library

staff shall administer the provisions of this Act and shall

prescribe such rules and regulations as are necessary to carry

the provisions of this Act into effect.

The rules and regulations established by the State

Librarian for the administration of this Act shall be designed

to achieve the following standards and objectives:

(A) Provide A provide library service for every

citizen in the State by extending library facilities to

areas not now served.

(B) Provide B provide library materials for student

needs at every educational level.

(C) Provide C provide adequate library materials to

satisfy the reference and research needs of the people of

this State.

(D) Provide D provide an adequate staff of

professionally trained librarians for the State.

(E) Adopt E adopt the American Library Association's

Library Bill of Rights that indicates materials should not

be proscribed or removed because of partisan or doctrinal

disapproval or, in the alternative, develop a written

statement declaring the inherent authority of the library

or library system to provide an adequate collection of

books and other materials sufficient in size and varied in

kind and subject matter to satisfy the library needs of

the people of this State and prohibit the practice of

banning specific books or resources.

(F) Provide F provide adequate library outlets and

facilities convenient in time and place to serve the

people of this State.

(G) Encourage G encourage existing and new libraries

to develop library systems serving a sufficiently large

population to support adequate library service at

reasonable cost.

(H) Foster H foster the economic and efficient

utilization of public funds.

(I) Promote I promote the full utilization of local

pride, responsibility, initiative, and support of library

service and, at the same time, employ State aid as a

supplement to local support.

The Advisory Committee of the Illinois State Library shall

confer with, advise, and make recommendations to the State

Librarian regarding any matter under this Act and particularly

with reference to the formation of library systems.

(Source: P.A. 103-100, eff. 1-1-24; revised 1-2-24.)

Section 275. The School Code is amended by changing

Sections 2-3.25d-5, 2-3.25o, 2-3.163, 3-11, 10-17a, 10-20.67,

10-22.3f, 10-22.36, 10-22.39, 14-7.02, 14-8.02, 18-8.15, 19-6,

21B-30, 21B-50, 21B-70, 22-30, 24-2, 24-12, 24A-5, 26A-40,

27-23.1, 27A-3, 27A-5, 27A-6, 27A-7, 27A-11.5, and 34-84, by

setting forth and renumbering multiple versions of Sections

2-3.196, 10-20.85, and 34-18.82, and by setting forth,

renumbering, and changing multiple versions of Section 22-95

as follows:

(105 ILCS 5/2-3.25d-5)

Sec. 2-3.25d-5. Targeted, Comprehensive, and Intensive

schools.

(a) Beginning in 2018, a school designated as

"Comprehensive" shall be defined as:

(1) a school that is among the lowest performing 5% of

schools in this State based on the multi-measures

accountability system defined in the State Plan, with

respect to the performance of the "all students" group;

(2) any high school with a graduation rate of less

than 67%;

(2.5) any school that has completed a full 4-year

cycle of Targeted School Improvement but remains

identified for Targeted Support for one or more of the

same student groups originally identified for Targeted

Support; or

(3) (blank).

The State Board of Education shall work with districts

with one or more schools in Comprehensive School Improvement

Status to perform a needs assessment to determine the

district's core functions that are areas of strength and

weakness. The results from the needs assessment shall be used

by the district and school to identify goals and objectives

for improvement. The needs assessment shall include, at a

minimum, a review of the following areas: student performance

on State assessments; student performance on local

assessments; finances, including resource allocation reviews;

governance, including effectiveness of school leadership;

student engagement opportunities and access to those

opportunities; instructional practices; standards-aligned

curriculum; school climate and culture survey results; family

and community engagement; reflective stakeholder engagement;

continuous school improvement practices; educator and employee

quality, including staff continuity and turnover rates; and

alignment of professional development to continuous

improvement efforts.

(b) Beginning in 2018, a school designated as "Targeted"

shall be defined as a school in which one or more student

groups is performing at or below the level of the "all

students" group of schools designated Comprehensive, as

defined in paragraph (1) of subsection (a) of this Section.

(c) Beginning in 2023, a school designated as "Intensive"

shall be defined as a school that has completed a full 4-year

cycle of Comprehensive School Improvement but does not meet

the criteria to exit that status, as defined in the State Plan

referenced in subsection (b) of Section 2-3.25a of this Code,

at the end of the cycle.

(d) All schools in school improvement status, including

Comprehensive, Targeted, and Intensive schools, must complete

a school-level needs assessment and develop and implement a

continuous improvement plan.

(Source: P.A. 103-175, eff. 6-30-23; revised 9-22-23.)

(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, and the Statewide Murderer and Violent

Offender Against Youth Database, as authorized by the Murderer

and Violent Offender Against Youth Registration Act, for each

applicant for employment, after July 1, 2007, to determine

whether the applicant has been adjudicated of a sex offense or

of a murder or other violent crime against youth. The checks of

the Statewide Sex Offender Database and the Statewide

Stateside Murderer and Violent Offender Against Youth Database

must be conducted by the non-public school once for every 5

years that an applicant remains employed by the non-public

school..

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;

102-813, eff. 5-13-22; 103-111, eff. 6-29-23; revised

9-20-23.)

(105 ILCS 5/2-3.163)

Sec. 2-3.163. PUNS database information for students and

parents or guardians.

(a) The General Assembly makes all of the following

findings:

(1) Pursuant to Section 10-26 of the Department of

Human Services Act, the Department of Human Services

maintains a statewide database known as the PUNS database

that records information about individuals with

intellectual disabilities or developmental disabilities

who are potentially in need of services.

(2) The Department of Human Services uses the data on

PUNS to select individuals for services as funding becomes

available, to develop proposals and materials for

budgeting, and to plan for future needs.

(3) The PUNS database is available for adults with

intellectual disabilities or developmental disabilities

who have unmet service needs anticipated in the next 5

years. The PUNS database is also available for children

with intellectual disabilities or developmental

disabilities with unmet service needs.

(4) Registration to be included on the PUNS database

is the first step toward receiving developmental

disabilities services in this State. A child or an adult

who is not on the PUNS database will not be in queue for

State developmental disabilities services.

(5) Lack of awareness and information about the PUNS

database results in underutilization or delays in

registration for the PUNS database by students with

intellectual disabilities or developmental disabilities

and their parents or guardians.

(a-5) The purpose of this Section is to ensure that each

student with an intellectual disability or a developmental

disability who has an individualized education program ("IEP")

and the student's parents or guardian are informed about the

PUNS database, where to register for the PUNS database, and

whom they can contact for information about the PUNS database

and the PUNS database registration process. This Section is

not intended to change the PUNS database registration process

established by the Department of Human Services or to impose

any responsibility on the State Board of Education or a school

district to register students for the PUNS database.

(a-10) As used in this Section, "PUNS" means the

Prioritization of Urgency of Need for Services database or

PUNS database developed and maintained by the Department of

Human Services pursuant to Section 10-26 of the Department of

Human Services Act.

(b) The State Board of Education may work in consultation

with the Department of Human Services and with school

districts to ensure that all students with intellectual

disabilities or developmental disabilities and their parents

or guardians are informed about the PUNS database, as

described in subsections (c), (c-5), and (d) of this Section.

(c) The Department of Human Services, in consultation with

the State Board of Education, shall develop and implement an

online, computer-based training program for at least one

designated employee in every public school in this State to

educate the designated employee or employees about the PUNS

database and steps required to register students for the PUNS

database, including the documentation and information parents

or guardians will need for the registration process. The

training shall include instruction on identifying and

contacting the appropriate developmental disabilities

Independent Service Coordination agency ("ISC") to register

students for the PUNS database. The training of the designated

employee or employees shall also include information about

organizations and programs available in this State that offer

assistance to families in understanding the PUNS database and

navigating the PUNS database registration process. Each school

district shall post on its public website and include in its

student handbook the names of the designated trained employee

or employees in each school within the school district.

(c-5) During the student's annual IEP review meeting, if

the student has an intellectual disability or a developmental

disability, the student's IEP team shall determine the

student's PUNS database registration status based upon

information provided by the student's parents or guardian or

by the student. If it is determined that the student is not

registered for the PUNS database or if it is unclear whether

the student is registered for the PUNS database, the parents

or guardian and the student shall be referred to a designated

employee of the public school who has completed the training

described in subsection (c). The designated trained employee

shall provide the student's parents or guardian and the

student with the name, location, and contact information of

the appropriate ISC to contact in order to register the

student for the PUNS database. The designated trained employee

shall also identify for the parents or guardian and the

student the information and documentation they will need to

complete the PUNS database registration process with the ISC,

and shall also provide information to the parents or guardian

and the student about organizations and programs available in

this State that offer information to families about the PUNS

database and the PUNS database registration process.

(d) The State Board of Education, in consultation with the

Department of Human Services, through school districts, shall

provide to the parents and guardians of each student with an

IEP a copy of the latest version of the Department of Human

Services's guide titled "Understanding PUNS: A Guide to

Prioritization for Urgency of Need for Services" each year at

the annual review meeting for the student's individualized

education program.

(e) (Blank).

(f) Subject to appropriation, the Department of Human

Services shall expand its selection of individuals from the

PUNS Prioritization of Urgency of Need for Services database

to include individuals who receive services through the

Children and Young Adults with Developmental Disabilities -

Support Waiver.

(Source: P.A. 102-57, eff. 7-9-21; 103-504, eff. 1-1-24;

103-546, eff. 8-11-23; revised 9-28-23.)

(105 ILCS 5/2-3.196)

(This Section may contain text from a Public Act with a

delayed effective date)

(Section scheduled to be repealed on July 1, 2029)

Sec. 2-3.196. Discrimination, harassment, and retaliation

reporting.

(a) The requirements of this Section are subject to

appropriation.

(b) The State Board of Education shall build data

collection systems to allow the collection of data on reported

allegations of the conduct described in paragraph (1).

Beginning on August 1 of the year after the systems are

implemented and for each reporting school year beginning on

August 1 and ending on July 31 thereafter, each school

district, charter school, and nonpublic, nonsectarian

elementary or secondary school shall disclose to the State

Board of Education all of the following information:

(1) The total number of reported allegations of

discrimination, harassment, or retaliation against

students received by each school district, charter school,

or nonpublic, nonsectarian elementary or secondary school

during the reporting school year, defined as August 1 to

July 31, in each of the following categories:

(A) sexual harassment;

(B) discrimination or harassment on the basis of

race, color, or national origin;

(C) discrimination or harassment on the basis of

sex;

(D) discrimination or harassment on the basis of

religion;

(E) discrimination or harassment on the basis of

disability; and

(F) retaliation.

(2) The status of allegations, as of the last day of

the reporting period, in each category under paragraph

(1).

Allegations shall be reported as unfounded, founded,

or investigation pending by the school district, charter

school, or nonpublic, nonsectarian elementary or secondary

school.

(c) A school district, charter school, or nonpublic,

nonsectarian elementary or secondary school may not include in

any disclosures required under this Section any information by

which an individual may be personally identified, including

the name of the victim or victims or those accused of an act of

alleged discrimination, harassment, or retaliation.

(d) If a school district, charter school, or nonpublic,

nonsectarian elementary or secondary school fails to disclose

the information required in subsection (b) of this Section by

July 31 of the reporting school year, the State Board of

Education shall provide a written request for disclosure to

the school district, charter school, or nonpublic,

nonsectarian elementary or secondary school, thereby providing

the period of time in which the required information must be

disclosed. If a school district, charter school, or nonpublic,

nonsectarian elementary or secondary school fails to disclose

the information within 14 days after receipt of that written

request, the State Board of Education may petition the

Department of Human Rights to initiate a charge of a civil

rights violation pursuant to Section 5A-102 of the Illinois

Human Rights Act.

(e) The State Board of Education shall publish an annual

report aggregating the information reported by school

districts, charter schools, and nonpublic, nonsectarian

elementary or secondary schools under subsection (b) of this

Section. Data included in the report shall not be publicly

attributed to any individual school district, charter school,

or nonpublic, nonsectarian elementary or secondary school. The

report shall include the number of incidents reported between

August 1 and July 31 of the preceding reporting school year,

based on each of the categories identified under paragraph (1)

of this subsection (b).

The annual report shall be filed with the Department of

Human Rights and the General Assembly and made available to

the public by July 1 of the year following the reporting school

year. Data submitted by a school district, charter school, or

nonpublic, nonsectarian elementary or secondary school to

comply with this Section is confidential and exempt from the

Freedom of Information Act.

(f) The State Board of Education may adopt any rules

deemed necessary for implementation of this Section.

(g) This Section is repealed on July 1, 2029.

(Source: P.A. 103-472, eff. 8-1-24.)

(105 ILCS 5/2-3.198)

Sec. 2-3.198 2-3.196. Teacher Vacancy Grant Pilot Program.

(a) Subject to appropriation, beginning in Fiscal Year

2024, the State Board of Education shall administer a 3-year

Teacher Vacancy Grant Pilot Program for the allocation of

formula grant funds to school districts to support the

reduction of unfilled teaching positions throughout the State.

The State Board shall identify which districts are eligible to

apply for a 3-year grant under this Section by reviewing the

State Board's Fiscal Year 2023 annual unfilled teaching

positions report to determine which districts designated as

Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the

greatest need for funds. Based on the National Center for

Education Statistics locale classifications, 60% of eligible

districts shall be rural districts and 40% of eligible

districts shall be urban districts. Continued funding for the

grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to

appropriation. The State Board shall post, on its website,

information about the grant program and the list of identified

districts that are eligible to apply for a grant under this

subsection.

(b) A school district that is determined to be eligible

for a grant under subsection (a) and that chooses to

participate in the program must submit an application to the

State Board that describes the relevant context for the need

for teacher vacancy support, suspected causes of teacher

vacancies in the district, and the district's plan in

utilizing grant funds to reduce unfilled teaching positions

throughout the district. If an eligible school district

chooses not to participate in the program, the State Board

shall identify a potential replacement district by using the

same methodology described in subsection (a).

(c) Grant funds awarded under this Section may be used for

financial incentives to support the recruitment and hiring of

teachers, programs and incentives to strengthen teacher

pipelines, or investments to sustain teachers and reduce

attrition among teachers. Grant funds shall be used only for

the purposes outlined in the district's application to the

State Board to reduce unfilled teaching positions. Grant funds

shall not be used for any purposes not approved by the State

Board.

(d) A school district that receives grant funds under this

Section shall submit an annual report to the State Board that

includes, but is not limited to, a summary of all grant-funded

activities implemented to reduce unfilled teaching positions,

progress towards reducing unfilled teaching positions, the

number of unfilled teaching positions in the district in the

preceding fiscal year, the number of new teachers hired during

the program, the teacher attrition rate, the number of

individuals participating in any programs designed to reduce

attrition, the number of teachers retained using support of

the grant funds, participation in any strategic pathway

programs created under the program, and the number of and

participation in any new pathways into teaching positions

created under the program.

(e) No later than March 1, 2027, the State Board shall

submit a report to the Governor and the General Assembly on the

efficacy of the pilot program that includes a summary of the

information received under subsection (d) and an overview of

its activities to support grantees.

(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)

(105 ILCS 5/2-3.199)

Sec. 2-3.199 2-3.196. Computer Science Equity Grant

Program.

(a) Subject to appropriation, the State Board shall

establish a competitive grant program to support the

development or enhancement of computer science programs in the

K-12 schools. Eligible entities are regional offices of

education, intermediate service centers, State higher

education institutions, schools designated as laboratory

schools, and school districts. Approved entities shall be

responsible for ensuring that appropriate facilities are

available and educators are appropriately trained on the use

of any technologies or devices acquired for the purposes of

the grant.

(b) Computer Science Equity Grant Program funds shall be

used in the following manner consistent with application

requirements established by the State Board of Education as

provided in this Article:

(1) to expand learning opportunities in grades K-12 to

ensure that all students have access to computer science

coursework that is aligned to rigorous State standards and

emerging labor market needs;

(2) to train and retrain teachers of grades K-12 to be

more proficient in the teaching of computer science by

providing professional development opportunities;

(3) to supply classrooms with materials and equipment

related to the teaching and learning of computer science;

and

(4) to more effectively recruit and better serve K-12

learners who are underrepresented in the computer science

labor market for enrollment in computer science

coursework.

(c) Computer Science Equity Grant Program funds shall be

made available to each eligible entity upon completion of an

application process that is consistent with rules established

by the State Board of Education. The application shall include

the planned use of the funds; identification of need for the

funds that is supported by local, regional, and state data; a

plan for long-term sustainability; and a long-term plan for

continuous improvement.

(d) The State Board of Education shall adopt rules as may

be necessary to implement the provision of this Article,

including, but not limited to, the identification of

additional prioritization areas for each competitive grant

application cycle that are within the scope of the authorized

uses. Priority consideration for all applications will be

given for proposals that intend to serve a majority of

learners or teachers with gender or racial/ethnic identities

that are underrepresented in the computer science labor

market.

(e) Up to 2 renewals of the grant will be allowed,

providing the entity awarded satisfactorily completes

programmatic reporting and meets program objectives

commensurate with application requirements set forth by the

State Board of Education.

(f) Grants under the Computer Science Equity Grant Program

and funding levels for satisfactory applications may be

prorated according to the amount appropriated.

(Source: P.A. 103-264, eff. 1-1-24; revised 9-25-23.)

(105 ILCS 5/2-3.200)

Sec. 2-3.200 2-3.196. State Board of Education literacy

assistance.

(a) The State Board of Education shall adopt and make

available all of the following to each publicly funded school

district by July 1, 2024:

(1) A rubric by which districts may evaluate curricula

and select and implement evidence-based, culturally

inclusive core reading instruction programs aligned with

the comprehensive literacy plan for the State described in

subsection (c).

(2) A template to support districts when developing

comprehensive, district-wide literacy plans that include

support for special student populations, including, at a

minimum, students with disabilities, multilingual

students, and bidialectal students.

(3) Guidance on evidence-based practices for effective

structures for training and deploying literacy coaches to

support teachers and close opportunity gaps among student

demographic groups.

(b) On or before January 1, 2025, the State Board of

Education shall develop and make available training

opportunities for educators in teaching reading that are

aligned with the comprehensive literacy plan described in

subsection (c) and consistent with State learning standards.

This support may include:

(1) the development of a microcredential or a series

of microcredentials in literacy instruction aligned with

the comprehensive literacy plan described in subsection

(c) to be affixed to educator licenses upon successful

demonstration of the skill or completion of the required

coursework or assessment, or both, or online training

modules on literacy instruction, aligned with the

comprehensive literacy plan described in subsection (c)

and consistent with State learning standards, accepted for

continuing professional development units; and

(2) the creation and dissemination of a tool that

school districts, educators, and the public may use to

evaluate professional development and training programs

related to literacy instruction.

(c) In consultation with education stakeholders, the State

Board of Education shall develop and adopt a comprehensive

literacy plan for the State on or before January 31, 2024. The

comprehensive literacy plan shall consider, without

limitation, evidence-based research and culturally and

linguistically sustaining pedagogical approaches to meet the

needs of all students and shall, at a minimum, do all of the

following:

(1) Consider core instructional literacy practices and

practices related to the unique needs of and support for

specific student populations, including, at a minimum,

students with disabilities, multilingual students, and

bidialectal students, and the resources and support,

including professional learning for teachers, needed to

effectively implement the literacy instruction.

(2) Provide guidance related to screening tools, the

administration of such screening tools, and the

interpretation of the resulting data to identify students

at risk of reading difficulties in grades kindergarten

through 2. This guidance shall outline instances in which

dyslexia screenings and other universal screeners are

appropriate for use with English learners.

(3) Provide guidance related to early literacy

intervention for students in grades kindergarten through 2

for schools to implement with students at risk of reading

difficulties, as well as literacy intervention for

students in grades 3 through 12 demonstrating reading

difficulties.

(4) Consider the impact of second language acquisition

and bilingual education on reading instruction in the

student's native language and English.

(5) Define key terminology, such as "evidence-based".

(6) Contextualize the interaction between elements of

the plan and existing laws and regulations that have

overlapping components, such as a multi-tiered system of

support.

(7) Focus on a comprehensive range of elements of

literacy, including phonological awareness; decoding

(phonics); encoding (spelling); vocabulary development,

including morphology, oracy, and reading fluency; and

reading comprehension, including syntax and background and

content knowledge.

(Source: P.A. 103-402, eff. 7-28-23; revised 9-25-23.)

(105 ILCS 5/2-3.201)

Sec. 2-3.201 2-3.196. Children's Adversity Index. The

Illinois State Board of Education shall develop a community or

district-level Children's Adversity Index ("index") to measure

community childhood trauma exposure across the population of

children 3 through 18 years of age by May 31, 2025. This

cross-agency effort shall be led by the State Board of

Education and must include agencies that both collect the data

and will have an ultimate use for the index information,

including, but not limited to, the Governor's Office of Early

Childhood Development, the Department of Human Services, the

Department of Public Health, the Department of Innovation and

Technology, the Illinois Criminal Justice Information

Authority, the Department of Children and Family Services, and

the Department of Juvenile Justice. The State Board of

Education may also involve non-agency personnel with relevant

expertise. The index shall be informed by research and include

both adverse incident data, such as the number or rates of

students and families experiencing homelessness and the number

or percentages of children who have had contact with the child

welfare system, and indicators of aspects of a child's

environment that can undermine the child's sense of safety,

stability, and bonding, including growing up in a household

with caregivers struggling with substance disorders or

instability due to parent or guardian separation or

incarceration of a parent or guardian, sibling, or other

member of the household, or exposure to community violence.

The index shall provide information that allows for measuring

progress, comparing school districts to the State average, and

that enables the index to be updated at least every 2 years.

The data shall be made publicly available. The initial

development of the index should leverage available data.

Personally identifiable information of any individual shall

not be revealed within this index.

(Source: P.A. 103-413, eff. 1-1-24; revised 9-25-23.)

(105 ILCS 5/2-3.202)

Sec. 2-3.202 2-3.196. Clothing resource materials. By no

later than July 1, 2024, the State Board of Education shall

make available to schools resource materials developed in

consultation with stakeholders regarding a student wearing or

accessorizing the student's graduation attire with general

items that may be used by the student to associate with,

identify, or declare the student's cultural, ethnic, or

religious identity or any other protected characteristic or

category identified in subsection (Q) of Section 1-103 of the

Illinois Human Rights Act. The State Board of Education shall

make the resource materials available on its Internet website.

(Source: P.A. 103-463, eff. 8-4-23; revised 9-25-23.)

(105 ILCS 5/2-3.203)

Sec. 2-3.203 2-3.196. Mental health screenings. On or

before December 15, 2023, the State Board of Education, in

consultation with the Children's Behavioral Health

Transformation Officer, Children's Behavioral Health

Transformation Team, and the Office of the Governor, shall

file a report with the Governor and the General Assembly that

includes recommendations for implementation of mental health

screenings in schools for students enrolled in kindergarten

through grade 12. This report must include a landscape scan of

current district-wide screenings, recommendations for

screening tools, training for staff, and linkage and referral

for identified students.

(Source: P.A. 103-546, eff. 8-11-23; revised 9-25-23.)

(105 ILCS 5/3-11)

(Text of Section before amendment by P.A. 103-542)

Sec. 3-11. Institutes or inservice training workshops.

(a) In counties of less than 2,000,000 inhabitants, the

regional superintendent may arrange for or conduct district,

regional, or county institutes, or equivalent professional

educational experiences, not more than 4 days annually. Of

those 4 days, 2 days may be used as a teacher's and educational

support personnel workshop, when approved by the regional

superintendent, up to 2 days may be used for conducting

parent-teacher conferences, or up to 2 days may be utilized as

parental institute days as provided in Section 10-22.18d.

Educational support personnel may be exempt from a workshop if

the workshop is not relevant to the work they do. A school

district may use one of its 4 institute days on the last day of

the school term. "Institute" or "Professional educational

experiences" means any educational gathering, demonstration of

methods of instruction, visitation of schools or other

institutions or facilities, sexual abuse and sexual assault

awareness seminar, or training in First Aid (which may include

cardiopulmonary resuscitation or defibrillator training) held

or approved by the regional superintendent and declared by the

regional superintendent him to be an institute day, or

parent-teacher conferences. With the concurrence of the State

Superintendent of Education, he or she may employ such

assistance as is necessary to conduct the institute. Two or

more adjoining counties may jointly hold an institute.

Institute instruction shall be free to holders of licenses

good in the county or counties holding the institute and to

those who have paid an examination fee and failed to receive a

license.

In counties of 2,000,000 or more inhabitants, the regional

superintendent may arrange for or conduct district, regional,

or county inservice training workshops, or equivalent

professional educational experiences, not more than 4 days

annually. Of those 4 days, 2 days may be used as a teacher's

and educational support personnel workshop, when approved by

the regional superintendent, up to 2 days may be used for

conducting parent-teacher conferences, or up to 2 days may be

utilized as parental institute days as provided in Section

10-22.18d. Educational support personnel may be exempt from a

workshop if the workshop is not relevant to the work they do. A

school district may use one of those 4 days on the last day of

the school term. "Inservice Training Workshops" or

"Professional educational experiences" means any educational

gathering, demonstration of methods of instruction, visitation

of schools or other institutions or facilities, sexual abuse

and sexual assault awareness seminar, or training in First Aid

(which may include cardiopulmonary resuscitation or

defibrillator training) held or approved by the regional

superintendent and declared by him to be an inservice training

workshop, or parent-teacher conferences. With the concurrence

of the State Superintendent of Education, he may employ such

assistance as is necessary to conduct the inservice training

workshop. With the approval of the regional superintendent, 2

or more adjoining districts may jointly hold an inservice

training workshop. In addition, with the approval of the

regional superintendent, one district may conduct its own

inservice training workshop with subject matter consultants

requested from the county, State or any State institution of

higher learning.

Such teachers institutes as referred to in this Section

may be held on consecutive or separate days at the option of

the regional superintendent having jurisdiction thereof.

Whenever reference is made in this Act to "teachers

institute", it shall be construed to include the inservice

training workshops or equivalent professional educational

experiences provided for in this Section.

Any institute advisory committee existing on April 1,

1995, is dissolved and the duties and responsibilities of the

institute advisory committee are assumed by the regional

office of education advisory board.

Districts providing inservice training programs shall

constitute inservice committees, 1/2 of which shall be

teachers, 1/4 school service personnel and 1/4 administrators

to establish program content and schedules.

The teachers institutes shall include teacher training

committed to (i) peer counseling programs and other

anti-violence and conflict resolution programs, including

without limitation programs for preventing at risk students

from committing violent acts, and (ii) educator ethics and

teacher-student conduct. Beginning with the 2009-2010 school

year, the teachers institutes shall include instruction on

prevalent student chronic health conditions. Beginning with

the 2016-2017 school year, the teachers institutes shall

include, at least once every 2 years, instruction on the

federal Americans with Disabilities Act as it pertains to the

school environment.

(b) In this subsection (b):

"Trauma" is defined according to an event, an experience,

and effects. Individual trauma results from an event, series

of events, or set of circumstances that is experienced by an

individual as physically or emotionally harmful or life

threatening and that has lasting adverse effects on the

individual's functioning and mental, physical, social, or

emotional well-being. Collective trauma is a psychological

reaction to a traumatic event shared by any group of people.

This may include, but is not limited to, community violence,

experiencing racism and discrimination, and the lack of the

essential supports for well-being, such as educational or

economic opportunities, food, health care, housing, and

community cohesion. Trauma can be experienced by anyone,

though it is disproportionately experienced by members of

marginalized groups. Systemic and historical oppression, such

as racism, is often at the root of this inequity. Symptoms may

vary at different developmental stages and across different

cultural groups and different communities.

"Trauma-responsive learning environments" means learning

environments developed during an ongoing, multiyear-long

process that typically progresses across the following 3

stages:

(1) A school or district is "trauma aware" when it:

(A) has personnel that demonstrate a foundational

understanding of a broad definition of trauma that is

developmentally and culturally based; includes

students, personnel, and communities; and recognizes

the potential effect on biological, cognitive,

academic, and social-emotional functioning; and

(B) recognizes that traumatic exposure can impact

behavior and learning and should be acknowledged in

policies, strategies, and systems of support for

students, families, and personnel.

(2) A school or district is "trauma responsive" when

it progresses from awareness to action in the areas of

policy, practice, and structural changes within a

multi-tiered system of support to promote safety, positive

relationships, and self-regulation while underscoring the

importance of personal well-being and cultural

responsiveness. Such progress may:

(A) be aligned with the Illinois Quality Framework

and integrated into a school or district's continuous

improvement process as evidence to support allocation

of financial resources;

(B) be assessed and monitored by a

multidisciplinary leadership team on an ongoing basis;

and

(C) involve the engagement and capacity building

of personnel at all levels to ensure that adults in the

learning environment are prepared to recognize and

respond to those impacted by trauma.

(3) A school or district is healing centered when it

acknowledges its role and responsibility to the community,

fully responds to trauma, and promotes resilience and

healing through genuine, trusting, and creative

relationships. Such school schools or district districts

may:

(A) promote holistic and collaborative approaches

that are grounded in culture, spirituality, civic

engagement, and equity; and

(B) support agency within individuals, families,

and communities while engaging people in collective

action that moves from transactional to

transformational.

"Whole child" means using a child-centered, holistic,

equitable lens across all systems that prioritizes physical,

mental, and social-emotional health to ensure that every child

is healthy, safe, supported, challenged, engaged, and

protected.

Starting with the 2024-2025 school year, the teachers

institutes shall provide instruction on trauma-informed

practices and include the definitions of trauma,

trauma-responsive learning environments, and whole child set

forth in this subsection (b) before the first student

attendance day of each school year.

(Source: P.A. 103-413, eff. 1-1-24; revised 11-27-23.)

(Text of Section after amendment by P.A. 103-542)

Sec. 3-11. Institutes or inservice training workshops.

(a) In counties of less than 2,000,000 inhabitants, the

regional superintendent may arrange for or conduct district,

regional, or county institutes, or equivalent professional

educational experiences, not more than 4 days annually. Of

those 4 days, 2 days may be used as a teachers, administrators,

and school support personnel workshop, when approved by the

regional superintendent, up to 2 days may be used for

conducting parent-teacher conferences, or up to 2 days may be

utilized as parental institute days as provided in Section

10-22.18d. School support personnel may be exempt from a

workshop if the workshop is not relevant to the work they do. A

school district may use one of its 4 institute days on the last

day of the school term. "Institute" or "Professional

educational experiences" means any educational gathering,

demonstration of methods of instruction, visitation of schools

or other institutions or facilities, sexual abuse and sexual

assault awareness seminar, or training in First Aid (which may

include cardiopulmonary resuscitation or defibrillator

training) held or approved by the regional superintendent and

declared by the regional superintendent him to be an institute

day, or parent-teacher conferences. With the concurrence of

the State Superintendent of Education, the regional

superintendent may employ such assistance as is necessary to

conduct the institute. Two or more adjoining counties may

jointly hold an institute. Institute instruction shall be free

to holders of licenses good in the county or counties holding

the institute and to those who have paid an examination fee and

failed to receive a license.

In counties of 2,000,000 or more inhabitants, the regional

superintendent may arrange for or conduct district, regional,

or county inservice training workshops, or equivalent

professional educational experiences, not more than 4 days

annually. Of those 4 days, 2 days may be used as a teachers,

administrators, and school support personnel workshop, when

approved by the regional superintendent, up to 2 days may be

used for conducting parent-teacher conferences, or up to 2

days may be utilized as parental institute days as provided in

Section 10-22.18d. School support personnel may be exempt from

a workshop if the workshop is not relevant to the work they do.

A school district may use one of those 4 days on the last day

of the school term. "Inservice Training Workshops" or

"Professional educational experiences" means any educational

gathering, demonstration of methods of instruction, visitation

of schools or other institutions or facilities, sexual abuse

and sexual assault awareness seminar, or training in First Aid

(which may include cardiopulmonary resuscitation or

defibrillator training) held or approved by the regional

superintendent and declared by the regional superintendent to

be an inservice training workshop, or parent-teacher

conferences. With the concurrence of the State Superintendent

of Education, the regional superintendent may employ such

assistance as is necessary to conduct the inservice training

workshop. With the approval of the regional superintendent, 2

or more adjoining districts may jointly hold an inservice

training workshop. In addition, with the approval of the

regional superintendent, one district may conduct its own

inservice training workshop with subject matter consultants

requested from the county, State or any State institution of

higher learning.

Such institutes as referred to in this Section may be held

on consecutive or separate days at the option of the regional

superintendent having jurisdiction thereof.

Whenever reference is made in this Act to "institute", it

shall be construed to include the inservice training workshops

or equivalent professional educational experiences provided

for in this Section.

Any institute advisory committee existing on April 1,

1995, is dissolved and the duties and responsibilities of the

institute advisory committee are assumed by the regional

office of education advisory board.

Districts providing inservice training programs shall

constitute inservice committees, 1/2 of which shall be

teachers, 1/4 school service personnel and 1/4 administrators

to establish program content and schedules.

In addition to other topics not listed in this Section,

the teachers institutes may include training committed to

health conditions of students; social-emotional learning;

developing cultural competency; identifying warning signs of

mental illness and suicidal behavior in youth; domestic and

sexual violence and the needs of expectant and parenting

youth; protections and accommodations for students; educator

ethics; responding to child sexual abuse and grooming

behavior; and effective instruction in violence prevention and

conflict resolution. Institute programs in these topics shall

be credited toward hours of professional development required

for license renewal as outlined in subsection (e) of Section

21B-45.

(b) In this subsection (b):

"Trauma" is defined according to an event, an experience,

and effects. Individual trauma results from an event, series

of events, or set of circumstances that is experienced by an

individual as physically or emotionally harmful or life

threatening and that has lasting adverse effects on the

individual's functioning and mental, physical, social, or

emotional well-being. Collective trauma is a psychological

reaction to a traumatic event shared by any group of people.

This may include, but is not limited to, community violence,

experiencing racism and discrimination, and the lack of the

essential supports for well-being, such as educational or

economic opportunities, food, health care, housing, and

community cohesion. Trauma can be experienced by anyone,

though it is disproportionately experienced by members of

marginalized groups. Systemic and historical oppression, such

as racism, is often at the root of this inequity. Symptoms may

vary at different developmental stages and across different

cultural groups and different communities.

"Trauma-responsive learning environments" means learning

environments developed during an ongoing, multiyear-long

process that typically progresses across the following 3

stages:

(1) A school or district is "trauma aware" when it:

(A) has personnel that demonstrate a foundational

understanding of a broad definition of trauma that is

developmentally and culturally based; includes

students, personnel, and communities; and recognizes

the potential effect on biological, cognitive,

academic, and social-emotional functioning; and

(B) recognizes that traumatic exposure can impact

behavior and learning and should be acknowledged in

policies, strategies, and systems of support for

students, families, and personnel.

(2) A school or district is "trauma responsive" when

it progresses from awareness to action in the areas of

policy, practice, and structural changes within a

multi-tiered system of support to promote safety, positive

relationships, and self-regulation while underscoring the

importance of personal well-being and cultural

responsiveness. Such progress may:

(A) be aligned with the Illinois Quality Framework

and integrated into a school or district's continuous

improvement process as evidence to support allocation

of financial resources;

(B) be assessed and monitored by a

multidisciplinary leadership team on an ongoing basis;

and

(C) involve the engagement and capacity building

of personnel at all levels to ensure that adults in the

learning environment are prepared to recognize and

respond to those impacted by trauma.

(3) A school or district is healing centered when it

acknowledges its role and responsibility to the community,

fully responds to trauma, and promotes resilience and

healing through genuine, trusting, and creative

relationships. Such school schools or district districts

may:

(A) promote holistic and collaborative approaches

that are grounded in culture, spirituality, civic

engagement, and equity; and

(B) support agency within individuals, families,

and communities while engaging people in collective

action that moves from transactional to

transformational.

"Whole child" means using a child-centered, holistic,

equitable lens across all systems that prioritizes physical,

mental, and social-emotional health to ensure that every child

is healthy, safe, supported, challenged, engaged, and

protected.

Starting with the 2024-2025 school year, the teachers

institutes shall provide instruction on trauma-informed

practices and include the definitions of trauma,

trauma-responsive learning environments, and whole child set

forth in this subsection (b) before the first student

attendance day of each school year.

(Source: P.A. 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see

Section 905 of P.A. 103-563 for effective date of P.A.

103-542); revised 11-27-23.)

(105 ILCS 5/10-17a)

Sec. 10-17a. State, school district, and school report

cards; Expanded High School Snapshot Report.

(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 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 the percentage of all students in

grades kindergarten through 8, disaggregated by the

student students demographics described in this paragraph

(A), in each of the following categories: (i) those who

have been assessed for placement in a gifted education

program or accelerated placement, (ii) those who have

enrolled in a gifted education program or in accelerated

placement, and (iii) for each of categories (i) and (ii),

those who received direct instruction from a teacher who

holds a gifted education endorsement; the number and the

percentage of all students in grades 9 through 12,

disaggregated by the student demographics described in

this paragraph (A), who have been enrolled in an advanced

academic program; 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 credit 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, 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, and the percentage

of students with disabilities under the federal

Individuals with Disabilities Education Act and Article 14

of this Code who have fulfilled the minimum State

graduation requirements set forth in Section 27-22 of this

Code and have been issued a regular high school diploma;

(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;

(N) whether the school offered its students career and

technical education opportunities; and

(O) beginning Beginning with the October 2024 report

card, the total number of school counselors, school social

workers, school nurses, and school psychologists by

school, district, and State, the average number of

students per school counselor in the school, district, and

State, the average number of students per school social

worker in the school, district, and State, the average

number of students per school nurse in the school,

district, and State, and the average number of students

per school psychologist in the school, district, and

State.

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):

"Accelerated placement" has the meaning ascribed to that

term in Section 14A-17 of this Code.

"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,

including, but not limited to, accelerated placement, advanced

placement coursework, International Baccalaureate coursework,

dual credit, or any course designated as enriched or honors,

that a student is enrolled in 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.

(2.5) For any school report card prepared after July 1,

2025, for all high school graduation completion rates that are

reported on the school report card as required under this

Section or by any other State or federal law, the State

Superintendent of Education shall also report the percentage

of students who did not meet the requirements of high school

graduation completion for any reason and, of those students,

the percentage that are classified as students who fulfill the

requirements of Section 14-16 of this Code.

The State Superintendent shall ensure that for the

2023-2024 school year there is a specific code for districts

to report students who fulfill the requirements of Section

14-16 of this Code to ensure accurate reporting under this

Section.

All reporting requirements under this subsection (2.5)

shall be included on the school report card where high school

graduation completion rates are reported, along with a brief

explanation of how fulfilling the requirements of Section

14-16 of this Code is different from receiving a regular high

school diploma.

(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.

(7) As used in this subsection (7):

"Advanced-track coursework or programs" means any high

school courses, sequence of courses, or class or grouping of

students organized to provide more rigorous, enriched,

advanced, accelerated, gifted, or above grade-level

instruction. This may include, but is not limited to, Advanced

Placement courses, International Baccalaureate courses,

honors, weighted, advanced, or enriched courses, or gifted or

accelerated programs, classrooms, or courses.

"Course" means any high school class or course offered by

a school that is assigned a school course code by the State

Board of Education.

"English learner coursework or English learner program"

means a high school English learner course or program

designated to serve English learners, who may be designated as

English language learners or limited English proficiency

learners.

"Standard coursework or programs" means any high school

courses or classes other than advanced-track coursework or

programs, English learner coursework or programs, or special

education coursework or programs.

By October 31, 2027 and by October 31 of each subsequent

year, the State Board of Education, through the State

Superintendent of Education, shall prepare a stand-alone

report covering high schools, to be referred to as the

Expanded High School Snapshot Report. The State Board shall

post the Report on the State Board's Internet website. Each

school district with a high school shall include on the school

district's Internet website, if the district maintains an

Internet website, a hyperlink to the Report on the State

Board's Internet website titled "Expanded High School Snapshot

Report". Hyperlinks under this subsection (7) shall be

displayed in a manner that is easily accessible to the public.

The Expanded High School Snapshot Report shall include:

(A) a listing of all standard coursework or programs

offered by a high school;

(B) a listing of all advanced-track coursework or

programs offered by a high school;

(C) a listing of all English learner coursework or

programs offered by a high school;

(D) a listing of all special education coursework or

programs offered by a high school;

(E) data tables and graphs comparing advanced-track

coursework or programs with standard coursework or

programs according to the following parameters:

(i) the average years of experience of all

teachers in a high school who are assigned to teach

advanced-track coursework or programs compared with

the average years of experience of all teachers in the

high school who are assigned to teach standard

coursework or programs;

(ii) the average years of experience of all

teachers in a high school who are assigned to teach

special education coursework or programs compared with

the average years of experience of all teachers in the

high school who are assigned to teach standard

coursework or programs;

(iii) the average years of experience of all

teachers in a high school who are assigned to teach

English learner coursework or programs compared with

the average years of experience of all teachers in the

high school who are assigned to teach standard

coursework or programs;

(iv) the number of high school teachers who

possess bachelor's, master's, or doctorate degrees and

who are assigned to teach advanced-track courses or

programs compared with the number of teachers who

possess bachelor's, master's, or doctorate degrees and

who are assigned to teach standard coursework or

programs;

(v) the number of high school teachers who possess

bachelor's, master's, or doctorate degrees and who are

assigned to teach special education coursework or

programs compared with the number of teachers who

possess bachelor's, master's, or doctorate degrees and

who are assigned to teach standard coursework or

programs;

(vi) the number of high school teachers who

possess bachelor's, master's, or doctorate degrees and

who are assigned to teach English learner coursework

or programs compared with the number of teachers who

possess bachelor's, master's, or doctorate degrees and

who are assigned to teach standard coursework or

programs;

(vii) the average student enrollment and class

size of advanced-track coursework or programs offered

in a high school compared with the average student

enrollment and class size of standard coursework or

programs;

(viii) the percentages of students delineated by

gender who are enrolled in advanced-track coursework

or programs in a high school compared with the gender

of students enrolled in standard coursework or

programs;

(ix) the percentages of students delineated by

gender who are enrolled in special education

coursework or programs in a high school compared with

the percentages of students enrolled in standard

coursework or programs;

(x) the percentages of students delineated by

gender who are enrolled in English learner coursework

or programs in a high school compared with the gender

of students enrolled in standard coursework or

programs;

(xi) the percentages of high school students in

each individual race and ethnicity category, as

defined in the most recent federal decennial census,

who are enrolled in advanced-track coursework or

programs compared with the percentages of students in

each individual race and ethnicity category enrolled

in standard coursework or programs;

(xii) the percentages of high school students in

each of the race and ethnicity categories, as defined

in the most recent federal decennial census, who are

enrolled in special education coursework or programs

compared with the percentages of students in each of

the race and ethnicity categories who are enrolled in

standard coursework or programs;

(xiii) the percentages of high school students in

each of the race and ethnicity categories, as defined

in the most recent federal decennial census, who are

enrolled in English learner coursework or programs in

a high school compared with the percentages of high

school students in each of the race and ethnicity

categories who are enrolled in standard coursework or

programs;

(xiv) the percentage of high school students who

reach proficiency (the equivalent of a C grade or

higher on a grade A through F scale) in advanced-track

coursework or programs compared with the percentage of

students who earn proficiency (the equivalent of a C

grade or higher on a grade A through F scale) in

standard coursework or programs;

(xv) the percentage of high school students who

reach proficiency (the equivalent of a C grade or

higher on a grade A through F scale) in special

education coursework or programs compared with the

percentage of high school students who earn

proficiency (the equivalent of a C grade or higher on a

grade A through F scale) in standard coursework or

programs; and

(xvi) the percentage of high school students who

reach proficiency (the equivalent of a C grade or

higher on a grade A through F scale) in English learner

coursework or programs compared with the percentage of

high school students who earn proficiency (the

equivalent of a C grade or higher on a grade A through

F scale) in standard coursework or programs; and

(F) data tables and graphs for each race and ethnicity

category, as defined in the most recent federal decennial

census, and gender category, as defined in the most recent

federal decennial census, describing:

(i) the total number of Advanced Placement courses

taken by race and ethnicity category and gender

category, as defined in the most recent federal

decennial census;

(ii) the total number of International

Baccalaureate courses taken by race and ethnicity

category and gender category, as defined in the most

recent federal decennial census;

(iii) for each race and ethnicity category and

gender category, as defined in the most recent federal

decennial census, the percentage of high school

students enrolled in Advanced Placement courses;

(iv) for each race and ethnicity category and

gender category, as defined in the most recent federal

decennial census, the percentage of high school

students enrolled in International Baccalaureate

courses; and

(v) for each race and ethnicity category, as

defined in the most recent federal decennial census,

the total number and percentage of high school

students who earn a score of 3 or higher on the

Advanced Placement exam associated with an Advanced

Placement course.

For data on teacher experience and education under this

subsection (7), a teacher who teaches a combination of courses

designated as advanced-track coursework or programs, English

learner coursework or programs, or standard coursework or

programs shall be included in all relevant categories and the

teacher's level of experience shall be added to the

categories.

(Source: P.A. 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; 102-813, eff. 5-13-22; 103-116, eff. 6-30-23; 103-263,

eff. 6-30-23; 103-413, eff, 1-1-24; 103-503, eff. 1-1-24;

revised 9-12-23.)

(105 ILCS 5/10-20.67)

Sec. 10-20.67. Short-term substitute teacher training.

(a) Each school board shall, in collaboration with its

teachers or, if applicable, the exclusive bargaining

representative of its teachers, jointly develop a short-term

substitute teacher training program that provides individuals

who hold a Short-Term Substitute Teaching License under

Section 21B-20 of this Code with information on curriculum,

classroom management techniques, school safety, and district

and building operations. The State Board of Education may

develop a model short-term substitute teacher training program

for use by a school board under this subsection (a) if the

school board and its teachers or, if applicable, the exclusive

bargaining representative of its teachers agree to use the

State Board's model. A school board with a substitute teacher

training program in place before July 1, 2018 (the effective

date of Public Act 100-596) may utilize that program to

satisfy the requirements of this subsection (a).

(b) Nothing in this Section prohibits a school board from

offering substitute training to substitute teachers licensed

under paragraph (3) of Section 21B-20 of this Code or to

substitute teachers holding a Professional Educator License.

(c) (Blank).

(Source: P.A. 103-111, eff. 6-29-23; revised 9-20-23.)

(105 ILCS 5/10-20.85)

Sec. 10-20.85. Trauma kit.

(a) In this Section, "trauma kit" means a first aid

response kit that contains, at a minimum, all of the

following:

(1) One tourniquet endorsed by the Committee on

Tactical Combat Casualty Care.

(2) One compression bandage.

(3) One hemostatic bleeding control dressing endorsed

by the Committee on Tactical Combat Casualty Care.

(4) Protective gloves and a marker.

(5) Scissors.

(6) Instructional documents developed by the Stop the

Bleed national awareness campaign of the United States

Department of Homeland Security or the American College of

Surgeons' Committee on Trauma, or both.

(7) Any other medical materials or equipment similar

to those described in paragraphs (1) through (3) or any

other items that (i) are approved by a local law

enforcement agency or first responders, (ii) can

adequately treat a traumatic injury, and (iii) can be

stored in a readily available kit.

(b) Each school district may maintain an on-site trauma

kit at each school of the district for bleeding emergencies.

(c) Products purchased for the trauma kit, including those

products endorsed by the Committee on Tactical Combat Casualty

Care, shall, whenever possible, be manufactured in the United

States.

(Source: P.A. 103-128, eff. 6-30-23.)

(105 ILCS 5/10-20.86)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 10-20.86 10-20.85. Community input on local

assessments.

(a) As used in this Section, "district-administered

assessment" means an assessment that requires all student test

takers at any grade level to answer the same questions, or a

selection of questions from a common bank of questions, in the

same manner or substantially the same questions in the same

manner. The term does not include an observational assessment

tool used to satisfy the requirements of Section 2-3.64a-10 of

this Code or an assessment developed by district teachers or

administrators that will be used to measure student progress

at an attendance center within the school district.

(b) Prior to approving a new contract for any

district-administered assessment, a school board must hold a

public vote at a regular meeting of the school board, at which

the terms of the proposal must be substantially presented and

an opportunity for allowing public comments must be provided,

subject to applicable notice requirements. However, if the

assessment being made available to review is subject to

copyright, trademark, or other intellectual property

protection, the review process shall include technical and

procedural safeguards to ensure that the materials are not

able to be widely disseminated to the general public in

violation of the intellectual property rights of the publisher

and to ensure content validity is not undermined.

(Source: P.A. 103-393, eff. 7-1-24; revised 8-30-23.)

(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.4, 356z.4a, 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, 356z.51,

356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and

356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70

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. 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; 102-731, eff. 1-1-23; 102-804,

eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;

102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff.

1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420,

eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23;

103-551, eff. 8-11-23; revised 8-29-23.)

(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)

Sec. 10-22.36. Buildings for school purposes.

(a) To build or purchase a building for school classroom

or instructional purposes upon the approval of a majority of

the voters upon the proposition at a referendum held for such

purpose or in accordance with Section 17-2.11, 19-3.5, or

19-3.10. The board may initiate such referendum by resolution.

The board shall certify the resolution and proposition to the

proper election authority for submission in accordance with

the general election law.

The questions of building one or more new buildings for

school purposes or office facilities, and issuing bonds for

the purpose of borrowing money to purchase one or more

buildings or sites for such buildings or office sites, to

build one or more new buildings for school purposes or office

facilities or to make additions and improvements to existing

school buildings, may be combined into one or more

propositions on the ballot.

Before erecting, or purchasing or remodeling such a

building the board shall submit the plans and specifications

respecting heating, ventilating, lighting, seating, water

supply, toilets and safety against fire to the regional

superintendent of schools having supervision and control over

the district, for approval in accordance with Section 2-3.12.

Notwithstanding any of the foregoing, no referendum shall

be required if the purchase, construction, or building of any

such building (1) occurs while the building is being leased by

the school district or (2) is paid with (A) funds derived from

the sale or disposition of other buildings, land, or

structures of the school district or (B) funds received (i) as

a grant under the School Construction Law or (ii) as gifts or

donations, provided that no funds to purchase, construct, or

build such building, other than lease payments, are derived

from the district's bonded indebtedness or the tax levy of the

district.

Notwithstanding any of the foregoing, no referendum shall

be required if the purchase, construction, or building of any

such building is paid with funds received from the County

School Facility and Resources Occupation Tax Law under Section

5-1006.7 of the Counties Code or from the proceeds of bonds or

other debt obligations secured by revenues obtained from that

Law.

Notwithstanding any of the foregoing, for Decatur School

District Number 61, no referendum shall be required if at

least 50% of the cost of the purchase, construction, or

building of any such building is paid, or will be paid, with

funds received or expected to be received as part of, or

otherwise derived from, any COVID-19 pandemic relief program

or funding source, including, but not limited to, Elementary

and Secondary School Emergency Relief Fund grant proceeds.

(b) Notwithstanding the provisions of subsection (a), for

any school district: (i) that is a tier 1 school, (ii) that has

a population of less than 50,000 inhabitants, (iii) whose

student population is between 5,800 and 6,300, (iv) in which

57% to 62% of students are low-income, and (v) whose average

district spending is between $10,000 to $12,000 per pupil,

until July 1, 2025, no referendum shall be required if at least

50% of the cost of the purchase, construction, or building of

any such building is paid, or will be paid, with funds received

or expected to be received as part of, or otherwise derived

from, the federal Consolidated Appropriations Act and the

federal American Rescue Plan Act of 2021.

For this subsection (b), the school board must hold at

least 2 public hearings, the sole purpose of which shall be to

discuss the decision to construct a school building and to

receive input from the community. The notice of each public

hearing that sets forth the time, date, place, and name or

description of the school building that the school board is

considering constructing must be provided at least 10 days

prior to the hearing by publication on the school board's

Internet website.

(c) Notwithstanding the provisions of subsections

subsection (a) and (b), for Cahokia Community Unit School

District 187, no referendum shall be required for the lease of

any building for school or educational purposes if the cost is

paid or will be paid with funds available at the time of the

lease in the district's existing fund balances to fund the

lease of a building during the 2023-2024 or 2024-2025 school

year.

For the purposes of this subsection (c), the school board

must hold at least 2 public hearings, the sole purpose of which

shall be to discuss the decision to lease a school building and

to receive input from the community. The notice of each public

hearing that sets forth the time, date, place, and name or

description of the school building that the school board is

considering leasing must be provided at least 10 days prior to

the hearing by publication on the school district's website.

(d) (c) Notwithstanding the provisions of subsections

subsection (a) and (b), for Bloomington School District 87, no

referendum shall be required for the purchase, construction,

or building of any building for school or education purposes

if such cost is paid, or will be paid with funds available at

the time of contract, purchase, construction, or building in

Bloomington School District Number 87's existing fund balances

to fund the procurement or requisition of a building or site

during the 2022-2023, 2023-2024, or 2024-2025 school year

years.

For this subsection (d) (c), the school board must hold at

least 2 public hearings, the sole purpose of which shall be to

discuss the decision to construct a school building and to

receive input from the community. The notice of each public

hearing that sets forth the time, date, place, and name or

description of the school building that the school board is

considering constructing must be provided at least 10 days

prior to the hearing by publication on the school board's

website.

(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22;

103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.)

(105 ILCS 5/10-22.39)

(Text of Section before amendment by P.A. 103-41 and P.A.

103-542)

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) must include the definitions of trauma, trauma-responsive

learning environments, and whole child set forth in subsection

(b) of Section 3-11 of this Code and 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.

(g) At least once every 2 years, a school board shall

conduct in-service training for all school district employees

on the methods to respond to trauma. The training must include

instruction on how to respond to an incident involving

life-threatening bleeding and, if applicable, how to use a

school's trauma kit. A school board may satisfy the training

requirements under this subsection by using the training,

including online training, available from the American College

of Surgeons or any other similar organization.

School district employees who are trained to respond to

trauma pursuant to this subsection (g) shall be immune from

civil liability in the use of a trauma kit unless the action

constitutes willful or wanton misconduct.

(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23;

102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff.

1-1-24; revised 11-27-23.)

(Text of Section after amendment by P.A. 103-542 but

before amendment by P.A. 103-41)

Sec. 10-22.39. In-service training programs.

(a) To conduct in-service training programs for teachers,

administrators, and school support personnel.

(b) In addition to other topics at in-service training

programs listed in this Section, teachers, administrators, and

school support personnel who work with pupils must be trained

in the following topics: health conditions of students;

social-emotional learning; developing cultural competency;

identifying warning signs of mental illness and suicidal

behavior in youth; domestic and sexual violence and the needs

of expectant and parenting youth; protections and

accommodations for students; educator ethics; responding to

child sexual abuse and grooming behavior; and effective

instruction in violence prevention and conflict resolution.

In-service training programs in these topics shall be credited

toward hours of professional development required for license

renewal as outlined in subsection (e) of Section 21B-45.

School support personnel may be exempt from in-service

training if the training is not relevant to the work they do.

Nurses and school nurses, as defined by Section 10-22.23,

are exempt from training required in subsection (b-5).

Beginning July 1, 2024, all teachers, administrators, and

school support personnel shall complete training as outlined

in Section 10-22.39 during an in-service training program

conducted by their school board or through other training

opportunities, including, but not limited to, institutes under

Section 3-11. Such training must be completed within 6 months

of employment by a school board and renewed at least once every

5 years, unless required more frequently by other State or

federal law or in accordance with this Section. If teachers,

administrators, or school support personnel obtain training

outside of an in-service training program or from a previous

public school district or nonpublic school employer, they may

present documentation showing current compliance with this

subsection to satisfy the requirement of receiving training

within 6 months of first being employed. Training may be

delivered through online, asynchronous means.

(b-5) Training regarding health conditions of students for

staff required by this Section shall include, but is not

limited to:

(1) Chronic health conditions of students.

(2) Anaphylactic reactions and management. Such

training shall be conducted by persons with expertise in

anaphylactic reactions and management.

(3) The management of asthma, the prevention of asthma

symptoms, and emergency response in the school setting.

(4) The basics of seizure recognition and first aid

and appropriate emergency protocols. Such training must be

fully consistent with the best practice guidelines issued

by the Centers for Disease Control and Prevention.

(5) The basics of diabetes care, how to identify when

a student with diabetes needs immediate or emergency

medical attention, and whom to contact in the case of an

emergency.

(6) Current best practices regarding the

identification and treatment of attention deficit

hyperactivity disorder.

(7) Instruction on how to respond to an incident

involving life-threatening bleeding and, if applicable,

how to use a school's trauma kit. Beginning with the

2024-2025 school year, training on life-threatening

bleeding must be completed within 6 months of the employee

first being employed by a school board and renewed within

2 years. Beginning with the 2027-2028 school year, the

training must be completed within 6 months of the employee

first being employed by a school board and renewed at

least once every 5 years thereafter.

In consultation with professional organizations with

expertise in student health issues, including, but not limited

to, asthma management, anaphylactic reactions, seizure

recognition, and diabetes care, the State Board of Education

shall make available resource materials for educating school

personnel about student health conditions and emergency

response in the school setting.

A school board may satisfy the life-threatening bleeding

training under this subsection by using the training,

including online training, available from the American College

of Surgeons or any other similar organization.

(b-10) The training regarding social-emotional learning,

for staff required by this Section may include, at a minimum,

providing education to all school personnel about the content

of the Illinois Social and Emotional Learning Standards, how

those standards apply to everyday school interactions, and

examples of how social emotional learning can be integrated

into instructional practices across all grades and subjects.

(b-15) The training regarding developing cultural

competency for staff required by this Section shall include,

but is not limited to, understanding and reducing implicit

bias, including implicit racial bias. As used in this

subsection, "implicit racial bias" has the meaning set forth

in Section 10-20.61.

(b-20) The training regarding identifying warning signs of

mental illness, trauma, and suicidal behavior in youth for

staff required by this Section shall include, but is not

limited to, appropriate intervention and referral techniques,

including resources and guidelines as outlined in Section

2-3.166, and must include the definitions of trauma,

trauma-responsive learning environments, and whole child set

forth in subsection (b) of Section 3-11 of this Code.

Illinois Mental Health First Aid training, established

under the Illinois Mental Health First Aid Training Act, may

satisfy the requirements of this subsection.

If teachers, administrators, or school support personnel

obtain mental health first aid training outside of an

in-service training program, they 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-25) As used in this subsection:

"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 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 of the Criminal Code of 2012, 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.

The training regarding domestic and sexual violence and

the needs of expectant and parenting youth for staff required

by this Section must be conducted by persons with expertise in

domestic and sexual violence and the needs of expectant and

parenting youth, and shall include, but is not limited to:

(1) communicating with and listening to youth victims

of domestic or sexual violence and expectant and parenting

youth;

(2) 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;

(3) implementing the school district's policies,

procedures, and protocols with regard to such youth,

including confidentiality; at . 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; and

(4) procedures for responding to incidents of teen

dating violence that take place at the school, on school

grounds, at school-sponsored activities, or in vehicles

used for school-provided transportation as outlined in

Section 3.10 of the Critical Health Problems and

Comprehensive Health Education Act.

(b-30) The training regarding protections and

accommodations for students shall include, but is not limited

to, instruction on the federal Americans with Disabilities

Act, as it pertains to the school environment, and

homelessness. Beginning with the 2024-2025 school year,

training on homelessness must be completed within 6 months of

an employee first being employed by a school board and renewed

within 2 years. Beginning with the 2027-2028 school year, the

training must be completed within 6 months of the employee

first being employed by a school board and renewed at least

once every 5 years thereafter. Training on homelessness shall

include the following:

(1) the definition of homeless children and youths

under 42 U.S.C. 11434a;

(2) the signs of homelessness and housing insecurity;

(3) the rights of students experiencing homelessness

under State and federal law;

(4) the steps to take when a homeless or

housing-insecure student is identified; and

(5) the appropriate referral techniques, including the

name and contact number of the school or school district

homeless liaison.

School boards may work with a community-based organization

that specializes in working with homeless children and youth

to develop and provide the training.

(b-35) The training regarding educator ethics and

responding to child sexual abuse and grooming behavior shall

include, but is not limited to, teacher-student conduct,

school employee-student conduct, and evidence-informed

training on preventing, recognizing, reporting, and responding

to child sexual abuse and grooming as outlined in Section

10-23.13.

(b-40) The training regarding effective instruction in

violence prevention and conflict resolution required by this

Section shall be conducted in accordance with the requirements

of Section 27-23.4.

(b-45) (c) Beginning July 1, 2024, all nonpublic

elementary and secondary school teachers, administrators, and

school support personnel shall complete the training set forth

in subsection (b-5). Training must be completed within 6

months of first being employed by a nonpublic school and

renewed at least once every 5 years, unless required more

frequently by other State or federal law. If nonpublic

teachers, administrators, or school support personnel obtain

training from a public school district or nonpublic school

employer, the teacher, administrator, or school support

personnel may present documentation to the nonpublic school

showing current compliance with this subsection to satisfy the

requirement of receiving training within 6 months of first

being employed. must include the definitions of trauma,

trauma-responsive learning environments, and whole child set

forth in subsection (b) of Section 3-11 of this Code and

(c) (Blank).

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) At least once every 2 years, a school board shall

conduct in-service training for all school district employees

on the methods to respond to trauma. The training must include

instruction on how to respond to an incident involving

life-threatening bleeding and, if applicable, how to use a

school's trauma kit. A school board may satisfy the training

requirements under this subsection by using the training,

including online training, available from the American College

of Surgeons or any other similar organization.

School district employees who are trained to respond to

trauma pursuant to this subsection (g) shall be immune from

civil liability in the use of a trauma kit unless the action

constitutes willful or wanton misconduct.

(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23;

102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff.

1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563

for effective date of P.A. 103-542); revised 11-27-23.)

(Text of Section after amendment by P.A. 103-41)

Sec. 10-22.39. In-service training programs.

(a) To conduct in-service training programs for teachers,

administrators, and school support personnel.

(b) In addition to other topics at in-service training

programs listed in this Section, teachers, administrators, and

school support personnel who work with pupils must be trained

in the following topics: health conditions of students;

social-emotional learning; developing cultural competency;

identifying warning signs of mental illness and suicidal

behavior in youth; domestic and sexual violence and the needs

of expectant and parenting youth; protections and

accommodations for students; educator ethics; responding to

child sexual abuse and grooming behavior; and effective

instruction in violence prevention and conflict resolution.

In-service training programs in these topics shall be credited

toward hours of professional development required for license

renewal as outlined in subsection (e) of Section 21B-45.

School support personnel may be exempt from in-service

training if the training is not relevant to the work they do.

Nurses and school nurses, as defined by Section 10-22.23,

are exempt from training required in subsection (b-5).

Beginning July 1, 2024, all teachers, administrators, and

school support personnel shall complete training as outlined

in Section 10-22.39 during an in-service training program

conducted by their school board or through other training

opportunities, including, but not limited to, institutes under

Section 3-11. Such training must be completed within 6 months

of employment by a school board and renewed at least once every

5 years, unless required more frequently by other State or

federal law or in accordance with this Section. If teachers,

administrators, or school support personnel obtain training

outside of an in-service training program or from a previous

public school district or nonpublic school employer, they may

present documentation showing current compliance with this

subsection to satisfy the requirement of receiving training

within 6 months of first being employed. Training may be

delivered through online, asynchronous means.

(b-5) Training regarding health conditions of students for

staff required by this Section shall include, but is not

limited to:

(1) Chronic health conditions of students.

(2) Anaphylactic reactions and management. Such

training shall be conducted by persons with expertise in

anaphylactic reactions and management.

(3) The management of asthma, the prevention of asthma

symptoms, and emergency response in the school setting.

(4) The basics of seizure recognition and first aid

and appropriate emergency protocols. Such training must be

fully consistent with the best practice guidelines issued

by the Centers for Disease Control and Prevention.

(5) The basics of diabetes care, how to identify when

a student with diabetes needs immediate or emergency

medical attention, and whom to contact in the case of an

emergency.

(6) Current best practices regarding the

identification and treatment of attention deficit

hyperactivity disorder.

(7) Instruction on how to respond to an incident

involving life-threatening bleeding and, if applicable,

how to use a school's trauma kit. Beginning with the

2024-2025 school year, training on life-threatening

bleeding must be completed within 6 months of the employee

first being employed by a school board and renewed within

2 years. Beginning with the 2027-2028 school year, the

training must be completed within 6 months of the employee

first being employed by a school board and renewed at

least once every 5 years thereafter.

In consultation with professional organizations with

expertise in student health issues, including, but not limited

to, asthma management, anaphylactic reactions, seizure

recognition, and diabetes care, the State Board of Education

shall make available resource materials for educating school

personnel about student health conditions and emergency

response in the school setting.

A school board may satisfy the life-threatening bleeding

training under this subsection by using the training,

including online training, available from the American College

of Surgeons or any other similar organization.

(b-10) The training regarding social-emotional learning,

for staff required by this Section may include, at a minimum,

providing education to all school personnel about the content

of the Illinois Social and Emotional Learning Standards, how

those standards apply to everyday school interactions, and

examples of how social emotional learning can be integrated

into instructional practices across all grades and subjects.

(b-15) The training regarding developing cultural

competency for staff required by this Section shall include,

but is not limited to, understanding and reducing implicit

bias, including implicit racial bias. As used in this

subsection, "implicit racial bias" has the meaning set forth

in Section 10-20.61.

(b-20) The training regarding identifying warning signs of

mental illness, trauma, and suicidal behavior in youth for

staff required by this Section shall include, but is not

limited to, appropriate intervention and referral techniques,

including resources and guidelines as outlined in Section

2-3.166, and must include the definitions of trauma,

trauma-responsive learning environments, and whole child set

forth in subsection (b) of Section 3-11 of this Code.

Illinois Mental Health First Aid training, established

under the Illinois Mental Health First Aid Training Act, may

satisfy the requirements of this subsection.

If teachers, administrators, or school support personnel

obtain mental health first aid training outside of an

in-service training program, they 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-25) As used in this subsection:

"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 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 of the Criminal Code of 2012, 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.

The training regarding domestic and sexual violence and

the needs of expectant and parenting youth for staff required

by this Section must be conducted by persons with expertise in

domestic and sexual violence and the needs of expectant and

parenting youth, and shall include, but is not limited to:

(1) communicating with and listening to youth victims

of domestic or sexual violence and expectant and parenting

youth;

(2) 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;

(3) implementing the school district's policies,

procedures, and protocols with regard to such youth,

including confidentiality; at . 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; and

(4) procedures for responding to incidents of teen

dating violence that take place at the school, on school

grounds, at school-sponsored activities, or in vehicles

used for school-provided transportation as outlined in

Section 3.10 of the Critical Health Problems and

Comprehensive Health Education Act.

(b-30) The training regarding protections and

accommodations for students shall include, but is not limited

to, instruction on the federal Americans with Disabilities

Act, as it pertains to the school environment, and

homelessness. Beginning with the 2024-2025 school year,

training on homelessness must be completed within 6 months of

an employee first being employed by a school board and renewed

within 2 years. Beginning with the 2027-2028 school year, the

training must be completed within 6 months of the employee

first being employed by a school board and renewed at least

once every 5 years thereafter. Training on homelessness shall

include the following:

(1) the definition of homeless children and youths

under 42 U.S.C. 11434a;

(2) the signs of homelessness and housing insecurity;

(3) the rights of students experiencing homelessness

under State and federal law;

(4) the steps to take when a homeless or

housing-insecure student is identified; and

(5) the appropriate referral techniques, including the

name and contact number of the school or school district

homeless liaison.

School boards may work with a community-based organization

that specializes in working with homeless children and youth

to develop and provide the training.

(b-35) The training regarding educator ethics and

responding to child sexual abuse and grooming behavior shall

include, but is not limited to, teacher-student conduct,

school employee-student conduct, and evidence-informed

training on preventing, recognizing, reporting, and responding

to child sexual abuse and grooming as outlined in Section

10-23.13.

(b-40) The training regarding effective instruction in

violence prevention and conflict resolution required by this

Section shall be conducted in accordance with the requirements

of Section 27-23.4.

(b-45) (c) Beginning July 1, 2024, all nonpublic

elementary and secondary school teachers, administrators, and

school support personnel shall complete the training set forth

in subsection (b-5). Training must be completed within 6

months of first being employed by a nonpublic school and

renewed at least once every 5 years, unless required more

frequently by other State or federal law. If nonpublic

teachers, administrators, or school support personnel obtain

training from a public school district or nonpublic school

employer, the teacher, administrator, or school support

personnel may present documentation to the nonpublic school

showing current compliance with this subsection to satisfy the

requirement of receiving training within 6 months of first

being employed. must include the definitions of trauma,

trauma-responsive learning environments, and whole child set

forth in subsection (b) of Section 3-11 of this Code and

(c) (Blank).

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) At least once every 2 years, a school board shall

conduct in-service training for all school district employees

on the methods to respond to trauma. The training must include

instruction on how to respond to an incident involving

life-threatening bleeding and, if applicable, how to use a

school's trauma kit. A school board may satisfy the training

requirements under this subsection by using the training,

including online training, available from the American College

of Surgeons or any other similar organization.

School district employees who are trained to respond to

trauma pursuant to this subsection (g) shall be immune from

civil liability in the use of a trauma kit unless the action

constitutes willful or wanton misconduct.

(h) (g) At least once every 2 years, a school board shall

conduct in-service training on homelessness for all school

personnel. The training shall include:

(1) the definition of homeless children and youth

under Section 11434a of Title 42 of the United States

Code;

(2) the signs of homelessness and housing insecurity;

(3) the rights of students experiencing homelessness

under State and federal law;

(4) the steps to take when a homeless or

housing-insecure student is identified; and

(5) the appropriate referral techniques, including the

name and contact number of the school or school district

homeless liaison.

A school board may work with a community-based

organization that specializes in working with homeless

children and youth to develop and provide the training.

(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23;

102-813, eff. 5-13-22; 103-41, eff. 8-20-24; 103-128, eff.

6-30-23; 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see

Section 905 of P.A. 103-563 for effective date of P.A.

103-542); revised 11-27-23.)

(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)

Sec. 14-7.02. Children attending private schools, public

out-of-state schools, public school residential facilities or

private special education facilities.

(a) The General Assembly recognizes that non-public

schools or special education facilities provide an important

service in the educational system in Illinois.

(b) If a student's individualized education program (IEP)

team determines that because of his or her disability the

special education program of a district is unable to meet the

needs of the child and the child attends a non-public school or

special education facility, a public out-of-state school or a

special education facility owned and operated by a county

government unit that provides special educational services

required by the child and is in compliance with the

appropriate rules and regulations of the State Superintendent

of Education, the school district in which the child is a

resident shall pay the actual cost of tuition for special

education and related services provided during the regular

school term and during the summer school term if the child's

educational needs so require, excluding room, board and

transportation costs charged the child by that non-public

school or special education facility, public out-of-state

school or county special education facility, or $4,500 per

year, whichever is less, and shall provide him any necessary

transportation. "Nonpublic special education facility" shall

include a residential facility, within or without the State of

Illinois, which provides special education and related

services to meet the needs of the child by utilizing private

schools or public schools, whether located on the site or off

the site of the residential facility. Resident district

financial responsibility and reimbursement applies for both

nonpublic special education facilities that are approved by

the State Board of Education pursuant to 23 Ill. Adm. Code 401

or other applicable laws or rules and for emergency

residential placements in nonpublic special education

facilities that are not approved by the State Board of

Education pursuant to 23 Ill. Adm. Code 401 or other

applicable laws or rules, subject to the requirements of this

Section.

(c) Prior to the placement of a child in an out-of-state

special education residential facility, the school district

must refer to the child or the child's parent or guardian the

option to place the child in a special education residential

facility located within this State, if any, that provides

treatment and services comparable to those provided by the

out-of-state special education residential facility. The

school district must review annually the placement of a child

in an out-of-state special education residential facility. As

a part of the review, the school district must refer to the

child or the child's parent or guardian the option to place the

child in a comparable special education residential facility

located within this State, if any.

(c-5) Before a provider that operates a nonpublic special

education facility terminates a student's placement in that

facility, the provider must request an IEP meeting from the

contracting school district. If the provider elects to

terminate the student's placement following the IEP meeting,

the provider must give written notice to this effect to the

parent or guardian, the contracting public school district,

and the State Board of Education no later than 20 business days

before the date of termination, unless the health and safety

of any student are endangered. The notice must include the

detailed reasons for the termination and any actions taken to

address the reason for the termination.

(d) Payments shall be made by the resident school district

to the entity providing the educational services, whether the

entity is the nonpublic special education facility or the

school district wherein the facility is located, no less than

once per quarter, unless otherwise agreed to in writing by the

parties.

(e) A school district may residentially place a student in

a nonpublic special education facility providing educational

services, but not approved by the State Board of Education

pursuant to 23 Ill. Adm. Code 401 or other applicable laws or

rules, provided that the State Board of Education provides an

emergency and student-specific approval for residential

placement. The State Board of Education shall promptly, within

10 days after the request, approve a request for emergency and

student-specific approval for residential placement if the

following have been demonstrated to the State Board of

Education:

(1) the facility demonstrates appropriate licensure of

teachers for the student population;

(2) the facility demonstrates age-appropriate

curriculum;

(3) the facility provides enrollment and attendance

data;

(4) the facility demonstrates the ability to implement

the child's IEP; and

(5) the school district demonstrates that it made good

faith efforts to residentially place the student in an

approved facility, but no approved facility has accepted

the student or has availability for immediate residential

placement of the student.

A resident school district may also submit such proof to the

State Board of Education as may be required for its student.

The State Board of Education may not unreasonably withhold

approval once satisfactory proof is provided to the State

Board.

(f) If an impartial due process hearing officer who is

contracted by the State Board of Education pursuant to this

Article orders placement of a student with a disability in a

residential facility that is not approved by the State Board

of Education, then, for purposes of this Section, the facility

shall be deemed approved for placement and school district

payments and State reimbursements shall be made accordingly.

(g) Emergency residential placement in a facility approved

pursuant to subsection (e) or (f) may continue to be utilized

so long as (i) the student's IEP team determines annually that

such placement continues to be appropriate to meet the

student's needs and (ii) at least every 3 years following the

student's residential placement, the IEP team reviews

appropriate placements approved by the State Board of

Education pursuant to 23 Ill. Adm. Code 401 or other

applicable laws or rules to determine whether there are any

approved placements that can meet the student's needs, have

accepted the student, and have availability for placement of

the student.

(h) The State Board of Education shall promulgate rules

and regulations for determining when placement in a private

special education facility is appropriate. Such rules and

regulations shall take into account the various types of

services needed by a child and the availability of such

services to the particular child in the public school. In

developing these rules and regulations the State Board of

Education shall consult with the Advisory Council on Education

of Children with Disabilities and hold public hearings to

secure recommendations from parents, school personnel, and

others concerned about this matter.

The State Board of Education shall also promulgate rules

and regulations for transportation to and from a residential

school. Transportation to and from home to a residential

school more than once each school term shall be subject to

prior approval by the State Superintendent in accordance with

the rules and regulations of the State Board.

(i) A school district making tuition payments pursuant to

this Section is eligible for reimbursement from the State for

the amount of such payments actually made in excess of the

district per capita tuition charge for students not receiving

special education services. Such reimbursement shall be

approved in accordance with Section 14-12.01 and each district

shall file its claims, computed in accordance with rules

prescribed by the State Board of Education, on forms

prescribed by the State Superintendent of Education. Data used

as a basis of reimbursement claims shall be for the preceding

regular school term and summer school term. Each school

district shall transmit its claims to the State Board of

Education on or before August 15. The State Board of

Education, before approving any such claims, shall determine

their accuracy and whether they are based upon services and

facilities provided under approved programs. Upon approval the

State Board shall cause vouchers to be prepared showing the

amount due for payment of reimbursement claims to school

districts, for transmittal to the State Comptroller on the

30th day of September, December, and March, respectively, and

the final voucher, no later than June 20. If the money

appropriated by the General Assembly for such purpose for any

year is insufficient, it shall be apportioned on the basis of

the claims approved.

(j) No child shall be placed in a special education

program pursuant to this Section if the tuition cost for

special education and related services increases more than 10

percent over the tuition cost for the previous school year or

exceeds $4,500 per year unless such costs have been approved

by the Illinois Purchased Care Review Board. The Illinois

Purchased Care Review Board shall consist of the following

persons, or their designees: the Directors of Children and

Family Services, Public Health, Public Aid, and the Governor's

Office of Management and Budget; the Secretary of Human

Services; the State Superintendent of Education; and such

other persons as the Governor may designate. The Review Board

shall also consist of one non-voting member who is an

administrator of a private, nonpublic, special education

school. The Review Board shall establish rules and regulations

for its determination of allowable costs and payments made by

local school districts for special education, room and board,

and other related services provided by non-public schools or

special education facilities and shall establish uniform

standards and criteria which it shall follow. The Review Board

shall approve the usual and customary rate or rates of a

special education program that (i) is offered by an

out-of-state, non-public provider of integrated autism

specific educational and autism specific residential services,

(ii) offers 2 or more levels of residential care, including at

least one locked facility, and (iii) serves 12 or fewer

Illinois students.

(k) In determining rates based on allowable costs, the

Review Board shall consider any wage increases awarded by the

General Assembly to front line personnel defined as direct

support persons, aides, front-line supervisors, qualified

intellectual disabilities professionals, nurses, and

non-administrative support staff working in service settings

in community-based settings within the State and adjust

customary rates or rates of a special education program to be

equitable to the wage increase awarded to similar staff

positions in a community residential setting. Any wage

increase awarded by the General Assembly to front line

personnel defined as direct support persons, aides, front-line

supervisors, qualified intellectual disabilities

professionals, nurses, and non-administrative support staff

working in community-based settings within the State,

including the $0.75 per hour increase contained in Public Act

100-23 and the $0.50 per hour increase included in Public Act

100-23, shall also be a basis for any facility covered by this

Section to appeal its rate before the Review Board under the

process defined in Title 89, Part 900, Section 340 of the

Illinois Administrative Code. Illinois Administrative Code

Title 89, Part 900, Section 342 shall be updated to recognize

wage increases awarded to community-based settings to be a

basis for appeal. However, any wage increase that is captured

upon appeal from a previous year shall not be counted by the

Review Board as revenue for the purpose of calculating a

facility's future rate.

(l) Any definition used by the Review Board in

administrative rule or policy to define "related

organizations" shall include any and all exceptions contained

in federal law or regulation as it pertains to the federal

definition of "related organizations".

(m) The Review Board shall establish uniform definitions

and criteria for accounting separately by special education,

room and board and other related services costs. The Board

shall also establish guidelines for the coordination of

services and financial assistance provided by all State

agencies to assure that no otherwise qualified child with a

disability receiving services under Article 14 shall be

excluded from participation in, be denied the benefits of or

be subjected to discrimination under any program or activity

provided by any State agency.

(n) The Review Board shall review the costs for special

education and related services provided by non-public schools

or special education facilities and shall approve or

disapprove such facilities in accordance with the rules and

regulations established by it with respect to allowable costs.

(o) The State Board of Education shall provide

administrative and staff support for the Review Board as

deemed reasonable by the State Superintendent of Education.

This support shall not include travel expenses or other

compensation for any Review Board member other than the State

Superintendent of Education.

(p) The Review Board shall seek the advice of the Advisory

Council on Education of Children with Disabilities on the

rules and regulations to be promulgated by it relative to

providing special education services.

(q) If a child has been placed in a program in which the

actual per pupil costs of tuition for special education and

related services based on program enrollment, excluding room,

board and transportation costs, exceed $4,500 and such costs

have been approved by the Review Board, the district shall pay

such total costs which exceed $4,500. A district making such

tuition payments in excess of $4,500 pursuant to this Section

shall be responsible for an amount in excess of $4,500 equal to

the district per capita tuition charge and shall be eligible

for reimbursement from the State for the amount of such

payments actually made in excess of the districts per capita

tuition charge for students not receiving special education

services.

(r) If a child has been placed in an approved individual

program and the tuition costs including room and board costs

have been approved by the Review Board, then such room and

board costs shall be paid by the appropriate State agency

subject to the provisions of Section 14-8.01 of this Act. Room

and board costs not provided by a State agency other than the

State Board of Education shall be provided by the State Board

of Education on a current basis. In no event, however, shall

the State's liability for funding of these tuition costs begin

until after the legal obligations of third party payors have

been subtracted from such costs. If the money appropriated by

the General Assembly for such purpose for any year is

insufficient, it shall be apportioned on the basis of the

claims approved. Each district shall submit estimated claims

to the State Superintendent of Education. Upon approval of

such claims, the State Superintendent of Education shall

direct the State Comptroller to make payments on a monthly

basis. The frequency for submitting estimated claims and the

method of determining payment shall be prescribed in rules and

regulations adopted by the State Board of Education. Such

current state reimbursement shall be reduced by an amount

equal to the proceeds which the child or child's parents are

eligible to receive under any public or private insurance or

assistance program. Nothing in this Section shall be construed

as relieving an insurer or similar third party from an

otherwise valid obligation to provide or to pay for services

provided to a child with a disability.

(s) If it otherwise qualifies, a school district is

eligible for the transportation reimbursement under Section

14-13.01 and for the reimbursement of tuition payments under

this Section whether the non-public school or special

education facility, public out-of-state school or county

special education facility, attended by a child who resides in

that district and requires special educational services, is

within or outside of the State of Illinois. However, a

district is not eligible to claim transportation reimbursement

under this Section unless the district certifies to the State

Superintendent of Education that the district is unable to

provide special educational services required by the child for

the current school year.

(t) Nothing in this Section authorizes the reimbursement

of a school district for the amount paid for tuition of a child

attending a non-public school or special education facility,

public out-of-state school or county special education

facility unless the school district certifies to the State

Superintendent of Education that the special education program

of that district is unable to meet the needs of that child

because of his disability and the State Superintendent of

Education finds that the school district is in substantial

compliance with Section 14-4.01. However, if a child is

unilaterally placed by a State agency or any court in a

non-public school or special education facility, public

out-of-state school, or county special education facility, a

school district shall not be required to certify to the State

Superintendent of Education, for the purpose of tuition

reimbursement, that the special education program of that

district is unable to meet the needs of a child because of his

or her disability.

(u) Any educational or related services provided, pursuant

to this Section in a non-public school or special education

facility or a special education facility owned and operated by

a county government unit shall be at no cost to the parent or

guardian of the child. However, current law and practices

relative to contributions by parents or guardians for costs

other than educational or related services are not affected by

this amendatory Act of 1978.

(v) Reimbursement for children attending public school

residential facilities shall be made in accordance with the

provisions of this Section.

(w) Notwithstanding any other provision of law, any school

district receiving a payment under this Section or under

Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify

all or a portion of the funds that it receives in a particular

fiscal year or from general State aid pursuant to Section

18-8.05 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.

(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22;

103-175, eff. 6-30-23; 103-546, eff. 8-11-23; revised

8-30-23.)

(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)

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's 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 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 and who participates

in a meeting with a representative of a local educational

agency for the purposes of developing an individualized

educational program or attends a multidisciplinary conference

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 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.

(h) In the development of the individualized education

program or federal Section 504 plan for a student, if the

student needs extra accommodation during emergencies,

including natural disasters or an active shooter situation,

then that accommodation shall be taken into account when

developing the student's individualized education program or

federal Section 504 plan.

(Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21;

102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff.

6-10-22; 103-197, eff. 1-1-24; revised 1-30-24.)

(105 ILCS 5/18-8.15)

Sec. 18-8.15. Evidence-Based Funding for student success

for the 2017-2018 and subsequent school years.

(a) General provisions.

(1) The purpose of this Section is to ensure that, by

June 30, 2027 and beyond, this State has a kindergarten

through grade 12 public education system with the capacity

to ensure the educational development of all persons to

the limits of their capacities in accordance with Section

1 of Article X of the Constitution of the State of

Illinois. To accomplish that objective, this Section

creates a method of funding public education that is

evidence-based; is sufficient to ensure every student

receives a meaningful opportunity to learn irrespective of

race, ethnicity, sexual orientation, gender, or

community-income level; and is sustainable and

predictable. When fully funded under this Section, every

school shall have the resources, based on what the

evidence indicates is needed, to:

(A) provide all students with a high quality

education that offers the academic, enrichment, social

and emotional support, technical, and career-focused

programs that will allow them to become competitive

workers, responsible parents, productive citizens of

this State, and active members of our national

democracy;

(B) ensure all students receive the education they

need to graduate from high school with the skills

required to pursue post-secondary education and

training for a rewarding career;

(C) reduce, with a goal of eliminating, the

achievement gap between at-risk and non-at-risk

students by raising the performance of at-risk

students and not by reducing standards; and

(D) ensure this State satisfies its obligation to

assume the primary responsibility to fund public

education and simultaneously relieve the

disproportionate burden placed on local property taxes

to fund schools.

(2) The Evidence-Based Funding formula under this

Section shall be applied to all Organizational Units in

this State. The Evidence-Based Funding formula outlined in

this Act is based on the formula outlined in Senate Bill 1

of the 100th General Assembly, as passed by both

legislative chambers. As further defined and described in

this Section, there are 4 major components of the

Evidence-Based Funding model:

(A) First, the model calculates a unique Adequacy

Target for each Organizational Unit in this State that

considers the costs to implement research-based

activities, the unit's student demographics, and

regional wage differences.

(B) Second, the model calculates each

Organizational Unit's Local Capacity, or the amount

each Organizational Unit is assumed to contribute

toward its Adequacy Target from local resources.

(C) Third, the model calculates how much funding

the State currently contributes to the Organizational

Unit and adds that to the unit's Local Capacity to

determine the unit's overall current adequacy of

funding.

(D) Finally, the model's distribution method

allocates new State funding to those Organizational

Units that are least well-funded, considering both

Local Capacity and State funding, in relation to their

Adequacy Target.

(3) An Organizational Unit receiving any funding under

this Section may apply those funds to any fund so received

for which that Organizational Unit is authorized to make

expenditures by law.

(4) As used in this Section, the following terms shall

have the meanings ascribed in this paragraph (4):

"Adequacy Target" is defined in paragraph (1) of

subsection (b) of this Section.

"Adjusted EAV" is defined in paragraph (4) of

subsection (d) of this Section.

"Adjusted Local Capacity Target" is defined in

paragraph (3) of subsection (c) of this Section.

"Adjusted Operating Tax Rate" means a tax rate for all

Organizational Units, for which the State Superintendent

shall calculate and subtract for the Operating Tax Rate a

transportation rate based on total expenses for

transportation services under this Code, as reported on

the most recent Annual Financial Report in Pupil

Transportation Services, function 2550 in both the

Education and Transportation funds and functions 4110 and

4120 in the Transportation fund, less any corresponding

fiscal year State of Illinois scheduled payments excluding

net adjustments for prior years for regular, vocational,

or special education transportation reimbursement pursuant

to Section 29-5 or subsection (b) of Section 14-13.01 of

this Code divided by the Adjusted EAV. If an

Organizational Unit's corresponding fiscal year State of

Illinois scheduled payments excluding net adjustments for

prior years for regular, vocational, or special education

transportation reimbursement pursuant to Section 29-5 or

subsection (b) of Section 14-13.01 of this Code exceed the

total transportation expenses, as defined in this

paragraph, no transportation rate shall be subtracted from

the Operating Tax Rate.

"Allocation Rate" is defined in paragraph (3) of

subsection (g) of this Section.

"Alternative School" means a public school that is

created and operated by a regional superintendent of

schools and approved by the State Board.

"Applicable Tax Rate" is defined in paragraph (1) of

subsection (d) of this Section.

"Assessment" means any of those benchmark, progress

monitoring, formative, diagnostic, and other assessments,

in addition to the State accountability assessment, that

assist teachers' needs in understanding the skills and

meeting the needs of the students they serve.

"Assistant principal" means a school administrator

duly endorsed to be employed as an assistant principal in

this State.

"At-risk student" means a student who is at risk of

not meeting the Illinois Learning Standards or not

graduating from elementary or high school and who

demonstrates a need for vocational support or social

services beyond that provided by the regular school

program. All students included in an Organizational Unit's

Low-Income Count, as well as all English learner and

disabled students attending the Organizational Unit, shall

be considered at-risk students under this Section.

"Average Student Enrollment" or "ASE" for fiscal year

2018 means, for an Organizational Unit, the greater of the

average number of students (grades K through 12) reported

to the State Board as enrolled in the Organizational Unit

on October 1 in the immediately preceding school year,

plus the pre-kindergarten students who receive special

education services of 2 or more hours a day as reported to

the State Board on December 1 in the immediately preceding

school year, or the average number of students (grades K

through 12) reported to the State Board as enrolled in the

Organizational Unit on October 1, plus the

pre-kindergarten students who receive special education

services of 2 or more hours a day as reported to the State

Board on December 1, for each of the immediately preceding

3 school years. For fiscal year 2019 and each subsequent

fiscal year, "Average Student Enrollment" or "ASE" means,

for an Organizational Unit, the greater of the average

number of students (grades K through 12) reported to the

State Board as enrolled in the Organizational Unit on

October 1 and March 1 in the immediately preceding school

year, plus the pre-kindergarten students who receive

special education services as reported to the State Board

on October 1 and March 1 in the immediately preceding

school year, or the average number of students (grades K

through 12) reported to the State Board as enrolled in the

Organizational Unit on October 1 and March 1, plus the

pre-kindergarten students who receive special education

services as reported to the State Board on October 1 and

March 1, for each of the immediately preceding 3 school

years. For the purposes of this definition, "enrolled in

the Organizational Unit" means the number of students

reported to the State Board who are enrolled in schools

within the Organizational Unit that the student attends or

would attend if not placed or transferred to another

school or program to receive needed services. For the

purposes of calculating "ASE", all students, grades K

through 12, excluding those attending kindergarten for a

half day and students attending an alternative education

program operated by a regional office of education or

intermediate service center, shall be counted as 1.0. All

students attending kindergarten for a half day shall be

counted as 0.5, unless in 2017 by June 15 or by March 1 in

subsequent years, the school district reports to the State

Board of Education the intent to implement full-day

kindergarten district-wide for all students, then all

students attending kindergarten shall be counted as 1.0.

Special education pre-kindergarten students shall be

counted as 0.5 each. If the State Board does not collect or

has not collected both an October 1 and March 1 enrollment

count by grade or a December 1 collection of special

education pre-kindergarten students as of August 31, 2017

(the effective date of Public Act 100-465), it shall

establish such collection for all future years. For any

year in which a count by grade level was collected only

once, that count shall be used as the single count

available for computing a 3-year average ASE. Funding for

programs operated by a regional office of education or an

intermediate service center must be calculated using the

Evidence-Based Funding formula under this Section for the

2019-2020 school year and each subsequent school year

until separate adequacy formulas are developed and adopted

for each type of program. ASE for a program operated by a

regional office of education or an intermediate service

center must be determined by the March 1 enrollment for

the program. For the 2019-2020 school year, the ASE used

in the calculation must be the first-year ASE and, in that

year only, the assignment of students served by a regional

office of education or intermediate service center shall

not result in a reduction of the March enrollment for any

school district. For the 2020-2021 school year, the ASE

must be the greater of the current-year ASE or the 2-year

average ASE. Beginning with the 2021-2022 school year, the

ASE must be the greater of the current-year ASE or the

3-year average ASE. School districts shall submit the data

for the ASE calculation to the State Board within 45 days

of the dates required in this Section for submission of

enrollment data in order for it to be included in the ASE

calculation. For fiscal year 2018 only, the ASE

calculation shall include only enrollment taken on October

1. In recognition of the impact of COVID-19, the

definition of "Average Student Enrollment" or "ASE" shall

be adjusted for calculations under this Section for fiscal

years 2022 through 2024. For fiscal years 2022 through

2024, the enrollment used in the calculation of ASE

representing the 2020-2021 school year shall be the

greater of the enrollment for the 2020-2021 school year or

the 2019-2020 school year.

"Base Funding Guarantee" is defined in paragraph (10)

of subsection (g) of this Section.

"Base Funding Minimum" is defined in subsection (e) of

this Section.

"Base Tax Year" means the property tax levy year used

to calculate the Budget Year allocation of primary State

aid.

"Base Tax Year's Extension" means the product of the

equalized assessed valuation utilized by the county clerk

in the Base Tax Year multiplied by the limiting rate as

calculated by the county clerk and defined in PTELL.

"Bilingual Education Allocation" means the amount of

an Organizational Unit's final Adequacy Target

attributable to bilingual education divided by the

Organizational Unit's final Adequacy Target, the product

of which shall be multiplied by the amount of new funding

received pursuant to this Section. An Organizational

Unit's final Adequacy Target attributable to bilingual

education shall include all additional investments in

English learner students' adequacy elements.

"Budget Year" means the school year for which primary

State aid is calculated and awarded under this Section.

"Central office" means individual administrators and

support service personnel charged with managing the

instructional programs, business and operations, and

security of the Organizational Unit.

"Comparable Wage Index" or "CWI" means a regional cost

differentiation metric that measures systemic, regional

variations in the salaries of college graduates who are

not educators. The CWI utilized for this Section shall,

for the first 3 years of Evidence-Based Funding

implementation, be the CWI initially developed by the

National Center for Education Statistics, as most recently

updated by Texas A & M University. In the fourth and

subsequent years of Evidence-Based Funding implementation,

the State Superintendent shall re-determine the CWI using

a similar methodology to that identified in the Texas A & M

University study, with adjustments made no less frequently

than once every 5 years.

"Computer technology and equipment" means computers

servers, notebooks, network equipment, copiers, printers,

instructional software, security software, curriculum

management courseware, and other similar materials and

equipment.

"Computer technology and equipment investment

allocation" means the final Adequacy Target amount of an

Organizational Unit assigned to Tier 1 or Tier 2 in the

prior school year attributable to the additional $285.50

per student computer technology and equipment investment

grant divided by the Organizational Unit's final Adequacy

Target, the result of which shall be multiplied by the

amount of new funding received pursuant to this Section.

An Organizational Unit assigned to a Tier 1 or Tier 2 final

Adequacy Target attributable to the received computer

technology and equipment investment grant shall include

all additional investments in computer technology and

equipment adequacy elements.

"Core subject" means mathematics; science; reading,

English, writing, and language arts; history and social

studies; world languages; and subjects taught as Advanced

Placement in high schools.

"Core teacher" means a regular classroom teacher in

elementary schools and teachers of a core subject in

middle and high schools.

"Core Intervention teacher (tutor)" means a licensed

teacher providing one-on-one or small group tutoring to

students struggling to meet proficiency in core subjects.

"CPPRT" means corporate personal property replacement

tax funds paid to an Organizational Unit during the

calendar year one year before the calendar year in which a

school year begins, pursuant to "An Act in relation to the

abolition of ad valorem personal property tax and the

replacement of revenues lost thereby, and amending and

repealing certain Acts and parts of Acts in connection

therewith", certified August 14, 1979, as amended (Public

Act 81-1st S.S.-1).

"EAV" means equalized assessed valuation as defined in

paragraph (2) of subsection (d) of this Section and

calculated in accordance with paragraph (3) of subsection

(d) of this Section.

"ECI" means the Bureau of Labor Statistics' national

employment cost index for civilian workers in educational

services in elementary and secondary schools on a

cumulative basis for the 12-month calendar year preceding

the fiscal year of the Evidence-Based Funding calculation.

"EIS Data" means the employment information system

data maintained by the State Board on educators within

Organizational Units.

"Employee benefits" means health, dental, and vision

insurance offered to employees of an Organizational Unit,

the costs associated with the statutorily required payment

of the normal cost of the Organizational Unit's teacher

pensions, Social Security employer contributions, and

Illinois Municipal Retirement Fund employer contributions.

"English learner" or "EL" means a child included in

the definition of "English learners" under Section 14C-2

of this Code participating in a program of transitional

bilingual education or a transitional program of

instruction meeting the requirements and program

application procedures of Article 14C of this Code. For

the purposes of collecting the number of EL students

enrolled, the same collection and calculation methodology

as defined above for "ASE" shall apply to English

learners, with the exception that EL student enrollment

shall include students in grades pre-kindergarten through

12.

"Essential Elements" means those elements, resources,

and educational programs that have been identified through

academic research as necessary to improve student success,

improve academic performance, close achievement gaps, and

provide for other per student costs related to the

delivery and leadership of the Organizational Unit, as

well as the maintenance and operations of the unit, and

which are specified in paragraph (2) of subsection (b) of

this Section.

"Evidence-Based Funding" means State funding provided

to an Organizational Unit pursuant to this Section.

"Extended day" means academic and enrichment programs

provided to students outside the regular school day before

and after school or during non-instructional times during

the school day.

"Extension Limitation Ratio" means a numerical ratio

in which the numerator is the Base Tax Year's Extension

and the denominator is the Preceding Tax Year's Extension.

"Final Percent of Adequacy" is defined in paragraph

(4) of subsection (f) of this Section.

"Final Resources" is defined in paragraph (3) of

subsection (f) of this Section.

"Full-time equivalent" or "FTE" means the full-time

equivalency compensation for staffing the relevant

position at an Organizational Unit.

"Funding Gap" is defined in paragraph (1) of

subsection (g).

"Hybrid District" means a partial elementary unit

district created pursuant to Article 11E of this Code.

"Instructional assistant" means a core or special

education, non-licensed employee who assists a teacher in

the classroom and provides academic support to students.

"Instructional facilitator" means a qualified teacher

or licensed teacher leader who facilitates and coaches

continuous improvement in classroom instruction; provides

instructional support to teachers in the elements of

research-based instruction or demonstrates the alignment

of instruction with curriculum standards and assessment

tools; develops or coordinates instructional programs or

strategies; develops and implements training; chooses

standards-based instructional materials; provides

teachers with an understanding of current research; serves

as a mentor, site coach, curriculum specialist, or lead

teacher; or otherwise works with fellow teachers, in

collaboration, to use data to improve instructional

practice or develop model lessons.

"Instructional materials" means relevant

instructional materials for student instruction,

including, but not limited to, textbooks, consumable

workbooks, laboratory equipment, library books, and other

similar materials.

"Laboratory School" means a public school that is

created and operated by a public university and approved

by the State Board.

"Librarian" means a teacher with an endorsement as a

library information specialist or another individual whose

primary responsibility is overseeing library resources

within an Organizational Unit.

"Limiting rate for Hybrid Districts" means the

combined elementary school and high school limiting rates.

"Local Capacity" is defined in paragraph (1) of

subsection (c) of this Section.

"Local Capacity Percentage" is defined in subparagraph

(A) of paragraph (2) of subsection (c) of this Section.

"Local Capacity Ratio" is defined in subparagraph (B)

of paragraph (2) of subsection (c) of this Section.

"Local Capacity Target" is defined in paragraph (2) of

subsection (c) of this Section.

"Low-Income Count" means, for an Organizational Unit

in a fiscal year, the higher of the average number of

students for the prior school year or the immediately

preceding 3 school years who, as of July 1 of the

immediately preceding fiscal year (as determined by the

Department of Human Services), are eligible for at least

one of the following low-income programs: Medicaid, the

Children's Health Insurance Program, Temporary Assistance

for Needy Families (TANF), or the Supplemental Nutrition

Assistance Program, excluding pupils who are eligible for

services provided by the Department of Children and Family

Services. Until such time that grade level low-income

populations become available, grade level low-income

populations shall be determined by applying the low-income

percentage to total student enrollments by grade level.

The low-income percentage is determined by dividing the

Low-Income Count by the Average Student Enrollment. The

low-income percentage for programs operated by a regional

office of education or an intermediate service center must

be set to the weighted average of the low-income

percentages of all of the school districts in the service

region. The weighted low-income percentage is the result

of multiplying the low-income percentage of each school

district served by the regional office of education or

intermediate service center by each school district's

Average Student Enrollment, summarizing those products and

dividing the total by the total Average Student Enrollment

for the service region.

"Maintenance and operations" means custodial services,

facility and ground maintenance, facility operations,

facility security, routine facility repairs, and other

similar services and functions.

"Minimum Funding Level" is defined in paragraph (9) of

subsection (g) of this Section.

"New Property Tax Relief Pool Funds" means, for any

given fiscal year, all State funds appropriated under

Section 2-3.170 of this Code.

"New State Funds" means, for a given school year, all

State funds appropriated for Evidence-Based Funding in

excess of the amount needed to fund the Base Funding

Minimum for all Organizational Units in that school year.

"Nurse" means an individual licensed as a certified

school nurse, in accordance with the rules established for

nursing services by the State Board, who is an employee of

and is available to provide health care-related services

for students of an Organizational Unit.

"Operating Tax Rate" means the rate utilized in the

previous year to extend property taxes for all purposes,

except Bond and Interest, Summer School, Rent, Capital

Improvement, and Vocational Education Building purposes.

For Hybrid Districts, the Operating Tax Rate shall be the

combined elementary and high school rates utilized in the

previous year to extend property taxes for all purposes,

except Bond and Interest, Summer School, Rent, Capital

Improvement, and Vocational Education Building purposes.

"Organizational Unit" means a Laboratory School or any

public school district that is recognized as such by the

State Board and that contains elementary schools typically

serving kindergarten through 5th grades, middle schools

typically serving 6th through 8th grades, high schools

typically serving 9th through 12th grades, a program

established under Section 2-3.66 or 2-3.41, or a program

operated by a regional office of education or an

intermediate service center under Article 13A or 13B. The

General Assembly acknowledges that the actual grade levels

served by a particular Organizational Unit may vary

slightly from what is typical.

"Organizational Unit CWI" is determined by calculating

the CWI in the region and original county in which an

Organizational Unit's primary administrative office is

located as set forth in this paragraph, provided that if

the Organizational Unit CWI as calculated in accordance

with this paragraph is less than 0.9, the Organizational

Unit CWI shall be increased to 0.9. Each county's current

CWI value shall be adjusted based on the CWI value of that

county's neighboring Illinois counties, to create a

"weighted adjusted index value". This shall be calculated

by summing the CWI values of all of a county's adjacent

Illinois counties and dividing by the number of adjacent

Illinois counties, then taking the weighted value of the

original county's CWI value and the adjacent Illinois

county average. To calculate this weighted value, if the

number of adjacent Illinois counties is greater than 2,

the original county's CWI value will be weighted at 0.25

and the adjacent Illinois county average will be weighted

at 0.75. If the number of adjacent Illinois counties is 2,

the original county's CWI value will be weighted at 0.33

and the adjacent Illinois county average will be weighted

at 0.66. The greater of the county's current CWI value and

its weighted adjusted index value shall be used as the

Organizational Unit CWI.

"Preceding Tax Year" means the property tax levy year

immediately preceding the Base Tax Year.

"Preceding Tax Year's Extension" means the product of

the equalized assessed valuation utilized by the county

clerk in the Preceding Tax Year multiplied by the

Operating Tax Rate.

"Preliminary Percent of Adequacy" is defined in

paragraph (2) of subsection (f) of this Section.

"Preliminary Resources" is defined in paragraph (2) of

subsection (f) of this Section.

"Principal" means a school administrator duly endorsed

to be employed as a principal in this State.

"Professional development" means training programs for

licensed staff in schools, including, but not limited to,

programs that assist in implementing new curriculum

programs, provide data focused or academic assessment data

training to help staff identify a student's weaknesses and

strengths, target interventions, improve instruction,

encompass instructional strategies for English learner,

gifted, or at-risk students, address inclusivity, cultural

sensitivity, or implicit bias, or otherwise provide

professional support for licensed staff.

"Prototypical" means 450 special education

pre-kindergarten and kindergarten through grade 5 students

for an elementary school, 450 grade 6 through 8 students

for a middle school, and 600 grade 9 through 12 students

for a high school.

"PTELL" means the Property Tax Extension Limitation

Law.

"PTELL EAV" is defined in paragraph (4) of subsection

(d) of this Section.

"Pupil support staff" means a nurse, psychologist,

social worker, family liaison personnel, or other staff

member who provides support to at-risk or struggling

students.

"Real Receipts" is defined in paragraph (1) of

subsection (d) of this Section.

"Regionalization Factor" means, for a particular

Organizational Unit, the figure derived by dividing the

Organizational Unit CWI by the Statewide Weighted CWI.

"School counselor" means a licensed school counselor

who provides guidance and counseling support for students

within an Organizational Unit.

"School site staff" means the primary school secretary

and any additional clerical personnel assigned to a

school.

"Special education" means special educational

facilities and services, as defined in Section 14-1.08 of

this Code.

"Special Education Allocation" means the amount of an

Organizational Unit's final Adequacy Target attributable

to special education divided by the Organizational Unit's

final Adequacy Target, the product of which shall be

multiplied by the amount of new funding received pursuant

to this Section. An Organizational Unit's final Adequacy

Target attributable to special education shall include all

special education investment adequacy elements.

"Specialist teacher" means a teacher who provides

instruction in subject areas not included in core

subjects, including, but not limited to, art, music,

physical education, health, driver education,

career-technical education, and such other subject areas

as may be mandated by State law or provided by an

Organizational Unit.

"Specially Funded Unit" means an Alternative School,

safe school, Department of Juvenile Justice school,

special education cooperative or entity recognized by the

State Board as a special education cooperative,

State-approved charter school, or alternative learning

opportunities program that received direct funding from

the State Board during the 2016-2017 school year through

any of the funding sources included within the calculation

of the Base Funding Minimum or Glenwood Academy.

"Supplemental Grant Funding" means supplemental

general State aid funding received by an Organizational

Unit during the 2016-2017 school year pursuant to

subsection (H) of Section 18-8.05 of this Code (now

repealed).

"State Adequacy Level" is the sum of the Adequacy

Targets of all Organizational Units.

"State Board" means the State Board of Education.

"State Superintendent" means the State Superintendent

of Education.

"Statewide Weighted CWI" means a figure determined by

multiplying each Organizational Unit CWI times the ASE for

that Organizational Unit creating a weighted value,

summing all Organizational Units' weighted values, and

dividing by the total ASE of all Organizational Units,

thereby creating an average weighted index.

"Student activities" means non-credit producing

after-school programs, including, but not limited to,

clubs, bands, sports, and other activities authorized by

the school board of the Organizational Unit.

"Substitute teacher" means an individual teacher or

teaching assistant who is employed by an Organizational

Unit and is temporarily serving the Organizational Unit on

a per diem or per period-assignment basis to replace

another staff member.

"Summer school" means academic and enrichment programs

provided to students during the summer months outside of

the regular school year.

"Supervisory aide" means a non-licensed staff member

who helps in supervising students of an Organizational

Unit, but does so outside of the classroom, in situations

such as, but not limited to, monitoring hallways and

playgrounds, supervising lunchrooms, or supervising

students when being transported in buses serving the

Organizational Unit.

"Target Ratio" is defined in paragraph (4) of

subsection (g).

"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined

in paragraph (3) of subsection (g).

"Tier 1 Aggregate Funding", "Tier 2 Aggregate

Funding", "Tier 3 Aggregate Funding", and "Tier 4

Aggregate Funding" are defined in paragraph (1) of

subsection (g).

(b) Adequacy Target calculation.

(1) Each Organizational Unit's Adequacy Target is the

sum of the Organizational Unit's cost of providing

Essential Elements, as calculated in accordance with this

subsection (b), with the salary amounts in the Essential

Elements multiplied by a Regionalization Factor calculated

pursuant to paragraph (3) of this subsection (b).

(2) The Essential Elements are attributable on a pro

rata basis related to defined subgroups of the ASE of each

Organizational Unit as specified in this paragraph (2),

with investments and FTE positions pro rata funded based

on ASE counts in excess of or less than the thresholds set

forth in this paragraph (2). The method for calculating

attributable pro rata costs and the defined subgroups

thereto are as follows:

(A) Core class size investments. Each

Organizational Unit shall receive the funding required

to support that number of FTE core teacher positions

as is needed to keep the respective class sizes of the

Organizational Unit to the following maximum numbers:

(i) For grades kindergarten through 3, the

Organizational Unit shall receive funding required

to support one FTE core teacher position for every

15 Low-Income Count students in those grades and

one FTE core teacher position for every 20

non-Low-Income Count students in those grades.

(ii) For grades 4 through 12, the

Organizational Unit shall receive funding required

to support one FTE core teacher position for every

20 Low-Income Count students in those grades and

one FTE core teacher position for every 25

non-Low-Income Count students in those grades.

The number of non-Low-Income Count students in a

grade shall be determined by subtracting the

Low-Income students in that grade from the ASE of the

Organizational Unit for that grade.

(B) Specialist teacher investments. Each

Organizational Unit shall receive the funding needed

to cover that number of FTE specialist teacher

positions that correspond to the following

percentages:

(i) if the Organizational Unit operates an

elementary or middle school, then 20.00% of the

number of the Organizational Unit's core teachers,

as determined under subparagraph (A) of this

paragraph (2); and

(ii) if such Organizational Unit operates a

high school, then 33.33% of the number of the

Organizational Unit's core teachers.

(C) Instructional facilitator investments. Each

Organizational Unit shall receive the funding needed

to cover one FTE instructional facilitator position

for every 200 combined ASE of pre-kindergarten

children with disabilities and all kindergarten

through grade 12 students of the Organizational Unit.

(D) Core intervention teacher (tutor) investments.

Each Organizational Unit shall receive the funding

needed to cover one FTE teacher position for each

prototypical elementary, middle, and high school.

(E) Substitute teacher investments. Each

Organizational Unit shall receive the funding needed

to cover substitute teacher costs that is equal to

5.70% of the minimum pupil attendance days required

under Section 10-19 of this Code for all full-time

equivalent core, specialist, and intervention

teachers, school nurses, special education teachers

and instructional assistants, instructional

facilitators, and summer school and extended day

teacher positions, as determined under this paragraph

(2), at a salary rate of 33.33% of the average salary

for grade K through 12 teachers and 33.33% of the

average salary of each instructional assistant

position.

(F) Core school counselor investments. Each

Organizational Unit shall receive the funding needed

to cover one FTE school counselor for each 450

combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 5

students, plus one FTE school counselor for each 250

grades 6 through 8 ASE middle school students, plus

one FTE school counselor for each 250 grades 9 through

12 ASE high school students.

(G) Nurse investments. Each Organizational Unit

shall receive the funding needed to cover one FTE

nurse for each 750 combined ASE of pre-kindergarten

children with disabilities and all kindergarten

through grade 12 students across all grade levels it

serves.

(H) Supervisory aide investments. Each

Organizational Unit shall receive the funding needed

to cover one FTE for each 225 combined ASE of

pre-kindergarten children with disabilities and all

kindergarten through grade 5 students, plus one FTE

for each 225 ASE middle school students, plus one FTE

for each 200 ASE high school students.

(I) Librarian investments. Each Organizational

Unit shall receive the funding needed to cover one FTE

librarian for each prototypical elementary school,

middle school, and high school and one FTE aide or

media technician for every 300 combined ASE of

pre-kindergarten children with disabilities and all

kindergarten through grade 12 students.

(J) Principal investments. Each Organizational

Unit shall receive the funding needed to cover one FTE

principal position for each prototypical elementary

school, plus one FTE principal position for each

prototypical middle school, plus one FTE principal

position for each prototypical high school.

(K) Assistant principal investments. Each

Organizational Unit shall receive the funding needed

to cover one FTE assistant principal position for each

prototypical elementary school, plus one FTE assistant

principal position for each prototypical middle

school, plus one FTE assistant principal position for

each prototypical high school.

(L) School site staff investments. Each

Organizational Unit shall receive the funding needed

for one FTE position for each 225 ASE of

pre-kindergarten children with disabilities and all

kindergarten through grade 5 students, plus one FTE

position for each 225 ASE middle school students, plus

one FTE position for each 200 ASE high school

students.

(M) Gifted investments. Each Organizational Unit

shall receive $40 per kindergarten through grade 12

ASE.

(N) Professional development investments. Each

Organizational Unit shall receive $125 per student of

the combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students for trainers and other professional

development-related expenses for supplies and

materials.

(O) Instructional material investments. Each

Organizational Unit shall receive $190 per student of

the combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students to cover instructional material costs.

(P) Assessment investments. Each Organizational

Unit shall receive $25 per student of the combined ASE

of pre-kindergarten children with disabilities and all

kindergarten through grade 12 students to cover

assessment costs.

(Q) Computer technology and equipment investments.

Each Organizational Unit shall receive $285.50 per

student of the combined ASE of pre-kindergarten

children with disabilities and all kindergarten

through grade 12 students to cover computer technology

and equipment costs. For the 2018-2019 school year and

subsequent school years, Organizational Units assigned

to Tier 1 and Tier 2 in the prior school year shall

receive an additional $285.50 per student of the

combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students to cover computer technology and equipment

costs in the Organizational Unit's Adequacy Target.

The State Board may establish additional requirements

for Organizational Unit expenditures of funds received

pursuant to this subparagraph (Q), including a

requirement that funds received pursuant to this

subparagraph (Q) may be used only for serving the

technology needs of the district. It is the intent of

Public Act 100-465 that all Tier 1 and Tier 2 districts

receive the addition to their Adequacy Target in the

following year, subject to compliance with the

requirements of the State Board.

(R) Student activities investments. Each

Organizational Unit shall receive the following

funding amounts to cover student activities: $100 per

kindergarten through grade 5 ASE student in elementary

school, plus $200 per ASE student in middle school,

plus $675 per ASE student in high school.

(S) Maintenance and operations investments. Each

Organizational Unit shall receive $1,038 per student

of the combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students for day-to-day maintenance and operations

expenditures, including salary, supplies, and

materials, as well as purchased services, but

excluding employee benefits. The proportion of salary

for the application of a Regionalization Factor and

the calculation of benefits is equal to $352.92.

(T) Central office investments. Each

Organizational Unit shall receive $742 per student of

the combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students to cover central office operations, including

administrators and classified personnel charged with

managing the instructional programs, business and

operations of the school district, and security

personnel. The proportion of salary for the

application of a Regionalization Factor and the

calculation of benefits is equal to $368.48.

(U) Employee benefit investments. Each

Organizational Unit shall receive 30% of the total of

all salary-calculated elements of the Adequacy Target,

excluding substitute teachers and student activities

investments, to cover benefit costs. For central

office and maintenance and operations investments, the

benefit calculation shall be based upon the salary

proportion of each investment. If at any time the

responsibility for funding the employer normal cost of

teacher pensions is assigned to school districts, then

that amount certified by the Teachers' Retirement

System of the State of Illinois to be paid by the

Organizational Unit for the preceding school year

shall be added to the benefit investment. For any

fiscal year in which a school district organized under

Article 34 of this Code is responsible for paying the

employer normal cost of teacher pensions, then that

amount of its employer normal cost plus the amount for

retiree health insurance as certified by the Public

School Teachers' Pension and Retirement Fund of

Chicago to be paid by the school district for the

preceding school year that is statutorily required to

cover employer normal costs and the amount for retiree

health insurance shall be added to the 30% specified

in this subparagraph (U). The Teachers' Retirement

System of the State of Illinois and the Public School

Teachers' Pension and Retirement Fund of Chicago shall

submit such information as the State Superintendent

may require for the calculations set forth in this

subparagraph (U).

(V) Additional investments in low-income students.

In addition to and not in lieu of all other funding

under this paragraph (2), each Organizational Unit

shall receive funding based on the average teacher

salary for grades K through 12 to cover the costs of:

(i) one FTE intervention teacher (tutor)

position for every 125 Low-Income Count students;

(ii) one FTE pupil support staff position for

every 125 Low-Income Count students;

(iii) one FTE extended day teacher position

for every 120 Low-Income Count students; and

(iv) one FTE summer school teacher position

for every 120 Low-Income Count students.

(W) Additional investments in English learner

students. In addition to and not in lieu of all other

funding under this paragraph (2), each Organizational

Unit shall receive funding based on the average

teacher salary for grades K through 12 to cover the

costs of:

(i) one FTE intervention teacher (tutor)

position for every 125 English learner students;

(ii) one FTE pupil support staff position for

every 125 English learner students;

(iii) one FTE extended day teacher position

for every 120 English learner students;

(iv) one FTE summer school teacher position

for every 120 English learner students; and

(v) one FTE core teacher position for every

100 English learner students.

(X) Special education investments. Each

Organizational Unit shall receive funding based on the

average teacher salary for grades K through 12 to

cover special education as follows:

(i) one FTE teacher position for every 141

combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students;

(ii) one FTE instructional assistant for every

141 combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students; and

(iii) one FTE psychologist position for every

1,000 combined ASE of pre-kindergarten children

with disabilities and all kindergarten through

grade 12 students.

(3) For calculating the salaries included within the

Essential Elements, the State Superintendent shall

annually calculate average salaries to the nearest dollar

using the employment information system data maintained by

the State Board, limited to public schools only and

excluding special education and vocational cooperatives,

schools operated by the Department of Juvenile Justice,

and charter schools, for the following positions:

(A) Teacher for grades K through 8.

(B) Teacher for grades 9 through 12.

(C) Teacher for grades K through 12.

(D) School counselor for grades K through 8.

(E) School counselor for grades 9 through 12.

(F) School counselor for grades K through 12.

(G) Social worker.

(H) Psychologist.

(I) Librarian.

(J) Nurse.

(K) Principal.

(L) Assistant principal.

For the purposes of this paragraph (3), "teacher"

includes core teachers, specialist and elective teachers,

instructional facilitators, tutors, special education

teachers, pupil support staff teachers, English learner

teachers, extended day teachers, and summer school

teachers. Where specific grade data is not required for

the Essential Elements, the average salary for

corresponding positions shall apply. For substitute

teachers, the average teacher salary for grades K through

12 shall apply.

For calculating the salaries included within the

Essential Elements for positions not included within EIS

Data, the following salaries shall be used in the first

year of implementation of Evidence-Based Funding:

(i) school site staff, $30,000; and

(ii) non-instructional assistant, instructional

assistant, library aide, library media tech, or

supervisory aide: $25,000.

In the second and subsequent years of implementation

of Evidence-Based Funding, the amounts in items (i) and

(ii) of this paragraph (3) shall annually increase by the

ECI.

The salary amounts for the Essential Elements

determined pursuant to subparagraphs (A) through (L), (S)

and (T), and (V) through (X) of paragraph (2) of

subsection (b) of this Section shall be multiplied by a

Regionalization Factor.

(c) Local Capacity calculation.

(1) Each Organizational Unit's Local Capacity

represents an amount of funding it is assumed to

contribute toward its Adequacy Target for purposes of the

Evidence-Based Funding formula calculation. "Local

Capacity" means either (i) the Organizational Unit's Local

Capacity Target as calculated in accordance with paragraph

(2) of this subsection (c) if its Real Receipts are equal

to or less than its Local Capacity Target or (ii) the

Organizational Unit's Adjusted Local Capacity, as

calculated in accordance with paragraph (3) of this

subsection (c) if Real Receipts are more than its Local

Capacity Target.

(2) "Local Capacity Target" means, for an

Organizational Unit, that dollar amount that is obtained

by multiplying its Adequacy Target by its Local Capacity

Ratio.

(A) An Organizational Unit's Local Capacity

Percentage is the conversion of the Organizational

Unit's Local Capacity Ratio, as such ratio is

determined in accordance with subparagraph (B) of this

paragraph (2), into a cumulative distribution

resulting in a percentile ranking to determine each

Organizational Unit's relative position to all other

Organizational Units in this State. The calculation of

Local Capacity Percentage is described in subparagraph

(C) of this paragraph (2).

(B) An Organizational Unit's Local Capacity Ratio

in a given year is the percentage obtained by dividing

its Adjusted EAV or PTELL EAV, whichever is less, by

its Adequacy Target, with the resulting ratio further

adjusted as follows:

(i) for Organizational Units serving grades

kindergarten through 12 and Hybrid Districts, no

further adjustments shall be made;

(ii) for Organizational Units serving grades

kindergarten through 8, the ratio shall be

multiplied by 9/13;

(iii) for Organizational Units serving grades

9 through 12, the Local Capacity Ratio shall be

multiplied by 4/13; and

(iv) for an Organizational Unit with a

different grade configuration than those specified

in items (i) through (iii) of this subparagraph

(B), the State Superintendent shall determine a

comparable adjustment based on the grades served.

(C) The Local Capacity Percentage is equal to the

percentile ranking of the district. Local Capacity

Percentage converts each Organizational Unit's Local

Capacity Ratio to a cumulative distribution resulting

in a percentile ranking to determine each

Organizational Unit's relative position to all other

Organizational Units in this State. The Local Capacity

Percentage cumulative distribution resulting in a

percentile ranking for each Organizational Unit shall

be calculated using the standard normal distribution

of the score in relation to the weighted mean and

weighted standard deviation and Local Capacity Ratios

of all Organizational Units. If the value assigned to

any Organizational Unit is in excess of 90%, the value

shall be adjusted to 90%. For Laboratory Schools, the

Local Capacity Percentage shall be set at 10% in

recognition of the absence of EAV and resources from

the public university that are allocated to the

Laboratory School. For programs operated by a regional

office of education or an intermediate service center,

the Local Capacity Percentage must be set at 10% in

recognition of the absence of EAV and resources from

school districts that are allocated to the regional

office of education or intermediate service center.

The weighted mean for the Local Capacity Percentage

shall be determined by multiplying each Organizational

Unit's Local Capacity Ratio times the ASE for the unit

creating a weighted value, summing the weighted values

of all Organizational Units, and dividing by the total

ASE of all Organizational Units. The weighted standard

deviation shall be determined by taking the square

root of the weighted variance of all Organizational

Units' Local Capacity Ratio, where the variance is

calculated by squaring the difference between each

unit's Local Capacity Ratio and the weighted mean,

then multiplying the variance for each unit times the

ASE for the unit to create a weighted variance for each

unit, then summing all units' weighted variance and

dividing by the total ASE of all units.

(D) For any Organizational Unit, the

Organizational Unit's Adjusted Local Capacity Target

shall be reduced by either (i) the school board's

remaining contribution pursuant to paragraph (ii) of

subsection (b-4) of Section 16-158 of the Illinois

Pension Code in a given year or (ii) the board of

education's remaining contribution pursuant to

paragraph (iv) of subsection (b) of Section 17-129 of

the Illinois Pension Code absent the employer normal

cost portion of the required contribution and amount

allowed pursuant to subdivision (3) of Section

17-142.1 of the Illinois Pension Code in a given year.

In the preceding sentence, item (i) shall be certified

to the State Board of Education by the Teachers'

Retirement System of the State of Illinois and item

(ii) shall be certified to the State Board of

Education by the Public School Teachers' Pension and

Retirement Fund of the City of Chicago.

(3) If an Organizational Unit's Real Receipts are more

than its Local Capacity Target, then its Local Capacity

shall equal an Adjusted Local Capacity Target as

calculated in accordance with this paragraph (3). The

Adjusted Local Capacity Target is calculated as the sum of

the Organizational Unit's Local Capacity Target and its

Real Receipts Adjustment. The Real Receipts Adjustment

equals the Organizational Unit's Real Receipts less its

Local Capacity Target, with the resulting figure

multiplied by the Local Capacity Percentage.

As used in this paragraph (3), "Real Percent of

Adequacy" means the sum of an Organizational Unit's Real

Receipts, CPPRT, and Base Funding Minimum, with the

resulting figure divided by the Organizational Unit's

Adequacy Target.

(d) Calculation of Real Receipts, EAV, and Adjusted EAV

for purposes of the Local Capacity calculation.

(1) An Organizational Unit's Real Receipts are the

product of its Applicable Tax Rate and its Adjusted EAV.

An Organizational Unit's Applicable Tax Rate is its

Adjusted Operating Tax Rate for property within the

Organizational Unit.

(2) The State Superintendent shall calculate the

equalized assessed valuation, or EAV, of all taxable

property of each Organizational Unit as of September 30 of

the previous year in accordance with paragraph (3) of this

subsection (d). The State Superintendent shall then

determine the Adjusted EAV of each Organizational Unit in

accordance with paragraph (4) of this subsection (d),

which Adjusted EAV figure shall be used for the purposes

of calculating Local Capacity.

(3) To calculate Real Receipts and EAV, the Department

of Revenue shall supply to the State Superintendent the

value as equalized or assessed by the Department of

Revenue of all taxable property of every Organizational

Unit, together with (i) the applicable tax rate used in

extending taxes for the funds of the Organizational Unit

as of September 30 of the previous year and (ii) the

limiting rate for all Organizational Units subject to

property tax extension limitations as imposed under PTELL.

(A) The Department of Revenue shall add to the

equalized assessed value of all taxable property of

each Organizational Unit situated entirely or

partially within a county that is or was subject to the

provisions of Section 15-176 or 15-177 of the Property

Tax Code (i) an amount equal to the total amount by

which the homestead exemption allowed under Section

15-176 or 15-177 of the Property Tax Code for real

property situated in that Organizational Unit exceeds

the total amount that would have been allowed in that

Organizational Unit if the maximum reduction under

Section 15-176 was (I) $4,500 in Cook County or $3,500

in all other counties in tax year 2003 or (II) $5,000

in all counties in tax year 2004 and thereafter and

(ii) an amount equal to the aggregate amount for the

taxable year of all additional exemptions under

Section 15-175 of the Property Tax Code for owners

with a household income of $30,000 or less. The county

clerk of any county that is or was subject to the

provisions of Section 15-176 or 15-177 of the Property

Tax Code shall annually calculate and certify to the

Department of Revenue for each Organizational Unit all

homestead exemption amounts under Section 15-176 or

15-177 of the Property Tax Code and all amounts of

additional exemptions under Section 15-175 of the

Property Tax Code for owners with a household income

of $30,000 or less. It is the intent of this

subparagraph (A) that if the general homestead

exemption for a parcel of property is determined under

Section 15-176 or 15-177 of the Property Tax Code

rather than Section 15-175, then the calculation of

EAV shall not be affected by the difference, if any,

between the amount of the general homestead exemption

allowed for that parcel of property under Section

15-176 or 15-177 of the Property Tax Code and the

amount that would have been allowed had the general

homestead exemption for that parcel of property been

determined under Section 15-175 of the Property Tax

Code. It is further the intent of this subparagraph

(A) that if additional exemptions are allowed under

Section 15-175 of the Property Tax Code for owners

with a household income of less than $30,000, then the

calculation of EAV shall not be affected by the

difference, if any, because of those additional

exemptions.

(B) With respect to any part of an Organizational

Unit within a redevelopment project area in respect to

which a municipality has adopted tax increment

allocation financing pursuant to the Tax Increment

Allocation Redevelopment Act, Division 74.4 of Article

11 of the Illinois Municipal Code, or the Industrial

Jobs Recovery Law, Division 74.6 of Article 11 of the

Illinois Municipal Code, no part of the current EAV of

real property located in any such project area that is

attributable to an increase above the total initial

EAV of such property shall be used as part of the EAV

of the Organizational Unit, until such time as all

redevelopment project costs have been paid, as

provided in Section 11-74.4-8 of the Tax Increment

Allocation Redevelopment Act or in Section 11-74.6-35

of the Industrial Jobs Recovery Law. For the purpose

of the EAV of the Organizational Unit, the total

initial EAV or the current EAV, whichever is lower,

shall be used until such time as all redevelopment

project costs have been paid.

(B-5) The real property equalized assessed

valuation for a school district shall be adjusted by

subtracting from the real property value, as equalized

or assessed by the Department of Revenue, for the

district an amount computed by dividing the amount of

any abatement of taxes under Section 18-170 of the

Property Tax Code by 3.00% for a district maintaining

grades kindergarten through 12, by 2.30% for a

district maintaining grades kindergarten through 8, or

by 1.05% for a district maintaining grades 9 through

12 and adjusted by an amount computed by dividing the

amount of any abatement of taxes under subsection (a)

of Section 18-165 of the Property Tax Code by the same

percentage rates for district type as specified in

this subparagraph (B-5).

(C) For Organizational Units that are Hybrid

Districts, the State Superintendent shall use the

lesser of the adjusted equalized assessed valuation

for property within the partial elementary unit

district for elementary purposes, as defined in

Article 11E of this Code, or the adjusted equalized

assessed valuation for property within the partial

elementary unit district for high school purposes, as

defined in Article 11E of this Code.

(D) If a school district's boundaries span

multiple counties, then the Department of Revenue

shall send to the State Board, for the purposes of

calculating Evidence-Based Funding, the limiting rate

and individual rates by purpose for the county that

contains the majority of the school district's

equalized assessed valuation.

(4) An Organizational Unit's Adjusted EAV shall be the

average of its EAV over the immediately preceding 3 years

or the lesser of its EAV in the immediately preceding year

or the average of its EAV over the immediately preceding 3

years if the EAV in the immediately preceding year has

declined by 10% or more when comparing the 2 most recent

years. In the event of Organizational Unit reorganization,

consolidation, or annexation, the Organizational Unit's

Adjusted EAV for the first 3 years after such change shall

be as follows: the most current EAV shall be used in the

first year, the average of a 2-year EAV or its EAV in the

immediately preceding year if the EAV declines by 10% or

more when comparing the 2 most recent years for the second

year, and the lesser of a 3-year average EAV or its EAV in

the immediately preceding year if the Adjusted EAV

declines by 10% or more when comparing the 2 most recent

years for the third year. For any school district whose

EAV in the immediately preceding year is used in

calculations, in the following year, the Adjusted EAV

shall be the average of its EAV over the immediately

preceding 2 years or the immediately preceding year if

that year represents a decline of 10% or more when

comparing the 2 most recent years.

"PTELL EAV" means a figure calculated by the State

Board for Organizational Units subject to PTELL as

described in this paragraph (4) for the purposes of

calculating an Organizational Unit's Local Capacity Ratio.

Except as otherwise provided in this paragraph (4), the

PTELL EAV of an Organizational Unit shall be equal to the

product of the equalized assessed valuation last used in

the calculation of general State aid under Section 18-8.05

of this Code (now repealed) or Evidence-Based Funding

under this Section and the Organizational Unit's Extension

Limitation Ratio. If an Organizational Unit has approved

or does approve an increase in its limiting rate, pursuant

to Section 18-190 of the Property Tax Code, affecting the

Base Tax Year, the PTELL EAV shall be equal to the product

of the equalized assessed valuation last used in the

calculation of general State aid under Section 18-8.05 of

this Code (now repealed) or Evidence-Based Funding under

this Section multiplied by an amount equal to one plus the

percentage increase, if any, in the Consumer Price Index

for All Urban Consumers for all items published by the

United States Department of Labor for the 12-month

calendar year preceding the Base Tax Year, plus the

equalized assessed valuation of new property, annexed

property, and recovered tax increment value and minus the

equalized assessed valuation of disconnected property.

As used in this paragraph (4), "new property" and

"recovered tax increment value" shall have the meanings

set forth in the Property Tax Extension Limitation Law.

(e) Base Funding Minimum calculation.

(1) For the 2017-2018 school year, the Base Funding

Minimum of an Organizational Unit or a Specially Funded

Unit shall be the amount of State funds distributed to the

Organizational Unit or Specially Funded Unit during the

2016-2017 school year prior to any adjustments and

specified appropriation amounts described in this

paragraph (1) from the following Sections, as calculated

by the State Superintendent: Section 18-8.05 of this Code

(now repealed); Section 5 of Article 224 of Public Act

99-524 (equity grants); Section 14-7.02b of this Code

(funding for children requiring special education

services); Section 14-13.01 of this Code (special

education facilities and staffing), except for

reimbursement of the cost of transportation pursuant to

Section 14-13.01; Section 14C-12 of this Code (English

learners); and Section 18-4.3 of this Code (summer

school), based on an appropriation level of $13,121,600.

For a school district organized under Article 34 of this

Code, the Base Funding Minimum also includes (i) the funds

allocated to the school district pursuant to Section 1D-1

of this Code attributable to funding programs authorized

by the Sections of this Code listed in the preceding

sentence and (ii) the difference between (I) the funds

allocated to the school district pursuant to Section 1D-1

of this Code attributable to the funding programs

authorized by Section 14-7.02 (non-public special

education reimbursement), subsection (b) of Section

14-13.01 (special education transportation), Section 29-5

(transportation), Section 2-3.80 (agricultural

education), Section 2-3.66 (truants' alternative

education), Section 2-3.62 (educational service centers),

and Section 14-7.03 (special education - orphanage) of

this Code and Section 15 of the Childhood Hunger Relief

Act (free breakfast program) and (II) the school

district's actual expenditures for its non-public special

education, special education transportation,

transportation programs, agricultural education, truants'

alternative education, services that would otherwise be

performed by a regional office of education, special

education orphanage expenditures, and free breakfast, as

most recently calculated and reported pursuant to

subsection (f) of Section 1D-1 of this Code. The Base

Funding Minimum for Glenwood Academy shall be $952,014.

For programs operated by a regional office of education or

an intermediate service center, the Base Funding Minimum

must be the total amount of State funds allocated to those

programs in the 2018-2019 school year and amounts provided

pursuant to Article 34 of Public Act 100-586 and Section

3-16 of this Code. All programs established after June 5,

2019 (the effective date of Public Act 101-10) and

administered by a regional office of education or an

intermediate service center must have an initial Base

Funding Minimum set to an amount equal to the first-year

ASE multiplied by the amount of per pupil funding received

in the previous school year by the lowest funded similar

existing program type. If the enrollment for a program

operated by a regional office of education or an

intermediate service center is zero, then it may not

receive Base Funding Minimum funds for that program in the

next fiscal year, and those funds must be distributed to

Organizational Units under subsection (g).

(2) For the 2018-2019 and subsequent school years, the

Base Funding Minimum of Organizational Units and Specially

Funded Units shall be the sum of (i) the amount of

Evidence-Based Funding for the prior school year, (ii) the

Base Funding Minimum for the prior school year, and (iii)

any amount received by a school district pursuant to

Section 7 of Article 97 of Public Act 100-21.

For the 2022-2023 school year, the Base Funding

Minimum of Organizational Units shall be the amounts

recalculated by the State Board of Education for Fiscal

Year 2019 through Fiscal Year 2022 that were necessary due

to average student enrollment errors for districts

organized under Article 34 of this Code, plus the Fiscal

Year 2022 property tax relief grants provided under

Section 2-3.170 of this Code, ensuring each Organizational

Unit has the correct amount of resources for Fiscal Year

2023 Evidence-Based Funding calculations and that Fiscal

Year 2023 Evidence-Based Funding Distributions are made in

accordance with this Section.

(3) Subject to approval by the General Assembly as

provided in this paragraph (3), an Organizational Unit

that meets all of the following criteria, as determined by

the State Board, shall have District Intervention Money

added to its Base Funding Minimum at the time the Base

Funding Minimum is calculated by the State Board:

(A) The Organizational Unit is operating under an

Independent Authority under Section 2-3.25f-5 of this

Code for a minimum of 4 school years or is subject to

the control of the State Board pursuant to a court

order for a minimum of 4 school years.

(B) The Organizational Unit was designated as a

Tier 1 or Tier 2 Organizational Unit in the previous

school year under paragraph (3) of subsection (g) of

this Section.

(C) The Organizational Unit demonstrates

sustainability through a 5-year financial and

strategic plan.

(D) The Organizational Unit has made sufficient

progress and achieved sufficient stability in the

areas of governance, academic growth, and finances.

As part of its determination under this paragraph (3),

the State Board may consider the Organizational Unit's

summative designation, any accreditations of the

Organizational Unit, or the Organizational Unit's

financial profile, as calculated by the State Board.

If the State Board determines that an Organizational

Unit has met the criteria set forth in this paragraph (3),

it must submit a report to the General Assembly, no later

than January 2 of the fiscal year in which the State Board

makes it determination, on the amount of District

Intervention Money to add to the Organizational Unit's

Base Funding Minimum. The General Assembly must review the

State Board's report and may approve or disapprove, by

joint resolution, the addition of District Intervention

Money. If the General Assembly fails to act on the report

within 40 calendar days from the receipt of the report,

the addition of District Intervention Money is deemed

approved. If the General Assembly approves the amount of

District Intervention Money to be added to the

Organizational Unit's Base Funding Minimum, the District

Intervention Money must be added to the Base Funding

Minimum annually thereafter.

For the first 4 years following the initial year that

the State Board determines that an Organizational Unit has

met the criteria set forth in this paragraph (3) and has

received funding under this Section, the Organizational

Unit must annually submit to the State Board, on or before

November 30, a progress report regarding its financial and

strategic plan under subparagraph (C) of this paragraph

(3). The plan shall include the financial data from the

past 4 annual financial reports or financial audits that

must be presented to the State Board by November 15 of each

year and the approved budget financial data for the

current year. The plan shall be developed according to the

guidelines presented to the Organizational Unit by the

State Board. The plan shall further include financial

projections for the next 3 fiscal years and include a

discussion and financial summary of the Organizational

Unit's facility needs. If the Organizational Unit does not

demonstrate sufficient progress toward its 5-year plan or

if it has failed to file an annual financial report, an

annual budget, a financial plan, a deficit reduction plan,

or other financial information as required by law, the

State Board may establish a Financial Oversight Panel

under Article 1H of this Code. However, if the

Organizational Unit already has a Financial Oversight

Panel, the State Board may extend the duration of the

Panel.

(f) Percent of Adequacy and Final Resources calculation.

(1) The Evidence-Based Funding formula establishes a

Percent of Adequacy for each Organizational Unit in order

to place such units into tiers for the purposes of the

funding distribution system described in subsection (g) of

this Section. Initially, an Organizational Unit's

Preliminary Resources and Preliminary Percent of Adequacy

are calculated pursuant to paragraph (2) of this

subsection (f). Then, an Organizational Unit's Final

Resources and Final Percent of Adequacy are calculated to

account for the Organizational Unit's poverty

concentration levels pursuant to paragraphs (3) and (4) of

this subsection (f).

(2) An Organizational Unit's Preliminary Resources are

equal to the sum of its Local Capacity Target, CPPRT, and

Base Funding Minimum. An Organizational Unit's Preliminary

Percent of Adequacy is the lesser of (i) its Preliminary

Resources divided by its Adequacy Target or (ii) 100%.

(3) Except for Specially Funded Units, an

Organizational Unit's Final Resources are equal to the sum

of its Local Capacity, CPPRT, and Adjusted Base Funding

Minimum. The Base Funding Minimum of each Specially Funded

Unit shall serve as its Final Resources, except that the

Base Funding Minimum for State-approved charter schools

shall not include any portion of general State aid

allocated in the prior year based on the per capita

tuition charge times the charter school enrollment.

(4) An Organizational Unit's Final Percent of Adequacy

is its Final Resources divided by its Adequacy Target. An

Organizational Unit's Adjusted Base Funding Minimum is

equal to its Base Funding Minimum less its Supplemental

Grant Funding, with the resulting figure added to the

product of its Supplemental Grant Funding and Preliminary

Percent of Adequacy.

(g) Evidence-Based Funding formula distribution system.

(1) In each school year under the Evidence-Based

Funding formula, each Organizational Unit receives funding

equal to the sum of its Base Funding Minimum and the unit's

allocation of New State Funds determined pursuant to this

subsection (g). To allocate New State Funds, the

Evidence-Based Funding formula distribution system first

places all Organizational Units into one of 4 tiers in

accordance with paragraph (3) of this subsection (g),

based on the Organizational Unit's Final Percent of

Adequacy. New State Funds are allocated to each of the 4

tiers as follows: Tier 1 Aggregate Funding equals 50% of

all New State Funds, Tier 2 Aggregate Funding equals 49%

of all New State Funds, Tier 3 Aggregate Funding equals

0.9% of all New State Funds, and Tier 4 Aggregate Funding

equals 0.1% of all New State Funds. Each Organizational

Unit within Tier 1 or Tier 2 receives an allocation of New

State Funds equal to its tier Funding Gap, as defined in

the following sentence, multiplied by the tier's

Allocation Rate determined pursuant to paragraph (4) of

this subsection (g). For Tier 1, an Organizational Unit's

Funding Gap equals the tier's Target Ratio, as specified

in paragraph (5) of this subsection (g), multiplied by the

Organizational Unit's Adequacy Target, with the resulting

amount reduced by the Organizational Unit's Final

Resources. For Tier 2, an Organizational Unit's Funding

Gap equals the tier's Target Ratio, as described in

paragraph (5) of this subsection (g), multiplied by the

Organizational Unit's Adequacy Target, with the resulting

amount reduced by the Organizational Unit's Final

Resources and its Tier 1 funding allocation. To determine

the Organizational Unit's Funding Gap, the resulting

amount is then multiplied by a factor equal to one minus

the Organizational Unit's Local Capacity Target

percentage. Each Organizational Unit within Tier 3 or Tier

4 receives an allocation of New State Funds equal to the

product of its Adequacy Target and the tier's Allocation

Rate, as specified in paragraph (4) of this subsection

(g).

(2) To ensure equitable distribution of dollars for

all Tier 2 Organizational Units, no Tier 2 Organizational

Unit shall receive fewer dollars per ASE than any Tier 3

Organizational Unit. Each Tier 2 and Tier 3 Organizational

Unit shall have its funding allocation divided by its ASE.

Any Tier 2 Organizational Unit with a funding allocation

per ASE below the greatest Tier 3 allocation per ASE shall

get a funding allocation equal to the greatest Tier 3

funding allocation per ASE multiplied by the

Organizational Unit's ASE. Each Tier 2 Organizational

Unit's Tier 2 funding allocation shall be multiplied by

the percentage calculated by dividing the original Tier 2

Aggregate Funding by the sum of all Tier 2 Organizational

Units' Tier 2 funding allocation after adjusting

districts' funding below Tier 3 levels.

(3) Organizational Units are placed into one of 4

tiers as follows:

(A) Tier 1 consists of all Organizational Units,

except for Specially Funded Units, with a Percent of

Adequacy less than the Tier 1 Target Ratio. The Tier 1

Target Ratio is the ratio level that allows for Tier 1

Aggregate Funding to be distributed, with the Tier 1

Allocation Rate determined pursuant to paragraph (4)

of this subsection (g).

(B) Tier 2 consists of all Tier 1 Units and all

other Organizational Units, except for Specially

Funded Units, with a Percent of Adequacy of less than

0.90.

(C) Tier 3 consists of all Organizational Units,

except for Specially Funded Units, with a Percent of

Adequacy of at least 0.90 and less than 1.0.

(D) Tier 4 consists of all Organizational Units

with a Percent of Adequacy of at least 1.0.

(4) The Allocation Rates for Tiers 1 through 4 are

determined as follows:

(A) The Tier 1 Allocation Rate is 30%.

(B) The Tier 2 Allocation Rate is the result of the

following equation: Tier 2 Aggregate Funding, divided

by the sum of the Funding Gaps for all Tier 2

Organizational Units, unless the result of such

equation is higher than 1.0. If the result of such

equation is higher than 1.0, then the Tier 2

Allocation Rate is 1.0.

(C) The Tier 3 Allocation Rate is the result of the

following equation: Tier 3 Aggregate Funding, divided

by the sum of the Adequacy Targets of all Tier 3

Organizational Units.

(D) The Tier 4 Allocation Rate is the result of the

following equation: Tier 4 Aggregate Funding, divided

by the sum of the Adequacy Targets of all Tier 4

Organizational Units.

(5) A tier's Target Ratio is determined as follows:

(A) The Tier 1 Target Ratio is the ratio level that

allows for Tier 1 Aggregate Funding to be distributed

with the Tier 1 Allocation Rate.

(B) The Tier 2 Target Ratio is 0.90.

(C) The Tier 3 Target Ratio is 1.0.

(6) If, at any point, the Tier 1 Target Ratio is

greater than 90%, then all Tier 1 funding shall be

allocated to Tier 2 and no Tier 1 Organizational Unit's

funding may be identified.

(7) In the event that all Tier 2 Organizational Units

receive funding at the Tier 2 Target Ratio level, any

remaining New State Funds shall be allocated to Tier 3 and

Tier 4 Organizational Units.

(8) If any Specially Funded Units, excluding Glenwood

Academy, recognized by the State Board do not qualify for

direct funding following the implementation of Public Act

100-465 from any of the funding sources included within

the definition of Base Funding Minimum, the unqualified

portion of the Base Funding Minimum shall be transferred

to one or more appropriate Organizational Units as

determined by the State Superintendent based on the prior

year ASE of the Organizational Units.

(8.5) If a school district withdraws from a special

education cooperative, the portion of the Base Funding

Minimum that is attributable to the school district may be

redistributed to the school district upon withdrawal. The

school district and the cooperative must include the

amount of the Base Funding Minimum that is to be

reapportioned in their withdrawal agreement and notify the

State Board of the change with a copy of the agreement upon

withdrawal.

(9) The Minimum Funding Level is intended to establish

a target for State funding that will keep pace with

inflation and continue to advance equity through the

Evidence-Based Funding formula. The target for State

funding of New Property Tax Relief Pool Funds is

$50,000,000 for State fiscal year 2019 and subsequent

State fiscal years. The Minimum Funding Level is equal to

$350,000,000. In addition to any New State Funds, no more

than $50,000,000 New Property Tax Relief Pool Funds may be

counted toward the Minimum Funding Level. If the sum of

New State Funds and applicable New Property Tax Relief

Pool Funds are less than the Minimum Funding Level, than

funding for tiers shall be reduced in the following

manner:

(A) First, Tier 4 funding shall be reduced by an

amount equal to the difference between the Minimum

Funding Level and New State Funds until such time as

Tier 4 funding is exhausted.

(B) Next, Tier 3 funding shall be reduced by an

amount equal to the difference between the Minimum

Funding Level and New State Funds and the reduction in

Tier 4 funding until such time as Tier 3 funding is

exhausted.

(C) Next, Tier 2 funding shall be reduced by an

amount equal to the difference between the Minimum

Funding Level and New State Funds and the reduction in

Tier 4 and Tier 3.

(D) Finally, Tier 1 funding shall be reduced by an

amount equal to the difference between the Minimum

Funding level and New State Funds and the reduction in

Tier 2, 3, and 4 funding. In addition, the Allocation

Rate for Tier 1 shall be reduced to a percentage equal

to the Tier 1 Allocation Rate set by paragraph (4) of

this subsection (g), multiplied by the result of New

State Funds divided by the Minimum Funding Level.

(9.5) For State fiscal year 2019 and subsequent State

fiscal years, if New State Funds exceed $300,000,000, then

any amount in excess of $300,000,000 shall be dedicated

for purposes of Section 2-3.170 of this Code up to a

maximum of $50,000,000.

(10) In the event of a decrease in the amount of the

appropriation for this Section in any fiscal year after

implementation of this Section, the Organizational Units

receiving Tier 1 and Tier 2 funding, as determined under

paragraph (3) of this subsection (g), shall be held

harmless by establishing a Base Funding Guarantee equal to

the per pupil kindergarten through grade 12 funding

received in accordance with this Section in the prior

fiscal year. Reductions shall be made to the Base Funding

Minimum of Organizational Units in Tier 3 and Tier 4 on a

per pupil basis equivalent to the total number of the ASE

in Tier 3-funded and Tier 4-funded Organizational Units

divided by the total reduction in State funding. The Base

Funding Minimum as reduced shall continue to be applied to

Tier 3 and Tier 4 Organizational Units and adjusted by the

relative formula when increases in appropriations for this

Section resume. In no event may State funding reductions

to Organizational Units in Tier 3 or Tier 4 exceed an

amount that would be less than the Base Funding Minimum

established in the first year of implementation of this

Section. If additional reductions are required, all school

districts shall receive a reduction by a per pupil amount

equal to the aggregate additional appropriation reduction

divided by the total ASE of all Organizational Units.

(11) The State Superintendent shall make minor

adjustments to the distribution formula set forth in this

subsection (g) to account for the rounding of percentages

to the nearest tenth of a percentage and dollar amounts to

the nearest whole dollar.

(h) State Superintendent administration of funding and

district submission requirements.

(1) The State Superintendent shall, in accordance with

appropriations made by the General Assembly, meet the

funding obligations created under this Section.

(2) The State Superintendent shall calculate the

Adequacy Target for each Organizational Unit under this

Section. No Evidence-Based Funding shall be distributed

within an Organizational Unit without the approval of the

unit's school board.

(3) Annually, the State Superintendent shall calculate

and report to each Organizational Unit the unit's

aggregate financial adequacy amount, which shall be the

sum of the Adequacy Target for each Organizational Unit.

The State Superintendent shall calculate and report

separately for each Organizational Unit the unit's total

State funds allocated for its students with disabilities.

The State Superintendent shall calculate and report

separately for each Organizational Unit the amount of

funding and applicable FTE calculated for each Essential

Element of the unit's Adequacy Target.

(4) Annually, the State Superintendent shall calculate

and report to each Organizational Unit the amount the unit

must expend on special education and bilingual education

and computer technology and equipment for Organizational

Units assigned to Tier 1 or Tier 2 that received an

additional $285.50 per student computer technology and

equipment investment grant to their Adequacy Target

pursuant to the unit's Base Funding Minimum, Special

Education Allocation, Bilingual Education Allocation, and

computer technology and equipment investment allocation.

(5) Moneys distributed under this Section shall be

calculated on a school year basis, but paid on a fiscal

year basis, with payments beginning in August and

extending through June. Unless otherwise provided, the

moneys appropriated for each fiscal year shall be

distributed in 22 equal payments at least 2 times monthly

to each Organizational Unit. If moneys appropriated for

any fiscal year are distributed other than monthly, the

distribution shall be on the same basis for each

Organizational Unit.

(6) Any school district that fails, for any given

school year, to maintain school as required by law or to

maintain a recognized school is not eligible to receive

Evidence-Based Funding. In case of non-recognition of one

or more attendance centers in a school district otherwise

operating recognized schools, the claim of the district

shall be reduced in the proportion that the enrollment in

the attendance center or centers bears to the enrollment

of the school district. "Recognized school" means any

public school that meets the standards for recognition by

the State Board. A school district or attendance center

not having recognition status at the end of a school term

is entitled to receive State aid payments due upon a legal

claim that was filed while it was recognized.

(7) School district claims filed under this Section

are subject to Sections 18-9 and 18-12 of this Code,

except as otherwise provided in this Section.

(8) Each fiscal year, the State Superintendent shall

calculate for each Organizational Unit an amount of its

Base Funding Minimum and Evidence-Based Funding that shall

be deemed attributable to the provision of special

educational facilities and services, as defined in Section

14-1.08 of this Code, in a manner that ensures compliance

with maintenance of State financial support requirements

under the federal Individuals with Disabilities Education

Act. An Organizational Unit must use such funds only for

the provision of special educational facilities and

services, as defined in Section 14-1.08 of this Code, and

must comply with any expenditure verification procedures

adopted by the State Board.

(9) All Organizational Units in this State must submit

annual spending plans, as part of the budget submission

process, no later than October 31 of each year to the State

Board. The spending plan shall describe how each

Organizational Unit will utilize the Base Funding Minimum

and Evidence-Based Funding it receives from this State

under this Section with specific identification of the

intended utilization of Low-Income, English learner, and

special education resources. Additionally, the annual

spending plans of each Organizational Unit shall describe

how the Organizational Unit expects to achieve student

growth and how the Organizational Unit will achieve State

education goals, as defined by the State Board. The State

Superintendent may, from time to time, identify additional

requisites for Organizational Units to satisfy when

compiling the annual spending plans required under this

subsection (h). The format and scope of annual spending

plans shall be developed by the State Superintendent and

the State Board of Education. School districts that serve

students under Article 14C of this Code shall continue to

submit information as required under Section 14C-12 of

this Code.

(10) No later than January 1, 2018, the State

Superintendent shall develop a 5-year strategic plan for

all Organizational Units to help in planning for adequacy

funding under this Section. The State Superintendent shall

submit the plan to the Governor and the General Assembly,

as provided in Section 3.1 of the General Assembly

Organization Act. The plan shall include recommendations

for:

(A) a framework for collaborative, professional,

innovative, and 21st century learning environments

using the Evidence-Based Funding model;

(B) ways to prepare and support this State's

educators for successful instructional careers;

(C) application and enhancement of the current

financial accountability measures, the approved State

plan to comply with the federal Every Student Succeeds

Act, and the Illinois Balanced Accountability Measures

in relation to student growth and elements of the

Evidence-Based Funding model; and

(D) implementation of an effective school adequacy

funding system based on projected and recommended

funding levels from the General Assembly.

(11) On an annual basis, the State Superintendent must

recalibrate all of the following per pupil elements of the

Adequacy Target and applied to the formulas, based on the

study of average expenses and as reported in the most

recent annual financial report:

(A) Gifted under subparagraph (M) of paragraph (2)

of subsection (b).

(B) Instructional materials under subparagraph (O)

of paragraph (2) of subsection (b).

(C) Assessment under subparagraph (P) of paragraph

(2) of subsection (b).

(D) Student activities under subparagraph (R) of

paragraph (2) of subsection (b).

(E) Maintenance and operations under subparagraph

(S) of paragraph (2) of subsection (b).

(F) Central office under subparagraph (T) of

paragraph (2) of subsection (b).

(i) Professional Review Panel.

(1) A Professional Review Panel is created to study

and review topics related to the implementation and effect

of Evidence-Based Funding, as assigned by a joint

resolution or Public Act of the General Assembly or a

motion passed by the State Board of Education. The Panel

must provide recommendations to and serve the Governor,

the General Assembly, and the State Board. The State

Superintendent or his or her designee must serve as a

voting member and chairperson of the Panel. The State

Superintendent must appoint a vice chairperson from the

membership of the Panel. The Panel must advance

recommendations based on a three-fifths majority vote of

Panel members present and voting. A minority opinion may

also accompany any recommendation of the Panel. The Panel

shall be appointed by the State Superintendent, except as

otherwise provided in paragraph (2) of this subsection (i)

and include the following members:

(A) Two appointees that represent district

superintendents, recommended by a statewide

organization that represents district superintendents.

(B) Two appointees that represent school boards,

recommended by a statewide organization that

represents school boards.

(C) Two appointees from districts that represent

school business officials, recommended by a statewide

organization that represents school business

officials.

(D) Two appointees that represent school

principals, recommended by a statewide organization

that represents school principals.

(E) Two appointees that represent teachers,

recommended by a statewide organization that

represents teachers.

(F) Two appointees that represent teachers,

recommended by another statewide organization that

represents teachers.

(G) Two appointees that represent regional

superintendents of schools, recommended by

organizations that represent regional superintendents.

(H) Two independent experts selected solely by the

State Superintendent.

(I) Two independent experts recommended by public

universities in this State.

(J) One member recommended by a statewide

organization that represents parents.

(K) Two representatives recommended by collective

impact organizations that represent major metropolitan

areas or geographic areas in Illinois.

(L) One member from a statewide organization

focused on research-based education policy to support

a school system that prepares all students for

college, a career, and democratic citizenship.

(M) One representative from a school district

organized under Article 34 of this Code.

The State Superintendent shall ensure that the

membership of the Panel includes representatives from

school districts and communities reflecting the

geographic, socio-economic, racial, and ethnic diversity

of this State. The State Superintendent shall additionally

ensure that the membership of the Panel includes

representatives with expertise in bilingual education and

special education. Staff from the State Board shall staff

the Panel.

(2) In addition to those Panel members appointed by

the State Superintendent, 4 members of the General

Assembly shall be appointed as follows: one member of the

House of Representatives appointed by the Speaker of the

House of Representatives, one member of the Senate

appointed by the President of the Senate, one member of

the House of Representatives appointed by the Minority

Leader of the House of Representatives, and one member of

the Senate appointed by the Minority Leader of the Senate.

There shall be one additional member appointed by the

Governor. All members appointed by legislative leaders or

the Governor shall be non-voting, ex officio members.

(3) The Panel must study topics at the direction of

the General Assembly or State Board of Education, as

provided under paragraph (1). The Panel may also study the

following topics at the direction of the chairperson:

(A) The format and scope of annual spending plans

referenced in paragraph (9) of subsection (h) of this

Section.

(B) The Comparable Wage Index under this Section.

(C) Maintenance and operations, including capital

maintenance and construction costs.

(D) "At-risk student" definition.

(E) Benefits.

(F) Technology.

(G) Local Capacity Target.

(H) Funding for Alternative Schools, Laboratory

Schools, safe schools, and alternative learning

opportunities programs.

(I) Funding for college and career acceleration

strategies.

(J) Special education investments.

(K) Early childhood investments, in collaboration

with the Illinois Early Learning Council.

(4) (Blank).

(5) Within 5 years after the implementation of this

Section, and every 5 years thereafter, the Panel shall

complete an evaluative study of the entire Evidence-Based

Funding model, including an assessment of whether or not

the formula is achieving State goals. The Panel shall

report to the State Board, the General Assembly, and the

Governor on the findings of the study.

(6) (Blank).

(7) To ensure that (i) the Adequacy Target calculation

under subsection (b) accurately reflects the needs of

students living in poverty or attending schools located in

areas of high poverty, (ii) racial equity within the

Evidence-Based Funding formula is explicitly explored and

advanced, and (iii) the funding goals of the formula

distribution system established under this Section are

sufficient to provide adequate funding for every student

and to fully fund every school in this State, the Panel

shall review the Essential Elements under paragraph (2) of

subsection (b). The Panel shall consider all of the

following in its review:

(A) The financial ability of school districts to

provide instruction in a foreign language to every

student and whether an additional Essential Element

should be added to the formula to ensure that every

student has access to instruction in a foreign

language.

(B) The adult-to-student ratio for each Essential

Element in which a ratio is identified. The Panel

shall consider whether the ratio accurately reflects

the staffing needed to support students living in

poverty or who have traumatic backgrounds.

(C) Changes to the Essential Elements that may be

required to better promote racial equity and eliminate

structural racism within schools.

(D) The impact of investing $350,000,000 in

additional funds each year under this Section and an

estimate of when the school system will become fully

funded under this level of appropriation.

(E) Provide an overview of alternative funding

structures that would enable the State to become fully

funded at an earlier date.

(F) The potential to increase efficiency and to

find cost savings within the school system to expedite

the journey to a fully funded system.

(G) The appropriate levels for reenrolling and

graduating high-risk high school students who have

been previously out of school. These outcomes shall

include enrollment, attendance, skill gains, credit

gains, graduation or promotion to the next grade

level, and the transition to college, training, or

employment, with an emphasis on progressively

increasing the overall attendance.

(H) The evidence-based or research-based practices

that are shown to reduce the gaps and disparities

experienced by African American students in academic

achievement and educational performance, including

practices that have been shown to reduce disparities

in disciplinary rates, drop-out rates, graduation

rates, college matriculation rates, and college

completion rates.

On or before December 31, 2021, the Panel shall report

to the State Board, the General Assembly, and the Governor

on the findings of its review. This paragraph (7) is

inoperative on and after July 1, 2022.

(8) On or before April 1, 2024, the Panel must submit a

report to the General Assembly on annual adjustments to

Glenwood Academy's base-funding minimum in a similar

fashion to school districts under this Section.

(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. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21;

102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff.

1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8,

eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23;

revised 8-30-23.)

(105 ILCS 5/19-6) (from Ch. 122, par. 19-6)

Sec. 19-6. Bond money to school treasurer; delivery

treasurer - Delivery of bonds; record; payment bonds - Record -

Payment. All moneys borrowed under the authority of this

Act, except money borrowed by school districts having a

population of more than 500,000 inhabitants, shall be paid to

the school treasurer of the district. The treasurer shall,

before receiving any of the money, execute a bond with a surety

company authorized to do business in this State, as surety,

payable to the school board of the district in Class I county

school units or township trustees in Class II county school

units and conditioned upon the faithful discharge of his

duties, except that the bond required of the school treasurer

of a school district which is located in a Class II county

school unit but which no longer is subject to the jurisdiction

and authority of a township treasurer or trustees of schools

of a township because the district has withdrawn from the

jurisdiction and authority of the township treasurer and

trustees of schools of the township or because those offices

have been abolished as provided in subsection (b) or (c) of

Section 5-1 shall be payable to the school board of such

district and conditioned upon the faithful discharge of his

duties. The bond shall be submitted for approval or rejection

to the school board of the district or to the township trustees

to which such bond is payable. The penalty of the bond or bonds

shall be an amount no less than 10% of the amount of such bond

issue, whether individuals act as surety or whether the surety

is given by a surety company authorized to transact business

in this State. The bond shall be in substantially the same form

as that required by Section 8-2 of this Act and when so given

shall fully describe the bond issue which it specifically

covers and shall remain in force until the funds of the bond

issue are taken into account in determining the penalty amount

for the surety bond required by Section 8-2 of this Code. Upon

receiving such moneys the treasurer shall deliver the bonds

issued therefor to the persons entitled to receive them, and

shall credit the funds received to the district issuing the

bonds. The treasurer shall record the amount received for each

bond issued. When any bonds are paid the treasurer shall

cancel them and shall enter, against the record of the bonds,

the words, "paid and cancelled the .... day of ...., 1 ....,"

filling the blanks with the day, month, and year corresponding

to the date of payment.

(Source: P.A. 103-49, eff. 6-9-23; revised 9-20-23.)

(105 ILCS 5/21B-30)

Sec. 21B-30. Educator testing.

(a) (Blank).

(b) The State Board of Education, in consultation with the

State Educator Preparation and Licensure Board, shall design

and implement a system of examinations, which shall be

required prior to the issuance of educator licenses. These

examinations and indicators must be based on national and

State professional teaching standards, as determined by the

State Board of Education, in consultation with the State

Educator Preparation and Licensure Board. The State Board of

Education may adopt such rules as may be necessary to

implement and administer this Section.

(c) (Blank).

(c-5) The State Board must adopt rules to implement a

paraprofessional competency test. This test would allow an

applicant seeking an Educator License with Stipulations with a

paraprofessional educator endorsement to obtain the

endorsement if he or she passes the test and meets the other

requirements of subparagraph (J) of paragraph (2) of Section

21B-20 other than the higher education requirements.

(d) All applicants seeking a State license shall be

required to pass a test of content area knowledge for each area

of endorsement for which there is an applicable test. There

shall be no exception to this requirement. No candidate shall

be allowed to student teach or serve as the teacher of record

until he or she has passed the applicable content area test.

(d-5) The State Board shall consult with any applicable

vendors within 90 days after July 28, 2023 (the effective date

of Public Act 103-402) this amendatory Act of the 103rd

General Assembly to develop a plan to transition the test of

content area knowledge in the endorsement area of elementary

education, grades one through 6, by July 1, 2026 to a content

area test that contains testing elements that cover

bilingualism, biliteracy, oral language development,

foundational literacy skills, and developmentally appropriate

higher-order comprehension and on which a valid and reliable

language and literacy subscore can be determined. The State

Board shall base its rules concerning the passing subscore on

the language and literacy portion of the test on the

recommended cut-score determined in the formal

standard-setting process. Candidates need not achieve a

particular subscore in the area of language and literacy. The

State Board shall aggregate and publish the number of

candidates in each preparation program who take the test and

the number who pass the language and literacy portion.

(e) (Blank).

(f) Beginning on August 4, 2023 (the effective date of

Public Act 103-488) this amendatory Act of the 103rd General

Assembly through August 31, 2025, no candidate completing a

teacher preparation program in this State or candidate subject

to Section 21B-35 of this Code is required to pass a teacher

performance assessment. Except as otherwise provided in this

Article, beginning on September 1, 2015 until August 4, 2023

(the effective date of Public Act 103-488) this amendatory Act

of the 103rd General Assembly and beginning again on September

1, 2025, all candidates completing teacher preparation

programs in this State and all candidates subject to Section

21B-35 of this Code are required to pass a teacher performance

assessment approved by the State Board of Education, in

consultation with the State Educator Preparation and Licensure

Board. A candidate may not be required to submit test

materials by video submission. Subject to appropriation, an

individual who holds a Professional Educator License and is

employed for a minimum of one school year by a school district

designated as Tier 1 under Section 18-8.15 may, after

application to the State Board, receive from the State Board a

refund for any costs associated with completing the teacher

performance assessment under this subsection.

(f-5) The Teacher Performance Assessment Task Force is

created to evaluate potential performance-based and objective

teacher performance assessment systems for implementation

across all educator preparation programs in this State, with

the intention of ensuring consistency across programs and

supporting a thoughtful and well-rounded licensure system.

Members appointed to the Task Force must reflect the racial,

ethnic, and geographic diversity of this State. The Task Force

shall consist of all of the following members:

(1) One member of the Senate, appointed by the

President of the Senate.

(2) One member of the Senate, appointed by the

Minority Leader of the Senate.

(3) One member of the House of Representatives,

appointed by the Speaker of the House of Representatives.

(4) One member of the House of Representatives,

appointed by the Minority Leader of the House of

Representatives.

(5) One member who represents a statewide professional

teachers' organization, appointed by the State

Superintendent of Education.

(6) One member who represents a different statewide

professional teachers' organization, appointed by the

State Superintendent of Education.

(7) One member from a statewide organization

representing school principals, appointed by the State

Superintendent of Education.

(8) One member from a statewide organization

representing regional superintendents of schools,

appointed by the State Superintendent of Education.

(9) One member from a statewide organization

representing school administrators, appointed by the State

Superintendent of Education.

(10) One member representing a school district

organized under Article 34 of this Code, appointed by the

State Superintendent of Education.

(11) One member of an association representing rural

and small schools, appointed by the State Superintendent

of Education.

(12) One member representing a suburban school

district, appointed by the State Superintendent of

Education.

(13) One member from a statewide organization

representing school districts in the southern suburbs of

the City of Chicago, appointed by the State Superintendent

of Education.

(14) One member from a statewide organization

representing large unit school districts, appointed by the

State Superintendent of Education.

(15) One member from a statewide organization

representing school districts in the collar counties of

the City of Chicago, appointed by the State Superintendent

of Education.

(16) Three members, each representing a different

public university in this State and each a current member

of the faculty of an approved educator preparation

program, appointed by the State Superintendent of

Education.

(17) Three members, each representing a different

4-year nonpublic university or college in this State and

each a current member of the faculty of an approved

educator preparation program, appointed by the State

Superintendent of Education.

(18) One member of the Board of Higher Education,

appointed by the State Superintendent of Education.

(19) One member representing a statewide policy

organization advocating on behalf of multilingual students

and families, appointed by the State Superintendent of

Education.

(20) One member representing 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, appointed by the State

Superintendent of Education.

(21) Two members representing an early childhood

advocacy organization, appointed by the State

Superintendent of Education.

(22) One member representing a statewide organization

that partners with educator preparation programs and

school districts to support the growth and development of

preservice teachers, appointed by the State Superintendent

of Education.

(23) One member representing a statewide organization

that advocates for educational equity and racial justice

in schools, appointed by the State Superintendent of

Education.

(24) One member representing a statewide organization

that represents school boards, appointed by the State

Superintendent of Education.

(25) One member who has, within the last 5 years,

served as a cooperating teacher, appointed by the State

Superintendent of Education.

Members of the Task Force shall serve without

compensation. The Task Force shall first meet at the call of

the State Superintendent of Education, and each subsequent

meeting shall be called by the chairperson of the Task Force,

who shall be designated by the State Superintendent of

Education. The State Board of Education shall provide

administrative and other support to the Task Force.

On or before August 1, 2024, the Task Force shall report on

its work, including recommendations on a teacher performance

assessment system in this State, to the State Board of

Education and the General Assembly. The Task Force is

dissolved upon submission of this report.

(g) The content area knowledge test and the teacher

performance assessment shall be the tests that from time to

time are designated by the State Board of Education, in

consultation with the State Educator Preparation and Licensure

Board, and may be tests prepared by an educational testing

organization or tests designed by the State Board of

Education, in consultation with the State Educator Preparation

and Licensure Board. The test of content area knowledge shall

assess content knowledge in a specific subject field. The

tests must be designed to be racially neutral to ensure that no

person taking the tests is discriminated against on the basis

of race, color, national origin, or other factors unrelated to

the person's ability to perform as a licensed employee. The

score required to pass the tests shall be fixed by the State

Board of Education, in consultation with the State Educator

Preparation and Licensure Board. The tests shall be

administered not fewer than 3 times a year at such time and

place as may be designated by the State Board of Education, in

consultation with the State Educator Preparation and Licensure

Board.

The State Board shall implement a test or tests to assess

the speaking, reading, writing, and grammar skills of

applicants for an endorsement or a license issued under

subdivision (G) of paragraph (2) of Section 21B-20 of this

Code in the English language and in the language of the

transitional bilingual education program requested by the

applicant.

(h) Except as provided in Section 34-6 of this Code, the

provisions of this Section shall apply equally in any school

district subject to Article 34 of this Code.

(i) The rules developed to implement and enforce the

testing requirements under this Section shall include, without

limitation, provisions governing test selection, test

validation, and determination of a passing score,

administration of the tests, frequency of administration,

applicant fees, frequency of applicants taking the tests, the

years for which a score is valid, and appropriate special

accommodations. The State Board of Education shall develop

such rules as may be needed to ensure uniformity from year to

year in the level of difficulty for each form of an assessment.

(Source: P.A. 102-301, eff. 8-26-21; 103-402, eff. 7-28-23;

103-488, eff. 8-4-23; revised 9-1-23.)

(105 ILCS 5/21B-50)

Sec. 21B-50. Alternative Educator Licensure Program for

Teachers.

(a) There is established an alternative educator licensure

program, to be known as the Alternative Educator Licensure

Program for Teachers.

(b) The Alternative Educator Licensure Program for

Teachers may be offered by a recognized institution approved

to offer educator preparation programs by the State Board of

Education, in consultation with the State Educator Preparation

and Licensure Board.

The program shall be comprised of up to 3 phases:

(1) A course of study that at a minimum includes

instructional planning; instructional strategies,

including special education, reading, and English language

learning; classroom management; and the assessment of

students and use of data to drive instruction.

(2) A year of residency, which is a candidate's

assignment to a full-time teaching position or as a

co-teacher for one full school year. An individual must

hold an Educator License with Stipulations with an

alternative provisional educator endorsement in order to

enter the residency. In residency, the candidate must: be

assigned an effective, fully licensed teacher by the

principal or principal equivalent to act as a mentor and

coach the candidate through residency, complete additional

program requirements that address required State and

national standards, pass the State Board's teacher

performance assessment, if required under Section 21B-30,

and be recommended by the principal or qualified

equivalent of a principal, as required under subsection

(d) of this Section, and the program coordinator to be

recommended for full licensure or to continue with a

second year of the residency.

(3) (Blank).

(4) A comprehensive assessment of the candidate's

teaching effectiveness, as evaluated by the principal or

qualified equivalent of a principal, as required under

subsection (d) of this Section, and the program

coordinator, at the end of either the first or the second

year of residency. If there is disagreement between the 2

evaluators about the candidate's teaching effectiveness at

the end of the first year of residency, a second year of

residency shall be required. If there is disagreement

between the 2 evaluators at the end of the second year of

residency, the candidate may complete one additional year

of residency teaching under a professional development

plan developed by the principal or qualified equivalent

and the preparation program. At the completion of the

third year, a candidate must have positive evaluations and

a recommendation for full licensure from both the

principal or qualified equivalent and the program

coordinator or no Professional Educator License shall be

issued.

Successful completion of the program shall be deemed to

satisfy any other practice or student teaching and content

matter requirements established by law.

(c) An alternative provisional educator endorsement on an

Educator License with Stipulations is valid for up to 2 years

of teaching in the public schools, including without

limitation a preschool educational program under Section

2-3.71 of this Code or charter school, or in a

State-recognized nonpublic school in which the chief

administrator is required to have the licensure necessary to

be a principal in a public school in this State and in which a

majority of the teachers are required to have the licensure

necessary to be instructors in a public school in this State,

but may be renewed for a third year if needed to complete the

Alternative Educator Licensure Program for Teachers. The

endorsement shall be issued only once to an individual who

meets all of the following requirements:

(1) Has graduated from a regionally accredited college

or university with a bachelor's degree or higher.

(2) (Blank).

(3) Has completed a major in the content area if

seeking a middle or secondary level endorsement or, if

seeking an early childhood, elementary, or special

education endorsement, has completed a major in the

content area of early childhood reading, English/language

arts, mathematics, or one of the sciences. If the

individual does not have a major in a content area for any

level of teaching, he or she must submit transcripts to

the State Board of Education to be reviewed for

equivalency.

(4) Has successfully completed phase (1) of subsection

(b) of this Section.

(5) Has passed a content area test required for the

specific endorsement for admission into the program, as

required under Section 21B-30 of this Code.

A candidate possessing the alternative provisional

educator endorsement may receive a salary, benefits, and any

other terms of employment offered to teachers in the school

who are members of an exclusive bargaining representative, if

any, but a school is not required to provide these benefits

during the years of residency if the candidate is serving only

as a co-teacher. If the candidate is serving as the teacher of

record, the candidate must receive a salary, benefits, and any

other terms of employment. Residency experiences must not be

counted towards tenure.

(d) The recognized institution offering the Alternative

Educator Licensure Program for Teachers must partner with a

school district, including without limitation a preschool

educational program under Section 2-3.71 of this Code or

charter school, or a State-recognized, nonpublic school in

this State in which the chief administrator is required to

have the licensure necessary to be a principal in a public

school in this State and in which a majority of the teachers

are required to have the licensure necessary to be instructors

in a public school in this State. A recognized institution

that partners with a public school district administering a

preschool educational program under Section 2-3.71 of this

Code must require a principal to recommend or evaluate

candidates in the program. A recognized institution that

partners with an eligible entity administering a preschool

educational program under Section 2-3.71 of this Code and that

is not a public school district must require a principal or

qualified equivalent of a principal to recommend or evaluate

candidates in the program. The program presented for approval

by the State Board of Education must demonstrate the supports

that are to be provided to assist the provisional teacher

during the one-year 1-year or 2-year residency period and if

the residency period is to be less than 2 years in length,

assurances from the partner school districts to provide

intensive mentoring and supports through at least the end of

the second full year of teaching for educators who completed

the Alternative Educator Educators Licensure Program for

Teachers in less than 2 years. These supports must, at a

minimum, provide additional contact hours with mentors during

the first year of residency.

(e) Upon completion of phases under paragraphs (1), (2),

(4), and, if needed, (3) in subsection (b) of this Section and

all assessments required under Section 21B-30 of this Code, an

individual shall receive a Professional Educator License.

(f) The State Board of Education, in consultation with the

State Educator Preparation and Licensure Board, may adopt such

rules as may be necessary to establish and implement the

Alternative Educator Licensure Program for Teachers.

(Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23;

revised 9-1-23.)

(105 ILCS 5/21B-70)

Sec. 21B-70. Illinois Teaching Excellence Program.

(a) As used in this Section:

"Diverse candidate" means a candidate who identifies with

any of the ethnicities reported on the Illinois Report Card

other than White.

"Hard-to-staff school" means a public school in which no

less than 30% of the student enrollment is considered

low-income as reported by the report card under Section 10-17a

of this Code.

"National Board certified teacher candidate cohort

facilitator" means a National Board certified teacher who

collaborates to advance the goal of supporting all other

candidate cohorts other than diverse candidate cohorts through

the Illinois National Board for Professional Teaching

Standards Comprehensive Support System.

"National Board certified teacher diverse candidate cohort

facilitator" means a National Board certified teacher who

collaborates to advance the goal of supporting racially and

ethnically diverse candidates through the Illinois National

Board for Professional Teaching Standards Comprehensive

Support System.

"National Board certified teacher diverse liaison" means

an individual or entity that supports the National Board

certified teacher leading a diverse candidate cohort.

"National Board certified teacher liaison" means an

individual or entity that supports the National Board

certified teacher leading candidate cohorts other than diverse

candidate cohorts.

"National Board certified teacher rural or remote or

distant candidate cohort facilitator" means a National Board

certified teacher who collaborates to advance the goal of

supporting rural or remote candidates through the Illinois

National Board for Professional Teaching Standards

Comprehensive Support System.

"National Board certified teacher rural or remote or

distant liaison" means an individual or entity that supports

the National Board certified teacher leading a rural or remote

candidate cohort.

"Qualified educator" means a teacher or school counselor

currently employed in a school district who is in the process

of obtaining certification through the National Board for

Professional Teaching Standards or who has completed

certification and holds a current Professional Educator

License with a National Board for Professional Teaching

Standards designation or a retired teacher or school counselor

who holds a Professional Educator License with a National

Board for Professional Teaching Standards designation.

"Rural or remote" or "rural or remote or distant" means

local codes 32, 33, 41, 42, and 43 of the New Urban-Centric

Locale Codes, as defined by the National Center for Education

Statistics.

"Tier 1" has the meaning given to that term under Section

18-8.15.

"Tier 2" has the meaning given to that term under Section

18-8.15.

(b) Any funds appropriated for the Illinois Teaching

Excellence Program must be used to provide monetary assistance

and incentives for qualified educators who are employed by or

retired from school districts and who have or are in the

process of obtaining licensure through the National Board for

Professional Teaching Standards. The goal of the program is to

improve instruction and student performance.

The State Board of Education shall allocate an amount as

annually appropriated by the General Assembly for the Illinois

Teaching Excellence Program for (i) application or re-take

fees for each qualified educator seeking to complete

certification through the National Board for Professional

Teaching Standards, to be paid directly to the National Board

for Professional Teaching Standards, and (ii) incentives under

paragraphs (1), (2), and (3) of subsection (c) for each

qualified educator, to be distributed to the respective school

district, and incentives under paragraph (5) of subsection

(c), to be distributed to the respective school district or

directly to the qualified educator. The school district shall

distribute this payment to each eligible teacher or school

counselor as a single payment.

The State Board of Education's annual budget must set out

by separate line item the appropriation for the program.

Unless otherwise provided by appropriation, qualified

educators are eligible for monetary assistance and incentives

outlined in subsections (c) and (d) of this Section.

(c) When there are adequate funds available, monetary

assistance and incentives shall include the following:

(1) A maximum of $2,000 toward towards the application

or re-take fee for teachers or school counselors in a Tier

1 school district who apply on a first-come, first-serve

basis for National Board certification.

(2) A maximum of $2,000 toward towards the application

or re-take fee for teachers or school counselors in a

school district other than a Tier 1 school district who

apply on a first-come, first-serve basis for National

Board certification.

(3) A maximum of $1,000 toward towards the National

Board for Professional Teaching Standards' renewal

application fee.

(4) (Blank).

(5) An annual incentive of no more than $2,250

prorated at $50 per hour, which shall be paid to each

qualified educator currently employed in a school district

who holds both a National Board for Professional Teaching

Standards designation and a current corresponding

certificate issued by the National Board for Professional

Teaching Standards and who agrees, in writing, to provide

up to 45 hours of mentoring or National Board for

Professional Teaching Standards professional development

or both during the school year to classroom teachers or

school counselors, as applicable. Funds must be disbursed

on a first-come, first-serve basis, with priority given to

Tier 1 school districts. Mentoring shall include, either

singly or in combination, the following:

(A) National Board for Professional Teaching

Standards certification candidates.

(B) National Board for Professional Teaching

Standards re-take candidates.

(C) National Board for Professional Teaching

Standards renewal candidates.

(D) (Blank).

Funds may also be used for professional development

training provided by the National Board Resource Center.

Funds may also be used for instructional leadership

training for qualified educators interested in supporting

implementation of the Illinois Learning Standards or teaching

and learning priorities of the State Board of Education or

both.

(d) In addition to the monetary assistance and incentives

provided under subsection (c), if adequate funds are

available, incentives shall include the following incentives

for the program in rural or remote schools or school districts

or for programs working with diverse candidates or for

retention bonuses for hard-to-staff hard to staff schools, to

be distributed to the respective school district or directly

to the qualified educator or entity:

(1) A one-time incentive of $3,000 payable to National

Board certified teachers teaching in Tier 1 or Tier 2

rural or remote school districts or rural or remote

schools in Tier 1 or Tier 2 school districts, with

priority given to teachers teaching in Tier 1 rural or

remote school districts or rural or remote schools in Tier

1 school districts.

(2) An annual incentive of $3,200 for National Board

certified teacher rural or remote or distant candidate

cohort facilitators, diverse candidate cohort

facilitators, and candidate cohort facilitators. Priority

shall be given to rural or remote candidate cohort

facilitators and diverse candidate cohort facilitators.

(3) An annual incentive of $2,500 for National Board

certified teacher rural or remote or distant liaisons,

diverse liaisons, and liaisons. Priority shall be given to

rural or remote liaisons and diverse liaisons.

(4) An annual retention bonus of $4,000 per year for 2

consecutive years shall be awarded to National Board

certified teachers employed in hard-to-staff schools.

Funds must be disbursed on a first-come, first-served

basis.

(Source: P.A. 103-122, eff. 6-30-23; 103-207, eff. 1-1-24;

revised 12-12-23.)

(105 ILCS 5/22-30)

(Text of Section before amendment by P.A. 103-542)

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; supply of undesignated oxygen tanks; 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, allergy emergency action

plan, 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, allergy emergency 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;

(ii) administer an undesignated epinephrine injector that

meets the prescription on file to any student who has an

Individual Health Care Action Plan, allergy emergency action

plan, 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 shall maintain a supply of an opioid

antagonist in any secure location where an individual may have

an opioid overdose, unless there is a shortage of opioid

antagonists, in which case the school district, public school,

charter school, or nonpublic school shall make a reasonable

effort to maintain a supply of an opioid antagonist. Unless

the school district, public school, charter school, or

nonpublic school is able to obtain opioid antagonists without

a prescription, 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

shall 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.

A school district that provides special educational

facilities for children with disabilities under Section

14-4.01 of this Code may maintain a supply of undesignated

oxygen tanks in any secure location that is accessible before,

during, and after school where a person with developmental

disabilities 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 oxygen tanks in the

name of the school district that provides special educational

facilities for children with disabilities under Section

14-4.01 of this Code to be maintained for use when necessary.

Any supply of oxygen tanks shall be maintained in accordance

with the manufacturer's instructions and with the local fire

department's rules.

(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. 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.

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. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;

103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.

1-1-24; revised 11-27-23.)

(Text of Section after amendment by P.A. 103-542)

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; supply of undesignated oxygen tanks; 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, allergy emergency action

plan, 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, allergy emergency 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;

(ii) administer an undesignated epinephrine injector that

meets the prescription on file to any student who has an

Individual Health Care Action Plan, allergy emergency action

plan, 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 shall maintain a supply of an opioid

antagonist in any secure location where an individual may have

an opioid overdose, unless there is a shortage of opioid

antagonists, in which case the school district, public school,

charter school, or nonpublic school shall make a reasonable

effort to maintain a supply of an opioid antagonist. Unless

the school district, public school, charter school, or

nonpublic school is able to obtain opioid antagonists without

a prescription, 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

shall 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.

A school district that provides special educational

facilities for children with disabilities under Section

14-4.01 of this Code may maintain a supply of undesignated

oxygen tanks in any secure location that is accessible before,

during, and after school where a person with developmental

disabilities 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 oxygen tanks in the

name of the school district that provides special educational

facilities for children with disabilities under Section

14-4.01 of this Code to be maintained for use when necessary.

Any supply of oxygen tanks shall be maintained in accordance

with the manufacturer's instructions and with the local fire

department's rules.

(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. 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.

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) (Blank).

(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. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;

103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.

1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563

for effective date of P.A. 103-542); revised 11-27-23.)

(105 ILCS 5/22-95)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 22-95. Policy on discrimination, harassment, and

retaliation; response procedures.

(a) As used in this Section, "policy" means either the use

of a singular policy or multiple policies.

(b) Each school district, charter school, or nonpublic,

nonsectarian elementary or secondary school must create,

implement, and maintain at least one written policy that

prohibits discrimination and harassment based on race, color,

and national origin and prohibits retaliation. The policy may

be included as part of a broader anti-harassment or

anti-discrimination policy, provided that the policy

prohibiting discrimination and harassment based on race,

color, and national origin and retaliation shall be

distinguished with an appropriate title, heading, or label.

This policy must comply with and be distributed in accordance

with all of the following:

(1) The policy must be in writing and must include at a

minimum, the following information:

(A) descriptions of various forms of

discrimination and harassment based on race, color,

and national origin, including examples;

(B) the school district's, charter school's, or

nonpublic, nonsectarian elementary or secondary

school's internal process for filing a complaint

regarding a violation of the policy described in this

subsection, or a reference to that process if

described elsewhere in policy;

(C) an overview of the school district's, charter

school's, or nonpublic, nonsectarian elementary or

secondary school's prevention and response program

pursuant to subsection (c);

(D) potential remedies for a violation of the

policy described in this subsection;

(E) a prohibition on retaliation for making a

complaint or participating in the complaint process;

(F) the legal recourse available through the

Department of Human Rights and through federal

agencies if a school district, charter school, or

nonpublic, nonsectarian elementary or secondary school

fails to take corrective action, or a reference to

that process if described elsewhere in policy; and

(G) directions on how to contact the Department of

Human Rights or a reference to those directions if

described elsewhere in the policy.

The policy shall make clear that the policy does not

impair or otherwise diminish the rights of unionized

employees under federal law, State law, or a collective

bargaining agreement to request an exclusive bargaining

representative to be present during investigator

interviews, nor does the policy diminish any rights

available under the applicable negotiated collective

bargaining agreement, including, but not limited to, the

grievance procedure.

(2) The policy described in this subsection shall be

posted in a prominent and accessible location and

distributed in such a manner as to ensure notice of the

policy to all employees. If the school district, charter

school, or nonpublic, nonsectarian elementary or secondary

school maintains an Internet website or has an employee

Intranet, the website or Intranet shall be considered a

prominent and accessible location for the purpose of this

paragraph (2). Posting and distribution shall be

effectuated by the beginning of the 2024-2025 school year

and shall occur annually thereafter.

(3) The policy described in this subsection shall be

published on the school district's, charter school's, or

nonpublic, nonsectarian elementary or secondary school's

Internet website, if one exists, and in a student

handbook, if one exists. A summary of the policy in

accessible, age-appropriate language shall be distributed

annually to students and to the parents or guardians of

minor students. School districts, charter schools, and

nonpublic, nonsectarian elementary or secondary schools

shall provide a summary of the policy in the parent or

guardian's native language. For the annual distribution of

the summary, inclusion of the summary in a student

handbook is deemed compliant.

(c) Each school district, charter school, and nonpublic,

nonsectarian elementary or secondary school must establish

procedures for responding to complaints of discrimination and

harassment based on race, color, and national origin and

retaliation. These procedures must comply with subsection (b)

of this Section. Based on these procedures, school districts,

charter schools, and nonpublic, nonsectarian elementary or

secondary schools:

(1) shall reduce or remove, to the extent practicable,

barriers to reporting discrimination, harassment, and

retaliation;

(2) shall permit any person who reports or is the

victim of an incident of alleged discrimination,

harassment, or retaliation to be accompanied when making a

report by a support individual of the person's choice who

complies with the school district's, charter school's, or

nonpublic, nonsectarian elementary or secondary school's

policies or rules;

(3) shall permit anonymous reporting, except that this

paragraph (3) may not be construed to permit formal

disciplinary action solely on the basis of an anonymous

report;

(4) shall offer remedial interventions or take such

disciplinary action as may be appropriate on a

case-by-case basis;

(5) may offer, but not require or unduly influence, a

person who reports or is the victim of an incident of

discrimination, harassment, or retaliation the option to

resolve allegations directly with the offender; and

(6) may not cause a person who reports or is the victim

of an incident of discrimination, harassment, or

retaliation to suffer adverse consequences as a result of

a report of, an investigation of, or a response to the

incident; this protection may not permit victims to engage

in retaliation against the offender or limit a school

district, charter school, or nonpublic, nonsectarian

elementary or secondary school from applying disciplinary

measures in response to other acts or conduct not related

to the process of reporting, investigating, or responding

to a report of an incident of discrimination, harassment,

or retaliation.

(Source: P.A. 103-472, eff. 8-1-24.)

(105 ILCS 5/22-97)

(Section scheduled to be repealed on February 1, 2029)

Sec. 22-97 22-95. 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 the students' 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 the providers' 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 evidence-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 created by Public Act

101-654 is reestablished 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

evidence-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 of the

City of Chicago.

(29) One member who is a licensed clinical

psychologist who (i) 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

the City of Chicago, (ii) serves as an associate professor

at a medical school located in the City of Chicago, and

(iii) serves as the clinical director of a coalition of

voluntary collaboration of organizations that are

committed to applying a trauma lens to the member's

efforts on behalf of families and children in the State.

(30) One member who represents a school district in

the west suburbs of the City of Chicago.

(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 around

the City of Chicago.

(34) 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 reconvene by March

2027 to review progress on the recommendations in the March

2022 report submitted pursuant to Public Act 101-654 and shall

submit a new report on its assessment of the State's progress

and any additional recommendations to the General Assembly,

the Illinois Legislative Black Caucus, the State Board of

Education, and the Governor on or before December 31, 2027.

(f) This Section is repealed on February 1, 2029.

(Source: P.A. 103-413, eff. 1-1-24; revised 9-25-23.)

(105 ILCS 5/22-98)

Sec. 22-98 22-95. Retirement and deferred compensation

plans.

(a) This Section applies only to school districts, other

than a school district organized under Article 34, with a

full-time licensed teacher population of 575 or more teachers

that maintain a 457 plan. Every applicable school district

shall make available to participants more than one financial

institution or investment provider to provide services to the

school district's 457 plan.

(b) A financial institution or investment provider, by

entering into a written agreement, may offer or provide

services to a plan offered, established, or maintained by a

school district under Section 457 of the Internal Revenue Code

of 1986 if the written agreement is not combined with any other

written agreement for the administration of the school

district's 457 plan.

Each school district that offers a 457 plan shall make

available to participants, in the manner provided in

subsection (d), more than one financial institution or

investment provider that has not entered into a written

agreement to provide administration services and that provides

services to a 457 plan offered to school districts.

(c) A financial institution or investment provider

providing services for any plan offered, established, or

maintained by a school district under Section 457 of the

Internal Revenue Code of 1986 shall:

(1) enter into an agreement with the school district

or the school district's independent compliance

administrator that requires the financial institution or

investment provider to provide, in an electronic format,

all data necessary for the administration of the 457 plan,

as determined by the school district or the school

district's compliance administrator;

(2) provide all data required by the school district

or the school district's compliance administrator to

facilitate disclosure of all fees, charges, expenses,

commissions, compensation, and payments to third parties

related to investments offered under the 457 plan; and

(3) cover all plan administration costs agreed to by

the school district relating to the administration of the

457 plan.

(d) A school district that offers, establishes, or

maintains a plan under Section 457 of the Internal Revenue

Code of 1986, except for a plan established under Section

16-204 of the Illinois Pension Code, shall select more than

one financial institution or investment provider, in addition

to the financial institution or investment provider that has

entered into a written agreement under subsection (b), to

provide services to the 457 plan. A financial institution or

investment provider shall be designated a 457 plan provider if

the financial institution or investment provider enters into

an agreement in accordance with subsection (c).

(e) A school district shall have one year after the

effective date of this amendatory Act of the 103rd General

Assembly to find a 457 plan provider under this Section.

(f) Nothing in this Section shall apply to or impact the

optional defined contribution benefit established by the

Teachers' Retirement System of the State of Illinois under

Section 16-204 of the Illinois Pension Code. Notwithstanding

the foregoing, the Teachers' Retirement System may elect to

share plan data for the 457 plan established pursuant to

Section 16-204 of the Illinois Pension Code with the school

district, upon request by the school district, in order to

facilitate school districts' compliance with this Section and

Section 457 of the Internal Revenue Code of 1986. If a school

district requests that the Teachers' Retirement System share

plan information for the 457 plan established pursuant to

Section 16-204 of the Illinois Pension Code, the Teachers'

Retirement System may assess a fee on the applicable school

district.

(Source: P.A. 103-481, eff. 1-1-24; revised 9-25-23.)

(105 ILCS 5/22-99)

(Section scheduled to be repealed on December 31, 2031)

Sec. 22-99 22-95. Rural Education Advisory Council.

(a) The Rural Education Advisory Council is created as a

statewide advisory council to exchange thoughtful dialogue

concerning the needs, challenges, and opportunities of rural

school schools districts and to provide policy recommendations

to the State. The Council shall perform all of the following

functions:

(1) Convey and impart the perspective of rural

communities and provide context during policy discussions

on various statewide issues with the State Superintendent

of Education.

(2) Present to the State Superintendent of Education

the opportunity to speak directly with representatives of

rural communities on various policy and legal issues, to

present feedback on critical issues facing rural

communities, to generate ideas, and to communicate

information to the State Superintendent.

(3) Provide feedback about this State's

pre-kindergarten through grade 12 practices and policies

so that the application of policies in rural areas may be

more fully understood.

(b) The Council shall consist of all of the following

members:

(1) The State Superintendent of Education or his or

her designee.

(2) One representative of an association representing

rural and small schools, appointed by the State

Superintendent of Education.

(3) Five superintendents of rural school districts who

represent 3 super-regions of this State and who are

recommended by an association representing rural and small

schools, appointed by the State Superintendent of

Education.

(4) One principal from a rural school district

recommended by a statewide organization representing

school principals, appointed by the State Superintendent

of Education.

(5) One representative from a rural school district

recommended by a statewide organization representing

school boards, appointed by the State Superintendent of

Education.

(6) One representative of a statewide organization

representing district superintendents, appointed by the

State Superintendent of Education.

(7) One representative of a statewide organization

representing regional superintendents of schools,

appointed by the State Superintendent of Education.

(8) One student who is at least 15 years old, who is a

member of the State Board of Education's Student Advisory

Council, and who is from a rural school district,

appointed by the State Superintendent of Education.

Council members must reflect, as much as possible, the

racial and ethnic diversity of this State.

Council members shall serve without compensation but shall

be reimbursed for their reasonable and necessary expenses from

funds appropriated to the State Board of Education for that

purpose, subject to the rules of the appropriate travel

control board.

(c) The Council shall meet initially at the call of the

State Superintendent of Education, shall select one member as

chairperson at its initial meeting, and shall thereafter meet

at the call of the chairperson.

(d) The State Board of Education shall provide

administrative and other support to the Council as needed.

(e) The Council is dissolved and this Section is repealed

on December 31, 2031.

(Source: P.A. 103-497, eff. 1-1-24; revised 1-30-24.)

(105 ILCS 5/24-2)

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, educational support personnel employees, 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, including an

educational support personnel employee, on account of any

legal or special holiday in which that employee would have

otherwise been scheduled to work but for the 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), September 17

(Constitution Day), 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 Public Act 101-642 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.

Notwithstanding any other provision of State law to the

contrary, November 5, 2024 shall be a State holiday known as

2024 General Election Day and shall be observed throughout

this State pursuant to Public Act 103-467 this amendatory Act

of the 103rd General Assembly.

(Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21;

102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff.

5-13-22; 103-15, eff. 7-1-23; 103-395, eff. 1-1-24; 103-467,

eff. 8-4-23; revised 9-1-23.)

(105 ILCS 5/24-12)

Sec. 24-12. Removal or dismissal of teachers in

contractual continued service.

(a) This subsection (a) applies only to honorable

dismissals and recalls in which the notice of dismissal is

provided on or before the end of the 2010-2011 school term. If

a teacher in contractual continued service is removed or

dismissed as a result of a decision of the board to decrease

the number of teachers employed by the board or to discontinue

some particular type of teaching service, written notice shall

be mailed to the teacher and also given the teacher either by

certified mail, return receipt requested or personal delivery

with receipt at least 60 days before the end of the school

term, together with a statement of honorable dismissal and the

reason therefor, and in all such cases the board shall first

remove or dismiss all teachers who have not entered upon

contractual continued service before removing or dismissing

any teacher who has entered upon contractual continued service

and who is legally qualified to hold a position currently held

by a teacher who has not entered upon contractual continued

service.

As between teachers who have entered upon contractual

continued service, the teacher or teachers with the shorter

length of continuing service with the district shall be

dismissed first unless an alternative method of determining

the sequence of dismissal is established in a collective

bargaining agreement or contract between the board and a

professional faculty members' organization and except that

this provision shall not impair the operation of any

affirmative action program in the district, regardless of

whether it exists by operation of law or is conducted on a

voluntary basis by the board. Any teacher dismissed as a

result of such decrease or discontinuance shall be paid all

earned compensation on or before the third business day

following the last day of pupil attendance in the regular

school term.

If the board has any vacancies for the following school

term or within one calendar year from the beginning of the

following school term, the positions thereby becoming

available shall be tendered to the teachers so removed or

dismissed so far as they are legally qualified to hold such

positions; provided, however, that if the number of honorable

dismissal notices based on economic necessity exceeds 15% of

the number of full-time equivalent positions filled by

certified employees (excluding principals and administrative

personnel) during the preceding school year, then if the board

has any vacancies for the following school term or within 2

calendar years from the beginning of the following school

term, the positions so becoming available shall be tendered to

the teachers who were so notified and removed or dismissed

whenever they are legally qualified to hold such positions.

Each board shall, in consultation with any exclusive employee

representatives, each year establish a list, categorized by

positions, showing the length of continuing service of each

teacher who is qualified to hold any such positions, unless an

alternative method of determining a sequence of dismissal is

established as provided for in this Section, in which case a

list shall be made in accordance with the alternative method.

Copies of the list shall be distributed to the exclusive

employee representative on or before February 1 of each year.

Whenever the number of honorable dismissal notices based upon

economic necessity exceeds 5, or 150% of the average number of

teachers honorably dismissed in the preceding 3 years,

whichever is more, then the board also shall hold a public

hearing on the question of the dismissals. Following the

hearing and board review, the action to approve any such

reduction shall require a majority vote of the board members.

(b) If any teacher, whether or not in contractual

continued service, is removed or dismissed as a result of a

decision of a school board to decrease the number of teachers

employed by the board, a decision of a school board to

discontinue some particular type of teaching service, or a

reduction in the number of programs or positions in a special

education joint agreement, then written notice must be mailed

to the teacher and also given to the teacher either by

electronic mail, certified mail, return receipt requested, or

personal delivery with receipt on or before April 15, together

with a statement of honorable dismissal and the reason

therefor, and in all such cases the sequence of dismissal

shall occur in accordance with this subsection (b); except

that this subsection (b) shall not impair the operation of any

affirmative action program in the school district, regardless

of whether it exists by operation of law or is conducted on a

voluntary basis by the board.

Each teacher must be categorized into one or more

positions for which the teacher is qualified to hold, based

upon legal qualifications and any other qualifications

established in a district or joint agreement job description,

on or before the May 10 prior to the school year during which

the sequence of dismissal is determined. Within each position

and subject to agreements made by the joint committee on

honorable dismissals that are authorized by subsection (c) of

this Section, the school district or joint agreement must

establish 4 groupings of teachers qualified to hold the

position as follows:

(1) Grouping one shall consist of each teacher who is

not in contractual continued service and who (i) has not

received a performance evaluation rating, (ii) is employed

for one school term or less to replace a teacher on leave,

or (iii) is employed on a part-time basis. "Part-time

basis" for the purposes of this subsection (b) means a

teacher who is employed to teach less than a full-day,

teacher workload or less than 5 days of the normal student

attendance week, unless otherwise provided for in a

collective bargaining agreement between the district and

the exclusive representative of the district's teachers.

For the purposes of this Section, a teacher (A) who is

employed as a full-time teacher but who actually teaches

or is otherwise present and participating in the

district's educational program for less than a school term

or (B) who, in the immediately previous school term, was

employed on a full-time basis and actually taught or was

otherwise present and participated in the district's

educational program for 120 days or more is not considered

employed on a part-time basis.

(2) Grouping 2 shall consist of each teacher with a

Needs Improvement or Unsatisfactory performance evaluation

rating on either of the teacher's last 2 performance

evaluation ratings.

(3) Grouping 3 shall consist of each teacher with a

performance evaluation rating of at least Satisfactory or

Proficient on both of the teacher's last 2 performance

evaluation ratings, if 2 ratings are available, or on the

teacher's last performance evaluation rating, if only one

rating is available, unless the teacher qualifies for

placement into grouping 4.

(4) Grouping 4 shall consist of each teacher whose

last 2 performance evaluation ratings are Excellent and

each teacher with 2 Excellent performance evaluation

ratings out of the teacher's last 3 performance evaluation

ratings with a third rating of Satisfactory or Proficient.

Among teachers qualified to hold a position, teachers must

be dismissed in the order of their groupings, with teachers in

grouping one dismissed first and teachers in grouping 4

dismissed last.

Within grouping one, the sequence of dismissal must be at

the discretion of the school district or joint agreement.

Within grouping 2, the sequence of dismissal must be based

upon average performance evaluation ratings, with the teacher

or teachers with the lowest average performance evaluation

rating dismissed first. A teacher's average performance

evaluation rating must be calculated using the average of the

teacher's last 2 performance evaluation ratings, if 2 ratings

are available, or the teacher's last performance evaluation

rating, if only one rating is available, using the following

numerical values: 4 for Excellent; 3 for Proficient or

Satisfactory; 2 for Needs Improvement; and 1 for

Unsatisfactory. As between or among teachers in grouping 2

with the same average performance evaluation rating and within

each of groupings 3 and 4, the teacher or teachers with the

shorter length of continuing service with the school district

or joint agreement must be dismissed first unless an

alternative method of determining the sequence of dismissal is

established in a collective bargaining agreement or contract

between the board and a professional faculty members'

organization.

Each board, including the governing board of a joint

agreement, shall, in consultation with any exclusive employee

representatives, each year establish a sequence of honorable

dismissal list categorized by positions and the groupings

defined in this subsection (b). Copies of the list showing

each teacher by name, along with the race or ethnicity of the

teacher if provided by the teacher, and categorized by

positions and the groupings defined in this subsection (b)

must be distributed to the exclusive bargaining representative

at least 75 days before the end of the school term, provided

that the school district or joint agreement may, with notice

to any exclusive employee representatives, move teachers from

grouping one into another grouping during the period of time

from 75 days until April 15. Each year, each board shall also

establish, in consultation with any exclusive employee

representatives, a list showing the length of continuing

service of each teacher who is qualified to hold any such

positions, unless an alternative method of determining a

sequence of dismissal is established as provided for in this

Section, in which case a list must be made in accordance with

the alternative method. Copies of the list must be distributed

to the exclusive employee representative at least 75 days

before the end of the school term.

Any teacher dismissed as a result of such decrease or

discontinuance must be paid all earned compensation on or

before the third business day following the last day of pupil

attendance in the regular school term.

If the board or joint agreement has any vacancies for the

following school term or within one calendar year from the

beginning of the following school term, the positions thereby

becoming available must be tendered to the teachers so removed

or dismissed who were in grouping 3 or 4 of the sequence of

dismissal and are qualified to hold the positions, based upon

legal qualifications and any other qualifications established

in a district or joint agreement job description, on or before

the May 10 prior to the date of the positions becoming

available, provided that if the number of honorable dismissal

notices based on economic necessity exceeds 15% of the number

of full-time equivalent positions filled by certified

employees (excluding principals and administrative personnel)

during the preceding school year, then the recall period is

for the following school term or within 2 calendar years from

the beginning of the following school term. If the board or

joint agreement has any vacancies within the period from the

beginning of the following school term through February 1 of

the following school term (unless a date later than February

1, but no later than 6 months from the beginning of the

following school term, is established in a collective

bargaining agreement), the positions thereby becoming

available must be tendered to the teachers so removed or

dismissed who were in grouping 2 of the sequence of dismissal

due to one "needs improvement" rating on either of the

teacher's last 2 performance evaluation ratings, provided

that, if 2 ratings are available, the other performance

evaluation rating used for grouping purposes is

"satisfactory", "proficient", or "excellent", and are

qualified to hold the positions, based upon legal

qualifications and any other qualifications established in a

district or joint agreement job description, on or before the

May 10 prior to the date of the positions becoming available.

On and after July 1, 2014 (the effective date of Public Act

98-648), the preceding sentence shall apply to teachers

removed or dismissed by honorable dismissal, even if notice of

honorable dismissal occurred during the 2013-2014 school year.

Among teachers eligible for recall pursuant to the preceding

sentence, the order of recall must be in inverse order of

dismissal, unless an alternative order of recall is

established in a collective bargaining agreement or contract

between the board and a professional faculty members'

organization. Whenever the number of honorable dismissal

notices based upon economic necessity exceeds 5 notices or

150% of the average number of teachers honorably dismissed in

the preceding 3 years, whichever is more, then the school

board or governing board of a joint agreement, as applicable,

shall also hold a public hearing on the question of the

dismissals. Following the hearing and board review, the action

to approve any such reduction shall require a majority vote of

the board members.

For purposes of this subsection (b), subject to agreement

on an alternative definition reached by the joint committee

described in subsection (c) of this Section, a teacher's

performance evaluation rating means the overall performance

evaluation rating resulting from an annual or biennial

performance evaluation conducted pursuant to Article 24A of

this Code by the school district or joint agreement

determining the sequence of dismissal, not including any

performance evaluation conducted during or at the end of a

remediation period. No more than one evaluation rating each

school term shall be one of the evaluation ratings used for the

purpose of determining the sequence of dismissal. Except as

otherwise provided in this subsection for any performance

evaluations conducted during or at the end of a remediation

period, if multiple performance evaluations are conducted in a

school term, only the rating from the last evaluation

conducted prior to establishing the sequence of honorable

dismissal list in such school term shall be the one evaluation

rating from that school term used for the purpose of

determining the sequence of dismissal. Averaging ratings from

multiple evaluations is not permitted unless otherwise agreed

to in a collective bargaining agreement or contract between

the board and a professional faculty members' organization.

The preceding 3 sentences are not a legislative declaration

that existing law does or does not already require that only

one performance evaluation each school term shall be used for

the purpose of determining the sequence of dismissal. For

performance evaluation ratings determined prior to September

1, 2012, any school district or joint agreement with a

performance evaluation rating system that does not use either

of the rating category systems specified in subsection (d) of

Section 24A-5 of this Code for all teachers must establish a

basis for assigning each teacher a rating that complies with

subsection (d) of Section 24A-5 of this Code for all of the

performance evaluation ratings that are to be used to

determine the sequence of dismissal. A teacher's grouping and

ranking on a sequence of honorable dismissal shall be deemed a

part of the teacher's performance evaluation, and that

information shall be disclosed to the exclusive bargaining

representative as part of a sequence of honorable dismissal

list, notwithstanding any laws prohibiting disclosure of such

information. A performance evaluation rating may be used to

determine the sequence of dismissal, notwithstanding the

pendency of any grievance resolution or arbitration procedures

relating to the performance evaluation. If a teacher has

received at least one performance evaluation rating conducted

by the school district or joint agreement determining the

sequence of dismissal and a subsequent performance evaluation

is not conducted in any school year in which such evaluation is

required to be conducted under Section 24A-5 of this Code, the

teacher's performance evaluation rating for that school year

for purposes of determining the sequence of dismissal is

deemed Proficient, except that, during any time 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, this default to Proficient does not

apply to any teacher who has entered into contractual

continued service and who was deemed Excellent on his or her

most recent evaluation. During any time 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 and unless the school board and any exclusive

bargaining representative have completed the performance

rating for teachers or have mutually agreed to an alternate

performance rating, any teacher who has entered into

contractual continued service, whose most recent evaluation

was deemed Excellent, and whose performance evaluation is not

conducted when the evaluation is required to be conducted

shall receive a teacher's performance rating deemed Excellent.

A school board and any exclusive bargaining representative may

mutually agree to an alternate performance rating for teachers

not in contractual continued service during any time 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, as long as the agreement is in writing.

If a performance evaluation rating is nullified as the result

of an arbitration, administrative agency, or court

determination, then the school district or joint agreement is

deemed to have conducted a performance evaluation for that

school year, but the performance evaluation rating may not be

used in determining the sequence of dismissal.

Nothing in this subsection (b) shall be construed as

limiting the right of a school board or governing board of a

joint agreement to dismiss a teacher not in contractual

continued service in accordance with Section 24-11 of this

Code.

Any provisions regarding the sequence of honorable

dismissals and recall of honorably dismissed teachers in a

collective bargaining agreement entered into on or before

January 1, 2011 and in effect on June 13, 2011 (the effective

date of Public Act 97-8) that may conflict with Public Act 97-8

shall remain in effect through the expiration of such

agreement or June 30, 2013, whichever is earlier.

(c) Each school district and special education joint

agreement must use a joint committee composed of equal

representation selected by the school board and its teachers

or, if applicable, the exclusive bargaining representative of

its teachers, to address the matters described in paragraphs

(1) through (5) of this subsection (c) pertaining to honorable

dismissals under subsection (b) of this Section.

(1) The joint committee must consider and may agree to

criteria for excluding from grouping 2 and placing into

grouping 3 a teacher whose last 2 performance evaluations

include a Needs Improvement and either a Proficient or

Excellent.

(2) The joint committee must consider and may agree to

an alternative definition for grouping 4, which definition

must take into account prior performance evaluation

ratings and may take into account other factors that

relate to the school district's or program's educational

objectives. An alternative definition for grouping 4 may

not permit the inclusion of a teacher in the grouping with

a Needs Improvement or Unsatisfactory performance

evaluation rating on either of the teacher's last 2

performance evaluation ratings.

(3) The joint committee may agree to including within

the definition of a performance evaluation rating a

performance evaluation rating administered by a school

district or joint agreement other than the school district

or joint agreement determining the sequence of dismissal.

(4) For each school district or joint agreement that

administers performance evaluation ratings that are

inconsistent with either of the rating category systems

specified in subsection (d) of Section 24A-5 of this Code,

the school district or joint agreement must consult with

the joint committee on the basis for assigning a rating

that complies with subsection (d) of Section 24A-5 of this

Code to each performance evaluation rating that will be

used in a sequence of dismissal.

(5) Upon request by a joint committee member submitted

to the employing board by no later than 10 days after the

distribution of the sequence of honorable dismissal list,

a representative of the employing board shall, within 5

days after the request, provide to members of the joint

committee a list showing the most recent and prior

performance evaluation ratings of each teacher identified

only by length of continuing service in the district or

joint agreement and not by name. If, after review of this

list, a member of the joint committee has a good faith

belief that a disproportionate number of teachers with

greater length of continuing service with the district or

joint agreement have received a recent performance

evaluation rating lower than the prior rating, the member

may request that the joint committee review the list to

assess whether such a trend may exist. Following the joint

committee's review, but by no later than the end of the

applicable school term, the joint committee or any member

or members of the joint committee may submit a report of

the review to the employing board and exclusive bargaining

representative, if any. Nothing in this paragraph (5)

shall impact the order of honorable dismissal or a school

district's or joint agreement's authority to carry out a

dismissal in accordance with subsection (b) of this

Section.

Agreement by the joint committee as to a matter requires

the majority vote of all committee members, and if the joint

committee does not reach agreement on a matter, then the

otherwise applicable requirements of subsection (b) of this

Section shall apply. Except as explicitly set forth in this

subsection (c), a joint committee has no authority to agree to

any further modifications to the requirements for honorable

dismissals set forth in subsection (b) of this Section. The

joint committee must be established, and the first meeting of

the joint committee each school year must occur on or before

December 1.

The joint committee must reach agreement on a matter on or

before February 1 of a school year in order for the agreement

of the joint committee to apply to the sequence of dismissal

determined during that school year. Subject to the February 1

deadline for agreements, the agreement of a joint committee on

a matter shall apply to the sequence of dismissal until the

agreement is amended or terminated by the joint committee.

The provisions of the Open Meetings Act shall not apply to

meetings of a joint committee created under this subsection

(c).

(d) Notwithstanding anything to the contrary in this

subsection (d), the requirements and dismissal procedures of

Section 24-16.5 of this Code shall apply to any dismissal

sought under Section 24-16.5 of this Code.

(1) If a dismissal of a teacher in contractual

continued service is sought for any reason or cause other

than an honorable dismissal under subsections (a) or (b)

of this Section or a dismissal sought under Section

24-16.5 of this Code, including those under Section

10-22.4, the board must first approve a motion containing

specific charges by a majority vote of all its members.

Written notice of such charges, including a bill of

particulars and the teacher's right to request a hearing,

must be mailed to the teacher and also given to the teacher

either by electronic mail, certified mail, return receipt

requested, or personal delivery with receipt within 5 days

of the adoption of the motion. Any written notice sent on

or after July 1, 2012 shall inform the teacher of the right

to request a hearing before a mutually selected hearing

officer, with the cost of the hearing officer split

equally between the teacher and the board, or a hearing

before a board-selected hearing officer, with the cost of

the hearing officer paid by the board.

Before setting a hearing on charges stemming from

causes that are considered remediable, a board must give

the teacher reasonable warning in writing, stating

specifically the causes that, if not removed, may result

in charges; however, no such written warning is required

if the causes have been the subject of a remediation plan

pursuant to Article 24A of this Code.

If, in the opinion of the board, the interests of the

school require it, the board may suspend the teacher

without pay, pending the hearing, but if the board's

dismissal or removal is not sustained, the teacher shall

not suffer the loss of any salary or benefits by reason of

the suspension.

(2) No hearing upon the charges is required unless the

teacher within 17 days after receiving notice requests in

writing of the board that a hearing be scheduled before a

mutually selected hearing officer or a hearing officer

selected by the board. The secretary of the school board

shall forward a copy of the notice to the State Board of

Education.

(3) Within 5 business days after receiving a notice of

hearing in which either notice to the teacher was sent

before July 1, 2012 or, if the notice was sent on or after

July 1, 2012, the teacher has requested a hearing before a

mutually selected hearing officer, the State Board of

Education shall provide a list of 5 prospective, impartial

hearing officers from the master list of qualified,

impartial hearing officers maintained by the State Board

of Education. Each person on the master list must (i) be

accredited by a national arbitration organization and have

had a minimum of 5 years of experience directly related to

labor and employment relations matters between employers

and employees or their exclusive bargaining

representatives and (ii) beginning September 1, 2012, have

participated in training provided or approved by the State

Board of Education for teacher dismissal hearing officers

so that he or she is familiar with issues generally

involved in evaluative and non-evaluative dismissals.

If notice to the teacher was sent before July 1, 2012

or, if the notice was sent on or after July 1, 2012, the

teacher has requested a hearing before a mutually selected

hearing officer, the board and the teacher or their legal

representatives within 3 business days shall alternately

strike one name from the list provided by the State Board

of Education until only one name remains. Unless waived by

the teacher, the teacher shall have the right to proceed

first with the striking. Within 3 business days of receipt

of the list provided by the State Board of Education, the

board and the teacher or their legal representatives shall

each have the right to reject all prospective hearing

officers named on the list and notify the State Board of

Education of such rejection. Within 3 business days after

receiving this notification, the State Board of Education

shall appoint a qualified person from the master list who

did not appear on the list sent to the parties to serve as

the hearing officer, unless the parties notify it that

they have chosen to alternatively select a hearing officer

under paragraph (4) of this subsection (d).

If the teacher has requested a hearing before a

hearing officer selected by the board, the board shall

select one name from the master list of qualified

impartial hearing officers maintained by the State Board

of Education within 3 business days after receipt and

shall notify the State Board of Education of its

selection.

A hearing officer mutually selected by the parties,

selected by the board, or selected through an alternative

selection process under paragraph (4) of this subsection

(d) (A) must not be a resident of the school district, (B)

must be available to commence the hearing within 75 days

and conclude the hearing within 120 days after being

selected as the hearing officer, and (C) must issue a

decision as to whether the teacher must be dismissed and

give a copy of that decision to both the teacher and the

board within 30 days from the conclusion of the hearing or

closure of the record, whichever is later.

Any hearing convened during a public health emergency

pursuant to Section 7 of the Illinois Emergency Management

Agency Act may be convened remotely. Any hearing officer

for a hearing convened during a public health emergency

pursuant to Section 7 of the Illinois Emergency Management

Agency Act may voluntarily withdraw from the hearing and

another hearing officer shall be selected or appointed

pursuant to this Section.

In this paragraph, "pre-hearing procedures" refers to

the pre-hearing procedures under Section 51.55 of Title 23

of the Illinois Administrative Code and "hearing" refers

to the hearing under Section 51.60 of Title 23 of the

Illinois Administrative Code. Any teacher who has been

charged with engaging in acts of corporal punishment,

physical abuse, grooming, or sexual misconduct and who

previously paused pre-hearing procedures or a hearing

pursuant to Public Act 101-643 must proceed with selection

of a hearing officer or hearing date, or both, within the

timeframes established by this paragraph (3) and

paragraphs (4) through (6) of this subsection (d), unless

the timeframes are mutually waived in writing by both

parties, and all timelines set forth in this Section in

cases concerning corporal punishment, physical abuse,

grooming, or sexual misconduct shall be reset to begin the

day after April 22, 2022 (the effective date of Public Act

102-708) this amendatory Act of the 102nd General

Assembly. Any teacher charged with engaging in acts of

corporal punishment, physical abuse, grooming, or sexual

misconduct on or after April 22, 2022 (the effective date

of Public Act 102-708) this amendatory Act of the 102nd

General Assembly may not pause pre-hearing procedures or a

hearing.

(4) In the alternative to selecting a hearing officer

from the list received from the State Board of Education

or accepting the appointment of a hearing officer by the

State Board of Education or if the State Board of

Education cannot provide a list or appoint a hearing

officer that meets the foregoing requirements, the board

and the teacher or their legal representatives may

mutually agree to select an impartial hearing officer who

is not on the master list either by direct appointment by

the parties or by using procedures for the appointment of

an arbitrator established by the Federal Mediation and

Conciliation Service or the American Arbitration

Association. The parties shall notify the State Board of

Education of their intent to select a hearing officer

using an alternative procedure within 3 business days of

receipt of a list of prospective hearing officers provided

by the State Board of Education, notice of appointment of

a hearing officer by the State Board of Education, or

receipt of notice from the State Board of Education that

it cannot provide a list that meets the foregoing

requirements, whichever is later.

(5) If the notice of dismissal was sent to the teacher

before July 1, 2012, the fees and costs for the hearing

officer must be paid by the State Board of Education. If

the notice of dismissal was sent to the teacher on or after

July 1, 2012, the hearing officer's fees and costs must be

paid as follows in this paragraph (5). The fees and

permissible costs for the hearing officer must be

determined by the State Board of Education. If the board

and the teacher or their legal representatives mutually

agree to select an impartial hearing officer who is not on

a list received from the State Board of Education, they

may agree to supplement the fees determined by the State

Board to the hearing officer, at a rate consistent with

the hearing officer's published professional fees. If the

hearing officer is mutually selected by the parties, then

the board and the teacher or their legal representatives

shall each pay 50% of the fees and costs and any

supplemental allowance to which they agree. If the hearing

officer is selected by the board, then the board shall pay

100% of the hearing officer's fees and costs. The fees and

costs must be paid to the hearing officer within 14 days

after the board and the teacher or their legal

representatives receive the hearing officer's decision set

forth in paragraph (7) of this subsection (d).

(6) The teacher is required to answer the bill of

particulars and aver affirmative matters in his or her

defense, and the time for initially doing so and the time

for updating such answer and defenses after pre-hearing

discovery must be set by the hearing officer. The State

Board of Education shall promulgate rules so that each

party has a fair opportunity to present its case and to

ensure that the dismissal process proceeds in a fair and

expeditious manner. These rules shall address, without

limitation, discovery and hearing scheduling conferences;

the teacher's initial answer and affirmative defenses to

the bill of particulars and the updating of that

information after pre-hearing discovery; provision for

written interrogatories and requests for production of

documents; the requirement that each party initially

disclose to the other party and then update the disclosure

no later than 10 calendar days prior to the commencement

of the hearing, the names and addresses of persons who may

be called as witnesses at the hearing, a summary of the

facts or opinions each witness will testify to, and all

other documents and materials, including information

maintained electronically, relevant to its own as well as

the other party's case (the hearing officer may exclude

witnesses and exhibits not identified and shared, except

those offered in rebuttal for which the party could not

reasonably have anticipated prior to the hearing);

pre-hearing discovery and preparation, including provision

for written interrogatories and requests for production of

documents, provided that discovery depositions are

prohibited; the conduct of the hearing; the right of each

party to be represented by counsel, the offer of evidence

and witnesses and the cross-examination of witnesses; the

authority of the hearing officer to issue subpoenas and

subpoenas duces tecum, provided that the hearing officer

may limit the number of witnesses to be subpoenaed on

behalf of each party to no more than 7; the length of

post-hearing briefs; and the form, length, and content of

hearing officers' decisions. The hearing officer shall

hold a hearing and render a final decision for dismissal

pursuant to Article 24A of this Code or shall report to the

school board findings of fact and a recommendation as to

whether or not the teacher must be dismissed for conduct.

The hearing officer shall commence the hearing within 75

days and conclude the hearing within 120 days after being

selected as the hearing officer, provided that the hearing

officer may modify these timelines upon the showing of

good cause or mutual agreement of the parties. Good cause

for the purpose of this subsection (d) shall mean the

illness or otherwise unavoidable emergency of the teacher,

district representative, their legal representatives, the

hearing officer, or an essential witness as indicated in

each party's pre-hearing submission. In a dismissal

hearing pursuant to Article 24A of this Code in which a

witness is a student or is under the age of 18, the hearing

officer must make accommodations for the witness, as

provided under paragraph (6.5) of this subsection. The

hearing officer shall consider and give weight to all of

the teacher's evaluations written pursuant to Article 24A

that are relevant to the issues in the hearing.

Each party shall have no more than 3 days to present

its case, unless extended by the hearing officer to enable

a party to present adequate evidence and testimony,

including due to the other party's cross-examination of

the party's witnesses, for good cause or by mutual

agreement of the parties. The State Board of Education

shall define in rules the meaning of "day" for such

purposes. All testimony at the hearing shall be taken

under oath administered by the hearing officer. The

hearing officer shall cause a record of the proceedings to

be kept and shall employ a competent reporter to take

stenographic or stenotype notes of all the testimony. The

costs of the reporter's attendance and services at the

hearing shall be paid by the party or parties who are

responsible for paying the fees and costs of the hearing

officer. Either party desiring a transcript of the hearing

shall pay for the cost thereof. Any post-hearing briefs

must be submitted by the parties by no later than 21 days

after a party's receipt of the transcript of the hearing,

unless extended by the hearing officer for good cause or

by mutual agreement of the parties.

(6.5) In the case of charges involving any witness who

is or was at the time of the alleged conduct a student or a

person under the age of 18, the hearing officer shall make

accommodations to protect a witness from being

intimidated, traumatized, or re-traumatized. No alleged

victim or other witness who is or was at the time of the

alleged conduct a student or under the age of 18 may be

compelled to testify in the physical or visual presence of

a teacher or other witness. If such a witness invokes this

right, then the hearing officer must provide an

accommodation consistent with the invoked right and use a

procedure by which each party may hear such witness's

witness' testimony. Accommodations may include, but are

not limited to: (i) testimony made via a telecommunication

device in a location other than the hearing room and

outside the physical or visual presence of the teacher and

other hearing participants, but accessible to the teacher

via a telecommunication device, (ii) testimony made in the

hearing room but outside the physical presence of the

teacher and accessible to the teacher via a

telecommunication device, (iii) non-public testimony, (iv)

testimony made via videoconference with the cameras and

microphones of the teacher turned off, or (v) pre-recorded

testimony, including, but not limited to, a recording of a

forensic interview conducted at an accredited Children's

Advocacy Center. With all accommodations, the hearing

officer shall give such testimony the same consideration

as if the witness testified without the accommodation. The

teacher may not directly, or through a representative,

question a witness called by the school board who is or was

a student or under 18 years of age at the time of the

alleged conduct. The hearing officer must permit the

teacher to submit all relevant questions and follow-up

questions for such a witness to have the questions posed

by the hearing officer. All questions must exclude

evidence of the witness' sexual behavior or

predisposition, unless the evidence is offered to prove

that someone other than the teacher subject to the

dismissal hearing engaged in the charge at issue.

(7) The hearing officer shall, within 30 days from the

conclusion of the hearing or closure of the record,

whichever is later, make a decision as to whether or not

the teacher shall be dismissed pursuant to Article 24A of

this Code or report to the school board findings of fact

and a recommendation as to whether or not the teacher

shall be dismissed for cause and shall give a copy of the

decision or findings of fact and recommendation to both

the teacher and the school board. If a hearing officer

fails without good cause, specifically provided in writing

to both parties and the State Board of Education, to

render a decision or findings of fact and recommendation

within 30 days after the hearing is concluded or the

record is closed, whichever is later, the parties may

mutually agree to select a hearing officer pursuant to the

alternative procedure, as provided in this Section, to

rehear the charges heard by the hearing officer who failed

to render a decision or findings of fact and

recommendation or to review the record and render a

decision. If any hearing officer fails without good cause,

specifically provided in writing to both parties and the

State Board of Education, to render a decision or findings

of fact and recommendation within 30 days after the

hearing is concluded or the record is closed, whichever is

later, or if any hearing officer fails to make an

accommodation as described in paragraph (6.5), the hearing

officer shall be removed from the master list of hearing

officers maintained by the State Board of Education for

not more than 24 months. The parties and the State Board of

Education may also take such other actions as it deems

appropriate, including recovering, reducing, or

withholding any fees paid or to be paid to the hearing

officer. If any hearing officer repeats such failure, he

or she must be permanently removed from the master list

maintained by the State Board of Education and may not be

selected by parties through the alternative selection

process under this paragraph (7) or paragraph (4) of this

subsection (d). The board shall not lose jurisdiction to

discharge a teacher if the hearing officer fails to render

a decision or findings of fact and recommendation within

the time specified in this Section. If the decision of the

hearing officer for dismissal pursuant to Article 24A of

this Code or of the school board for dismissal for cause is

in favor of the teacher, then the hearing officer or

school board shall order reinstatement to the same or

substantially equivalent position and shall determine the

amount for which the school board is liable, including,

but not limited to, loss of income and benefits.

(8) The school board, within 45 days after receipt of

the hearing officer's findings of fact and recommendation

as to whether (i) the conduct at issue occurred, (ii) the

conduct that did occur was remediable, and (iii) the

proposed dismissal should be sustained, shall issue a

written order as to whether the teacher must be retained

or dismissed for cause from its employ. The school board's

written order shall incorporate the hearing officer's

findings of fact, except that the school board may modify

or supplement the findings of fact if, in its opinion, the

findings of fact are against the manifest weight of the

evidence.

If the school board dismisses the teacher

notwithstanding the hearing officer's findings of fact and

recommendation, the school board shall make a conclusion

in its written order, giving its reasons therefor, and

such conclusion and reasons must be included in its

written order. The failure of the school board to strictly

adhere to the timelines contained in this Section shall

not render it without jurisdiction to dismiss the teacher.

The school board shall not lose jurisdiction to discharge

the teacher for cause if the hearing officer fails to

render a recommendation within the time specified in this

Section. The decision of the school board is final, unless

reviewed as provided in paragraph (9) of this subsection

(d).

If the school board retains the teacher, the school

board shall enter a written order stating the amount of

back pay and lost benefits, less mitigation, to be paid to

the teacher, within 45 days after its retention order.

Should the teacher object to the amount of the back pay and

lost benefits or amount mitigated, the teacher shall give

written objections to the amount within 21 days. If the

parties fail to reach resolution within 7 days, the

dispute shall be referred to the hearing officer, who

shall consider the school board's written order and

teacher's written objection and determine the amount to

which the school board is liable. The costs of the hearing

officer's review and determination must be paid by the

board.

(9) The decision of the hearing officer pursuant to

Article 24A of this Code or of the school board's decision

to dismiss for cause is final unless reviewed as provided

in Section 24-16 of this Code. If the school board's

decision to dismiss for cause is contrary to the hearing

officer's recommendation, the court on review shall give

consideration to the school board's decision and its

supplemental findings of fact, if applicable, and the

hearing officer's findings of fact and recommendation in

making its decision. In the event such review is

instituted, the school board shall be responsible for

preparing and filing the record of proceedings, and such

costs associated therewith must be divided equally between

the parties.

(10) If a decision of the hearing officer for

dismissal pursuant to Article 24A of this Code or of the

school board for dismissal for cause is adjudicated upon

review or appeal in favor of the teacher, then the trial

court shall order reinstatement and shall remand the

matter to the school board with direction for entry of an

order setting the amount of back pay, lost benefits, and

costs, less mitigation. The teacher may challenge the

school board's order setting the amount of back pay, lost

benefits, and costs, less mitigation, through an expedited

arbitration procedure, with the costs of the arbitrator

borne by the school board.

Any teacher who is reinstated by any hearing or

adjudication brought under this Section shall be assigned

by the board to a position substantially similar to the

one which that teacher held prior to that teacher's

suspension or dismissal.

(11) Subject to any later effective date referenced in

this Section for a specific aspect of the dismissal

process, the changes made by Public Act 97-8 shall apply

to dismissals instituted on or after September 1, 2011.

Any dismissal instituted prior to September 1, 2011 must

be carried out in accordance with the requirements of this

Section prior to amendment by Public Act 97-8.

(e) 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. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24;

103-398, eff. 1-1-24; 103-500, eff. 8-4-23; revised 8-30-23.)

(105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)

Sec. 24A-5. Content of evaluation plans. This Section

does not apply to teachers assigned to schools identified in

an agreement entered into between the board of a school

district operating under Article 34 of this Code and the

exclusive representative of the district's teachers in

accordance with Section 34-85c of this Code.

Each school district to which this Article applies shall

establish a teacher evaluation plan which ensures that each

teacher in contractual continued service is evaluated at least

once in the course of every 2 or 3 school years as provided in

this Section.

Each school district shall establish a teacher evaluation

plan that ensures that:

(1) each teacher not in contractual continued service

is evaluated at least once every school year; and

(2) except as otherwise provided in this Section, each

teacher in contractual continued service is evaluated at

least once in the course of every 2 school years. However,

any teacher in contractual continued service whose

performance is rated as either "needs improvement" or

"unsatisfactory" must be evaluated at least once in the

school year following the receipt of such rating.

No later than September 1, 2022, each school district must

establish a teacher evaluation plan that ensures that each

teacher in contractual continued service whose performance is

rated as either "excellent" or "proficient" is evaluated at

least once in the course of the 3 school years after receipt of

the rating and implement an informal teacher observation plan

established by agency rule and by agreement of the joint

committee established under subsection (b) of Section 24A-4 of

this Code that ensures that each teacher in contractual

continued service whose performance is rated as either

"excellent" or "proficient" is informally observed at least

once in the course of the 2 school years after receipt of the

rating.

For the 2022-2023 school year only, if the Governor has

declared a disaster due to a public health emergency pursuant

to Section 7 of the Illinois Emergency Management Agency Act,

a school district may waive the evaluation requirement of all

teachers in contractual continued service whose performances

were rated as either "excellent" or "proficient" during the

last school year in which the teachers were evaluated under

this Section.

Notwithstanding anything to the contrary in this Section

or any other Section of this Code, a principal shall not be

prohibited from evaluating any teachers within a school during

his or her first year as principal of such school. If a

first-year principal exercises this option in a school

district where the evaluation plan provides for a teacher in

contractual continued service to be evaluated once in the

course of every 2 or 3 school years, as applicable, then a new

2-year or 3-year evaluation plan must be established.

The evaluation plan shall comply with the requirements of

this Section and of any rules adopted by the State Board of

Education pursuant to this Section.

The plan shall include a description of each teacher's

duties and responsibilities and of the standards to which that

teacher is expected to conform, and shall include at least the

following components:

(a) personal observation of the teacher in the

classroom by the evaluator, unless the teacher has no

classroom duties.

(b) consideration of the teacher's attendance,

planning, instructional methods, classroom management,

where relevant, and competency in the subject matter

taught.

(c) by no later than the applicable implementation

date, consideration of student growth as a significant

factor in the rating of the teacher's performance.

(d) prior to September 1, 2012, rating of the

performance of teachers in contractual continued service

as either:

(i) "excellent", "satisfactory" or

"unsatisfactory"; or

(ii) "excellent", "proficient", "needs

improvement" or "unsatisfactory".

(e) on and after September 1, 2012, rating of the

performance of all teachers as "excellent", "proficient",

"needs improvement" or "unsatisfactory".

(f) specification as to the teacher's strengths and

weaknesses, with supporting reasons for the comments made.

(g) inclusion of a copy of the evaluation in the

teacher's personnel file and provision of a copy to the

teacher.

(h) within 30 school days after the completion of an

evaluation rating a teacher in contractual continued

service as "needs improvement", development by the

evaluator, in consultation with the teacher, and taking

into account the teacher's on-going professional

responsibilities including his or her regular teaching

assignments, of a professional development plan directed

to the areas that need improvement and any supports that

the district will provide to address the areas identified

as needing improvement.

(i) within 30 school days after completion of an

evaluation rating a teacher in contractual continued

service as "unsatisfactory", development and commencement

by the district of a remediation plan designed to correct

deficiencies cited, provided the deficiencies are deemed

remediable. In all school districts the remediation plan

for unsatisfactory, tenured teachers shall provide for 90

school days of remediation within the classroom, unless an

applicable collective bargaining agreement provides for a

shorter duration. In all school districts evaluations

issued pursuant to this Section shall be issued within 10

days after the conclusion of the respective remediation

plan. However, the school board or other governing

authority of the district shall not lose jurisdiction to

discharge a teacher in the event the evaluation is not

issued within 10 days after the conclusion of the

respective remediation plan.

(j) participation in the remediation plan by the

teacher in contractual continued service rated

"unsatisfactory", an evaluator and a consulting teacher

selected by the evaluator of the teacher who was rated

"unsatisfactory", which consulting teacher is an

educational employee as defined in the Illinois

Educational Labor Relations Act, has at least 5 years'

teaching experience, and a reasonable familiarity with the

assignment of the teacher being evaluated, and who

received an "excellent" rating on his or her most recent

evaluation. Where no teachers who meet these criteria are

available within the district, the district shall request

and the applicable regional office of education shall

supply, to participate in the remediation process, an

individual who meets these criteria.

In a district having a population of less than 500,000

with an exclusive bargaining agent, the bargaining agent

may, if it so chooses, supply a roster of qualified

teachers from whom the consulting teacher is to be

selected. That roster shall, however, contain the names of

at least 5 teachers, each of whom meets the criteria for

consulting teacher with regard to the teacher being

evaluated, or the names of all teachers so qualified if

that number is less than 5. In the event of a dispute as to

qualification, the State Board shall determine

qualification.

(k) a mid-point and final evaluation by an evaluator

during and at the end of the remediation period,

immediately following receipt of a remediation plan

provided for under subsections (i) and (j) of this

Section. Each evaluation shall assess the teacher's

performance during the time period since the prior

evaluation; provided that the last evaluation shall also

include an overall evaluation of the teacher's performance

during the remediation period. A written copy of the

evaluations and ratings, in which any deficiencies in

performance and recommendations for correction are

identified, shall be provided to and discussed with the

teacher within 10 school days after the date of the

evaluation, unless an applicable collective bargaining

agreement provides to the contrary. These subsequent

evaluations shall be conducted by an evaluator. The

consulting teacher shall provide advice to the teacher

rated "unsatisfactory" on how to improve teaching skills

and to successfully complete the remediation plan. The

consulting teacher shall participate in developing the

remediation plan, but the final decision as to the

evaluation shall be done solely by the evaluator, unless

an applicable collective bargaining agreement provides to

the contrary. Evaluations at the conclusion of the

remediation process shall be separate and distinct from

the required annual evaluations of teachers and shall not

be subject to the guidelines and procedures relating to

those annual evaluations. The evaluator may but is not

required to use the forms provided for the annual

evaluation of teachers in the district's evaluation plan.

(l) reinstatement to the evaluation schedule set forth

in the district's evaluation plan for any teacher in

contractual continued service who achieves a rating equal

to or better than "satisfactory" or "proficient" in the

school year following a rating of "needs improvement" or

"unsatisfactory".

(m) dismissal in accordance with subsection (d) of

Section 24-12 or Section 24-16.5 or 34-85 of this Code of

any teacher who fails to complete any applicable

remediation plan with a rating equal to or better than a

"satisfactory" or "proficient" rating. Districts and

teachers subject to dismissal hearings are precluded from

compelling the testimony of consulting teachers at such

hearings under subsection (d) of Section 24-12 or Section

24-16.5 or 34-85 of this Code, either as to the rating

process or for opinions of performances by teachers under

remediation.

(n) After the implementation date of an evaluation

system for teachers in a district as specified in Section

24A-2.5 of this Code, if a teacher in contractual

continued service successfully completes a remediation

plan following a rating of "unsatisfactory" in an overall

performance evaluation received after the foregoing

implementation date and receives a subsequent rating of

"unsatisfactory" in any of the teacher's overall

performance evaluation ratings received during the

36-month period following the teacher's completion of the

remediation plan, then the school district may forgo

forego remediation and seek dismissal in accordance with

subsection (d) of Section 24-12 or Section 34-85 of this

Code.

(o) Teachers who are due to be evaluated in the last

year before they are set to retire shall be offered the

opportunity to waive their evaluation and to retain their

most recent rating, unless the teacher was last rated as

"needs improvement" or "unsatisfactory". The school

district may still reserve the right to evaluate a teacher

provided the district gives notice to the teacher at least

14 days before the evaluation and a reason for evaluating

the teacher.

Nothing in this Section or Section 24A-4 shall be

construed as preventing immediate dismissal of a teacher for

deficiencies which are deemed irremediable or for actions

which are injurious to or endanger the health or person of

students in the classroom or school, or preventing the

dismissal or non-renewal of teachers not in contractual

continued service for any reason not prohibited by applicable

employment, labor, and civil rights laws. Failure to strictly

comply with the time requirements contained in Section 24A-5

shall not invalidate the results of the remediation plan.

Nothing contained in Public Act 98-648 this amendatory Act

of the 98th General Assembly repeals, supersedes, invalidates,

or nullifies final decisions in lawsuits pending on July 1,

2014 (the effective date of Public Act 98-648) this amendatory

Act of the 98th General Assembly in Illinois courts involving

the interpretation of Public Act 97-8.

If the Governor has declared a disaster due to a public

health emergency pursuant to Section 7 of the Illinois

Emergency Management Agency Act that suspends in-person

instruction, the timelines in this Section connected to the

commencement and completion of any remediation plan are

waived. Except if the parties mutually agree otherwise and the

agreement is in writing, any remediation plan that had been in

place for more than 45 days prior to the suspension of

in-person instruction shall resume when in-person instruction

resumes and any remediation plan that had been in place for

fewer than 45 days prior to the suspension of in-person

instruction shall be discontinued and a new remediation period

shall begin when in-person instruction resumes. The

requirements of this paragraph apply regardless of whether

they are included in a school district's teacher evaluation

plan.

(Source: P.A. 102-252, eff. 1-1-22; 102-729, eff. 5-6-22;

103-85, eff. 6-9-23; revised 9-20-23.)

(105 ILCS 5/26A-40)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 26A-40. Support and services.

(a) To facilitate the full participation of students who

are parents, expectant parents, or victims of domestic or

sexual violence, each school district must provide those

students with in-school support services and information

regarding nonschool-based support services, and the ability to

make up work missed on account of circumstances related to the

student's status as a parent, expectant parent, or victim of

domestic or sexual violence. Victims of domestic or sexual

violence must have access to those supports and services

regardless of when or where the violence for which they are

seeking supports and services occurred. All supports and

services must be offered for as long as necessary to maintain

the mental and physical well-being and safety of the student.

Schools may periodically check on students receiving supports

and services to determine whether each support and service

continues to be necessary to maintain the mental and physical

well-being and safety of the student or whether termination is

appropriate.

(b) Supports provided under subsection (a) shall include,

but are not limited to (i) the provision of sufficiently

private settings to ensure confidentiality and time off from

class for meetings with counselors or other service providers,

(ii) assisting the student with a student success plan, (iii)

transferring a victim of domestic or sexual violence or the

student perpetrator to a different classroom or school, if

available, (iv) changing a seating assignment, (v)

implementing in-school, school grounds, and bus safety

procedures, (vi) honoring court orders, including orders of

protection and no-contact orders to the fullest extent

possible, and (vii) providing any other supports that may

facilitate the full participation in the regular education

program of students who are parents, expectant parents, or

victims of domestic or sexual violence.

(c) If a student who is a parent, expectant parent, or

victim of domestic or sexual violence is a student at risk of

academic failure or displays poor academic performance, the

student or the student's parent or guardian may request that

the school district provide the student with or refer the

student to education and support services designed to assist

the student in meeting State learning standards. A school

district may either provide education or support services

directly or may collaborate with public or private State,

local, or community-based organizations or agencies that

provide these services. A school district must also inform

those students about support services of nonschool-based

organizations and agencies from which those students typically

receive services in the community.

(d) Any student who is unable, because of circumstances

related to the student's status as a parent, expectant parent,

or victim of domestic or sexual violence, to participate in

classes on a particular day or days or at the particular time

of day must be excused in accordance with the procedures set

forth in this Code. Upon student or parent or guardian's

request, the teachers and of the school administrative

personnel and officials shall make available to each student

who is unable to participate because of circumstances related

to the student's status as a parent, expectant parent, or

victim of domestic or sexual violence a meaningful opportunity

to make up any examination, study, or work requirement that

the student has missed because of the inability to participate

on any particular day or days or at any particular time of day.

For a student receiving homebound instruction, it is the

responsibility of the student and parent to work with the

school or school district to meet academic standards for

matriculation, as defined by school district policy. Costs

assessed by the school district on the student for

participation in those activities shall be considered waivable

fees for any student whose parent or guardian is unable to

afford them, consistent with Section 10-20.13. Each school

district must adopt written policies for waiver of those fees

in accordance with rules adopted by the State Board of

Education.

(e) If a school or school district employee or agent

becomes aware of or suspects a student's status as a parent,

expectant parent, or victim of domestic or sexual violence, it

is the responsibility of the employee or agent of the school or

school district to refer the student to the school district's

domestic or sexual violence and parenting resource personnel

set forth in Section 26A-35. A school district must make

respecting a student's privacy, confidentiality, mental and

physical health, and safety a paramount concern.

(f) Each school must honor a student's and a parent's or

guardian's decision to obtain education and support services

and nonschool-based support services, to terminate the receipt

of those education and support services, or nonschool-based

support services, or to decline participation in those

education and support services, or nonschool-based support

services. No student is obligated to use education and support

services, or nonschool-based support services. In developing

educational support services, the privacy, mental and physical

health, and safety of the student shall be of paramount

concern. No adverse or prejudicial effects may result to any

student because of the student's availing of or declining the

provisions of this Section as long as the student is working

with the school to meet academic standards for matriculation

as defined by school district policy.

(g) Any support services must be available in any school

or by home or hospital instruction to the highest quality and

fullest extent possible for the individual setting.

(h) School-based counseling services, if available, must

be offered to students who are parents, expectant parents, or

victims of domestic or sexual violence consistent with the

Mental Health and Developmental Disabilities Code. At least

once every school year, each school district must inform, in

writing, all school personnel and all students 12 years of age

or older of the availability of counseling without parental or

guardian consent under Section 3-5A-105 (to be renumbered as

Section 3-550 in a revisory bill as of the effective date of

this amendatory Act of the 102nd General Assembly) of the

Mental Health and Developmental Disabilities Code. This

information must also be provided to students immediately

after any school personnel becomes aware that a student is a

parent, expectant parent, or victim of domestic or sexual

violence.

(i) All domestic or sexual violence organizations and

their staff and any other nonschool organization and its staff

shall maintain confidentiality under federal and State laws

and their professional ethics policies regardless of when or

where information, advice, counseling, or any other

interaction with students takes place. A school or school

district may not request or require those organizations or

individuals to breach confidentiality.

(Source: P.A. 102-466, eff. 7-1-25; revised 4-3-23.)

(105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1)

Sec. 27-23.1. Parenting education.

(a) The State Board of Education must assist each school

district that offers an evidence-based parenting education

model. School districts may provide instruction in parenting

education for grades 6 through 12 and include such instruction

in the courses of study regularly taught therein. School

districts may give regular school credit for satisfactory

completion by the student of such courses.

As used in this subsection (a), "parenting education"

means and includes instruction in the following:

(1) Child growth and development, including prenatal

development.

(2) Childbirth and child care.

(3) Family structure, function, and management.

(4) Prenatal and postnatal care for mothers and

infants.

(5) Prevention of child abuse.

(6) The physical, mental, emotional, social, economic,

and psychological aspects of interpersonal and family

relationships.

(7) Parenting skill development.

The State Board of Education shall assist those districts

offering parenting education instruction, upon request, in

developing instructional materials, training teachers, and

establishing appropriate time allotments for each of the areas

included in such instruction.

School districts may offer parenting education courses

during that period of the day which is not part of the regular

school day. Residents of the school district may enroll in

such courses. The school board may establish fees and collect

such charges as may be necessary for attendance at such

courses in an amount not to exceed the per capita cost of the

operation thereof, except that the board may waive all or part

of such charges if it determines that the individual is

indigent or that the educational needs of the individual

requires his or her attendance at such courses.

(b) Beginning with the 2019-2020 school year, from

appropriations made for the purposes of this Section, the

State Board of Education shall implement and administer a

7-year pilot program supporting the health and wellness

student-learning requirement by utilizing a unit of

instruction on parenting education in participating school

districts that maintain grades 9 through 12, to be determined

by the participating school districts. The program is

encouraged to include, but is not be limited to, instruction

on (i) family structure, function, and management, (ii) the

prevention of child abuse, (iii) the physical, mental,

emotional, social, economic, and psychological aspects of

interpersonal and family relationships, and (iv) parenting

education competency development that is aligned to the social

and emotional learning standards of the student's grade level.

Instruction under this subsection (b) may be included in the

Comprehensive Health Education Program set forth under Section

3 of the Critical Health Problems and Comprehensive Health

Education Act. The State Board of Education is authorized to

make grants to school districts that apply to participate in

the pilot program under this subsection (b). The provisions of

this subsection (b), other than this sentence, are inoperative

at the conclusion of the pilot program.

(Source: P.A. 103-8, eff. 6-7-23; 103-175, eff. 6-30-23;

revised 9-5-23.)

(105 ILCS 5/27A-3)

Sec. 27A-3. Definitions. For purposes of this Article:

"At-risk pupil" means a pupil who, because of physical,

emotional, socioeconomic, or cultural factors, is less likely

to succeed in a conventional educational environment.

"Authorizer" means an entity authorized under this Article

to review applications, decide whether to approve or reject

applications, enter into charter contracts with applicants,

oversee charter schools, and decide whether to renew, not

renew, or revoke a charter.

"Local school board" means the duly elected or appointed

school board or board of education of a public school

district, including special charter districts and school

districts located in cities having a population of more than

500,000, organized under the laws of this State.

"State Board" means the State Board of Education.

"Union neutrality clause" means a provision whereby a

charter school agrees: (1) to be neutral regarding the

unionization of any of its employees, such that the charter

school will not at any time express a position on the matter of

whether its employees will be unionized and such that the

charter school will not threaten, intimidate, discriminate

against, retaliate against, or take any adverse action against

any employees based on their decision to support or oppose

union representation; (2) to provide any bona fide labor

organization access at reasonable times to areas in which the

charter school's employees work for the purpose of meeting

with employees to discuss their right to representation,

employment rights under the law, and terms and conditions of

employment; and (3) that union recognition shall be through a

majority card check verified by a neutral third-party

arbitrator mutually selected by the charter school and the

bona fide labor organization through alternate striking from a

panel of arbitrators provided by the Federal Mediation and

Conciliation Service. As used in this definition, "bona fide

labor organization" means a labor organization recognized

under the National Labor Relations Act or the Illinois

Educational Labor Relations Act. As used in this definition,

"employees" means non-represented, non-management, and

non-confidential employees of a charter school.

(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;

revised 9-5-23.)

(105 ILCS 5/27A-5)

(Text of Section before amendment by P.A. 102-466 and

103-472)

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. 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. This limitation

does not apply to charter schools existing or approved on or

before April 16, 2003.

(b-5) (Blank).

(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. 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 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.

(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. The State Board shall

promulgate and post on its Internet website a list of

non-curricular health and safety requirements that a charter

school must meet. The list shall be updated annually no later

than September 1. Any charter contract between a charter

school and its authorizer must contain a provision that

requires the charter school to follow the list of all

non-curricular health and safety requirements promulgated by

the State Board and any non-curricular health and safety

requirements added by the State Board to such list during the

term of the charter. Nothing in this subsection (d) precludes

an authorizer from including non-curricular health and safety

requirements in a charter school contract that are not

contained in the list promulgated by the State Board,

including non-curricular health and safety requirements of the

authorizing local school board.

(e) Except as otherwise provided in the School Code, a

charter school shall not charge tuition; provided that a

charter school may charge reasonable fees for textbooks,

instructional materials, and student activities.

(f) A charter school shall be responsible for the

management and operation of its fiscal affairs, including, but

not limited to, the preparation of its budget. An audit of each

charter school's finances shall be conducted annually by an

outside, independent contractor retained by the charter

school. The contractor shall not be an employee of the charter

school or affiliated with the charter school or its authorizer

in any way, other than to audit the charter school's finances.

To ensure financial accountability for the use of public

funds, on or before December 1 of every year of operation, each

charter school shall submit to its authorizer and the State

Board a copy of its audit and a copy of the Form 990 the

charter school filed that year with the federal Internal

Revenue Service. In addition, if deemed necessary for proper

financial oversight of the charter school, an authorizer may

require quarterly financial statements from each charter

school.

(g) A charter school shall comply with all provisions of

this Article, the Illinois Educational Labor Relations Act,

all federal and State laws and rules applicable to public

schools that pertain to special education and the instruction

of English learners, and its charter. A charter school is

exempt from all other State laws and regulations in this Code

governing public schools and local school board policies;

however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code

regarding criminal history records checks and checks of

the Statewide Sex Offender Database and Statewide Murderer

and Violent Offender Against Youth Database of applicants

for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees

Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit

Corporation Act of 1986 regarding indemnification of

officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and

subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school

report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying

prevention;

(10) Section 2-3.162 of this Code regarding student

discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code;

(14) Sections 22-90 and 26-18 of this Code;

(15) Section 22-30 of this Code;

(16) Sections 24-12 and 34-85 of this Code;

(17) the Seizure Smart School Act;

(18) Section 2-3.64a-10 of this Code;

(19) Sections 10-20.73 and 34-21.9 of this Code;

(20) Section 10-22.25b of this Code;

(21) Section 27-9.1a of this Code;

(22) Section 27-9.1b of this Code;

(23) Section 34-18.8 of this Code;

(25) Section 2-3.188 of this Code;

(26) Section 22-85.5 of this Code;

(27) subsections (d-10), (d-15), and (d-20) of Section

10-20.56 of this Code;

(28) Sections 10-20.83 and 34-18.78 of this Code;

(29) Section 10-20.13 of this Code;

(30) Section 28-19.2 of this Code;

(31) Section 34-21.6 of this Code; and

(32) Section 22-85.10 of this Code.

The change made by Public Act 96-104 to this subsection

(g) is declaratory of existing law.

(h) A charter school may negotiate and contract with a

school district, the governing body of a State college or

university or public community college, or any other public or

for-profit or nonprofit private entity for: (i) the use of a

school building and grounds or any other real property or

facilities that the charter school desires to use or convert

for use as a charter school site, (ii) the operation and

maintenance thereof, and (iii) the provision of any service,

activity, or undertaking that the charter school is required

to perform in order to carry out the terms of its charter.

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 authorized by the State

Board, then the charter school is its own local education

agency.

(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;

102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.

8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;

102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.

1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,

eff. 6-30-23.)

(Text of Section after amendment by P.A. 103-472 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. 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. This limitation

does not apply to charter schools existing or approved on or

before April 16, 2003.

(b-5) (Blank).

(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. 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 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.

(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. The State Board shall

promulgate and post on its Internet website a list of

non-curricular health and safety requirements that a charter

school must meet. The list shall be updated annually no later

than September 1. Any charter contract between a charter

school and its authorizer must contain a provision that

requires the charter school to follow the list of all

non-curricular health and safety requirements promulgated by

the State Board and any non-curricular health and safety

requirements added by the State Board to such list during the

term of the charter. Nothing in this subsection (d) precludes

an authorizer from including non-curricular health and safety

requirements in a charter school contract that are not

contained in the list promulgated by the State Board,

including non-curricular health and safety requirements of the

authorizing local school board.

(e) Except as otherwise provided in the School Code, a

charter school shall not charge tuition; provided that a

charter school may charge reasonable fees for textbooks,

instructional materials, and student activities.

(f) A charter school shall be responsible for the

management and operation of its fiscal affairs, including, but

not limited to, the preparation of its budget. An audit of each

charter school's finances shall be conducted annually by an

outside, independent contractor retained by the charter

school. The contractor shall not be an employee of the charter

school or affiliated with the charter school or its authorizer

in any way, other than to audit the charter school's finances.

To ensure financial accountability for the use of public

funds, on or before December 1 of every year of operation, each

charter school shall submit to its authorizer and the State

Board a copy of its audit and a copy of the Form 990 the

charter school filed that year with the federal Internal

Revenue Service. In addition, if deemed necessary for proper

financial oversight of the charter school, an authorizer may

require quarterly financial statements from each charter

school.

(g) A charter school shall comply with all provisions of

this Article, the Illinois Educational Labor Relations Act,

all federal and State laws and rules applicable to public

schools that pertain to special education and the instruction

of English learners, and its charter. A charter school is

exempt from all other State laws and regulations in this Code

governing public schools and local school board policies;

however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code

regarding criminal history records checks and checks of

the Statewide Sex Offender Database and Statewide Murderer

and Violent Offender Against Youth Database of applicants

for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees

Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit

Corporation Act of 1986 regarding indemnification of

officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and

subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school

report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying

prevention;

(10) Section 2-3.162 of this Code regarding student

discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code;

(14) Sections 22-90 and 26-18 of this Code;

(15) Section 22-30 of this Code;

(16) Sections 24-12 and 34-85 of this Code;

(17) the Seizure Smart School Act;

(18) Section 2-3.64a-10 of this Code;

(19) Sections 10-20.73 and 34-21.9 of this Code;

(20) Section 10-22.25b of this Code;

(21) Section 27-9.1a of this Code;

(22) Section 27-9.1b of this Code;

(23) Section 34-18.8 of this Code;

(25) Section 2-3.188 of this Code;

(26) Section 22-85.5 of this Code;

(27) subsections (d-10), (d-15), and (d-20) of Section

10-20.56 of this Code;

(28) Sections 10-20.83 and 34-18.78 of this Code;

(29) Section 10-20.13 of this Code;

(30) Section 28-19.2 of this Code;

(31) Section 34-21.6 of this Code; and

(32) Section 22-85.10 of this Code;

(33) Section 2-3.196 of this Code;

(34) Section 22-95 of this Code;

(35) Section 34-18.62 of this Code; and

(36) the Illinois Human Rights Act.

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.

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 authorized by the State

Board, then the charter school is its own local education

agency.

(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;

102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.

8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;

102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.

1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,

eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)

(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. 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. This limitation

does not apply to charter schools existing or approved on or

before April 16, 2003.

(b-5) (Blank).

(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. 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 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.

(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. The State Board shall

promulgate and post on its Internet website a list of

non-curricular health and safety requirements that a charter

school must meet. The list shall be updated annually no later

than September 1. Any charter contract between a charter

school and its authorizer must contain a provision that

requires the charter school to follow the list of all

non-curricular health and safety requirements promulgated by

the State Board and any non-curricular health and safety

requirements added by the State Board to such list during the

term of the charter. Nothing in this subsection (d) precludes

an authorizer from including non-curricular health and safety

requirements in a charter school contract that are not

contained in the list promulgated by the State Board,

including non-curricular health and safety requirements of the

authorizing local school board.

(e) Except as otherwise provided in the School Code, a

charter school shall not charge tuition; provided that a

charter school may charge reasonable fees for textbooks,

instructional materials, and student activities.

(f) A charter school shall be responsible for the

management and operation of its fiscal affairs, including, but

not limited to, the preparation of its budget. An audit of each

charter school's finances shall be conducted annually by an

outside, independent contractor retained by the charter

school. The contractor shall not be an employee of the charter

school or affiliated with the charter school or its authorizer

in any way, other than to audit the charter school's finances.

To ensure financial accountability for the use of public

funds, on or before December 1 of every year of operation, each

charter school shall submit to its authorizer and the State

Board a copy of its audit and a copy of the Form 990 the

charter school filed that year with the federal Internal

Revenue Service. In addition, if deemed necessary for proper

financial oversight of the charter school, an authorizer may

require quarterly financial statements from each charter

school.

(g) A charter school shall comply with all provisions of

this Article, the Illinois Educational Labor Relations Act,

all federal and State laws and rules applicable to public

schools that pertain to special education and the instruction

of English learners, and its charter. A charter school is

exempt from all other State laws and regulations in this Code

governing public schools and local school board policies;

however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code

regarding criminal history records checks and checks of

the Statewide Sex Offender Database and Statewide Murderer

and Violent Offender Against Youth Database of applicants

for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees

Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit

Corporation Act of 1986 regarding indemnification of

officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and

subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school

report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying

prevention;

(10) Section 2-3.162 of this Code regarding student

discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code;

(14) Sections 22-90 and 26-18 of this Code;

(15) Section 22-30 of this Code;

(16) Sections 24-12 and 34-85 of this Code;

(17) the Seizure Smart School Act;

(18) Section 2-3.64a-10 of this Code;

(19) Sections 10-20.73 and 34-21.9 of this Code;

(20) Section 10-22.25b of this Code;

(21) Section 27-9.1a of this Code;

(22) Section 27-9.1b of this Code;

(23) Section 34-18.8 of this Code;

(24) Article 26A of this Code;

(25) Section 2-3.188 of this Code;

(26) Section 22-85.5 of this Code;

(27) subsections (d-10), (d-15), and (d-20) of Section

10-20.56 of this Code;

(28) Sections 10-20.83 and 34-18.78 of this Code;

(29) Section 10-20.13 of this Code;

(30) Section 28-19.2 of this Code;

(31) Section 34-21.6 of this Code; and

(32) Section 22-85.10 of this Code;

(33) Section 2-3.196 of this Code;

(34) Section 22-95 of this Code;

(35) Section 34-18.62 of this Code; and

(36) the Illinois Human Rights Act.

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.

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 authorized by the State

Board, then the charter school is its own local education

agency.

(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;

102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.

7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,

eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;

102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.

6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised

8-31-23.)

(105 ILCS 5/27A-6)

Sec. 27A-6. Contract contents; applicability of laws and

regulations.

(a) A certified charter shall constitute a binding

contract and agreement between the charter school and a local

school board under the terms of which the local school board

authorizes the governing body of the charter school to operate

the charter school on the terms specified in the contract.

(b) Notwithstanding any other provision of this Article,

the certified charter may not waive or release the charter

school from the State goals, standards, and assessments

established pursuant to Section 2-3.64a-5 of this Code. The

certified charter for a charter school operating in a city

having a population exceeding 500,000 shall require the

charter school to administer any other nationally recognized

standardized tests to its students that the chartering entity

administers to other students, and the results on such tests

shall be included in the chartering entity's assessment

reports.

(c) Subject to the provisions of subsection (e), a

material revision to a previously certified contract or a

renewal shall be made with the approval of both the local

school board and the governing body of the charter school.

(c-5) The proposed contract shall include a provision on

how both parties will address minor violations of the

contract.

(c-10) After August 4, 2023 (the effective date of Public

Act 103-416) this amendatory Act of the 103rd General

Assembly, any renewal of a certified charter must include a

union neutrality clause.

(d) The proposed contract between the governing body of a

proposed charter school and the local school board as

described in Section 27A-7 must be submitted to and certified

by the State Board before it can take effect. If the State

Board recommends that the proposed contract be modified for

consistency with this Article before it can be certified, the

modifications must be consented to by both the governing body

of the charter school and the local school board, and

resubmitted to the State Board for its certification. If the

proposed contract is resubmitted in a form that is not

consistent with this Article, the State Board may refuse to

certify the charter.

The State Board shall assign a number to each submission

or resubmission in chronological order of receipt, and shall

determine whether the proposed contract is consistent with the

provisions of this Article. If the proposed contract complies,

the State Board shall so certify.

(e) No renewal of a previously certified contract is

effective unless and until the State Board certifies that the

renewal is consistent with the provisions of this Article. A

material revision to a previously certified contract may go

into effect immediately upon approval of both the local school

board and the governing body of the charter school, unless

either party requests in writing that the State Board certify

that the material revision is consistent with the provisions

of this Article. If such a request is made, the proposed

material revision is not effective unless and until the State

Board so certifies.

(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;

revised 9-5-23.)

(105 ILCS 5/27A-7)

Sec. 27A-7. Charter submission.

(a) A proposal to establish a charter school shall be

submitted to the local school board and the State Board for

certification under Section 27A-6 of this Code in the form of a

proposed contract entered into between the local school board

and the governing body of a proposed charter school. The

charter school proposal shall include:

(1) The name of the proposed charter school, which

must include the words "Charter School".

(2) The age or grade range, areas of focus, minimum

and maximum numbers of pupils to be enrolled in the

charter school, and any other admission criteria that

would be legal if used by a school district.

(3) A description of and address for the physical

plant in which the charter school will be located;

provided that nothing in the Article shall be deemed to

justify delaying or withholding favorable action on or

approval of a charter school proposal because the building

or buildings in which the charter school is to be located

have not been acquired or rented at the time a charter

school proposal is submitted or approved or a charter

school contract is entered into or submitted for

certification or certified, so long as the proposal or

submission identifies and names at least 2 sites that are

potentially available as a charter school facility by the

time the charter school is to open.

(4) The mission statement of the charter school, which

must be consistent with the General Assembly's declared

purposes; provided that nothing in this Article shall be

construed to require that, in order to receive favorable

consideration and approval, a charter school proposal

demonstrate unequivocally that the charter school will be

able to meet each of those declared purposes, it being the

intention of the Charter Schools Law that those purposes

be recognized as goals that charter schools must aspire to

attain.

(5) The goals, objectives, and pupil performance

standards to be achieved by the charter school.

(6) In the case of a proposal to establish a charter

school by converting an existing public school or

attendance center to charter school status, evidence that

the proposed formation of the charter school has received

the approval of certified teachers, parents and guardians,

and, if applicable, a local school council as provided in

subsection (b) of Section 27A-8.

(7) A description of the charter school's educational

program, pupil performance standards, curriculum, school

year, school days, and hours of operation.

(8) A description of the charter school's plan for

evaluating pupil performance, the types of assessments

that will be used to measure pupil progress toward towards

achievement of the school's pupil performance standards,

the timeline for achievement of those standards, and the

procedures for taking corrective action in the event that

pupil performance at the charter school falls below those

standards.

(9) Evidence that the terms of the charter as proposed

are economically sound for both the charter school and the

school district, a proposed budget for the term of the

charter, a description of the manner in which an annual

audit of the financial and administrative operations of

the charter school, including any services provided by the

school district, are to be conducted, and a plan for the

displacement of pupils, teachers, and other employees who

will not attend or be employed in the charter school.

(10) A description of the governance and operation of

the charter school, including the nature and extent of

parental, professional educator, and community involvement

in the governance and operation of the charter school.

(11) An explanation of the relationship that will

exist between the charter school and its employees,

including evidence that the terms and conditions of

employment have been addressed with affected employees and

their recognized representative, if any. However, a

bargaining unit of charter school employees shall be

separate and distinct from any bargaining units formed

from employees of a school district in which the charter

school is located.

(12) An agreement between the parties regarding their

respective legal liability and applicable insurance

coverage.

(13) A description of how the charter school plans to

meet the transportation needs of its pupils, and a plan

for addressing the transportation needs of low-income and

at-risk pupils.

(14) The proposed effective date and term of the

charter; provided that the first day of the first academic

year shall be no earlier than August 15 and no later than

September 15 of a calendar year, and the first day of the

fiscal year shall be July 1.

(14.5) Disclosure of any known active civil or

criminal investigation by a local, state, or federal law

enforcement agency into an organization submitting the

charter school proposal or a criminal investigation by a

local, state, or federal law enforcement agency into any

member of the governing body of that organization. For the

purposes of this subdivision (14.5), a known investigation

means a request for an interview by a law enforcement

agency, a subpoena, an arrest, or an indictment. Such

disclosure is required for a period from the initial

application submission through 10 business days prior to

the authorizer's scheduled decision date.

(14.7) A union neutrality clause.

(15) Any other information reasonably required by the

State Board.

(b) A proposal to establish a charter school may be

initiated by individuals or organizations that will have

majority representation on the board of directors or other

governing body of the corporation or other discrete legal

entity that is to be established to operate the proposed

charter school, by a board of education or an

intergovernmental agreement between or among boards of

education, or by the board of directors or other governing

body of a discrete legal entity already existing or

established to operate the proposed charter school. The

individuals or organizations referred to in this subsection

may be school teachers, school administrators, local school

councils, colleges or universities or their faculty members,

public community colleges or their instructors or other

representatives, corporations, or other entities or their

representatives. The proposal shall be submitted to the local

school board for consideration and, if appropriate, for

development of a proposed contract to be submitted to the

State Board for certification under Section 27A-6.

(c) The local school board may not without the consent of

the governing body of the charter school condition its

approval of a charter school proposal on acceptance of an

agreement to operate under State laws and regulations and

local school board policies from which the charter school is

otherwise exempted under this Article.

(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;

revised 9-6-23.)

(105 ILCS 5/27A-11.5)

Sec. 27A-11.5. State financing. The State Board shall make

the following funds available to school districts and charter

schools:

(1) From a separate appropriation made to the State

Board for purposes of this subdivision (1), the State

Board shall make transition impact aid available to school

districts that approve a new charter school. The amount of

the aid shall equal 90% of the per capita funding paid to

the charter school during the first year of its initial

charter term, 65% of the per capita funding paid to the

charter school during the second year of its initial term,

and 35% of the per capita funding paid to the charter

school during the third year of its initial term. This

transition impact aid shall be paid to the local school

board in equal quarterly installments, with the payment of

the installment for the first quarter being made by August

1st immediately preceding the first, second, and third

years of the initial term. The district shall file an

application for this aid with the State Board in a format

designated by the State Board. If the appropriation is

insufficient in any year to pay all approved claims, the

impact aid shall be prorated.. If any funds remain after

these claims have been paid, then the State Board may pay

all other approved claims on a pro rata basis. Transition

impact aid shall be paid for charter schools that are in

the first, second, or third year of their initial term.

Transition impact aid shall not be paid for any charter

school that is proposed and created by one or more boards

of education, as authorized under subsection (b) of

Section 27A-7.

(2) From a separate appropriation made for the purpose

of this subdivision (2), the State Board shall make grants

to charter schools to pay their start-up costs of

acquiring educational materials and supplies, textbooks,

electronic textbooks and the technological equipment

necessary to gain access to and use electronic textbooks,

furniture, and other equipment or materials needed during

their initial term. The State Board shall annually

establish the time and manner of application for these

grants, which shall not exceed $250 per student enrolled

in the charter school.

(3) The Charter Schools Revolving Loan Fund is created

as a special fund in the State treasury. Federal funds,

such other funds as may be made available for costs

associated with the establishment of charter schools in

Illinois, and amounts repaid by charter schools that have

received a loan from the Charter Schools Revolving Loan

Fund shall be deposited into the Charter Schools Revolving

Loan Fund, and the moneys in the Charter Schools Revolving

Loan Fund shall be appropriated to the State Board and

used to provide interest-free loans to charter schools.

These funds shall be used to pay start-up costs of

acquiring educational materials and supplies, textbooks,

electronic textbooks and the technological equipment

necessary to gain access to and use electronic textbooks,

furniture, and other equipment or materials needed in the

initial term of the charter school and for acquiring and

remodeling a suitable physical plant, within the initial

term of the charter school. Loans shall be limited to one

loan per charter school and shall not exceed $750 per

student enrolled in the charter school. A loan shall be

repaid by the end of the initial term of the charter

school. The State Board may deduct amounts necessary to

repay the loan from funds due to the charter school or may

require that the local school board that authorized the

charter school deduct such amounts from funds due the

charter school and remit these amounts to the State Board,

provided that the local school board shall not be

responsible for repayment of the loan. The State Board may

use up to 3% of the appropriation to contract with a

non-profit entity to administer the loan program.

(4) A charter school may apply for and receive,

subject to the same restrictions applicable to school

districts, any grant administered by the State Board that

is available for school districts.

If a charter school fails to make payments toward

administrative costs, the State Board may withhold State funds

from that school until it has made all payments for those

costs.

(Source: P.A. 103-175, eff. 6-30-23; revised 9-20-23.)

(105 ILCS 5/34-18.82)

Sec. 34-18.82. Trauma kit; trauma response training.

(a) In this Section, "trauma kit" means a first aid

response kit that contains, at a minimum, all of the

following:

(1) One tourniquet endorsed by the Committee on

Tactical Combat Casualty Care.

(2) One compression bandage.

(3) One hemostatic bleeding control dressing endorsed

by the Committee on Tactical Combat Casualty Care.

(4) Protective gloves and a marker.

(5) Scissors.

(6) Instructional documents developed by the Stop the

Bleed national awareness campaign of the United States

Department of Homeland Security or the American College of

Surgeons' Committee on Trauma, or both.

(7) Any other medical materials or equipment similar

to those described in paragraphs (1) through (3) or any

other items that (i) are approved by a local law

enforcement agency or first responders, (ii) can

adequately treat a traumatic injury, and (iii) can be

stored in a readily available kit.

(b) The school district may maintain an on-site trauma kit

at each school for bleeding emergencies.

(c) Products purchased for the trauma kit, including those

products endorsed by the Committee on Tactical Combat Casualty

Care, shall, whenever possible, be manufactured in the United

States.

(d) At least once every 2 years, the board shall conduct

in-service training for all school district employees on the

methods to respond to trauma. The training must include

instruction on how to respond to an incident involving

life-threatening bleeding and, if applicable, how to use a

school's trauma kit. The board may satisfy the training

requirements under this subsection by using the training,

including online training, available from the American College

of Surgeons or any other similar organization.

School district employees who are trained to respond to

trauma pursuant to this subsection (d) shall be immune from

civil liability in the use of a trauma kit unless the action

constitutes willful or wanton misconduct.

(Source: P.A. 103-128, eff. 6-30-23.)

(105 ILCS 5/34-18.83)

Sec. 34-18.83 34-18.82. Subsequent teaching endorsements

for employees.

(a) Subsequent teaching endorsements may be granted to

employees licensed under Article 21B of this Code for specific

content areas and grade levels as part of a pilot program.

(b) The school district is authorized to prepare educators

for subsequent teaching endorsements on licenses issued under

paragraph (1) of Section 21B-20 of this Code to applicants who

meet all of the requirements for the endorsement or

endorsements, including passing any required content area

knowledge tests. If seeking to provide subsequent

endorsements, the school district must establish professional

development sequences to be offered instead of coursework

required for issuance of the subsequent endorsement and must

apply for approval of these professional development sequences

by the State Board of Education, in collaboration with the

State Educator Preparation and Licensure Board. The

professional development sequences under this Section shall

include a comprehensive review of relevant State learning

standards, the applicable State content-test framework, and,

if applicable, relevant educator preparation standards.

(c) The State Board of Education shall adopt any rules

necessary to implement this Section no later than June 30,

2024.

(Source: P.A. 103-157, eff. 6-30-23; revised 8-30-23.)

(105 ILCS 5/34-18.84)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 34-18.84 34-18.82. Community input on local

assessments.

(a) As used in this Section, "district-administered

assessment" means an assessment that requires all student test

takers at any grade level to answer the same questions, or a

selection of questions from a common bank of questions, in the

same manner or substantially the same questions in the same

manner. The term does not include an observational assessment

tool used to satisfy the requirements of Section 2-3.64a-10 of

this Code or an assessment developed by district teachers or

administrators that will be used to measure student progress

at an attendance center within the school district.

(b) Prior to approving a new contract for any

district-administered assessment, the board must hold a public

vote at a regular meeting of the board, at which the terms of

the proposal must be substantially presented and an

opportunity for allowing public comments must be provided,

subject to applicable notice requirements. However, if the

assessment being made available to review is subject to

copyright, trademark, or other intellectual property

protection, the review process shall include technical and

procedural safeguards to ensure that the materials are not

able to be widely disseminated to the general public in

violation of the intellectual property rights of the publisher

and to ensure content validity is not undermined.

(Source: P.A. 103-393, eff. 7-1-24; revised 8-30-23.)

(105 ILCS 5/34-84) (from Ch. 122, par. 34-84)

Sec. 34-84. Appointments and promotions of teachers.

Appointments and promotions of teachers shall be made for

merit only, and after satisfactory service for a probationary

period of 3 years with respect to probationary employees

employed as full-time teachers in the public school system of

the district before January 1, 1998 or on or after July 1, 2023

and 4 years with respect to probationary employees who are

first employed as full-time teachers in the public school

system of the district on or after January 1, 1998 but before

July 1, 2023, during which period the board may dismiss or

discharge any such probationary employee upon the

recommendation, accompanied by the written reasons therefor,

of the general superintendent of schools and after which

period appointments of teachers shall become permanent,

subject to removal for cause in the manner provided by Section

34-85.

For a probationary-appointed teacher in full-time service

who is appointed on or after July 1, 2013 and who receives

ratings of "excellent" during his or her first 3 school terms

of full-time service, the probationary period shall be 3

school terms of full-time service. For a

probationary-appointed teacher in full-time service who is

appointed on or after July 1, 2013 and who had previously

entered into contractual continued service in another school

district in this State or a program of a special education

joint agreement in this State, as defined in Section 24-11 of

this Code, the probationary period shall be 2 school terms of

full-time service, provided that (i) the teacher voluntarily

resigned or was honorably dismissed from the prior district or

program within the 3-month period preceding his or her

appointment date, (ii) the teacher's last 2 ratings in the

prior district or program were at least "proficient" and were

issued after the prior district's or program's PERA

implementation date, as defined in Section 24-11 of this Code,

and (iii) the teacher receives ratings of "excellent" during

his or her first 2 school terms of full-time service.

For a probationary-appointed teacher in full-time service

who has not entered into contractual continued service after 2

or 3 school terms of full-time service as provided in this

Section, the probationary period shall be 3 school terms of

full-time service, provided that the teacher holds a

Professional Educator License and receives a rating of at

least "proficient" in the last school term and a rating of at

least "proficient" in either the second or third school term.

As used in this Section, "school term" means the school

term established by the board pursuant to Section 10-19 of

this Code, and "full-time service" means the teacher has

actually worked at least 150 days during the school term. As

used in this Article, "teachers" means and includes all

members of the teaching force excluding the general

superintendent and principals.

There shall be no reduction in teachers because of a

decrease in student membership or a change in subject

requirements within the attendance center organization after

the 20th day following the first day of the school year, except

that: (1) this provision shall not apply to desegregation

positions, special education positions, or any other positions

funded by State or federal categorical funds, and (2) at

attendance centers maintaining any of grades 9 through 12,

there may be a second reduction in teachers on the first day of

the second semester of the regular school term because of a

decrease in student membership or a change in subject

requirements within the attendance center organization.

A teacher Teachers who is are due to be evaluated in the

last year before the teacher is they are set to retire shall be

offered the opportunity to waive the their evaluation and to

retain the teacher's their most recent rating, unless the

teacher was last rated as "needs improvement" or

"unsatisfactory". The school district may still reserve the

right to evaluate a teacher provided the district gives notice

to the teacher at least 14 days before the evaluation and a

reason for evaluating the teacher.

The school principal shall make the decision in selecting

teachers to fill new and vacant positions consistent with

Section 34-8.1.

(Source: P.A. 103-85, eff. 6-9-23; 103-500, eff. 8-4-23;

revised 9-6-23.)

Section 280. The Asbestos Abatement Act is amended by

changing Section 10a as follows:

(105 ILCS 105/10a) (from Ch. 122, par. 1410a)

Sec. 10a. Licensing. No inspector, management planner,

project designer, project manager, air sampling professional,

asbestos abatement contractor, worker or project supervisor

may be employed as a response action contractor unless that

individual or entity is licensed by the Department. Those

individuals and entities wishing to be licensed shall make

application on forms prescribed and furnished by the

Department. A license shall expire annually according to a

schedule determined by the Department. Applications for

renewal of licenses shall be filed with the Department at

least 30 days before the expiration date. When a licensure

examination is required, the application for licensure shall

be submitted to the Department at least 30 days prior to the

date of the scheduled examination. The Department shall

evaluate each application based on its minimum standards for

licensure, promulgated as rules, and render a decision. Such

standards may include a requirement for the successful

completion of a course of training approved by the Department.

If the Department denies the application, the applicant may

appeal such decision pursuant to the provisions of the

"Administrative Review Law".

The Department, upon notification by the Illinois Workers'

Compensation Commission or the Department of Insurance, shall

refuse the issuance or renewal of a license to, or suspend or

revoke the license of, any individual, corporation,

partnership, or other business entity that has been found by

the Illinois Workers' Compensation Commission or the

Department of Insurance to have failed:

(a) to secure workers' compensation obligations in the

manner required by subsections (a) and (b) of Section 4 of

the Workers' Compensation Act;

(b) to pay in full a fine or penalty imposed by the

Illinois Workers' Compensation Commission or the

Department of Insurance due to a failure to secure

workers' compensation obligations in the manner required

by subsections (a) and (b) of Section 4 of the Workers'

Compensation Act; or

(c) to fulfill all obligations assumed pursuant to any

settlement reached with the Illinois Workers' Compensation

Commission or the Department of Insurance due to a failure

to secure workers' compensation obligations in the manner

required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act.

A complaint filed with the Department by the Illinois

Workers' Compensation Commission or the Department of

Insurance that includes a certification, signed by its

Director or Chairman, or the Director or Chairman's designee,

attesting to a finding of the failure to secure workers'

compensation obligations in the manner required by subsections

(a) and (b) of Section 4 of the Workers' Compensation Act or

the failure to pay any fines or penalties or to discharge any

obligation under a settlement relating to the failure to

secure workers' compensation obligations in the manner

required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act is prima facie evidence of the

licensee's or applicant's failure to comply with subsections

(a) and (b) of Section 4 of the Workers' Compensation Act. Upon

receipt of that certification, the Department shall, without a

hearing, immediately suspend all licenses held by the licensee

or the processing of any application from the applicant.

Enforcement of the Department's order shall be stayed for 60

days. The Department shall provide notice of the suspension to

the licensee by mailing a copy of the Department's order to the

licensee's or applicant's address of record or emailing a copy

of the order to the licensee's or applicant's email address of

record. The notice shall advise the licensee or applicant that

the suspension shall be effective 60 days after the issuance

of the order unless the Department receives, from the licensee

or applicant, a request for a hearing before the Department to

dispute the matters contained in the order.

Upon receiving notice from the Illinois Workers'

Compensation Commission or the Department of Insurance that

the violation has been corrected or otherwise resolved, the

Department shall vacate the order suspending a licensee's

license or the processing of an applicant's application.

No license shall be suspended or revoked until after the

licensee is afforded any due process protection guaranteed by

statute or rule adopted by the Illinois Workers' Compensation

Commission or the Department of Insurance.

(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)

Section 285. The Critical Health Problems and

Comprehensive Health Education Act is amended by changing

Section 3 as follows:

(105 ILCS 110/3)

Sec. 3. Comprehensive Health Education Program. The

program established under this Act shall include, but not be

limited to, the following major educational areas as a basis

for curricula in all elementary and secondary schools in this

State: human ecology and health; human growth and development;

the emotional, psychological, physiological, hygienic, and

social responsibilities of family life, including sexual

abstinence until marriage; the prevention and control of

disease, including instruction in grades 6 through 12 on the

prevention, transmission, and spread of AIDS; age-appropriate

sexual abuse and assault awareness and prevention education in

grades pre-kindergarten through 12; public and environmental

health; consumer health; safety education and disaster

survival; mental health and illness; personal health habits;

alcohol and drug use and abuse, including the medical and

legal ramifications of alcohol, drug, and tobacco use; abuse

during pregnancy; evidence-based and medically accurate

information regarding sexual abstinence; tobacco and

e-cigarettes and other vapor devices; nutrition; and dental

health. The instruction on mental health and illness must

evaluate the multiple dimensions of health by reviewing the

relationship between physical and mental health so as to

enhance student understanding, attitudes, and behaviors that

promote health, well-being, and human dignity and must include

how and where to find mental health resources and specialized

treatment in the State. The program shall also provide course

material and instruction to advise pupils of the Abandoned

Newborn Infant Protection Act. The program shall include

information about cancer, including, without limitation, types

of cancer, signs and symptoms, risk factors, the importance of

early prevention and detection, and information on where to go

for help. Notwithstanding the above educational areas, the

following areas may also be included as a basis for curricula

in all elementary and secondary schools in this State: basic

first aid (including, but not limited to, cardiopulmonary

resuscitation and the Heimlich maneuver), heart disease,

diabetes, stroke, the prevention of child abuse, neglect, and

suicide, and teen dating violence in grades 7 through 12.

Beginning with the 2014-2015 school year, training on how to

properly administer cardiopulmonary resuscitation (which

training must be in accordance with standards of the American

Red Cross, the American Heart Association, or another

nationally recognized certifying organization) and how to use

an automated external defibrillator shall be included as a

basis for curricula in all secondary schools in this State.

Beginning with the 2024-2025 school year in grades 9

through 12, the program shall include instruction, study, and

discussion on the dangers of allergies. Information for the

instruction, study, and discussion shall come from information

provided by the Department of Public Health and the federal

Centers for Disease Control and Prevention. This instruction,

study, and discussion shall include, at a minimum:

(1) recognizing the signs and symptoms of an allergic

reaction, including anaphylaxis;

(2) the steps to take to prevent exposure to

allergens; and

(3) safe emergency epinephrine administration.

The school board of each public elementary and secondary

school in the State shall encourage all teachers and other

school personnel to acquire, develop, and maintain the

knowledge and skills necessary to properly administer

life-saving techniques, including, without limitation, the

Heimlich maneuver and rescue breathing. The training shall be

in accordance with standards of the American Red Cross, the

American Heart Association, or another nationally recognized

certifying organization. A school board may use the services

of non-governmental entities whose personnel have expertise in

life-saving techniques to instruct teachers and other school

personnel in these techniques. Each school board is encouraged

to have in its employ, or on its volunteer staff, at least one

person who is certified, by the American Red Cross or by

another qualified certifying agency, as qualified to

administer first aid and cardiopulmonary resuscitation. In

addition, each school board is authorized to allocate

appropriate portions of its institute or inservice days to

conduct training programs for teachers and other school

personnel who have expressed an interest in becoming qualified

to administer emergency first aid or cardiopulmonary

resuscitation. School boards are urged to encourage their

teachers and other school personnel who coach school athletic

programs and other extracurricular school activities to

acquire, develop, and maintain the knowledge and skills

necessary to properly administer first aid and cardiopulmonary

resuscitation in accordance with standards and requirements

established by the American Red Cross or another qualified

certifying agency. Subject to appropriation, the State Board

of Education shall establish and administer a matching grant

program to pay for half of the cost that a school district

incurs in training those teachers and other school personnel

who express an interest in becoming qualified to administer

cardiopulmonary resuscitation (which training must be in

accordance with standards of the American Red Cross, the

American Heart Association, or another nationally recognized

certifying organization) or in learning how to use an

automated external defibrillator. A school district that

applies for a grant must demonstrate that it has funds to pay

half of the cost of the training for which matching grant money

is sought. The State Board of Education shall award the grants

on a first-come, first-serve basis.

No pupil shall be required to take or participate in any

class or course on AIDS or family life instruction or to

receive training on how to properly administer cardiopulmonary

resuscitation or how to use an automated external

defibrillator if his or her parent or guardian submits written

objection thereto, and refusal to take or participate in the

course or program or the training shall not be reason for

suspension or expulsion of the pupil.

Curricula developed under programs established in

accordance with this Act in the major educational area of

alcohol and drug use and abuse shall include classroom

instruction in grades 5 through 12. The instruction, which

shall include matters relating to both the physical and legal

effects and ramifications of drug and substance abuse, shall

be integrated into existing curricula; and the State Board of

Education shall develop and make available to all elementary

and secondary schools in this State instructional materials

and guidelines which will assist the schools in incorporating

the instruction into their existing curricula. In addition,

school districts may offer, as part of existing curricula

during the school day or as part of an after-school after

school program, support services and instruction for pupils or

pupils whose parent, parents, or guardians are chemically

dependent. Curricula developed under programs established in

accordance with this Act in the major educational area of

alcohol and drug use and abuse shall include the instruction,

study, and discussion required under subsection (c) of Section

27-13.2 of the School Code.

(Source: P.A. 102-464, eff. 8-20-21; 102-558, eff. 8-20-21;

102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff.

1-1-24; revised 12-12-23.)

Section 290. The School Safety Drill Act is amended by

setting forth, renumbering, and changing multiple versions of

Section 50 as follows:

(105 ILCS 128/50)

Sec. 50. Crisis response mapping data grants.

(a) Subject to appropriation, a public school district, a

charter school, a special education cooperative or district,

an education for employment system, a State-approved area

career center, a public university laboratory school, the

Illinois Mathematics and Science Academy, the Department of

Juvenile Justice School District, a regional office of

education, the Illinois School for the Deaf, the Illinois

School for the Visually Impaired, the Philip J. Rock Center

and School, an early childhood or preschool program supported

by the Early Childhood Block Grant, or any other public school

entity designated by the State Board of Education by rule, may

apply to the State Board of Education or the State Board of

Education or the State Board's designee for a grant to obtain

crisis response mapping data and to provide copies of the

crisis response mapping data to appropriate local, county,

State, and federal first responders for use in response to

emergencies. The crisis response mapping data shall be stored

and provided in an electronic or digital format to assist

first responders in responding to emergencies at the school.

(b) Subject to appropriation, including funding for any

administrative costs reasonably incurred by the State Board of

Education or the State Board's designee in the administration

of the grant program described by this Section, the State

Board shall provide grants to any entity in subsection (a)

upon approval of an application submitted by the entity to

cover the costs incurred in obtaining crisis response mapping

data under this Section. The grant application must include

crisis response mapping data for all schools under the

jurisdiction of the entity submitting the application,

including, in the case of a public school district, any

charter schools authorized by the school board for the school

district.

(c) To be eligible for a grant under this Section, the

crisis response mapping data must, at a minimum:

(1) be compatible and integrate into security software

platforms in use by the specific school for which the data

is provided without requiring local law enforcement

agencies or the school district to purchase additional

software or requiring the integration of third-party

software to view the data;

(2) be compatible with security software platforms in

use by the specific school for which the data is provided

without requiring local public safety agencies or the

school district to purchase additional software or

requiring the integration of third-party software to view

the data;

(3) be capable of being provided in a printable

format;

(4) be verified for accuracy by an on-site

walk-through of the school building and grounds;

(5) be oriented to true north;

(6) be overlaid on current aerial imagery or plans of

the school building;

(7) contain site-specific labeling that matches the

structure of the school building, including room labels,

hallway names, and external door or stairwell numbers and

the location of hazards, critical utilities, key boxes,

automated external defibrillators, and trauma kits, and

that matches the school grounds, including parking areas,

athletic fields, surrounding roads, and neighboring

properties; and

(8) be overlaid with gridded x/y coordinates.

(d) Subject to appropriation, the crisis response mapping

data may be reviewed annually to update the data as necessary.

(e) Crisis response mapping data obtained pursuant to this

Section are confidential and exempt from disclosure under the

Freedom of Information Act.

(f) The State Board may adopt rules to implement the

provisions of this Section.

(Source: P.A. 103-8, eff. 6-7-23; revised 1-20-24.)

(105 ILCS 128/55)

Sec. 55 50. Rapid entry. A school building's emergency and

crisis response plan, protocol, and procedures shall include a

plan for local law enforcement to rapidly enter a school

building in the event of an emergency.

(Source: P.A. 103-194, eff. 1-1-24; revised 1-2-24.)

Section 295. The University of Illinois Act is amended by

changing Section 115 as follows:

(110 ILCS 305/115)

(Section scheduled to be repealed on January 1, 2025)

Sec. 115. Water rates report.

(a) Subject to appropriation, no later than June 30, 2023,

the Government Finance Research Center at the University of

Illinois at Chicago, in coordination with an intergovernmental

advisory committee, must issue a report evaluating the setting

of water rates throughout the Lake Michigan service area of

northeastern Illinois and, no later than December 31, 2024,

for the remainder of Illinois. The report must provide

recommendations for policy and regulatory needs at the State

and local level based on its findings. The report shall, at a

minimum, address all of the following areas:

(1) The components of a water bill.

(2) Reasons for increases in water rates.

(3) The definition of affordability throughout the

State and any variances to that definition.

(4) Evidence of rate-setting that utilizes

inappropriate practices.

(5) The extent to which State or local policies drive

cost increases or variations in rate-settings.

(6) Challenges within economically disadvantaged

communities in setting water rates.

(7) Opportunities for increased intergovernmental

coordination for setting equitable water rates.

(b) In developing the report under this Section, the

Government Finance Research Center shall form an advisory

committee, which shall be composed of all of 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 Attorney General, or his or her designee.

(5) At least 2 members who are representatives of

private water utilities operating in Illinois, appointed

by the Director of the Government Finance Research Center.

(6) At least 4 members who are representatives of

municipal water utilities, appointed by the Director of

the Government Finance Research Center.

(7) One member who is a representative of an

environmental justice advocacy organization, appointed by

the Director of the Government Finance Research Center.

(8) One member who is a representative of a consumer

advocacy organization, appointed by the Director of the

Government Finance Research Center.

(9) One member who is a representative of an

environmental planning organization that serves

northeastern Illinois, appointed by the Director of the

Government Finance Research Center.

(10) The Director of the Illinois State Water Survey,

or his or her designee.

(11) The Chairperson of the Illinois Commerce

Commission, or his or her designee.

(c) After all members are appointed, the committee shall

hold its first meeting at the call of the Director of the

Government Finance Research Center, 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 but may be reimbursed for their

reasonable and necessary expenses incurred in performing their

duties. The Government Finance Research Center shall provide

administrative and other support to the committee.

(d) (Blank.).

(e) This Section is repealed on January 1, 2025.

(Source: P.A. 102-507, eff. 8-20-21; 102-558, eff. 8-20-21;

103-4, eff. 5-31-23; revised 9-20-23.)

Section 300. The University of Illinois Hospital Act is

amended by setting forth, renumbering, and changing multiple

versions of Section 8h as follows:

(110 ILCS 330/8h)

Sec. 8h. Maternal milk donation education.

(a) To ensure an adequate supply of pasteurized donor

human milk for premature infants in Illinois, the University

of Illinois Hospital shall provide information and

instructional materials to parents of each newborn, upon

discharge from the University of Illinois Hospital, regarding

the option to voluntarily donate milk to nonprofit non-profit

milk banks that are accredited by the Human Milk Banking

Association of North America or its successor organization.

The materials shall be provided free of charge and shall

include general information regarding nonprofit non-profit

milk banking practices and contact information for area

nonprofit milk banks that are accredited by the Human Milk

Banking Association of North America.

(b) The information and instructional materials described

in subsection (a) may be provided electronically.

(c) Nothing in this Section prohibits the University of

Illinois Hospital from obtaining free and suitable information

on voluntary milk donation from the Human Milk Banking

Association of North America, or its successor organization,

or their accredited members.

(Source: P.A. 103-160, eff. 1-1-24; revised 9-26-23.)

(110 ILCS 330/8i)

Sec. 8i 8h. Emergency room treatment; delay of treatment

prohibition. Notwithstanding any provision of law to the

contrary, the University of Illinois Hospital, in accordance

with Section 1395dd(a) and 1395dd(b) of the Social Security

Act, shall not delay provisions of a required appropriate

medical screening examination or further medical examination

and treatment for a patient in a University of Illinois

Hospital emergency room in order to inquire about the

individual's method of payment or insurance status.

(Source: P.A. 103-213, eff. 1-1-24; revised 1-2-24.)

Section 305. The Underserved Health Care Provider

Workforce Act is amended by changing Section 3.09 as follows:

(110 ILCS 935/3.09)

Sec. 3.09. Eligible health care provider. "Eligible health

care provider" means a primary care physician, general

surgeon, emergency medicine physician, obstetrician,

chiropractic physician, anesthesiologist, advanced practice

registered nurse, or physician assistant who accepts Medicaid,

Medicare, the State's Children's Health Insurance Program,

private insurance, and self-pay.

(Source: P.A. 102-888, eff. 5-17-22; 103-219, eff. 1-1-24;

103-507, eff. 1-1-24; revised 9-5-23.)

Section 310. The Higher Education Student Assistance Act

is amended by changing Sections 65.100 and 67 as follows:

(110 ILCS 947/65.100)

Sec. 65.100. AIM HIGH Grant Program.

(a) The General Assembly makes all of the following

findings:

(1) Both access and affordability are important

aspects of the Illinois Public Agenda for College and

Career Success report.

(2) This State is in the top quartile with respect to

the percentage of family income needed to pay for college.

(3) Research suggests that as loan amounts increase,

rather than an increase in grant amounts, the probability

of college attendance decreases.

(4) There is further research indicating that

socioeconomic status may affect the willingness of

students to use loans to attend college.

(5) Strategic use of tuition discounting can decrease

the amount of loans that students must use to pay for

tuition.

(6) A modest, individually tailored tuition discount

can make the difference in a student choosing to attend

college and enhance college access for low-income and

middle-income families.

(7) Even if the federally calculated financial need

for college attendance is met, the federally determined

Expected Family Contribution can still be a daunting

amount.

(8) This State is the second largest exporter of

students in the country.

(9) When talented Illinois students attend

universities in this State, the State and those

universities benefit.

(10) State universities in other states have adopted

pricing and incentives that allow many Illinois residents

to pay less to attend an out-of-state university than to

remain in this State for college.

(11) Supporting Illinois student attendance at

Illinois public universities can assist in State efforts

to maintain and educate a highly trained workforce.

(12) Modest tuition discounts that are individually

targeted and tailored can result in enhanced revenue for

public universities.

(13) By increasing a public university's capacity to

strategically use tuition discounting, the public

university will be capable of creating enhanced tuition

revenue by increasing enrollment yields.

(b) In this Section:

"Eligible applicant" means a student from any high school

in this State, whether or not recognized by the State Board of

Education, who is engaged in a program of study that in due

course will be completed by the end of the school year and who

meets all of the qualifications and requirements under this

Section.

"Tuition and other necessary fees" includes the customary

charge for instruction and use of facilities in general and

the additional fixed fees charged for specified purposes that

are required generally of non-grant recipients for each

academic period for which the grant applicant actually

enrolls, but does not include fees payable only once or

breakage fees and other contingent deposits that are

refundable in whole or in part. The Commission may adopt, by

rule not inconsistent with this Section, detailed provisions

concerning the computation of tuition and other necessary

fees.

(c) Beginning with the 2019-2020 academic year, each

public university may establish a merit-based scholarship

program known as the AIM HIGH Grant Program. Each year, the

Commission shall receive and consider applications from public

universities under this Section. Each participating public

university shall indicate that grants under the program come

from AIM HIGH and shall use the words "AIM HIGH" in the name of

any grant under the program and in any published or posted

materials about the program. Subject to appropriation and any

tuition waiver limitation established by the Board of Higher

Education, a public university campus may award a grant to a

student under this Section if it finds that the applicant

meets all of the following criteria:

(1) He or she is a resident of this State and a citizen

or eligible noncitizen of the United States.

(2) He or she files a Free Application for Federal

Student Aid and demonstrates financial need with a

household income no greater than 8 times the poverty

guidelines updated periodically in the Federal Register by

the U.S. Department of Health and Human Services under the

authority of 42 U.S.C. 9902(2). The household income of

the applicant at the time of initial application shall be

deemed to be the household income of the applicant for the

duration of the program.

(3) He or she meets the minimum cumulative grade point

average or ACT or SAT college admissions test score, as

determined by the public university campus.

(4) He or she is enrolled in a public university as an

undergraduate student on a full-time basis.

(5) He or she has not yet received a baccalaureate

degree or the equivalent of 135 semester credit hours.

(6) He or she is not incarcerated.

(7) He or she is not in default on any student loan or

does not owe a refund or repayment on any State or federal

grant or scholarship.

(8) Any other reasonable criteria, as determined by

the public university campus.

Each public university campus shall allow qualified

full-time undergraduate students to apply for a grant, but may

choose to allow qualified part-time undergraduate students who

are enrolling in their final semester at the public university

campus to also apply.

(d) Each public university campus shall determine grant

renewal criteria consistent with the requirements under this

Section.

(e) Each participating public university campus shall post

on its Internet website criteria and eligibility requirements

for receiving awards that use funds under this Section that

include a range in the sizes of these individual awards. The

criteria and amounts must also be reported to the Commission

and the Board of Higher Education, who shall post the

information on their respective Internet websites.

(f) After enactment of an appropriation for this Program,

the Commission shall determine an allocation of funds to each

public university in an amount proportionate to the number of

undergraduate students who are residents of this State and

citizens or eligible noncitizens of the United States and who

were enrolled at each public university campus in the previous

academic year. All applications must be made to the Commission

on or before a date determined by the Commission and on forms

that the Commission shall provide to each public university

campus. The form of the application and the information

required shall be determined by the Commission and shall

include, without limitation, the total public university

campus funds used to match funds received from the Commission

in the previous academic year under this Section, if any, the

total enrollment of undergraduate students who are residents

of this State from the previous academic year, and any

supporting documents as the Commission deems necessary. Each

public university campus shall match the amount of funds

received by the Commission with financial aid for eligible

students.

A public university in which an average of at least 49% of

the students seeking a bachelor's degree or certificate

received a Pell Grant over the prior 3 academic years, as

reported to the Commission, shall match 35% of the amount of

funds awarded in a given academic year with non-loan financial

aid for eligible students. A public university in which an

average of less than 49% of the students seeking a bachelor's

degree or certificate received a Pell Grant over the prior 3

academic years, as reported to the Commission, shall match 70%

of the amount of funds awarded in a given academic year with

non-loan financial aid for eligible students.

A public university campus is not required to claim its

entire allocation. The Commission shall make available to all

public universities, on a date determined by the Commission,

any unclaimed funds and the funds must be made available to

those public university campuses in the proportion determined

under this subsection (f), excluding from the calculation

those public university campuses not claiming their full

allocations.

Each public university campus may determine the award

amounts for eligible students on an individual or broad basis,

but, subject to renewal eligibility, each renewed award may

not be less than the amount awarded to the eligible student in

his or her first year attending the public university campus.

Notwithstanding this limitation, a renewal grant may be

reduced due to changes in the student's cost of attendance,

including, but not limited to, if a student reduces the number

of credit hours in which he or she is enrolled, but remains a

full-time student, or switches to a course of study with a

lower tuition rate.

An eligible applicant awarded grant assistance under this

Section is eligible to receive other financial aid. Total

grant aid to the student from all sources may not exceed the

total cost of attendance at the public university campus.

(g) All money allocated to a public university campus

under this Section may be used only for financial aid purposes

for students attending the public university campus during the

academic year, not including summer terms. Notwithstanding any

other provision of law to the contrary, any funds received by a

public university campus under this Section that are not

granted to students in the academic year for which the funds

are received may be retained by the public university campus

for expenditure on students participating in the Program or

students eligible to participate in the Program.

(h) Each public university campus that establishes a

Program under this Section must annually report to the

Commission, on or before a date determined by the Commission,

the number of undergraduate students enrolled at that campus

who are residents of this State.

(i) Each public university campus must report to the

Commission the total non-loan financial aid amount given by

the public university campus to undergraduate students in the

2017-2018 academic year or the 2021-2022 academic year, not

including the summer terms. To be eligible to receive funds

under the Program, a public university campus may not decrease

the total amount of non-loan financial aid it gives to

undergraduate students, not including any funds received from

the Commission under this Section or any funds used to match

grant awards under this Section, to an amount lower than the

amount reported under this subsection (i) for the 2017-2018

academic year or the 2021-2022 academic year, whichever is

less, not including the summer terms.

(j) On or before a date determined by the Commission, each

public university campus that participates in the Program

under this Section shall annually submit a report to the

Commission with all of the following information:

(1) The Program's impact on tuition revenue and

enrollment goals and increase in access and affordability

at the public university campus.

(2) Total funds received by the public university

campus under the Program.

(3) Total non-loan financial aid awarded to

undergraduate students attending the public university

campus.

(4) Total amount of funds matched by the public

university campus.

(5) Total amount of claimed and unexpended funds

retained by the public university campus.

(6) The percentage of total financial aid distributed

under the Program by the public university campus.

(7) The total number of students receiving grants from

the public university campus under the Program and those

students' grade level, race, gender, income level, family

size, Monetary Award Program eligibility, Pell Grant

eligibility, and zip code of residence and the amount of

each grant award. This information shall include unit

record data on those students regarding variables

associated with the parameters of the public university's

Program, including, but not limited to, a student's ACT or

SAT college admissions test score, high school or

university cumulative grade point average, or program of

study.

On or before October 1, 2020 and annually on or before

October 1 through 2024, the Commission shall submit a report

with the findings under this subsection (j) and any other

information regarding the AIM HIGH Grant Program to (i) the

Governor, (ii) the Speaker of the House of Representatives,

(iii) the Minority Leader of the House of Representatives,

(iv) the President of the Senate, and (v) the Minority Leader

of the Senate. The reports 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. The

Commission's report may not disaggregate data to a level that

may disclose personally identifying information of individual

students.

The sharing and reporting of student data under this

subsection (j) must be in accordance with the requirements

under the federal Family Educational Rights and Privacy Act of

1974 and the Illinois School Student Records Act. All parties

must preserve the confidentiality of the information as

required by law. The names of the grant recipients under this

Section are not subject to disclosure under the Freedom of

Information Act.

Public university campuses that fail to submit a report

under this subsection (j) or that fail to adhere to any other

requirements under this Section may not be eligible for

distribution of funds under the Program for the next academic

year, but may be eligible for distribution of funds for each

academic year thereafter.

(k) The Commission shall adopt rules to implement this

Section.

(l) (Blank).

(Source: P.A. 103-8, eff. 6-7-23; 103-516, eff. 8-11-23;

revised 9-6-23.)

(110 ILCS 947/67)

Sec. 67. Illinois DREAM Fund Commission.

(a) The Illinois Student Assistance Commission shall

establish an Illinois DREAM Fund Commission. The Governor

shall appoint, with the advice and consent of the Senate,

members to the Illinois DREAM Fund Commission, which shall be

comprised of 9 members representing the geographic and ethnic

diversity of this State, including students, college and

university administrators and faculty, and other individuals

committed to advancing the educational opportunities of the

children of immigrants.

(b) The Illinois DREAM Fund Commission is charged with all

of the following responsibilities:

(1) Administering this Section and raising funds for

the Illinois DREAM Fund.

(2) Establishing a not-for-profit entity charged with

raising funds for the administration of this Section, any

educational or training programs the Commission is tasked

with administering, and funding scholarships to students

who are the children of immigrants to the United States.

(3) Publicizing the availability of scholarships from

the Illinois DREAM Fund.

(4) Selecting the recipients of scholarships funded

through the Illinois DREAM Fund.

(5) Researching issues pertaining to the availability

of assistance with the costs of higher education for the

children of immigrants and other issues regarding access

for and the performance of the children of immigrants

within higher education.

(6) Overseeing implementation of the other provisions

of Public Act 97-233 this amendatory Act of the 97th

General Assembly.

(7) Establishing and administering training programs

for high school counselors and counselors, admissions

officers, and financial aid officers of public

institutions of higher education. The training programs

shall instruct participants on the educational

opportunities available to college-bound students who are

the children of immigrants, including, but not limited to,

in-state tuition and scholarship programs. The Illinois

DREAM Fund Commission may also establish a public

awareness campaign regarding educational opportunities

available to college bound students who are the children

of immigrants.

The Illinois DREAM Fund Commission shall establish, by

rule, procedures for accepting and evaluating applications for

scholarships from the children of immigrants and issuing

scholarships to selected student applicants.

(c) To receive a scholarship under this Section, a student

must meet all of the following qualifications:

(1) Have resided with his or her parents or guardian

while attending a public or private high school in this

State.

(2) Have graduated from a public or private high

school or received the equivalent of a high school diploma

in this State.

(3) Have attended school in this State for at least 3

years as of the date he or she graduated from high school

or received the equivalent of a high school diploma.

(4) Have at least one parent who immigrated to the

United States.

(d) The Illinois Student Assistance Commission shall

establish an Illinois DREAM Fund to provide scholarships under

this Section. The Illinois DREAM Fund shall be funded entirely

from private contributions, gifts, grants, awards, and

proceeds from the scratch-off created in Section 21.16 of the

Illinois Lottery Law.

(e) The Illinois DREAM Fund Commission shall develop a

comprehensive program, including creation of informational

materials and a marketing plan, to educate people in the State

of Illinois about the purpose and benefits of contributions

made to the Illinois DREAM Fund. The Illinois DREAM Fund

Commission shall develop specific marketing materials for the

voluntary use by persons licensed pursuant to the Transmitters

of Money Act.

(Source: P.A. 103-338, eff. 7-28-23; 103-381, eff. 7-28-23;

revised 9-6-23.)

Section 315. The Illinois Educational Labor Relations Act

is amended by changing Section 2 as follows:

(115 ILCS 5/2) (from Ch. 48, par. 1702)

Sec. 2. Definitions. As used in this Act:

(a) "Educational employer" or "employer" means the

governing body of a public school district, including the

governing body of a charter school established under Article

27A of the School Code or of a contract school or contract

turnaround school established under paragraph 30 of Section

34-18 of the School Code, combination of public school

districts, including the governing body of joint agreements of

any type formed by 2 or more school districts, public

community college district or State college or university, a

subcontractor of instructional services of a school district

(other than a school district organized under Article 34 of

the School Code), combination of school districts, charter

school established under Article 27A of the School Code, or

contract school or contract turnaround school established

under paragraph 30 of Section 34-18 of the School Code, an

Independent Authority created under Section 2-3.25f-5 of the

School Code, and any State agency whose major function is

providing educational services. "Educational employer" or

"employer" does not include (1) a Financial Oversight Panel

created pursuant to Section 1A-8 of the School Code due to a

district violating a financial plan or (2) an approved

nonpublic special education facility that contracts with a

school district or combination of school districts to provide

special education services pursuant to Section 14-7.02 of the

School Code, but does include a School Finance Authority

created under Article 1E of the School Code and a Financial

Oversight Panel created under Article 1B or 1H of the School

Code. The change made by Public Act 96-104 this amendatory Act

of the 96th General Assembly to this paragraph (a) to make

clear that the governing body of a charter school is an

"educational employer" is declaratory of existing law.

(b) "Educational employee" or "employee" means any

individual, excluding supervisors, managerial, confidential,

short term employees, student, and part-time academic

employees of community colleges employed full or part time by

an educational employer, but shall not include elected

officials and appointees of the Governor with the advice and

consent of the Senate, firefighters as defined by subsection

(g-1) of Section 3 of the Illinois Public Labor Relations Act,

and peace officers employed by a State university. However,

with respect to an educational employer of a school district

organized under Article 34 of the School Code, a supervisor

shall be considered an educational employee under this

definition unless the supervisor is also a managerial

employee. For the purposes of this Act, part-time academic

employees of community colleges shall be defined as those

employees who provide less than 3 credit hours of instruction

per academic semester. In this subsection (b), the term

"student" does not include graduate students who are research

assistants primarily performing duties that involve research,

graduate assistants primarily performing duties that are

pre-professional, graduate students who are teaching

assistants primarily performing duties that involve the

delivery and support of instruction, or any other graduate

assistants.

(c) "Employee organization" or "labor organization" means

an organization of any kind in which membership includes

educational employees, and which exists for the purpose, in

whole or in part, of dealing with employers concerning

grievances, employee-employer disputes, wages, rates of pay,

hours of employment, or conditions of work, but shall not

include any organization which practices discrimination in

membership because of race, color, creed, age, gender,

national origin or political affiliation.

(d) "Exclusive representative" means the labor

organization which has been designated by the Illinois

Educational Labor Relations Board as the representative of the

majority of educational employees in an appropriate unit, or

recognized by an educational employer prior to January 1, 1984

as the exclusive representative of the employees in an

appropriate unit or, after January 1, 1984, recognized by an

employer upon evidence that the employee organization has been

designated as the exclusive representative by a majority of

the employees in an appropriate unit.

(e) "Board" means the Illinois Educational Labor Relations

Board.

(f) "Regional Superintendent" means the regional

superintendent of schools provided for in Articles 3 and 3A of

The School Code.

(g) "Supervisor" means any individual having authority in

the interests of the employer to hire, transfer, suspend, lay

off, recall, promote, discharge, reward or discipline other

employees within the appropriate bargaining unit and adjust

their grievances, or to effectively recommend such action if

the exercise of such authority is not of a merely routine or

clerical nature but requires the use of independent judgment.

The term "supervisor" includes only those individuals who

devote a preponderance of their employment time to such

exercising authority.

(h) "Unfair labor practice" or "unfair practice" means any

practice prohibited by Section 14 of this Act.

(i) "Person" includes an individual, educational employee,

educational employer, legal representative, or employee

organization.

(j) "Wages" means salaries or other forms of compensation

for services rendered.

(k) "Professional employee" means, in the case of a public

community college, State college or university, State agency

whose major function is providing educational services, the

Illinois School for the Deaf, and the Illinois School for the

Visually Impaired, (1) any employee engaged in work (i)

predominantly intellectual and varied in character as opposed

to routine mental, manual, mechanical, or physical work; (ii)

involving the consistent exercise of discretion and judgment

in its performance; (iii) of such character that the output

produced or the result accomplished cannot be standardized in

relation to a given period of time; and (iv) requiring

knowledge of an advanced type 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 an apprenticeship or from training

in the performance of routine mental, manual, or physical

processes; or (2) any employee, who (i) has completed the

courses of specialized intellectual instruction and study

described in clause (iv) of paragraph (1) of this subsection,

and (ii) is performing related work under the supervision of a

professional person to qualify himself or herself to become a

professional as defined in paragraph (l).

(l) "Professional employee" means, in the case of any

public school district, or combination of school districts

pursuant to joint agreement, any employee who has a license

issued under Article 21B of the School Code.

(m) "Unit" or "bargaining unit" means any group of

employees for which an exclusive representative is selected.

(n) "Confidential employee" means an employee, who (i) 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 (ii) in the regular course of his or her duties has

access to information relating to the effectuation or review

of the employer's collective bargaining policies.

(o) "Managerial employee" means, with respect to an

educational employer other than an educational employer of a

school district organized under Article 34 of the School Code,

an individual who is engaged predominantly in executive and

management functions and is charged with the responsibility of

directing the effectuation of such management policies and

practices or, with respect to an educational employer of a

school district organized under Article 34 of the School Code,

an individual who has a significant role in the negotiation of

collective bargaining agreements or who formulates and

determines employer-wide management policies and practices.

"Managerial employee" includes a general superintendent of

schools provided for under Section 34-6 of the School Code.

(p) "Craft employee" means a skilled journeyman, craft

person, and his or her apprentice or helper.

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

for less than 2 consecutive calendar quarters during a

calendar year and who does not have a reasonable expectation

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

same service in a subsequent calendar year. Nothing in this

subsection shall affect the employee status of individuals who

were covered by a collective bargaining agreement on January

1, 1992 (the effective date of Public Act 87-736) this

amendatory Act of 1991.

The changes made to this Section by Public Act 102-1138

this amendatory Act of the 102nd General Assembly may not be

construed to void or change the powers and duties given to

local school councils under Section 34-2.3 of the School Code.

(Source: P.A. 101-380, eff. 1-1-20; 102-894, eff. 5-20-22;

102-1071, eff. 6-10-22; 102-1138, eff. 2-10-23; revised

3-2-23.)

Section 320. The Alternative Health Care Delivery Act is

amended by changing Section 35.2 as follows:

(210 ILCS 3/35.2)

Sec. 35.2. Maternal milk donation education.

(a) To ensure an adequate supply of pasteurized donor

human milk for premature infants in Illinois, a birth center

with obstetrical service beds shall provide information and

instructional materials to parents of each newborn, upon

discharge from the birth center, regarding the option to

voluntarily donate milk to nonprofit non-profit milk banks

that are accredited by the Human Milk Banking Association of

North America or its successor organization. The materials

shall be provided free of charge and shall include general

information regarding nonprofit non-profit milk banking

practices and contact information for area nonprofit milk

banks that are accredited by the Human Milk Banking

Association of North America.

(b) The information and instructional materials described

in subsection (a) may be provided electronically.

(c) Nothing in this Section prohibits a birth center from

obtaining free and suitable information on voluntary milk

donation from the Human Milk Banking Association of North

America, or its successor organization, or its accredited

members.

(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)

Section 325. The Life Care Facilities Act is amended by

setting forth, renumbering, and changing multiple versions of

Section 10.3 as follows:

(210 ILCS 40/10.3)

Sec. 10.3. Posting of Long Term Care Ombudsman Program

information.

(a) Except as provided under subsection (b), all licensed

facilities shall post on the home page of the facility's

website the following:

(1) The Long Term Care Ombudsman Program's statewide

toll-free telephone number.

(2) A link to the Long Term Care Ombudsman Program's

website.

(b) A facility:

(1) may comply with this Section by posting the

required information on the website of the facility's

parent company if the facility does not maintain a unique

website;

(2) is not required to comply with this Section if the

facility and any parent company do not maintain a website;

and

(3) is not required to comply with this Section in

instances where the parent company operates in multiple

states and the facility does not maintain a unique

website.

(Source: P.A. 103-119, eff. 1-1-24; revised 12-22-23.)

(210 ILCS 40/10.4)

Sec. 10.4 10.3. Provision of at-home continuing care.

(a) The Department shall adopt rules that:

(1) establish standards for providers of at-home

continuing care;

(2) provide for the certification and registration of

providers of at-home continuing care and the annual

renewal of certificates of registration;

(3) provide for and encourage the establishment of

at-home continuing care programs;

(4) set minimum requirements for any individual who is

employed by or under contract with a provider of at-home

continuing care and who will enter a provider of at-home

continuing care's subscriber's home to provide at-home

continuing care services, including requirements for

criminal background checks of such an individual who will

have routine, direct access to a subscriber;

(5) establish standards for the renewal of

certificates of registration for providers of at-home

continuing care;

(6) establish standards for the number of executed

agreements necessary to begin operation as a provider of

at-home continuing care;

(7) establish standards for when and how a provider of

at-home continuing care or a subscriber may rescind an

at-home continuing care agreement before at-home

continuing care services are provided to the subscriber;

(8) allow a subscriber to rescind an agreement for

at-home continuing care services at any time if the terms

of the agreement violate this Section;

(9) establish that a provider may terminate an

agreement to provide at-home continuing care services or

discharge a subscriber only for just cause; and

(10) establish procedures to carry out a termination

or discharge under paragraph (9).

(b) The Department shall certify and register a person as

a provider of at-home continuing care services under this

Section if the Department determines that:

(1) a reasonable financial plan has been developed to

provide at-home continuing care services, including a plan

for the number of agreements to be executed before

beginning operation;

(2) a market for the at-home continuing care program

exists;

(3) the provider has submitted all proposed

advertisements, advertising campaigns, and other

promotional materials for the program;

(4) the form and substance of all advertisements,

advertising campaigns, and other promotional materials

submitted are not deceptive, misleading, or likely to

mislead; and

(5) an actuarial forecast supports the market for the

program.

(c) A provider may not enter into an agreement to provide

at-home continuing care services until the Department issues a

preliminary certificate of registration to the provider. An

application for a preliminary certificate of registration

shall:

(1) be filed in a form determined by the Department by

rule; and

(2) include:

(A) a copy of the proposed at-home continuing care

agreement; and

(B) the form and substance of any proposed

advertisements, advertising campaigns, or other

promotional materials for the program that are is

available at the time of filing the application and

that have has not been filed previously with the

Department.

(d) The Department shall issue a preliminary certificate

of registration to a provider under subsection (c) if the

Department determines that:

(1) the proposed at-home continuing care agreement is

satisfactory;

(2) the provider has submitted all proposed

advertisements, advertising campaigns, and other

promotional materials for the program; and

(3) the form and substance of all advertisements,

advertising campaigns, and other promotional materials

submitted are not deceptive, misleading, or likely to

mislead.

(e) A person may not provide at-home continuing care

services until the Department issues a certificate of

registration to the person. An application for a certificate

of registration shall:

(1) be filed in a form determined by the Department by

rule; and

(2) include:

(A) verification that the required number of

agreements has been executed;

(B) the form and substance of any proposed

advertisements, advertising campaigns, or other

promotional materials for the program that are

available at the time of filing and that have not been

filed previously with the Department; and

(C) verification that any other license or

certificate required by other appropriate State units

has been issued to the provider.

(f) The Department shall issue a certificate of

registration to a provider under subsection (e) if the

Department determines that:

(1) the information and documents submitted and

application for a preliminary certificate of registration

are current and accurate or have been updated to make them

accurate;

(2) the required agreements have been executed;

(3) any other license or certificate required by other

appropriate State units has been issued to the provider;

(4) the provider has submitted all proposed

advertisements, advertising campaigns, and other

promotional materials for the program; and

(5) the material submitted is not an advertisement,

advertising campaign, or other promotional material that

is deceptive, misleading, or likely to mislead.

If a provider intends to advertise before the Department

issues a certificate of registration, the provider shall

submit to the Department any advertisement, advertising

campaign, or other promotional material materials before using

it.

(g) Every 2 years, within 120 days after the end of a

provider's fiscal year, a provider shall file an application

for a renewal certificate of registration with the Department.

The application shall:

(A) be filed in a form determined by the

Department by rule; and

(B) contain any reasonable and pertinent

information that the Department requires.

(h) The Department shall issue a renewal certificate of

registration under subsection (g) if the Department determines

that:

(1) all required documents have been filed and are

satisfactory;

(2) any revised agreements for at-home continuing care

services meet the Department's requirements;

(3) the provider has submitted all proposed

advertisements, advertising campaigns, and other

promotional materials for the program; and

(4) the form and substance of all advertisements,

advertising campaigns, and other promotional materials

submitted are not deceptive, misleading, or likely to

mislead.

(i) The Department may deny, suspend, or revoke a

preliminary, initial, or renewal certificate of registration

under this Section for cause. The Department shall set forth

in writing its reasons for a denial, suspension, or

revocation. A provider may appeal a denial in writing. Grounds

for a denial, suspension, or revocation include, but are not

limited to:

(1) violation of this Section;

(2) violation of a rule adopted by the Department

under this Section;

(3) misrepresentation; or

(4) submission of false information.

(Source: P.A. 103-332, eff. 1-1-24; revised 1-2-24.)

Section 330. The Emergency Medical Services (EMS) Systems

Act is amended by changing Sections 3.55 and 3.116 as follows:

(210 ILCS 50/3.55)

Sec. 3.55. Scope of practice.

(a) Any person currently licensed as an EMR, EMT, EMT-I,

A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency

and non-emergency medical services as defined in this Act, in

accordance with his or her level of education, training and

licensure, the standards of performance and conduct prescribed

by the Department in rules adopted pursuant to this Act, and

the requirements of the EMS System in which he or she

practices, as contained in the approved Program Plan for that

System. The Director may, by written order, temporarily modify

individual scopes of practice in response to public health

emergencies for periods not exceeding 180 days.

(a-5) EMS personnel who have successfully completed a

Department approved course in automated defibrillator

operation and who are functioning within a Department approved

EMS System may utilize such automated defibrillator according

to the standards of performance and conduct prescribed by the

Department in rules adopted pursuant to this Act and the

requirements of the EMS System in which they practice, as

contained in the approved Program Plan for that System.

(a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or

Paramedic who has successfully completed a Department approved

course in the administration of epinephrine shall be required

to carry epinephrine with him or her as part of the EMS

personnel medical supplies whenever he or she is performing

official duties as determined by the EMS System. The

epinephrine may be administered from a glass vial,

auto-injector, ampule, or pre-filled syringe.

(b) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or

Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or

Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN,

PHAPRN, PHPA, or Paramedic license in pre-hospital or

inter-hospital emergency care settings or non-emergency

medical transport situations, under the written or verbal

direction of the EMS Medical Director. For purposes of this

Section, a "pre-hospital emergency care setting" may include a

location, that is not a health care facility, which utilizes

EMS personnel to render pre-hospital emergency care prior to

the arrival of a transport vehicle. The location shall include

communication equipment and all of the portable equipment and

drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or

Paramedic's level of care, as required by this Act, rules

adopted by the Department pursuant to this Act, and the

protocols of the EMS Systems, and shall operate only with the

approval and under the direction of the EMS Medical Director.

This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT,

PHRN, PHAPRN, PHPA, or Paramedic from practicing within an

emergency department or other health care setting for the

purpose of receiving continuing education or training approved

by the EMS Medical Director. This Section shall also not

prohibit an EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or

Paramedic from seeking credentials other than his or her EMT,

EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic license and

utilizing such credentials to work in emergency departments or

other health care settings under the jurisdiction of that

employer.

(c) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic

may honor Do Not Resuscitate (DNR) orders and powers of

attorney for health care only in accordance with rules adopted

by the Department pursuant to this Act and protocols of the EMS

System in which he or she practices.

(d) A student enrolled in a Department approved EMS

personnel program, while fulfilling the clinical training and

in-field supervised experience requirements mandated for

licensure or approval by the System and the Department, may

perform prescribed procedures under the direct supervision of

a physician licensed to practice medicine in all of its

branches, a qualified registered professional nurse, or

qualified EMS personnel, only when authorized by the EMS

Medical Director.

(e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or

Paramedic may transport a police dog injured in the line of

duty to a veterinary clinic or similar facility if there are no

persons requiring medical attention or transport at that time.

For the purposes of this subsection, "police dog" means a dog

owned or used by a law enforcement department or agency in the

course of the department or agency's work, including a search

and rescue dog, service dog, accelerant detection canine, or

other dog that is in use by a county, municipal, or State law

enforcement agency.

(f) Nothing in this Act shall be construed to prohibit an

EMT, EMT-I, A-EMT, Paramedic, or PHRN from completing an

initial Occupational Safety and Health Administration

Respirator Medical Evaluation Questionnaire on behalf of fire

service personnel, as permitted by his or her EMS System

Medical Director.

(g) An EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA

shall be eligible to work for another EMS System for a period

not to exceed 2 weeks if the individual is under the direct

supervision of another licensed individual operating at the

same or higher level as the EMT, EMT-I, A-EMT, Paramedic,

PHRN, PHAPRN, or PHPA; obtained approval in writing from the

EMS System's Medical Director; and tests into the EMS System

based upon appropriate standards as outlined in the EMS System

Program Plan. The EMS System within which the EMT, EMT-I,

A-EMT, Paramedic, PHRN, PHAPRN, or PHPA is seeking to join

must make all required testing available to the EMT, EMT-I,

A-EMT, Paramedic, PHRN, PHAPRN, or PHPA within 2 weeks after

the written request. Failure to do so by the EMS System shall

allow the EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA

to continue working for another EMS System until all required

testing becomes available.

(h) (g) A member of a fire department's or fire protection

district's collective bargaining unit shall be eligible to

work under a silver spanner program for another EMS System's

fire department or fire protection district that is not the

full-time employer of that member, for a period not to exceed 2

weeks, if the member: (1) is under the direct supervision of

another licensed individual operating at the same or higher

licensure level as the member; (2) made a written request to

the EMS System's Medical Director for approval to work under

the silver spanner program, which shall be approved or denied

within 24 hours after the EMS System's Medical Director

received the request; and (3) tests into the EMS System based

upon appropriate standards as outlined in the EMS System

Program Plan. The EMS System within which the member is

seeking to join must make all required testing available to

the member within 2 weeks of the written request. Failure to do

so by the EMS System shall allow the member to continue working

under a silver spanner program until all required testing

becomes available.

(Source: P.A. 102-79, eff. 1-1-22; 103-521, eff. 1-1-24;

103-547, eff. 8-11-23; revised 8-30-23.)

(210 ILCS 50/3.116)

Sec. 3.116. Hospital Stroke Care; definitions. As used in

Sections 3.116 through 3.119, 3.130, and 3.200 of this Act:

"Acute Stroke-Ready Hospital" means a hospital that has

been designated by the Department as meeting the criteria for

providing emergent stroke care. Designation may be provided

after a hospital has been certified or through application and

designation as such.

"Certification" or "certified" means certification, using

evidence-based standards, from a nationally recognized

certifying body approved by the Department.

"Comprehensive Stroke Center" means a hospital that has

been certified and has been designated as such.

"Designation" or "designated" means the Department's

recognition of a hospital as a Comprehensive Stroke Center,

Primary Stroke Center, or Acute Stroke-Ready Hospital.

"Emergent stroke care" is emergency medical care that

includes diagnosis and emergency medical treatment of acute

stroke patients.

"Emergent Stroke Ready Hospital" means a hospital that has

been designated by the Department as meeting the criteria for

providing emergent stroke care.

"Primary Stroke Center" means a hospital that has been

certified by a Department-approved, nationally recognized

certifying body and designated as such by the Department.

"Primary Stroke Center Plus" means a hospital that has

been certified by a Department-approved, nationally recognized

certifying body and designated as such by the Department.

"Regional Stroke Advisory Subcommittee" means a

subcommittee formed within each Regional EMS Advisory

Committee to advise the Director and the Region's EMS Medical

Directors Committee on the triage, treatment, and transport of

possible acute stroke patients and to select the Region's

representative to the State Stroke Advisory Subcommittee. At

minimum, the Regional Stroke Advisory Subcommittee shall

consist of: one representative from the EMS Medical Directors

Committee; one EMS coordinator from a Resource Hospital; one

administrative representative or his or her designee from each

level of stroke care, including Comprehensive Stroke Centers

within the Region, if any, Thrombectomy Capable Stroke Centers

within the Region, if any, Thrombectomy Ready Stroke Centers

within the Region, if any, Primary Stroke Centers Plus within

the Region, if any, Primary Stroke Centers within the Region,

if any, and Acute Stroke-Ready Hospitals within the Region, if

any; one physician from each level of stroke care, including

one physician who is a neurologist or who provides advanced

stroke care at a Comprehensive Stroke Center in the Region, if

any, one physician who is a neurologist or who provides acute

stroke care at a Thrombectomy Capable Stroke Center within the

Region, if any, a Thrombectomy Ready Stroke Center within the

Region, if any, or a Primary Stroke Center Plus in the Region,

if any, one physician who is a neurologist or who provides

acute stroke care at a Primary Stroke Center in the Region, if

any, and one physician who provides acute stroke care at an

Acute Stroke-Ready Hospital in the Region, if any; one nurse

practicing in each level of stroke care, including one nurse

from a Comprehensive Stroke Center in the Region, if any, one

nurse from a Thrombectomy Capable Stroke Center, if any, a

Thrombectomy Ready Stroke Center within the Region, if any, or

a Primary Stroke Center Plus in the Region, if any, one nurse

from a Primary Stroke Center in the Region, if any, and one

nurse from an Acute Stroke-Ready Hospital in the Region, if

any; one representative from both a public and a private

vehicle service provider that transports possible acute stroke

patients within the Region; the State-designated regional EMS

Coordinator; and a fire chief or his or her designee from the

EMS Region, if the Region serves a population of more than

2,000,000. The Regional Stroke Advisory Subcommittee shall

establish bylaws to ensure equal membership that rotates and

clearly delineates committee responsibilities and structure.

Of the members first appointed, one-third shall be appointed

for a term of one year, one-third shall be appointed for a term

of 2 years, and the remaining members shall be appointed for a

term of 3 years. The terms of subsequent appointees shall be 3

years.

"State Stroke Advisory Subcommittee" means a standing

advisory body within the State Emergency Medical Services

Advisory Council.

"Thrombectomy Capable Stroke Center" means a hospital that

has been certified by a Department-approved, nationally

recognized certifying body and designated as such by the

Department.

"Thrombectomy Ready Stroke Center" means a hospital that

has been certified by a Department-approved, nationally

recognized certifying body and designated as such by the

Department.

(Source: P.A. 102-687, eff. 12-17-21; 103-149, eff. 1-1-24;

103-363, eff. 7-28-23; revised 12-12-23.)

Section 335. The Hospital Licensing Act is amended by

changing Sections 10.10 and 11.9 as follows:

(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.

(6) A nursing care committee must annually notify the

hospital nursing staff of the staff's rights under this

Section. The annual notice must provide a phone number and

an email address for staff to report noncompliance with

the nursing staff's rights as described in this Section.

The notice must be provided by email or by regular mail in

a manner that effectively facilitates receipt of the

notice. The Department shall monitor and enforce the

requirements of this paragraph (6).

(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 Section Sections 7 or 9 of this Act.

(Source: P.A. 102-4, eff. 4-27-21; 102-641, eff. 8-27-21;

102-813, eff. 5-13-22; 103-211, eff. 1-1-24; revised 1-2-24.)

(210 ILCS 85/11.9)

Sec. 11.9. Maternal milk donation education.

(a) To ensure an adequate supply of pasteurized donor

human milk for premature infants in Illinois, a hospital with

licensed obstetric beds shall provide information and

instructional materials to parents of each newborn, upon

discharge from the hospital, regarding the option to

voluntarily donate milk to nonprofit non-profit milk banks

that are accredited by the Human Milk Banking Association of

North America or its successor organization. The materials

shall be provided free of charge and shall include general

information regarding nonprofit non-profit milk banking

practices and contact information for area nonprofit milk

banks that are accredited by the Human Milk Banking

Association of North America.

(b) The information and instructional materials described

in subsection (a) may be provided electronically.

(c) Nothing in this Section prohibits a hospital from

obtaining free and suitable information on voluntary milk

donation from the Human Milk Banking Association of North

America, or its successor organization, or its accredited

members.

(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)

Section 340. The Hospital Uninsured Patient Discount Act

is amended by changing Section 15 as follows:

(210 ILCS 89/15)

Sec. 15. Patient responsibility.

(a) Hospitals may make the availability of a discount and

the maximum collectible amount under this Act contingent upon

the uninsured patient first applying for coverage under public

health insurance programs, such as Medicare, Medicaid,

AllKids, the State Children's Health Insurance Program, the

Health Benefits for Immigrants program, or any other program,

if there is a reasonable basis to believe that the uninsured

patient may be eligible for such program. If the patient

declines to apply for a public health insurance program on the

basis of concern for immigration-related consequences, the

hospital may refer the patient to a free, unbiased resource,

such as an Immigrant Family Resource Program, to address the

patient's immigration-related concerns and assist in enrolling

the patient in a public health insurance program. The hospital

may still screen the patient for eligibility under its

financial assistance policy.

(b) Hospitals shall permit an uninsured patient to apply

for a discount within 90 days of the date of discharge, date of

service, completion of the screening under the Fair Patient

Billing Act, or denial of an application for a public health

insurance program.

Hospitals shall offer uninsured patients who receive

community-based primary care provided by a community health

center or a free and charitable clinic, are referred by such an

entity to the hospital, and seek access to nonemergency

hospital-based health care services with an opportunity to be

screened for and assistance with applying for public health

insurance programs if there is a reasonable basis to believe

that the uninsured patient may be eligible for a public health

insurance program. An uninsured patient who receives

community-based primary care provided by a community health

center or free and charitable clinic and is referred by such an

entity to the hospital for whom there is not a reasonable basis

to believe that the uninsured patient may be eligible for a

public health insurance program shall be given the opportunity

to apply for hospital financial assistance when hospital

services are scheduled.

(1) Income verification. Hospitals may require an

uninsured patient who is requesting an uninsured discount

to provide documentation of family income. Acceptable

family income documentation shall include any one of the

following:

(A) a copy of the most recent tax return;

(B) a copy of the most recent W-2 form and 1099

forms;

(C) copies of the 2 most recent pay stubs;

(D) written income verification from an employer

if paid in cash; or

(E) one other reasonable form of third-party third

party income verification deemed acceptable to the

hospital.

(2) Asset verification. Hospitals may require an

uninsured patient who is requesting an uninsured discount

to certify the existence or absence of assets owned by the

patient and to provide documentation of the value of such

assets, except for those assets referenced in paragraph

(4) of subsection (c) of Section 10. Acceptable

documentation may include statements from financial

institutions or some other third-party third party

verification of an asset's value. If no third-party third

party verification exists, then the patient shall certify

as to the estimated value of the asset.

(3) Illinois resident verification. Hospitals may

require an uninsured patient who is requesting an

uninsured discount to verify Illinois residency.

Acceptable verification of Illinois residency shall

include any one of the following:

(A) any of the documents listed in paragraph (1);

(B) a valid state-issued identification card;

(C) a recent residential utility bill;

(D) a lease agreement;

(E) a vehicle registration card;

(F) a voter registration card;

(G) mail addressed to the uninsured patient at an

Illinois address from a government or other credible

source;

(H) a statement from a family member of the

uninsured patient who resides at the same address and

presents verification of residency;

(I) a letter from a homeless shelter, transitional

house or other similar facility verifying that the

uninsured patient resides at the facility; or

(J) a temporary visitor's drivers license.

(c) Hospital obligations toward an individual uninsured

patient under this Act shall cease if that patient

unreasonably fails or refuses to provide the hospital with

information or documentation requested under subsection (b) or

to apply for coverage under public programs when requested

under subsection (a) within 30 days of the hospital's request.

(d) In order for a hospital to determine the 12 month

maximum amount that can be collected from a patient deemed

eligible under Section 10, an uninsured patient shall inform

the hospital in subsequent inpatient admissions or outpatient

encounters that the patient has previously received health

care services from that hospital and was determined to be

entitled to the uninsured discount.

(e) Hospitals may require patients to certify that all of

the information provided in the application is true. The

application may state that if any of the information is

untrue, any discount granted to the patient is forfeited and

the patient is responsible for payment of the hospital's full

charges.

(f) Hospitals shall ask for an applicant's race,

ethnicity, sex, and preferred language on the financial

assistance application. However, the questions shall be

clearly marked as optional responses for the patient and shall

note that responses or nonresponses by the patient will not

have any impact on the outcome of the application.

(Source: P.A. 102-581, eff. 1-1-22; 103-323, eff. 1-1-24;

103-492, eff. 1-1-24; revised 9-7-23.)

Section 345. The Birth Center Licensing Act is amended by

changing Section 46 as follows:

(210 ILCS 170/46)

Sec. 46. Maternal milk donation education.

(a) To ensure an adequate supply of pasteurized donor

human milk for premature infants in Illinois, a birth center

with obstetrical service beds shall provide information and

instructional materials to parents of each newborn, upon

discharge from the birth center, regarding the option to

voluntarily donate milk to nonprofit non-profit milk banks

that are accredited by the Human Milk Banking Association of

North America or its successor organization. The materials

shall be provided free of charge and shall include general

information regarding nonprofit non-profit milk banking

practices and contact information for area nonprofit milk

banks that are accredited by the Human Milk Banking

Association of North America.

(b) The information and instructional materials described

in subsection (a) may be provided electronically.

(c) Nothing in this Section prohibits a birth center from

obtaining free and suitable information on voluntary milk

donation from the Human Milk Banking Association of North

America, or its successor organization, or its accredited

members.

(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)

Section 350. The Illinois Insurance Code is amended by

setting forth, renumbering, and changing multiple versions of

Section 356z.61 and by changing Section 370c.1 as follows:

(215 ILCS 5/356z.61)

Sec. 356z.61. Coverage for liver disease 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, 2025 shall provide coverage for

preventative liver disease screenings for individuals 35 years

of age or older and under the age of 65 at high risk for liver

disease, including liver ultrasounds and alpha-fetoprotein

blood tests every 6 months, without imposing a deductible,

coinsurance, copayment, or any other cost-sharing requirement

on the coverage provided; except that this Section does not

apply to coverage of liver disease screenings 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. 103-84, eff. 1-1-24.)

(215 ILCS 5/356z.63)

Sec. 356z.63 356z.61. Coverage of pharmacy testing,

screening, vaccinations, and treatment. 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, 2025 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 described in paragraph (15), (16), or (17) of

subsection (d) of Section 3 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) reimbursement has been successfully negotiated in

good faith between the pharmacist and the health plan.

(Source: P.A. 103-1, eff. 4-27-23; revised 8-29-23.)

(215 ILCS 5/356z.64)

Sec. 356z.64 356z.61. Coverage for compression sleeves. 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, 2025 shall provide coverage for

compression sleeves that are is medically necessary for the

enrollee to prevent or mitigate lymphedema.

(Source: P.A. 103-91, eff. 1-1-24; revised 8-29-23.)

(215 ILCS 5/356z.65)

Sec. 356z.65 356z.61. Coverage for reconstructive

services.

(a) As used in this Section, "reconstructive services"

means treatments performed on structures of the body damaged

by trauma to restore physical appearance.

(b) 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, 2025 may not deny

coverage for medically necessary reconstructive services that

are intended to restore physical appearance.

(Source: P.A. 103-123, eff. 1-1-24; revised 8-29-23.)

(215 ILCS 5/356z.66)

Sec. 356z.66 356z.61. Proton beam therapy.

(a) As used in this Section:

"Medically necessary" has the meaning given to that term

in the Prior Authorization Reform Act.

"Proton beam therapy" means a type of radiation therapy

treatment that utilizes protons as the radiation delivery

method for the treatment of tumors and cancerous cells.

"Radiation therapy treatment" means the delivery of

biological effective doses with proton therapy, intensity

modulated radiation therapy, brachytherapy, stereotactic body

radiation therapy, three-dimensional conformal radiation

therapy, or other forms of therapy using radiation.

(b) A group or individual policy of accident and health

insurance or managed care plan that is amended, delivered,

issued, or renewed on or after January 1, 2025 that provides

coverage for the treatment of cancer shall not apply a higher

standard of clinical evidence for the coverage of proton beam

therapy than the insurer applies for the coverage of any other

form of radiation therapy treatment.

(c) A group or individual policy of accident and health

insurance or managed care plan that is amended, delivered,

issued, or renewed on or after January 1, 2025 that provides

coverage or benefits to any resident of this State for

radiation oncology shall include coverage or benefits for

medically necessary proton beam therapy for the treatment of

cancer.

(Source: P.A. 103-325, eff. 1-1-24; revised 8-29-23.)

(215 ILCS 5/356z.67)

Sec. 356z.67 356z.61. Coverage of prescription estrogen.

(a) 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, 2025 and that

provides coverage for prescription drugs shall include

coverage for one or more therapeutic equivalent versions of

vaginal estrogen in its formulary.

(b) If a particular vaginal estrogen product or its

therapeutic equivalent version approved by the United States

Food and Drug Administration is determined to be medically

necessary, the issuer must cover that service or item pursuant

to the cost-sharing requirement contained in subsection (c).

(c) A policy subject to this Section shall not impose a

deductible, copayment, or any other cost sharing requirement

that exceeds any deductible, coinsurance, copayment, or any

other cost-sharing requirement imposed on any prescription

drug authorized for the treatment of erectile dysfunction

covered by the policy; except that this subsection does not

apply to coverage of vaginal estrogen 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.

(d) As used in this Section, "therapeutic equivalent

version" has the meaning given to that term in paragraph (2) of

subsection (a) of Section 356z.4.

(Source: P.A. 103-420, eff. 1-1-24; revised 8-29-23.)

(215 ILCS 5/356z.68)

Sec. 356z.68 356z.61. Home saliva cancer screening.

(a) As used in this Section, "home saliva cancer

screening" means an outpatient test that utilizes an

individual's saliva to detect biomarkers for early-stage

cancer.

(b) An individual or group policy of accident and health

insurance that is amended, delivered, issued, or renewed on or

after January 1, 2025 shall cover a medically necessary home

saliva cancer screening every 24 months if the patient:

(1) is asymptomatic and at high risk for the disease

being tested for; or

(2) demonstrates symptoms of the disease being tested

for at a physical exam.

(Source: P.A. 103-445, eff. 1-1-24; revised 8-29-23.)

(215 ILCS 5/356z.69)

Sec. 356z.69 356z.61. Coverage for children with

neuromuscular, neurological, or cognitive impairment. A group

or individual policy of accident and health insurance amended,

delivered, issued, or renewed on or after January 1, 2025

shall provide coverage for therapy, diagnostic testing, and

equipment necessary to increase quality of life for children

who have been clinically or genetically diagnosed with any

disease, syndrome, or disorder that includes low tone

neuromuscular impairment, neurological impairment, or

cognitive impairment.

(Source: P.A. 103-458, eff. 1-1-24; revised 8-29-23.)

(215 ILCS 5/356z.70)

Sec. 356z.70 356z.61. Coverage of no-cost mental health

prevention and wellness visits.

(a) A group or individual policy of accident and health

insurance or managed care plan that is amended, delivered,

issued, or renewed on or after January 1, 2025 shall provide

coverage for one annual mental health prevention and wellness

visit for children and for adults.

(b) Mental health prevention and wellness visits shall

include any age-appropriate screening recommended by the

United States Preventive Services Task Force or by the

American Academy of Pediatrics' Bright Futures: Guidelines for

Health Supervision of Infants, Children, and Adolescents for

purposes of identifying a mental health issue, condition, or

disorder; discussing mental health symptoms that might be

present, including symptoms of a previously diagnosed mental

health condition or disorder; performing an evaluation of

adverse childhood experiences; and discussing mental health

and wellness.

(c) A mental health prevention and wellness visit shall be

covered for up to 60 minutes and may be performed by a

physician licensed to practice medicine in all of its

branches, a licensed clinical psychologist, a licensed

clinical social worker, a licensed clinical professional

counselor, a licensed marriage and family therapist, a

licensed social worker, or a licensed professional counselor.

(d) A policy subject to this Section shall not impose a

deductible, coinsurance, copayment, or other cost-sharing

requirement for mental health prevention and wellness visits.

The cost-sharing prohibition in this subsection (d) does not

apply to coverage of mental health prevention and wellness

visits 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.

(e) A mental health prevention and wellness visit shall be

in addition to an annual physical examination and shall not

replace a well-child visit or a general health or medical

visit.

(f) A mental health prevention and wellness visit shall be

reimbursed through the following American Medical Association

current procedural terminology codes and at the same rate that

current procedural terminology codes are reimbursed for the

provision of other medical care: 99381-99387 and 99391-99397.

The Department shall update the current procedural terminology

codes through adoption of rules if the codes listed in this

subsection are altered, amended, changed, deleted, or

supplemented.

(g) Reimbursement of any of the current procedural

terminology codes listed in this Section shall comply with the

following:

(1) reimbursement may be adjusted for payment of

claims that are billed by a nonphysician clinician so long

as the methodology to determine the adjustments are

comparable to and applied no more stringently than the

methodology for adjustments made for reimbursement of

claims billed by nonphysician clinicians for other medical

care, in accordance with 45 CFR 146.136(c)(4); and

(2) for a mental health prevention and wellness visit

and for a service other than a mental health prevention

and wellness visit, reimbursement shall not be denied if

they occur on the same date by the same provider and the

provider is a primary care provider.

(h) A mental health prevention and wellness visit may be

incorporated into and reimbursed within any type of integrated

primary care service delivery method, including, but not

limited to, a psychiatric collaborative care model as provided

for under this Code.

(i) The Department shall adopt any rules necessary to

implement this Section by no later than October 31, 2024.

(Source: P.A. 103-535, eff. 8-11-23; revised 8-29-23.)

(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), 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) 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) 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) (Blank).

(j-5) The Department of Insurance shall collect the

following information:

(1) The number of employment disability insurance

plans offered in this State, including, but not limited

to:

(A) individual short-term policies;

(B) individual long-term policies;

(C) group short-term policies; and

(D) group long-term policies.

(2) The number of policies referenced in paragraph (1)

of this subsection that limit mental health and substance

use disorder benefits.

(3) The average defined benefit period for the

policies referenced in paragraph (1) of this subsection,

both for those policies that limit and those policies that

have no limitation on mental health and substance use

disorder benefits.

(4) Whether the policies referenced in paragraph (1)

of this subsection are purchased on a voluntary or

non-voluntary basis.

(5) The identities of the individuals, entities, or a

combination of the 2, that assume the cost associated with

covering the policies referenced in paragraph (1) of this

subsection.

(6) The average defined benefit period for plans that

cover physical disability and mental health and substance

abuse without limitation, including, but not limited to:

(A) individual short-term policies;

(B) individual long-term policies;

(C) group short-term policies; and

(D) group long-term policies.

(7) The average premiums for disability income

insurance issued in this State for:

(A) individual short-term policies that limit

mental health and substance use disorder benefits;

(B) individual long-term policies that limit

mental health and substance use disorder benefits;

(C) group short-term policies that limit mental

health and substance use disorder benefits;

(D) group long-term policies that limit mental

health and substance use disorder benefits;

(E) individual short-term policies that include

mental health and substance use disorder benefits

without limitation;

(F) individual long-term policies that include

mental health and substance use disorder benefits

without limitation;

(G) group short-term policies that include mental

health and substance use disorder benefits without

limitation; and

(H) group long-term policies that include mental

health and substance use disorder benefits without

limitation.

The Department shall present its findings regarding

information collected under this subsection (j-5) to the

General Assembly no later than April 30, 2024. Information

regarding a specific insurance provider's contributions to the

Department's report shall be exempt from disclosure under

paragraph (t) of subsection (1) of Section 7 of the Freedom of

Information Act. The aggregated information gathered by the

Department shall not be exempt from disclosure under paragraph

(t) of subsection (1) of Section 7 of the Freedom of

Information Act.

(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

determined by the Department and the Department of Healthcare

and Family Services and posted on their respective websites,

starting on September 1, 2023 and annually thereafter, 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)

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 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;

102-813, eff. 5-13-22; 103-94, eff. 1-1-24; 103-105, eff.

6-27-23; revised 12-15-23.)

Section 355. The Network Adequacy and Transparency Act is

amended by changing Section 25 as follows:

(215 ILCS 124/25)

Sec. 25. Network transparency.

(a) A network plan shall post electronically an

up-to-date, accurate, and complete provider directory for each

of its network plans, with the information and search

functions, as described in this Section.

(1) In making the directory available electronically,

the network plans shall ensure that the general public is

able to view all of the current providers for a plan

through a clearly identifiable link or tab and without

creating or accessing an account or entering a policy or

contract number.

(2) The network plan shall update the online provider

directory at least monthly. Providers shall notify the

network plan electronically or in writing of any changes

to their information as listed in the provider directory,

including the information required in subparagraph (K) of

paragraph (1) of subsection (b). The network plan shall

update its online provider directory in a manner

consistent with the information provided by the provider

within 10 business days after being notified of the change

by the provider. Nothing in this paragraph (2) shall void

any contractual relationship between the provider and the

plan.

(3) The network plan shall audit periodically at least

25% of its provider directories for accuracy, make any

corrections necessary, and retain documentation of the

audit. The network plan shall submit the audit to the

Director upon request. As part of these audits, the

network plan shall contact any provider in its network

that has not submitted a claim to the plan or otherwise

communicated his or her intent to continue participation

in the plan's network.

(4) A network plan shall provide a printed print copy

of a current provider directory or a printed print copy of

the requested directory information upon request of a

beneficiary or a prospective beneficiary. Printed Print

copies must be updated quarterly and an errata that

reflects changes in the provider network must be updated

quarterly.

(5) For each network plan, a network plan shall

include, in plain language in both the electronic and

print directory, the following general information:

(A) in plain language, a description of the

criteria the plan has used to build its provider

network;

(B) if applicable, in plain language, a

description of the criteria the insurer or network

plan has used to create tiered networks;

(C) if applicable, in plain language, how the

network plan designates the different provider tiers

or levels in the network and identifies for each

specific provider, hospital, or other type of facility

in the network which tier each is placed, for example,

by name, symbols, or grouping, in order for a

beneficiary-covered person or a prospective

beneficiary-covered person to be able to identify the

provider tier; and

(D) if applicable, a notation that authorization

or referral may be required to access some providers.

(6) A network plan shall make it clear for both its

electronic and print directories what provider directory

applies to which network plan, such as including the

specific name of the network plan as marketed and issued

in this State. The network plan shall include in both its

electronic and print directories a customer service email

address and telephone number or electronic link that

beneficiaries or the general public may use to notify the

network plan of inaccurate provider directory information

and contact information for the Department's Office of

Consumer Health Insurance.

(7) A provider directory, whether in electronic or

print format, shall accommodate the communication needs of

individuals with disabilities, and include a link to or

information regarding available assistance for persons

with limited English proficiency.

(b) For each network plan, a network plan shall make

available through an electronic provider directory the

following information in a searchable format:

(1) for health care professionals:

(A) name;

(B) gender;

(C) participating office locations;

(D) specialty, if applicable;

(E) medical group affiliations, if applicable;

(F) facility affiliations, if applicable;

(G) participating facility affiliations, if

applicable;

(H) languages spoken other than English, if

applicable;

(I) whether accepting new patients;

(J) board certifications, if applicable; and

(K) use of telehealth or telemedicine, including,

but not limited to:

(i) whether the provider offers the use of

telehealth or telemedicine to deliver services to

patients for whom it would be clinically

appropriate;

(ii) what modalities are used and what types

of services may be provided via telehealth or

telemedicine; and

(iii) whether the provider has the ability and

willingness to include in a telehealth or

telemedicine encounter a family caregiver who is

in a separate location than the patient if the

patient wishes and provides his or her consent;

(2) for hospitals:

(A) hospital name;

(B) hospital type (such as acute, rehabilitation,

children's, or cancer);

(C) participating hospital location; and

(D) hospital accreditation status; and

(3) for facilities, other than hospitals, by type:

(A) facility name;

(B) facility type;

(C) types of services performed; and

(D) participating facility location or locations.

(c) For the electronic provider directories, for each

network plan, a network plan shall make available all of the

following information in addition to the searchable

information required in this Section:

(1) for health care professionals:

(A) contact information; and

(B) languages spoken other than English by

clinical staff, if applicable;

(2) for hospitals, telephone number; and

(3) for facilities other than hospitals, telephone

number.

(d) The insurer or network plan shall make available in

print, upon request, the following provider directory

information for the applicable network plan:

(1) for health care professionals:

(A) name;

(B) contact information;

(C) participating office location or locations;

(D) specialty, if applicable;

(E) languages spoken other than English, if

applicable;

(F) whether accepting new patients; and

(G) use of telehealth or telemedicine, including,

but not limited to:

(i) whether the provider offers the use of

telehealth or telemedicine to deliver services to

patients for whom it would be clinically

appropriate;

(ii) what modalities are used and what types

of services may be provided via telehealth or

telemedicine; and

(iii) whether the provider has the ability and

willingness to include in a telehealth or

telemedicine encounter a family caregiver who is

in a separate location than the patient if the

patient wishes and provides his or her consent;

(2) for hospitals:

(A) hospital name;

(B) hospital type (such as acute, rehabilitation,

children's, or cancer); and

(C) participating hospital location and telephone

number; and

(3) for facilities, other than hospitals, by type:

(A) facility name;

(B) facility type;

(C) types of services performed; and

(D) participating facility location or locations

and telephone numbers.

(e) The network plan shall include a disclosure in the

print format provider directory that the information included

in the directory is accurate as of the date of printing and

that beneficiaries or prospective beneficiaries should consult

the insurer's electronic provider directory on its website and

contact the provider. The network plan shall also include a

telephone number in the print format provider directory for a

customer service representative where the beneficiary can

obtain current provider directory information.

(f) The Director may conduct periodic audits of the

accuracy of provider directories. A network plan shall not be

subject to any fines or penalties for information required in

this Section that a provider submits that is inaccurate or

incomplete.

(Source: P.A. 102-92, eff. 7-9-21; revised 9-26-23.)

Section 360. 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, 155.49,

355.2, 355.3, 355b, 355c, 356f, 356g.5-1, 356m, 356q, 356v,

356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,

356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,

356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21, 356z.22,

356z.23, 356z.24, 356z.25, 356z.26, 356z.28, 356z.29, 356z.30,

356z.30a, 356z.31, 356z.32, 356z.33, 356z.34, 356z.35,

356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 356z.41, 356z.44,

356z.45, 356z.46, 356z.47, 356z.48, 356z.49, 356z.50, 356z.51,

356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58, 356z.59,

356z.60, 356z.61, 356z.62, 356z.64, 356z.65, 356z.67, 356z.68,

364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c,

368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408,

408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection

(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2,

XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois

Insurance Code.

(b) For purposes of the Illinois Insurance Code, except

for Sections 444 and 444.1 and Articles XIII and XIII 1/2,

Health Maintenance Organizations in the following categories

are deemed to be "domestic companies":

(1) a corporation authorized under the Dental Service

Plan Act or the Voluntary Health Services Plans Act;

(2) a corporation organized under the laws of this

State; or

(3) a corporation organized under the laws of another

state, 30% or more of the enrollees of which are residents

of this State, except a corporation subject to

substantially the same requirements in its state of

organization as is a "domestic company" under Article VIII

1/2 of the Illinois Insurance Code.

(c) In considering the merger, consolidation, or other

acquisition of control of a Health Maintenance Organization

pursuant to Article VIII 1/2 of the Illinois Insurance Code,

(1) the Director shall give primary consideration to

the continuation of benefits to enrollees and the

financial conditions of the acquired Health Maintenance

Organization after the merger, consolidation, or other

acquisition of control takes effect;

(2)(i) the criteria specified in subsection (1)(b) of

Section 131.8 of the Illinois Insurance Code shall not

apply and (ii) the Director, in making his determination

with respect to the merger, consolidation, or other

acquisition of control, need not take into account the

effect on competition of the merger, consolidation, or

other acquisition of control;

(3) the Director shall have the power to require the

following information:

(A) certification by an independent actuary of the

adequacy of the reserves of the Health Maintenance

Organization sought to be acquired;

(B) pro forma financial statements reflecting the

combined balance sheets of the acquiring company and

the Health Maintenance Organization sought to be

acquired as of the end of the preceding year and as of

a date 90 days prior to the acquisition, as well as pro

forma financial statements reflecting projected

combined operation for a period of 2 years;

(C) a pro forma business plan detailing an

acquiring party's plans with respect to the operation

of the Health Maintenance Organization sought to be

acquired for a period of not less than 3 years; and

(D) such other information as the Director shall

require.

(d) The provisions of Article VIII 1/2 of the Illinois

Insurance Code and this Section 5-3 shall apply to the sale by

any health maintenance organization of greater than 10% of its

enrollee population (including, without limitation, the health

maintenance organization's right, title, and interest in and

to its health care certificates).

(e) In considering any management contract or service

agreement subject to Section 141.1 of the Illinois Insurance

Code, the Director (i) shall, in addition to the criteria

specified in Section 141.2 of the Illinois Insurance Code,

take into account the effect of the management contract or

service agreement on the continuation of benefits to enrollees

and the financial condition of the health maintenance

organization to be managed or serviced, and (ii) need not take

into account the effect of the management contract or service

agreement on competition.

(f) Except for small employer groups as defined in the

Small Employer Rating, Renewability and Portability Health

Insurance Act and except for medicare supplement policies as

defined in Section 363 of the Illinois Insurance Code, a

Health Maintenance Organization may by contract agree with a

group or other enrollment unit to effect refunds or charge

additional premiums under the following terms and conditions:

(i) the amount of, and other terms and conditions with

respect to, the refund or additional premium are set forth

in the group or enrollment unit contract agreed in advance

of the period for which a refund is to be paid or

additional premium is to be charged (which period shall

not be less than one year); and

(ii) the amount of the refund or additional premium

shall not exceed 20% of the Health Maintenance

Organization's profitable or unprofitable experience with

respect to the group or other enrollment unit for the

period (and, for purposes of a refund or additional

premium, the profitable or unprofitable experience shall

be calculated taking into account a pro rata share of the

Health Maintenance Organization's administrative and

marketing expenses, but shall not include any refund to be

made or additional premium to be paid pursuant to this

subsection (f)). The Health Maintenance Organization and

the group or enrollment unit may agree that the profitable

or unprofitable experience may be calculated taking into

account the refund period and the immediately preceding 2

plan years.

The Health Maintenance Organization shall include a

statement in the evidence of coverage issued to each enrollee

describing the possibility of a refund or additional premium,

and upon request of any group or enrollment unit, provide to

the group or enrollment unit a description of the method used

to calculate (1) the Health Maintenance Organization's

profitable experience with respect to the group or enrollment

unit and the resulting refund to the group or enrollment unit

or (2) the Health Maintenance Organization's unprofitable

experience with respect to the group or enrollment unit and

the resulting additional premium to be paid by the group or

enrollment unit.

In no event shall the Illinois Health Maintenance

Organization Guaranty Association be liable to pay any

contractual obligation of an insolvent organization to pay any

refund authorized under this Section.

(g) Rulemaking authority to implement Public Act 95-1045,

if any, is conditioned on the rules being adopted in

accordance with all provisions of the Illinois Administrative

Procedure Act and all rules and procedures of the Joint

Committee on Administrative Rules; any purported rule not so

adopted, for whatever reason, is unauthorized.

(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;

102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,

eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;

102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.

1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,

eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;

103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.

6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

eff. 1-1-24; 103-551, eff. 8-11-23; revised 8-29-23.)

Section 365. The Limited Health Service Organization Act

is amended by changing Sections 3006 and 4003 as follows:

(215 ILCS 130/3006) (from Ch. 73, par. 1503-6)

Sec. 3006. Changes in rate methodology and benefits;

material modifications; addition of limited health services.

(a) A limited health service organization shall file with

the Director prior to use, a notice of any change in rate

methodology, charges, or benefits and of any material

modification of any matter or document furnished pursuant to

Section 2001, together with such supporting documents as are

necessary to fully explain the change or modification.

(1) Contract modifications described in paragraphs (5)

and (6) of subsection (c) of Section 2001 shall include

all agreements between the organization and enrollees,

providers, administrators of services, and insurers of

limited health services; also other material transactions

or series of transactions, the total annual value of which

exceeds the greater of $100,000 or 5% of net earned

subscription revenue for the most current 12-month 12

month period as determined from filed financial

statements.

(2) Contract modification for reinsurance. Any

agreement between the organization and an insurer shall be

subject to the provisions of Article XI of the Illinois

Insurance Code, as now or hereafter amended. All

reinsurance agreements must be filed with the Director.

Approval of the Director in required agreements must be

filed. Approval of the director is required for all

agreements except individual stop loss, aggregate excess,

hospitalization benefits, or out-of-area of the

participating providers, unless 20% or more of the

organization's total risk is reinsured, in which case all

reinsurance agreements shall require approval.

(b) If a limited health service organization desires to

add one or more additional limited health services, it shall

file a notice with the Director and, at the same time, submit

the information required by Section 2001 if different from

that filed with the prepaid limited health service

organization's application. Issuance of such an amended

certificate of authority shall be subject to the conditions of

Section 2002 of this Act.

(c) In addition to any applicable provisions of this Act,

premium rate filings shall be subject to subsection (i) of

Section 355 of the Illinois Insurance Code.

(Source: P.A. 103-106, eff. 1-1-24; revised 1-2-24.)

(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, 155.49, 355.2,

355.3, 355b, 356q, 356v, 356z.4, 356z.4a, 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.53, 356z.54,

356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 364.3,

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. Nothing in

this Section shall require a limited health care plan to cover

any service that is not a limited health service. 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. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;

102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.

1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,

eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;

102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.

1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

eff. 1-1-24; revised 8-29-23.)

Section 370. 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.3a, 356z.4, 356z.4a, 356z.5,

356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,

356z.14, 356z.15, 356z.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.53, 356z.54,

356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,

356z.67, 356z.68, 364.01, 364.3, 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. 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; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804,

eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;

102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff.

1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,

eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;

103-551, eff. 8-11-23; revised 8-29-23.)

Section 375. The Public Utilities Act is amended by

changing Sections 8-205, 9-222.1A, and 9-229 as follows:

(220 ILCS 5/8-205) (from Ch. 111 2/3, par. 8-205)

Sec. 8-205. (a) Termination of gas and electric utility

service to all residential users, including all tenants of

mastermetered apartment buildings, for nonpayment of bills,

where gas or electricity is used as the only source of space

heating or to control or operate the only space heating

equipment at the residence is prohibited: ,

(1) on any day when the National Weather Service

forecast for the following 24 hours covering the area of

the utility in which the residence is located includes a

forecast that the temperature will be 32 degrees

Fahrenheit or below; or

(2) on any day preceding a holiday or a weekend when

such a forecast indicated that the temperature will be 32

degrees Fahrenheit or below during the holiday or weekend.

(b) If gas or electricity is used as the only source of

space cooling or to control or operate the only space cooling

equipment at a residence, then a utility may not terminate gas

or electric utility service to a residential user, including

all tenants of mastermetered apartment buildings, for

nonpayment of bills:

(1) on any day when the National Weather Service

forecast for the following 24 hours covering the area of

the utility in which the residence is located includes a

forecast that the temperature will be 90 degrees

Fahrenheit or above;

(2) on any day preceding a holiday or weekend when the

National Weather Service for the following 24 hours

covering the area of the utility in which the residence is

located includes a forecast that the temperature will be

90 degrees Fahrenheit or above during the holiday or

weekend; or

(3) when the National Weather Service issues an

excessive heat watch, heat advisory, or excessive heat

warning covering the area of the utility in which the

residence is located.

(Source: P.A. 103-19, eff. 1-1-24; revised 1-2-24.)

(220 ILCS 5/9-222.1A)

Sec. 9-222.1A. High impact business. Beginning on August

1, 1998 and thereafter, a business enterprise that is

certified as a High Impact Business by the Department of

Commerce and Economic Opportunity (formerly Department of

Commerce and Community Affairs) is exempt from the tax imposed

by Section 2-4 of the Electricity Excise Tax Law, if the High

Impact Business is registered to self-assess that tax, and is

exempt from any additional charges added to the business

enterprise's utility bills as a pass-on of State utility taxes

under Section 9-222 of this Act, to the extent the tax or

charges are exempted by the percentage specified by the

Department of Commerce and Economic Opportunity for State

utility taxes, provided the business enterprise meets the

following criteria:

(1) (A) it intends either (i) to make a minimum

eligible investment of $12,000,000 that will be placed

in service in qualified property in Illinois and is

intended to create at least 500 full-time equivalent

jobs at a designated location in Illinois; or (ii) to

make a minimum eligible investment of $30,000,000 that

will be placed in service in qualified property in

Illinois and is intended to retain at least 1,500

full-time equivalent jobs at a designated location in

Illinois; or

(B) it meets the criteria of subdivision

(a)(3)(B), (a)(3)(C), (a)(3)(D), (a)(3)(F), or

(a)(3)(G), or (a)(3)(H) of Section 5.5 of the Illinois

Enterprise Zone Act;

(2) it is designated as a High Impact Business by the

Department of Commerce and Economic Opportunity; and

(3) it is certified by the Department of Commerce and

Economic Opportunity as complying with the requirements

specified in clauses (1) and (2) of this Section.

The Department of Commerce and Economic Opportunity shall

determine the period during which the exemption from the

Electricity Excise Tax Law and the charges imposed under

Section 9-222 are in effect and shall specify the percentage

of the exemption from those taxes or additional charges.

The Department of Commerce and Economic Opportunity is

authorized to promulgate rules and regulations to carry out

the provisions of this Section, including procedures for

complying with the requirements specified in clauses (1) and

(2) of this Section and procedures for applying for the

exemptions authorized under this Section; to define the

amounts and types of eligible investments that business

enterprises must make in order to receive State utility tax

exemptions or exemptions from the additional charges imposed

under Section 9-222 and this Section; to approve such utility

tax exemptions for business enterprises whose investments are

not yet placed in service; and to require that business

enterprises granted tax exemptions or exemptions from

additional charges under Section 9-222 repay the exempted

amount if the business enterprise fails to comply with the

terms and conditions of the certification.

Upon certification of the business enterprises by the

Department of Commerce and Economic Opportunity, the

Department of Commerce and Economic Opportunity shall notify

the Department of Revenue of the certification. The Department

of Revenue shall notify the public utilities of the exemption

status of business enterprises from the tax or pass-on charges

of State utility taxes. The exemption status shall take effect

within 3 months after certification of the business

enterprise.

(Source: P.A. 102-1125, eff. 2-3-23; 103-9, eff. 6-7-23;

103-561, eff. 1-1-24; revised 11-21-23.)

(220 ILCS 5/9-229)

Sec. 9-229. Consideration of attorney and expert

compensation as an expense and intervenor compensation fund.

(a) The Commission shall specifically assess the justness

and reasonableness of any amount expended by a public utility

to compensate attorneys or technical experts to prepare and

litigate a general rate case filing. This issue shall be

expressly addressed in the Commission's final order.

(b) The State of Illinois shall create a Consumer

Intervenor Compensation Fund subject to the following:

(1) Provision of compensation for Consumer Interest

Representatives that intervene in Illinois Commerce

Commission proceedings will increase public engagement,

encourage additional transparency, expand the information

available to the Commission, and improve decision-making.

(2) As used in this Section, "Consumer interest

representative" means:

(A) a residential utility customer or group of

residential utility customers represented by a

not-for-profit group or organization registered with

the Illinois Attorney General under the Solicitation

for of Charity Act;

(B) representatives of not-for-profit groups or

organizations whose membership is limited to

residential utility customers; or

(C) representatives of not-for-profit groups or

organizations whose membership includes Illinois

residents and that address the community, economic,

environmental, or social welfare of Illinois

residents, except government agencies or intervenors

specifically authorized by Illinois law to participate

in Commission proceedings on behalf of Illinois

consumers.

(3) A consumer interest representative is eligible to

receive compensation from the consumer intervenor

compensation fund if its participation included lay or

expert testimony or legal briefing and argument concerning

the expenses, investments, rate design, rate impact, or

other matters affecting the pricing, rates, costs or other

charges associated with utility service, the Commission

adopts a material recommendation related to a significant

issue in the docket, and participation caused a

significant financial hardship to the participant;

however, no consumer interest representative shall be

eligible to receive an award pursuant to this Section if

the consumer interest representative receives any

compensation, funding, or donations, directly or

indirectly, from parties that have a financial interest in

the outcome of the proceeding.

(4) Within 30 days after September 15, 2021 (the

effective date of Public Act 102-662) this amendatory Act

of the 102nd General Assembly, each utility that files a

request for an increase in rates under Article IX or

Article XVI shall deposit an amount equal to one half of

the rate case attorney and expert expense allowed by the

Commission, but not to exceed $500,000, into the fund

within 35 days of the date of the Commission's final Order

in the rate case or 20 days after the denial of rehearing

under Section 10-113 of this Act, whichever is later. The

Consumer Intervenor Compensation Fund shall be used to

provide payment to consumer interest representatives as

described in this Section.

(5) An electric public utility with 3,000,000 or more

retail customers shall contribute $450,000 to the Consumer

Intervenor Compensation Fund within 60 days after

September 15, 2021 (the effective date of Public Act

102-662) this amendatory Act of the 102nd General

Assembly. A combined electric and gas public utility

serving fewer than 3,000,000 but more than 500,000 retail

customers shall contribute $225,000 to the Consumer

Intervenor Compensation Fund within 60 days after

September 15, 2021 (the effective date of Public Act

102-662) this amendatory Act of the 102nd General

Assembly. A gas public utility with 1,500,000 or more

retail customers that is not a combined electric and gas

public utility shall contribute $225,000 to the Consumer

Intervenor Compensation Fund within 60 days after

September 15, 2021 (the effective date of Public Act

102-662) this amendatory Act of the 102nd General

Assembly. A gas public utility with fewer than 1,500,000

retail customers but more than 300,000 retail customers

that is not a combined electric and gas public utility

shall contribute $80,000 to the Consumer Intervenor

Compensation Fund within 60 days after September 15, 2021

(the effective date of Public Act 102-662) this amendatory

Act of the 102nd General Assembly. A gas public utility

with fewer than 300,000 retail customers that is not a

combined electric and gas public utility shall contribute

$20,000 to the Consumer Intervenor Compensation Fund

within 60 days after September 15, 2021 (the effective

date of Public Act 102-662) this amendatory Act of the

102nd General Assembly. A combined electric and gas public

utility serving fewer than 500,000 retail customers shall

contribute $20,000 to the Consumer Intervenor Compensation

Fund within 60 days after September 15, 2021 (the

effective date of Public Act 102-662) this amendatory Act

of the 102nd General Assembly. A water or sewer public

utility serving more than 100,000 retail customers shall

contribute $80,000, and a water or sewer public utility

serving fewer than 100,000 but more than 10,000 retail

customers shall contribute $20,000.

(6)(A) Prior to the entry of a Final Order in a

docketed case, the Commission Administrator shall provide

a payment to a consumer interest representative that

demonstrates through a verified application for funding

that the consumer interest representative's participation

or intervention without an award of fees or costs imposes

a significant financial hardship based on a schedule to be

developed by the Commission. The Administrator may require

verification of costs incurred, including statements of

hours spent, as a condition to paying the consumer

interest representative prior to the entry of a Final

Order in a docketed case.

(B) If the Commission adopts a material recommendation

related to a significant issue in the docket and

participation caused a financial hardship to the

participant, then the consumer interest representative

shall be allowed payment for some or all of the consumer

interest representative's reasonable attorney's or

advocate's fees, reasonable expert witness fees, and other

reasonable costs of preparation for and participation in a

hearing or proceeding. Expenses related to travel or meals

shall not be compensable.

(C) The consumer interest representative shall submit

an itemized request for compensation to the Consumer

Intervenor Compensation Fund, including the advocate's or

attorney's reasonable fee rate, the number of hours

expended, reasonable expert and expert witness fees, and

other reasonable costs for the preparation for and

participation in the hearing and briefing within 30 days

of the Commission's final order after denial or decision

on rehearing, if any.

(7) Administration of the Fund.

(A) The Consumer Intervenor Compensation Fund is

created as a special fund in the State treasury. All

disbursements from the Consumer Intervenor Compensation

Fund shall be made only upon warrants of the Comptroller

drawn upon the Treasurer as custodian of the Fund upon

vouchers signed by the Executive Director of the

Commission or by the person or persons designated by the

Director for that purpose. The Comptroller is authorized

to draw the warrant upon vouchers so signed. The Treasurer

shall accept all warrants so signed and shall be released

from liability for all payments made on those warrants.

The Consumer Intervenor Compensation Fund shall be

administered by an Administrator that is a person or

entity that is independent of the Commission. The

administrator will be responsible for the prudent

management of the Consumer Intervenor Compensation Fund

and for recommendations for the award of consumer

intervenor compensation from the Consumer Intervenor

Compensation Fund. The Commission shall issue a request

for qualifications for a third-party program administrator

to administer the Consumer Intervenor Compensation Fund.

The third-party administrator shall be chosen through a

competitive bid process based on selection criteria and

requirements developed by the Commission. The Illinois

Procurement Code does not apply to the hiring or payment

of the Administrator. All Administrator costs may be paid

for using monies from the Consumer Intervenor Compensation

Fund, but the Program Administrator shall strive to

minimize costs in the implementation of the program.

(B) The computation of compensation awarded from the

fund shall take into consideration the market rates paid

to persons of comparable training and experience who offer

similar services, but may not exceed the comparable market

rate for services paid by the public utility as part of its

rate case expense.

(C)(1) Recommendations on the award of compensation by

the administrator shall include consideration of whether

the Commission adopted a material recommendation related

to a significant issue in the docket and whether

participation caused a financial hardship to the

participant and the payment of compensation is fair, just

and reasonable.

(2) Recommendations on the award of compensation by

the administrator shall be submitted to the Commission for

approval. Unless the Commission initiates an investigation

within 45 days after the notice to the Commission, the

award of compensation shall be allowed 45 days after

notice to the Commission. Such notice shall be given by

filing with the Commission on the Commission's e-docket

system, and keeping open for public inspection the award

for compensation proposed by the Administrator. The

Commission shall have power, and it is hereby given

authority, either upon complaint or upon its own

initiative without complaint, at once, and if it so

orders, without answer or other formal pleadings, but upon

reasonable notice, to enter upon a hearing concerning the

propriety of the award.

(c) The Commission may adopt rules to implement this

Section.

(Source: P.A. 102-662, eff. 9-15-21; revised 1-20-24.)

Section 380. The Child Care Act of 1969 is amended by

changing Sections 5.1, 7.2, and 18 as follows:

(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)

Sec. 5.1. (a) The Department shall ensure that no day care

center, group home, or child care institution as defined in

this Act shall on a regular basis transport a child or children

with any motor vehicle unless such vehicle is operated by a

person who complies with the following requirements:

1. is 21 years of age or older;

2. currently holds a valid driver's license, which has

not been revoked or suspended for one or more traffic

violations during the 3 years immediately prior to the

date of application;

3. demonstrates physical fitness to operate vehicles

by submitting the results of a medical examination

conducted by a licensed physician;

4. has not been convicted of more than 2 offenses

against traffic regulations governing the movement of

vehicles within a 12-month twelve month period;

5. has not been convicted of reckless driving or

driving under the influence or manslaughter or reckless

homicide resulting from the operation of a motor vehicle

within the past 3 years;

6. has signed and submitted a written statement

certifying that the person has not, through the unlawful

operation of a motor vehicle, caused a crash which

resulted in the death of any person within the 5 years

immediately prior to the date of application.

However, such day care centers, group homes, and child

care institutions may provide for transportation of a child or

children for special outings, functions, or purposes that are

not scheduled on a regular basis without verification that

drivers for such purposes meet the requirements of this

Section.

(a-5) As a means of ensuring compliance with the

requirements set forth in subsection (a), the Department shall

implement appropriate measures to verify that every individual

who is employed at a group home or child care institution meets

those requirements.

For every person employed at a group home or child care

institution who regularly transports children in the course of

performing the person's duties, the Department must make the

verification every 2 years. Upon the Department's request, the

Secretary of State shall provide the Department with the

information necessary to enable the Department to make the

verifications required under subsection (a).

In the case of an individual employed at a group home or

child care institution who becomes subject to subsection (a)

for the first time after January 1, 2007 (the effective date of

Public Act 94-943) this amendatory Act of the 94th General

Assembly, the Department must make that verification with the

Secretary of State before the individual operates a motor

vehicle to transport a child or children under the

circumstances described in subsection (a).

In the case of an individual employed at a group home or

child care institution who is subject to subsection (a) on

January 1, 2007 (the effective date of Public Act 94-943) this

amendatory Act of the 94th General Assembly, the Department

must make that verification with the Secretary of State within

30 days after January 1, 2007 that effective date.

If the Department discovers that an individual fails to

meet the requirements set forth in subsection (a), the

Department shall promptly notify the appropriate group home or

child care institution.

(b) Any individual who holds a valid Illinois school bus

driver permit issued by the Secretary of State pursuant to the

The Illinois Vehicle Code, and who is currently employed by a

school district or parochial school, or by a contractor with a

school district or parochial school, to drive a school bus

transporting children to and from school, shall be deemed in

compliance with the requirements of subsection (a).

(c) The Department may, pursuant to Section 8 of this Act,

revoke the license of any day care center, group home, or child

care institution that fails to meet the requirements of this

Section.

(d) A group home or child care institution that fails to

meet the requirements of this Section is guilty of a petty

offense and is subject to a fine of not more than $1,000. Each

day that a group home or child care institution fails to meet

the requirements of this Section is a separate offense.

(Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;

revised 9-21-23.)

(225 ILCS 10/7.2) (from Ch. 23, par. 2217.2)

Sec. 7.2. Employer discrimination.

(a) For purposes of this Section: ,

"Employer" "employer" means a licensee or holder of a

permit subject to this Act.

"Employee" means an employee of such an employer.

(b) No employer shall discharge, demote, or suspend, or

threaten to discharge, demote, or suspend, or in any manner

discriminate against any employee who:

(1) Makes any good faith oral or written complaint of

any employer's violation of any licensing or other laws

(including, but not limited to, laws concerning child

abuse or the transportation of children) which may result

in closure of the facility pursuant to Section 11.2 of

this Act to the Department or other agency having

statutory responsibility for the enforcement of such laws

or to the employer or representative of the employer;

(2) Institutes or causes to be instituted against any

employer any proceeding concerning the violation of any

licensing or other laws, including a proceeding to revoke

or to refuse to renew a license under Section 9 of this

Act;

(3) Is or will be a witness or testify in any

proceeding concerning the violation of any licensing or

other laws, including a proceeding to revoke or to refuse

to renew a license under Section 9 of this Act; or

(4) Refuses to perform work in violation of a

licensing or other law or regulation after notifying the

employer of the violation.

(c)(1) A claim by an employee alleging an employer's

violation of subsection (b) of this Section shall be presented

to the employer within 30 days after the date of the action

complained of and shall be filed with the Department of Labor

within 60 days after the date of the action complained of.

(2) Upon receipt of the complaint, the Department of Labor

shall conduct whatever investigation it deems appropriate, and

may hold a hearing. After investigation or hearing, the

Department of Labor shall determine whether the employer has

violated subsection (b) of this Section and it shall notify

the employer and the employee of its determination.

(3) If the Department of Labor determines that the

employer has violated subsection (b) of this Section, and the

employer refuses to take remedial action to comply with the

determination, the Department of Labor shall so notify the

Attorney General, who shall bring an action against the

employer in the circuit court seeking enforcement of its

determination. The court may order any appropriate relief,

including rehiring and reinstatement of the employee to the

person's former position with backpay and other benefits.

(d) Except for any grievance procedure, arbitration, or

hearing which is available to the employee pursuant to a

collective bargaining agreement, this Section shall be the

exclusive remedy for an employee complaining of any action

described in subsection (b).

(e) Any employer who willfully refuses to rehire, promote,

or otherwise restore an employee or former employee who has

been determined eligible for rehiring or promotion as a result

of any grievance procedure, arbitration, or hearing authorized

by law shall be guilty of a Class A misdemeanor.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)

(225 ILCS 10/18) (from Ch. 23, par. 2228)

Sec. 18. Any person, group of persons, association, or

corporation who:

(1) conducts, operates, or acts as a child care facility

without a license or permit to do so in violation of Section 3

of this Act;

(2) makes materially false statements in order to obtain a

license or permit;

(3) fails to keep the records and make the reports

provided under this Act;

(4) advertises any service not authorized by license or

permit held;

(5) publishes any advertisement in violation of this Act;

(6) receives within this State any child in violation of

Section 16 of this Act; or

(7) violates any other provision of this Act or any

reasonable rule or regulation adopted and published by the

Department for the enforcement of the provisions of this Act,

is guilty of a Class A misdemeanor and in case of an

association or corporation, imprisonment may be imposed upon

its officers who knowingly participated in the violation.

Any child care facility that continues to operate after

its license is revoked under Section 8 of this Act or after its

license expires and the Department refused to renew the

license as provided in Section 8 of this Act is guilty of a

business offense and shall be fined an amount in excess of $500

but not exceeding $10,000, and each day of violation is a

separate offense.

In a prosecution under this Act, a defendant who relies

upon the relationship of any child to the defendant has the

burden of proof as to that relationship.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)

Section 385. The Illinois Dental Practice Act is amended

by changing Sections 4 and 17 as follows:

(225 ILCS 25/4)

(Section scheduled to be repealed on January 1, 2026)

Sec. 4. Definitions. As used in this Act:

"Address of record" means the designated address recorded

by the Department in the applicant's or licensee's application

file or license file as maintained by the Department's

licensure maintenance unit. It is the duty of the applicant or

licensee to inform the Department of any change of address and

those changes must be made either through the Department's

website or by contacting the Department.

"Department" means the Department of Financial and

Professional Regulation.

"Secretary" means the Secretary of Financial and

Professional Regulation.

"Board" means the Board of Dentistry.

"Dentist" means a person who has received a general

license pursuant to paragraph (a) of Section 11 of this Act and

who may perform any intraoral and extraoral procedure required

in the practice of dentistry and to whom is reserved the

responsibilities specified in Section 17.

"Dental hygienist" means a person who holds a license

under this Act to perform dental services as authorized by

Section 18.

"Dental assistant" means an appropriately trained person

who, under the supervision of a dentist, provides dental

services as authorized by Section 17.

"Expanded function dental assistant" means a dental

assistant who has completed the training required by Section

17.1 of this Act.

"Dental laboratory" means a person, firm, or corporation

which:

(i) engages in making, providing, repairing, or

altering dental prosthetic appliances and other artificial

materials and devices which are returned to a dentist for

insertion into the human oral cavity or which come in

contact with its adjacent structures and tissues; and

(ii) utilizes or employs a dental technician to

provide such services; and

(iii) performs such functions only for a dentist or

dentists.

"Supervision" means supervision of a dental hygienist or a

dental assistant requiring that a dentist authorize the

procedure, remain in the dental facility while the procedure

is performed, and approve the work performed by the dental

hygienist or dental assistant before dismissal of the patient,

but does not mean that the dentist must be present at all times

in the treatment room.

"General supervision" means supervision of a dental

hygienist requiring that the patient be a patient of record,

that the dentist examine the patient in accordance with

Section 18 prior to treatment by the dental hygienist, and

that the dentist authorize the procedures which are being

carried out by a notation in the patient's record, but not

requiring that a dentist be present when the authorized

procedures are being performed. The issuance of a prescription

to a dental laboratory by a dentist does not constitute

general supervision.

"Public member" means a person who is not a health

professional. For purposes of board membership, any person

with a significant financial interest in a health service or

profession is not a public member.

"Dentistry" means the healing art which is concerned with

the examination, diagnosis, treatment planning, and care of

conditions within the human oral cavity and its adjacent

tissues and structures, as further specified in Section 17.

"Branches of dentistry" means the various specialties of

dentistry which, for purposes of this Act, shall be limited to

the following: endodontics, oral and maxillofacial surgery,

orthodontics and dentofacial orthopedics, pediatric dentistry,

periodontics, prosthodontics, oral and maxillofacial

radiology, and dental anesthesiology.

"Specialist" means a dentist who has received a specialty

license pursuant to Section 11(b).

"Dental technician" means a person who owns, operates, or

is employed by a dental laboratory and engages in making,

providing, repairing, or altering dental prosthetic appliances

and other artificial materials and devices which are returned

to a dentist for insertion into the human oral cavity or which

come in contact with its adjacent structures and tissues.

"Impaired dentist" or "impaired dental hygienist" means a

dentist or dental hygienist who is unable to practice with

reasonable skill and safety because of a physical or mental

disability as evidenced by a written determination or written

consent based on clinical evidence, including deterioration

through the aging process, loss of motor skills, abuse of

drugs or alcohol, or a psychiatric disorder, of sufficient

degree to diminish the person's ability to deliver competent

patient care.

"Nurse" means a registered professional nurse, a certified

registered nurse anesthetist licensed as an advanced practice

registered nurse, or a licensed practical nurse licensed under

the Nurse Practice Act.

"Patient of record" means a patient for whom the patient's

most recent dentist has obtained a relevant medical and dental

history and on whom the dentist has performed an examination

and evaluated the condition to be treated.

"Dental responder" means a dentist or dental hygienist who

is appropriately certified in disaster preparedness,

immunizations, and dental humanitarian medical response

consistent with the Society of Disaster Medicine and Public

Health and training certified by the National Incident

Management System or the National Disaster Life Support

Foundation.

"Mobile dental van or portable dental unit" means any

self-contained or portable dental unit in which dentistry is

practiced that can be moved, towed, or transported from one

location to another in order to establish a location where

dental services can be provided.

"Public health dental hygienist" means a hygienist who

holds a valid license to practice in the State, has 2 years of

full-time clinical experience or an equivalent of 4,000 hours

of clinical experience, and has completed at least 42 clock

hours of additional structured courses in dental education in

advanced areas specific to public health dentistry.

"Public health setting" means a federally qualified health

center; a federal, State, or local public health facility;

Head Start; a special supplemental nutrition program for

Women, Infants, and Children (WIC) facility; a certified

school-based health center or school-based oral health

program; a prison; or a long-term care facility.

"Public health supervision" means the supervision of a

public health dental hygienist by a licensed dentist who has a

written public health supervision agreement with that public

health dental hygienist while working in an approved facility

or program that allows the public health dental hygienist to

treat patients, without a dentist first examining the patient

and being present in the facility during treatment, (1) who

are eligible for Medicaid or (2) who are uninsured or whose

household income is not greater than 300% of the federal

poverty level.

"Teledentistry" means the use of telehealth systems and

methodologies in dentistry and includes patient care and

education delivery using synchronous and asynchronous

communications under a dentist's authority as provided under

this Act.

(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;

102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.

1-1-24; revised 12-15-23.)

(225 ILCS 25/17)

(Section scheduled to be repealed on January 1, 2026)

Sec. 17. Acts constituting the practice of dentistry. A

person practices dentistry, within the meaning of this Act:

(1) Who represents himself or herself as being able to

diagnose or diagnoses, treats, prescribes, or operates for

any disease, pain, deformity, deficiency, injury, or

physical condition of the human tooth, teeth, alveolar

process, gums, or jaw; or

(2) Who is a manager, proprietor, operator, or

conductor of a business where dental operations are

performed; or

(3) Who performs dental operations of any kind; or

(4) Who uses an X-Ray machine or X-Ray films for

dental diagnostic purposes; or

(5) Who extracts a human tooth or teeth, or corrects

or attempts to correct malpositions of the human teeth or

jaws; or

(6) Who offers or undertakes, by any means or method,

to diagnose, treat, or remove stains, calculus, and

bonding materials from human teeth or jaws; or

(7) Who uses or administers local or general

anesthetics in the treatment of dental or oral diseases or

in any preparation incident to a dental operation of any

kind or character; or

(8) Who takes material or digital scans for final

impressions of the human tooth, teeth, or jaws or performs

any phase of any operation incident to the replacement of

a part of a tooth, a tooth, teeth, or associated tissues by

means of a filling, a crown, a bridge, a denture, or other

appliance; or

(9) Who offers to furnish, supply, construct,

reproduce, or repair, or who furnishes, supplies,

constructs, reproduces, or repairs, prosthetic dentures,

bridges, or other substitutes for natural teeth, to the

user or prospective user thereof; or

(10) Who instructs students on clinical matters or

performs any clinical operation included in the curricula

of recognized dental schools and colleges; or

(11) Who takes material or digital scans for final

impressions of human teeth or places his or her hands in

the mouth of any person for the purpose of applying teeth

whitening materials, or who takes impressions of human

teeth or places his or her hands in the mouth of any person

for the purpose of assisting in the application of teeth

whitening materials. A person does not practice dentistry

when he or she discloses to the consumer that he or she is

not licensed as a dentist under this Act and (i) discusses

the use of teeth whitening materials with a consumer

purchasing these materials; (ii) provides instruction on

the use of teeth whitening materials with a consumer

purchasing these materials; or (iii) provides appropriate

equipment on-site to the consumer for the consumer to

self-apply teeth whitening materials.

The fact that any person engages in or performs, or offers

to engage in or perform, any of the practices, acts, or

operations set forth in this Section, shall be prima facie

evidence that such person is engaged in the practice of

dentistry.

The following practices, acts, and operations, however,

are exempt from the operation of this Act:

(a) The rendering of dental relief in emergency cases

in the practice of his or her profession by a physician or

surgeon, licensed as such under the laws of this State,

unless he or she undertakes to reproduce or reproduces

lost parts of the human teeth in the mouth or to restore or

replace lost or missing teeth in the mouth; or

(b) The practice of dentistry in the discharge of

their official duties by dentists in any branch of the

Armed Services of the United States, the United States

Public Health Service, or the United States Veterans

Administration; or

(c) The practice of dentistry by students in their

course of study in dental schools or colleges approved by

the Department, when acting under the direction and

supervision of dentists acting as instructors; or

(d) The practice of dentistry by clinical instructors

in the course of their teaching duties in dental schools

or colleges approved by the Department:

(i) when acting under the direction and

supervision of dentists, provided that such clinical

instructors have instructed continuously in this State

since January 1, 1986; or

(ii) when holding the rank of full professor at

such approved dental school or college and possessing

a current valid license or authorization to practice

dentistry in another country; or

(e) The practice of dentistry by licensed dentists of

other states or countries at meetings of the Illinois

State Dental Society or component parts thereof, alumni

meetings of dental colleges, or any other like dental

organizations, while appearing as clinicians; or

(f) The use of X-Ray machines for exposing X-Ray films

of dental or oral tissues by dental hygienists or dental

assistants; or

(g) The performance of any dental service by a dental

assistant, if such service is performed under the

supervision and full responsibility of a dentist. In

addition, after being authorized by a dentist, a dental

assistant may, for the purpose of eliminating pain or

discomfort, remove loose, broken, or irritating

orthodontic appliances on a patient of record.

For purposes of this paragraph (g), "dental service"

is defined to mean any intraoral procedure or act which

shall be prescribed by rule or regulation of the

Department. "Dental service", however, shall not include:

(1) Any and all diagnosis of or prescription for

treatment of disease, pain, deformity, deficiency,

injury, or physical condition of the human teeth or

jaws, or adjacent structures.

(2) Removal of, restoration of, or addition to the

hard or soft tissues of the oral cavity, except for the

placing, carving, and finishing of amalgam

restorations and placing, packing, and finishing

composite restorations by dental assistants who have

had additional formal education and certification.

A dental assistant may place, carve, and finish

amalgam restorations, place, pack, and finish

composite restorations, and place interim restorations

if he or she (A) has successfully completed a

structured training program as described in item (2)

of subsection (g) provided by an educational

institution accredited by the Commission on Dental

Accreditation, such as a dental school or dental

hygiene or dental assistant program, or (B) has at

least 4,000 hours of direct clinical patient care

experience and has successfully completed a structured

training program as described in item (2) of

subsection (g) provided by a statewide dental

association, approved by the Department to provide

continuing education, that has developed and conducted

training programs for expanded functions for dental

assistants or hygienists. The training program must:

(i) include a minimum of 16 hours of didactic study and

14 hours of clinical manikin instruction; all training

programs shall include areas of study in nomenclature,

caries classifications, oral anatomy, periodontium,

basic occlusion, instrumentations, pulp protection

liners and bases, dental materials, matrix and wedge

techniques, amalgam placement and carving, rubber dam

clamp placement, and rubber dam placement and removal;

(ii) include an outcome assessment examination that

demonstrates competency; (iii) require the supervising

dentist to observe and approve the completion of 8

amalgam or composite restorations; and (iv) issue a

certificate of completion of the training program,

which must be kept on file at the dental office and be

made available to the Department upon request. A

dental assistant must have successfully completed an

approved coronal polishing and dental sealant course

prior to taking the amalgam and composite restoration

course.

A dentist utilizing dental assistants shall not

supervise more than 4 dental assistants at any one

time for placing, carving, and finishing of amalgam

restorations or for placing, packing, and finishing

composite restorations.

(3) Any and all correction of malformation of

teeth or of the jaws.

(4) Administration of anesthetics, except for

monitoring of nitrous oxide, conscious sedation, deep

sedation, and general anesthetic as provided in

Section 8.1 of this Act, that may be performed only

after successful completion of a training program

approved by the Department. A dentist utilizing dental

assistants shall not supervise more than 4 dental

assistants at any one time for the monitoring of

nitrous oxide.

(5) Removal of calculus from human teeth.

(6) Taking of material or digital scans for final

impressions for the fabrication of prosthetic

appliances, crowns, bridges, inlays, onlays, or other

restorative or replacement dentistry.

(7) The operative procedure of dental hygiene

consisting of oral prophylactic procedures, except for

coronal polishing and pit and fissure sealants, which

may be performed by a dental assistant who has

successfully completed a training program approved by

the Department. Dental assistants may perform coronal

polishing under the following circumstances: (i) the

coronal polishing shall be limited to polishing the

clinical crown of the tooth and existing restorations,

supragingivally; (ii) the dental assistant performing

the coronal polishing shall be limited to the use of

rotary instruments using a rubber cup or brush

polishing method (air polishing is not permitted); and

(iii) the supervising dentist shall not supervise more

than 4 dental assistants at any one time for the task

of coronal polishing or pit and fissure sealants.

In addition to coronal polishing and pit and

fissure sealants as described in this item (7), a

dental assistant who has at least 2,000 hours of

direct clinical patient care experience and who has

successfully completed a structured training program

provided by (1) an educational institution including,

but not limited to, a dental school or dental hygiene

or dental assistant program, (2) a continuing

education provider approved by the Department, or (3)

a statewide dental or dental hygienist association

that has developed and conducted a training program

for expanded functions for dental assistants or

hygienists may perform: (A) coronal scaling above the

gum line, supragingivally, on the clinical crown of

the tooth only on patients 17 years of age or younger

who have an absence of periodontal disease and who are

not medically compromised or individuals with special

needs and (B) intracoronal temporization of a tooth.

The training program must: (I) include a minimum of 32

hours of instruction in both didactic and clinical

manikin or human subject instruction; all training

programs shall include areas of study in dental

anatomy, public health dentistry, medical history,

dental emergencies, and managing the pediatric

patient; (II) include an outcome assessment

examination that demonstrates competency; (III)

require the supervising dentist to observe and approve

the completion of 6 full mouth supragingival scaling

procedures unless the training was received as part of

a Commission on Dental Accreditation approved dental

assistant program; and (IV) issue a certificate of

completion of the training program, which must be kept

on file at the dental office and be made available to

the Department upon request. A dental assistant must

have successfully completed an approved coronal

polishing course prior to taking the coronal scaling

course. A dental assistant performing these functions

shall be limited to the use of hand instruments only.

In addition, coronal scaling as described in this

paragraph shall only be utilized on patients who are

eligible for Medicaid, who are uninsured, or whose

household income is not greater than 300% of the

federal poverty level. A dentist may not supervise

more than 2 dental assistants at any one time for the

task of coronal scaling. This paragraph is inoperative

on and after January 1, 2026.

The limitations on the number of dental assistants a

dentist may supervise contained in items (2), (4), and (7)

of this paragraph (g) mean a limit of 4 total dental

assistants or dental hygienists doing expanded functions

covered by these Sections being supervised by one dentist;

or

(h) The practice of dentistry by an individual who:

(i) has applied in writing to the Department, in

form and substance satisfactory to the Department, for

a general dental license and has complied with all

provisions of Section 9 of this Act, except for the

passage of the examination specified in subsection (e)

of Section 9 of this Act; or

(ii) has applied in writing to the Department, in

form and substance satisfactory to the Department, for

a temporary dental license and has complied with all

provisions of subsection (c) of Section 11 of this

Act; and

(iii) has been accepted or appointed for specialty

or residency training by a hospital situated in this

State; or

(iv) has been accepted or appointed for specialty

training in an approved dental program situated in

this State; or

(v) has been accepted or appointed for specialty

training in a dental public health agency situated in

this State.

The applicant shall be permitted to practice dentistry

for a period of 3 months from the starting date of the

program, unless authorized in writing by the Department to

continue such practice for a period specified in writing

by the Department.

The applicant shall only be entitled to perform such

acts as may be prescribed by and incidental to his or her

program of residency or specialty training and shall not

otherwise engage in the practice of dentistry in this

State.

The authority to practice shall terminate immediately

upon:

(1) the decision of the Department that the

applicant has failed the examination; or

(2) denial of licensure by the Department; or

(3) withdrawal of the application.

(Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23;

103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)

Section 390. The Health Care Worker Background Check Act

is amended by changing Section 25 as follows:

(225 ILCS 46/25)

Sec. 25. Hiring of people with criminal records by health

care employers and long-term care facilities.

(a) A health care employer or long-term care facility may

hire, employ, or retain any individual in a position involving

direct care for clients, patients, or residents, or access to

the living quarters or the financial, medical, or personal

records of clients, patients, or residents who has been

convicted of committing or attempting to commit one or more of

the following offenses under the laws of this State, or of an

offense that is substantially equivalent to the following

offenses under the laws of any other state or of the laws of

the United States, as verified by court records, records from

a state agency, or a Federal Bureau of Investigation criminal

history records check, only with a waiver described in Section

40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,

9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1,

10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30,

11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3,

11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,

12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,

12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,

12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5,

12-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,

16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3,

19-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8,

24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or

in subsection (a) of Section 12-3 or subsection (a) or (b) of

Section 12-4.4a, of the Criminal Code of 1961 or the Criminal

Code of 2012; those provided in Section 4 of the Wrongs to

Children Act; those provided in Section 53 of the Criminal

Jurisprudence Act; those defined in subsection (c), (d), (e),

(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the

Cannabis Control Act; those defined in the Methamphetamine

Control and Community Protection Act; those defined in

Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the

Illinois Controlled Substances Act; or subsection (a) of

Section 3.01, Section 3.02, or Section 3.03 of the Humane Care

for Animals Act.

(a-1) A health care employer or long-term care facility

may hire, employ, or retain any individual in a position

involving direct care for clients, patients, or residents, or

access to the living quarters or the financial, medical, or

personal records of clients, patients, or residents who has

been convicted of committing or attempting to commit one or

more of the following offenses under the laws of this State, or

of an offense that is substantially equivalent to the

following offenses under the laws of any other state or of the

laws of the United States, as verified by court records,

records from a state agency, or a Federal Bureau of

Investigation criminal history records check, only with a

waiver described in Section 40: those offenses defined in

Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33,

17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6,

24-3.2, or 24-3.3, or subsection (b) of Section 17-32,

subsection (b) of Section 18-1, or subsection (b) of Section

20-1, of the Criminal Code of 1961 or the Criminal Code of

2012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card

and Debit Card Act; or Section 11-9.1A of the Criminal Code of

1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs

to Children Act; or (ii) violated Section 50-50 of the Nurse

Practice Act.

A health care employer is not required to retain an

individual in a position with duties involving direct care for

clients, patients, or residents, and no long-term care

facility is required to retain an individual in a position

with duties that involve or may involve contact with residents

or access to the living quarters or the financial, medical, or

personal records of residents, who has been convicted of

committing or attempting to commit one or more of the offenses

enumerated in this subsection.

(b) A health care employer shall not hire, employ, or

retain, whether paid or on a volunteer basis, any individual

in a position with duties involving direct care of clients,

patients, or residents, and no long-term care facility shall

knowingly hire, employ, or retain, whether paid or on a

volunteer basis, any individual in a position with duties that

involve or may involve contact with residents or access to the

living quarters or the financial, medical, or personal records

of residents, if the health care employer becomes aware that

the individual has been convicted in another state of

committing or attempting to commit an offense that has the

same or similar elements as an offense listed in subsection

(a) or (a-1), as verified by court records, records from a

state agency, or an FBI criminal history record check, unless

the applicant or employee obtains a waiver pursuant to Section

40 of this Act. This shall not be construed to mean that a

health care employer has an obligation to conduct a criminal

history records check in other states in which an employee has

resided.

(c) A health care employer shall not hire, employ, or

retain, whether paid or on a volunteer basis, any individual

in a position with duties involving direct care of clients,

patients, or residents, who has a finding by the Department of

abuse, neglect, misappropriation of property, or theft denoted

on the Health Care Worker Registry.

(d) A health care employer shall not hire, employ, or

retain, whether paid or on a volunteer basis, any individual

in a position with duties involving direct care of clients,

patients, or residents if the individual has a verified and

substantiated finding of abuse, neglect, or financial

exploitation, as identified within the Adult Protective

Service Registry established under Section 7.5 of the Adult

Protective Services Act.

(e) A health care employer shall not hire, employ, or

retain, whether paid or on a volunteer basis, any individual

in a position with duties involving direct care of clients,

patients, or residents who has a finding by the Department of

Human Services denoted on the Health Care Worker Registry of

physical or sexual abuse, financial exploitation, egregious

neglect, or material obstruction of an investigation.

(Source: P.A. 103-76, eff. 6-9-23; 103-428, eff. 1-1-24;

revised 12-15-23.)

Section 395. The Music Therapy Licensing and Practice Act

is amended by changing Section 95 as follows:

(225 ILCS 56/95)

(Section scheduled to be repealed on January 1, 2028)

Sec. 95. Grounds for discipline.

(a) The Department may refuse to issue, renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or nondisciplinary action as the Department deems

appropriate, including the issuance of fines not to exceed

$10,000 for each violation, with regard to any license for any

one or more of the following:

(1) Material misstatement in furnishing information to

the Department or to any other State agency.

(2) Violations or negligent or intentional disregard

of this Act, or any of its rules.

(3) Conviction by 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 (i) that is a felony or

(ii) that is a misdemeanor, an essential element of which

is dishonesty, or that is directly related to the practice

of music therapy.

(4) Making any misrepresentation for the purpose of

obtaining a license, or violating any provision of this

Act or its rules.

(5) Negligence in the rendering of music therapy

services.

(6) Aiding or assisting another person in violating

any provision of this Act or any of its rules.

(7) Failing to provide information within 60 days in

response to a written request made by the Department.

(8) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public and violating the rules of

professional conduct adopted by the Department.

(9) Failing to maintain the confidentiality of any

information received from a client, unless otherwise

authorized or required by law.

(10) Failure to maintain client records of services

provided and provide copies to clients upon request.

(11) Exploiting a client for personal advantage,

profit, or interest.

(12) Habitual or excessive use or addiction to

alcohol, narcotics, stimulants, or any other chemical

agent or drug which results in inability to practice with

reasonable skill, judgment, or safety.

(13) Discipline by another governmental agency or unit

of government, by any jurisdiction of the United States,

or by a foreign nation, if at least one of the grounds for

the discipline is the same or substantially equivalent to

those set forth in this Section.

(14) Directly or indirectly giving to or receiving

from any person, firm, corporation, partnership, or

association any fee, commission, rebate, or other form of

compensation for any professional service not actually

rendered. Nothing in this paragraph affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this

Act. Nothing in this paragraph shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(15) A finding by the Department that the licensee,

after having the license placed on probationary status,

has violated the terms of probation.

(16) Failing to refer a client to other health care

professionals when the licensee is unable or unwilling to

adequately support or serve the client.

(17) Willfully filing false reports relating to a

licensee's practice, including, but not limited to, false

records filed with federal or State agencies or

departments.

(18) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(19) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

pursuant to 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.

(20) Physical or mental disability, including

deterioration through the aging process or loss of

abilities and skills which results in the inability to

practice the profession with reasonable judgment, skill,

or safety.

(21) Solicitation of professional services by using

false or misleading advertising.

(22) Fraud or making any misrepresentation in applying

for or procuring a license under this Act or in connection

with applying for renewal of a license under this Act.

(23) Practicing or attempting to practice under a name

other than the full name as shown on the license or any

other legally authorized name.

(24) Gross overcharging for professional services,

including filing statements for collection of fees or

moneys for which services are not rendered.

(25) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

(26) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act.

(b) The determination by a court that a licensee is

subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code shall result in an automatic suspension of the licensee's

license. The suspension will end upon a finding by a court that

the licensee is no longer subject to involuntary admission or

judicial admission, the issuance of an order so finding and

discharging the patient, and the determination of the

Secretary that the licensee be allowed to resume professional

practice.

(c) The Department may refuse to issue or renew or may

suspend without hearing the license of any person who fails to

file a return, to pay the tax penalty or interest shown in a

filed return, or to pay any final assessment of the tax,

penalty, or interest as required by any Act regarding the

payment of taxes administered by the Department of Revenue

until the requirements of the Act are satisfied in accordance

with subsection (g) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code

of Illinois.

(d) In cases where the Department of Healthcare and Family

Services has previously determined that a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person

based solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance

with paragraph (5) of subsection (a) of Section 2105-15 of the

Department of Professional Regulation Law of the Civil

Administrative Code of Illinois.

(e) All fines or costs imposed under this Section shall be

paid within 60 days after the effective date of the order

imposing the fine or costs or in accordance with the terms set

forth in the order imposing the fine.

(Source: P.A. 102-993, eff. 5-27-22; revised 1-3-24.)

Section 400. The Licensed Certified Professional Midwife

Practice Act is amended by changing Section 100 as follows:

(225 ILCS 64/100)

(Section scheduled to be repealed on January 1, 2027)

Sec. 100. Grounds for disciplinary action.

(a) The Department may refuse to issue or to renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action with regard to any

license issued under this Act as the Department may deem

proper, including the issuance of fines not to exceed $10,000

for each violation, for any one or combination of the

following causes:

(1) Material misstatement in furnishing information to

the Department.

(2) Violations of this Act, or the rules adopted under

this Act.

(3) Conviction by 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 that is: (i) a felony;

or (ii) a misdemeanor, an essential element of which is

dishonesty, or that is directly related to the practice of

the profession.

(4) Making any misrepresentation for the purpose of

obtaining licenses.

(5) Professional incompetence.

(6) Aiding or assisting another person in violating

any provision of this Act or its rules.

(7) Failing, within 60 days, to provide information in

response to a written request made by the Department.

(8) Engaging in dishonorable, unethical, or

unprofessional conduct, as defined by rule, of a character

likely to deceive, defraud, or harm the public.

(9) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in a midwife's inability to practice with

reasonable judgment, skill, or safety.

(10) Discipline by another U.S. jurisdiction or

foreign nation, if at least one of the grounds for

discipline is the same or substantially equivalent to

those set forth in this Section.

(11) Directly or indirectly giving to or receiving

from any person, firm, corporation, partnership, or

association any fee, commission, rebate or other form of

compensation for any professional services not actually or

personally rendered. Nothing in this paragraph affects any

bona fide independent contractor or employment

arrangements, including provisions for compensation,

health insurance, pension, or other employment benefits,

with persons or entities authorized under this Act for the

provision of services within the scope of the licensee's

practice under this Act.

(12) A finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation.

(13) Abandonment of a patient.

(14) Willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with state agencies or

departments.

(15) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(16) Physical illness, or mental illness or impairment

that results in the inability to practice the profession

with reasonable judgment, skill, or safety, including, but

not limited to, deterioration through the aging process or

loss of motor skill.

(17) 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.

(18) Gross negligence resulting in permanent injury or

death of a patient.

(19) Employment of fraud, deception, or any unlawful

means in applying for or securing a license as a licensed

certified professional profession midwife.

(21) Immoral conduct in the commission of any act,

including sexual abuse, sexual misconduct, or sexual

exploitation related to the licensee's practice.

(22) Violation of the Health Care Worker Self-Referral

Act.

(23) Practicing under a false or assumed name, except

as provided by law.

(24) Making a false or misleading statement regarding

his or her skill or the efficacy or value of the medicine,

treatment, or remedy prescribed by him or her in the

course of treatment.

(25) Allowing another person to use his or her license

to practice.

(26) Prescribing, selling, administering,

distributing, giving, or self-administering a drug

classified as a controlled substance for purposes other

than medically accepted medically-accepted therapeutic

purposes.

(27) Promotion of the sale of drugs, devices,

appliances, or goods provided for a patient in a manner to

exploit the patient for financial gain.

(28) A pattern of practice or other behavior that

demonstrates incapacity or incompetence to practice under

this Act.

(29) Violating State or federal laws, rules, or

regulations relating to controlled substances or other

legend drugs or ephedra as defined in the Ephedra

Prohibition Act.

(30) Failure to establish and maintain records of

patient care and treatment as required by law.

(31) Attempting to subvert or cheat on the examination

of the North American Registry of Midwives or its

successor agency.

(32) Willfully or negligently violating the

confidentiality between licensed certified professional

profession midwives and patient, except as required by

law.

(33) 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.

(34) 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.

(35) Failure to report to the Department an adverse

final action taken against him or her by another licensing

jurisdiction of the United States or a foreign state or

country, a peer review body, a health care institution, a

professional society or association, a governmental

agency, a law enforcement agency, or a court.

(36) Failure to provide copies of records of patient

care or treatment, except as required by law.

(37) Failure of a licensee to report to the Department

surrender by the licensee of a license or authorization to

practice in another state or jurisdiction or current

surrender by the licensee of membership professional

association or society while under disciplinary

investigation by any of those authorities or bodies for

acts or conduct similar to acts or conduct that would

constitute grounds for action under this Section.

(38) Failing, within 90 days, to provide a response to

a request for information in response to a written request

made by the Department by certified or registered mail or

by email to the email address of record.

(39) Failure to supervise a midwife assistant or

student midwife including, but not limited to, allowing a

midwife assistant or student midwife to exceed their

scope.

(40) Failure to adequately inform a patient about

their malpractice liability insurance coverage and the

policy limits of the coverage.

(41) Failure to submit an annual report to the

Department of Public Health.

(42) Failure to disclose active cardiopulmonary

resuscitation certification or neonatal resuscitation

provider status to clients.

(43) Engaging in one of the prohibited practices

provided for in Section 85 of this Act.

(b) The Department may, without a hearing, refuse to issue

or renew or may suspend 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 the tax,

penalty, or interest as required by any tax Act administered

by the Department of Revenue, until the requirements of any

such tax Act are satisfied.

(c) The determination by a circuit court that a licensee

is subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code operates as an automatic suspension. The suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and issues an order so finding and discharging the patient,

and upon the recommendation of the Board to the Secretary that

the licensee be allowed to resume his or her practice.

(d) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel an individual

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, including a substance abuse or sexual

offender evaluation, as required by and at the expense of the

Department.

The Department 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 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 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 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 Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed.

The Department may order the examining physician or any

member of the multidisciplinary team to present testimony

concerning the mental or physical examination of the licensee

or applicant. No information, report, record, or other

documents in any way related to the examination shall be

excluded by reason of any common law or statutory privilege

relating to communications between the licensee or applicant

and the examining physician or any member of the

multidisciplinary team. No authorization is necessary from the

licensee or applicant ordered to undergo an 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 this examination. However, that physician shall

be present only to observe and may not interfere in any way

with the examination.

Failure of an individual to submit to a mental or physical

examination, when ordered, shall result in an automatic

suspension of his or her license until the individual submits

to the examination.

If the Department finds an individual unable to practice

because of the reasons set forth in this Section, the

Department may require that individual to submit to care,

counseling, or treatment by physicians approved or designated

by the Department, as a condition, term, or restriction for

continued, reinstated, or renewed licensure to practice; or,

in lieu of care, counseling, or treatment, the Department may

file a complaint to immediately suspend, revoke, or otherwise

discipline the license of the individual. An individual whose

license was granted, continued, reinstated, renewed,

disciplined, or supervised subject to such terms, conditions,

or restrictions, and who fails to comply with such terms,

conditions, or restrictions, shall be referred to the

Secretary for a determination as to whether the individual

shall have his or her license suspended immediately, pending a

hearing by the Department.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that

person's license must be convened by the Department within 30

days after the suspension and completed without appreciable

delay. The Department shall have the authority to review the

subject individual'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 and affected under

this Section shall be afforded an opportunity to demonstrate

to the Department that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

(Source: P.A. 102-683, eff. 10-1-22; revised 1-30-24.)

Section 405. The Physician Assistant Practice Act of 1987

is amended by changing Section 7.5 as follows:

(225 ILCS 95/7.5)

(Section scheduled to be repealed on January 1, 2028)

Sec. 7.5. Written collaborative agreements; prescriptive

authority.

(a) A written collaborative agreement is required for all

physician assistants to practice in the State, except as

provided in Section 7.7 of this Act.

(1) A written collaborative agreement shall describe

the working relationship of the physician assistant with

the collaborating physician and shall describe the

categories of care, treatment, or procedures to be

provided by the physician assistant. The written

collaborative agreement shall promote the exercise of

professional judgment by the physician assistant

commensurate with his or her education and experience. The

services to be provided by the physician assistant shall

be services that the collaborating physician is authorized

to and generally provides to his or her patients in the

normal course of his or her clinical medical practice. The

written collaborative agreement need not describe the

exact steps that a physician assistant must take with

respect to each specific condition, disease, or symptom

but must specify which authorized procedures require the

presence of the collaborating physician as the procedures

are being performed. The relationship under a written

collaborative agreement shall not be construed to require

the personal presence of a physician at the place where

services are rendered. Methods of communication shall be

available for consultation with the collaborating

physician in person or by telecommunications or electronic

communications as set forth in the written collaborative

agreement. For the purposes of this Act, "generally

provides to his or her patients in the normal course of his

or her clinical medical practice" means services, not

specific tasks or duties, the collaborating physician

routinely provides individually or through delegation to

other persons so that the physician has the experience and

ability to collaborate and provide consultation.

(2) The written collaborative agreement shall be

adequate if a physician does each of the following:

(A) Participates in the joint formulation and

joint approval of orders or guidelines with the

physician assistant and he or she periodically reviews

such orders and the services provided patients under

such orders in accordance with accepted standards of

medical practice and physician assistant practice.

(B) Provides consultation at least once a month.

(3) A copy of the signed, written collaborative

agreement must be available to the Department upon request

from both the physician assistant and the collaborating

physician.

(4) A physician assistant shall inform each

collaborating physician of all written collaborative

agreements he or she has signed and provide a copy of these

to any collaborating physician upon request.

(b) A collaborating physician may, but is not required to,

delegate prescriptive authority to a physician assistant as

part of a written collaborative agreement. This authority may,

but is not required to, include prescription of, selection of,

orders for, administration of, storage of, acceptance of

samples of, and dispensing medical devices, over-the-counter

over the counter medications, legend drugs, medical gases, and

controlled substances categorized as Schedule II through V

controlled substances, as defined in Article II of the

Illinois Controlled Substances Act, and other preparations,

including, but not limited to, botanical and herbal remedies.

The collaborating physician must have a valid, current

Illinois controlled substance license and federal registration

with the Drug Enforcement Administration to delegate the

authority to prescribe controlled substances.

(1) To prescribe Schedule II, III, IV, or V controlled

substances under this Section, a physician assistant must

obtain a mid-level practitioner controlled substances

license. Medication orders issued by a physician assistant

shall be reviewed periodically by the collaborating

physician.

(2) The collaborating physician shall file with the

Department notice of delegation of prescriptive authority

to a physician assistant and termination of delegation,

specifying the authority delegated or terminated. Upon

receipt of this notice delegating authority to prescribe

controlled substances, the physician assistant shall be

eligible to register for a mid-level practitioner

controlled substances license under Section 303.05 of the

Illinois Controlled Substances Act. Nothing in this Act

shall be construed to limit the delegation of tasks or

duties by the collaborating physician to a nurse or other

appropriately trained persons in accordance with Section

54.2 of the Medical Practice Act of 1987.

(3) In addition to the requirements of this subsection

(b), a collaborating physician may, but is not required

to, delegate authority to a physician assistant to

prescribe Schedule II controlled substances, if all of the

following conditions apply:

(A) Specific Schedule II controlled substances by

oral dosage or topical or transdermal application may

be delegated, provided that the delegated Schedule II

controlled substances are routinely prescribed by the

collaborating physician. This delegation must identify

the specific Schedule II controlled substances by

either brand name or generic name. Schedule II

controlled substances to be delivered by injection or

other route of administration may not be delegated.

(B) (Blank).

(C) Any prescription must be limited to no more

than a 30-day supply, with any continuation authorized

only after prior approval of the collaborating

physician.

(D) The physician assistant must discuss the

condition of any patients for whom a controlled

substance is prescribed monthly with the collaborating

physician.

(E) The physician assistant meets the education

requirements of Section 303.05 of the Illinois

Controlled Substances Act.

(c) Nothing in this Act shall be construed to limit the

delegation of tasks or duties by a physician to a licensed

practical nurse, a registered professional nurse, or other

persons. Nothing in this Act shall be construed to limit the

method of delegation that may be authorized by any means,

including, but not limited to, oral, written, electronic,

standing orders, protocols, guidelines, or verbal orders.

Nothing in this Act shall be construed to authorize a

physician assistant to provide health care services required

by law or rule to be performed by a physician. Nothing in this

Act shall be construed to authorize the delegation or

performance of operative surgery. Nothing in this Section

shall be construed to preclude a physician assistant from

assisting in surgery.

(c-5) Nothing in this Section shall be construed to apply

to any medication authority, including Schedule II controlled

substances of a licensed physician assistant for care provided

in a hospital, hospital affiliate, federally qualified health

center, or ambulatory surgical treatment center pursuant to

Section 7.7 of this Act.

(d) (Blank).

(e) Nothing in this Section shall be construed to prohibit

generic substitution.

(Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24;

revised 1-2-24.)

Section 410. The Veterinary Medicine and Surgery Practice

Act of 2004 is amended by changing Section 25.2 as follows:

(225 ILCS 115/25.2) (from Ch. 111, par. 7025.2)

(Section scheduled to be repealed on January 1, 2029)

Sec. 25.2. Investigation; notice and hearing. The

Department may investigate the actions of any applicant or of

any person or persons holding or claiming to hold a license or

certificate. The Department shall, before refusing to issue,

to renew or discipline a license or certificate under Section

25, at least 30 days prior to the date set for the hearing,

notify the applicant or licensee in writing of the nature of

the charges and the time and place for a hearing on the

charges. The Department shall direct the applicant,

certificate holder, or licensee to file a written answer to

the charges with the Board under oath within 20 days after the

service of the notice and inform the applicant, certificate

holder, or licensee that failure to file an answer will result

in default being taken against the applicant, certificate

holder, or licensee. At the time and place fixed in the notice,

the Department shall proceed to hear the charges and the

parties or their counsel shall be accorded ample opportunity

to present any pertinent statements, testimony, evidence, and

arguments. The Department may continue the hearing from time

to time. In case the person, after receiving the notice, fails

to file an answer, his or her license may, in the discretion of

the Department, be revoked, suspended, placed on probationary

status, or the Department may take whatever disciplinary

action considered proper, including limiting the scope,

nature, or extent of the person's practice or the imposition

of a fine, without a hearing, if the act or acts charged

constitute sufficient grounds for that action under the Act.

The written notice and any notice in the subsequent proceeding

may be served by registered or certified mail to the

licensee's address of record or, if in the course of the

administrative proceeding the party has previously designated

a specific email address at which to accept electronic service

for that specific proceeding, by sending a copy by email to the

party's an email address on record.

(Source: P.A. 103-309, eff. 1-1-24; 103-505, eff. 1-1-24;

revised 9-28-23.)

Section 415. The Registered Surgical Assistant and

Registered Surgical Technologist Title Protection Act is

amended by changing Section 75 as follows:

(225 ILCS 130/75)

(Section scheduled to be repealed on January 1, 2029)

Sec. 75. Grounds for disciplinary action.

(a) The Department may refuse to issue, renew, or restore

a registration, may revoke or suspend a registration, or may

place on probation, reprimand, or take other disciplinary or

non-disciplinary action with regard to a person registered

under this Act, including, but not limited to, the imposition

of fines not to exceed $10,000 for each violation and the

assessment of costs as provided for in Section 90, for any one

or combination of the following causes:

(1) Making a material misstatement in furnishing

information to the Department.

(2) Violating a provision of this Act or rules adopted

under this Act.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, 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 that is

(i) a felony or (ii) a misdemeanor, an essential element

of which is dishonesty, or that is directly related to the

practice of the profession.

(4) Fraud or misrepresentation in applying for,

renewing, restoring, reinstating, or procuring a

registration under this Act.

(5) Aiding or assisting another person in violating a

provision of this Act or its rules.

(6) Failing to provide information within 60 days in

response to a written request made by the Department.

(7) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public, as defined by rule of the

Department.

(8) Discipline by another United States jurisdiction,

governmental agency, unit of government, or foreign

nation, if at least one of the grounds for discipline is

the same or substantially equivalent to those set forth in

this Section.

(9) Directly or indirectly giving to or receiving from

a person, firm, corporation, partnership, or association a

fee, commission, rebate, or other form of compensation for

professional services not actually or personally rendered.

Nothing in this paragraph (9) affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the registrant's practice under this

Act. Nothing in this paragraph (9) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(10) A finding by the Department that the registrant,

after having the registration placed on probationary

status, has violated the terms of probation.

(11) Willfully making or filing false records or

reports in the practice, including, but not limited to,

false records or reports filed with State agencies.

(12) Willfully making or signing a false statement,

certificate, or affidavit to induce payment.

(13) Willfully failing to report an instance of

suspected child abuse or neglect as required under the

Abused and Neglected Child Reporting Act.

(14) 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

registrant has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(15) (Blank).

(16) Failure to report to the Department (A) any

adverse final action taken against the registrant by

another registering or licensing jurisdiction, government

agency, law enforcement agency, or any court or (B)

liability for conduct that would constitute grounds for

action as set forth in this Section.

(17) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, alcohol, or any

other substance that results in the inability to practice

with reasonable judgment, skill, or safety.

(18) Physical or mental illness, including, but not

limited to, deterioration through the aging process or

loss of motor skills, which results in the inability to

practice the profession for which the person is registered

with reasonable judgment, skill, or safety.

(19) Gross malpractice.

(20) Immoral conduct in the commission of an act

related to the registrant's practice, including, but not

limited to, sexual abuse, sexual misconduct, or sexual

exploitation.

(21) Violation of the Health Care Worker Self-Referral

Act.

(b) The Department may refuse to issue or may suspend

without hearing the registration of a person who fails to file

a return, to pay the tax, penalty, or interest shown in a filed

return, or to pay a final assessment of the tax, penalty, or

interest as required by a tax Act administered by the

Department of Revenue, until the requirements of the tax Act

are satisfied in accordance with subsection (g) of Section

2105-15 of the Department of Regulation Law of the Civil

Administrative Code of Illinois.

(b-1) The Department shall not revoke, suspend, summarily

suspend, place on probation, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license issued under this Act to practice

as a registered surgical assistant or registered surgical

technologist based solely upon the registered surgical

assistant or registered surgical technologist providing,

authorizing, recommending, aiding, assisting, referring for,

or otherwise participating in any health care service, so long

as the care was not unlawful under the laws of this State,

regardless of whether the patient was a resident of this State

or another state.

(b-2) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license issued under this Act to practice

as a registered surgical assistant or registered surgical

technologist based upon the registered surgical assistant's or

registered surgical technologist's license being revoked or

suspended, or the registered surgical assistant's or

registered surgical technologist's being otherwise disciplined

by any other state, if that revocation, suspension, or other

form of discipline was based solely on the registered surgical

assistant or registered surgical technologist violating

another state's laws prohibiting the provision of,

authorization of, recommendation of, aiding or assisting in,

referring for, or participation in any health care service if

that health care service as provided would not have been

unlawful under the laws of this State and is consistent with

the standards of conduct for the registered surgical assistant

or registered surgical technologist practicing in this State.

(b-3) The conduct specified in subsection (b-1) or (b-2)

shall not constitute grounds for suspension under Section 145.

(b-4) An applicant seeking licensure, certification, or

authorization pursuant to this Act who has been subject to

disciplinary action by a duly authorized professional

disciplinary agency of another jurisdiction solely on the

basis of having provided, authorized, recommended, aided,

assisted, referred for, or otherwise participated in health

care shall not be denied such licensure, certification, or

authorization, unless the Department determines that such

action would have constituted professional misconduct in this

State. Nothing in this Section shall be construed as

prohibiting the Department from evaluating the conduct of such

applicant and making a determination regarding the licensure,

certification, or authorization to practice a profession under

this Act.

(c) The determination by a circuit court that a registrant

is subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code operates as an automatic suspension. The suspension will

end only upon (1) a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission,

(2) issuance of an order so finding and discharging the

patient, and (3) filing of a petition for restoration

demonstrating fitness to practice.

(d) (Blank).

(e) In cases where the Department of Healthcare and Family

Services has previously determined a registrant or a potential

registrant is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency

to the Department, the Department may refuse to issue or renew

or may revoke or suspend that person's registration or may

take other disciplinary action against that person based

solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance

with paragraph (5) of subsection (a) of Section 2105-15 of the

Department of Professional Regulation Law of the Civil

Administrative Code of Illinois.

(f) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual

registered under this Act or any individual who has applied

for registration to submit to a mental or physical examination

and evaluation, or both, that may include a substance abuse or

sexual offender evaluation, at the expense of the Department.

The Department 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 Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary

team to present testimony concerning this examination and

evaluation of the registrant 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 registrant or applicant and the examining

physician or any member of the multidisciplinary team. No

authorization is necessary from the registrant 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 the individual's own expense, another physician of

the individual's 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 a hearing until such

time as the individual submits to the examination. If the

Department finds a registrant unable to practice because of

the reasons set forth in this Section, the Department shall

require such registrant to submit to care, counseling, or

treatment by physicians approved or designated by the

Department as a condition for continued, reinstated, or

renewed registration.

When the Secretary immediately suspends a registration

under this Section, a hearing upon such person's registration

must be convened by the Department within 15 days after such

suspension and completed without appreciable delay. The

Department shall have the authority to review the registrant'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.

Individuals registered under this Act and affected under

this Section shall be afforded an opportunity to demonstrate

to the Department that they can resume practice in compliance

with acceptable and prevailing standards under the provisions

of their registration.

(g) 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.

(f) The Department may adopt rules to implement the

changes made by Public Act 102-1117 this amendatory Act of the

102nd General Assembly.

(Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24;

revised 12-15-23.)

Section 420. The Solid Waste Site Operator Certification

Law is amended by changing Section 1011 as follows:

(225 ILCS 230/1011)

Sec. 1011. Fees.

(a) Fees for the issuance or renewal of a Solid Waste Site

Operator Certificate shall be as follows:

(1)(A) $400 for issuance or renewal for Solid Waste

Site Operators;

(B) (blank); and

(C) $100 for issuance or renewal for special waste

endorsements.

(2) If the fee for renewal is not paid within the grace

period, the above fees for renewal shall each be increased by

$50.

(b) (Blank).

(c) All fees collected by the Agency under this Section

shall be deposited into the Environmental Protection Permit

and Inspection Fund to be used in accordance with the

provisions of subsection (a) of Section 22.8 of the

Environmental Protection Act.

(Source: P.A. 102-1017, eff. 1-1-23; 102-1071, eff. 6-10-22;

103-154, eff. 6-30-23; revised 9-21-23.)

Section 425. The Illinois Plumbing License Law is amended

by changing Section 13.1 as follows:

(225 ILCS 320/13.1)

Sec. 13.1. Plumbing contractors; registration;

applications.

(1) On and after May 1, 2002, all persons or corporations

desiring to engage in the business of plumbing contractor,

other than any entity that maintains an audited net worth of

shareholders' equity equal to or exceeding $100,000,000, shall

register in accordance with the provisions of this Act.

(2) Application for registration shall be filed with the

Department each year, on or before the last day of September,

in writing and on forms prepared and furnished by the

Department. All plumbing contractor registrations expire on

the last day of September of each year.

(3) Applications shall contain the name, address, and

telephone number of the person and the plumbing license of (i)

the individual, if a sole proprietorship; (ii) the partner, if

a partnership; or (iii) an officer, if a corporation. The

application shall contain the business name, address, and

telephone number, a current copy of the plumbing license, and

any other information the Department may require by rule.

(4) Applicants shall submit an original certificate of

insurance documenting that the contractor carries general

liability insurance with a minimum of $100,000 per occurrence,

a minimum of $300,000 aggregate for bodily injury, property

damage insurance with a minimum of $50,000 or a minimum of

$300,000 combined single limit, and workers compensation

insurance with a minimum $500,000 employer's liability. No

registration may be issued in the absence of this certificate.

Certificates must be in force at all times for registration to

remain valid.

(5) Applicants shall submit, on a form provided by the

Department, an indemnification bond in the amount of $20,000

or a letter of credit in the same amount for work performed in

accordance with this Act and the rules promulgated under this

Act.

(5.5) The Department, upon notification by the Illinois

Workers' Compensation Commission or the Department of

Insurance, shall refuse the issuance or renewal of a license

to, or suspend or revoke the license of, any individual,

corporation, partnership, or other business entity that has

been found by the Illinois Workers' Compensation Commission or

the Department of Insurance to have failed:

(a) to secure workers' compensation obligations in the

manner required by subsections (a) and (b) of Section 4 of

the Workers' Compensation Act;

(b) to pay in full a fine or penalty imposed by the

Illinois Workers' Compensation Commission or the

Department of Insurance due to a failure to secure

workers' compensation obligations in the manner required

by subsections (a) and (b) of Section 4 of the Workers'

Compensation Act; or

(c) to fulfill all obligations assumed pursuant to any

settlement reached with the Illinois Workers' Compensation

Commission or the Department of Insurance due to a failure

to secure workers' compensation obligations in the manner

required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act.

A complaint filed with the Department by the Illinois

Workers' Compensation Commission or the Department of

Insurance that includes a certification, signed by its

Director or Chairman or designee, attesting to a finding of

the failure to secure workers' compensation obligations in the

manner required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act or the failure to pay any fines or

penalties or to discharge any obligation under a settlement

relating to the failure to secure workers' compensation

obligations in the manner required by subsections (a) and (b)

of Section 4 of the Workers' Compensation Act is prima facie

evidence of the licensee's or applicant's failure to comply

with subsections (a) and (b) of Section 4 of the Workers'

Compensation Act. Upon receipt of that certification, the

Department shall, without a hearing, immediately suspend all

licenses held by the licensee or the processing of any

application from the applicant. Enforcement of the

Department's order shall be stayed for 60 days. The Department

shall provide notice of the suspension to the licensee by

mailing a copy of the Department's order to the licensee's or

applicant's address of record or emailing a copy of the order

to the licensee's or applicant's email address of record. The

notice shall advise the licensee or applicant that the

suspension shall be effective 60 days after the issuance of

the order unless the Department receives, from the licensee or

applicant, a request for a hearing before the Department to

dispute the matters contained in the order.

Upon receiving notice from the Illinois Workers'

Compensation Commission or the Department of Insurance that

the violation has been corrected or otherwise resolved, the

Department shall vacate the order suspending a licensee's

license or the processing of an applicant's application.

No license shall be suspended or revoked until after the

licensee is afforded any due process protection guaranteed by

statute or rule adopted by the Illinois Workers' Compensation

Commission or the Department of Insurance.

(6) All employees of a registered plumbing contractor who

engage in plumbing work shall be licensed plumbers or

apprentice plumbers in accordance with this Act.

(7) Plumbing contractors shall submit an annual

registration fee in an amount to be established by rule.

(8) The Department shall be notified in advance of any

changes in the business structure, name, or location or of the

addition or deletion of the owner or officer who is the

licensed plumber listed on the application. Failure to notify

the Department of this information is grounds for suspension

or revocation of the plumbing contractor's registration.

(9) In the event that the plumber's license on the

application for registration of a plumbing contractor is a

license issued by the City of Chicago, it shall be the

responsibility of the applicant to forward a copy of the

plumber's license to the Department, noting the name of the

registered plumbing contractor, when it is renewed. In the

event that the plumbing contractor's registration is suspended

or revoked, the Department shall notify the City of Chicago

and any corresponding plumbing contractor's license issued by

the City of Chicago shall be suspended or revoked.

(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)

Section 430. The Timber Buyers Licensing Act is amended by

changing Section 2 as follows:

(225 ILCS 735/2) (from Ch. 111, par. 702)

Sec. 2. Definitions. When used in this Act, unless the

context otherwise requires, the term:

"Agent" means any person acting on behalf of a timber

buyer, employed by a timber buyer, or under an agreement,

whether oral or written, with a timber buyer who buys timber,

attempts to buy timber, procures contracts for the purchase or

cutting of timber, or attempts to procure contracts for the

purchase or cutting of timber.

"Buying timber" means to buy, barter, cut on shares, or

offer to buy, barter, cut on shares, or take possession of

timber with the consent of the timber grower.

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

"Good standing" means any person who is not:

(1) currently serving a sentence of probation, or

conditional discharge, for a violation of this Act or

administrative rules adopted under this Act;

(2) owes any amount of money pursuant to a civil

judgment regarding the sale, cutting, or transportation of

timber;

(3) owes the Department any required fee, payment, or

money required under this Act; or

(4) is currently serving a suspension or revocation of

any privilege that is granted under this Act.

"Liability insurance" means not less than $500,000 in

insurance covering a timber buyer's business and agents that

shall insure against the liability of the insured for the

death, injury, or disability of an employee or other person

and insurance against the liability of the insured for damage

to or destruction of another person's property.

"Payment receipt" means copy or duplicate of an original

receipt of payment for timber to a timber grower or duplicate

of electronic or direct payment verification of funds received

by timber grower.

"Person" means any person, partnership, firm, association,

business trust, limited liability company, or corporation.

"Proof of ownership" means a printed document provided by

the Department that serves as a written bill of lading.

"Resident" means a person who in good faith makes

application for any license or permit and verifies by

statement that the person has maintained the person's

permanent abode or headquarters in this State for a period of

at least 30 consecutive days immediately preceding the

person's application and who does not maintain a permanent

abode or headquarters or claim residency in another state for

the purposes of obtaining any of the same or similar licenses

or permits covered by this Act. A person's permanent abode or

headquarters is the person's fixed and permanent dwelling

place or main location where the person conducts business, as

distinguished from a temporary or transient place of residence

or location.

"Timber" means trees, standing or felled, and parts

thereof which can be used for sawing or processing into lumber

for building or structural purposes or for the manufacture of

any article. "Timber" does not include firewood, Christmas

trees, fruit or ornamental trees, or wood products not used or

to be used for building, structural, manufacturing, or

processing purposes.

"Timber buyer" means any person licensed or unlicensed,

who is engaged in the business of buying timber from the timber

growers thereof for sawing into lumber, for processing or for

resale, but does not include any person who occasionally

purchases timber for sawing or processing for the person's own

use and not for resale.

"Timber grower" means the owner, tenant, or operator of

land in this State who has an interest in, or is entitled to

receive any part of the proceeds from the sale of timber grown

in this State and includes persons exercising authority to

sell timber.

"Transporter" means any person acting on behalf of a

timber buyer, employed by a timber buyer, or under an

agreement, whether oral or written, with a timber buyer who

takes or carries timber from one place to another by means of a

motor vehicle.

.

(Source: P.A. 103-218, eff. 1-1-24; revised 1-2-24.)

Section 435. The Illinois Horse Racing Act of 1975 is

amended by changing Sections 30 and 31 as follows:

(230 ILCS 5/30) (from Ch. 8, par. 37-30)

Sec. 30. (a) The General Assembly declares that it is the

policy of this State to encourage the breeding of thoroughbred

horses in this State and the ownership of such horses by

residents of this State in order to provide for: sufficient

numbers of high quality thoroughbred horses to participate in

thoroughbred racing meetings in this State, and to establish

and preserve the agricultural and commercial benefits of such

breeding and racing industries to the State of Illinois. It is

the intent of the General Assembly to further this policy by

the provisions of this Act.

(b) Each organization licensee conducting a thoroughbred

racing meeting pursuant to this Act shall provide at least two

races each day limited to Illinois conceived and foaled horses

or Illinois foaled horses or both. A minimum of 6 races shall

be conducted each week limited to Illinois conceived and

foaled or Illinois foaled horses or both. No horses shall be

permitted to start in such races unless duly registered under

the rules of the Department of Agriculture.

(c) Conditions of races under subsection (b) shall be

commensurate with past performance, quality, and class of

Illinois conceived and foaled and Illinois foaled horses

available. If, however, sufficient competition cannot be had

among horses of that class on any day, the races may, with

consent of the Board, be eliminated for that day and

substitute races provided.

(d) There is hereby created a special fund of the State

treasury Treasury to be known as the Illinois Thoroughbred

Breeders Fund.

Beginning on June 28, 2019 (the effective date of Public

Act 101-31), the Illinois Thoroughbred Breeders Fund shall

become a non-appropriated trust fund held separate from State

moneys. Expenditures from this Fund shall no longer be subject

to appropriation.

Except as provided in subsection (g) of Section 27 of this

Act, 8.5% of all the monies received by the State as privilege

taxes on Thoroughbred racing meetings shall be paid into the

Illinois Thoroughbred Breeders Fund.

Notwithstanding any provision of law to the contrary,

amounts deposited into the Illinois Thoroughbred Breeders Fund

from revenues generated by gaming pursuant to an organization

gaming license issued under the Illinois Gambling Act after

June 28, 2019 (the effective date of Public Act 101-31) shall

be in addition to tax and fee amounts paid under this Section

for calendar year 2019 and thereafter.

(e) The Illinois Thoroughbred Breeders Fund shall be

administered by the Department of Agriculture with the advice

and assistance of the Advisory Board created in subsection (f)

of this Section.

(f) The Illinois Thoroughbred Breeders Fund Advisory Board

shall consist of the Director of the Department of

Agriculture, who shall serve as Chairman; a member of the

Illinois Racing Board, designated by it; 2 representatives of

the organization licensees conducting thoroughbred racing

meetings, recommended by them; 2 representatives of the

Illinois Thoroughbred Breeders and Owners Foundation,

recommended by it; one representative of the Horsemen's

Benevolent Protective Association; and one representative from

the Illinois Thoroughbred Horsemen's Association. Advisory

Board members shall serve for 2 years commencing January 1 of

each odd numbered year. If representatives of the organization

licensees conducting thoroughbred racing meetings, the

Illinois Thoroughbred Breeders and Owners Foundation, the

Horsemen's Benevolent Protection Association, and the Illinois

Thoroughbred Horsemen's Association have not been recommended

by January 1, of each odd numbered year, the Director of the

Department of Agriculture shall make an appointment for the

organization failing to so recommend a member of the Advisory

Board. Advisory Board 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 execution of their official duties.

(g) Monies expended from the Illinois Thoroughbred

Breeders Fund shall be expended by the Department of

Agriculture, with the advice and assistance of the Illinois

Thoroughbred Breeders Fund Advisory Board, for the following

purposes only:

(1) To provide purse supplements to owners of horses

participating in races limited to Illinois conceived and

foaled and Illinois foaled horses. Any such purse

supplements shall not be included in and shall be paid in

addition to any purses, stakes, or breeders' awards

offered by each organization licensee as determined by

agreement between such organization licensee and an

organization representing the horsemen. No monies from the

Illinois Thoroughbred Breeders Fund shall be used to

provide purse supplements for claiming races in which the

minimum claiming price is less than $7,500.

(2) To provide stakes and awards to be paid to the

owners of the winning horses in certain races limited to

Illinois conceived and foaled and Illinois foaled horses

designated as stakes races.

(2.5) To provide an award to the owner or owners of an

Illinois conceived and foaled or Illinois foaled horse

that wins a maiden special weight, an allowance, overnight

handicap race, or claiming race with claiming price of

$10,000 or more providing the race is not restricted to

Illinois conceived and foaled or Illinois foaled horses.

Awards shall also be provided to the owner or owners of

Illinois conceived and foaled and Illinois foaled horses

that place second or third in those races. To the extent

that additional moneys are required to pay the minimum

additional awards of 40% of the purse the horse earns for

placing first, second, or third in those races for

Illinois foaled horses and of 60% of the purse the horse

earns for placing first, second, or third in those races

for Illinois conceived and foaled horses, those moneys

shall be provided from the purse account at the track

where earned.

(3) To provide stallion awards to the owner or owners

of any stallion that is duly registered with the Illinois

Thoroughbred Breeders Fund Program whose duly registered

Illinois conceived and foaled offspring wins a race

conducted at an Illinois thoroughbred racing meeting other

than a claiming race, provided that the stallion stood

service within Illinois at the time the offspring was

conceived and that the stallion did not stand for service

outside of Illinois at any time during the year in which

the offspring was conceived.

(4) To provide $75,000 annually for purses to be

distributed to county fairs that provide for the running

of races during each county fair exclusively for the

thoroughbreds conceived and foaled in Illinois. The

conditions of the races shall be developed by the county

fair association and reviewed by the Department with the

advice and assistance of the Illinois Thoroughbred

Breeders Fund Advisory Board. There shall be no wagering

of any kind on the running of Illinois conceived and

foaled races at county fairs.

(4.1) To provide purse money for an Illinois stallion

stakes program.

(5) No less than 90% of all monies expended from the

Illinois Thoroughbred Breeders Fund shall be expended for

the purposes in (1), (2), (2.5), (3), (4), (4.1), and (5)

as shown above.

(6) To provide for educational programs regarding the

thoroughbred breeding industry.

(7) To provide for research programs concerning the

health, development and care of the thoroughbred horse.

(8) To provide for a scholarship and training program

for students of equine veterinary medicine.

(9) To provide for dissemination of public information

designed to promote the breeding of thoroughbred horses in

Illinois.

(10) To provide for all expenses incurred in the

administration of the Illinois Thoroughbred Breeders Fund.

(h) The Illinois Thoroughbred Breeders Fund is not subject

to administrative charges or chargebacks, including, but not

limited to, those authorized under Section 8h of the State

Finance Act.

(i) A sum equal to 13% of the first prize money of every

purse won by an Illinois foaled or Illinois conceived and

foaled horse in races not limited to Illinois foaled horses or

Illinois conceived and foaled horses, or both, shall be paid

by the organization licensee conducting the horse race

meeting. Such sum shall be paid 50% from the organization

licensee's share of the money wagered and 50% from the purse

account as follows: 11 1/2% to the breeder of the winning horse

and 1 1/2% to the organization representing thoroughbred

breeders and owners who representative serves on the Illinois

Thoroughbred Breeders Fund Advisory Board for verifying the

amounts of breeders' awards earned, ensuring their

distribution in accordance with this Act, and servicing and

promoting the Illinois thoroughbred horse racing industry.

Beginning in the calendar year in which an organization

licensee that is eligible to receive payments under paragraph

(13) of subsection (g) of Section 26 of this Act begins to

receive funds from gaming pursuant to an organization gaming

license issued under the Illinois Gambling Act, a sum equal to

21 1/2% of the first prize money of every purse won by an

Illinois foaled or an Illinois conceived and foaled horse in

races not limited to an Illinois conceived and foaled horse,

or both, shall be paid 30% from the organization licensee's

account and 70% from the purse account as follows: 20% to the

breeder of the winning horse and 1 1/2% to the organization

representing thoroughbred breeders and owners whose

representatives serve on the Illinois Thoroughbred Breeders

Fund Advisory Board for verifying the amounts of breeders'

awards earned, ensuring their distribution in accordance with

this Act, and servicing and promoting the Illinois

Thoroughbred racing industry. The organization representing

thoroughbred breeders and owners shall cause all expenditures

of monies received under this subsection (i) to be audited at

least annually by a registered public accountant. The

organization shall file copies of each annual audit with the

Racing Board, the Clerk of the House of Representatives and

the Secretary of the Senate, and shall make copies of each

annual audit available to the public upon request and upon

payment of the reasonable cost of photocopying the requested

number of copies. Such payments shall not reduce any award to

the owner of the horse or reduce the taxes payable under this

Act. Upon completion of its racing meet, each organization

licensee shall deliver to the organization representing

thoroughbred breeders and owners whose representative serves

on the Illinois Thoroughbred Breeders Fund Advisory Board a

listing of all the Illinois foaled and the Illinois conceived

and foaled horses which won breeders' awards and the amount of

such breeders' awards under this subsection to verify accuracy

of payments and assure proper distribution of breeders' awards

in accordance with the provisions of this Act. Such payments

shall be delivered by the organization licensee within 30 days

of the end of each race meeting.

(j) A sum equal to 13% of the first prize money won in

every race limited to Illinois foaled horses or Illinois

conceived and foaled horses, or both, shall be paid in the

following manner by the organization licensee conducting the

horse race meeting, 50% from the organization licensee's share

of the money wagered and 50% from the purse account as follows:

11 1/2% to the breeders of the horses in each such race which

are the official first, second, third, and fourth finishers

and 1 1/2% to the organization representing thoroughbred

breeders and owners whose representatives serve on the

Illinois Thoroughbred Breeders Fund Advisory Board for

verifying the amounts of breeders' awards earned, ensuring

their proper distribution in accordance with this Act, and

servicing and promoting the Illinois horse racing industry.

Beginning in the calendar year in which an organization

licensee that is eligible to receive payments under paragraph

(13) of subsection (g) of Section 26 of this Act begins to

receive funds from gaming pursuant to an organization gaming

license issued under the Illinois Gambling Act, a sum of 21

1/2% of every purse in a race limited to Illinois foaled horses

or Illinois conceived and foaled horses, or both, shall be

paid by the organization licensee conducting the horse race

meeting. Such sum shall be paid 30% from the organization

licensee's account and 70% from the purse account as follows:

20% to the breeders of the horses in each such race who are

official first, second, third and fourth finishers and 1 1/2%

to the organization representing thoroughbred breeders and

owners whose representatives serve on the Illinois

Thoroughbred Breeders Fund Advisory Board for verifying the

amounts of breeders' awards earned, ensuring their proper

distribution in accordance with this Act, and servicing and

promoting the Illinois thoroughbred horse racing industry. The

organization representing thoroughbred breeders and owners

shall cause all expenditures of moneys received under this

subsection (j) to be audited at least annually by a registered

public accountant. The organization shall file copies of each

annual audit with the Racing Board, the Clerk of the House of

Representatives and the Secretary of the Senate, and shall

make copies of each annual audit available to the public upon

request and upon payment of the reasonable cost of

photocopying the requested number of copies. The copies of the

audit 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.

The amounts paid to the breeders in accordance with this

subsection shall be distributed as follows:

(1) 60% of such sum shall be paid to the breeder of the

horse which finishes in the official first position;

(2) 20% of such sum shall be paid to the breeder of the

horse which finishes in the official second position;

(3) 15% of such sum shall be paid to the breeder of the

horse which finishes in the official third position; and

(4) 5% of such sum shall be paid to the breeder of the

horse which finishes in the official fourth position.

Such payments shall not reduce any award to the owners of a

horse or reduce the taxes payable under this Act. Upon

completion of its racing meet, each organization licensee

shall deliver to the organization representing thoroughbred

breeders and owners whose representative serves on the

Illinois Thoroughbred Breeders Fund Advisory Board a listing

of all the Illinois foaled and the Illinois conceived and

foaled horses which won breeders' awards and the amount of

such breeders' awards in accordance with the provisions of

this Act. Such payments shall be delivered by the organization

licensee within 30 days of the end of each race meeting.

(k) The term "breeder", as used herein, means the owner of

the mare at the time the foal is dropped. An "Illinois foaled

horse" is a foal dropped by a mare which enters this State on

or before December 1, in the year in which the horse is bred,

provided the mare remains continuously in this State until its

foal is born. An "Illinois foaled horse" also means a foal born

of a mare in the same year as the mare enters this State on or

before March 1, and remains in this State at least 30 days

after foaling, is bred back during the season of the foaling to

an Illinois Registered Stallion (unless a veterinarian

certifies that the mare should not be bred for health

reasons), and is not bred to a stallion standing in any other

state during the season of foaling. An "Illinois foaled horse"

also means a foal born in Illinois of a mare purchased at

public auction subsequent to the mare entering this State on

or before March 1 of the foaling year providing the mare is

owned solely by one or more Illinois residents or an Illinois

entity that is entirely owned by one or more Illinois

residents.

(l) The Department of Agriculture shall, by rule, with the

advice and assistance of the Illinois Thoroughbred Breeders

Fund Advisory Board:

(1) Qualify stallions for Illinois breeding; such

stallions to stand for service within the State of

Illinois at the time of a foal's conception. Such stallion

must not stand for service at any place outside the State

of Illinois during the calendar year in which the foal is

conceived. The Department of Agriculture may assess and

collect an application fee of up to $500 for the

registration of Illinois-eligible stallions. All fees

collected are to be held in trust accounts for the

purposes set forth in this Act and in accordance with

Section 205-15 of the Department of Agriculture Law.

(2) Provide for the registration of Illinois conceived

and foaled horses and Illinois foaled horses. No such

horse shall compete in the races limited to Illinois

conceived and foaled horses or Illinois foaled horses or

both unless registered with the Department of Agriculture.

The Department of Agriculture may prescribe such forms as

are necessary to determine the eligibility of such horses.

The Department of Agriculture may assess and collect

application fees for the registration of Illinois-eligible

foals. All fees collected are to be held in trust accounts

for the purposes set forth in this Act and in accordance

with Section 205-15 of the Department of Agriculture Law.

No person shall knowingly prepare or cause preparation of

an application for registration of such foals containing

false information.

(m) The Department of Agriculture, with the advice and

assistance of the Illinois Thoroughbred Breeders Fund Advisory

Board, shall provide that certain races limited to Illinois

conceived and foaled and Illinois foaled horses be stakes

races and determine the total amount of stakes and awards to be

paid to the owners of the winning horses in such races.

In determining the stakes races and the amount of awards

for such races, the Department of Agriculture shall consider

factors, including, but not limited to, the amount of money

transferred into the Illinois Thoroughbred Breeders Fund,

organization licensees' contributions, availability of stakes

caliber horses as demonstrated by past performances, whether

the race can be coordinated into the proposed racing dates

within organization licensees' racing dates, opportunity for

colts and fillies and various age groups to race, public

wagering on such races, and the previous racing schedule.

(n) The Board and the organization licensee shall notify

the Department of the conditions and minimum purses for races

limited to Illinois conceived and foaled and Illinois foaled

horses conducted for each organization licensee conducting a

thoroughbred racing meeting. The Department of Agriculture

with the advice and assistance of the Illinois Thoroughbred

Breeders Fund Advisory Board may allocate monies for purse

supplements for such races. In determining whether to allocate

money and the amount, the Department of Agriculture shall

consider factors, including, but not limited to, the amount of

money transferred into the Illinois Thoroughbred Breeders

Fund, the number of races that may occur, and the organization

licensee's purse structure.

(o) (Blank).

(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)

(230 ILCS 5/31) (from Ch. 8, par. 37-31)

Sec. 31. (a) The General Assembly declares that it is the

policy of this State to encourage the breeding of standardbred

horses in this State and the ownership of such horses by

residents of this State in order to provide for: sufficient

numbers of high quality standardbred horses to participate in

harness racing meetings in this State, and to establish and

preserve the agricultural and commercial benefits of such

breeding and racing industries to the State of Illinois. It is

the intent of the General Assembly to further this policy by

the provisions of this Section of this Act.

(b) Each organization licensee conducting a harness racing

meeting pursuant to this Act shall provide for at least two

races each race program limited to Illinois conceived and

foaled horses. A minimum of 6 races shall be conducted each

week limited to Illinois conceived and foaled horses. No

horses shall be permitted to start in such races unless duly

registered under the rules of the Department of Agriculture.

(b-5) Organization licensees, not including the Illinois

State Fair or the DuQuoin State Fair, shall provide stake

races and early closer races for Illinois conceived and foaled

horses so that purses distributed for such races shall be no

less than 17% of total purses distributed for harness racing

in that calendar year in addition to any stakes payments and

starting fees contributed by horse owners.

(b-10) Each organization licensee conducting a harness

racing meeting pursuant to this Act shall provide an owner

award to be paid from the purse account equal to 12% of the

amount earned by Illinois conceived and foaled horses

finishing in the first 3 positions in races that are not

restricted to Illinois conceived and foaled horses. The owner

awards shall not be paid on races below the $10,000 claiming

class.

(c) Conditions of races under subsection (b) shall be

commensurate with past performance, quality, and class of

Illinois conceived and foaled horses available. If, however,

sufficient competition cannot be had among horses of that

class on any day, the races may, with consent of the Board, be

eliminated for that day and substitute races provided.

(d) There is hereby created a special fund of the State

treasury Treasury to be known as the Illinois Standardbred

Breeders Fund. Beginning on June 28, 2019 (the effective date

of Public Act 101-31), the Illinois Standardbred Breeders Fund

shall become a non-appropriated trust fund held separate and

apart from State moneys. Expenditures from this Fund shall no

longer be subject to appropriation.

During the calendar year 1981, and each year thereafter,

except as provided in subsection (g) of Section 27 of this Act,

eight and one-half per cent of all the monies received by the

State as privilege taxes on harness racing meetings shall be

paid into the Illinois Standardbred Breeders Fund.

(e) Notwithstanding any provision of law to the contrary,

amounts deposited into the Illinois Standardbred Breeders Fund

from revenues generated by gaming pursuant to an organization

gaming license issued under the Illinois Gambling Act after

June 28, 2019 (the effective date of Public Act 101-31) shall

be in addition to tax and fee amounts paid under this Section

for calendar year 2019 and thereafter. The Illinois

Standardbred Breeders Fund shall be administered by the

Department of Agriculture with the assistance and advice of

the Advisory Board created in subsection (f) of this Section.

(f) The Illinois Standardbred Breeders Fund Advisory Board

is hereby created. The Advisory Board shall consist of the

Director of the Department of Agriculture, who shall serve as

Chairman; the Superintendent of the Illinois State Fair; a

member of the Illinois Racing Board, designated by it; a

representative of the largest association of Illinois

standardbred owners and breeders, recommended by it; a

representative of a statewide association representing

agricultural fairs in Illinois, recommended by it, such

representative to be from a fair at which Illinois conceived

and foaled racing is conducted; a representative of the

organization licensees conducting harness racing meetings,

recommended by them; a representative of the Breeder's

Committee of the association representing the largest number

of standardbred owners, breeders, trainers, caretakers, and

drivers, recommended by it; and a representative of the

association representing the largest number of standardbred

owners, breeders, trainers, caretakers, and drivers,

recommended by it. Advisory Board members shall serve for 2

years commencing January 1 of each odd numbered year. If

representatives of the largest association of Illinois

standardbred owners and breeders, a statewide association of

agricultural fairs in Illinois, the association representing

the largest number of standardbred owners, breeders, trainers,

caretakers, and drivers, a member of the Breeder's Committee

of the association representing the largest number of

standardbred owners, breeders, trainers, caretakers, and

drivers, and the organization licensees conducting harness

racing meetings have not been recommended by January 1 of each

odd numbered year, the Director of the Department of

Agriculture shall make an appointment for the organization

failing to so recommend a member of the Advisory Board.

Advisory Board 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 execution

of their official duties.

(g) Monies expended from the Illinois Standardbred

Breeders Fund shall be expended by the Department of

Agriculture, with the assistance and advice of the Illinois

Standardbred Breeders Fund Advisory Board for the following

purposes only:

1. To provide purses for races limited to Illinois

conceived and foaled horses at the State Fair and the

DuQuoin State Fair.

2. To provide purses for races limited to Illinois

conceived and foaled horses at county fairs.

3. To provide purse supplements for races limited to

Illinois conceived and foaled horses conducted by

associations conducting harness racing meetings.

4. No less than 75% of all monies in the Illinois

Standardbred Breeders Fund shall be expended for purses in

1, 2, and 3 as shown above.

5. In the discretion of the Department of Agriculture

to provide awards to harness breeders of Illinois

conceived and foaled horses which win races conducted by

organization licensees conducting harness racing meetings.

A breeder is the owner of a mare at the time of conception.

No more than 10% of all moneys transferred into the

Illinois Standardbred Breeders Fund shall be expended for

such harness breeders awards. No more than 25% of the

amount expended for harness breeders awards shall be

expended for expenses incurred in the administration of

such harness breeders awards.

6. To pay for the improvement of racing facilities

located at the State Fair and County fairs.

7. To pay the expenses incurred in the administration

of the Illinois Standardbred Breeders Fund.

8. To promote the sport of harness racing, including

grants up to a maximum of $7,500 per fair per year for

conducting pari-mutuel wagering during the advertised

dates of a county fair.

9. To pay up to $50,000 annually for the Department of

Agriculture to conduct drug testing at county fairs racing

standardbred horses.

(h) The Illinois Standardbred Breeders Fund is not subject

to administrative charges or chargebacks, including, but not

limited to, those authorized under Section 8h of the State

Finance Act.

(i) A sum equal to 13% of the first prize money of the

gross purse won by an Illinois conceived and foaled horse

shall be paid 50% by the organization licensee conducting the

horse race meeting to the breeder of such winning horse from

the organization licensee's account and 50% from the purse

account of the licensee. Such payment shall not reduce any

award to the owner of the horse or reduce the taxes payable

under this Act. Such payment shall be delivered by the

organization licensee at the end of each quarter.

(j) The Department of Agriculture shall, by rule, with the

assistance and advice of the Illinois Standardbred Breeders

Fund Advisory Board:

1. Qualify stallions for Illinois Standardbred

Breeders Fund breeding. Such stallion shall stand for

service at and within the State of Illinois at the time of

a foal's conception, and such stallion must not stand for

service at any place outside the State of Illinois during

that calendar year in which the foal is conceived.

However, on and after January 1, 2018, semen from an

Illinois stallion may be transported outside the State of

Illinois.

2. Provide for the registration of Illinois conceived

and foaled horses and no such horse shall compete in the

races limited to Illinois conceived and foaled horses

unless registered with the Department of Agriculture. The

Department of Agriculture may prescribe such forms as may

be necessary to determine the eligibility of such horses.

No person shall knowingly prepare or cause preparation of

an application for registration of such foals containing

false information. A mare (dam) must be in the State at

least 30 days prior to foaling or remain in the State at

least 30 days at the time of foaling. However, the

requirement that a mare (dam) must be in the State at least

30 days before foaling or remain in the State at least 30

days at the time of foaling shall not be in effect from

January 1, 2018 until January 1, 2022. Beginning with the

1996 breeding season and for foals of 1997 and thereafter,

a foal conceived by transported semen may be eligible for

Illinois conceived and foaled registration provided all

breeding and foaling requirements are met. The stallion

must be qualified for Illinois Standardbred Breeders Fund

breeding at the time of conception. The foal must be

dropped in Illinois and properly registered with the

Department of Agriculture in accordance with this Act.

However, from January 1, 2018 until January 1, 2022, the

requirement for a mare to be inseminated within the State

of Illinois and the requirement for a foal to be dropped in

Illinois are inapplicable.

3. Provide that at least a 5-day racing program shall

be conducted at the State Fair each year, unless an

alternate racing program is requested by the Illinois

Standardbred Breeders Fund Advisory Board, which program

shall include at least the following races limited to

Illinois conceived and foaled horses: (a) a 2-year-old

Trot and Pace, and Filly Division of each; (b) a

3-year-old Trot and Pace, and Filly Division of each; (c)

an aged Trot and Pace, and Mare Division of each.

4. Provide for the payment of nominating, sustaining,

and starting fees for races promoting the sport of harness

racing and for the races to be conducted at the State Fair

as provided in paragraph subsection (j) 3 of this

subsection Section provided that the nominating,

sustaining, and starting payment required from an entrant

shall not exceed 2% of the purse of such race. All

nominating, sustaining, and starting payments shall be

held for the benefit of entrants and shall be paid out as

part of the respective purses for such races. Nominating,

sustaining, and starting fees shall be held in trust

accounts for the purposes as set forth in this Act and in

accordance with Section 205-15 of the Department of

Agriculture Law.

5. Provide for the registration with the Department of

Agriculture of Colt Associations or county fairs desiring

to sponsor races at county fairs.

6. Provide for the promotion of producing standardbred

racehorses by providing a bonus award program for owners

of 2-year-old horses that win multiple major stakes races

that are limited to Illinois conceived and foaled horses.

(k) The Department of Agriculture, with the advice and

assistance of the Illinois Standardbred Breeders Fund Advisory

Board, may allocate monies for purse supplements for such

races. In determining whether to allocate money and the

amount, the Department of Agriculture shall consider factors,

including, but not limited to, the amount of money transferred

into the Illinois Standardbred Breeders Fund, the number of

races that may occur, and an organization licensee's purse

structure. The organization licensee shall notify the

Department of Agriculture of the conditions and minimum purses

for races limited to Illinois conceived and foaled horses to

be conducted by each organization licensee conducting a

harness racing meeting for which purse supplements have been

negotiated.

(l) All races held at county fairs and the State Fair which

receive funds from the Illinois Standardbred Breeders Fund

shall be conducted in accordance with the rules of the United

States Trotting Association unless otherwise modified by the

Department of Agriculture.

(m) At all standardbred race meetings held or conducted

under authority of a license granted by the Board, and at all

standardbred races held at county fairs which are approved by

the Department of Agriculture or at the Illinois or DuQuoin

State Fairs, no one shall jog, train, warm up, or drive a

standardbred horse unless he or she is wearing a protective

safety helmet, with the chin strap fastened and in place,

which meets the standards and requirements as set forth in the

1984 Standard for Protective Headgear for Use in Harness

Racing and Other Equestrian Sports published by the Snell

Memorial Foundation, or any standards and requirements for

headgear the Illinois Racing Board may approve. Any other

standards and requirements so approved by the Board shall

equal or exceed those published by the Snell Memorial

Foundation. Any equestrian helmet bearing the Snell label

shall be deemed to have met those standards and requirements.

(Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21;

103-8, eff. 6-7-23; revised 9-26-23.)

Section 440. The Liquor Control Act of 1934 is amended by

changing Section 5-3 as follows:

(235 ILCS 5/5-3) (from Ch. 43, par. 118)

Sec. 5-3. License fees. Except as otherwise provided

herein, at the time application is made to the State

Commission for a license of any class, the applicant shall pay

to the State Commission the fee hereinafter provided for the

kind of license applied for.

The fee for licenses issued by the State Commission shall

be as follows:

Online Initial renewal license or

non-online renewal

For a manufacturer's license: Class 1. Distiller ................. $4,000 $5,000 Class 2. Rectifier ................. 4,000 5,000 Class 3. Brewer .................... 1,200 1,500 Class 4. First-class Wine Manufacturer ................... 750 900 Class 5. Second-class Wine Manufacturer .............. 1,500 1,750 Class 6. First-class wine-maker .... 750 900 Class 7. Second-class wine-maker ... 1,500 1,750 Class 8. Limited Wine Manufacturer.................... 250 350 Class 9. Craft Distiller............ 2,000 2,500 Class 10. Class 1 Craft Distiller... 50 75 Class 11. Class 2 Craft Distiller... 75 100 Class 12. Class 1 Brewer............ 50 75 Class 13. Class 2 Brewer............ 75 100 Class 14. Class 3 Brewer............ 25 50 For a Brew Pub License.............. 1,200 1,500 For a Distilling Pub License........ 1,200 1,500 For a caterer retailer's license.... 350 500 For a foreign importer's license ... 25 25 For an importing distributor's license......................... 25 25

For a distributor's license (11,250,000 gallons or over)........................ 1,450 2,200 For a distributor's license (over 4,500,000 gallons, but under 11,250,000 gallons)....... 950 1,450 For a distributor's license (4,500,000 gallons or under).... 300 450 For a non-resident dealer's license (500,000 gallons or over) or with self-distribution privileges ..................... 1,200 1,500 For a non-resident dealer's license (under 500,000 gallons) ........ 250 350 For a wine-maker's premises license ........................ 250 500 For a winery shipper's license (under 250,000 gallons)......... 200 350 For a winery shipper's license (250,000 or over, but under 500,000 gallons).......... 750 1,000 For a winery shipper's license (500,000 gallons or over)....... 1,200 1,500 For a wine-maker's premises license, second location ....... 500 1,000 For a wine-maker's premises

license, third location ........ 500 1,000 For a retailer's license ........... 600 750 For a special event retailer's license, (not-for-profit) ...... 25 25 For a beer showcase permit, one day only ................... 100 150 2 days or more ................. 150 250 For a special use permit license, one day only ................... 100 150 2 days or more ................. 150 250 For a railroad license ............. 100 150 For a boat license ................. 500 1,000 For an airplane license, times the licensee's maximum number of aircraft in flight, serving liquor over the State at any given time, which either originate, terminate, or make an intermediate stop in the State....................... 100 150 For a non-beverage user's license: Class 1 ........................ 24 24 Class 2 ........................ 60 60 Class 3 ........................ 120 120 Class 4 ........................ 240 240 Class 5 ........................ 600 600

For a broker's license ............. 750 1,000 For an auction liquor license ...... 100 150 For a homebrewer special event permit.................... 25 25 For a craft distiller tasting permit.................. 25 25 For a BASSET trainer license........ 300 350 For a tasting representative license......................... 200 300 For a brewer warehouse permit....... 25 25 For a craft distiller warehouse permit................ 25 25

Fees collected under this Section shall be paid into the

Dram Shop Fund. The State Commission shall waive license

renewal fees for those retailers' licenses that are designated

as "1A" by the State Commission and expire on or after July 1,

2022, and on or before June 30, 2023. One-half of the funds

received for a retailer's license shall be paid into the Dram

Shop Fund and one-half of the funds received for a retailer's

license shall be paid into the General Revenue Fund.

No fee shall be paid for licenses issued by the State

Commission to the following non-beverage users:

(a) Hospitals, sanitariums, or clinics when their use

of alcoholic liquor is exclusively medicinal, mechanical,

or scientific.

(b) Universities, colleges of learning, or schools

when their use of alcoholic liquor is exclusively

medicinal, mechanical, or scientific.

(c) Laboratories when their use is exclusively for the

purpose of scientific research.

(Source: P.A. 102-442, eff. 8-20-21; 102-558, eff. 8-20-21;

102-699, eff. 4-19-22; 102-1142, eff. 2-17-23; 103-154, eff.

6-30-23; revised 9-5-23.)

Section 445. The Illinois Public Aid Code is amended by

changing Sections 5-4.2, 5-5, 5-5.01a, 5-5.05, 5-5.2, 5-16.8,

5A-12.7, 6-9, and 6-12, by setting forth, renumbering, and

changing multiple versions of Section 5-47, and by setting

forth and renumbering multiple versions of Section 12-4.57 as

follows:

(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, air 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).

(c-5) For purposes of this Section, "air ambulance

service" means medical transport by helicopter or airplane for

patients, as defined in 29 U.S.C. 1185f(c)(1), and any service

that is described as an air ambulance service by the federal

Centers for Medicare and Medicaid Services.

(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-6) Within 90 days after June 2, 2022 (the effective

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

General Assembly and subject to federal approval, the

Department shall file rules to allow for the approval of

ground ambulance services when the sole purpose of the

transport is for the navigation of stairs or the assisting or

lifting of a patient at a medical facility or during a medical

appointment in instances where the Department or a contracted

Medicaid managed care organization or their transportation

broker is unable to secure transportation through any other

transportation provider.

(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) Subject to federal approval, on and after January 1,

2024 through June 30, 2026, the Department shall increase the

base rate of reimbursement for both base charges and mileage

charges for ground ambulance service providers not

participating in the Ground Emergency Medical Transportation

(GEMT) Program for medical transportation services provided by

means of a ground ambulance to a level not lower than 140% of

the base rate in effect as of January 1, 2023.

(j) For the purpose of understanding ground ambulance

transportation services cost structures and their impact on

the Medical Assistance Program, the Department shall engage

stakeholders, including, but not limited to, a statewide

association representing private ground ambulance service

providers in Illinois, to develop recommendations for a plan

for the regular collection of cost data for all ground

ambulance transportation providers reimbursed under the

Illinois Title XIX State Plan. Cost data obtained through this

process shall be used to inform on and to ensure the

effectiveness and efficiency of Illinois Medicaid rates. The

Department shall establish a process to limit public

availability of portions of the cost report data determined to

be proprietary. This process shall be concluded and

recommendations shall be provided no later than April 1, 2024.

(k) (j) Subject to federal approval, beginning on January

1, 2024, the Department shall increase the base rate of

reimbursement for both base charges and mileage charges for

medical transportation services provided by means of an air

ambulance to a level not lower than 50% of the Medicare

ambulance fee schedule rates, by designated Medicare locality,

in effect on January 1, 2023.

(Source: P.A. 102-364, eff. 1-1-22; 102-650, eff. 8-27-21;

102-813, eff. 5-13-22; 102-1037, eff. 6-2-22; 103-102, Article

70, Section 70-5, eff. 1-1-24; 103-102, Article 80, Section

80-5, eff. 1-1-24; revised 12-15-23.)

(305 ILCS 5/5-5)

Sec. 5-5. Medical services. The Illinois Department, by

rule, shall determine the quantity and quality of and the rate

of reimbursement for the medical assistance for which payment

will be authorized, and the medical services to be provided,

which may include all or part of the following: (1) inpatient

hospital services; (2) outpatient hospital services; (3) other

laboratory and X-ray services; (4) skilled nursing home

services; (5) physicians' services whether furnished in the

office, the patient's home, a hospital, a skilled nursing

home, or elsewhere; (6) medical care, or any other type of

remedial care furnished by licensed practitioners; (7) home

health care services; (8) private duty nursing service; (9)

clinic services; (10) dental services, including prevention

and treatment of periodontal disease and dental caries disease

for pregnant individuals, provided by an individual licensed

to practice dentistry or dental surgery; for purposes of this

item (10), "dental services" means diagnostic, preventive, or

corrective procedures provided by or under the supervision of

a dentist in the practice of his or her profession; (11)

physical therapy and related services; (12) prescribed drugs,

dentures, and prosthetic devices; and eyeglasses prescribed by

a physician skilled in the diseases of the eye, or by an

optometrist, whichever the person may select; (13) other

diagnostic, screening, preventive, and rehabilitative

services, including to ensure that the individual's need for

intervention or treatment of mental disorders or substance use

disorders or co-occurring mental health and substance use

disorders is determined using a uniform screening, assessment,

and evaluation process inclusive of criteria, for children and

adults; for purposes of this item (13), a uniform screening,

assessment, and evaluation process refers to a process that

includes an appropriate evaluation and, as warranted, a

referral; "uniform" does not mean the use of a singular

instrument, tool, or process that all must utilize; (14)

transportation and such other expenses as may be necessary;

(15) medical treatment of sexual assault survivors, as defined

in Section 1a of the Sexual Assault Survivors Emergency

Treatment Act, for injuries sustained as a result of the

sexual assault, including examinations and laboratory tests to

discover evidence which may be used in criminal proceedings

arising from the sexual assault; (16) the diagnosis and

treatment of sickle cell anemia; (16.5) services performed by

a chiropractic physician licensed under the Medical Practice

Act of 1987 and acting within the scope of his or her license,

including, but not limited to, chiropractic manipulative

treatment; and (17) any other medical care, and any other type

of remedial care recognized under the laws of this State. The

term "any other type of remedial care" shall include nursing

care and nursing home service for persons who rely on

treatment by spiritual means alone through prayer for healing.

Notwithstanding any other provision of this Section, a

comprehensive tobacco use cessation program that includes

purchasing prescription drugs or prescription medical devices

approved by the Food and Drug Administration shall be covered

under the medical assistance program under this Article for

persons who are otherwise eligible for assistance under this

Article.

Notwithstanding any other provision of this Code,

reproductive health care that is otherwise legal in Illinois

shall be covered under the medical assistance program for

persons who are otherwise eligible for medical assistance

under this Article.

Notwithstanding any other provision of this Section, all

tobacco cessation medications approved by the United States

Food and Drug Administration and all individual and group

tobacco cessation counseling services and telephone-based

counseling services and tobacco cessation medications provided

through the Illinois Tobacco Quitline shall be covered under

the medical assistance program for persons who are otherwise

eligible for assistance under this Article. The Department

shall comply with all federal requirements necessary to obtain

federal financial participation, as specified in 42 CFR

433.15(b)(7), for telephone-based counseling services provided

through the Illinois Tobacco Quitline, including, but not

limited to: (i) entering into a memorandum of understanding or

interagency agreement with the Department of Public Health, as

administrator of the Illinois Tobacco Quitline; and (ii)

developing a cost allocation plan for Medicaid-allowable

Illinois Tobacco Quitline services in accordance with 45 CFR

95.507. The Department shall submit the memorandum of

understanding or interagency agreement, the cost allocation

plan, and all other necessary documentation to the Centers for

Medicare and Medicaid Services for review and approval.

Coverage under this paragraph shall be contingent upon federal

approval.

Notwithstanding any other provision of this Code, the

Illinois Department may not require, as a condition of payment

for any laboratory test authorized under this Article, that a

physician's handwritten signature appear on the laboratory

test order form. The Illinois Department may, however, impose

other appropriate requirements regarding laboratory test order

documentation.

Upon receipt of federal approval of an amendment to the

Illinois Title XIX State Plan for this purpose, the Department

shall authorize the Chicago Public Schools (CPS) to procure a

vendor or vendors to manufacture eyeglasses for individuals

enrolled in a school within the CPS system. CPS shall ensure

that its vendor or vendors are enrolled as providers in the

medical assistance program and in any capitated Medicaid

managed care entity (MCE) serving individuals enrolled in a

school within the CPS system. Under any contract procured

under this provision, the vendor or vendors must serve only

individuals enrolled in a school within the CPS system. Claims

for services provided by CPS's vendor or vendors to recipients

of benefits in the medical assistance program under this Code,

the Children's Health Insurance Program, or the Covering ALL

KIDS Health Insurance Program shall be submitted to the

Department or the MCE in which the individual is enrolled for

payment and shall be reimbursed at the Department's or the

MCE's established rates or rate methodologies for eyeglasses.

On and after July 1, 2012, the Department of Healthcare

and Family Services may provide the following services to

persons eligible for assistance under this Article who are

participating in education, training or employment programs

operated by the Department of Human Services as successor to

the Department of Public Aid:

(1) dental services provided by or under the

supervision of a dentist; and

(2) eyeglasses prescribed by a physician skilled in

the diseases of the eye, or by an optometrist, whichever

the person may select.

On and after July 1, 2018, the Department of Healthcare

and Family Services shall provide dental services to any adult

who is otherwise eligible for assistance under the medical

assistance program. As used in this paragraph, "dental

services" means diagnostic, preventative, restorative, or

corrective procedures, including procedures and services for

the prevention and treatment of periodontal disease and dental

caries disease, provided by an individual who is licensed to

practice dentistry or dental surgery or who is under the

supervision of a dentist in the practice of his or her

profession.

On and after July 1, 2018, targeted dental services, as

set forth in Exhibit D of the Consent Decree entered by the

United States District Court for the Northern District of

Illinois, Eastern Division, in the matter of Memisovski v.

Maram, Case No. 92 C 1982, that are provided to adults under

the medical assistance program shall be established at no less

than the rates set forth in the "New Rate" column in Exhibit D

of the Consent Decree for targeted dental services that are

provided to persons under the age of 18 under the medical

assistance program.

Notwithstanding any other provision of this Code and

subject to federal approval, the Department may adopt rules to

allow a dentist who is volunteering his or her service at no

cost to render dental services through an enrolled

not-for-profit health clinic without the dentist personally

enrolling as a participating provider in the medical

assistance program. A not-for-profit health clinic shall

include a public health clinic or Federally Qualified Health

Center or other enrolled provider, as determined by the

Department, through which dental services covered under this

Section are performed. The Department shall establish a

process for payment of claims for reimbursement for covered

dental services rendered under this provision.

On and after January 1, 2022, the Department of Healthcare

and Family Services shall administer and regulate a

school-based dental program that allows for the out-of-office

delivery of preventative dental services in a school setting

to children under 19 years of age. The Department shall

establish, by rule, guidelines for participation by providers

and set requirements for follow-up referral care based on the

requirements established in the Dental Office Reference Manual

published by the Department that establishes the requirements

for dentists participating in the All Kids Dental School

Program. Every effort shall be made by the Department when

developing the program requirements to consider the different

geographic differences of both urban and rural areas of the

State for initial treatment and necessary follow-up care. No

provider shall be charged a fee by any unit of local government

to participate in the school-based dental program administered

by the Department. Nothing in this paragraph shall be

construed to limit or preempt a home rule unit's or school

district's authority to establish, change, or administer a

school-based dental program in addition to, or independent of,

the school-based dental program administered by the

Department.

The Illinois Department, by rule, may distinguish and

classify the medical services to be provided only in

accordance with the classes of persons designated in Section

5-2.

The Department of Healthcare and Family Services must

provide coverage and reimbursement for amino acid-based

elemental formulas, regardless of delivery method, for the

diagnosis and treatment of (i) eosinophilic disorders and (ii)

short bowel syndrome when the prescribing physician has issued

a written order stating that the amino acid-based elemental

formula is medically necessary.

The Illinois Department shall authorize the provision of,

and shall authorize payment for, screening by low-dose

mammography for the presence of occult breast cancer for

individuals 35 years of age or older who are eligible for

medical assistance under this Article, as follows:

(A) A baseline mammogram for individuals 35 to 39

years of age.

(B) An annual mammogram for individuals 40 years of

age or older.

(C) A mammogram at the age and intervals considered

medically necessary by the individual's health care

provider for individuals under 40 years of age and having

a family history of breast cancer, prior personal history

of breast cancer, positive genetic testing, or other risk

factors.

(D) A comprehensive ultrasound screening and MRI of an

entire breast or breasts if a mammogram demonstrates

heterogeneous or dense breast tissue or when medically

necessary as determined by a physician licensed to

practice medicine in all of its branches.

(E) A screening MRI when medically necessary, as

determined by a physician licensed to practice medicine in

all of its branches.

(F) A diagnostic mammogram when medically necessary,

as determined by a physician licensed to practice medicine

in all its branches, advanced practice registered nurse,

or physician assistant.

The Department shall not impose a deductible, coinsurance,

copayment, or any other cost-sharing requirement on the

coverage provided under this paragraph; except that this

sentence does not apply to coverage of diagnostic mammograms

to the extent such coverage would disqualify a high-deductible

health plan from eligibility for a health savings account

pursuant to Section 223 of the Internal Revenue Code (26

U.S.C. 223).

All screenings shall include a physical breast exam,

instruction on self-examination and information regarding the

frequency of self-examination and its value as a preventative

tool.

For purposes of this Section:

"Diagnostic mammogram" means a mammogram obtained using

diagnostic mammography.

"Diagnostic mammography" means a method of screening that

is designed to evaluate an abnormality in a breast, including

an abnormality seen or suspected on a screening mammogram or a

subjective or objective abnormality otherwise detected in the

breast.

"Low-dose mammography" means the x-ray examination of the

breast using equipment dedicated specifically for mammography,

including the x-ray tube, filter, compression device, and

image receptor, with an average radiation exposure delivery of

less than one rad per breast for 2 views of an average size

breast. The term also includes digital mammography and

includes breast tomosynthesis.

"Breast tomosynthesis" means a radiologic procedure that

involves the acquisition of projection images over the

stationary breast to produce cross-sectional digital

three-dimensional images of the breast.

If, at any time, the Secretary of the United States

Department of Health and Human Services, or its successor

agency, promulgates rules or regulations to be published in

the Federal Register or publishes a comment in the Federal

Register or issues an opinion, guidance, or other action that

would require the State, pursuant to any provision of the

Patient Protection and Affordable Care Act (Public Law

111-148), including, but not limited to, 42 U.S.C.

18031(d)(3)(B) or any successor provision, to defray the cost

of any coverage for breast tomosynthesis outlined in this

paragraph, then the requirement that an insurer cover breast

tomosynthesis is inoperative other than any such coverage

authorized under Section 1902 of the Social Security Act, 42

U.S.C. 1396a, and the State shall not assume any obligation

for the cost of coverage for breast tomosynthesis set forth in

this paragraph.

On and after January 1, 2016, the Department shall ensure

that all networks of care for adult clients of the Department

include access to at least one breast imaging Center of

Imaging Excellence as certified by the American College of

Radiology.

On and after January 1, 2012, providers participating in a

quality improvement program approved by the Department shall

be reimbursed for screening and diagnostic mammography at the

same rate as the Medicare program's rates, including the

increased reimbursement for digital mammography and, after

January 1, 2023 (the effective date of Public Act 102-1018),

breast tomosynthesis.

The Department shall convene an expert panel including

representatives of hospitals, free-standing mammography

facilities, and doctors, including radiologists, to establish

quality standards for mammography.

On and after January 1, 2017, providers participating in a

breast cancer treatment quality improvement program approved

by the Department shall be reimbursed for breast cancer

treatment at a rate that is no lower than 95% of the Medicare

program's rates for the data elements included in the breast

cancer treatment quality program.

The Department shall convene an expert panel, including

representatives of hospitals, free-standing breast cancer

treatment centers, breast cancer quality organizations, and

doctors, including breast surgeons, reconstructive breast

surgeons, oncologists, and primary care providers to establish

quality standards for breast cancer treatment.

Subject to federal approval, the Department shall

establish a rate methodology for mammography at federally

qualified health centers and other encounter-rate clinics.

These clinics or centers may also collaborate with other

hospital-based mammography facilities. By January 1, 2016, the

Department shall report to the General Assembly on the status

of the provision set forth in this paragraph.

The Department shall establish a methodology to remind

individuals who are age-appropriate for screening mammography,

but who have not received a mammogram within the previous 18

months, of the importance and benefit of screening

mammography. The Department shall work with experts in breast

cancer outreach and patient navigation to optimize these

reminders and shall establish a methodology for evaluating

their effectiveness and modifying the methodology based on the

evaluation.

The Department shall establish a performance goal for

primary care providers with respect to their female patients

over age 40 receiving an annual mammogram. This performance

goal shall be used to provide additional reimbursement in the

form of a quality performance bonus to primary care providers

who meet that goal.

The Department shall devise a means of case-managing or

patient navigation for beneficiaries diagnosed with breast

cancer. This program shall initially operate as a pilot

program in areas of the State with the highest incidence of

mortality related to breast cancer. At least one pilot program

site shall be in the metropolitan Chicago area and at least one

site shall be outside the metropolitan Chicago area. On or

after July 1, 2016, the pilot program shall be expanded to

include one site in western Illinois, one site in southern

Illinois, one site in central Illinois, and 4 sites within

metropolitan Chicago. An evaluation of the pilot program shall

be carried out measuring health outcomes and cost of care for

those served by the pilot program compared to similarly

situated patients who are not served by the pilot program.

The Department shall require all networks of care to

develop a means either internally or by contract with experts

in navigation and community outreach to navigate cancer

patients to comprehensive care in a timely fashion. The

Department shall require all networks of care to include

access for patients diagnosed with cancer to at least one

academic commission on cancer-accredited cancer program as an

in-network covered benefit.

The Department shall provide coverage and reimbursement

for a human papillomavirus (HPV) vaccine that is approved for

marketing by the federal Food and Drug Administration for all

persons between the ages of 9 and 45. Subject to federal

approval, the Department shall provide coverage and

reimbursement for a human papillomavirus (HPV) vaccine for

persons of the age of 46 and above who have been diagnosed with

cervical dysplasia with a high risk of recurrence or

progression. The Department shall disallow any

preauthorization requirements for the administration of the

human papillomavirus (HPV) vaccine.

On or after July 1, 2022, individuals who are otherwise

eligible for medical assistance under this Article shall

receive coverage for perinatal depression screenings for the

12-month period beginning on the last day of their pregnancy.

Medical assistance coverage under this paragraph shall be

conditioned on the use of a screening instrument approved by

the Department.

Any medical or health care provider shall immediately

recommend, to any pregnant individual who is being provided

prenatal services and is suspected of having a substance use

disorder as defined in the Substance Use Disorder Act,

referral to a local substance use disorder treatment program

licensed by the Department of Human Services or to a licensed

hospital which provides substance abuse treatment services.

The Department of Healthcare and Family Services shall assure

coverage for the cost of treatment of the drug abuse or

addiction for pregnant recipients in accordance with the

Illinois Medicaid Program in conjunction with the Department

of Human Services.

All medical providers providing medical assistance to

pregnant individuals under this Code shall receive information

from the Department on the availability of services under any

program providing case management services for addicted

individuals, including information on appropriate referrals

for other social services that may be needed by addicted

individuals in addition to treatment for addiction.

The Illinois Department, in cooperation with the

Departments of Human Services (as successor to the Department

of Alcoholism and Substance Abuse) and Public Health, through

a public awareness campaign, may provide information

concerning treatment for alcoholism and drug abuse and

addiction, prenatal health care, and other pertinent programs

directed at reducing the number of drug-affected infants born

to recipients of medical assistance.

Neither the Department of Healthcare and Family Services

nor the Department of Human Services shall sanction the

recipient solely on the basis of the recipient's substance

abuse.

The Illinois Department shall establish such regulations

governing the dispensing of health services under this Article

as it shall deem appropriate. The Department should seek the

advice of formal professional advisory committees appointed by

the Director of the Illinois Department for the purpose of

providing regular advice on policy and administrative matters,

information dissemination and educational activities for

medical and health care providers, and consistency in

procedures to the Illinois Department.

The Illinois Department may develop and contract with

Partnerships of medical providers to arrange medical services

for persons eligible under Section 5-2 of this Code.

Implementation of this Section may be by demonstration

projects in certain geographic areas. The Partnership shall be

represented by a sponsor organization. The Department, by

rule, shall develop qualifications for sponsors of

Partnerships. Nothing in this Section shall be construed to

require that the sponsor organization be a medical

organization.

The sponsor must negotiate formal written contracts with

medical providers for physician services, inpatient and

outpatient hospital care, home health services, treatment for

alcoholism and substance abuse, and other services determined

necessary by the Illinois Department by rule for delivery by

Partnerships. Physician services must include prenatal and

obstetrical care. The Illinois Department shall reimburse

medical services delivered by Partnership providers to clients

in target areas according to provisions of this Article and

the Illinois Health Finance Reform Act, except that:

(1) Physicians participating in a Partnership and

providing certain services, which shall be determined by

the Illinois Department, to persons in areas covered by

the Partnership may receive an additional surcharge for

such services.

(2) The Department may elect to consider and negotiate

financial incentives to encourage the development of

Partnerships and the efficient delivery of medical care.

(3) Persons receiving medical services through

Partnerships may receive medical and case management

services above the level usually offered through the

medical assistance program.

Medical providers shall be required to meet certain

qualifications to participate in Partnerships to ensure the

delivery of high quality medical services. These

qualifications shall be determined by rule of the Illinois

Department and may be higher than qualifications for

participation in the medical assistance program. Partnership

sponsors may prescribe reasonable additional qualifications

for participation by medical providers, only with the prior

written approval of the Illinois Department.

Nothing in this Section shall limit the free choice of

practitioners, hospitals, and other providers of medical

services by clients. In order to ensure patient freedom of

choice, the Illinois Department shall immediately promulgate

all rules and take all other necessary actions so that

provided services may be accessed from therapeutically

certified optometrists to the full extent of the Illinois

Optometric Practice Act of 1987 without discriminating between

service providers.

The Department shall apply for a waiver from the United

States Health Care Financing Administration to allow for the

implementation of Partnerships under this Section.

The Illinois Department shall require health care

providers to maintain records that document the medical care

and services provided to recipients of Medical Assistance

under this Article. Such records must be retained for a period

of not less than 6 years from the date of service or as

provided by applicable State law, whichever period is longer,

except that if an audit is initiated within the required

retention period then the records must be retained until the

audit is completed and every exception is resolved. The

Illinois Department shall require health care providers to

make available, when authorized by the patient, in writing,

the medical records in a timely fashion to other health care

providers who are treating or serving persons eligible for

Medical Assistance under this Article. All dispensers of

medical services shall be required to maintain and retain

business and professional records sufficient to fully and

accurately document the nature, scope, details and receipt of

the health care provided to persons eligible for medical

assistance under this Code, in accordance with regulations

promulgated by the Illinois Department. The rules and

regulations shall require that proof of the receipt of

prescription drugs, dentures, prosthetic devices and

eyeglasses by eligible persons under this Section accompany

each claim for reimbursement submitted by the dispenser of

such medical services. No such claims for reimbursement shall

be approved for payment by the Illinois Department without

such proof of receipt, unless the Illinois Department shall

have put into effect and shall be operating a system of

post-payment audit and review which shall, on a sampling

basis, be deemed adequate by the Illinois Department to assure

that such drugs, dentures, prosthetic devices and eyeglasses

for which payment is being made are actually being received by

eligible recipients. Within 90 days after September 16, 1984

(the effective date of Public Act 83-1439), the Illinois

Department shall establish a current list of acquisition costs

for all prosthetic devices and any other items recognized as

medical equipment and supplies reimbursable under this Article

and shall update such list on a quarterly basis, except that

the acquisition costs of all prescription drugs shall be

updated no less frequently than every 30 days as required by

Section 5-5.12.

Notwithstanding any other law to the contrary, the

Illinois Department shall, within 365 days after July 22, 2013

(the effective date of Public Act 98-104), establish

procedures to permit skilled care facilities licensed under

the Nursing Home Care Act to submit monthly billing claims for

reimbursement purposes. Following development of these

procedures, the Department shall, by July 1, 2016, test the

viability of the new system and implement any necessary

operational or structural changes to its information

technology platforms in order to allow for the direct

acceptance and payment of nursing home claims.

Notwithstanding any other law to the contrary, the

Illinois Department shall, within 365 days after August 15,

2014 (the effective date of Public Act 98-963), establish

procedures to permit ID/DD facilities licensed under the ID/DD

Community Care Act and MC/DD facilities licensed under the

MC/DD Act to submit monthly billing claims for reimbursement

purposes. Following development of these procedures, the

Department shall have an additional 365 days to test the

viability of the new system and to ensure that any necessary

operational or structural changes to its information

technology platforms are implemented.

The Illinois Department shall require all dispensers of

medical services, other than an individual practitioner or

group of practitioners, desiring to participate in the Medical

Assistance program established under this Article to disclose

all financial, beneficial, ownership, equity, surety or other

interests in any and all firms, corporations, partnerships,

associations, business enterprises, joint ventures, agencies,

institutions or other legal entities providing any form of

health care services in this State under this Article.

The Illinois Department may require that all dispensers of

medical services desiring to participate in the medical

assistance program established under this Article disclose,

under such terms and conditions as the Illinois Department may

by rule establish, all inquiries from clients and attorneys

regarding medical bills paid by the Illinois Department, which

inquiries could indicate potential existence of claims or

liens for the Illinois Department.

Enrollment of a vendor shall be subject to a provisional

period and shall be conditional for one year. During the

period of conditional enrollment, the Department may terminate

the vendor's eligibility to participate in, or may disenroll

the vendor from, the medical assistance program without cause.

Unless otherwise specified, such termination of eligibility or

disenrollment is not subject to the Department's hearing

process. However, a disenrolled vendor may reapply without

penalty.

The Department has the discretion to limit the conditional

enrollment period for vendors based upon the category of risk

of the vendor.

Prior to enrollment and during the conditional enrollment

period in the medical assistance program, all vendors shall be

subject to enhanced oversight, screening, and review based on

the risk of fraud, waste, and abuse that is posed by the

category of risk of the vendor. The Illinois Department shall

establish the procedures for oversight, screening, and review,

which may include, but need not be limited to: criminal and

financial background checks; fingerprinting; license,

certification, and authorization verifications; unscheduled or

unannounced site visits; database checks; prepayment audit

reviews; audits; payment caps; payment suspensions; and other

screening as required by federal or State law.

The Department shall define or specify the following: (i)

by provider notice, the "category of risk of the vendor" for

each type of vendor, which shall take into account the level of

screening applicable to a particular category of vendor under

federal law and regulations; (ii) by rule or provider notice,

the maximum length of the conditional enrollment period for

each category of risk of the vendor; and (iii) by rule, the

hearing rights, if any, afforded to a vendor in each category

of risk of the vendor that is terminated or disenrolled during

the conditional enrollment period.

To be eligible for payment consideration, a vendor's

payment claim or bill, either as an initial claim or as a

resubmitted claim following prior rejection, must be received

by the Illinois Department, or its fiscal intermediary, no

later than 180 days after the latest date on the claim on which

medical goods or services were provided, with the following

exceptions:

(1) In the case of a provider whose enrollment is in

process by the Illinois Department, the 180-day period

shall not begin until the date on the written notice from

the Illinois Department that the provider enrollment is

complete.

(2) In the case of errors attributable to the Illinois

Department or any of its claims processing intermediaries

which result in an inability to receive, process, or

adjudicate a claim, the 180-day period shall not begin

until the provider has been notified of the error.

(3) In the case of a provider for whom the Illinois

Department initiates the monthly billing process.

(4) In the case of a provider operated by a unit of

local government with a population exceeding 3,000,000

when local government funds finance federal participation

for claims payments.

For claims for services rendered during a period for which

a recipient received retroactive eligibility, claims must be

filed within 180 days after the Department determines the

applicant is eligible. For claims for which the Illinois

Department is not the primary payer, claims must be submitted

to the Illinois Department within 180 days after the final

adjudication by the primary payer.

In the case of long term care facilities, within 120

calendar days of receipt by the facility of required

prescreening information, new admissions with associated

admission documents shall be submitted through the Medical

Electronic Data Interchange (MEDI) or the Recipient

Eligibility Verification (REV) System or shall be submitted

directly to the Department of Human Services using required

admission forms. Effective September 1, 2014, admission

documents, including all prescreening information, must be

submitted through MEDI or REV. Confirmation numbers assigned

to an accepted transaction shall be retained by a facility to

verify timely submittal. Once an admission transaction has

been completed, all resubmitted claims following prior

rejection are subject to receipt no later than 180 days after

the admission transaction has been completed.

Claims that are not submitted and received in compliance

with the foregoing requirements shall not be eligible for

payment under the medical assistance program, and the State

shall have no liability for payment of those claims.

To the extent consistent with applicable information and

privacy, security, and disclosure laws, State and federal

agencies and departments shall provide the Illinois Department

access to confidential and other information and data

necessary to perform eligibility and payment verifications and

other Illinois Department functions. This includes, but is not

limited to: information pertaining to licensure;

certification; earnings; immigration status; citizenship; wage

reporting; unearned and earned income; pension income;

employment; supplemental security income; social security

numbers; National Provider Identifier (NPI) numbers; the

National Practitioner Data Bank (NPDB); program and agency

exclusions; taxpayer identification numbers; tax delinquency;

corporate information; and death records.

The Illinois Department shall enter into agreements with

State agencies and departments, and is authorized to enter

into agreements with federal agencies and departments, under

which such agencies and departments shall share data necessary

for medical assistance program integrity functions and

oversight. The Illinois Department shall develop, in

cooperation with other State departments and agencies, and in

compliance with applicable federal laws and regulations,

appropriate and effective methods to share such data. At a

minimum, and to the extent necessary to provide data sharing,

the Illinois Department shall enter into agreements with State

agencies and departments, and is authorized to enter into

agreements with federal agencies and departments, including,

but not limited to: the Secretary of State; the Department of

Revenue; the Department of Public Health; the Department of

Human Services; and the Department of Financial and

Professional Regulation.

Beginning in fiscal year 2013, the Illinois Department

shall set forth a request for information to identify the

benefits of a pre-payment, post-adjudication, and post-edit

claims system with the goals of streamlining claims processing

and provider reimbursement, reducing the number of pending or

rejected claims, and helping to ensure a more transparent

adjudication process through the utilization of: (i) provider

data verification and provider screening technology; and (ii)

clinical code editing; and (iii) pre-pay, pre-adjudicated, 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 fee for service and managed

care medical assistance programs for persons who are otherwise

eligible for medical assistance under this Article and shall

not be subject to any (1) utilization control, other than

those established under the American Society of Addiction

Medicine patient placement criteria, (2) prior authorization

mandate, or (3) lifetime restriction limit mandate.

On or after July 1, 2015, opioid antagonists prescribed

for the treatment of an opioid overdose, including the

medication product, administration devices, and any pharmacy

fees or hospital fees related to the dispensing, distribution,

and administration of the opioid antagonist, shall be covered

under the medical assistance program for persons who are

otherwise eligible for medical assistance under this Article.

As used in this Section, "opioid antagonist" means a drug that

binds to opioid receptors and blocks or inhibits the effect of

opioids acting on those receptors, including, but not limited

to, naloxone hydrochloride or any other similarly acting drug

approved by the U.S. Food and Drug Administration. The

Department shall not impose a copayment on the coverage

provided for naloxone hydrochloride under the medical

assistance program.

Upon federal approval, the Department shall provide

coverage and reimbursement for all drugs that are approved for

marketing by the federal Food and Drug Administration and that

are recommended by the federal Public Health Service or the

United States Centers for Disease Control and Prevention for

pre-exposure prophylaxis and related pre-exposure prophylaxis

services, including, but not limited to, HIV and sexually

transmitted infection screening, treatment for sexually

transmitted infections, medical monitoring, assorted labs, and

counseling to reduce the likelihood of HIV infection among

individuals who are not infected with HIV but who are at high

risk of HIV infection.

A federally qualified health center, as defined in Section

1905(l)(2)(B) of the federal Social Security Act, shall be

reimbursed by the Department in accordance with the federally

qualified health center's encounter rate for services provided

to medical assistance recipients that are performed by a

dental hygienist, as defined under the Illinois Dental

Practice Act, working under the general supervision of a

dentist and employed by a federally qualified health center.

Within 90 days after October 8, 2021 (the effective date

of Public Act 102-665), the Department shall seek federal

approval of a State Plan amendment to expand coverage for

family planning services that includes presumptive eligibility

to individuals whose income is at or below 208% of the federal

poverty level. Coverage under this Section shall be effective

beginning no later than December 1, 2022.

Subject to approval by the federal Centers for Medicare

and Medicaid Services of a Title XIX State Plan amendment

electing the Program of All-Inclusive Care for the Elderly

(PACE) as a State Medicaid option, as provided for by Subtitle

I (commencing with Section 4801) of Title IV of the Balanced

Budget Act of 1997 (Public Law 105-33) and Part 460

(commencing with Section 460.2) of Subchapter E of Title 42 of

the Code of Federal Regulations, PACE program services shall

become a covered benefit of the medical assistance program,

subject to criteria established in accordance with all

applicable laws.

Notwithstanding any other provision of this Code,

community-based pediatric palliative care from a trained

interdisciplinary team shall be covered under the medical

assistance program as provided in Section 15 of the Pediatric

Palliative Care Act.

Notwithstanding any other provision of this Code, within

12 months after June 2, 2022 (the effective date of Public Act

102-1037) and subject to federal approval, acupuncture

services performed by an acupuncturist licensed under the

Acupuncture Practice Act who is acting within the scope of his

or her license shall be covered under the medical assistance

program. The Department shall apply for any federal waiver or

State Plan amendment, if required, to implement this

paragraph. The Department may adopt any rules, including

standards and criteria, necessary to implement this paragraph.

Notwithstanding any other provision of this Code, the

medical assistance program shall, subject to appropriation and

federal approval, reimburse hospitals for costs associated

with a newborn screening test for the presence of

metachromatic leukodystrophy, as required under the Newborn

Metabolic Screening Act, at a rate not less than the fee

charged by the Department of Public Health. The Department

shall seek federal approval before the implementation of the

newborn screening test fees by the Department of Public

Health.

Notwithstanding any other provision of this Code,

beginning on January 1, 2024, subject to federal approval,

cognitive assessment and care planning services provided to a

person who experiences signs or symptoms of cognitive

impairment, as defined by the Diagnostic and Statistical

Manual of Mental Disorders, Fifth Edition, 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 Code,

medically necessary reconstructive services that are intended

to restore physical appearance shall be covered under the

medical assistance program for persons who are otherwise

eligible for medical assistance under this Article. As used in

this paragraph, "reconstructive services" means treatments

performed on structures of the body damaged by trauma to

restore physical appearance.

(Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21;

102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article

55, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123,

eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22;

102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff.

5-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22;

102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff.

1-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24;

103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff.

1-1-24; revised 12-15-23.)

(305 ILCS 5/5-5.01a)

Sec. 5-5.01a. Supportive living facilities program.

(a) The Department shall establish and provide oversight

for a program of supportive living facilities that seek to

promote resident independence, dignity, respect, and

well-being in the most cost-effective manner.

A supportive living facility is (i) a free-standing

facility or (ii) a distinct physical and operational entity

within a mixed-use building that meets the criteria

established in subsection (d). A supportive living facility

integrates housing with health, personal care, and supportive

services and is a designated setting that offers residents

their own separate, private, and distinct living units.

Sites for the operation of the program shall be selected

by the Department based upon criteria that may include the

need for services in a geographic area, the availability of

funding, and the site's ability to meet the standards.

(b) Beginning July 1, 2014, subject to federal approval,

the Medicaid rates for supportive living facilities shall be

equal to the supportive living facility Medicaid rate

effective on June 30, 2014 increased by 8.85%. Once the

assessment imposed at Article V-G of this Code is determined

to be a permissible tax under Title XIX of the Social Security

Act, the Department shall increase the Medicaid rates for

supportive living facilities effective on July 1, 2014 by

9.09%. The Department shall apply this increase retroactively

to coincide with the imposition of the assessment in Article

V-G of this Code in accordance with the approval for federal

financial participation by the Centers for Medicare and

Medicaid Services.

The Medicaid rates for supportive living facilities

effective on July 1, 2017 must be equal to the rates in effect

for supportive living facilities on June 30, 2017 increased by

2.8%.

The Medicaid rates for supportive living facilities

effective on July 1, 2018 must be equal to the rates in effect

for supportive living facilities on June 30, 2018.

Subject to federal approval, the Medicaid rates for

supportive living services on and after July 1, 2019 must be at

least 54.3% of the average total nursing facility services per

diem for the geographic areas defined by the Department while

maintaining the rate differential for dementia care and must

be updated whenever the total nursing facility service per

diems are updated. Beginning July 1, 2022, upon the

implementation of the Patient Driven Payment Model, Medicaid

rates for supportive living services must be at least 54.3% of

the average total nursing services per diem rate for the

geographic areas. For purposes of this provision, the average

total nursing services per diem rate shall include all add-ons

for nursing facilities for the geographic area provided for in

Section 5-5.2. The rate differential for dementia care must be

maintained in these rates and the rates shall be updated

whenever nursing facility per diem rates are updated.

Subject to federal approval, beginning January 1, 2024,

the dementia care rate for supportive living services must be

no less than the non-dementia care supportive living services

rate multiplied by 1.5.

(c) The Department may adopt rules to implement this

Section. Rules that establish or modify the services,

standards, and conditions for participation in the program

shall be adopted by the Department in consultation with the

Department on Aging, the Department of Rehabilitation

Services, and the Department of Mental Health and

Developmental Disabilities (or their successor agencies).

(d) Subject to federal approval by the Centers for

Medicare and Medicaid Services, the Department shall accept

for consideration of certification under the program any

application for a site or building where distinct parts of the

site or building are designated for purposes other than the

provision of supportive living services, but only if:

(1) those distinct parts of the site or building are

not designated for the purpose of providing assisted

living services as required under the Assisted Living and

Shared Housing Act;

(2) those distinct parts of the site or building are

completely separate from the part of the building used for

the provision of supportive living program services,

including separate entrances;

(3) those distinct parts of the site or building do

not share any common spaces with the part of the building

used for the provision of supportive living program

services; and

(4) those distinct parts of the site or building do

not share staffing with the part of the building used for

the provision of supportive living program services.

(e) Facilities or distinct parts of facilities which are

selected as supportive living facilities and are in good

standing with the Department's rules are exempt from the

provisions of the Nursing Home Care Act and the Illinois

Health Facilities Planning Act.

(f) Section 9817 of the American Rescue Plan Act of 2021

(Public Law 117-2) authorizes a 10% enhanced federal medical

assistance percentage for supportive living services for a

12-month period from April 1, 2021 through March 31, 2022.

Subject to federal approval, including the approval of any

necessary waiver amendments or other federally required

documents or assurances, for a 12-month period the Department

must pay a supplemental $26 per diem rate to all supportive

living facilities with the additional federal financial

participation funds that result from the enhanced federal

medical assistance percentage from April 1, 2021 through March

31, 2022. The Department may issue parameters around how the

supplemental payment should be spent, including quality

improvement activities. The Department may alter the form,

methods, or timeframes concerning the supplemental per diem

rate to comply with any subsequent changes to federal law,

changes made by guidance issued by the federal Centers for

Medicare and Medicaid Services, or other changes necessary to

receive the enhanced federal medical assistance percentage.

(g) All applications for the expansion of supportive

living dementia care settings involving sites not approved by

the Department on January 1, 2024 (the effective date of

Public Act 103-102) this amendatory Act of the 103rd General

Assembly may allow new elderly non-dementia units in addition

to new dementia care units. The Department may approve such

applications only if the application has: (1) no more than one

non-dementia care unit for each dementia care unit and (2) the

site is not located within 4 miles of an existing supportive

living program site in Cook County (including the City of

Chicago), not located within 12 miles of an existing

supportive living program site in DuPage County, Kane County,

Lake County, McHenry County, or Will County, or not located

within 25 miles of an existing supportive living program site

in any other county.

(Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22;

103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102,

Article 100, Section 100-5, eff. 1-1-24; revised 12-15-23.)

(305 ILCS 5/5-5.05)

Sec. 5-5.05. Hospitals; psychiatric services.

(a) On and after January 1, 2024, the inpatient, per diem

rate to be paid to a hospital for inpatient psychiatric

services shall be not less than 90% of the per diem rate

established in accordance with subsection paragraph (b-5) of

this Section, subject to the provisions of Section 14-12.5.

(b) For purposes of this Section, "hospital" means a

hospital with a distinct part unit for psychiatric services.

For purposes of this Section, "inpatient psychiatric

services" means those services provided to patients who are in

need of short-term acute inpatient hospitalization for active

treatment of an emotional or mental disorder.

(b-5) Notwithstanding any other provision of this Section,

the inpatient, per diem rate to be paid to all safety-net

hospitals for inpatient psychiatric services on and after

January 1, 2021 shall be at least $630, subject to the

provisions of Section 14-12.5.

(b-10) Notwithstanding any other provision of this

Section, effective with dates of service on and after January

1, 2022, any general acute care hospital with more than 9,500

inpatient psychiatric Medicaid days in any calendar year shall

be paid the inpatient per diem rate of no less than $630,

subject to the provisions of Section 14-12.5.

(c) No rules shall be promulgated to implement this

Section. For purposes of this Section, "rules" is given the

meaning contained in Section 1-70 of the Illinois

Administrative Procedure Act.

(d) (Blank).

(e) 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.

(Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21;

103-102, eff. 6-16-23; revised 9-21-23.)

(305 ILCS 5/5-5.2)

Sec. 5-5.2. Payment.

(a) All nursing facilities that are grouped pursuant to

Section 5-5.1 of this Act shall receive the same rate of

payment for similar services.

(b) It shall be a matter of State policy that the Illinois

Department shall utilize a uniform billing cycle throughout

the State for the long-term care providers.

(c) (Blank).

(c-1) Notwithstanding any other provisions of this Code,

the methodologies for reimbursement of nursing services as

provided under this Article shall no longer be applicable for

bills payable for nursing services rendered on or after a new

reimbursement system based on the Patient Driven Payment Model

(PDPM) has been fully operationalized, which shall take effect

for services provided on or after the implementation of the

PDPM reimbursement system begins. For the purposes of Public

Act 102-1035 this amendatory Act of the 102nd General

Assembly, the implementation date of the PDPM reimbursement

system and all related provisions shall be July 1, 2022 if the

following conditions are met: (i) the Centers for Medicare and

Medicaid Services has approved corresponding changes in the

reimbursement system and bed assessment; and (ii) the

Department has filed rules to implement these changes no later

than June 1, 2022. Failure of the Department to file rules to

implement the changes provided in Public Act 102-1035 this

amendatory Act of the 102nd General Assembly no later than

June 1, 2022 shall result in the implementation date being

delayed to October 1, 2022.

(d) The new nursing services reimbursement methodology

utilizing the Patient Driven Payment Model, which shall be

referred to as the PDPM reimbursement system, taking effect

July 1, 2022, upon federal approval by the Centers for

Medicare and Medicaid Services, shall be based on the

following:

(1) The methodology shall be resident-centered,

facility-specific, cost-based, and based on guidance from

the Centers for Medicare and Medicaid Services.

(2) Costs shall be annually rebased and case mix index

quarterly updated. The nursing services methodology will

be assigned to the Medicaid enrolled residents on record

as of 30 days prior to the beginning of the rate period in

the Department's Medicaid Management Information System

(MMIS) as present on the last day of the second quarter

preceding the rate period based upon the Assessment

Reference Date of the Minimum Data Set (MDS).

(3) Regional wage adjustors based on the Health

Service Areas (HSA) groupings and adjusters in effect on

April 30, 2012 shall be included, except no adjuster shall

be lower than 1.06.

(4) PDPM nursing case mix indices in effect on March

1, 2022 shall be assigned to each resident class at no less

than 0.7858 of the Centers for Medicare and Medicaid

Services PDPM unadjusted case mix values, in effect on

March 1, 2022.

(5) The pool of funds available for distribution by

case mix and the base facility rate shall be determined

using the formula contained in subsection (d-1).

(6) The Department shall establish a variable per diem

staffing add-on in accordance with the most recent

available federal staffing report, currently the Payroll

Based Journal, for the same period of time, and if

applicable adjusted for acuity using the same quarter's

MDS. The Department shall rely on Payroll Based Journals

provided to the Department of Public Health to make a

determination of non-submission. If the Department is

notified by a facility of missing or inaccurate Payroll

Based Journal data or an incorrect calculation of

staffing, the Department must make a correction as soon as

the error is verified for the applicable quarter.

Facilities with at least 70% of the staffing indicated

by the STRIVE study shall be paid a per diem add-on of $9,

increasing by equivalent steps for each whole percentage

point until the facilities reach a per diem of $14.88.

Facilities with at least 80% of the staffing indicated by

the STRIVE study shall be paid a per diem add-on of $14.88,

increasing by equivalent steps for each whole percentage

point until the facilities reach a per diem add-on of

$23.80. Facilities with at least 92% of the staffing

indicated by the STRIVE study shall be paid a per diem

add-on of $23.80, increasing by equivalent steps for each

whole percentage point until the facilities reach a per

diem add-on of $29.75. Facilities with at least 100% of

the staffing indicated by the STRIVE study shall be paid a

per diem add-on of $29.75, increasing by equivalent steps

for each whole percentage point until the facilities reach

a per diem add-on of $35.70. Facilities with at least 110%

of the staffing indicated by the STRIVE study shall be

paid a per diem add-on of $35.70, increasing by equivalent

steps for each whole percentage point until the facilities

reach a per diem add-on of $38.68. Facilities with at

least 125% or higher of the staffing indicated by the

STRIVE study shall be paid a per diem add-on of $38.68.

Beginning April 1, 2023, no nursing facility's variable

staffing per diem add-on shall be reduced by more than 5%

in 2 consecutive quarters. For the quarters beginning July

1, 2022 and October 1, 2022, no facility's variable per

diem staffing add-on shall be calculated at a rate lower

than 85% of the staffing indicated by the STRIVE study. No

facility below 70% of the staffing indicated by the STRIVE

study shall receive a variable per diem staffing add-on

after December 31, 2022.

(7) For dates of services beginning July 1, 2022, the

PDPM nursing component per diem for each nursing facility

shall be the product of the facility's (i) statewide PDPM

nursing base per diem rate, $92.25, adjusted for the

facility average PDPM case mix index calculated quarterly

and (ii) the regional wage adjuster, and then add the

Medicaid access adjustment as defined in (e-3) of this

Section. Transition rates for services provided between

July 1, 2022 and October 1, 2023 shall be the greater of

the PDPM nursing component per diem or:

(A) for the quarter beginning July 1, 2022, the

RUG-IV nursing component per diem;

(B) for the quarter beginning October 1, 2022, the

sum of the RUG-IV nursing component per diem

multiplied by 0.80 and the PDPM nursing component per

diem multiplied by 0.20;

(C) for the quarter beginning January 1, 2023, the

sum of the RUG-IV nursing component per diem

multiplied by 0.60 and the PDPM nursing component per

diem multiplied by 0.40;

(D) for the quarter beginning April 1, 2023, the

sum of the RUG-IV nursing component per diem

multiplied by 0.40 and the PDPM nursing component per

diem multiplied by 0.60;

(E) for the quarter beginning July 1, 2023, the

sum of the RUG-IV nursing component per diem

multiplied by 0.20 and the PDPM nursing component per

diem multiplied by 0.80; or

(F) for the quarter beginning October 1, 2023 and

each subsequent quarter, the transition rate shall end

and a nursing facility shall be paid 100% of the PDPM

nursing component per diem.

(d-1) Calculation of base year Statewide RUG-IV nursing

base per diem rate.

(1) Base rate spending pool shall be:

(A) The base year resident days which are

calculated by multiplying the number of Medicaid

residents in each nursing home as indicated in the MDS

data defined in paragraph (4) by 365.

(B) Each facility's nursing component per diem in

effect on July 1, 2012 shall be multiplied by

subsection (A).

(C) Thirteen million is added to the product of

subparagraph (A) and subparagraph (B) to adjust for

the exclusion of nursing homes defined in paragraph

(5).

(2) For each nursing home with Medicaid residents as

indicated by the MDS data defined in paragraph (4),

weighted days adjusted for case mix and regional wage

adjustment shall be calculated. For each home this

calculation is the product of:

(A) Base year resident days as calculated in

subparagraph (A) of paragraph (1).

(B) The nursing home's regional wage adjustor

based on the Health Service Areas (HSA) groupings and

adjustors in effect on April 30, 2012.

(C) Facility weighted case mix which is the number

of Medicaid residents as indicated by the MDS data

defined in paragraph (4) multiplied by the associated

case weight for the RUG-IV 48 grouper model using

standard RUG-IV procedures for index maximization.

(D) The sum of the products calculated for each

nursing home in subparagraphs (A) through (C) above

shall be the base year case mix, rate adjusted

weighted days.

(3) The Statewide RUG-IV nursing base per diem rate:

(A) on January 1, 2014 shall be the quotient of the

paragraph (1) divided by the sum calculated under

subparagraph (D) of paragraph (2);

(B) on and after July 1, 2014 and until July 1,

2022, shall be the amount calculated under

subparagraph (A) of this paragraph (3) plus $1.76; and

(C) beginning July 1, 2022 and thereafter, $7

shall be added to the amount calculated under

subparagraph (B) of this paragraph (3) of this

Section.

(4) Minimum Data Set (MDS) comprehensive assessments

for Medicaid residents on the last day of the quarter used

to establish the base rate.

(5) Nursing facilities designated as of July 1, 2012

by the Department as "Institutions for Mental Disease"

shall be excluded from all calculations under this

subsection. The data from these facilities shall not be

used in the computations described in paragraphs (1)

through (4) above to establish the base rate.

(e) Beginning July 1, 2014, the Department shall allocate

funding in the amount up to $10,000,000 for per diem add-ons to

the RUGS methodology for dates of service on and after July 1,

2014:

(1) $0.63 for each resident who scores in I4200

Alzheimer's Disease or I4800 non-Alzheimer's Dementia.

(2) $2.67 for each resident who scores either a "1" or

"2" in any items S1200A through S1200I and also scores in

RUG groups PA1, PA2, BA1, or BA2.

(e-1) (Blank).

(e-2) For dates of services beginning January 1, 2014 and

ending September 30, 2023, the RUG-IV nursing component per

diem for a nursing home shall be the product of the statewide

RUG-IV nursing base per diem rate, the facility average case

mix index, and the regional wage adjustor. For dates of

service beginning July 1, 2022 and ending September 30, 2023,

the Medicaid access adjustment described in subsection (e-3)

shall be added to the product.

(e-3) A Medicaid Access Adjustment of $4 adjusted for the

facility average PDPM case mix index calculated quarterly

shall be added to the statewide PDPM nursing per diem for all

facilities with annual Medicaid bed days of at least 70% of all

occupied bed days adjusted quarterly. For each new calendar

year and for the 6-month period beginning July 1, 2022, the

percentage of a facility's occupied bed days comprised of

Medicaid bed days shall be determined by the Department

quarterly. For dates of service beginning January 1, 2023, the

Medicaid Access Adjustment shall be increased to $4.75. This

subsection shall be inoperative on and after January 1, 2028.

(e-4) Subject to federal approval, on and after January 1,

2024, the Department shall increase the rate add-on at

paragraph (7) subsection (a) under 89 Ill. Adm. Code 147.335

for ventilator services from $208 per day to $481 per day.

Payment is subject to the criteria and requirements under 89

Ill. Adm. Code 147.335.

(f) (Blank).

(g) Notwithstanding any other provision of this Code, on

and after July 1, 2012, for facilities not designated by the

Department of Healthcare and Family Services as "Institutions

for Mental Disease", rates effective May 1, 2011 shall be

adjusted as follows:

(1) (Blank);

(2) (Blank);

(3) Facility rates for the capital and support

components shall be reduced by 1.7%.

(h) Notwithstanding any other provision of this Code, on

and after July 1, 2012, nursing facilities designated by the

Department of Healthcare and Family Services as "Institutions

for Mental Disease" and "Institutions for Mental Disease" that

are facilities licensed under the Specialized Mental Health

Rehabilitation Act of 2013 shall have the nursing,

socio-developmental, capital, and support components of their

reimbursement rate effective May 1, 2011 reduced in total by

2.7%.

(i) On and after July 1, 2014, the reimbursement rates for

the support component of the nursing facility rate for

facilities licensed under the Nursing Home Care Act as skilled

or intermediate care facilities shall be the rate in effect on

June 30, 2014 increased by 8.17%.

(i-1) Subject to federal approval, on and after January 1,

2024, the reimbursement rates for the support component of the

nursing facility rate for facilities licensed under the

Nursing Home Care Act as skilled or intermediate care

facilities shall be the rate in effect on June 30, 2023

increased by 12%.

(j) Notwithstanding any other provision of law, subject to

federal approval, effective July 1, 2019, sufficient funds

shall be allocated for changes to rates for facilities

licensed under the Nursing Home Care Act as skilled nursing

facilities or intermediate care facilities for dates of

services on and after July 1, 2019: (i) to establish, through

June 30, 2022 a per diem add-on to the direct care per diem

rate not to exceed $70,000,000 annually in the aggregate

taking into account federal matching funds for the purpose of

addressing the facility's unique staffing needs, adjusted

quarterly and distributed by a weighted formula based on

Medicaid bed days on the last day of the second quarter

preceding the quarter for which the rate is being adjusted.

Beginning July 1, 2022, the annual $70,000,000 described in

the preceding sentence shall be dedicated to the variable per

diem add-on for staffing under paragraph (6) of subsection

(d); and (ii) in an amount not to exceed $170,000,000 annually

in the aggregate taking into account federal matching funds to

permit the support component of the nursing facility rate to

be updated as follows:

(1) 80%, or $136,000,000, of the funds shall be used

to update each facility's rate in effect on June 30, 2019

using the most recent cost reports on file, which have had

a limited review conducted by the Department of Healthcare

and Family Services and will not hold up enacting the rate

increase, with the Department of Healthcare and Family

Services.

(2) After completing the calculation in paragraph (1),

any facility whose rate is less than the rate in effect on

June 30, 2019 shall have its rate restored to the rate in

effect on June 30, 2019 from the 20% of the funds set

aside.

(3) The remainder of the 20%, or $34,000,000, shall be

used to increase each facility's rate by an equal

percentage.

(k) During the first quarter of State Fiscal Year 2020,

the Department of Healthcare of Family Services must convene a

technical advisory group consisting of members of all trade

associations representing Illinois skilled nursing providers

to discuss changes necessary with federal implementation of

Medicare's Patient-Driven Payment Model. Implementation of

Medicare's Patient-Driven Payment Model shall, by September 1,

2020, end the collection of the MDS data that is necessary to

maintain the current RUG-IV Medicaid payment methodology. The

technical advisory group must consider a revised reimbursement

methodology that takes into account transparency,

accountability, actual staffing as reported under the

federally required Payroll Based Journal system, changes to

the minimum wage, adequacy in coverage of the cost of care, and

a quality component that rewards quality improvements.

(l) The Department shall establish per diem add-on

payments to improve the quality of care delivered by

facilities, including:

(1) Incentive payments determined by facility

performance on specified quality measures in an initial

amount of $70,000,000. Nothing in this subsection shall be

construed to limit the quality of care payments in the

aggregate statewide to $70,000,000, and, if quality of

care has improved across nursing facilities, the

Department shall adjust those add-on payments accordingly.

The quality payment methodology described in this

subsection must be used for at least State Fiscal Year

2023. Beginning with the quarter starting July 1, 2023,

the Department may add, remove, or change quality metrics

and make associated changes to the quality payment

methodology as outlined in subparagraph (E). Facilities

designated by the Centers for Medicare and Medicaid

Services as a special focus facility or a hospital-based

nursing home do not qualify for quality payments.

(A) Each quality pool must be distributed by

assigning a quality weighted score for each nursing

home which is calculated by multiplying the nursing

home's quality base period Medicaid days by the

nursing home's star rating weight in that period.

(B) Star rating weights are assigned based on the

nursing home's star rating for the LTS quality star

rating. As used in this subparagraph, "LTS quality

star rating" means the long-term stay quality rating

for each nursing facility, as assigned by the Centers

for Medicare and Medicaid Services under the Five-Star

Quality Rating System. The rating is a number ranging

from 0 (lowest) to 5 (highest).

(i) Zero-star or one-star rating has a weight

of 0.

(ii) Two-star rating has a weight of 0.75.

(iii) Three-star rating has a weight of 1.5.

(iv) Four-star rating has a weight of 2.5.

(v) Five-star rating has a weight of 3.5.

(C) Each nursing home's quality weight score is

divided by the sum of all quality weight scores for

qualifying nursing homes to determine the proportion

of the quality pool to be paid to the nursing home.

(D) The quality pool is no less than $70,000,000

annually or $17,500,000 per quarter. The Department

shall publish on its website the estimated payments

and the associated weights for each facility 45 days

prior to when the initial payments for the quarter are

to be paid. The Department shall assign each facility

the most recent and applicable quarter's STAR value

unless the facility notifies the Department within 15

days of an issue and the facility provides reasonable

evidence demonstrating its timely compliance with

federal data submission requirements for the quarter

of record. If such evidence cannot be provided to the

Department, the STAR rating assigned to the facility

shall be reduced by one from the prior quarter.

(E) The Department shall review quality metrics

used for payment of the quality pool and make

recommendations for any associated changes to the

methodology for distributing quality pool payments in

consultation with associations representing long-term

care providers, consumer advocates, organizations

representing workers of long-term care facilities, and

payors. The Department may establish, by rule, changes

to the methodology for distributing quality pool

payments.

(F) The Department shall disburse quality pool

payments from the Long-Term Care Provider Fund on a

monthly basis in amounts proportional to the total

quality pool payment determined for the quarter.

(G) The Department shall publish any changes in

the methodology for distributing quality pool payments

prior to the beginning of the measurement period or

quality base period for any metric added to the

distribution's methodology.

(2) Payments based on CNA tenure, promotion, and CNA

training for the purpose of increasing CNA compensation.

It is the intent of this subsection that payments made in

accordance with this paragraph be directly incorporated

into increased compensation for CNAs. As used in this

paragraph, "CNA" means a certified nursing assistant as

that term is described in Section 3-206 of the Nursing

Home Care Act, Section 3-206 of the ID/DD Community Care

Act, and Section 3-206 of the MC/DD Act. The Department

shall establish, by rule, payments to nursing facilities

equal to Medicaid's share of the tenure wage increments

specified in this paragraph for all reported CNA employee

hours compensated according to a posted schedule

consisting of increments at least as large as those

specified in this paragraph. The increments are as

follows: an additional $1.50 per hour for CNAs with at

least one and less than 2 years' experience plus another

$1 per hour for each additional year of experience up to a

maximum of $6.50 for CNAs with at least 6 years of

experience. For purposes of this paragraph, Medicaid's

share shall be the ratio determined by paid Medicaid bed

days divided by total bed days for the applicable time

period used in the calculation. In addition, and additive

to any tenure increments paid as specified in this

paragraph, the Department shall establish, by rule,

payments supporting Medicaid's share of the

promotion-based wage increments for CNA employee hours

compensated for that promotion with at least a $1.50

hourly increase. Medicaid's share shall be established as

it is for the tenure increments described in this

paragraph. Qualifying promotions shall be defined by the

Department in rules for an expected 10-15% subset of CNAs

assigned intermediate, specialized, or added roles such as

CNA trainers, CNA scheduling "captains", and CNA

specialists for resident conditions like dementia or

memory care or behavioral health.

(m) The Department shall work with nursing facility

industry representatives to design policies and procedures to

permit facilities to address the integrity of data from

federal reporting sites used by the Department in setting

facility rates.

(Source: P.A. 102-77, eff. 7-9-21; 102-558, eff. 8-20-21;

102-1035, eff. 5-31-22; 102-1118, eff. 1-18-23; 103-102,

Article 40, Section 40-5, eff. 1-1-24; 103-102, Article 50,

Section 50-5, eff. 1-1-24; revised 12-15-23.)

(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, 356z.51, 356z.53, 356z.56, 356z.59, 356z.60, and

356z.61, 356z.64, and 356z.67 of the Illinois Insurance Code,

(ii) be subject to the provisions of Sections 356z.19,

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. 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; 102-804, eff. 1-1-23; 102-813,

eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23;

102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.

1-1-24; 103-420, eff. 1-1-24; revised 12-15-23.)

(305 ILCS 5/5-47)

Sec. 5-47. Medicaid reimbursement rates; substance use

disorder treatment providers and facilities.

(a) Beginning on January 1, 2024, subject to federal

approval, the Department of Healthcare and Family Services, in

conjunction with the Department of Human Services' Division of

Substance Use Prevention and Recovery, shall provide a 30%

increase in reimbursement rates for all Medicaid-covered ASAM

Level 3 residential/inpatient substance use disorder treatment

services.

No existing or future reimbursement rates or add-ons shall

be reduced or changed to address this proposed rate increase.

No later than 3 months after June 16, 2023 (the effective date

of Public Act 103-102) this amendatory Act of the 103rd

General Assembly, the Department of Healthcare and Family

Services shall submit any necessary application to the federal

Centers for Medicare and Medicaid Services to implement the

requirements of this Section.

(b) Parity in community-based behavioral health rates;

implementation plan for cost reporting. For the purpose of

understanding behavioral health services cost structures and

their impact on the Medical Assistance Program, the Department

of Healthcare and Family Services shall engage stakeholders to

develop a plan for the regular collection of cost reporting

for all entity-based substance use disorder providers. Data

shall be used to inform on the effectiveness and efficiency of

Illinois Medicaid rates. The Department and stakeholders shall

develop a plan by April 1, 2024. The Department shall engage

stakeholders on implementation of the plan. The plan, at

minimum, shall consider all of the following:

(1) Alignment with certified community behavioral

health clinic requirements, standards, policies, and

procedures.

(2) Inclusion of prospective costs to measure what is

needed to increase services and capacity.

(3) Consideration of differences in collection and

policies based on the size of providers.

(4) Consideration of additional administrative time

and costs.

(5) Goals, purposes, and usage of data collected from

cost reports.

(6) Inclusion of qualitative data in addition to

quantitative data.

(7) Technical assistance for providers for completing

cost reports including initial training by the Department

for providers.

(8) Implementation of a timeline which allows an

initial grace period for providers to adjust internal

procedures and data collection.

Details from collected cost reports shall be made publicly

available on the Department's website and costs shall be used

to ensure the effectiveness and efficiency of Illinois

Medicaid rates.

(c) Reporting; access to substance use disorder treatment

services and recovery supports. By no later than April 1,

2024, the Department of Healthcare and Family Services, with

input from the Department of Human Services' Division of

Substance Use Prevention and Recovery, shall submit a report

to the General Assembly regarding access to treatment services

and recovery supports for persons diagnosed with a substance

use disorder. The report shall include, but is not limited to,

the following information:

(1) The number of providers enrolled in the Illinois

Medical Assistance Program certified to provide substance

use disorder treatment services, aggregated by ASAM level

of care, and recovery supports.

(2) The number of Medicaid customers in Illinois with

a diagnosed substance use disorder receiving substance use

disorder treatment, aggregated by provider type and ASAM

level of care.

(3) A comparison of Illinois' substance use disorder

licensure and certification requirements with those of

comparable state Medicaid programs.

(4) Recommendations for and an analysis of the impact

of aligning reimbursement rates for outpatient substance

use disorder treatment services with reimbursement rates

for community-based mental health treatment services.

(5) Recommendations for expanding substance use

disorder treatment to other qualified provider entities

and licensed professionals of the healing arts. The

recommendations shall include an analysis of the

opportunities to maximize the flexibilities permitted by

the federal Centers for Medicare and Medicaid Services for

expanding access to the number and types of qualified

substance use disorder providers.

(Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.)

(305 ILCS 5/5-50)

Sec. 5-50 5-47. Coverage for mental health and substance

use disorder telehealth services.

(a) As used in this Section:

"Behavioral health care professional" has the meaning

given to "health care professional" in Section 5 of the

Telehealth Act, but only with respect to professionals

licensed or certified by the Division of Mental Health or

Division of Substance Use Prevention and Recovery of the

Department of Human Services engaged in the delivery of mental

health or substance use disorder treatment or services.

"Behavioral health facility" means a community mental

health center, a behavioral health clinic, a substance use

disorder treatment program, or a facility or provider licensed

or certified by the Division of Mental Health or Division of

Substance Use Prevention and Recovery of the Department of

Human Services.

"Behavioral telehealth services" has the meaning given to

the term "telehealth services" in Section 5 of the Telehealth

Act, but limited solely to mental health and substance use

disorder treatment or services to a patient, regardless of

patient location.

"Distant site" has the meaning given to that term in

Section 5 of the Telehealth Act.

"Originating site" has the meaning given to that term in

Section 5 of the Telehealth Act.

(b) The Department and any managed care plans under

contract with the Department for the medical assistance

program shall provide for coverage of mental health and

substance use disorder treatment or services delivered as

behavioral telehealth services as specified in this Section.

The Department and any managed care plans under contract with

the Department for the medical assistance program may also

provide reimbursement to a behavioral health facility that

serves as the originating site at the time a behavioral

telehealth service is rendered.

(c) To ensure behavioral telehealth services are equitably

provided, coverage required under this Section shall comply

with all of the following:

(1) The Department and any managed care plans under

contract with the Department for the medical assistance

program shall not:

(A) require that in-person contact occur between a

behavioral health care professional and a patient

before the provision of a behavioral telehealth

service;

(B) require patients, behavioral health care

professionals, or behavioral health facilities to

prove or document a hardship or access barrier to an

in-person consultation for coverage and reimbursement

of behavioral telehealth services;

(C) require the use of behavioral telehealth

services when the behavioral health care professional

has determined that it is not appropriate;

(D) require the use of behavioral telehealth

services when a patient chooses an in-person

consultation;

(E) require a behavioral health care professional

to be physically present in the same room as the

patient at the originating site, unless deemed

medically necessary by the behavioral health care

professional providing the behavioral telehealth

service;

(F) create geographic or facility restrictions or

requirements for behavioral telehealth services;

(G) require behavioral health care professionals

or behavioral health facilities to offer or provide

behavioral telehealth services;

(H) require patients to use behavioral telehealth

services or require patients to use a separate panel

of behavioral health care professionals or behavioral

health facilities to receive behavioral telehealth

services; or

(I) impose upon behavioral telehealth services

utilization review requirements that are unnecessary,

duplicative, or unwarranted or impose any treatment

limitations, prior authorization, documentation, or

recordkeeping requirements that are more stringent

than the requirements applicable to the same

behavioral health care service when rendered

in-person, except that procedure code modifiers may be

required to document behavioral telehealth.

(2) Any cost sharing applicable to services provided

through behavioral telehealth shall not exceed the cost

sharing required by the medical assistance program for the

same services provided through in-person consultation.

(3) The Department and any managed care plans under

contract with the Department for the medical assistance

program shall notify behavioral health care professionals

and behavioral health facilities of any instructions

necessary to facilitate billing for behavioral telehealth

services.

(d) For purposes of reimbursement, the Department and any

managed care plans under contract with the Department for the

medical assistance program shall reimburse a behavioral health

care professional or behavioral health facility for behavioral

telehealth services on the same basis, in the same manner, and

at the same reimbursement rate that would apply to the

services if the services had been delivered via an in-person

encounter by a behavioral health care professional or

behavioral health facility. This subsection applies only to

those services provided by behavioral telehealth that may

otherwise be billed as an in-person service.

(e) Behavioral health care professionals and behavioral

health facilities shall determine the appropriateness of

specific sites, technology platforms, and technology vendors

for a behavioral telehealth service, as long as delivered

services adhere to all federal and State privacy, security,

and confidentiality laws, rules, or regulations, including,

but not limited to, the Health Insurance Portability and

Accountability Act of 1996, 42 CFR Part 2, and the Mental

Health and Developmental Disabilities Confidentiality Act.

(f) Nothing in this Section shall be deemed as precluding

the Department and any managed care plans under contract with

the Department for the medical assistance program from

providing benefits for other telehealth services.

(g) There shall be no restrictions on originating site

requirements for behavioral telehealth coverage or

reimbursement to the distant site under this Section other

than requiring the behavioral telehealth services to be

medically necessary and clinically appropriate.

(h) Nothing in this Section shall be deemed as precluding

the Department and any managed care plans under contract with

the Department for the medical assistance program from

establishing limits on the use of telehealth for a particular

behavioral health service when the limits are consistent with

generally accepted standards of mental, emotional, nervous, or

substance use disorder or condition care.

(i) The Department may adopt rules to implement the

provisions of this Section.

(Source: P.A. 103-243, eff. 1-1-24; revised 1-2-24.)

(305 ILCS 5/5-51)

Sec. 5-51 5-47. Proton beam therapy; managed care.

Notwithstanding any other provision of this Article, a managed

care organization under contract with the Department to

provide services to recipients of medical assistance shall

provide coverage for proton beam therapy.

As used in this Section: ,

"Proton "proton beam therapy" means a type of radiation

therapy treatment that utilizes protons as the radiation

delivery method for the treatment of tumors and cancerous

cells.

"Radiation therapy treatment" means the delivery of

biological effective doses with proton therapy, intensity

modulated radiation therapy, brachytherapy, stereotactic body

radiation therapy, three-dimensional conformal radiation

therapy, or other forms of therapy using radiation.

(Source: P.A. 103-325, eff. 1-1-24; revised 1-2-24.)

(305 ILCS 5/5A-12.7)

(Section scheduled to be repealed on December 31, 2026)

Sec. 5A-12.7. Continuation of hospital access payments on

and after July 1, 2020.

(a) To preserve and improve access to hospital services,

for hospital services rendered on and after July 1, 2020, the

Department shall, except for hospitals described in subsection

(b) of Section 5A-3, make payments to hospitals or require

capitated managed care organizations to make payments as set

forth in this Section. Payments under this Section are not due

and payable, however, until: (i) the methodologies described

in this Section are approved by the federal government in an

appropriate State Plan amendment or directed payment preprint;

and (ii) the assessment imposed under this Article is

determined to be a permissible tax under Title XIX of the

Social Security Act. In determining the hospital access

payments authorized under subsection (g) of this Section, if a

hospital ceases to qualify for payments from the pool, the

payments for all hospitals continuing to qualify for payments

from such pool shall be uniformly adjusted to fully expend the

aggregate net amount of the pool, with such adjustment being

effective on the first day of the second month following the

date the hospital ceases to receive payments from such pool.

(b) Amounts moved into claims-based rates and distributed

in accordance with Section 14-12 shall remain in those

claims-based rates.

(c) Graduate medical education.

(1) The calculation of graduate medical education

payments shall be based on the hospital's Medicare cost

report ending in Calendar Year 2018, as reported in the

Healthcare Cost Report Information System file, release

date September 30, 2019. An Illinois hospital reporting

intern and resident cost on its Medicare cost report shall

be eligible for graduate medical education payments.

(2) Each hospital's annualized Medicaid Intern

Resident Cost is calculated using annualized intern and

resident total costs obtained from Worksheet B Part I,

Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,

96-98, and 105-112 multiplied by the percentage that the

hospital's Medicaid days (Worksheet S3 Part I, Column 7,

Lines 2, 3, 4, 14, 16-18, and 32) comprise of the

hospital's total days (Worksheet S3 Part I, Column 8,

Lines 14, 16-18, and 32).

(3) An annualized Medicaid indirect medical education

(IME) payment is calculated for each hospital using its

IME payments (Worksheet E Part A, Line 29, Column 1)

multiplied by the percentage that its Medicaid days

(Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,

and 32) comprise of its Medicare days (Worksheet S3 Part

I, Column 6, Lines 2, 3, 4, 14, and 16-18).

(4) For each hospital, its annualized Medicaid Intern

Resident Cost and its annualized Medicaid IME payment are

summed, and, except as capped at 120% of the average cost

per intern and resident for all qualifying hospitals as

calculated under this paragraph, is multiplied by the

applicable reimbursement factor as described in this

paragraph, to determine the hospital's final graduate

medical education payment. Each hospital's average cost

per intern and resident shall be calculated by summing its

total annualized Medicaid Intern Resident Cost plus its

annualized Medicaid IME payment and dividing that amount

by the hospital's total Full Time Equivalent Residents and

Interns. If the hospital's average per intern and resident

cost is greater than 120% of the same calculation for all

qualifying hospitals, the hospital's per intern and

resident cost shall be capped at 120% of the average cost

for all qualifying hospitals.

(A) For the period of July 1, 2020 through

December 31, 2022, the applicable reimbursement factor

shall be 22.6%.

(B) For the period of January 1, 2023 through

December 31, 2026, the applicable reimbursement factor

shall be 35% for all qualified safety-net hospitals,

as defined in Section 5-5e.1 of this Code, and all

hospitals with 100 or more Full Time Equivalent

Residents and Interns, as reported on the hospital's

Medicare cost report ending in Calendar Year 2018, and

for all other qualified hospitals the applicable

reimbursement factor shall be 30%.

(d) Fee-for-service supplemental payments. For the period

of July 1, 2020 through December 31, 2022, each Illinois

hospital shall receive an annual payment equal to the amounts

below, to be paid in 12 equal installments on or before the

seventh State business day of each month, except that no

payment shall be due within 30 days after the later of the date

of notification of federal approval of the payment

methodologies required under this Section or any waiver

required under 42 CFR 433.68, at which time the sum of amounts

required under this Section prior to the date of notification

is due and payable.

(1) For critical access hospitals, $385 per covered

inpatient day contained in paid fee-for-service claims and

$530 per paid fee-for-service outpatient claim for dates

of service in Calendar Year 2019 in the Department's

Enterprise Data Warehouse as of May 11, 2020.

(2) For safety-net hospitals, $960 per covered

inpatient day contained in paid fee-for-service claims and

$625 per paid fee-for-service outpatient claim for dates

of service in Calendar Year 2019 in the Department's

Enterprise Data Warehouse as of May 11, 2020.

(3) For long term acute care hospitals, $295 per

covered inpatient day contained in paid fee-for-service

claims for dates of service in Calendar Year 2019 in the

Department's Enterprise Data Warehouse as of May 11, 2020.

(4) For freestanding psychiatric hospitals, $125 per

covered inpatient day contained in paid fee-for-service

claims and $130 per paid fee-for-service outpatient claim

for dates of service in Calendar Year 2019 in the

Department's Enterprise Data Warehouse as of May 11, 2020.

(5) For freestanding rehabilitation hospitals, $355

per covered inpatient day contained in paid

fee-for-service claims for dates of service in Calendar

Year 2019 in the Department's Enterprise Data Warehouse as

of May 11, 2020.

(6) For all general acute care hospitals and high

Medicaid hospitals as defined in subsection (f), $350 per

covered inpatient day for dates of service in Calendar

Year 2019 contained in paid fee-for-service claims and

$620 per paid fee-for-service outpatient claim in the

Department's Enterprise Data Warehouse as of May 11, 2020.

(7) Alzheimer's treatment access payment. Each

Illinois academic medical center or teaching hospital, as

defined in Section 5-5e.2 of this Code, that is identified

as the primary hospital affiliate of one of the Regional

Alzheimer's Disease Assistance Centers, as designated by

the Alzheimer's Disease Assistance Act and identified in

the Department of Public Health's Alzheimer's Disease

State Plan dated December 2016, shall be paid an

Alzheimer's treatment access payment equal to the product

of the qualifying hospital's State Fiscal Year 2018 total

inpatient fee-for-service days multiplied by the

applicable Alzheimer's treatment rate of $226.30 for

hospitals located in Cook County and $116.21 for hospitals

located outside Cook County.

(d-2) Fee-for-service supplemental payments. Beginning

January 1, 2023, each Illinois hospital shall receive an

annual payment equal to the amounts listed below, to be paid in

12 equal installments on or before the seventh State business

day of each month, except that no payment shall be due within

30 days after the later of the date of notification of federal

approval of the payment methodologies required under this

Section or any waiver required under 42 CFR 433.68, at which

time the sum of amounts required under this Section prior to

the date of notification is due and payable. The Department

may adjust the rates in paragraphs (1) through (7) to comply

with the federal upper payment limits, with such adjustments

being determined so that the total estimated spending by

hospital class, under such adjusted rates, remains

substantially similar to the total estimated spending under

the original rates set forth in this subsection.

(1) For critical access hospitals, as defined in

subsection (f), $750 per covered inpatient day contained

in paid fee-for-service claims and $750 per paid

fee-for-service outpatient claim for dates of service in

Calendar Year 2019 in the Department's Enterprise Data

Warehouse as of August 6, 2021.

(2) For safety-net hospitals, as described in

subsection (f), $1,350 per inpatient day contained in paid

fee-for-service claims and $1,350 per paid fee-for-service

outpatient claim for dates of service in Calendar Year

2019 in the Department's Enterprise Data Warehouse as of

August 6, 2021.

(3) For long term acute care hospitals, $550 per

covered inpatient day contained in paid fee-for-service

claims for dates of service in Calendar Year 2019 in the

Department's Enterprise Data Warehouse as of August 6,

2021.

(4) For freestanding psychiatric hospitals, $200 per

covered inpatient day contained in paid fee-for-service

claims and $200 per paid fee-for-service outpatient claim

for dates of service in Calendar Year 2019 in the

Department's Enterprise Data Warehouse as of August 6,

2021.

(5) For freestanding rehabilitation hospitals, $550

per covered inpatient day contained in paid

fee-for-service claims and $125 per paid fee-for-service

outpatient claim for dates of service in Calendar Year

2019 in the Department's Enterprise Data Warehouse as of

August 6, 2021.

(6) For all general acute care hospitals and high

Medicaid hospitals as defined in subsection (f), $500 per

covered inpatient day for dates of service in Calendar

Year 2019 contained in paid fee-for-service claims and

$500 per paid fee-for-service outpatient claim in the

Department's Enterprise Data Warehouse as of August 6,

2021.

(7) For public hospitals, as defined in subsection

(f), $275 per covered inpatient day contained in paid

fee-for-service claims and $275 per paid fee-for-service

outpatient claim for dates of service in Calendar Year

2019 in the Department's Enterprise Data Warehouse as of

August 6, 2021.

(8) Alzheimer's treatment access payment. Each

Illinois academic medical center or teaching hospital, as

defined in Section 5-5e.2 of this Code, that is identified

as the primary hospital affiliate of one of the Regional

Alzheimer's Disease Assistance Centers, as designated by

the Alzheimer's Disease Assistance Act and identified in

the Department of Public Health's Alzheimer's Disease

State Plan dated December 2016, shall be paid an

Alzheimer's treatment access payment equal to the product

of the qualifying hospital's Calendar Year 2019 total

inpatient fee-for-service days, in the Department's

Enterprise Data Warehouse as of August 6, 2021, multiplied

by the applicable Alzheimer's treatment rate of $244.37

for hospitals located in Cook County and $312.03 for

hospitals located outside Cook County.

(e) The Department shall require managed care

organizations (MCOs) to make directed payments and

pass-through payments according to this Section. Each calendar

year, the Department shall require MCOs to pay the maximum

amount out of these funds as allowed as pass-through payments

under federal regulations. The Department shall require MCOs

to make such pass-through payments as specified in this

Section. The Department shall require the MCOs to pay the

remaining amounts as directed Payments as specified in this

Section. The Department shall issue payments to the

Comptroller by the seventh business day of each month for all

MCOs that are sufficient for MCOs to make the directed

payments and pass-through payments according to this Section.

The Department shall require the MCOs to make pass-through

payments and directed payments using electronic funds

transfers (EFT), if the hospital provides the information

necessary to process such EFTs, in accordance with directions

provided monthly by the Department, within 7 business days of

the date the funds are paid to the MCOs, as indicated by the

"Paid Date" on the website of the Office of the Comptroller if

the funds are paid by EFT and the MCOs have received directed

payment instructions. If funds are not paid through the

Comptroller by EFT, payment must be made within 7 business

days of the date actually received by the MCO. The MCO will be

considered to have paid the pass-through payments when the

payment remittance number is generated or the date the MCO

sends the check to the hospital, if EFT information is not

supplied. If an MCO is late in paying a pass-through payment or

directed payment as required under this Section (including any

extensions granted by the Department), it shall pay a penalty,

unless waived by the Department for reasonable cause, to the

Department equal to 5% of the amount of the pass-through

payment or directed payment not paid on or before the due date

plus 5% of the portion thereof remaining unpaid on the last day

of each 30-day period thereafter. Payments to MCOs that would

be paid consistent with actuarial certification and enrollment

in the absence of the increased capitation payments under this

Section shall not be reduced as a consequence of payments made

under this subsection. The Department shall publish and

maintain on its website for a period of no less than 8 calendar

quarters, the quarterly calculation of directed payments and

pass-through payments owed to each hospital from each MCO. All

calculations and reports shall be posted no later than the

first day of the quarter for which the payments are to be

issued.

(f)(1) For purposes of allocating the funds included in

capitation payments to MCOs, Illinois hospitals shall be

divided into the following classes as defined in

administrative rules:

(A) Beginning July 1, 2020 through December 31, 2022,

critical access hospitals. Beginning January 1, 2023,

"critical access hospital" means a hospital designated by

the Department of Public Health as a critical access

hospital, excluding any hospital meeting the definition of

a public hospital in subparagraph (F).

(B) Safety-net hospitals, except that stand-alone

children's hospitals that are not specialty children's

hospitals will not be included. For the calendar year

beginning January 1, 2023, and each calendar year

thereafter, assignment to the safety-net class shall be

based on the annual safety-net rate year beginning 15

months before the beginning of the first Payout Quarter of

the calendar year.

(C) Long term acute care hospitals.

(D) Freestanding psychiatric hospitals.

(E) Freestanding rehabilitation hospitals.

(F) Beginning January 1, 2023, "public hospital" means

a hospital that is owned or operated by an Illinois

Government body or municipality, excluding a hospital

provider that is a State agency, a State university, or a

county with a population of 3,000,000 or more.

(G) High Medicaid hospitals.

(i) As used in this Section, "high Medicaid

hospital" means a general acute care hospital that:

(I) For the payout periods July 1, 2020

through December 31, 2022, is not a safety-net

hospital or critical access hospital and that has

a Medicaid Inpatient Utilization Rate above 30% or

a hospital that had over 35,000 inpatient Medicaid

days during the applicable period. For the period

July 1, 2020 through December 31, 2020, the

applicable period for the Medicaid Inpatient

Utilization Rate (MIUR) is the rate year 2020 MIUR

and for the number of inpatient days it is State

fiscal year 2018. Beginning in calendar year 2021,

the Department shall use the most recently

determined MIUR, as defined in subsection (h) of

Section 5-5.02, and for the inpatient day

threshold, the State fiscal year ending 18 months

prior to the beginning of the calendar year. For

purposes of calculating MIUR under this Section,

children's hospitals and affiliated general acute

care hospitals shall be considered a single

hospital.

(II) For the calendar year beginning January

1, 2023, and each calendar year thereafter, is not

a public hospital, safety-net hospital, or

critical access hospital and that qualifies as a

regional high volume hospital or is a hospital

that has a Medicaid Inpatient Utilization Rate

(MIUR) above 30%. As used in this item, "regional

high volume hospital" means a hospital which ranks

in the top 2 quartiles based on total hospital

services volume, of all eligible general acute

care hospitals, when ranked in descending order

based on total hospital services volume, within

the same Medicaid managed care region, as

designated by the Department, as of January 1,

2022. As used in this item, "total hospital

services volume" means the total of all Medical

Assistance hospital inpatient admissions plus all

Medical Assistance hospital outpatient visits. For

purposes of determining regional high volume

hospital inpatient admissions and outpatient

visits, the Department shall use dates of service

provided during State Fiscal Year 2020 for the

Payout Quarter beginning January 1, 2023. The

Department shall use dates of service from the

State fiscal year ending 18 month before the

beginning of the first Payout Quarter of the

subsequent annual determination period.

(ii) For the calendar year beginning January 1,

2023, the Department shall use the Rate Year 2022

Medicaid inpatient utilization rate (MIUR), as defined

in subsection (h) of Section 5-5.02. For each

subsequent annual determination, the Department shall

use the MIUR applicable to the rate year ending

September 30 of the year preceding the beginning of

the calendar year.

(H) General acute care hospitals. As used under this

Section, "general acute care hospitals" means all other

Illinois hospitals not identified in subparagraphs (A)

through (G).

(2) Hospitals' qualification for each class shall be

assessed prior to the beginning of each calendar year and the

new class designation shall be effective January 1 of the next

year. The Department shall publish by rule the process for

establishing class determination.

(3) Beginning January 1, 2024, the Department may reassign

hospitals or entire hospital classes as defined above, if

federal limits on the payments to the class to which the

hospitals are assigned based on the criteria in this

subsection prevent the Department from making payments to the

class that would otherwise be due under this Section. The

Department shall publish the criteria and composition of each

new class based on the reassignments, and the projected impact

on payments to each hospital under the new classes on its

website by November 15 of the year before the year in which the

class changes become effective.

(g) Fixed pool directed payments. Beginning July 1, 2020,

the Department shall issue payments to MCOs which shall be

used to issue directed payments to qualified Illinois

safety-net hospitals and critical access hospitals on a

monthly basis in accordance with this subsection. Prior to the

beginning of each Payout Quarter beginning July 1, 2020, the

Department shall use encounter claims data from the

Determination Quarter, accepted by the Department's Medicaid

Management Information System for inpatient and outpatient

services rendered by safety-net hospitals and critical access

hospitals to determine a quarterly uniform per unit add-on for

each hospital class.

(1) Inpatient per unit add-on. A quarterly uniform per

diem add-on shall be derived by dividing the quarterly

Inpatient Directed Payments Pool amount allocated to the

applicable hospital class by the total inpatient days

contained on all encounter claims received during the

Determination Quarter, for all hospitals in the class.

(A) Each hospital in the class shall have a

quarterly inpatient directed payment calculated that

is equal to the product of the number of inpatient days

attributable to the hospital used in the calculation

of the quarterly uniform class per diem add-on,

multiplied by the calculated applicable quarterly

uniform class per diem add-on of the hospital class.

(B) Each hospital shall be paid 1/3 of its

quarterly inpatient directed payment in each of the 3

months of the Payout Quarter, in accordance with

directions provided to each MCO by the Department.

(2) Outpatient per unit add-on. A quarterly uniform

per claim add-on shall be derived by dividing the

quarterly Outpatient Directed Payments Pool amount

allocated to the applicable hospital class by the total

outpatient encounter claims received during the

Determination Quarter, for all hospitals in the class.

(A) Each hospital in the class shall have a

quarterly outpatient directed payment calculated that

is equal to the product of the number of outpatient

encounter claims attributable to the hospital used in

the calculation of the quarterly uniform class per

claim add-on, multiplied by the calculated applicable

quarterly uniform class per claim add-on of the

hospital class.

(B) Each hospital shall be paid 1/3 of its

quarterly outpatient directed payment in each of the 3

months of the Payout Quarter, in accordance with

directions provided to each MCO by the Department.

(3) Each MCO shall pay each hospital the Monthly

Directed Payment as identified by the Department on its

quarterly determination report.

(4) Definitions. As used in this subsection:

(A) "Payout Quarter" means each 3 month calendar

quarter, beginning July 1, 2020.

(B) "Determination Quarter" means each 3 month

calendar quarter, which ends 3 months prior to the

first day of each Payout Quarter.

(5) For the period July 1, 2020 through December 2020,

the following amounts shall be allocated to the following

hospital class directed payment pools for the quarterly

development of a uniform per unit add-on:

(A) $2,894,500 for hospital inpatient services for

critical access hospitals.

(B) $4,294,374 for hospital outpatient services

for critical access hospitals.

(C) $29,109,330 for hospital inpatient services

for safety-net hospitals.

(D) $35,041,218 for hospital outpatient services

for safety-net hospitals.

(6) For the period January 1, 2023 through December

31, 2023, the Department shall establish the amounts that

shall be allocated to the hospital class directed payment

fixed pools identified in this paragraph for the quarterly

development of a uniform per unit add-on. The Department

shall establish such amounts so that the total amount of

payments to each hospital under this Section in calendar

year 2023 is projected to be substantially similar to the

total amount of such payments received by the hospital

under this Section in calendar year 2021, adjusted for

increased funding provided for fixed pool directed

payments under subsection (g) in calendar year 2022,

assuming that the volume and acuity of claims are held

constant. The Department shall publish the directed

payment fixed pool amounts to be established under this

paragraph on its website by November 15, 2022.

(A) Hospital inpatient services for critical

access hospitals.

(B) Hospital outpatient services for critical

access hospitals.

(C) Hospital inpatient services for public

hospitals.

(D) Hospital outpatient services for public

hospitals.

(E) Hospital inpatient services for safety-net

hospitals.

(F) Hospital outpatient services for safety-net

hospitals.

(7) Semi-annual rate maintenance review. The

Department shall ensure that hospitals assigned to the

fixed pools in paragraph (6) are paid no less than 95% of

the annual initial rate for each 6-month period of each

annual payout period. For each calendar year, the

Department shall calculate the annual initial rate per day

and per visit for each fixed pool hospital class listed in

paragraph (6), by dividing the total of all applicable

inpatient or outpatient directed payments issued in the

preceding calendar year to the hospitals in each fixed

pool class for the calendar year, plus any increase

resulting from the annual adjustments described in

subsection (i), by the actual applicable total service

units for the preceding calendar year which were the basis

of the total applicable inpatient or outpatient directed

payments issued to the hospitals in each fixed pool class

in the calendar year, except that for calendar year 2023,

the service units from calendar year 2021 shall be used.

(A) The Department shall calculate the effective

rate, per day and per visit, for the payout periods of

January to June and July to December of each year, for

each fixed pool listed in paragraph (6), by dividing

50% of the annual pool by the total applicable

reported service units for the 2 applicable

determination quarters.

(B) If the effective rate calculated in

subparagraph (A) is less than 95% of the annual

initial rate assigned to the class for each pool under

paragraph (6), the Department shall adjust the payment

for each hospital to a level equal to no less than 95%

of the annual initial rate, by issuing a retroactive

adjustment payment for the 6-month period under review

as identified in subparagraph (A).

(h) Fixed rate directed payments. Effective July 1, 2020,

the Department shall issue payments to MCOs which shall be

used to issue directed payments to Illinois hospitals not

identified in paragraph (g) on a monthly basis. Prior to the

beginning of each Payout Quarter beginning July 1, 2020, the

Department shall use encounter claims data from the

Determination Quarter, accepted by the Department's Medicaid

Management Information System for inpatient and outpatient

services rendered by hospitals in each hospital class

identified in paragraph (f) and not identified in paragraph

(g). For the period July 1, 2020 through December 2020, the

Department shall direct MCOs to make payments as follows:

(1) For general acute care hospitals an amount equal

to $1,750 multiplied by the hospital's category of service

20 case mix index for the determination quarter multiplied

by the hospital's total number of inpatient admissions for

category of service 20 for the determination quarter.

(2) For general acute care hospitals an amount equal

to $160 multiplied by the hospital's category of service

21 case mix index for the determination quarter multiplied

by the hospital's total number of inpatient admissions for

category of service 21 for the determination quarter.

(3) For general acute care hospitals an amount equal

to $80 multiplied by the hospital's category of service 22

case mix index for the determination quarter multiplied by

the hospital's total number of inpatient admissions for

category of service 22 for the determination quarter.

(4) For general acute care hospitals an amount equal

to $375 multiplied by the hospital's category of service

24 case mix index for the determination quarter multiplied

by the hospital's total number of category of service 24

paid EAPG (EAPGs) for the determination quarter.

(5) For general acute care hospitals an amount equal

to $240 multiplied by the hospital's category of service

27 and 28 case mix index for the determination quarter

multiplied by the hospital's total number of category of

service 27 and 28 paid EAPGs for the determination

quarter.

(6) For general acute care hospitals an amount equal

to $290 multiplied by the hospital's category of service

29 case mix index for the determination quarter multiplied

by the hospital's total number of category of service 29

paid EAPGs for the determination quarter.

(7) For high Medicaid hospitals an amount equal to

$1,800 multiplied by the hospital's category of service 20

case mix index for the determination quarter multiplied by

the hospital's total number of inpatient admissions for

category of service 20 for the determination quarter.

(8) For high Medicaid hospitals an amount equal to

$160 multiplied by the hospital's category of service 21

case mix index for the determination quarter multiplied by

the hospital's total number of inpatient admissions for

category of service 21 for the determination quarter.

(9) For high Medicaid hospitals an amount equal to $80

multiplied by the hospital's category of service 22 case

mix index for the determination quarter multiplied by the

hospital's total number of inpatient admissions for

category of service 22 for the determination quarter.

(10) For high Medicaid hospitals an amount equal to

$400 multiplied by the hospital's category of service 24

case mix index for the determination quarter multiplied by

the hospital's total number of category of service 24 paid

EAPG outpatient claims for the determination quarter.

(11) For high Medicaid hospitals an amount equal to

$240 multiplied by the hospital's category of service 27

and 28 case mix index for the determination quarter

multiplied by the hospital's total number of category of

service 27 and 28 paid EAPGs for the determination

quarter.

(12) For high Medicaid hospitals an amount equal to

$290 multiplied by the hospital's category of service 29

case mix index for the determination quarter multiplied by

the hospital's total number of category of service 29 paid

EAPGs for the determination quarter.

(13) For long term acute care hospitals the amount of

$495 multiplied by the hospital's total number of

inpatient days for the determination quarter.

(14) For psychiatric hospitals the amount of $210

multiplied by the hospital's total number of inpatient

days for category of service 21 for the determination

quarter.

(15) For psychiatric hospitals the amount of $250

multiplied by the hospital's total number of outpatient

claims for category of service 27 and 28 for the

determination quarter.

(16) For rehabilitation hospitals the amount of $410

multiplied by the hospital's total number of inpatient

days for category of service 22 for the determination

quarter.

(17) For rehabilitation hospitals the amount of $100

multiplied by the hospital's total number of outpatient

claims for category of service 29 for the determination

quarter.

(18) Effective for the Payout Quarter beginning

January 1, 2023, for the directed payments to hospitals

required under this subsection, the Department shall

establish the amounts that shall be used to calculate such

directed payments using the methodologies specified in

this paragraph. The Department shall use a single, uniform

rate, adjusted for acuity as specified in paragraphs (1)

through (12), for all categories of inpatient services

provided by each class of hospitals and a single uniform

rate, adjusted for acuity as specified in paragraphs (1)

through (12), for all categories of outpatient services

provided by each class of hospitals. The Department shall

establish such amounts so that the total amount of

payments to each hospital under this Section in calendar

year 2023 is projected to be substantially similar to the

total amount of such payments received by the hospital

under this Section in calendar year 2021, adjusted for

increased funding provided for fixed pool directed

payments under subsection (g) in calendar year 2022,

assuming that the volume and acuity of claims are held

constant. The Department shall publish the directed

payment amounts to be established under this subsection on

its website by November 15, 2022.

(19) Each hospital shall be paid 1/3 of their

quarterly inpatient and outpatient directed payment in

each of the 3 months of the Payout Quarter, in accordance

with directions provided to each MCO by the Department.

(20) Each MCO shall pay each hospital the Monthly

Directed Payment amount as identified by the Department on

its quarterly determination report.

Notwithstanding any other provision of this subsection, if

the Department determines that the actual total hospital

utilization data that is used to calculate the fixed rate

directed payments is substantially different than anticipated

when the rates in this subsection were initially determined

for unforeseeable circumstances (such as the COVID-19 pandemic

or some other public health emergency), the Department may

adjust the rates specified in this subsection so that the

total directed payments approximate the total spending amount

anticipated when the rates were initially established.

Definitions. As used in this subsection:

(A) "Payout Quarter" means each calendar quarter,

beginning July 1, 2020.

(B) "Determination Quarter" means each calendar

quarter which ends 3 months prior to the first day of

each Payout Quarter.

(C) "Case mix index" means a hospital specific

calculation. For inpatient claims the case mix index

is calculated each quarter by summing the relative

weight of all inpatient Diagnosis-Related Group (DRG)

claims for a category of service in the applicable

Determination Quarter and dividing the sum by the

number of sum total of all inpatient DRG admissions

for the category of service for the associated claims.

The case mix index for outpatient claims is calculated

each quarter by summing the relative weight of all

paid EAPGs in the applicable Determination Quarter and

dividing the sum by the sum total of paid EAPGs for the

associated claims.

(i) Beginning January 1, 2021, the rates for directed

payments shall be recalculated in order to spend the

additional funds for directed payments that result from

reduction in the amount of pass-through payments allowed under

federal regulations. The additional funds for directed

payments shall be allocated proportionally to each class of

hospitals based on that class' proportion of services.

(1) Beginning January 1, 2024, the fixed pool directed

payment amounts and the associated annual initial rates

referenced in paragraph (6) of subsection (f) for each

hospital class shall be uniformly increased by a ratio of

not less than, the ratio of the total pass-through

reduction amount pursuant to paragraph (4) of subsection

(j), for the hospitals comprising the hospital fixed pool

directed payment class for the next calendar year, to the

total inpatient and outpatient directed payments for the

hospitals comprising the hospital fixed pool directed

payment class paid during the preceding calendar year.

(2) Beginning January 1, 2024, the fixed rates for the

directed payments referenced in paragraph (18) of

subsection (h) for each hospital class shall be uniformly

increased by a ratio of not less than, the ratio of the

total pass-through reduction amount pursuant to paragraph

(4) of subsection (j), for the hospitals comprising the

hospital directed payment class for the next calendar

year, to the total inpatient and outpatient directed

payments for the hospitals comprising the hospital fixed

rate directed payment class paid during the preceding

calendar year.

(j) Pass-through payments.

(1) For the period July 1, 2020 through December 31,

2020, the Department shall assign quarterly pass-through

payments to each class of hospitals equal to one-fourth of

the following annual allocations:

(A) $390,487,095 to safety-net hospitals.

(B) $62,553,886 to critical access hospitals.

(C) $345,021,438 to high Medicaid hospitals.

(D) $551,429,071 to general acute care hospitals.

(E) $27,283,870 to long term acute care hospitals.

(F) $40,825,444 to freestanding psychiatric

hospitals.

(G) $9,652,108 to freestanding rehabilitation

hospitals.

(2) For the period of July 1, 2020 through December

31, 2020, the pass-through payments shall at a minimum

ensure hospitals receive a total amount of monthly

payments under this Section as received in calendar year

2019 in accordance with this Article and paragraph (1) of

subsection (d-5) of Section 14-12, exclusive of amounts

received through payments referenced in subsection (b).

(3) For the calendar year beginning January 1, 2023,

the Department shall establish the annual pass-through

allocation to each class of hospitals and the pass-through

payments to each hospital so that the total amount of

payments to each hospital under this Section in calendar

year 2023 is projected to be substantially similar to the

total amount of such payments received by the hospital

under this Section in calendar year 2021, adjusted for

increased funding provided for fixed pool directed

payments under subsection (g) in calendar year 2022,

assuming that the volume and acuity of claims are held

constant. The Department shall publish the pass-through

allocation to each class and the pass-through payments to

each hospital to be established under this subsection on

its website by November 15, 2022.

(4) For the calendar years beginning January 1, 2021

and January 1, 2022, each hospital's pass-through payment

amount shall be reduced proportionally to the reduction of

all pass-through payments required by federal regulations.

Beginning January 1, 2024, the Department shall reduce

total pass-through payments by the minimum amount

necessary to comply with federal regulations. Pass-through

payments to safety-net hospitals, as defined in Section

5-5e.1 of this Code, shall not be reduced until all

pass-through payments to other hospitals have been

eliminated. All other hospitals shall have their

pass-through payments reduced proportionally.

(k) At least 30 days prior to each calendar year, the

Department shall notify each hospital of changes to the

payment methodologies in this Section, including, but not

limited to, changes in the fixed rate directed payment rates,

the aggregate pass-through payment amount for all hospitals,

and the hospital's pass-through payment amount for the

upcoming calendar year.

(l) Notwithstanding any other provisions of this Section,

the Department may adopt rules to change the methodology for

directed and pass-through payments as set forth in this

Section, but only to the extent necessary to obtain federal

approval of a necessary State Plan amendment or Directed

Payment Preprint or to otherwise conform to federal law or

federal regulation.

(m) As used in this subsection, "managed care

organization" or "MCO" means an entity which contracts with

the Department to provide services where payment for medical

services is made on a capitated basis, excluding contracted

entities for dual eligible or Department of Children and

Family Services youth populations.

(n) In order to address the escalating infant mortality

rates among minority communities in Illinois, the State shall,

subject to appropriation, create a pool of funding of at least

$50,000,000 annually to be disbursed among safety-net

hospitals that maintain perinatal designation from the

Department of Public Health. The funding shall be used to

preserve or enhance OB/GYN services or other specialty

services at the receiving hospital, with the distribution of

funding to be established by rule and with consideration to

perinatal hospitals with safe birthing levels and quality

metrics for healthy mothers and babies.

(o) In order to address the growing challenges of

providing stable access to healthcare in rural Illinois,

including perinatal services, behavioral healthcare including

substance use disorder services (SUDs) and other specialty

services, and to expand access to telehealth services among

rural communities in Illinois, the Department of Healthcare

and Family Services shall administer a program to provide at

least $10,000,000 in financial support annually to critical

access hospitals for delivery of perinatal and OB/GYN

services, behavioral healthcare including SUDS, other

specialty services and telehealth services. The funding shall

be used to preserve or enhance perinatal and OB/GYN services,

behavioral healthcare including SUDS, other specialty

services, as well as the explanation of telehealth services by

the receiving hospital, with the distribution of funding to be

established by rule.

(p) For calendar year 2023, the final amounts, rates, and

payments under subsections (c), (d-2), (g), (h), and (j) shall

be established by the Department, so that the sum of the total

estimated annual payments under subsections (c), (d-2), (g),

(h), and (j) for each hospital class for calendar year 2023, is

no less than:

(1) $858,260,000 to safety-net hospitals.

(2) $86,200,000 to critical access hospitals.

(3) $1,765,000,000 to high Medicaid hospitals.

(4) $673,860,000 to general acute care hospitals.

(5) $48,330,000 to long term acute care hospitals.

(6) $89,110,000 to freestanding psychiatric hospitals.

(7) $24,300,000 to freestanding rehabilitation

hospitals.

(8) $32,570,000 to public hospitals.

(q) Hospital Pandemic Recovery Stabilization Payments. The

Department shall disburse a pool of $460,000,000 in stability

payments to hospitals prior to April 1, 2023. The allocation

of the pool shall be based on the hospital directed payment

classes and directed payments issued, during Calendar Year

2022 with added consideration to safety net hospitals, as

defined in subdivision (f)(1)(B) of this Section, and critical

access hospitals.

(Source: P.A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21;

102-886, eff. 5-17-22; 102-1115, eff. 1-9-23; 103-102, eff.

6-16-23; revised 9-21-23.)

(305 ILCS 5/6-9) (from Ch. 23, par. 6-9)

Sec. 6-9. (a)(1) A local governmental unit may provide

assistance to households under its General Assistance program

following a declaration by the President of the United States

of a major disaster or emergency pursuant to the Federal

Disaster Relief Act of 1974, as now or hereafter amended, if

the local governmental unit is within the area designated

under the declaration. A local governmental government unit

may also provide assistance to households under its General

Assistance program following a disaster proclamation issued by

the Governor if the local governmental unit is within the area

designated under the proclamation. Assistance under this

Section may be provided to households which have suffered

damage, loss, or hardships as a result of the major disaster or

emergency. Assistance under this Section may be provided to

households without regard to the eligibility requirements and

other requirements of this Code. Assistance under this Section

may be provided only during the 90-day period following the

date of declaration of a major disaster or emergency.

(2) A local governmental unit shall not use State funds to

provide assistance under this Section. If a local governmental

unit receives State funds to provide General Assistance under

this Article, assistance provided by the local governmental

unit under this Section shall not be considered in determining

whether a local governmental unit has qualified to receive

State funds under Article XII. A local governmental unit which

provides assistance under this Section shall not, as a result

of payment of such assistance, change the nature or amount of

assistance provided to any other individual or family under

this Article.

(3) This Section shall not apply to any municipality of

more than 500,000 population in which a separate program has

been established by the Illinois Department under Section 6-1.

(b)(1) A local governmental unit may provide assistance to

households for food and temporary shelter. To qualify for

assistance a household shall submit to the local governmental

unit: (A) such application as the local governmental unit may

require; (B) a copy of an application to the Federal Emergency

Management Agency (hereinafter "FEMA") or the Small Business

Administration (hereinafter "SBA") for assistance; (C) such

other proof of damage, loss, or hardship as the local

governmental unit may require; and (D) an agreement to

reimburse the local governmental unit for the amount of any

assistance received by the household under this subsection

(b).

(2) Assistance under this subsection (b) may be in the

form of cash or vouchers. The amount of assistance provided to

a household in any month under this subsection (b) shall not

exceed the maximum amount payable under Section 6-2.

(3) No assistance shall be provided to a household after

it receives a determination of its application to FEMA or SBA

for assistance.

(4) A household which has received assistance under this

subsection (b) shall reimburse the local governmental unit in

full for any assistance received under this subsection. If the

household receives assistance from FEMA or SBA in the form of

loans or grants, the household shall reimburse the local

governmental unit from those funds. If the household's request

for assistance is denied or rejected by the FEMA or SBA, the

household shall repay the local governmental unit in

accordance with a repayment schedule prescribed by the local

governmental unit.

(c)(1) A local governmental unit may provide assistance to

households for structural repairs to homes or for repair or

replacement of home electrical or heating systems, bedding,

and food refrigeration equipment. To qualify for assistance a

household shall submit to the local governmental unit: (A)

such application as the local governmental unit may require;

(B) a copy of claim to an insurance company for reimbursement

for the damage or loss for which assistance is sought; (C) such

other proof of damage, loss, or hardship as the local

governmental unit may require; and (D) an agreement to

reimburse the local governmental unit for the amount of any

assistance received by the household under this subsection

(c).

(2) Any assistance provided under this subsection (c)

shall be in the form of direct payments to vendors, and shall

not be made directly to a household. The total amount of

assistance provided to a household under this subsection (c)

shall not exceed $1,500.

(3) No assistance shall be provided to a household after

it receives a determination of its insurance claims.

(4) A household which has received assistance under this

subsection (c) shall reimburse the local governmental unit in

full for any assistance received under this subsection. If the

household's insurance claim is approved, the household shall

reimburse the local governmental unit from the proceeds. If

the household's insurance claim is denied, the household shall

repay the local governmental unit in accordance with a

repayment schedule prescribed by the local governmental unit.

(Source: P.A. 103-192, eff. 1-1-24; revised 1-2-24.)

(305 ILCS 5/6-12) (from Ch. 23, par. 6-12)

Sec. 6-12. General Assistance not funded by State. General

Assistance programs in local governments that do not receive

State funds shall continue to be governed by Sections 6-1

through 6-10, as applicable, as well as other relevant parts

of this Code and other laws. However, notwithstanding any

other provision of this Code, any unit of local government

that does not receive State funds may implement a General

Assistance program that complies with Sections Section 6-11

and 6-11a. So long as the program complies with either Section

6-11 or 6-12, the program shall not be deemed out of compliance

with or in violation of this Code.

(Source: P.A. 103-192, eff. 1-1-24; revised 1-2-24.)

(305 ILCS 5/12-4.57)

Sec. 12-4.57. Prospective Payment System rates; increase

for federally qualified health centers. Beginning January 1,

2024, subject to federal approval, the Department of

Healthcare and Family Services shall increase the Prospective

Payment System rates for federally qualified health centers to

a level calculated to spend an additional $50,000,000 in the

first year of application using an alternative payment method

acceptable to the Centers for Medicare and Medicaid Services

and a trade association representing a majority of federally

qualified health centers operating in Illinois, including a

rate increase that is an equal percentage increase to the

rates paid to each federally qualified health center.

(Source: P.A. 103-102, eff. 1-1-24.)

(305 ILCS 5/12-4.58)

Sec. 12-4.58 12-4.57. Stolen SNAP benefits via card

skimming; data collection and reports.

(a) As the State administrator of benefits provided under

the federally funded Supplemental Nutrition Assistance Program

(SNAP), the Department of Human Services shall track and

collect data on the scope and frequency of SNAP benefits fraud

in this State where a SNAP recipient's benefits are stolen

from the recipient's electronic benefits transfer card by

means of card skimming, card cloning, or some other similar

fraudulent method. The Department shall specifically keep a

record of every report made to the Department by a SNAP

recipient alleging the theft of benefits due to no fault of the

recipient, the benefit amount stolen, and, if practicable, how

those stolen benefits were used and the location of those

thefts.

(b) The Department shall report its findings to the

General Assembly on an annual basis beginning on January 1,

2024. The Department shall file an annual report no later than

the 60th day of the following year following each reporting

period. A SNAP recipient's personally identifiable information

shall be excluded from the reports consistent with State and

federal privacy protections. Each annual report shall also be

posted on the Department's official website.

(c) If the Department determines that a SNAP recipient has

made a substantiated report of stolen benefits due to card

skimming, card cloning, or some other similar fraudulent

method, the Department shall refer the matter to the State's

Attorney who has jurisdiction over the alleged theft or fraud

and shall provide any assistance to that State's Attorney in

the prosecution of the alleged theft or fraud.

(Source: P.A. 103-297, eff. 1-1-24; revised 1-2-24.)

Section 450. The Abandoned Newborn Infant Protection Act

is amended by changing Sections 10, 30, and 35 as follows:

(325 ILCS 2/10)

Sec. 10. Definitions. In this Act:

"Abandon" has the same meaning as in the Abused and

Neglected Child Reporting Act.

"Abused child" has the same meaning as in the Abused and

Neglected Child Reporting Act.

"Child welfare agency" means an Illinois licensed public

or private agency that receives a child for the purpose of

placing or arranging for the placement of the child in a foster

or pre-adoptive family home or other facility for child care,

apart from the custody of the child's parents.

"Department" or "DCFS" means the Illinois Department of

Children and Family Services.

"Emergency medical facility" means a freestanding

emergency center or trauma center, as defined in the Emergency

Medical Services (EMS) Systems Act.

"Emergency medical professional" includes licensed

physicians, and any emergency medical technician, emergency

medical technician-intermediate, advanced emergency medical

technician, paramedic, trauma nurse specialist, and

pre-hospital registered nurse, as defined in the Emergency

Medical Services (EMS) Systems Act.

"Fire station" means a fire station within the State with

at least one staff person.

"Hospital" has the same meaning as in the Hospital

Licensing Act.

"Legal custody" means the relationship created by a court

order in the best interest of a newborn infant that imposes on

the infant's custodian the responsibility of physical

possession of the infant, the duty to protect, train, and

discipline the infant, and the duty to provide the infant with

food, shelter, education, and medical care, except as these

are limited by parental rights and responsibilities.

"Neglected child" has the same meaning as in the Abused

and Neglected Child Reporting Act.

"Newborn infant" means a child who a licensed physician

reasonably believes is 30 days old or less at the time the

child is initially relinquished to a hospital, police station,

fire station, or emergency medical facility, and who is not an

abused or a neglected child.

"Parent" or "biological parent" or "birth parent" means a

person who has established maternity or paternity of the

newborn infant through genetic testing.

"Police station" means a municipal police station, a

county sheriff's office, a campus police department located on

any college or university owned or controlled by the State or

any private college or private university that is not owned or

controlled by the State when employees of the campus police

department are present, or any of the district headquarters of

the Illinois State Police.

"Relinquish" means to bring a newborn infant, who a

licensed physician reasonably believes is 30 days old or less,

to a hospital, police station, fire station, or emergency

medical facility and to leave the infant with personnel of the

facility, if the person leaving the infant does not express an

intent to return for the infant or states that the person will

not return for the infant. In the case of a person who gives

birth to an infant in a hospital, the person's act of leaving

that newborn infant at the hospital (i) without expressing an

intent to return for the infant or (ii) stating that the person

will not return for the infant is not a "relinquishment" under

this Act.

"Temporary protective custody" means the temporary

placement of a newborn infant within a hospital or other

medical facility out of the custody of the infant's parent.

(Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24;

revised 9-14-23.)

(325 ILCS 2/30)

Sec. 30. Anonymity of relinquishing person. If there is

no evidence of abuse or neglect of a relinquished newborn

infant, the relinquishing person has the right to remain

anonymous and to leave the hospital, police station, fire

station, or emergency medical facility at any time and not be

pursued or followed. Before the relinquishing person leaves

the hospital, police station, fire station, or emergency

medical facility, the hospital, police station, fire station,

or emergency medical facility personnel shall (i) verbally

inform the relinquishing person that by relinquishing the

child anonymously, the relinquishing person will have to

petition the court if the relinquishing person desires to

prevent the termination of parental rights and regain custody

of the child and (ii) shall offer the relinquishing person the

information packet described in Section 35 of this Act.

However, nothing in this Act shall be construed as precluding

the relinquishing person from providing the relinquishing

person's identity or completing the application forms for the

Illinois Adoption Registry and Medical Information Exchange

and requesting that the hospital, police station, fire

station, or emergency medical facility forward those forms to

the Illinois Adoption Registry and Medical Information

Exchange.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)

(325 ILCS 2/35)

Sec. 35. Information for relinquishing person.

(a) The hospital, police station, fire station, or

emergency medical facility that receives a newborn infant

relinquished in accordance with this Act shall offer to the

relinquishing person information about the relinquishment

process and, either in writing or by referring such person to a

website or other electronic resource, such information shall

state that the relinquishing person's acceptance of the

information is completely voluntary. The information packet

must include all of the following:

(1) (Blank).

(2) Written notice of the following:

(A) No sooner than 60 days following the date of

the initial relinquishment of the infant to a

hospital, police station, fire station, or emergency

medical facility, the child welfare agency or the

Department will commence proceedings for the

termination of parental rights and placement of the

infant for adoption.

(B) Failure of a parent of the infant to contact

the Department and petition for the return of custody

of the infant before termination of parental rights

bars any future action asserting legal rights with

respect to the infant.

(3) A resource list of providers of counseling

services including grief counseling, pregnancy counseling,

and counseling regarding adoption and other available

options for placement of the infant.

Upon request of a parent, the Department of Public Health

shall provide the application forms for the Illinois Adoption

Registry and Medical Information Exchange.

(b) The information offered to a relinquishing person in

accordance with this Act shall include, in addition to other

information required under this Act, the following:

(1) Information that describes this Act and the rights

of birth parents, including an option for the parent to

complete and mail to the Department of Children and Family

Services a form that shall ask for basic anonymous

background information about the relinquished child. This

form shall be maintained by the Department on its website.

(2) Information about the Illinois Adoption Registry,

including a toll-free number and website information.

(3) Information about a mother's postpartum health.

The information provided in writing or through electronic

means shall be designed in coordination between the Office of

Vital Records and the Department of Children and Family

Services. The Failure to provide such information under this

Section or the failure of the relinquishing person to accept

such information shall not invalidate the relinquishment under

this Act.

(Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24;

revised 9-15-23.)

Section 455. The Abused and Neglected Child Reporting Act

is amended by changing Sections 4.5 and 7.4 as follows:

(325 ILCS 5/4.5)

Sec. 4.5. Electronic and information technology workers;

reporting child pornography.

(a) In this Section:

"Child pornography" means child pornography as described

in Section 11-20.1 of the Criminal Code of 2012.

"Electronic and information technology equipment" means

equipment used in the creation, manipulation, storage,

display, or transmission of data, including internet and

intranet systems, software applications, operating systems,

video and multimedia, telecommunications products, kiosks,

information transaction machines, copiers, printers, and

desktop and portable computers.

"Electronic and information technology equipment worker"

means a person who in the scope and course of the person's

employment or business installs, repairs, or otherwise

services electronic and information technology equipment for a

fee but does not include (i) an employee, independent

contractor, or other agent of a telecommunications carrier or

telephone or telecommunications cooperative, as those terms

are defined in the Public Utilities Act, or (ii) an employee,

independent contractor, or other agent of a provider of

commercial mobile radio service, as defined in 47 CFR C.F.R.

20.3.

(b) If an electronic and information technology equipment

worker discovers any depiction of child pornography while

installing, repairing, or otherwise servicing an item of

electronic and information technology equipment, that worker

or the worker's employer shall immediately report the

discovery to the local law enforcement agency or to the Cyber

Tipline at the National Center for Missing and Exploited

Children.

(c) If a report is filed in accordance with the

requirements of 42 U.S.C. 13032, the requirements of this

Section 4.5 will be deemed to have been met.

(d) An electronic and information technology equipment

worker or electronic and information technology equipment

worker's employer who reports a discovery of child pornography

as required under this Section is immune from any criminal,

civil, or administrative liability in connection with making

the report, except for willful or wanton misconduct.

(e) Failure to report a discovery of child pornography as

required under this Section is a business offense subject to a

fine of $1,001.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)

(325 ILCS 5/7.4)

Sec. 7.4. (a) The Department shall be capable of receiving

reports of suspected child abuse or neglect 24 hours a day, 7

days a week. Whenever the Department receives a report

alleging that a child is a truant as defined in Section 26-2a

of the School Code, as now or hereafter amended, the

Department shall notify the superintendent of the school

district in which the child resides and the appropriate

superintendent of the educational service region. The

notification to the appropriate officials by the Department

shall not be considered an allegation of abuse or neglect

under this Act.

(a-5) The Department of Children and Family Services may

implement a "differential response program" in accordance with

criteria, standards, and procedures prescribed by rule. The

program may provide that, upon receiving a report, the

Department shall determine whether to conduct a family

assessment or an investigation as appropriate to prevent or

provide a remedy for child abuse or neglect.

For purposes of this subsection (a-5), "family assessment"

means a comprehensive assessment of child safety, risk of

subsequent child maltreatment, and family strengths and needs

that is applied to a child maltreatment report that does not

allege substantial child endangerment. "Family assessment"

does not include a determination as to whether child

maltreatment occurred but does determine the need for services

to address the safety of family members and the risk of

subsequent maltreatment.

For purposes of this subsection (a-5), "investigation"

means fact-gathering related to the current safety of a child

and the risk of subsequent abuse or neglect that determines

whether a report of suspected child abuse or neglect should be

indicated or unfounded and whether child protective services

are needed.

Under the "differential response program" implemented

under this subsection (a-5), the Department:

(1) Shall conduct an investigation on reports

involving substantial child abuse or neglect.

(2) Shall begin an immediate investigation if, at any

time when it is using a family assessment response, it

determines that there is reason to believe that

substantial child abuse or neglect or a serious threat to

the child's safety exists.

(3) May conduct a family assessment for reports that

do not allege substantial child endangerment. In

determining that a family assessment is appropriate, the

Department may consider issues, including, but not limited

to, child safety, parental cooperation, and the need for

an immediate response.

(4) Shall promulgate criteria, standards, and

procedures that shall be applied in making this

determination, taking into consideration the Safety-Based

Child Welfare Intervention System of the Department.

(5) May conduct a family assessment on a report that

was initially screened and assigned for an investigation.

In determining that a complete investigation is not

required, the Department must document the reason for

terminating the investigation and notify the local law

enforcement agency or the Illinois State Police if the local

law enforcement agency or Illinois State Police is conducting

a joint investigation.

Once it is determined that a "family assessment" will be

implemented, the case shall not be reported to the central

register of abuse and neglect reports.

During a family assessment, the Department shall collect

any available and relevant information to determine child

safety, risk of subsequent abuse or neglect, and family

strengths.

Information collected includes, but is not limited to,

when relevant: information with regard to the person reporting

the alleged abuse or neglect, including the nature of the

reporter's relationship to the child and to the alleged

offender, and the basis of the reporter's knowledge for the

report; the child allegedly being abused or neglected; the

alleged offender; the child's caretaker; and other collateral

sources having relevant information related to the alleged

abuse or neglect. Information relevant to the assessment must

be asked for, and may include:

(A) The child's sex and age, prior reports of abuse or

neglect, information relating to developmental

functioning, credibility of the child's statement, and

whether the information provided under this paragraph (A)

is consistent with other information collected during the

course of the assessment or investigation.

(B) The alleged offender's age, a record check for

prior reports of abuse or neglect, and criminal charges

and convictions. The alleged offender may submit

supporting documentation relevant to the assessment.

(C) Collateral source information regarding the

alleged abuse or neglect and care of the child. Collateral

information includes, when relevant: (i) a medical

examination of the child; (ii) prior medical records

relating to the alleged maltreatment or care of the child

maintained by any facility, clinic, or health care

professional, and an interview with the treating

professionals; and (iii) interviews with the child's

caretakers, including the child's parent, guardian, foster

parent, child care provider, teachers, counselors, family

members, relatives, and other persons who may have

knowledge regarding the alleged maltreatment and the care

of the child.

(D) Information on the existence of domestic abuse and

violence in the home of the child, and substance abuse.

Nothing in this subsection (a-5) precludes the Department

from collecting other relevant information necessary to

conduct the assessment or investigation. Nothing in this

subsection (a-5) shall be construed to allow the name or

identity of a reporter to be disclosed in violation of the

protections afforded under Section 7.19 of this Act.

After conducting the family assessment, the Department

shall determine whether services are needed to address the

safety of the child and other family members and the risk of

subsequent abuse or neglect.

Upon completion of the family assessment, if the

Department concludes that no services shall be offered, then

the case shall be closed. If the Department concludes that

services shall be offered, the Department shall develop a

family preservation plan and offer or refer services to the

family.

At any time during a family assessment, if the Department

believes there is any reason to stop the assessment and

conduct an investigation based on the information discovered,

the Department shall do so.

The procedures available to the Department in conducting

investigations under this Act shall be followed as appropriate

during a family assessment.

If the Department implements a differential response

program authorized under this subsection (a-5), the Department

shall arrange for an independent evaluation of the program for

at least the first 3 years of implementation to determine

whether it is meeting the goals in accordance with Section 2 of

this Act.

The Department may adopt administrative rules necessary

for the execution of this Section, in accordance with Section

4 of the Children and Family Services Act.

The Department shall submit a report to the General

Assembly by January 15, 2018 on the implementation progress

and recommendations for additional needed legislative changes.

(b)(1) The following procedures shall be followed in the

investigation of all reports of suspected abuse or neglect of

a child, except as provided in subsection (c) of this Section.

(2) If, during a family assessment authorized by

subsection (a-5) or an investigation, it appears that the

immediate safety or well-being of a child is endangered, that

the family may flee or the child disappear, or that the facts

otherwise so warrant, the Child Protective Service Unit shall

commence an investigation immediately, regardless of the time

of day or night. All other investigations shall be commenced

within 24 hours of receipt of the report. Upon receipt of a

report, the Child Protective Service Unit shall conduct a

family assessment authorized by subsection (a-5) or begin an

initial investigation and make an initial determination

whether the report is a good faith indication of alleged child

abuse or neglect.

(3) Based on an initial investigation, if the Unit

determines the report is a good faith indication of alleged

child abuse or neglect, then a formal investigation shall

commence and, pursuant to Section 7.12 of this Act, may or may

not result in an indicated report. The formal investigation

shall include: direct contact with the subject or subjects of

the report as soon as possible after the report is received; an

evaluation of the environment of the child named in the report

and any other children in the same environment; a

determination of the risk to such children if they continue to

remain in the existing environments, as well as a

determination of the nature, extent and cause of any condition

enumerated in such report; the name, age and condition of

other children in the environment; and an evaluation as to

whether there would be an immediate and urgent necessity to

remove the child from the environment if appropriate family

preservation services were provided. After seeing to the

safety of the child or children, the Department shall

forthwith notify the subjects of the report in writing, of the

existence of the report and their rights existing under this

Act in regard to amendment or expungement. To fulfill the

requirements of this Section, the Child Protective Service

Unit shall have the capability of providing or arranging for

comprehensive emergency services to children and families at

all times of the day or night.

(4) If (i) at the conclusion of the Unit's initial

investigation of a report, the Unit determines the report to

be a good faith indication of alleged child abuse or neglect

that warrants a formal investigation by the Unit, the

Department, any law enforcement agency or any other

responsible agency and (ii) the person who is alleged to have

caused the abuse or neglect is employed or otherwise engaged

in an activity resulting in frequent contact with children and

the alleged abuse or neglect are in the course of such

employment or activity, then the Department shall, except in

investigations where the Director determines that such

notification would be detrimental to the Department's

investigation, inform the appropriate supervisor or

administrator of that employment or activity that the Unit has

commenced a formal investigation pursuant to this Act, which

may or may not result in an indicated report. The Department

shall also notify the person being investigated, unless the

Director determines that such notification would be

detrimental to the Department's investigation.

(c) In an investigation of a report of suspected abuse or

neglect of a child by a school employee at a school or on

school grounds, the Department shall make reasonable efforts

to follow the following procedures:

(1) Investigations involving teachers shall not, to

the extent possible, be conducted when the teacher is

scheduled to conduct classes. Investigations involving

other school employees shall be conducted so as to

minimize disruption of the school day. The school employee

accused of child abuse or neglect may have the school

employee's superior, the school employee's association or

union representative, and the school employee's attorney

present at any interview or meeting at which the teacher

or administrator is present. The accused school employee

shall be informed by a representative of the Department,

at any interview or meeting, of the accused school

employee's due process rights and of the steps in the

investigation process. These due process rights shall also

include the right of the school employee to present

countervailing evidence regarding the accusations. In an

investigation in which the alleged perpetrator of abuse or

neglect is a school employee, including, but not limited

to, a school teacher or administrator, and the

recommendation is to determine the report to be indicated,

in addition to other procedures as set forth and defined

in Department rules and procedures, the employee's due

process rights shall also include: (i) the right to a copy

of the investigation summary; (ii) the right to review the

specific allegations which gave rise to the investigation;

and (iii) the right to an administrator's teleconference

which shall be convened to provide the school employee

with the opportunity to present documentary evidence or

other information that supports the school employee's

position and to provide information before a final finding

is entered.

(2) If a report of neglect or abuse of a child by a

teacher or administrator does not involve allegations of

sexual abuse or extreme physical abuse, the Child

Protective Service Unit shall make reasonable efforts to

conduct the initial investigation in coordination with the

employee's supervisor.

If the Unit determines that the report is a good faith

indication of potential child abuse or neglect, it shall

then commence a formal investigation under paragraph (3)

of subsection (b) of this Section.

(3) If a report of neglect or abuse of a child by a

teacher or administrator involves an allegation of sexual

abuse or extreme physical abuse, the Child Protective Unit

shall commence an investigation under paragraph (2) of

subsection (b) of this Section.

(c-5) In any instance in which a report is made or caused

to made by a school district employee involving the conduct of

a person employed by the school district, at the time the

report was made, as required under Section 4 of this Act, the

Child Protective Service Unit shall send a copy of its final

finding report to the general superintendent of that school

district.

(c-10) The Department may recommend that a school district

remove a school employee who is the subject of an

investigation from the school employee's employment position

pending the outcome of the investigation; however, all

employment decisions regarding school personnel shall be the

sole responsibility of the school district or employer. The

Department may not require a school district to remove a

school employee from the school employee's employment position

or limit the school employee's duties pending the outcome of

an investigation.

(d) If the Department has contact with an employer, or

with a religious institution or religious official having

supervisory or hierarchical authority over a member of the

clergy accused of the abuse of a child, in the course of its

investigation, the Department shall notify the employer or the

religious institution or religious official, in writing, when

a report is unfounded so that any record of the investigation

can be expunged from the employee's or member of the clergy's

personnel or other records. The Department shall also notify

the employee or the member of the clergy, in writing, that

notification has been sent to the employer or to the

appropriate religious institution or religious official

informing the employer or religious institution or religious

official that the Department's investigation has resulted in

an unfounded report.

(d-1) Whenever a report alleges that a child was abused or

neglected while receiving care in a hospital, including a

freestanding psychiatric hospital licensed by the Department

of Public Health, the Department shall send a copy of its final

finding to the Director of Public Health and the Director of

Healthcare and Family Services.

(e) Upon request by the Department, the Illinois State

Police and law enforcement agencies are authorized to provide

criminal history record information as defined in the Illinois

Uniform Conviction Information Act and information maintained

in the adjudicatory and dispositional record system as defined

in Section 2605-355 of the Illinois State Police Law to

properly designated employees of the Department of Children

and Family Services if the Department determines the

information is necessary to perform its duties under the

Abused and Neglected Child Reporting Act, the Child Care Act

of 1969, and the Children and Family Services Act. The request

shall be in the form and manner required by the Illinois State

Police. Any information obtained by the Department of Children

and Family Services under this Section is confidential and may

not be transmitted outside the Department of Children and

Family Services other than to a court of competent

jurisdiction or unless otherwise authorized by law. Any

employee of the Department of Children and Family Services who

transmits confidential information in violation of this

Section or causes the information to be transmitted in

violation of this Section is guilty of a Class A misdemeanor

unless the transmittal of the information is authorized by

this Section or otherwise authorized by law.

(f) For purposes of this Section, "child abuse or neglect"

includes abuse or neglect of an adult resident as defined in

this Act.

(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;

103-460, eff. 1-1-24; revised 9-15-23.)

Section 460. The Intergovernmental Missing Child Recovery

Act of 1984 is amended by changing Section 6 as follows:

(325 ILCS 40/6) (from Ch. 23, par. 2256)

Sec. 6. The Illinois State Police shall:

(a) Utilize the statewide Law Enforcement Agencies

Data System (LEADS) for the purpose of effecting an

immediate law enforcement response to reports of missing

children. The Illinois State Police shall implement an

automated data exchange system to compile, to maintain,

and to make available for dissemination to Illinois and

out-of-State law enforcement agencies, data which can

assist appropriate agencies in recovering missing

children.

(b) Establish contacts and exchange information

regarding lost, missing, or runaway children with

nationally recognized "missing person and runaway" service

organizations and monitor national research and publicize

important developments.

(c) Provide a uniform reporting format for the entry

of pertinent information regarding reports of missing

children into LEADS.

(d) Develop and implement a policy whereby a statewide

or regional alert would be used in situations relating to

the disappearances of children, based on criteria and in a

format established by the Illinois State Police. Such a

format shall include, but not be limited to, the age and

physical description of the missing child and the

suspected circumstances of the disappearance.

(e) Notify all law enforcement agencies that reports

of missing persons shall be entered as soon as the minimum

level of data specified by the Illinois State Police is

available to the reporting agency and that no waiting

period for entry of such data exists.

(f) Provide a procedure for prompt confirmation of the

receipt and entry of the missing child report into LEADS

to the parent or guardian of the missing child.

(g) Compile and retain information regarding missing

children in a separate data file, in a manner that allows

such information to be used by law enforcement and other

agencies deemed appropriate by the Director, for

investigative purposes. Such files shall be updated to

reflect and include information relating to the

disposition of the case.

(h) Compile and maintain a an historic data repository

relating to missing children in order (1) to develop and

improve techniques utilized by law enforcement agencies

when responding to reports of missing children and (2) to

provide a factual and statistical base for research that

would address the problem of missing children.

(i) Create a quality control program to assess the

timeliness of entries of missing children reports into

LEADS and conduct performance audits of all entering

agencies.

(j) Prepare a periodic information bulletin concerning

missing children who it determines may be present in this

State, compiling such bulletin from information contained

in both the National Crime Information Center computer and

from reports, alerts, and other information entered into

LEADS or otherwise compiled and retained by the Illinois

State Police pursuant to this Act. The bulletin shall

indicate the name, age, physical description, suspected

circumstances of disappearance if that information is

available, a photograph if one is available, the name of

the law enforcement agency investigating the case, and

such other information as the Director considers

appropriate concerning each missing child who the Illinois

State Police determines may be present in this State. The

Illinois State Police shall send a copy of each periodic

information bulletin to the State Board of Education for

its use in accordance with Section 2-3.48 of the School

Code. The Illinois State Police shall provide a copy of

the bulletin, upon request, to law enforcement agencies of

this or any other state or of the federal government, and

may provide a copy of the bulletin, upon request, to other

persons or entities, if deemed appropriate by the

Director, and may establish limitations on its use and a

reasonable fee for so providing the same, except that no

fee shall be charged for providing the periodic

information bulletin to the State Board of Education,

appropriate units of local government, State agencies, or

law enforcement agencies of this or any other state or of

the federal government.

(k) Provide for the entry into LEADS of the names and

addresses of sex offenders as defined in the Sex Offender

Registration Act who are required to register under that

Act. The information shall be immediately accessible to

law enforcement agencies and peace officers of this State

or any other state or of the federal government. Similar

information may be requested from any other state or of

the federal government for purposes of this Act.

(l) Provide for the entry into LEADS of the names and

addresses of violent offenders against youth as defined in

the Murderer and Violent Offender Against Youth

Registration Act who are required to register under that

Act. The information shall be immediately accessible to

law enforcement agencies and peace officers of this State

or any other state or of the federal government. Similar

information may be requested from any other state or of

the federal government for purposes of this Act.

(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;

revised 1-2-24.)

Section 465. The Smart Start Illinois Act is amended by

changing Section 95-10 as follows:

(325 ILCS 85/95-10)

Sec. 95-10. Smart Start Child Care Workforce Compensation

Program.

(a) The Department of Human Services shall create and

establish the Smart Start Child Care Workforce Compensation

Program. The purpose of the Smart Start Child Care Workforce

Compensation Program is to invest in early childhood education

and care service providers, including, but not limited to,

providers participating in the Child Care Assistance Program;

to expand the supply of high-quality early childhood education

and care; and to create a strong and stable early childhood

education and care system with attractive wages, high-quality

services, and affordable costs cost.

(b) The purpose of the Smart Start Child Care Workforce

Compensation Program is to stabilize community-based early

childhood education and care service providers, raise the

wages of early childhood educators, and support quality

enhancements that can position service providers to

participate in other public funding streams, such as Preschool

for All, in order to further enhance and expand quality

service delivery.

(c) Subject to appropriation, the Department of Human

Services shall implement the Smart Start Child Care Workforce

Compensation Program for eligible licensed day care centers,

licensed day care homes, and licensed group day care homes by

October 1, 2024, or as soon as practicable, following

completion of a planning and transition year. By October 1,

2025, or as soon as practicable, and for each year thereafter,

subject to appropriation, the Department of Human Services

shall continue to operate the Smart Start Child Care Workforce

Compensation Program annually with all licensed day care

centers, and licensed day care homes, and licensed group day

care homes that meet eligibility requirements. The Smart Start

Child Care Workforce Compensation Program shall operate

separately from and shall not supplant the Child Care

Assistance Program as provided for in Section 9A-11 of the

Illinois Public Aid Code.

(d) The Department of Human Services shall adopt

administrative rules by October 1, 2024, to facilitate

administration of the Smart Start Child Care Workforce

Compensation Program, including, but not limited to,

provisions for program eligibility, the application and

funding calculation process, eligible expenses, required wage

floors, and requirements for financial and personnel reporting

and monitoring requirements. Eligibility and funding

provisions shall be based on appropriation and a current model

of the cost to provide child care services by a licensed child

care center or licensed family child care home.

(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)

Section 467. The Community Mental Health Act is amended by

changing Section 3e as follows:

(405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)

Sec. 3e. Board's powers and duties.

(1) Every community mental health board shall, within 30

days after members are first appointed and within 30 days

after members are appointed or reappointed upon the expiration

of a member's term, meet and organize, by the election of one

of its number as president and one as secretary and such other

officers as it may deem necessary. It shall make rules and

regulations concerning the rendition or operation of services

and facilities which it directs, supervises or funds, not

inconsistent with the provisions of this Act. It shall:

(a) Hold a meeting prior to July 1 of each year at

which officers shall be elected for the ensuing year

beginning July 1;

(b) Hold meetings at least quarterly;

(c) Hold special meetings upon a written request

signed by at least 2 members and filed with the secretary;

(d) Review and evaluate community mental health

services and facilities, including services and facilities

for the treatment of alcoholism, drug addiction,

developmental disabilities, and intellectual

disabilities;

(e) Authorize the disbursement of money from the

community mental health fund for payment for the ordinary

and contingent expenses of the board;

(f) Submit to the appointing officer and the members

of the governing body a written plan for a program of

community mental health services and facilities for

persons with a mental illness, a developmental disability,

or a substance use disorder. Such plan shall be for the

ensuing 12 month period. In addition, a plan shall be

developed for the ensuing 3 year period and such plan

shall be reviewed at the end of every 12 month period and

shall be modified as deemed advisable; .

(g) Within amounts appropriated therefor, execute such

programs and maintain such services and facilities as may

be authorized under such appropriations, including amounts

appropriated under bond issues, if any;

(h) Publish the annual budget and report within 120

days after the end of the fiscal year in a newspaper

distributed within the jurisdiction of the board, or, if

no newspaper is published within the jurisdiction of the

board, then one published in the county, or, if no

newspaper is published in the county, then in a newspaper

having general circulation within the jurisdiction of the

board. The report shall show the condition of its trust of

that year, the sums of money received from all sources,

giving the name of any donor, how all monies have been

expended and for what purpose, and such other statistics

and program information in regard to the work of the board

as it may deem of general interest. A copy of the budget

and the annual report shall be made available to the

Department of Human Services and to members of the General

Assembly whose districts include any part of the

jurisdiction of such board. The names of all employees,

consultants, and other personnel shall be set forth along

with the amounts of money received;

(i) Consult with other appropriate private and public

agencies in the development of local plans for the most

efficient delivery of mental health, developmental

disabilities, and substance use disorder services. The

Board is authorized to join and to participate in the

activities of associations organized for the purpose of

promoting more efficient and effective services and

programs;

(j) Have the authority to review and comment on all

applications for grants by any person, corporation, or

governmental unit providing services within the

geographical area of the board which provides mental

health facilities and services, including services for the

person with a mental illness, a developmental disability,

or a substance use disorder. The board may require funding

applicants to send a copy of their funding application to

the board at the time such application is submitted to the

Department of Human Services or to any other local, State

or federal funding source or governmental agency. Within

60 days of the receipt of any application, the board shall

submit its review and comments to the Department of Human

Services or to any other appropriate local, State or

federal funding source or governmental agency. A copy of

the review and comments shall be submitted to the funding

applicant. Within 60 days thereafter, the Department of

Human Services or any other appropriate local or State

governmental agency shall issue a written response to the

board and the funding applicant. The Department of Human

Services shall supply any community mental health board

such information about purchase-of-care funds, State

facility utilization, and costs in its geographical area

as the board may request provided that the information

requested is for the purpose of the Community Mental

Health Board complying with the requirements of Section

3f, subsection (f) of this Act;

(k) Perform such other acts as may be necessary or

proper to carry out the purposes of this Act.

(2) The community mental health board has the following

powers:

(a) The board may enter into multiple-year contracts

for rendition or operation of services, facilities and

educational programs.

(b) The board may arrange through intergovernmental

agreements or intragovernmental agreements or both for the

rendition of services and operation of facilities by other

agencies or departments of the governmental unit or county

in which the governmental unit is located with the

approval of the governing body.

(c) To employ, establish compensation for, and set

policies for its personnel, including legal counsel, as

may be necessary to carry out the purposes of this Act and

prescribe the duties thereof. The board may enter into

multiple-year employment contracts as may be necessary for

the recruitment and retention of personnel and the proper

functioning of the board.

(d) The board may enter into multiple-year joint

agreements, which shall be written, with other mental

health boards and boards of health to provide jointly

agreed upon community mental health facilities and

services and to pool such funds as may be deemed necessary

and available for this purpose.

(e) The board may organize a not-for-profit

corporation for the purpose of providing direct recipient

services. Such corporations shall have, in addition to all

other lawful powers, the power to contract with persons to

furnish services for recipients of the corporation's

facilities, including psychiatrists and other physicians

licensed in this State to practice medicine in all of its

branches. Such physicians shall be considered independent

contractors, and liability for any malpractice shall not

extend to such corporation, nor to the community mental

health board, except for gross negligence in entering into

such a contract.

(f) The board shall not operate any direct recipient

services for more than a 2-year period when such services

are being provided in the governmental unit, but shall

encourage, by financial support, the development of

private agencies to deliver such needed services, pursuant

to regulations of the board.

(g) Where there are multiple boards within the same

planning area, as established by the Department of Human

Services, services may be purchased through a single

delivery system. In such areas, a coordinating body with

representation from each board shall be established to

carry out the service functions of this Act. In the event

any such coordinating body purchases or improves real

property, such body shall first obtain the approval of the

governing bodies of the governmental units in which the

coordinating body is located.

(h) The board may enter into multiple-year joint

agreements with other governmental units located within

the geographical area of the board. Such agreements shall

be written and shall provide for the rendition of services

by the board to the residents of such governmental units.

(i) The board may enter into multiple-year joint

agreements with federal, State, and local governments,

including the Department of Human Services, whereby the

board will provide certain services. All such joint

agreements must provide for the exchange of relevant data.

However, nothing in this Act shall be construed to permit

the abridgement of the confidentiality of patient records.

(j) The board may receive gifts from private sources

for purposes not inconsistent with the provisions of this

Act.

(k) The board may receive federal Federal, State, and

local funds for purposes not inconsistent with the

provisions of this Act.

(l) The board may establish scholarship programs. Such

programs shall require equivalent service or reimbursement

pursuant to regulations of the board.

(m) The board may sell, rent, or lease real property

for purposes consistent with this Act.

(n) The board may: (i) own real property, lease real

property as lessee, or acquire real property by purchase,

construction, lease-purchase agreement, or otherwise; (ii)

take title to the property in the board's name; (iii)

borrow money and issue debt instruments, mortgages,

purchase-money mortgages, and other security instruments

with respect to the property; and (iv) maintain, repair,

remodel, or improve the property. All of these activities

must be for purposes consistent with this Act as may be

reasonably necessary for the housing and proper

functioning of the board. The board may use moneys in the

Community Mental Health Fund for these purposes.

(o) The board may organize a not-for-profit

corporation (i) for the purpose of raising money to be

distributed by the board for providing community mental

health services and facilities for the treatment of

alcoholism, drug addiction, developmental disabilities,

and intellectual disabilities or (ii) for other purposes

not inconsistent with this Act.

(p) The board may fix a fiscal year for the board.

(q) The board has the responsibility to set, maintain,

and implement the budget.

Every board shall be subject to the requirements under the

Freedom of Information Act and the Open Meetings Act.

(Source: P.A. 103-274, eff. 1-1-24; revised 1-20-24.)

Section 470. The Lead Poisoning Prevention Act is amended

by changing Section 8.1 as follows:

(410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)

Sec. 8.1. Licensing of lead inspectors and lead risk

assessors.

(a) The Department shall establish standards and licensing

procedures for lead inspectors and lead risk assessors. An

integral element of these procedures shall be an education and

training program prescribed by the Department, which shall

include, but not be limited to, scientific sampling,

chemistry, and construction techniques. No person shall make

inspections or risk assessments without first being licensed

by the Department. The penalty for inspection or risk

assessment without a license shall be a Class A misdemeanor

and an administrative fine.

(b) The Department shall charge licensed lead inspectors

and lead risk assessors reasonable license fees and the fees

shall be placed in the Lead Poisoning Screening, Prevention,

and Abatement Fund and used to fund the Department's licensing

of lead inspectors and lead risk assessors and any other

activities prescribed by this Act. A licensed lead inspector

or lead risk assessor employed by the Department or its

delegate agency shall not be charged a license fee.

(c) The Department, upon notification by the Illinois

Workers' Compensation Commission or the Department of

Insurance, shall refuse the issuance or renewal of a license

to, or suspend or revoke the license of, any individual,

corporation, partnership, or other business entity that has

been found by the Illinois Workers' Compensation Commission or

the Department of Insurance to have failed:

(1) to secure workers' compensation obligations in the

manner required by subsections (a) and (b) of Section 4 of

the Workers' Compensation Act;

(2) to pay in full a fine or penalty imposed by the

Illinois Workers' Compensation Commission or the

Department of Insurance due to a failure to secure

workers' compensation obligations in the manner required

by subsections (a) and (b) of Section 4 of the Workers'

Compensation Act; or

(3) to fulfill all obligations assumed pursuant to any

settlement reached with the Illinois Workers' Compensation

Commission or the Department of Insurance due to a failure

to secure workers' compensation obligations in the manner

required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act.

A complaint filed with the Department by the Illinois

Workers' Compensation Commission or the Department of

Insurance that includes a certification, signed by its

Director or Chairman or designee, attesting to a finding of

the failure to secure workers' compensation obligations in the

manner required by subsections (a) and (b) of Section 4 of the

Workers' Compensation Act or the failure to pay any fines or

penalties or to discharge any obligation under a settlement

relating to the failure to secure workers' compensation

obligations in the manner required by subsections (a) and (b)

of Section 4 of the Workers' Compensation Act is prima facie

evidence of the licensee's or applicant's failure to comply

with subsections (a) and (b) of Section 4 of the Workers'

Compensation Act. Upon receipt of that certification, the

Department shall, without a hearing, immediately suspend all

licenses held by the licensee or the processing of any

application from the applicant. Enforcement of the

Department's order shall be stayed for 60 days. The Department

shall provide notice of the suspension to the licensee by

mailing a copy of the Department's order to the licensee's or

applicant's address of record or emailing a copy of the order

to the licensee's or applicant's email address of record. The

notice shall advise the licensee or applicant that the

suspension shall be effective 60 days after the issuance of

the order unless the Department receives, from the licensee or

applicant, a request for a hearing before the Department to

dispute the matters contained in the order.

Upon receiving notice from the Illinois Workers'

Compensation Commission or the Department of Insurance that

the violation has been corrected or otherwise resolved, the

Department shall vacate the order suspending a licensee's

license or the processing of an applicant's application.

No license shall be suspended or revoked until after the

licensee is afforded any due process protection guaranteed by

statute or rule adopted by the Illinois Workers' Compensation

Commission or the Department of Insurance.

(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)

Section 475. The Smoke Free Illinois Act is amended by

changing Section 35 as follows:

(410 ILCS 82/35)

Sec. 35. Exemptions. Notwithstanding any other provision

of this Act, smoking is allowed in the following areas:

(1) Private residences or dwelling places, except when

used as a child care, adult day care, or healthcare

facility or any other home-based business open to the

public.

(2) Retail tobacco stores as defined in Section 10 of

this Act in operation prior to January 1, 2008 (the

effective date of Public Act 95-17) this amendatory Act of

the 95th General Assembly. The retail tobacco store shall

annually file with the Department by January 31st an

affidavit stating the percentage of its gross income

during the prior calendar year that was derived from the

sale of loose tobacco, plants, or herbs and cigars,

cigarettes, pipes, or other smoking devices for smoking

tobacco and related smoking accessories. Any retail

tobacco store that begins operation after January 1, 2008

(the effective date of Public Act 95-17) this amendatory

Act may only qualify for an exemption if located in a

freestanding structure occupied solely by the business and

smoke from the business does not migrate into an enclosed

area where smoking is prohibited. A retail tobacco store

that derives at least 80% of its gross revenue from the

sale of electronic cigarettes and electronic cigarette

equipment and accessories in operation before January 1,

2024 (the effective date of Public Act 103-272) this

amendatory Act of the 103rd General Assembly qualifies for

this exemption for electronic cigarettes only. A retail

tobacco store claiming an exemption for electronic

cigarettes shall annually file with the Department by

January 31 an affidavit stating the percentage of its

gross income during the prior calendar year that was

derived from the sale of electronic cigarettes. A retail

tobacco store may, with authorization or permission from a

unit of local government, including a home rule unit, or

any non-home rule county within the unincorporated

territory of the county, allow the on-premises consumption

of cannabis in a specially designated areas.

(3) (Blank).

(4) Hotel and motel sleeping rooms that are rented to

guests and are designated as smoking rooms, provided that

all smoking rooms on the same floor must be contiguous and

smoke from these rooms must not infiltrate into nonsmoking

rooms or other areas where smoking is prohibited. Not more

than 25% of the rooms rented to guests in a hotel or motel

may be designated as rooms where smoking is allowed. The

status of rooms as smoking or nonsmoking may not be

changed, except to permanently add additional nonsmoking

rooms.

(5) Enclosed laboratories that are excluded from the

definition of "place of employment" in Section 10 of this

Act. Rulemaking authority to implement Public Act 95-1029

this amendatory Act of the 95th General Assembly, if any,

is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative

Procedure Act and all rules and procedures of the Joint

Committee on Administrative Rules; any purported rule not

so adopted, for whatever reason, is unauthorized.

(6) Common smoking rooms in long-term care facilities

operated under the authority of the Illinois Department of

Veterans' Affairs or licensed under the Nursing Home Care

Act that are accessible only to residents who are smokers

and have requested in writing to have access to the common

smoking room where smoking is permitted and the smoke

shall not infiltrate other areas of the long-term care

facility. Rulemaking authority to implement Public Act

95-1029 this amendatory Act of the 95th General Assembly,

if any, is conditioned on the rules being adopted in

accordance with all provisions of the Illinois

Administrative Procedure Act and all rules and procedures

of the Joint Committee on Administrative Rules; any

purported rule not so adopted, for whatever reason, is

unauthorized.

(7) A convention hall of the Donald E. Stephens

Convention Center where a meeting or trade show for

manufacturers and suppliers of tobacco and tobacco

products and accessories is being held, during the time

the meeting or trade show is occurring, if the meeting or

trade show:

(i) is a trade-only event and not open to the

public;

(ii) is limited to attendees and exhibitors that

are 21 years of age or older;

(iii) is being produced or organized by a business

relating to tobacco or a professional association for

convenience stores; and

(iv) involves the display of tobacco products.

Smoking is not allowed in any public area outside of

the hall designated for the meeting or trade show.

This paragraph (7) is inoperative on and after October

1, 2015.

(8) A dispensing organization, as defined in the

Cannabis Regulation and Tax Act, authorized or permitted

by a unit local government to allow on-site consumption of

cannabis, if the establishment: (1) maintains a specially

designated area or areas for the purpose of heating,

burning, smoking, or lighting cannabis; (2) is limited to

individuals 21 or older; and (3) maintains a locked door

or barrier to any specially designated areas for the

purpose of heating, burning, smoking or lighting cannabis.

(Source: P.A. 103-272, eff. 1-1-24; revised 1-2-24.)

Section 480. The Health Care Professional Credentials Data

Collection Act is amended by changing Section 5 as follows:

(410 ILCS 517/5)

Sec. 5. Definitions. As used in this Act:

"Credentials data" means those data, information, or

answers to questions required by a health care entity, health

care plan, or hospital to complete the credentialing or

recredentialing of a health care professional.

"Credentialing" means the process of assessing and

validating the qualifications of a health care professional.

"Department" means the Department of Public Health.

"Director" means the Director of the Department of Public

Health.

"Health care entity" means any of the following which

require the submission of credentials data: (i) a health care

facility or other health care organization licensed or

certified to provide medical or health services in Illinois,

other than a hospital; (ii) a health care professional

partnership, corporation, limited liability company,

professional services corporation or group practice; or (iii)

an independent practice association or physician hospital

organization. Nothing in this definition shall be construed to

mean that a hospital is a health care entity.

"Health care plan" means any entity licensed by the

Department of Insurance as a prepaid health care plan or

health maintenance organization or as an insurer which

requires the submission of credentials data.

"Health care professional" means any person licensed under

the Medical Practice Act of 1987 or any person licensed under

any other Act subsequently made subject to this Act by the

Department.

"Hospital" means a hospital licensed under the Hospital

Licensing Act or any hospital organized under the University

of Illinois Hospital Act.

"Recredentialing" means a process undertaken for a period

not to exceed 3 years by which a health care entity, health

care plan, or hospital ensures that a health care professional

who is currently credentialed by the health care entity,

health care plan, or hospital continues to meet the

credentialing criteria used by the health care entity, health

care plan, or hospital 3.

"Single credentialing cycle" means a process undertaken

for a period not to exceed 3 years whereby for purposes of

recredentialing each health care professional's credentials

data are collected by all health care entities and health care

plans that credential the health care professional during the

same time period 3.

"Site survey" means a process by which a health care

entity or health care plan assesses the office locations and

medical record keeping practices of a health care

professional.

"Single site survey" means a process by which, for

purposes of recredentialing, each health care professional

receives a site visit only once every two years.

"Uniform health care credentials form" means the form

prescribed by the Department under Section 15 to collect the

credentials data commonly requested by health care entities

and health care plans for purposes of credentialing.

"Uniform health care recredentials form" means the form

prescribed by the Department under Section 15 to collect the

credentials data commonly requested by health care entities

and health care plans for purposes of recredentialing.

"Uniform hospital credentials form" means the form

prescribed by the Department under Section 15 to collect the

credentials data commonly requested by hospitals for purposes

of credentialing.

"Uniform hospital recredentials form" means the form

prescribed by the Department under Section 15 to collect the

credentials data commonly requested by hospitals for purposes

of recredentialing.

"Uniform site survey instrument" means the instrument

developed by the Department under Section 25 to complete a

single site survey as part of a credentialing or

recredentialing process.

"Uniform updating form" means the standardized form

prescribed by the Department for reporting of corrections,

updates, and modifications to credentials data to health care

entities, health care plans, and hospitals when those data

change following credentialing or recredentialing of a health

care professional.

(Source: P.A. 103-96, eff. 1-1-24; 103-436, eff. 8-4-23;

revised 12-15-23.)

Section 485. The Vital Records Act is amended by changing

Section 25 and by setting forth and renumbering multiple

versions of Section 25.6 as follows:

(410 ILCS 535/25)

Sec. 25. In accordance with Section 24 of this Act, and the

regulations adopted pursuant thereto:

(1) The State Registrar of Vital Records shall search

the files of birth, death, and fetal death records, upon

receipt of a written request and a fee of $10 from any

applicant entitled to such search. A search fee shall not

be required for commemorative birth certificates issued by

the State Registrar. A search fee shall not be required

for a birth record search from a person (1) upon release on

parole, mandatory supervised release, final discharge, or

pardon from the Department of Corrections if the person

presents a prescribed verification form completed by the

Department of Corrections verifying the person's date of

birth and social security number, or (2) placed on

aftercare release under the Juvenile Court Act of 1987,

upon release on parole, mandatory supervised release,

final discharge, or pardon from the Department of Juvenile

Justice if the person presents a prescribed verification

form completed by the Department of Juvenile Justice

verifying the person's date of birth and social security

number; however, the person is entitled to only one search

fee waiver. If, upon search, the record requested is

found, the State Registrar shall furnish the applicant one

certification of such record, under the seal of such

office. If the request is for a certified copy of the

record, an additional fee of $5 shall be required. An

additional fee for a certified copy of the record shall

not be required from a person (1) upon release on parole,

mandatory supervised release, final discharge, or pardon

from the Department of Corrections if the person presents

a prescribed verification form completed by the Department

of Corrections verifying the released person's date of

birth and social security number, or (2) placed on

aftercare release under the Juvenile Court Act of 1987,

upon release on parole, mandatory supervised release,

final discharge, or pardon from the Department of Juvenile

Justice if the person presents a prescribed verification

form completed by the Department of Juvenile Justice

verifying the person's date of birth and social security

number; however, the person is entitled to only one

certified copy fee waiver. If the request is for a

certified copy of a death certificate or a fetal death

certificate, an additional fee of $2 is required. The

additional fee shall be deposited into the Death

Certificate Surcharge Fund. A further fee of $2 shall be

required for each additional certification or certified

copy requested. If the requested record is not found, the

State Registrar shall furnish the applicant a

certification attesting to that fact, if so requested by

the applicant. A further fee of $2 shall be required for

each additional certification that no record has been

found.

Any local registrar or county clerk shall search the

files of birth, death, and fetal death records, upon

receipt of a written request from any applicant entitled

to such search. If upon search the record requested is

found, such local registrar or county clerk shall furnish

the applicant one certification or certified copy of such

record, under the seal of such office, upon payment of the

applicable fees. If the requested record is not found, the

local registrar or county clerk shall furnish the

applicant a certification attesting to that fact, if so

requested by the applicant and upon payment of applicable

fee. The local registrar or county clerk must charge a $2

fee for each certified copy of a death certificate. The

fee is in addition to any other fees that are charged by

the local registrar or county clerk. The additional fees

must be transmitted to the State Registrar monthly and

deposited into the Death Certificate Surcharge Fund. The

local registrar or county clerk may charge fees for

providing other services for which the State Registrar may

charge fees under this Section.

Upon receipt of a written request from an applicant

entitled to such a search, a local registrar or county

clerk shall search available files for the death

certificate of an active duty service member or honorably

discharged veteran of the United States military. If the

death certificate requested by the applicant is found, the

local registrar or county clerk shall furnish the

applicant with one certified copy of the death

certificate, under the seal of the local registrar's or

county clerk's office, at no cost to the applicant. If the

requested death certificate of the service member or

honorably discharged veteran is not found, the local

registrar or county clerk shall furnish the applicant, at

no cost, with certification attesting to that fact if so

requested by the applicant. A local registrar or county

clerk shall not require a fee from the applicant of more

than $6 for any subsequent copy of the service member's or

honorably discharged veteran's death certificate or

certification attesting that the death certificate of the

service member or honorably discharged veteran was not

found.

A request to any custodian of vital records for a

search of the death record indexes for genealogical

research shall require a fee of $10 per name for a 5-year 5

year search. An additional fee of $1 for each additional

year searched shall be required. If the requested record

is found, one uncertified copy shall be issued without

additional charge.

Any fee received by the State Registrar pursuant to

this Section which is of an insufficient amount may be

returned by the State Registrar upon his recording the

receipt of such fee and the reason for its return. The

State Registrar is authorized to maintain a 2-signature 2

signature, revolving checking account with a suitable

commercial bank for the purpose of depositing and

withdrawing-for-return cash received and determined

insufficient for the service requested.

No fee imposed under this Section may be assessed

against an organization chartered by Congress that

requests a certificate for the purpose of death

verification.

No fee imposed under this Section may be assessed

against a victim of domestic violence as defined in the

Illinois Domestic Violence Act of 1986. To qualify for the

waiver of a fee, the person seeking the vital record must

provide a certification letter as described in Section

25.6.

Any custodian of vital records, whether it may be the

Department of Public Health, a local registrar, or a

county clerk shall charge an additional $2 for each

certified copy of a death certificate and that additional

fee shall be collected on behalf of the Department of

Financial and Professional Regulation for deposit into the

Cemetery Oversight Licensing and Disciplinary Fund.

As used in this paragraph, "veteran" means an

individual who served in the Armed Forces of the United

States, National Guard, or the reserves of the Armed

Forces of the United States.

(2) The certification of birth may contain only the

name, sex, date of birth, and place of birth, of the person

to whom it relates, the name, age and birthplace of the

parents, and the file number; and none of the other data on

the certificate of birth except as authorized under

subsection (5) of this Section.

(3) The certification of death shall contain only the

name, Social Security Number, sex, date of death, and

place of death of the person to whom it relates, and file

number; and none of the other data on the certificate of

death except as authorized under subsection (5) of this

Section.

(4) Certification or a certified copy of a certificate

shall be issued:

(a) Upon the order of a court of competent

jurisdiction; or

(b) In case of a birth certificate, upon the

specific written request for a certification or

certified copy by the person, if of legal age, by a

parent or other legal representative of the person to

whom the record of birth relates, or by a person having

a genealogical interest; or

(c) Upon the specific written request for a

certification or certified copy by a department of the

State state or a municipal corporation or the federal

government; or

(c-1) Upon the specific written request for a

certification or certified copy by a State's Attorney

for the purpose of a criminal prosecution; or

(d) In case of a death or fetal death certificate,

upon specific written request for a certified copy by

a person, or his duly authorized agent, having a

genealogical, personal, or property right interest in

the record.

A genealogical interest shall be a proper purpose with

respect to births which occurred not less than 75 years

and deaths which occurred not less than 20 years prior to

the date of written request. Where the purpose of the

request is a genealogical interest, the custodian shall

stamp the certification or copy with the words, FOR

GENEALOGICAL PURPOSES ONLY.

(5) Any certification or certified copy issued

pursuant to this Section shall show the date of

registration; and copies issued from records marked

"delayed," "amended," or "court order" shall be similarly

marked and show the effective date.

(6) Any certification or certified copy of a

certificate issued in accordance with this Section shall

be considered as prima facie evidence of the facts therein

stated, provided that the evidentiary value of a

certificate or record filed more than one year after the

event, or a record which has been amended, shall be

determined by the judicial or administrative body or

official before whom the certificate is offered as

evidence.

(7) Any certification or certified copy issued

pursuant to this Section shall be issued without charge

when the record is required by the United States

Department of Veterans Affairs Veterans Administration or

by any accredited veterans organization to be used in

determining the eligibility of any person to participate

in benefits available from such organization. Requests for

such copies must be in accordance with Sections 1 and 2 of

Records for Veterans Administration Act "An Act to provide

for the furnishing of copies of public documents to

interested parties," approved May 17, 1935, as now or

hereafter amended.

(8) The National Vital Statistics Division, or any

agency which may be substituted therefor, may be furnished

such copies or data as it may require for national

statistics; provided that the State shall be reimbursed

for the cost of furnishing such data; and provided further

that such data shall not be used for other than

statistical purposes by the National Vital Statistics

Division, or any agency which may be substituted therefor,

unless so authorized by the State Registrar of Vital

Records.

(9) Federal, State, local, and other public or private

agencies may, upon request, be furnished copies or data

for statistical purposes upon such terms or conditions as

may be prescribed by the Department.

(10) The State Registrar of Vital Records, at his

discretion and in the interest of promoting registration

of births, may issue, without fee, to the parents or

guardian of any or every child whose birth has been

registered in accordance with the provisions of this Act,

a special notice of registration of birth.

(11) No person shall prepare or issue any certificate

which purports to be an original, certified copy, or

certification of a certificate of birth, death, or fetal

death, except as authorized in this Act or regulations

adopted hereunder.

(12) A computer print-out of any record of birth,

death, or fetal record that may be certified under this

Section may be used in place of such certification and

such computer print-out shall have the same legal force

and effect as a certified copy of the document.

(13) The State Registrar may verify from the

information contained in the index maintained by the State

Registrar the authenticity of information on births,

deaths, marriages, and dissolution of marriages provided

to a federal agency or a public agency of another state by

a person seeking benefits or employment from the agency,

provided the agency pays a fee of $10.

(14) The State Registrar may issue commemorative birth

certificates to persons eligible to receive birth

certificates under this Section upon the payment of a fee

to be determined by the State Registrar.

(Source: P.A. 102-739, eff. 1-1-23; 103-95, eff. 6-9-23;

103-170, eff. 1-1-24; revised 9-1-23.)

(410 ILCS 535/25.6)

Sec. 25.6. Fee waiver; persons who reside in a shelter for

domestic violence.

(a) The applicable fees under Section 17 of this Act for a

new certificate of birth and Section 25 of this Act for a

search of a birth record or a certified copy of a birth record

shall be waived for all requests by a person who resides in a

shelter for domestic violence. The State Registrar of Vital

Records shall establish standards and procedures consistent

with this Section for waiver of the applicable fees. A person

described under this Section must not be charged for

verification under this Section. A person who knowingly or

purposefully falsifies this verification is subject to a

penalty of $100.

(b) A person who resides in a shelter for domestic

violence shall be provided no more than 4 birth records

annually under this Section.

(Source: P.A. 102-1141, eff. 7-1-23.)

(410 ILCS 535/25.7)

Sec. 25.7 25.6. Certification letter form. In order to

seek a waiver of the fee for a copy of a vital record, the

person seeking the record must provide the following

certification letter:

Certification Letter for Domestic Violence Waiver for Illinois

Vital Records

Full Name of Applicant:...............................

Date of Birth:........................................

I,........................, certify, to the best of my

knowledge and belief, that on the date listed below, the above

named individual is a victim or child of a victim of domestic

violence, as defined by Section 103 of the Illinois Domestic

Violence Act of 1986 (750 ILCS 60/103), who is currently

fleeing a dangerous living situation. I provide this

certification in my capacity as (check one below):

( ) an advocate at a family violence center who

assisted the victim;

( ) a licensed medical care or mental health provider;

( ) the director of an emergency shelter or

transitional housing; or

( ) the director of a transitional living program.

Signature:................. Date:........................

Title:..................... Employer:....................

Email:..................... Phone:.......................

Address:................... City:........................

State:..................... Zip:.........................

(Source: P.A. 103-170, eff. 1-1-24; revised 1-2-24.)

Section 490. The Sanitary Food Preparation Act is amended

by changing Section 8 as follows:

(410 ILCS 650/8) (from Ch. 56 1/2, par. 74)

Sec. 8. No operative, employee, or other person persons

shall expectorate on the food, or on the utensils, or on the

floors or sidewalls of any building, room, basement, or cellar

where the production, preparation, manufacture, packing,

storing, or sale of any such food is conducted. Operatives,

employees, clerks, and all other persons who handle the

material from which such food is prepared or the finished

product, before beginning work, or after visiting toilet or

toilets, shall wash their hands thoroughly in clean water.

Whoever fails to observe or violates the provisions of this

Section shall be guilty of a petty offense and fined not more

than $25.

(Source: P.A. 103-154, eff. 6-30-23; revised 9-25-23.)

Section 495. The Cannabis Regulation and Tax Act is

amended by changing Sections 15-150 and 15-170 as follows:

(410 ILCS 705/15-150)

Sec. 15-150. Temporary suspension.

(a) The Secretary of Financial and Professional Regulation

may temporarily suspend a dispensing organization license or

an agent registration without a hearing if the Secretary finds

that public safety or welfare requires emergency action. The

Secretary shall cause the temporary suspension by issuing a

suspension notice in connection with the institution of

proceedings for a hearing.

(b) If the Secretary temporarily suspends a license or

agent registration without a hearing, the licensee or agent is

entitled to a hearing within 45 days after the suspension

notice has been issued. The hearing shall be limited to the

issues cited in the suspension notice, unless all parties

agree otherwise.

(c) If the Department does not hold a hearing within with

45 days after the date the suspension notice was issued, then

the suspended license or registration shall be automatically

reinstated and the suspension vacated.

(d) The suspended licensee or agent may seek a continuance

of the hearing date, during which time the suspension remains

in effect and the license or registration shall not be

automatically reinstated.

(e) Subsequently discovered causes of action by the

Department after the issuance of the suspension notice may be

filed as a separate notice of violation. The Department is not

precluded from filing a separate action against the suspended

licensee or agent.

(Source: P.A. 101-27, eff. 6-25-19; revised 4-6-23.)

(410 ILCS 705/15-170)

Sec. 15-170. Hearing; motion for rehearing.

(a) The hearing officer shall hear evidence in support of

the formal charges and evidence produced by the licensee. At

the conclusion of the hearing, the hearing officer shall

present to the Secretary a written report of his or her

findings of fact, conclusions of law, and recommendations.

(b) At the conclusion of the hearing, a copy of the hearing

officer's report shall be served upon the applicant or

licensee by the Department, either personally or as provided

in this Act for the service of a notice of hearing. Within 20

calendar days after service, the applicant or licensee may

present to the Department a motion in writing for rehearing,

which shall specify the particular grounds for rehearing. The

Department may respond to the motion for rehearing within 20

calendar days after its service on the Department. If no

motion for rehearing is filed, then, upon the expiration of

the time specified for filing such motion or upon denial of a

motion for rehearing, the Secretary may enter an order in

accordance with the recommendation of the hearing officer. If

the applicant or licensee orders from the reporting service

and pays for a transcript of the record within the time for

filing a motion for rehearing, the 20-day period within which

a motion may be filed shall commence upon the delivery of the

transcript to the applicant or licensee.

(c) If the Secretary disagrees in any regard with the

report of the hearing officer, the Secretary may issue an

order contrary to the report.

(d) Whenever the Secretary is not satisfied that

substantial justice has been done, the Secretary may order a

rehearing by the same or another hearing officer.

(e) At any point in any investigation or disciplinary

proceeding under in this Article, both parties may agree to a

negotiated consent order. The consent order shall be final

upon signature of the Secretary.

(Source: P.A. 101-27, eff. 6-25-19; revised 4-6-23.)

Section 500. The Environmental Protection Act is amended

by changing Sections 17.12, 22.15, 31, 58.5, 58.6, and 58.7 as

follows:

(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 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).

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 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), 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), 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), 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

building's 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 must, in

addition, be electronically mailed where an electronic mailing

address is known or can be reasonably obtained. 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 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 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.

(pp) Beginning in 2023, each municipality with a

population of more than 1,000,000 inhabitants shall publicly

post on its website data describing progress the municipality

has made toward replacing lead service lines within the

municipality. The data required to be posted under this

subsection shall be the same information required to be

reported under paragraphs (1) through (4) of subsection (t-5)

of this Section. Beginning in 2024, each municipality that is

subject to this subsection shall annually update the data

posted on its website under this subsection. A municipality's

duty to post data under this subsection terminates only when

all lead service lines within the municipality have been

replaced. Nothing in this subsection (pp) shall be construed

to replace, undermine, conflict with, or otherwise amend the

responsibilities and requirements set forth in subsection

(t-5) of this Section.

(Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22;

103-167, eff. 6-30-23; revised 9-20-23.)

(415 ILCS 5/22.15)

Sec. 22.15. Solid Waste Management Fund; fees.

(a) There is hereby created within the State Treasury a

special fund to be known as the Solid Waste Management Fund, to

be constituted from the fees collected by the State pursuant

to this Section, from repayments of loans made from the Fund

for solid waste projects, from registration fees collected

pursuant to the Consumer Electronics Recycling Act, from fees

collected under the Paint Stewardship 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 2024, 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, for administration of the Paint

Stewardship Act, and for the administration of the Consumer

Electronics Recycling Act, the Drug Take-Back Act, and the

Statewide Recycling Needs Assessment Act.

(f) The Agency is authorized to enter into such agreements

and to promulgate such rules as are necessary to carry out its

duties under this Section and the Illinois Solid Waste

Management Act.

(g) On the first day of January, April, July, and October

of each year, beginning on July 1, 1996, the State Comptroller

and Treasurer shall transfer $500,000 from the Solid Waste

Management Fund to the Hazardous Waste Fund. Moneys

transferred under this subsection (g) shall be used only for

the purposes set forth in item (1) of subsection (d) of Section

22.2.

(h) The Agency is authorized to provide financial

assistance to units of local government for the performance of

inspecting, investigating, and enforcement activities pursuant

to subsection (r) of Section 4 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. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;

102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.

5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,

eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;

revised 12-15-23.)

(415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)

Sec. 31. Notice; complaint; hearing.

(a)(1) Within 180 days after becoming aware of an alleged

violation of this the Act, any rule adopted under this the Act,

a permit granted by the Agency, or a condition of such a

permit, the Agency shall issue and serve, by certified mail,

upon the person complained against a written notice informing

that person that the Agency has evidence of the alleged

violation. At a minimum, the written notice shall contain:

(A) a notification to the person complained against of

the requirement to submit a written response addressing

the violations alleged and the option to meet with

appropriate agency personnel to resolve any alleged

violations that could lead to the filing of a formal

complaint;

(B) a detailed explanation by the Agency of the

violations alleged;

(C) an explanation by the Agency of the actions that

the Agency believes may resolve the alleged violations,

including an estimate of a reasonable time period for the

person complained against to complete the suggested

resolution; and

(D) an explanation of any alleged violation that the

Agency believes cannot be resolved without the involvement

of the Office of the Illinois Attorney General or the

State's Attorney of the county in which the alleged

violation occurred and the basis for the Agency's belief.

(2) A written response to the violations alleged shall be

submitted to the Agency, by certified mail, within 45 days

after receipt of notice by the person complained against, or

within an extended time period as agreed to by the Agency and

person complained against. The written response shall include:

(A) information in rebuttal, explanation, or

justification of each alleged violation;

(B) if the person complained against desires to enter

into a Compliance Commitment Agreement, proposed terms for

a Compliance Commitment Agreement that includes specified

times for achieving each commitment and which may consist

of a statement indicating that the person complained

against believes that compliance has been achieved; and

(C) a request for a meeting with appropriate Agency

personnel if a meeting is desired by the person complained

against.

(3) If the person complained against fails to respond in

accordance with the requirements of subdivision (2) of this

subsection (a), the failure to respond shall be considered a

waiver of the requirements of this subsection (a) and nothing

in this Section shall preclude the Agency from proceeding

pursuant to subsection (b) of this Section.

(4) A meeting requested pursuant to subdivision (2) of

this subsection (a) shall be held without a representative of

the Office of the Illinois Attorney General or the State's

Attorney of the county in which the alleged violation

occurred, within 60 days after receipt of notice by the person

complained against, or within an extended time period as

agreed to by the Agency and person complained against. At the

meeting, the Agency shall provide an opportunity for the

person complained against to respond to each alleged

violation, suggested resolution, and suggested implementation

time frame, and to suggest alternate resolutions.

(5) If a meeting requested pursuant to subdivision (2) of

this subsection (a) is held, the person complained against

shall, within 21 days following the meeting or within an

extended time period as agreed to by the Agency and person

complained against, submit by certified mail to the Agency a

written response to the alleged violations. The written

response shall include:

(A) additional information in rebuttal, explanation,

or justification of each alleged violation;

(B) if the person complained against desires to enter

into a Compliance Commitment Agreement, proposed terms for

a Compliance Commitment Agreement that includes specified

times for achieving each commitment and which may consist

of a statement indicating that the person complained

against believes that compliance has been achieved; and

(C) a statement indicating that, should the person

complained against so wish, the person complained against

chooses to rely upon the initial written response

submitted pursuant to subdivision (2) of this subsection

(a).

(6) If the person complained against fails to respond in

accordance with the requirements of subdivision (5) of this

subsection (a), the failure to respond shall be considered a

waiver of the requirements of this subsection (a) and nothing

in this Section shall preclude the Agency from proceeding

pursuant to subsection (b) of this Section.

(7) Within 30 days after the Agency's receipt of a written

response submitted by the person complained against pursuant

to subdivision (2) of this subsection (a) if a meeting is not

requested or pursuant to subdivision (5) of this subsection

(a) if a meeting is held, or within a later time period as

agreed to by the Agency and the person complained against, the

Agency shall issue and serve, by certified mail, upon the

person complained against (i) a proposed Compliance Commitment

Agreement or (ii) a notice that one or more violations cannot

be resolved without the involvement of the Office of the

Attorney General or the State's Attorney of the county in

which the alleged violation occurred and that no proposed

Compliance Commitment Agreement will be issued by the Agency

for those violations. The Agency shall include terms and

conditions in the proposed Compliance Commitment Agreement

that are, in its discretion, necessary to bring the person

complained against into compliance with the Act, any rule

adopted under the Act, any permit granted by the Agency, or any

condition of such a permit. The Agency shall take into

consideration the proposed terms for the proposed Compliance

Commitment Agreement that were provided under subdivision

(a)(2)(B) or (a)(5)(B) of this Section by the person

complained against.

(7.5) Within 30 days after the receipt of the Agency's

proposed Compliance Commitment Agreement by the person

complained against, or within a later time period not to

exceed an additional 30 days as agreed to by the Agency and the

person complained against, the person shall either (i) agree

to and sign the proposed Compliance Commitment Agreement

provided by the Agency and submit the signed Compliance

Commitment Agreement to the Agency by certified mail or (ii)

notify the Agency in writing by certified mail of the person's

rejection of the proposed Compliance Commitment Agreement. If

the person complained against fails to respond to the proposed

Compliance Commitment Agreement within 30 days as required

under this paragraph, the proposed Compliance Commitment

Agreement is deemed rejected by operation of law. Any

Compliance Commitment Agreement entered into under item (i) of

this paragraph may be amended subsequently in writing by

mutual agreement between the Agency and the signatory to the

Compliance Commitment Agreement, the signatory's legal

representative, or the signatory's agent.

(7.6) No person shall violate the terms or conditions of a

Compliance Commitment Agreement entered into under subdivision

(a)(7.5) of this Section. Successful completion of a

Compliance Commitment Agreement or an amended Compliance

Commitment Agreement shall be a factor to be weighed, in favor

of the person completing the Agreement, by the Office of the

Illinois Attorney General in determining whether to file a

complaint for the violations that were the subject of the

Agreement.

(7.7) Within 30 days after a Compliance Commitment

Agreement takes effect or is amended in accordance with

paragraph (7.5), the Agency shall publish a copy of the final

executed Compliance Commitment Agreement on the Agency's

website. The Agency shall maintain an Internet database of all

Compliance Commitment Agreements entered on or after August

24, 2018 (the effective date of Public Act 100-1080) this

amendatory Act of the 100th General Assembly. At a minimum,

the database shall be searchable by the following categories:

the county in which the facility that is subject to the

Compliance Commitment Agreement is located; the date of final

execution of the Compliance Commitment Agreement; the name of

the respondent; and the media involved, including air, water,

land, or public water supply.

(8) Nothing in this subsection (a) is intended to require

the Agency to enter into Compliance Commitment Agreements for

any alleged violation that the Agency believes cannot be

resolved without the involvement of the Office of the Attorney

General or the State's Attorney of the county in which the

alleged violation occurred, for, among other purposes, the

imposition of statutory penalties.

(9) The Agency's failure to respond within 30 days of

receipt to a written response submitted pursuant to

subdivision (2) of this subsection (a) if a meeting is not

requested or pursuant to subdivision (5) of this subsection

(a) if a meeting is held, or within the time period otherwise

agreed to in writing by the Agency and the person complained

against, shall be deemed an acceptance by the Agency of the

proposed terms of the Compliance Commitment Agreement for the

violations alleged in the written notice issued under

subdivision (1) of this subsection (a) as contained within the

written response.

(10) If the person complained against complies with the

terms of a Compliance Commitment Agreement accepted pursuant

to this subsection (a), the Agency shall not refer the alleged

violations which are the subject of the Compliance Commitment

Agreement to the Office of the Illinois Attorney General or

the State's Attorney of the county in which the alleged

violation occurred. However, nothing in this subsection is

intended to preclude the Agency from continuing negotiations

with the person complained against or from proceeding pursuant

to the provisions of subsection (b) of this Section for

alleged violations that remain the subject of disagreement

between the Agency and the person complained against following

fulfillment of the requirements of this subsection (a).

(11) Nothing in this subsection (a) is intended to

preclude the person complained against from submitting to the

Agency, by certified mail, at any time, notification that the

person complained against consents to waiver of the

requirements of subsections (a) and (b) of this Section.

(12) The Agency shall have the authority to adopt rules

for the administration of this subsection (a) of this Section.

The rules shall be adopted in accordance with the provisions

of the Illinois Administrative Procedure Act.

(b) For alleged violations that remain the subject of

disagreement between the Agency and the person complained

against following fulfillment of the requirements of

subsection (a) of this Section, and for alleged violations of

the terms or conditions of a Compliance Commitment Agreement

entered into under subdivision (a)(7.5) of this Section as

well as the alleged violations that are the subject of the

Compliance Commitment Agreement, and as a precondition to the

Agency's referral or request to the Office of the Illinois

Attorney General or the State's Attorney of the county in

which the alleged violation occurred for legal representation

regarding an alleged violation that may be addressed pursuant

to subsection (c) or (d) of this Section or pursuant to Section

42 of this Act, the Agency shall issue and serve, by certified

mail, upon the person complained against a written notice

informing that person that the Agency intends to pursue legal

action. Such notice shall notify the person complained against

of the violations to be alleged and offer the person an

opportunity to meet with appropriate Agency personnel in an

effort to resolve any alleged violations that could lead to

the filing of a formal complaint. The meeting with Agency

personnel shall be held within 30 days after receipt of notice

served pursuant to this subsection upon the person complained

against, unless the Agency agrees to a postponement or the

person notifies the Agency that he or she will not appear at a

meeting within the 30-day time period. Nothing in this

subsection is intended to preclude the Agency from following

the provisions of subsection (c) or (d) of this Section or from

requesting the legal representation of the Office of the

Illinois Attorney General or the State's Attorney of the

county in which the alleged violations occurred for alleged

violations which remain the subject of disagreement between

the Agency and the person complained against after the

provisions of this subsection are fulfilled.

(c)(1) For alleged violations which remain the subject of

disagreement between the Agency and the person complained

against following waiver pursuant to subdivision (10) of

subsection (a) of this Section or fulfillment of the

requirements of subsections (a) and (b) of this Section, the

Office of the Illinois Attorney General or the State's

Attorney of the county in which the alleged violation occurred

shall issue and serve upon the person complained against a

written notice, together with a formal complaint, which shall

specify the provision of the Act, rule, regulation, permit, or

term or condition thereof under which such person is said to be

in violation and a statement of the manner in and the extent to

which such person is said to violate the Act, rule,

regulation, permit, or term or condition thereof and shall

require the person so complained against to answer the charges

of such formal complaint at a hearing before the Board at a

time not less than 21 days after the date of notice by the

Board, except as provided in Section 34 of this Act. Such

complaint shall be accompanied by a notification to the

defendant that financing may be available, through the

Illinois Environmental Facilities Financing Act, to correct

such violation. A copy of such notice of such hearings shall

also be sent to any person who that has complained to the

Agency respecting the respondent within the six months

preceding the date of the complaint, and to any person in the

county in which the offending activity occurred that has

requested notice of enforcement proceedings; 21 days notice of

such hearings shall also be published in a newspaper of

general circulation in such county. The respondent may file a

written answer, and at such hearing the rules prescribed in

Sections 32 and 33 of this Act shall apply. In the case of

actual or threatened acts outside Illinois contributing to

environmental damage in Illinois, the extraterritorial

service-of-process provisions of Sections 2-208 and 2-209 of

the Code of Civil Procedure shall apply.

With respect to notices served pursuant to this subsection

(c)(1) that involve hazardous material or wastes in any

manner, the Agency shall annually publish a list of all such

notices served. The list shall include the date the

investigation commenced, the date notice was sent, the date

the matter was referred to the Attorney General, if

applicable, and the current status of the matter.

(2) Notwithstanding the provisions of subdivision (1) of

this subsection (c), whenever a complaint has been filed on

behalf of the Agency or by the People of the State of Illinois,

the parties may file with the Board a stipulation and proposal

for settlement accompanied by a request for relief from the

requirement of a hearing pursuant to subdivision (1). Unless

the Board, in its discretion, concludes that a hearing will be

held, the Board shall cause notice of the stipulation,

proposal and request for relief to be published and sent in the

same manner as is required for hearing pursuant to subdivision

(1) of this subsection. The notice shall include a statement

that any person may file a written demand for hearing within 21

days after receiving the notice. If any person files a timely

written demand for hearing, the Board shall deny the request

for relief from a hearing and shall hold a hearing in

accordance with the provisions of subdivision (1).

(3) Notwithstanding the provisions of subdivision (1) of

this subsection (c), if the Agency becomes aware of a

violation of this Act arising from, or as a result of,

voluntary pollution prevention activities, the Agency shall

not proceed with the written notice required by subsection (a)

of this Section unless:

(A) the person fails to take corrective action or

eliminate the reported violation within a reasonable time;

or

(B) the Agency believes that the violation poses a

substantial and imminent danger to the public health or

welfare or the environment. For the purposes of this item

(B), "substantial and imminent danger" means a danger with

a likelihood of serious or irreversible harm.

(d)(1) Any person may file with the Board a complaint,

meeting the requirements of subsection (c) of this Section,

against any person allegedly violating this Act, any rule or

regulation adopted under this Act, any permit or term or

condition of a permit, or any Board order. The complainant

shall immediately serve a copy of such complaint upon the

person or persons named therein. Unless the Board determines

that such complaint is duplicative or frivolous, it shall

schedule a hearing and serve written notice thereof upon the

person or persons named therein, in accord with subsection (c)

of this Section.

(2) Whenever a complaint has been filed by a person other

than the Attorney General or the State's Attorney, the parties

may file with the Board a stipulation and proposal for

settlement accompanied by a request for relief from the

hearing requirement of subdivision (c)(1) of this Section.

Unless the Board, in its discretion, concludes that a hearing

should be held, no hearing on the stipulation and proposal for

settlement is required.

(e) In hearings before the Board under this Title the

burden shall be on the Agency or other complainant to show

either that the respondent has caused or threatened to cause

air or water pollution or that the respondent has violated or

threatens to violate any provision of this Act or any rule or

regulation of the Board or permit or term or condition

thereof. If such proof has been made, the burden shall be on

the respondent to show that compliance with the Board's

regulations would impose an arbitrary or unreasonable

hardship.

(f) The provisions of this Section shall not apply to

administrative citation actions commenced under Section 31.1

of this Act.

(Source: P.A. 103-168, eff. 6-30-23; revised 9-20-23.)

(415 ILCS 5/58.5)

Sec. 58.5. Risk-based remediation objectives.

(a) Determination of remediation objectives. This Section

establishes the procedures for determining risk-based

remediation objectives.

(b) Background area remediation objectives.

(1) Except as provided in subdivisions (b)(2) or

(b)(3) of this Section, remediation objectives established

under this Section shall not require remediation of

regulated substances to levels that are less than area

background levels.

(2) In the event that the concentration of a regulated

substance of concern on the site exceeds a remediation

objective adopted by the Board for residential land use,

the property may not be converted to residential use

unless such remediation objective or an alternate

risk-based remediation objective for that regulated

substance of concern is first achieved.

(3) In the event that the Agency has determined in

writing that the background level for a regulated

substance poses an acute threat to human health or the

environment at the site when considering the post-remedial

action land use, the RA shall develop appropriate

risk-based remediation objectives in accordance with this

Section.

(c) Regulations establishing remediation objectives and

methodologies for deriving remediation objectives for

individual or classes of regulated substances shall be adopted

by the Board in accordance with this Section and Section

58.11.

(1) The regulations shall provide for the adoption of

a three-tiered process for an a RA to establish

remediation objectives protective of human health and the

environment based on identified risks and specific site

characteristics at and around the site.

(2) The regulations shall provide procedures for using

alternative tiers in developing remediation objectives for

multiple regulated substances.

(3) The regulations shall provide procedures for

determining area background contaminant levels.

(4) The methodologies adopted under this Section shall

ensure that the following factors are taken into account

in determining remediation objectives:

(A) potential risks posed by carcinogens and

noncarcinogens; and

(B) the presence of multiple substances of concern

and multiple exposure pathways.

(d) In developing remediation objectives under subsection

(c) of this Section, the methodology proposed and adopted

shall establish tiers addressing manmade and natural pathways

of exposure, including, but not limited to, human ingestion,

human inhalation, and groundwater protection. For carcinogens,

soil and groundwater remediation objectives shall be

established at exposures that represent an excess upper-bound

lifetime risk of between 1 in 10,000 and 1 in 1,000,000 as

appropriate for the post-remedial action use, except that

remediation objectives protecting residential use shall be

based on exposures that represent an excess upper-bound

lifetime risk of 1 in 1,000,000. No groundwater remediation

objective adopted pursuant to this Section shall be more

restrictive than the applicable Class I or Class III

Groundwater Quality Standard adopted by the Board. At a

minimum, the objectives shall include the following:

(1) Tier I remediation objectives expressed as a table

of numeric values for soil and groundwater. Such

objectives may be of different values dependent on

potential pathways at the site and different land uses,

including residential and nonresidential uses.

(2) Tier II remediation objectives shall include the

formulae and equations used to derive the Tier II

objectives and input variables for use in the formulae.

The RA may alter the input variables when it is

demonstrated that the specific circumstances at and around

the site including land uses warrant such alternate

variables.

(3) Tier III remediation objectives shall include

methodologies to allow for the development of

site-specific risk-based remediation objectives for soil

or groundwater, or both, for regulated substances. Such

methodology shall allow for different remediation

objectives for residential and various categories of

non-residential land uses. The Board's future adoption of

a methodology pursuant to this Section shall in no way

preclude the use of a nationally recognized methodology to

be used for the development of site-specific risk-based

objectives for regulated substances under this Section. In

determining Tier III remediation objectives under this

subsection, all of the following factors shall be

considered:

(A) The use of specific site characteristic data.

(B) The use of appropriate exposure factors for

the current and currently planned future land use of

the site and adjacent property and the effectiveness

of engineering, institutional, or legal controls

placed on the current or future use of the site.

(C) The use of appropriate statistical

methodologies to establish statistically valid

remediation objectives.

(D) The actual and potential impact of regulated

substances to receptors.

(4) For regulated substances that have a groundwater

quality standard established pursuant to the Illinois

Groundwater Protection Act and rules promulgated

thereunder, site specific groundwater remediation

objectives may be proposed under the methodology

established in subdivision (d)(3) of this Section at

values greater than the groundwater quality standards.

(A) The RA proposing any site specific groundwater

remediation objective at a value greater than the

applicable groundwater quality standard shall

demonstrate:

(i) To the extent practical, the exceedance of

the groundwater quality standard has been

minimized and beneficial use appropriate to the

groundwater that was impacted has been returned;

and

(ii) Any threat to human health or the

environment has been minimized.

(B) The rules proposed by the Agency and adopted

by the Board under this Section shall include criteria

required for the demonstration of the suitability of

groundwater objectives proposed under subdivision (b)

(4) (A) of this Section.

(e) The rules proposed by the Agency and adopted by the

Board under this Section shall include conditions for the

establishment and duration of groundwater management zones by

rule, as appropriate, at sites undergoing remedial action

under this Title.

(f) Until such time as the Board adopts remediation

objectives under this Section, the remediation objectives

adopted by the Board under Title XVI of this Act shall apply to

all environmental assessments and soil or groundwater remedial

action conducted under this Title.

(Source: P.A. 91-909, eff. 7-7-00; revised 9-20-23.)

(415 ILCS 5/58.6)

Sec. 58.6. Remedial investigations and reports.

(a) Any RA who proceeds under this Title may elect to seek

review and approval for any of the remediation objectives

provided in Section 58.5 for any or all regulated substances

of concern. The RA shall conduct investigations and remedial

activities for regulated substances of concern and prepare

plans and reports in accordance with this Section and rules

adopted hereunder. The RA shall submit the plans and reports

for review and approval in accordance with Section 58.7. All

investigations, plans, and reports conducted or prepared under

this Section shall be under the supervision of a Licensed

Professional Engineer (LPE) or, in the case of a site

investigation only, a Licensed Professional Geologist in

accordance with the requirements of this Title.

(b) (1) Site investigation and Site Investigation Report.

(1) The RA shall conduct a site investigation to

determine the significant physical features of the site

and vicinity that may affect contaminant transport and

risk to human health, safety, and the environment and to

determine the nature, concentration, direction and rate of

movement, and extent of the contamination at the site.

(2) The RA shall compile the results of the

investigations into a Site Investigation Report. At a

minimum, the reports shall include the following, as

applicable:

(A) Executive summary;

(B) Site history;

(C) Site-specific sampling methods and results;

(D) Documentation of field activities, including

quality assurance project plan;

(E) Interpretation of results; and

(F) Conclusions.

(c) Remediation Objectives Report.

(1) If an a RA elects to determine remediation

objectives appropriate for the site using the Tier II or

Tier III procedures under subsection (d) of Section 58.5,

the RA shall develop such remediation objectives based on

site-specific information. In support of such remediation

objectives, the RA shall prepare a Remediation Objectives

Report demonstrating how the site-specific objectives were

calculated or otherwise determined.

(2) If an a RA elects to determine remediation

objectives appropriate for the site using the area

background procedures under subsection (b) of Section

58.5, the RA shall develop such remediation objectives

based on site-specific literature review, sampling

protocol, or appropriate statistical methods in accordance

with Board rules. In support of such remediation

objectives, the RA shall prepare a Remediation Objectives

Report demonstrating how the area background remediation

objectives were determined.

(d) Remedial Action Plan. If the approved remediation

objectives for any regulated substance established under

Section 58.5 are less than the levels existing at the site

prior to any remedial action, the RA shall prepare a Remedial

Action Plan. The Remedial Action Plan shall describe the

selected remedy and evaluate its ability and effectiveness to

achieve the remediation objectives approved for the site. At a

minimum, the reports shall include the following, as

applicable:

(1) Executive summary;

(2) Statement of remediation objectives;

(3) Remedial technologies selected;

(4) Confirmation sampling plan;

(5) Current and projected future use of the property;

and

(6) Applicable preventive, engineering, and

institutional controls including long-term reliability,

operating, and maintenance plans, and monitoring

procedures.

(e) Remedial Action Completion Report.

(1) Upon completion of the Remedial Action Plan, the

RA shall prepare a Remedial Action Completion Report. The

report shall demonstrate whether the remedial action was

completed in accordance with the approved Remedial Action

Plan and whether the remediation objectives, as well as

any other requirements of the plan, have been attained.

(2) If the approved remediation objectives for the

regulated substances of concern established under Section

58.5 are equal to or above the levels existing at the site

prior to any remedial action, notification and

documentation of such shall constitute the entire Remedial

Action Completion Report for purposes of this Title.

(f) Ability to proceed. The RA may elect to prepare and

submit for review and approval any and all reports or plans

required under the provisions of this Section individually,

following completion of each such activity; concurrently,

following completion of all activities; or in any other

combination. In any event, the review and approval process

shall proceed in accordance with Section 58.7 and rules

adopted thereunder.

(g) Nothing in this Section shall prevent an RA from

implementing or conducting an interim or any other remedial

measure prior to election to proceed under Section 58.6.

(h) In accordance with Section 58.11, the Agency shall

propose and the Board shall adopt rules to carry out the

purposes of this Section.

(Source: P.A. 92-735, eff. 7-25-02; revised 9-20-23.)

(415 ILCS 5/58.7)

Sec. 58.7. Review and approvals.

(a) Requirements. All plans and reports that are submitted

pursuant to this Title shall be submitted for review or

approval in accordance with this Section.

(b) Review and evaluation by the Agency.

(1) Except for sites excluded under subdivision (a)(2)

of Section 58.1, the Agency shall, subject to available

resources, agree to provide review and evaluation services

for activities carried out pursuant to this Title for

which the RA requested the services in writing. As a

condition for providing such services, the Agency may

require that the RA for a site:

(A) Conform with the procedures of this Title;

(B) Allow for or otherwise arrange site visits or

other site evaluation by the Agency when so requested;

(C) Agree to perform the Remedial Action Plan as

approved under this Title;

(D) Agree to pay any reasonable costs incurred and

documented by the Agency in providing such services;

(E) Make an advance partial payment to the Agency

for such anticipated services in the amount of $2,500;

and

(F) Demonstrate, if necessary, authority to act on

behalf of or in lieu of the owner or operator.

(2) Any moneys received by the State for costs

incurred by the Agency in performing review or evaluation

services for actions conducted pursuant to this Title

shall be deposited in the Hazardous Waste Fund.

(3) An RA requesting services under subdivision (b)

(1) of this Section may, at any time, notify the Agency, in

writing, that Agency services previously requested are no

longer wanted. Within 180 days after receipt of the

notice, the Agency shall provide the RA with a final

invoice for services provided until the date of such

notifications.

(4) The Agency may invoice or otherwise request or

demand payment from an a RA for costs incurred by the

Agency in performing review or evaluation services for

actions by the RA at sites only if:

(A) The Agency has incurred costs in performing

response actions, other than review or evaluation

services, due to the failure of the RA to take response

action in accordance with a notice issued pursuant to

this Act;

(B) The RA has agreed in writing to the payment of

such costs;

(C) The RA has been ordered to pay such costs by

the Board or a court of competent jurisdiction

pursuant to this Act; or

(D) The RA has requested or has consented to

Agency review or evaluation services under subdivision

(b)(1) of this Section.

(5) The Agency may, subject to available resources,

agree to provide review and evaluation services for

response actions if there is a written agreement among

parties to a legal action or if a notice to perform a

response action has been issued by the Agency.

(c) Review and evaluation by a RELPEG. An A RA may elect to

contract with a Licensed Professional Engineer or, in the case

of a site investigation report only, a Licensed Professional

Geologist, who will perform review and evaluation services on

behalf of and under the direction of the Agency relative to the

site activities.

(1) Prior to entering into the contract with the

RELPEG, the RA shall notify the Agency of the RELPEG to be

selected. The Agency and the RA shall discuss the

potential terms of the contract.

(2) At a minimum, the contract with the RELPEG shall

provide that the RELPEG will submit any reports directly

to the Agency, will take his or her directions for work

assignments from the Agency, and will perform the assigned

work on behalf of the Agency.

(3) Reasonable costs incurred by the Agency shall be

paid by the RA directly to the Agency in accordance with

the terms of the review and evaluation services agreement

entered into under subdivision (b)(1) of Section 58.7.

(4) In no event shall the RELPEG acting on behalf of

the Agency be an employee of the RA or the owner or

operator of the site or be an employee of any other person

the RA has contracted to provide services relative to the

site.

(d) Review and approval. All reviews required under this

Title shall be carried out by the Agency or a RELPEG contracted

by the RA pursuant to subsection (c).

(1) All review activities conducted by the Agency or a

RELPEG shall be carried out in conformance with this Title

and rules promulgated under Section 58.11.

(2) Subject to the limitations in subsection (c) and

this subsection (d), the specific plans, reports, and

activities that the Agency or a RELPEG may review include:

(A) Site Investigation Reports and related

activities;

(B) Remediation Objectives Reports;

(C) Remedial Action Plans and related activities;

and

(D) Remedial Action Completion Reports and related

activities.

(3) Only the Agency shall have the authority to

approve, disapprove, or approve with conditions a plan or

report as a result of the review process including those

plans and reports reviewed by a RELPEG. If the Agency

disapproves a plan or report or approves a plan or report

with conditions, the written notification required by

subdivision (d)(4) of this Section shall contain the

following information, as applicable:

(A) An explanation of the Sections of this Title

that may be violated if the plan or report was

approved;

(B) An explanation of the provisions of the rules

promulgated under this Title that may be violated if

the plan or report was approved;

(C) An explanation of the specific type of

information, if any, that the Agency deems the

applicant did not provide the Agency;

(D) A statement of specific reasons why the Title

and regulations might not be met if the plan or report

were approved; and

(E) An explanation of the reasons for conditions

if conditions are required.

(4) Upon approving, disapproving, or approving with

conditions a plan or report, the Agency shall notify the

RA in writing of its decision. In the case of approval or

approval with conditions of a Remedial Action Completion

Report, the Agency shall prepare a No Further Remediation

Letter that meets the requirements of Section 58.10 and

send a copy of the letter to the RA.

(5) All reviews undertaken by the Agency or a RELPEG

shall be completed and the decisions communicated to the

RA within 60 days of the request for review or approval of

a single plan or report and within 90 days after the

request for review or approval of 2 or more plans or

reports submitted concurrently. The RA may waive the

deadline upon a request from the Agency. If the Agency

disapproves or approves with conditions a plan or report

or fails to issue a final decision within the applicable

60-day or 90-day period and the RA has not agreed to a

waiver of the deadline, the RA may, within 35 days, file an

appeal to the Board. Appeals to the Board shall be in the

manner provided for the review of permit decisions in

Section 40 of this Act.

(e) Standard of review. In making determinations, the

following factors, and additional factors as may be adopted by

the Board in accordance with Section 58.11, shall be

considered by the Agency when reviewing or approving plans,

reports, and related activities, or the RELPEG, when reviewing

plans, reports, and related activities:

(1) Site Investigation Reports and related activities:

Whether investigations have been conducted and the results

compiled in accordance with the appropriate procedures and

whether the interpretations and conclusions reached are

supported by the information gathered. In making the

determination, the following factors shall be considered:

(A) The adequacy of the description of the site

and site characteristics that were used to evaluate

the site;

(B) The adequacy of the investigation of potential

pathways and risks to receptors identified at the

site; and

(C) The appropriateness of the sampling and

analysis used.

(2) Remediation Objectives Reports: Whether the

remediation objectives are consistent with the

requirements of the applicable method for selecting or

determining remediation objectives under Section 58.5. In

making the determination, the following factors shall be

considered:

(A) If the objectives were based on the

determination of area background levels under

subsection (b) of Section 58.5, whether the review of

current and historic conditions at or in the immediate

vicinity of the site has been thorough and whether the

site sampling and analysis has been performed in a

manner resulting in accurate determinations;

(B) If the objectives were calculated on the basis

of predetermined equations using site specific data,

whether the calculations were accurately performed and

whether the site specific data reflect actual site

conditions; and

(C) If the objectives were determined using a site

specific risk assessment procedure, whether the

procedure used is nationally recognized and accepted,

whether the calculations were accurately performed,

and whether the site specific data reflect actual site

conditions.

(3) Remedial Action Plans and related activities:

Whether the plan will result in compliance with this

Title, and rules adopted under it and attainment of the

applicable remediation objectives. In making the

determination, the following factors shall be considered:

(A) The likelihood that the plan will result in

the attainment of the applicable remediation

objectives;

(B) Whether the activities proposed are consistent

with generally accepted engineering practices; and

(C) The management of risk relative to any

remaining contamination, including, but not limited

to, provisions for the long-term enforcement,

operation, and maintenance of institutional and

engineering controls, if relied on.

(4) Remedial Action Completion Reports and related

activities: Whether the remedial activities have been

completed in accordance with the approved Remedial Action

Plan and whether the applicable remediation objectives

have been attained.

(f) All plans and reports submitted for review shall

include a Licensed Professional Engineer's certification that

all investigations and remedial activities were carried out

under his or her direction and, to the best of his or her

knowledge and belief, the work described in the plan or report

has been completed in accordance with generally accepted

engineering practices, and the information presented is

accurate and complete. In the case of a site investigation

report prepared or supervised by a Licensed Professional

Geologist, the required certification may be made by the

Licensed Professional Geologist (rather than a Licensed

Professional Engineer) and based upon generally accepted

principles of professional geology.

(g) In accordance with Section 58.11, the Agency shall

propose and the Board shall adopt rules to carry out the

purposes of this Section. At a minimum, the rules shall detail

the types of services the Agency may provide in response to

requests under subdivision (b)(1) of this Section and the

recordkeeping it will utilize in documenting to the RA the

costs incurred by the Agency in providing such services.

(h) Public participation.

(1) The Agency shall develop guidance to assist RAs

RA's in the implementation of a community relations plan

to address activity at sites undergoing remedial action

pursuant to this Title.

(2) The RA may elect to enter into a services

agreement with the Agency for Agency assistance in

community outreach efforts.

(3) The Agency shall maintain a registry listing those

sites undergoing remedial action pursuant to this Title.

(4) Notwithstanding any provisions of this Section,

the RA of a site undergoing remedial activity pursuant to

this Title may elect to initiate a community outreach

effort for the site.

(i) Notwithstanding any other provision of this Title, the

Agency is not required to take action on any submission under

this Title from or on behalf of an RA if the RA has failed to

pay all fees due pursuant to an invoice or other request or

demand for payment under this Title. Any deadline for Agency

action on such a submission shall be tolled until the fees due

are paid in full.

(Source: P.A. 103-172, eff. 1-1-24; revised 1-2-24.)

Section 505. The Illinois Pesticide Act is amended by

changing Section 24.1 as follows:

(415 ILCS 60/24.1) (from Ch. 5, par. 824.1)

Sec. 24.1. Administrative actions and penalties.

(1) The Director is authorized after an opportunity for an

administrative hearing to suspend, revoke, or modify any

license, permit, special order, registration, or certification

issued under this Act. This action may be taken in addition to

or in lieu of monetary penalties assessed as set forth in this

Section. When it is in the interest of the people of the State

of Illinois, the Director may, upon good and sufficient

evidence, suspend the registration, license, or permit until a

hearing has been held. In such cases, the Director shall issue

an order in writing setting forth the reasons for the

suspension. Such order shall be served personally on the

person or by registered or certified mail sent to the person's

business address as shown in the latest notification to the

Department. When such an order has been issued by the

Director, the person may request an immediate hearing.

(2) Before initiating hearing proceedings, the Director

may issue an advisory letter to a violator of this Act or its

rules and regulations when the violation points total 6 or

less, as determined by the Department by the Use and Violation

Criteria established in this Section. When the Department

determines that the violation points total more than 6 but not

more than 13, the Director shall issue a warning letter to the

violator.

(3) The hearing officer upon determination of a violation

or violations shall assess one or more of the following

penalties:

(A) For any person applying pesticides without a

license or misrepresenting certification or failing to

comply with conditions of an agrichemical facility permit

or failing to comply with the conditions of a written

authorization for land application of agrichemical

contaminated soils or groundwater, a penalty of $500 shall

be assessed for the first offense and $1,000 for the

second and subsequent offenses.

(B) For violations of a stop use order imposed by the

Director, the penalty shall be $2500.

(C) For violations of a stop sale order imposed by the

Director, the penalty shall be $1500 for each individual

item of the product found in violation of the order.

(D) For selling restricted use pesticides to a

non-certified applicator the penalty shall be $1000.

(E) For selling restricted use pesticides without a

dealer's license the penalty shall be $1,000.

(F) For constructing or operating without an

agrichemical facility permit after receiving written

notification, the penalty shall be $500 for the first

offense and $1,000 for the second and subsequent offenses.

(F-5) For any person found by the Department to have

committed a use inconsistent with the label, as defined in

subsection 40 of Section 4, that results in human exposure

to a pesticide, the penalty shall be assessed in

accordance with this paragraph (F-5). The Department shall

impose a penalty under this paragraph (F-5) only if it

represents an amount greater than the penalty assessed

under paragraph subparagraph (G). The amount of the

penalty under this paragraph (F-5) is calculated as

follows:

(a) If fewer than 3 humans are exposed, then the

penalty shall be $500 for each human exposed.

(b) If 3 or more humans but fewer than 5 humans are

exposed, then the penalty shall be $750 for each human

exposed.

(c) If 5 or more humans are exposed, then the

penalty shall be $1,250 for each human exposed.

If a penalty is imposed under this paragraph (F-5),

the Department shall redetermine the total violation

points under subsection (4), less any points under

subsection (4) stemming from human exposure, and impose

any additional penalty under paragraph subparagraph (G)

based on the new total. The reassessed total shall not

affect any determination under subsection (2); any

determination under subsection (2) shall be determined by

the full application of points under subsection (4).

(G) For violations of the Act and rules and

regulations, administrative penalties will be based upon

the total violation points as determined by the Use and

Violation Criteria as set forth in subsection paragraph

(4) of this Section. The monetary penalties shall be as

follows:

Total Violation Points Monetary Penalties 14-16 $750 17-19 $1000 20-21 $2500 22-25 $5000

26-29 $7500 30 and above $10,000

(4) Subject to paragraph (F-5), the following Use and

Violation Criteria establishes the point value which shall be

compiled to determine the total violation points and

administrative actions or monetary penalties to be imposed as

set forth in paragraph (3)(G) of this Section:

(A) Point values shall be assessed upon the harm or

loss incurred.

(1) A point value of 1 shall be assessed for the

following:

(a) Exposure to a pesticide by plants, animals

or humans with no symptoms or damage noted.

(b) Fraudulent sales practices or

representations with no apparent monetary losses

involved.

(2) A point value of 2 shall be assessed for

exposure the following: (a) Exposure to a pesticide

which resulted in:

(a) (1) Plants or property showing signs of

damage, including, but not limited to, leaf curl,

burning, wilting, spotting, discoloration, or

dying.

(b) (2) Garden produce or an agricultural crop

not being harvested on schedule.

(c) (3) Fraudulent sales practices or

representations resulting in losses under $500.

(3) A point value of 4 shall be assessed for the

following:

(a) Exposure to a pesticide resulting in a

human experiencing headaches, nausea, eye

irritation, and such other symptoms which

persisted less than 3 days.

(b) Plant or property damage resulting in a

loss below $1000.

(c) Animals exhibiting symptoms of pesticide

poisoning, including, but not limited to, eye or

skin irritations or lack of coordination.

(d) Death to less than 5 animals.

(e) Fraudulent sales practices or

representations resulting in losses from $500 to

$2000.

(4) A point value of 6 shall be assessed for the

following:

(a) Exposure to a pesticide resulting in a

human experiencing headaches, nausea, eye

irritation, and such other symptoms which

persisted 3 or more days.

(b) Plant or property damage resulting in a

loss of $1000 or more.

(c) Death to 5 or more animals.

(d) Fraudulent sales practices or

representations resulting in losses over $2000.

(B) Point values shall be assessed based upon the

signal word on the label of the chemical involved:

Point Value Signal Word 1 Caution 2 Warning 4 Danger/Poison

(C) Point values shall be assessed based upon the

degree of responsibility.

Point Value Degree of Responsibility 2 Accidental (such as equipment malfunction) 4 Negligence 10 Knowingly

(D) Point values shall be assessed based upon the

violator's history for the previous 3 years:

Point Value Record 2 Advisory letter 3 Warning letter 5 Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty 7 Certification, license, or registration currently suspended or revoked

(E) Point values shall be assessed based upon the

violation type:

(1) Application Oriented:

Point Value Violation 1 Inadequate records 2 Lack of supervision 2 Faulty equipment

Use contrary to label directions:

2 a. resulting in exposure to applicator or operator 3 b. resulting in exposure to other persons or the environment 3 c. precautionary statements, sites, rates, restricted use requirements 3 Water contamination 3 Storage or disposal contrary to label directions 3 Pesticide drift 4 Direct application to a non-target site 6 Falsification of records 6 Failure to secure a permit or violation of permit or special order

(2) Product Oriented:

Point Value Violation 6 Pesticide not registered 4 Product label claims differ from approved label 4 Product composition (active ingredients differs from that of approved label) 4 Product not colored as required 4 Misbranding as set forth in Section 5 of the Act (4 points will be assessed for each count)

(5) Any penalty not paid within 60 days of notice from

the Department shall be submitted to the Attorney

General's Office for collection. Failure to pay a penalty

shall also be grounds for suspension or revocation of

permits, licenses and registrations.

(6) Private applicators, except those private

applicators who have been found by the Department to have

committed a "use inconsistent with the label" as defined

in subsection 40 of Section 4 of this Act, are exempt from

the Use and Violation Criteria point values.

(Source: P.A. 102-558, eff. 8-20-21; 103-62, eff. 6-9-23;

revised 9-20-23.)

Section 510. The Electric Vehicle Rebate Act is amended by

changing Section 40 as follows:

(415 ILCS 120/40)

Sec. 40. Appropriations from the Electric Vehicle Rebate

Fund.

(a) The Agency shall estimate the amount of user fees

expected to be collected under Section 35 of this Act for each

fiscal year. User fee funds shall be deposited into and

distributed from the Electric Vehicle Rebate Fund in the

following manner:

(1) Through fiscal year 2023, an An annual amount not

to exceed $225,000 may be appropriated to the Agency from

the Electric Vehicle Rebate Fund to pay its costs of

administering the programs authorized by Section 27 of

this Act. Beginning in fiscal year 2024 and in each fiscal

year thereafter, an annual amount not to exceed $600,000

may be appropriated to the Agency from the Electric

Vehicle Rebate Fund to pay its costs of administering the

programs authorized by Section 27 of this Act. An amount

not to exceed $225,000 may be appropriated to the

Secretary of State from the Electric Vehicle Rebate Fund

to pay the Secretary of State's costs of administering the

programs authorized under this Act.

(2) In fiscal year 2022 and each fiscal year

thereafter, after appropriation of the amounts authorized

by item (1) of subsection (a) of this Section, the

remaining moneys estimated to be collected during each

fiscal year shall be appropriated.

(3) (Blank).

(4) Moneys appropriated to fund the programs

authorized in Sections 25 and 30 shall be expended only

after they have been collected and deposited into the

Electric Vehicle Rebate Fund.

(b) General Revenue Fund amounts appropriated to and

deposited into the Electric Vehicle Rebate Fund shall be

distributed from the Electric Vehicle Rebate Fund to fund the

program authorized in Section 27.

(Source: P.A. 102-662, eff. 9-15-21; 103-8, eff. 6-7-23;

103-363, eff. 7-28-23; revised 9-6-23.)

Section 515. The Radiation Protection Act of 1990 is

amended by changing Section 6 as follows:

(420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)

(Section scheduled to be repealed on January 1, 2027)

Sec. 6. Accreditation of administrators of radiation;

limited scope accreditation; rules and regulations; education.

(a) The Agency shall promulgate such rules and regulations

as are necessary to establish accreditation standards and

procedures, including a minimum course of education and

continuing education requirements in the administration of

radiation to human beings, which are appropriate to the

classification of accreditation and which are to be met by all

physician assistants, advanced practice registered nurses,

nurses, technicians, or other assistants who administer

radiation to human beings under the supervision of a person

licensed under the Medical Practice Act of 1987. Such rules

and regulations may provide for different classes of

accreditation based on evidence of national certification,

clinical experience or community hardship as conditions of

initial and continuing accreditation. The rules and

regulations of the Agency shall be consistent with national

standards in regard to the protection of the health and safety

of the general public.

(b) The rules and regulations shall also provide that

persons who have been accredited by the Agency, in accordance

with the Radiation Protection Act of 1990, without passing an

examination, will remain accredited as provided in Section 43

of this Act and that those persons may be accredited, without

passing an examination, to use other equipment, procedures, or

supervision within the original category of accreditation if

the Agency receives written assurances from a person licensed

under the Medical Practice Act of 1987, that the person

accredited has the necessary skill and qualifications for such

additional equipment procedures or supervision. The Agency

shall, in accordance with subsection (c) of this Section,

provide for the accreditation of nurses, technicians, or other

assistants, unless exempted elsewhere in this Act, to perform

a limited scope of diagnostic radiography procedures of the

chest, the extremities, skull and sinuses, or the spine, while

under the supervision of a person licensed under the Medical

Practice Act of 1987.

(c) The rules or regulations promulgated by the Agency

pursuant to subsection (a) shall establish standards and

procedures for accrediting persons to perform a limited scope

of diagnostic radiography procedures. The rules or regulations

shall specify that an individual seeking accreditation for

limited diagnostic radiography shall not apply ionizing

radiation to human beings until the individual has passed an

Agency-approved examination and is accredited by the Agency.

For an individual to be accredited to perform a limited

scope of diagnostic radiography procedures, he or she must

pass an examination approved by the Agency. The examination

shall be consistent with national standards in regard to

protection of public health and safety. The examination shall

consist of a standardized component covering general

principles applicable to diagnostic radiography procedures and

a clinical component specific to the types of procedures for

which accreditation is being sought. The Agency may assess a

reasonable fee for such examinations to cover any costs

incurred by the Agency in conjunction with the examinations.

(d) The Agency shall by rule or regulation exempt from

accreditation physician assistants, advanced practice

registered nurses, nurses, technicians, or other assistants

who administer radiation to human beings under supervision of

a person licensed to practice under the Medical Practice Act

of 1987 when the services are performed on employees of a

business at a medical facility owned and operated by the

business. Such exemption shall only apply to the equipment,

procedures, and supervision specific to the medical facility

owned and operated by the business.

(Source: P.A. 103-155, eff. 1-1-24; revised 1-2-24.)

Section 520. The Firearm Owners Identification Card Act is

amended by changing Section 10 as follows:

(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 members shall

have actual experience in law, education, social work,

behavioral sciences, law enforcement, or community affairs

or in a combination of those areas.

(2) The terms of the members initially appointed after

January 1, 2022 (the effective date of Public Act 102-237)

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, beginning July 1, 2023,

shall be compensated from appropriations provided to the

Comptroller for this purpose. Members 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 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 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

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 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; 102-813, eff. 5-13-22; 102-1115, eff.

1-9-23; 102-1129, eff. 2-10-23; revised 2-28-23.)

Section 525. The Children's Product Safety Act is amended

by changing Section 10 as follows:

(430 ILCS 125/10)

Sec. 10. Definitions. In this Act:

(a) "Children's product" means a product, including, but

not limited to, a full-size crib, non-full-size crib, toddler

bed, bed, car seat, chair, high chair, booster chair, hook-on

chair, bath seat, gate or other enclosure for confining a

child, play yard, stationary activity center, carrier,

stroller, walker, swing, or toy or play equipment, that meets

the following criteria:

(i) the product is designed or intended for the care

of, or use by, any child under age 12; and

(ii) the product is designed or intended to come into

contact with the child while the product is used.

Notwithstanding any other provision of this Section, a

product is not a "children's product" for purposes of this Act

if:

(I) it may be used by or for the care of a child under

age 9, but it is designed or intended for use by the

general population or segments of the general population

and not solely or primarily for use by or the care of a

child; or

(II) it is a medication, drug, or food or is intended

to be ingested.

(b) "Commercial dealer" means any person who deals in

children's products or who otherwise by one's occupation holds

oneself out as having knowledge or skill peculiar to

children's products, or any person who is in the business of

remanufacturing, retrofitting, selling, leasing, subletting,

or otherwise placing in the stream of commerce children's

products.

(b-5) "Manufacturer" means any person who makes and places

into the stream of commerce a children's product as defined by

this Act.

(b-10) "Importer" means any person who brings into this

country and places into the stream of commerce a children's

product.

(b-15) "Distributor" and "wholesaler" means any person,

other than a manufacturer or retailer, who sells or resells or

otherwise places into the stream of commerce a children's

product.

(b-20) "Retailer" means any person other than a

manufacturer, distributor, or wholesaler who sells, leases, or

sublets children's products.

(b-25) "First seller" means any retailer selling a

children's product that has not been used or has not

previously been owned. A first seller does not include an

entity such as a second-hand or resale store.

(c) "Person" means a natural person, firm, corporation,

limited liability company, or association, or an employee or

agent of a natural person or an entity included in this

definition.

(d) "Infant" means any person less than 35 inches tall and

less than 3 years of age.

(e) "Crib" means a bed or containment designed to

accommodate an infant.

(f) "Full-size crib" means a full-size crib as defined in

Section 1508.3 of Title 16 of the Code of Federal Regulations

regarding the requirements for full-size cribs.

(g) "Non-full-size crib" means a non-full-size crib as

defined in Section 1509.2 of Title 16 of the Code of Federal

Regulations regarding the requirements for non-full-size

cribs.

(h) "End consumer" means a person who purchases a

children's product for any purpose other than resale.

(Source: P.A. 103-44, eff. 1-1-24; revised 1-2-24.)

Section 530. The Wildlife Code is amended by changing

Sections 2.36, 2.37, and 3.5 as follows:

(520 ILCS 5/2.36) (from Ch. 61, par. 2.36)

Sec. 2.36. It shall be unlawful to buy, sell, or barter, or

offer to buy, sell, or barter, and for a commercial

institution, other than a regularly operated refrigerated

storage establishment, to have in its possession any of the

wild birds, or any part thereof (and their eggs), or wild

mammals or any parts thereof, protected by this Act unless

done as hereinafter provided:

Game birds or any parts thereof (and their eggs), may be

held, possessed, raised and sold, or otherwise dealt with, as

provided in Section 3.23 of this Act or when legally produced

under similar special permit in another state or country and

legally transported into the State of Illinois; provided that

such imported game birds or any parts thereof, shall be marked

with permanent irremovable tags, or similar devices, to

establish and retain their origin and identity;

Rabbits may be legally taken and possessed as provided in

Sections 3.23, 3.24, and 3.26 of this Act;

Deer, or any parts thereof, may be held, possessed, sold

or otherwise dealt with as provided in this Section and

Sections 3.23 and 3.24 of this Act;

If a properly tagged deer is processed at a licensed meat

processing facility, the meat processor at the facility is an

active member of the Illinois Sportsmen Against Hunger

program, and the owner of the deer (i) fails to claim the

processed deer within a reasonable time or (ii) notifies the

licensed meat processing facility that the owner no longer

wants the processed deer, then the deer meat may be given away

by the licensed meat processor to another person or donated to

any other charitable organization or community food bank that

receives wild game meat. The licensed meat processing facility

may charge the person receiving the deer meat a reasonable and

customary processing fee;

Meat processors who are active members of the Illinois

Sportsmen Against Hunger program shall keep written records of

all deer received. Records shall include the following

information:

(1) the date the deer was received;

(2) the name, address, and telephone number of the

person from whom the deer was received;

(3) whether the deer was received as a whole carcass

or as deboned meat; if the deer was brought to the meat

processor as deboned meat, the processor shall include the

weight of the meat;

(4) the number and state of issuance of the permit of

the person from whom the deer was received; in the absence

of a permit number, the meat processor may rely on the

written certification of the person from whom the deer was

received that the deer was legally taken or obtained; and

(5) if the person who originally delivered the deer to

the meat processor fails to collect or make arrangements

for the packaged deer meat to be collected and the meat

processor gives all or part of the unclaimed deer meat to

another person, the meat processor shall maintain a record

of the exchange; the meat processor's records shall

include the customer's name, physical address, telephone

number, as well as the quantity and type of deer meat given

to the customer. The meat processor shall also include the

amount of compensation received for the deer meat in his

or her records.

Meat processor records for unclaimed deer meat shall be

open for inspection by any peace officer at any reasonable

hour. Meat processors shall maintain records for a period of 2

years after the date of receipt of the wild game or for as long

as the specimen or meat remains in the meat processors

possession, whichever is longer;

No meat processor shall have in his or her possession any

deer that is not listed in his or her written records and

properly tagged or labeled;

All licensed meat processors who ship any deer or parts of

deer that have been held, possessed, or otherwise dealt with

shall tag or label the shipment, and the tag or label shall

state the name of the meat processor;

Nothing in this Section removes meat processors from

responsibility for the observance of any State or federal

laws, rules, or regulations that may apply to the meat

processing business;

Fur-bearing mammals, or any parts thereof, may be held,

possessed, sold or otherwise dealt with as provided in

Sections 3.16, 3.24, and 3.26 of this Act or when legally taken

and possessed in Illinois or legally taken and possessed in

and transported from other states or countries;

It is unlawful for any person to act as a nuisance wildlife

control operator for fee or compensation without a permit as

provided in subsection subsection (b) of Section 2.37 of this

Act unless such trapping is in compliance with Section 2.30.

The inedible parts of game mammals may be held, possessed,

sold, or otherwise dealt with when legally taken, in Illinois

or legally taken and possessed in and transported from other

states or countries.

Failure to establish proof of the legality of possession

in another state or country and importation into the State of

Illinois, shall be prima facie evidence that such game birds

or any parts thereof, and their eggs, game mammals and

fur-bearing mammals, or any parts thereof, were taken within

the State of Illinois.

(Source: P.A. 103-37, eff. 6-9-23; revised 9-20-23.)

(520 ILCS 5/2.37) (from Ch. 61, par. 2.37)

Sec. 2.37. Authority to kill wildlife responsible for

damage.

(a) Subject to federal regulations and Section 3 of the

Illinois Endangered Species Protection Act, the Department may

authorize owners and tenants of lands or their agents, who are

performing the service without fee or compensation, to remove

or destroy any wild bird or wild mammal when the wild bird or

wild mammal is known to be destroying property or causing a

risk to human health or safety upon his or her land.

Upon receipt by the Department of information from the

owner, tenant, or sharecropper that any one or more species of

wildlife is damaging dams, levees, ditches, cattle pastures,

or other property on the land on which he resides or controls,

together with a statement regarding location of the property

damages, the nature and extent of the damage, and the

particular species of wildlife committing the damage, the

Department shall make an investigation.

If, after investigation, the Department finds that damage

does exist and can be abated only by removing or destroying

that wildlife, a permit shall be issued by the Department to

remove or destroy the species responsible for causing the

damage.

A permit to control the damage shall be for a period of up

to 90 days, shall specify the means and methods by which and

the person or persons by whom the wildlife may be removed or

destroyed, without fee or compensation, and shall set forth

the disposition procedure to be made of all wildlife taken and

other restrictions the Director considers necessary and

appropriate in the circumstances of the particular case.

Whenever possible, the specimens destroyed shall be given to a

bona fide bona-fide public or State scientific, educational,

or zoological institution.

The permittee shall advise the Department in writing,

within 10 days after the expiration date of the permit, of the

number of individual species of wildlife taken, disposition

made of them, and any other information which the Department

may consider necessary.

(b) Subject to federal regulations and Section 3 of the

Illinois Endangered Species Protection Act, the Department may

grant the authority to control species protected by this Code

pursuant to the issuance of a Nuisance Wildlife Control Permit

to:

(1) any person who is providing such service for a fee

or compensation;

(2) a governmental body; or

(3) a nonprofit or other charitable organization.

The Department shall set forth applicable regulations in

an Administrative Order and may require periodic reports

listing species taken, numbers of each species taken, dates

when taken, and other pertinent information.

Any person operating under a Nuisance Wildlife Control

Permit who subcontracts the operation of nuisance wildlife

control to another shall ensure that such subcontractor

possesses a valid Nuisance Wildlife Control Permit issued by

the Department. The person must maintain a record of the

subcontractor including the subcontractor's name, address, and

phone number, and type of work to be performed, for a period of

not less than 2 years from the date the subcontractor is no

longer performing services on behalf of the person. The

records shall be presented to an authorized employee of the

Department or law enforcement officer upon request for

inspection.

Any person operating without the required permit as

outlined under this subsection (b) or in violation of this

subsection (b) is deemed to be taking, attempting to take,

disturbing, or harassing wildlife contrary to the provisions

of this Code, including the taking or attempting to take such

species for commercial purposes as outlined in Sections 2.36

and 2.36a of this Code. Any devices and equipment, including

vehicles, used in violation of this subsection (b) may be

subject to the provisions of Section 1.25 of this Code.

(c) Except when operating under subsection (b) of this

Section, drainage districts district fur trapping unless

otherwise instructed by the Department district This authority

only extends to control of beavers. Any other protected

species must be controlled pursuant to subsection (b) or (c).

(c) The location of traps or snares authorized under this

Section, either by the Department or any other governmental

body with the authority to control species protected by this

Code, shall be exempt from the provisions of the Freedom of

Information Act.

(d) A drainage district or road district or the designee

of a drainage district or road district shall be exempt from

the requirement to obtain a permit to control nuisance

muskrats or beavers if all applicable provisions for licenses

are complied with and any trap types and sizes used are in

compliance with this Code Act, including marking or

identification. The designee of a drainage district or road

district must have a signed and dated written authorization

from the drainage district or road district in possession at

all times when conducting activities under this Section. This

exemption from obtaining a permit shall be valid only upon

property owned, leased, or controlled by the drainage district

or road district. For the purposes of this Section, "road

district" includes a township road district.

(Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23;

103-225, eff. 6-30-23; revised 8-28-23.)

(520 ILCS 5/3.5) (from Ch. 61, par. 3.5)

Sec. 3.5. Penalties; probation.

(a) Any person who violates any of the provisions of

Section 2.36a, including administrative rules, shall be guilty

of a Class 3 felony, except as otherwise provided in

subsection (b) of this Section and subsection (a) of Section

2.36a.

(b) Whenever any person who has not previously been

convicted of, or placed on probation or court supervision for,

any offense under Section 1.22, 2.36, or 2.36a, operating

without a permit as prescribed in subsection (b) of Section

2.37, or an offense under subsection (i) or (cc) of Section

2.33, the court may, without entering a judgment and with the

person's consent, sentence the person to probation for a

violation of Section 2.36a.

(1) When a person is placed on probation, the court

shall enter an order specifying a period of probation of

24 months and shall defer further proceedings in the case

until the conclusion of the period or until the filing of a

petition alleging violation of a term or condition of

probation.

(2) The conditions of probation shall be that the

person:

(A) Not violate any criminal statute of any

jurisdiction.

(B) Perform no less than 30 hours of community

service, provided community service is available in

the jurisdiction and is funded and approved by the

county board.

(3) The court may, in addition to other conditions:

(A) Require that the person make a report to and

appear in person before or participate with the court

or courts, person, or social service agency as

directed by the court in the order of probation.

(B) Require that the person pay a fine and costs.

(C) Require that the person refrain from

possessing a firearm or other dangerous weapon.

(D) Prohibit the person from associating with any

person who is actively engaged in any of the

activities regulated by the permits issued or

privileges granted by the Department of Natural

Resources.

(4) Upon violation of a term or condition of

probation, the court may enter a judgment on its original

finding of guilt and proceed as otherwise provided.

(5) Upon fulfillment of the terms and conditions of

probation, the court shall discharge the person and

dismiss the proceedings against the person.

(6) A disposition of probation is considered to be a

conviction for the purposes of imposing the conditions of

probation, for appeal, and for administrative revocation

and suspension of licenses and privileges; however,

discharge and dismissal under this Section is not a

conviction for purposes of disqualification or

disabilities imposed by law upon conviction of a crime.

(7) Discharge and dismissal under this Section may

occur only once with respect to any person.

(8) If a person is convicted of an offense under this

Act within 5 years subsequent to a discharge and dismissal

under this Section, the discharge and dismissal under this

Section shall be admissible in the sentencing proceeding

for that conviction as a factor in aggravation.

(9) The Circuit Clerk shall notify the Illinois State

Police of all persons convicted of or placed under

probation for violations of Section 2.36a.

(c) Any person who violates any of the provisions of

Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,

2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),

and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19,

3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),

(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection

(f)), including administrative rules, shall be guilty of a

Class B misdemeanor.

A person who violates Section 2.33b by using any computer

software or service to remotely control a weapon that takes

wildlife by remote operation is guilty of a Class B

misdemeanor. A person who violates Section 2.33b by

facilitating a violation of Section 2.33b, including an owner

of land in which remote control hunting occurs, a computer

programmer who designs a program or software to facilitate

remote control hunting, or a person who provides weapons or

equipment to facilitate remote control hunting, is guilty of a

Class A misdemeanor.

Any person who violates any of the provisions of Sections

1.22, 2.2a, 2.3, 2.4, 2.36, and 2.38, including administrative

rules, shall be guilty of a Class A misdemeanor. Any second or

subsequent violations of Sections 2.4 and 2.36 shall be a

Class 4 felony.

Any person who violates any of the provisions of this Act,

including administrative rules, during such period when his

license, privileges, or permit is revoked or denied by virtue

of Section 3.36, shall be guilty of a Class A misdemeanor.

Any person who violates subsection (g), (i), (o), (p),

(y), or (cc) of Section 2.33 shall be guilty of a Class A

misdemeanor and subject to a fine of no less than $500 and no

more than $5,000 in addition to other statutory penalties. In

addition, the Department shall suspend the privileges, under

this Act, of any person found guilty of violating subsection

(cc) of Section 2.33(cc) for a period of not less than one

year.

Any person who operates without a permit in violation of

subsection (b) of Section 2.37 is guilty of a Class A

misdemeanor and subject to a fine of not less than $500. Any

other violation of subsection (b) of Section 2.37, including

administrative rules, is a Class B misdemeanor.

Any person who violates any other of the provisions of

this Act including administrative rules, unless otherwise

stated, shall be guilty of a petty offense. Offenses committed

by minors under the direct control or with the consent of a

parent or guardian may subject the parent or guardian to the

penalties prescribed in this Section.

In addition to any fines imposed pursuant to the

provisions of this Section or as otherwise provided in this

Act, any person found guilty of unlawfully taking or

possessing any species protected by this Act, shall be

assessed a civil penalty for such species in accordance with

the values prescribed in Section 2.36a of this Act. This civil

penalty shall be imposed by the Circuit Court for the county

within which the offense was committed at the time of the

conviction. Any person found guilty of violating subsection

(b) of Section 2.37 is subject to an additional civil penalty

of up to $1,500. All penalties provided for in this Section

shall be remitted to the Department in accordance with the

same provisions provided for in Section 1.18 of this Act,

except that civil penalties collected for violation of

subsection Subsection (b) of Section 2.37 shall be remitted to

the Department and allocated as follows:

(1) 60% to the Conservation Police Operations

Assistance Fund; and

(2) 40% to the Illinois Habitat Fund.

(Source: P.A. 102-538, eff. 8-20-21; 103-37, eff. 6-9-23;

revised 9-26-23.)

Section 535. The Illinois Highway Code is amended by

changing Section 6-901 as follows:

(605 ILCS 5/6-901) (from Ch. 121, par. 6-901)

Sec. 6-901. Annually, the General Assembly shall

appropriate to the Department of Transportation from the Road

Fund road fund, the General Revenue Fund general revenue fund,

any other State funds, or a combination of those funds,

$60,000,000 for apportionment to counties for the use of road

districts for the construction of bridges 20 feet or more in

length, as provided in Sections 6-902 through 6-905.

The Department of Transportation shall apportion among the

several counties of this State for the use of road districts

the amounts appropriated under this Section. The amount

apportioned to a county shall be in the proportion which the

total mileage of township or district roads in the county

bears to the total mileage of all township and district roads

in the State. Each county shall allocate to the several road

districts in the county the funds so apportioned to the

county. The allocation to road districts shall be made in the

same manner and be subject to the same conditions and

qualifications as are provided by Section 8 of the "Motor Fuel

Tax Law", approved March 25, 1929, as amended, with respect to

the allocation to road districts of the amount allotted from

the Motor Fuel Tax Fund for apportionment to counties for the

use of road districts, but no allocation shall be made to any

road district that has not levied taxes for road and bridge

purposes and for bridge construction purposes at the maximum

rates permitted by Sections 6-501, 6-508, and 6-512 of this

Act, without referendum. "Road district" and "township or

district road" have the meanings ascribed to those terms in

this Act.

Road districts in counties in which a property tax

extension limitation is imposed under the Property Tax

Extension Limitation Law that are made ineligible for receipt

of this appropriation due to the imposition of a property tax

extension limitation may become eligible if, at the time the

property tax extension limitation was imposed, the road

district was levying at the required rate and continues to

levy the maximum allowable amount after the imposition of the

property tax extension limitation. The road district also

becomes eligible if it levies at or above the rate required for

eligibility by Section 8 of the Motor Fuel Tax Law.

The amounts apportioned under this Section for allocation

to road districts may be used only for bridge construction as

provided in this Division. So much of those amounts as are not

obligated under Sections 6-902 through 6-904 and for which

local funds have not been committed under Section 6-905 within

48 months of the date when such apportionment is made lapses

and shall not be paid to the county treasurer for distribution

to road districts.

(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)

Section 540. The Illinois Vehicle Code is amended by

changing Sections 2-119, 3-699.14, 6-103, 6-106.1, 6-118,

6-508.5, 7-315, 11-208.6, and 11-305 as follows:

(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)

Sec. 2-119. Disposition of fees and taxes.

(a) All moneys received from Salvage Certificates shall be

deposited in the Common School Fund in the State treasury

Treasury.

(b) Of the money collected for each certificate of title,

duplicate certificate of title, and corrected certificate of

title:

(1) $2.60 shall be deposited in the Park and

Conservation Fund;

(2) $0.65 shall be deposited in the Illinois Fisheries

Management Fund;

(3) $48 shall be disbursed under subsection (g) of

this Section;

(4) $4 shall be deposited into the Motor Vehicle

License Plate Fund;

(5) $30 shall be deposited into the Capital Projects

Fund; and

(6) $10 shall be deposited into the Secretary of State

Special Services Fund.

All remaining moneys collected for certificates of title,

and all moneys collected for filing of security interests,

shall be deposited in the General Revenue Fund.

The $20 collected for each delinquent vehicle registration

renewal fee shall be deposited into the General Revenue Fund.

The moneys deposited in the Park and Conservation Fund

under this Section shall be used for the acquisition and

development of bike paths as provided for in Section 805-420

of the Department of Natural Resources (Conservation) Law of

the Civil Administrative Code of Illinois. The moneys

deposited into the Park and Conservation Fund under this

subsection shall not be subject to administrative charges or

chargebacks, unless otherwise authorized by this Code.

If the balance in the Motor Vehicle License Plate Fund

exceeds $40,000,000 on the last day of a calendar month, then

during the next calendar month, the $4 that otherwise would be

deposited in that fund shall instead be deposited into the

Road Fund.

(c) All moneys collected for that portion of a driver's

license fee designated for driver education under Section

6-118 shall be placed in the Drivers Education Fund in the

State treasury Treasury.

(d) Of the moneys collected as a registration fee for each

motorcycle, motor driven cycle, and moped, 27% shall be

deposited in the Cycle Rider Safety Training Fund.

(e) (Blank).

(f) Of the total money collected for a commercial

learner's permit (CLP) or original or renewal issuance of a

commercial driver's license (CDL) pursuant to the Uniform

Commercial Driver's License Act (UCDLA): (i) $6 of the total

fee for an original or renewal CDL, and $6 of the total CLP fee

when such permit is issued to any person holding a valid

Illinois driver's license, shall be paid into the

CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License

Information System/American Association of Motor Vehicle

Administrators network/National Motor Vehicle Title

Information Service Trust Fund) and shall be used for the

purposes provided in Section 6z-23 of the State Finance Act

and (ii) $20 of the total fee for an original or renewal CDL or

CLP shall be paid into the Motor Carrier Safety Inspection

Fund, which is hereby created as a special fund in the State

treasury Treasury, to be used by the Illinois State Police,

subject to appropriation, to hire additional officers to

conduct motor carrier safety inspections pursuant to Chapter

18b of this Code.

(g) Of the moneys received by the Secretary of State as

registration fees or taxes, certificates of title, duplicate

certificates of title, corrected certificates of title, or as

payment of any other fee under this Code, when those moneys are

not otherwise distributed by this Code, 37% shall be deposited

into the State Construction Account Fund, and 63% shall be

deposited in the Road Fund. Moneys in the Road Fund shall be

used for the purposes provided in Section 8.3 of the State

Finance Act.

(h) (Blank).

(i) (Blank).

(j) (Blank).

(k) There is created in the State treasury Treasury a

special fund to be known as the Secretary of State Special

License Plate Fund. Money deposited into the Fund shall,

subject to appropriation, be used by the Office of the

Secretary of State (i) to help defray plate manufacturing and

plate processing costs for the issuance and, when applicable,

renewal of any new or existing registration plates authorized

under this Code and (ii) for grants made by the Secretary of

State to benefit Illinois Veterans Home libraries.

(l) The Motor Vehicle Review Board Fund is created as a

special fund in the State treasury Treasury. Moneys deposited

into the Fund under paragraph (7) of subsection (b) of Section

5-101 and Section 5-109 shall, subject to appropriation, be

used by the Office of the Secretary of State to administer the

Motor Vehicle Review Board, including, without limitation,

payment of compensation and all necessary expenses incurred in

administering the Motor Vehicle Review Board under the Motor

Vehicle Franchise Act.

(m) Effective July 1, 1996, there is created in the State

treasury Treasury a special fund to be known as the Family

Responsibility Fund. Moneys deposited into the Fund shall,

subject to appropriation, be used by the Office of the

Secretary of State for the purpose of enforcing the Illinois

Safety and Family Financial Responsibility Law.

(n) The Illinois Fire Fighters' Memorial Fund is created

as a special fund in the State treasury Treasury. Moneys

deposited into the Fund shall, subject to appropriation, be

used by the Office of the State Fire Marshal for construction

of the Illinois Fire Fighters' Memorial to be located at the

State Capitol grounds in Springfield, Illinois. Upon the

completion of the Memorial, moneys in the Fund shall be used in

accordance with Section 3-634.

(o) Of the money collected for each certificate of title

for all-terrain vehicles and off-highway motorcycles, $17

shall be deposited into the Off-Highway Vehicle Trails Fund.

(p) For audits conducted on or after July 1, 2003 pursuant

to Section 2-124(d) of this Code, 50% of the money collected as

audit fees shall be deposited into the General Revenue Fund.

(q) Beginning July 1, 2023, the additional fees imposed by

Public Act 103-8 this amendatory Act of the 103rd General

Assembly in Sections 2-123, 3-821, and 6-118 shall be

deposited into the Secretary of State Special Services Fund.

(Source: P.A. 102-538, eff. 8-20-21; 103-8, eff. 7-1-23;

revised 9-25-23.)

(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) 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) 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) 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.

(16) The Department of Agriculture for Future Farmers

of America decals.

(A) Original issuance: $25; with $10 to the Future

Farmers of America Fund and $15 to the Secretary of

State Special License Plate Fund.

(B) Renewal: $25; with $23 to the Future Farmers

of America Fund and $2 to the Secretary of State

Special License Plate Fund.

(17) The Illinois Department of Public Health for

autism awareness decals that are designed with input from

autism advocacy organizations.

(A) Original issuance: $25; with $10 to the Autism

Awareness Fund and $15 to the Secretary of State

Special License Plate Fund.

(B) Renewal: $25; with $23 to the Autism Awareness

Fund and $2 to the Secretary of State Special License

Plate Fund.

(18) (17) The Department of Natural Resources for Lyme

disease research decals.

(A) Original issuance: $25; with $10 to the Tick

Research, Education, and Evaluation Fund and $15 to

the Secretary of State Special License Plate Fund.

(B) Renewal: $25; with $23 to the Tick Research,

Education, and Evaluation Fund and $2 to the Secretary

of State Special License Plate Fund.

(19) (17) The IBEW Thank a Line Worker decal.

(A) Original issuance: $15, which shall be

deposited into the Secretary of State Special License

Plate Fund.

(B) Renewal: $2, which shall be deposited into 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) 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) 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) 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.

(14) The Future Farmers of America Fund. All money in

the Future Farmers of America Fund shall be paid as grants

to the Illinois Association of Future Farmers of America.

(15) The Tick Research, Education, and Evaluation

Fund. All money in the Tick Research, Education, and

Evaluation Fund shall be paid as grants to the Illinois

Lyme Association.

(Source: P.A. 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; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112,

eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24;

revised 12-15-23.)

(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)

Sec. 6-103. What persons shall not be licensed as drivers

or granted permits. The Secretary of State shall not issue,

renew, or allow the retention of any driver's license nor

issue any permit under this Code:

1. To any person, as a driver, who is under the age of

18 years except as provided in Section 6-107, and except

that an instruction permit may be issued under Section

6-107.1 to a child who is not less than 15 years of age if

the child is enrolled in an approved driver education

course as defined in Section 1-103 of this Code and

requires an instruction permit to participate therein,

except that an instruction permit may be issued under the

provisions of Section 6-107.1 to a child who is 17 years

and 3 months of age without the child having enrolled in an

approved driver education course and except that an

instruction permit may be issued to a child who is at least

15 years and 3 months of age, is enrolled in school, meets

the educational requirements of the Driver Education Act,

and has passed examinations the Secretary of State in his

or her discretion may prescribe;

1.5. To any person at least 18 years of age but less

than 21 years of age unless the person has, in addition to

any other requirements of this Code, successfully

completed an adult driver education course as provided in

Section 6-107.5 of this Code;

2. To any person who is under the age of 18 as an

operator of a motorcycle other than a motor driven cycle

unless the person has, in addition to meeting the

provisions of Section 6-107 of this Code, successfully

completed a motorcycle training course approved by the

Illinois Department of Transportation;

3. To any person, as a driver, whose driver's license

or permit has been suspended, during the suspension, nor

to any person whose driver's license or permit has been

revoked, except as provided in Sections 6-205, 6-206, and

6-208;

4. To any person, as a driver, who is a user of alcohol

or any other drug to a degree that renders the person

incapable of safely driving a motor vehicle;

5. To any person, as a driver, who has previously been

adjudged to be afflicted with or suffering from any mental

or physical disability or disease and who has not at the

time of application been restored to competency by the

methods provided by law;

6. To any person, as a driver, who is required by the

Secretary of State to submit an alcohol and drug

evaluation or take an examination provided for in this

Code unless the person has successfully passed the

examination and submitted any required evaluation;

7. To any person who is required under the provisions

of the laws of this State to deposit security or proof of

financial responsibility and who has not deposited the

security or proof;

8. To any person when the Secretary of State has good

cause to believe that the person by reason of physical or

mental disability would not be able to safely operate a

motor vehicle upon the highways, unless the person shall

furnish to the Secretary of State a verified written

statement, acceptable to the Secretary of State, from a

competent medical specialist, a licensed physician

assistant, or a licensed advanced practice registered

nurse, to the effect that the operation of a motor vehicle

by the person would not be inimical to the public safety;

9. To any person, as a driver, who is 69 years of age

or older, unless the person has successfully complied with

the provisions of Section 6-109;

10. To any person convicted, within 12 months of

application for a license, of any of the sexual offenses

enumerated in paragraph 2 of subsection (b) of Section

6-205;

11. To any person who is under the age of 21 years with

a classification prohibited in paragraph (b) of Section

6-104 and to any person who is under the age of 18 years

with a classification prohibited in paragraph (c) of

Section 6-104;

12. To any person who has been either convicted of or

adjudicated under the Juvenile Court Act of 1987 based

upon a violation of the Cannabis Control Act, the Illinois

Controlled Substances Act, or the Methamphetamine Control

and Community Protection Act while that person was in

actual physical control of a motor vehicle. For purposes

of this Section, any person placed on probation under

Section 10 of the Cannabis Control Act, Section 410 of the

Illinois Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act shall

not be considered convicted. Any person found guilty of

this offense, while in actual physical control of a motor

vehicle, shall have an entry made in the court record by

the judge that this offense did occur while the person was

in actual physical control of a motor vehicle and order

the clerk of the court to report the violation to the

Secretary of State as such. The Secretary of State shall

not issue a new license or permit for a period of one year;

13. To any person who is under the age of 18 years and

who has committed the offense of operating a motor vehicle

without a valid license or permit in violation of Section

6-101 or a similar out-of-state out of state offense;

14. To any person who is 90 days or more delinquent in

court ordered child support payments or has been

adjudicated in arrears in an amount equal to 90 days'

obligation or more and who has been found in contempt of

court for failure to pay the support, subject to the

requirements and procedures of Article VII of Chapter 7 of

the Illinois Vehicle Code;

14.5. To any person certified by the Illinois

Department of Healthcare and Family Services as being 90

days or more delinquent in payment of support under an

order of support entered by a court or administrative body

of this or any other State, subject to the requirements

and procedures of Article VII of Chapter 7 of this Code

regarding those certifications;

15. To any person released from a term of imprisonment

for violating Section 9-3 of the Criminal Code of 1961 or

the Criminal Code of 2012, or a similar provision of a law

of another state relating to reckless homicide or for

violating subparagraph (F) of paragraph (1) of subsection

(d) of Section 11-501 of this Code relating to aggravated

driving under the influence of alcohol, other drug or

drugs, intoxicating compound or compounds, or any

combination thereof, if the violation was the proximate

cause of a death, within 24 months of release from a term

of imprisonment;

16. To any person who, with intent to influence any

act related to the issuance of any driver's license or

permit, by an employee of the Secretary of State's Office,

or the owner or employee of any commercial driver training

school licensed by the Secretary of State, or any other

individual authorized by the laws of this State to give

driving instructions or administer all or part of a

driver's license examination, promises or tenders to that

person any property or personal advantage which that

person is not authorized by law to accept. Any persons

promising or tendering such property or personal advantage

shall be disqualified from holding any class of driver's

license or permit for 120 consecutive days. The Secretary

of State shall establish by rule the procedures for

implementing this period of disqualification and the

procedures by which persons so disqualified may obtain

administrative review of the decision to disqualify;

17. To any person for whom the Secretary of State

cannot verify the accuracy of any information or

documentation submitted in application for a driver's

license;

18. To any person who has been adjudicated under the

Juvenile Court Act of 1987 based upon an offense that is

determined by the court to have been committed in

furtherance of the criminal activities of an organized

gang, as provided in Section 5-710 of that Act, and that

involved the operation or use of a motor vehicle or the use

of a driver's license or permit. The person shall be

denied a license or permit for the period determined by

the court; or

19. To any person who holds a REAL ID compliant

identification card or REAL ID compliant Person with a

Disability Identification Card issued under the Illinois

Identification Card Act. Any such person may, at his or

her discretion, surrender the REAL ID compliant

identification card or REAL ID compliant Person with a

Disability Identification Card in order to become eligible

to obtain a REAL ID compliant driver's license.

The Secretary of State shall retain all conviction

information, if the information is required to be held

confidential under the Juvenile Court Act of 1987.

(Source: P.A. 103-162, eff. 1-1-24; revised 1-2-24.)

(625 ILCS 5/6-106.1)

Sec. 6-106.1. School bus driver permit.

(a) The Secretary of State shall issue a school bus driver

permit for the operation of first or second division vehicles

being operated as school buses or a permit valid only for the

operation of first division vehicles being operated as school

buses 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 fingerprint based criminal background checks

on current and future information available in the State 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 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 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 first division or second

division 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; (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 a crash 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.

(a-5) If an applicant's driver's license has been

suspended within the 3 years immediately prior to the date of

application for the sole reason of failure to pay child

support, that suspension shall not bar the applicant from

receiving a school bus driver permit.

(a-10) (a-5) By January 1, 2024, the Secretary of State,

in conjunction with the Illinois State Board of Education,

shall develop a separate classroom course and refresher course

for operation of vehicles of the first division being operated

as school buses. Regional superintendents of schools, working

with the Illinois State Board of Education, shall offer the

course.

(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 work shift 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; 102-726, eff.

1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1130,

eff. 7-1-23; revised 9-19-23.)

(625 ILCS 5/6-118)

Sec. 6-118. Fees.

(a) The fees for licenses and permits under this Article

are as follows:

Original driver's license.............................$30

Original or renewal driver's license

issued to 18, 19, and 20 year olds................. $5

All driver's licenses for persons

age 69 through age 80.............................. $5

All driver's licenses for persons

age 81 through age 86.............................. $2

All driver's licenses for persons

age 87 or older....................................$0

Renewal driver's license (except for

applicants ages 18, 19, and 20 or

age 69 and older).................................$30

Original instruction permit issued to

persons (except those age 69 and older)

who do not hold or have not previously

held an Illinois instruction permit or

driver's license.................................. $20

Instruction permit issued to any person

holding an Illinois driver's license

who wishes a change in classifications,

other than at the time of renewal.................. $5

Any instruction permit issued to a person

age 69 and older................................... $5

Instruction permit issued to any person,

under age 69, not currently holding a

valid Illinois driver's license or

instruction permit but who has

previously been issued either document

in Illinois....................................... $10

Restricted driving permit.............................. $8

Monitoring device driving permit...................... $8

Duplicate or corrected driver's license

or permit.......................................... $5

Duplicate or corrected restricted

driving permit..................................... $5

Duplicate or corrected monitoring

device driving permit.................................. $5

Duplicate driver's license or permit issued to

an active-duty member of the

United States Armed Forces,

the member's spouse, or

the dependent children living

with the member................................... $0

Original or renewal M or L endorsement................. $5

SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE

The fees for commercial driver licenses and permits

under Article V shall be as follows:

Commercial driver's license:

$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund

(Commercial Driver's License Information

System/American Association of Motor Vehicle

Administrators network/National Motor Vehicle

Title Information Service Trust Fund);

$20 for the Motor Carrier Safety Inspection Fund;

$10 for the driver's license;

and $24 for the CDL:............................. $60

Renewal commercial driver's license:

$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;

$20 for the Motor Carrier Safety Inspection Fund;

$10 for the driver's license; and

$24 for the CDL:................................. $60

Commercial learner's permit

issued to any person holding a valid

Illinois driver's license for the

purpose of changing to a

CDL classification:

$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;

$20 for the Motor Carrier Safety Inspection Fund; and

$24 for the CDL classification................... $50

Commercial learner's permit

issued to any person holding a valid

Illinois CDL for the purpose of

making a change in a classification,

endorsement or restriction........................ $5

CDL duplicate or corrected license.................... $5

In order to ensure the proper implementation of the

Uniform Commercial Driver License Act, Article V of this

Chapter, the Secretary of State is empowered to prorate the

$24 fee for the commercial driver's license proportionate to

the expiration date of the applicant's Illinois driver's

license.

The fee for any duplicate license or permit shall be

waived for any person who presents the Secretary of State's

office with a police report showing that his license or permit

was stolen.

The fee for any duplicate license or permit shall be

waived for any person age 60 or older whose driver's license or

permit has been lost or stolen.

No additional fee shall be charged for a driver's license,

or for a commercial driver's license, when issued to the

holder of an instruction permit for the same classification or

type of license who becomes eligible for such license.

The fee for a restricted driving permit under this

subsection (a) shall be imposed annually until the expiration

of the permit.

(a-5) The fee for a driver's record or data contained

therein is $20 and shall be disbursed as set forth in

subsection (k) of Section 2-123 of this Code.

(b) Any person whose license or privilege to operate a

motor vehicle in this State has been suspended or revoked

under Section 3-707, any provision of Chapter 6, Chapter 11,

or Section 7-205, 7-303, or 7-702 of the Illinois Safety and

Family Financial Responsibility Law of this Code, shall in

addition to any other fees required by this Code, pay a

reinstatement fee as follows:

Suspension under Section 3-707..................... $100

Suspension under Section 11-1431....................$100

Summary suspension under Section 11-501.1...........$250

Suspension under Section 11-501.9...................$250

Summary revocation under Section 11-501.1............$500

Other suspension......................................$70

Revocation...........................................$500

However, any person whose license or privilege to operate

a motor vehicle in this State has been suspended or revoked for

a second or subsequent time for a violation of Section 11-501,

11-501.1, or 11-501.9 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

and each suspension or revocation was for a violation of

Section 11-501, 11-501.1, or 11-501.9 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 shall pay, in addition to any

other fees required by this Code, a reinstatement fee as

follows:

Summary suspension under Section 11-501.1............$500

Suspension under Section 11-501.9...................$500

Summary revocation under Section 11-501.1............$500

Revocation...........................................$500

(c) All fees collected under the provisions of this

Chapter 6 shall be disbursed under subsection (g) of Section

2-119 of this Code, except as follows:

1. The following amounts shall be paid into the

Drivers Education Fund:

(A) $16 of the $20 fee for an original driver's

instruction permit;

(B) $5 of the $30 fee for an original driver's

license;

(C) $5 of the $30 fee for a 4 year renewal driver's

license;

(D) $4 of the $8 fee for a restricted driving

permit; and

(E) $4 of the $8 fee for a monitoring device

driving permit.

2. $30 of the $250 fee for reinstatement of a license

summarily suspended under Section 11-501.1 or suspended

under Section 11-501.9 shall be deposited into the Drunk

and Drugged Driving Prevention Fund. However, for a person

whose license or privilege to operate a motor vehicle in

this State has been suspended or revoked for a second or

subsequent time for a violation of Section 11-501,

11-501.1, or 11-501.9 of this Code or Section 9-3 of the

Criminal Code of 1961 or the Criminal Code of 2012, $190 of

the $500 fee for reinstatement of a license summarily

suspended under Section 11-501.1 or suspended under

Section 11-501.9, and $190 of the $500 fee for

reinstatement of a revoked license shall be deposited into

the Drunk and Drugged Driving Prevention Fund. $190 of the

$500 fee for reinstatement of a license summarily revoked

pursuant to Section 11-501.1 shall be deposited into the

Drunk and Drugged Driving Prevention Fund.

3. $6 of the original or renewal fee for a commercial

driver's license and $6 of the commercial learner's permit

fee when the permit is issued to any person holding a valid

Illinois driver's license, shall be paid into the

CDLIS/AAMVAnet/NMVTIS Trust Fund.

4. $30 of the $70 fee for reinstatement of a license

suspended under the Illinois Safety and Family Financial

Responsibility Law shall be paid into the Family

Responsibility Fund.

5. The $5 fee for each original or renewal M or L

endorsement shall be deposited into the Cycle Rider Safety

Training Fund.

6. $20 of any original or renewal fee for a commercial

driver's license or commercial learner's permit shall be

paid into the Motor Carrier Safety Inspection Fund.

7. The following amounts shall be paid into the

General Revenue Fund:

(A) $190 of the $250 reinstatement fee for a

summary suspension under Section 11-501.1 or a

suspension under Section 11-501.9;

(B) $40 of the $70 reinstatement fee for any other

suspension provided in subsection (b) of this Section;

and

(C) $440 of the $500 reinstatement fee for a first

offense revocation and $310 of the $500 reinstatement

fee for a second or subsequent revocation.

8. Fees collected under paragraph (4) of subsection

(d) and subsection (h) of Section 6-205 of this Code;

subparagraph (C) of paragraph 3 of subsection (c) of

Section 6-206 of this Code; and paragraph (4) of

subsection (a) of Section 6-206.1 of this Code, shall be

paid into the funds set forth in those Sections.

(d) All of the proceeds of the additional fees imposed by

this amendatory Act of the 96th General Assembly shall be

deposited into the Capital Projects Fund.

(e) The additional fees imposed by this amendatory Act of

the 96th General Assembly shall become effective 90 days after

becoming law. The additional fees imposed by this amendatory

Act of the 103rd General Assembly shall become effective July

1, 2023 and shall be paid into the Secretary of State Special

Services Fund.

(f) As used in this Section, "active-duty member of the

United States Armed Forces" means a member of the Armed

Services or Reserve Forces of the United States or a member of

the Illinois National Guard who is called to 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.

(Source: P.A. 103-8, eff. 7-1-23; revised 9-26-23.)

(625 ILCS 5/6-508.5)

Sec. 6-508.5. Drug and alcohol clearinghouse.

(a) No driver who has engaged in conduct prohibited by

subpart B of 49 CFR 382 shall perform safety-sensitive

functions, including driving a commercial motor vehicle,

unless the driver has met the return-to-duty return to duty

requirements of subpart O of 49 CFR 40 and, if the driver's CDL

or CLP was canceled, has had the CDL or CLP reinstated.

(b) By applying for a CDL or CLP, a driver is deemed to

have consented to the release of information from the drug and

alcohol clearinghouse to the Secretary of State.

(c) No later than November 18, 2024, the Secretary shall

request information from the drug and alcohol clearinghouse

for all applicants applying for an initial, renewal, transfer,

or upgraded CDL or CLP. If the Secretary receives notification

that pursuant to 49 CFR 382.503 the applicant is prohibited

from operating a commercial motor vehicle, the Secretary shall

not issue, renew, transfer, or upgrade a CDL or CLP.

(d) No later than November 18, 2024, the Secretary must,

upon receiving notification from the drug and alcohol

clearinghouse that a holder of a CDL or CLP is prohibited from

operating a commercial motor vehicle, cancel the CDL or CLP.

The cancellation must be completed and recorded on the CDLIS

driver record within 60 days after the State's receipt of such

a notification. Upon notification from the Federal Motor

Carrier Safety Administration that a driver has completed the

return-to-duty process, the Secretary may reinstate the

driver's CDL or CLP privileges.

(e) Upon notification from the Federal Motor Carrier

Safety Administration that a violation was entered into the

drug and alcohol clearinghouse erroneously, the Secretary

shall reinstate the driver's CDL or CLP privileges and remove

the cancellation from the driving record.

(Source: P.A. 103-179, eff. 6-30-23; revised 9-26-23.)

(625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315)

Sec. 7-315. Certificate A certificate of insurance proof.

(a) Proof of financial responsibility may be made by

filing with the Secretary of State the electronic certificate

of any insurance carrier duly authorized to do business in

this State, certifying that it has issued to or for the benefit

of the person furnishing such proof and named as the insured in

a motor vehicle liability policy, a motor vehicle liability

policy or policies or in certain events an operator's policy

meeting the requirements of this Code and that said policy or

policies are then in full force and effect. All electronic

certificates must be submitted in a manner satisfactory to the

Secretary of State.

(b) Such certificate or certificates shall give the dates

of issuance and expiration of such policy or policies and

certify that the same shall not be canceled unless 15 days'

prior electronic notice thereof be given to the Secretary of

State and shall explicitly describe all motor vehicles covered

thereby unless the policy or policies are issued to a person

who is not the owner of a motor vehicle.

(c) The Secretary of State shall not accept any

certificate or certificates unless the same shall cover all

motor vehicles then registered in this State in the name of the

person furnishing such proof as owner and an additional

certificate or certificates shall be required as a condition

precedent to the subsequent registration of any motor vehicle

or motor vehicles in the name of the person giving such proof

as owner.

(Source: P.A. 103-179, eff. 6-30-23; revised 9-26-23.)

(625 ILCS 5/11-208.6)

Sec. 11-208.6. Automated traffic law enforcement system.

(a) As used in this Section, "automated traffic law

enforcement system" means a device with one or more motor

vehicle sensors working in conjunction with a red light signal

to produce recorded images of motor vehicles entering an

intersection against a red signal indication in violation of

Section 11-306 of this Code or a similar provision of a local

ordinance.

An automated traffic law enforcement system is a system,

in a municipality or county operated by a governmental agency,

that produces a recorded image of a motor vehicle's violation

of a provision of this Code or a local ordinance and is

designed to obtain a clear recorded image of the vehicle and

the vehicle's license plate. The recorded image must also

display the time, date, and location of the violation.

(b) As used in this Section, "recorded images" means

images recorded by an automated traffic law enforcement system

on:

(1) 2 or more photographs;

(2) 2 or more microphotographs;

(3) 2 or more electronic images; or

(4) a video recording showing the motor vehicle and,

on at least one image or portion of the recording, clearly

identifying the registration plate or digital registration

plate number of the motor vehicle.

(b-5) A municipality or county that produces a recorded

image of a motor vehicle's violation of a provision of this

Code or a local ordinance must make the recorded images of a

violation accessible to the alleged violator by providing the

alleged violator with a website address, accessible through

the Internet.

(c) Except as provided under Section 11-208.8 of this

Code, a county or municipality, including a home rule county

or municipality, may not use an automated traffic law

enforcement system to provide recorded images of a motor

vehicle for the purpose of recording its speed. Except as

provided under Section 11-208.8 of this Code, the regulation

of the use of automated traffic law enforcement systems to

record vehicle speeds is an exclusive power and function of

the State. This subsection (c) is a denial and limitation of

home rule powers and functions under subsection (h) of Section

6 of Article VII of the Illinois Constitution.

(c-5) A county or municipality, including a home rule

county or municipality, may not use an automated traffic law

enforcement system to issue violations in instances where the

motor vehicle comes to a complete stop and does not enter the

intersection, as defined by Section 1-132 of this Code, during

the cycle of the red signal indication unless one or more

pedestrians or bicyclists are present, even if the motor

vehicle stops at a point past a stop line or crosswalk where a

driver is required to stop, as specified in subsection (c) of

Section 11-306 of this Code or a similar provision of a local

ordinance.

(c-6) A county, or a municipality with less than 2,000,000

inhabitants, including a home rule county or municipality, may

not use an automated traffic law enforcement system to issue

violations in instances where a motorcyclist enters an

intersection against a red signal indication when the red

signal fails to change to a green signal within a reasonable

period of time not less than 120 seconds because of a signal

malfunction or because the signal has failed to detect the

arrival of the motorcycle due to the motorcycle's size or

weight.

(d) For each violation of a provision of this Code or a

local ordinance recorded by an automatic traffic law

enforcement system, the county or municipality having

jurisdiction shall issue a written notice of the violation to

the registered owner of the vehicle as the alleged violator.

The notice shall be delivered to the registered owner of the

vehicle, by mail, within 30 days after the Secretary of State

notifies the municipality or county of the identity of the

owner of the vehicle, but in no event later than 90 days after

the violation.

The notice shall include:

(1) the name and address of the registered owner of

the vehicle;

(2) the registration number of the motor vehicle

involved in the violation;

(3) the violation charged;

(4) the location where the violation occurred;

(5) the date and time of the violation;

(6) a copy of the recorded images;

(7) the amount of the civil penalty imposed and the

requirements of any traffic education program imposed and

the date by which the civil penalty should be paid and the

traffic education program should be completed;

(8) a statement that recorded images are evidence of a

violation of a red light signal;

(9) a warning that failure to pay the civil penalty,

to complete a required traffic education program, or to

contest liability in a timely manner is an admission of

liability;

(10) a statement that the person may elect to proceed

by:

(A) paying the fine, completing a required traffic

education program, or both; or

(B) challenging the charge in court, by mail, or

by administrative hearing; and

(11) a website address, accessible through the

Internet, where the person may view the recorded images of

the violation.

(e) (Blank).

(f) Based on inspection of recorded images produced by an

automated traffic law enforcement system, a notice alleging

that the violation occurred shall be evidence of the facts

contained in the notice and admissible in any proceeding

alleging a violation under this Section.

(g) Recorded images made by an automatic traffic law

enforcement system are confidential and shall be made

available only to the alleged violator and governmental and

law enforcement agencies for purposes of adjudicating a

violation of this Section, for statistical purposes, or for

other governmental purposes. Any recorded image evidencing a

violation of this Section, however, may be admissible in any

proceeding resulting from the issuance of the citation.

(h) The court or hearing officer may consider in defense

of a violation:

(1) that the motor vehicle or registration plates or

digital registration plates of the motor vehicle were

stolen before the violation occurred and not under the

control of or in the possession of the owner or lessee at

the time of the violation;

(1.5) that the motor vehicle was hijacked before the

violation occurred and not under the control of or in the

possession of the owner or lessee at the time of the

violation;

(2) that the driver of the vehicle passed through the

intersection when the light was red either (i) in order to

yield the right-of-way to an emergency vehicle or (ii) as

part of a funeral procession; and

(3) any other evidence or issues provided by municipal

or county ordinance.

(i) To demonstrate that the motor vehicle was hijacked or

the motor vehicle or registration plates or digital

registration plates were stolen before the violation occurred

and were not under the control or possession of the owner or

lessee at the time of the violation, the owner or lessee must

submit proof that a report concerning the motor vehicle or

registration plates was filed with a law enforcement agency in

a timely manner.

(j) Unless the driver of the motor vehicle received a

Uniform Traffic Citation from a police officer at the time of

the violation, the motor vehicle owner is subject to a civil

penalty not exceeding $100 or the completion of a traffic

education program, or both, plus an additional penalty of not

more than $100 for failure to pay the original penalty or to

complete a required traffic education program, or both, in a

timely manner, if the motor vehicle is recorded by an

automated traffic law enforcement system. A violation for

which a civil penalty is imposed under this Section is not a

violation of a traffic regulation governing the movement of

vehicles and may not be recorded on the driving record of the

owner of the vehicle.

(j-3) A registered owner who is a holder of a valid

commercial driver's license is not required to complete a

traffic education program.

(j-5) For purposes of the required traffic education

program only, a registered owner may submit an affidavit to

the court or hearing officer swearing that at the time of the

alleged violation, the vehicle was in the custody and control

of another person. The affidavit must identify the person in

custody and control of the vehicle, including the person's

name and current address. The person in custody and control of

the vehicle at the time of the violation is required to

complete the required traffic education program. If the person

in custody and control of the vehicle at the time of the

violation completes the required traffic education program,

the registered owner of the vehicle is not required to

complete a traffic education program.

(k) An intersection equipped with an automated traffic law

enforcement system must be posted with a sign visible to

approaching traffic indicating that the intersection is being

monitored by an automated traffic law enforcement system and

informing drivers whether, following a stop, a right turn at

the intersection is permitted or prohibited.

(k-3) A municipality or county that has one or more

intersections equipped with an automated traffic law

enforcement system must provide notice to drivers by posting

the locations of automated traffic law systems on the

municipality or county website.

(k-5) An intersection equipped with an automated traffic

law enforcement system must have a yellow change interval that

conforms with the Illinois Manual on Uniform Traffic Control

Devices (IMUTCD) published by the Illinois Department of

Transportation. Beginning 6 months before it installs an

automated traffic law enforcement system at an intersection, a

county or municipality may not change the yellow change

interval at that intersection.

(k-7) A municipality or county operating an automated

traffic law enforcement system shall conduct a statistical

analysis to assess the safety impact of each automated traffic

law enforcement system at an intersection following

installation of the system and every 2 years thereafter. Each

statistical analysis shall be based upon the best available

crash, traffic, and other data, and shall cover a period of

time before and after installation of the system sufficient to

provide a statistically valid comparison of safety impact.

Each statistical analysis shall be consistent with

professional judgment and acceptable industry practice. Each

statistical analysis also shall be consistent with the data

required for valid comparisons of before and after conditions

and shall be conducted within a reasonable period following

the installation of the automated traffic law enforcement

system. Each statistical analysis required by this subsection

(k-7) shall be made available to the public and shall be

published on the website of the municipality or county. If a

statistical analysis 36-month indicates that there has been an

increase in the rate of crashes at the approach to the

intersection monitored by the system, the municipality or

county shall undertake additional studies to determine the

cause and severity of the crashes, and may take any action that

it determines is necessary or appropriate to reduce the number

or severity of the crashes at that intersection.

(k-8) Any municipality or county operating an automated

traffic law enforcement system before July 28, 2023 (the

effective date of Public Act 103-364) this amendatory Act of

the 103rd General Assembly shall conduct a statistical

analysis to assess the safety impact of each automated traffic

law enforcement system at an intersection by no later than one

year after July 28, 2023 (the effective date of Public Act

103-364) this amendatory Act of the 103rd General Assembly and

every 2 years thereafter. The statistical analyses shall be

based upon the best available crash, traffic, and other data,

and shall cover a period of time before and after installation

of the system sufficient to provide a statistically valid

comparison of safety impact. The statistical analyses shall be

consistent with professional judgment and acceptable industry

practice. The statistical analyses also shall be consistent

with the data required for valid comparisons of before and

after conditions. The statistical analyses required by this

subsection shall be made available to the public and shall be

published on the website of the municipality or county. If the

statistical analysis for any period following installation of

the system indicates that there has been an increase in the

rate of accidents at the approach to the intersection

monitored by the system, the municipality or county shall

undertake additional studies to determine the cause and

severity of the accidents, and may take any action that it

determines is necessary or appropriate to reduce the number or

severity of the accidents at that intersection.

(l) The compensation paid for an automated traffic law

enforcement system must be based on the value of the equipment

or the services provided and may not be based on the number of

traffic citations issued or the revenue generated by the

system.

(l-1) No member of the General Assembly and no officer or

employee of a municipality or county shall knowingly accept

employment or receive compensation or fees for services from a

vendor that provides automated traffic law enforcement system

equipment or services to municipalities or counties. No former

member of the General Assembly shall, within a period of 2

years immediately after the termination of service as a member

of the General Assembly, knowingly accept employment or

receive compensation or fees for services from a vendor that

provides automated traffic law enforcement system equipment or

services to municipalities or counties. No former officer or

employee of a municipality or county shall, within a period of

2 years immediately after the termination of municipal or

county employment, knowingly accept employment or receive

compensation or fees for services from a vendor that provides

automated traffic law enforcement system equipment or services

to municipalities or counties.

(m) This Section applies only to the counties of Cook,

DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and

to municipalities located within those counties.

(n) The fee for participating in a traffic education

program under this Section shall not exceed $25.

A low-income individual required to complete a traffic

education program under this Section who provides proof of

eligibility for the federal earned income tax credit under

Section 32 of the Internal Revenue Code or the Illinois earned

income tax credit under Section 212 of the Illinois Income Tax

Act shall not be required to pay any fee for participating in a

required traffic education program.

(o) (Blank).

(p) No person who is the lessor of a motor vehicle pursuant

to a written lease agreement shall be liable for an automated

speed or traffic law enforcement system violation involving

such motor vehicle during the period of the lease; provided

that upon the request of the appropriate authority received

within 120 days after the violation occurred, the lessor

provides within 60 days after such receipt the name and

address of the lessee.

Upon the provision of information by the lessor pursuant

to this subsection, the county or municipality may issue the

violation to the lessee of the vehicle in the same manner as it

would issue a violation to a registered owner of a vehicle

pursuant to this Section, and the lessee may be held liable for

the violation.

(q) If a county or municipality selects a new vendor for

its automated traffic law enforcement system and must, as a

consequence, apply for a permit, approval, or other

authorization from the Department for reinstallation of one or

more malfunctioning components of that system and if, at the

time of the application for the permit, approval, or other

authorization, the new vendor operates an automated traffic

law enforcement system for any other county or municipality in

the State, then the Department shall approve or deny the

county or municipality's application for the permit, approval,

or other authorization within 90 days after its receipt.

(r) The Department may revoke any permit, approval, or

other authorization granted to a county or municipality for

the placement, installation, or operation of an automated

traffic law enforcement system if any official or employee who

serves that county or municipality is charged with bribery,

official misconduct, or a similar crime related to the

placement, installation, or operation of the automated traffic

law enforcement system in the county or municipality.

The Department shall adopt any rules necessary to

implement and administer this subsection. The rules adopted by

the Department shall describe the revocation process, shall

ensure that notice of the revocation is provided, and shall

provide an opportunity to appeal the revocation. Any county or

municipality that has a permit, approval, or other

authorization revoked under this subsection may not reapply

for such a permit, approval, or other authorization for a

period of one 1 year after the revocation.

(s) If an automated traffic law enforcement system is

removed or rendered inoperable due to construction, then the

Department shall authorize the reinstallation or use of the

automated traffic law enforcement system within 30 days after

the construction is complete.

(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;

103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised

1-30-24.)

(625 ILCS 5/11-305) (from Ch. 95 1/2, par. 11-305)

Sec. 11-305. Obedience to and required traffic-control

devices.

(a) The driver of any vehicle shall obey the instructions

of any official traffic-control device applicable thereto

placed or held in accordance with the provisions of this Act,

unless otherwise directed by a police officer, subject to the

exceptions granted the driver of an authorized emergency

vehicle in this Act.

(b) It is unlawful for any person to leave the roadway and

travel across private property to avoid an official

traffic-control traffic control device.

(c) No provision of this Act for which official

traffic-control devices are required shall be enforced against

an alleged violator if at the time and place of the alleged

violation an official device is not in proper position and

sufficiently legible to be seen by an ordinarily observant

person. Whenever a particular section does not state that

official traffic-control devices are required, such section

shall be effective even though no devices are erected or in

place.

(d) Whenever any official traffic-control device is placed

or held in position approximately conforming to the

requirements of this Act and purports to conform to the lawful

requirements pertaining to such device, such device shall be

presumed to have been so placed or held by the official act or

direction of lawful authority, and comply with the

requirements of this Act, unless the contrary shall be

established by competent evidence.

(e) The driver of a vehicle approaching a traffic control

signal on which no signal light facing such vehicle is

illuminated shall stop before entering the intersection in

accordance with rules applicable in making a stop at a stop

sign. This provision does not apply to the driver of a vehicle

approaching a pedestrian hybrid beacon.

(f) Any violation of subsection (a) that occurs within a

designated highway construction zone or maintenance zone shall

result in a fine of no less than $100 and no more than $1,000.

(Source: P.A. 103-158, eff. 1-1-24; revised 1-2-24.)

Section 545. The Public-Private Partnerships for

Transportation Act is amended by changing Section 19 as

follows:

(630 ILCS 5/19)

Sec. 19. Unsolicited proposals.

(a) A responsible public entity may receive unsolicited

proposals for a project and may thereafter enter into a

public-private agreement with a private entity, or a

consortium of private entities, for the design, construction,

upgrading, operating, ownership, or financing of facilities.

(b) A responsible public entity may consider, evaluate,

and accept an unsolicited proposal for a public-private

partnership project from a private entity if the proposal:

(1) is independently developed and drafted by the

proposer without responsible public entity supervision;

(2) shows that the proposed project could benefit the

transportation system;

(3) includes a financing plan to allow the project to

move forward pursuant to the applicable responsible public

entity's budget and finance requirements; and

(4) includes sufficient detail and information for the

responsible public entity to evaluate the proposal in an

objective and timely manner and permit a determination

that the project would be worthwhile.

(c) The unsolicited proposal shall include the following:

(1) an executive summary covering the major elements

of the proposal;

(2) qualifications concerning the experience,

expertise, technical competence, and qualifications of the

private entity and of each member of its management team

and of other key employees, consultants, and

subcontractors, including the name, address, and

professional designation;

(3) a project description, including, when applicable:

(A) the limits, scope, and location of the

proposed project;

(B) right-of-way requirements;

(C) connections with other facilities and

improvements to those facilities necessary if the

project is developed;

(D) a conceptual project design; and

(E) a statement of the project's relationship to

and impact upon relevant existing plans of the

responsible public entity;

(4) a facilities project schedule, including when

applicable, estimates of:

(A) dates of contract award;

(B) start of construction;

(C) completion of construction;

(D) start of operations; and

(E) major maintenance or reconstruction activities

during the life of the proposed project agreement;

(5) an operating plan describing the operation of the

completed facility if operation of a facility is part of

the proposal, describing the management structure and

approach, the proposed period of operations, enforcement,

emergency response, and other relevant information;

(6) a finance plan describing the proposed financing

of the project, identifying the source of funds to, where

applicable, design, construct, maintain, and manage the

project during the term of the proposed contract; and

(7) the legal basis for the project and licenses and

certifications; the private entity must demonstrate that

it has all licenses and certificates necessary to complete

the project.

(d) Within 120 days after receiving an unsolicited

proposal, the responsible public entity shall complete a

preliminary evaluation of the unsolicited proposal and shall

either:

(1) if the preliminary evaluation is unfavorable,

return the proposal without further action;

(2) if the preliminary evaluation is favorable, notify

the proposer that the responsible public entity will

further evaluate the proposal; or

(3) request amendments, clarification, or modification

of the unsolicited proposal.

(e) The procurement process for unsolicited proposals

shall be as follows:

(1) If the responsible public entity chooses to

further evaluate an unsolicited proposal with the intent

to enter into a public-private agreement for the proposed

project, then the responsible public entity shall publish

notice in the Illinois Procurement Bulletin or in a

newspaper of general circulation covering the location of

the project at least once a week for 2 weeks stating that

the responsible public entity has received a proposal and

will accept other proposals for the same project. The time

frame within which the responsible public entity may

accept other proposals shall be determined by the

responsible public entity on a project-by-project basis

based upon the complexity of the transportation project

and the public benefit to be gained by allowing a longer or

shorter period of time within which other proposals may be

received; however, the time frame for allowing other

proposals must be at least 21 days, but no more than 120

days, after the initial date of publication.

(2) A copy of the notice must be mailed to each local

government directly affected by the transportation

project.

(3) The responsible public entity shall provide

reasonably sufficient information, including the identity

of its contact person, to enable other private entities to

make proposals.

(4) If, after no less than 120 days, no

counterproposal is received, or if the counterproposals

are evaluated and found to be equal to or inferior to the

original unsolicited proposal, the responsible public

entity may proceed to negotiate a contract with the

original proposer.

(5) If, after no less than 120 days, one or more

counterproposals meeting unsolicited proposal standards

are received, and if, in the opinion of the responsible

public entity, the counterproposals are evaluated and

found to be superior to the original unsolicited proposal,

the responsible public entity shall proceed to determine

the successful participant through a final procurement

phase known as "Best and Final Offer" (BAFO). The BAFO is a

process whereby a responsible public entity shall invite

the original private sector party and the proponent

submitting the superior counterproposal to engage in a

BAFO phase. The invitation to participate in the BAFO

phase will provide to each participating proposer:

(A) the general concepts that were considered

superior to the original proposal, while keeping

proprietary information contained in the proposals

confidential to the extent possible; and

(B) the preestablished evaluation criteria or the

"basis of award" to be used to determine the

successful proponent.

(6) Offers received in response to the BAFO invitation

will be reviewed by the responsible public entity and

scored in accordance with a preestablished criteria, or

alternatively, in accordance with the basis of award

provision identified through the BAFO process. The

successful proponent will be the proponent offering "best

value" to the responsible public entity.

(7) In all cases, the basis of award will be the best

value to the responsible public entity, as determined by

the responsible public entity.

(f) After a comprehensive evaluation and acceptance of an

unsolicited proposal and any alternatives, the responsible

public entity may commence negotiations with a proposer,

considering:

(1) the proposal has received a favorable

comprehensive evaluation;

(2) the proposal is not duplicative of existing

infrastructure project;

(3) the alternative proposal does not closely resemble

a pending competitive proposal for a public-private

private partnership or other procurement;

(4) the proposal demonstrates a unique method,

approach, or concept;

(5) facts and circumstances that preclude or warrant

additional competition;

(6) the availability of any funds, debts, or assets

that the State will contribute to the project;

(7) facts and circumstances demonstrating that the

project will likely have a significant adverse impact on

on State bond ratings; and

(8) indemnifications included in the proposal.

(Source: P.A. 103-570, eff. 1-1-24; revised 1-3-24.)

Section 550. The Clerks of Courts Act is amended by

changing Section 27.1b as follows:

(705 ILCS 105/27.1b)

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. Except as provided in Sections

1-19 and 5-915 of the Juvenile Court Act of 1987, 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;

(E) proceedings for the appointment of a

confidential intermediary under the Adoption Act;

(F) a minor subject to Article III, IV, or V of the

Juvenile Court Act of 1987, or the minor's parent,

guardian, or legal custodian; or

(G) a minor under the age of 18 transferred to

adult court or excluded from juvenile court

jurisdiction under Article V of the Juvenile Court Act

of 1987, or the minor's parent, guardian, or legal

custodian.

(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.

(Source: P.A. 102-145, eff. 7-23-21; 102-278, eff. 8-6-21;

102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-4, eff.

5-31-23; 103-379, eff. 7-28-23; revised 8-30-23.)

Section 555. The Juvenile Court Act of 1987 is amended by

changing Sections 1-8, 2-3, 2-6, 2-9, 2-10, 2-20, 2-28, 3-5,

3-6, 3-16, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-8, 4-9, 4-14,

4-16, 4-18, 4-21, 5-105, 5-120, 5-401.6, 5-410, 5-525, 5-601,

5-610, 5-615, 5-625, 5-705, 5-710, 5-715, 5-810, 5-915, 6-7,

6-9, and 6-10 as follows:

(705 ILCS 405/1-8)

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, the

minor's 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) (Blank).

(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 of Crime 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 the principal or chief

administrative officer.

(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 the minor's

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.

(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;

102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff.

7-28-23; revised 8-30-23.)

(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)

Sec. 2-3. Neglected or abused minor.

(1) Those who are neglected include any minor under 18

years of age or a minor 18 years of age or older for whom the

court has made a finding of probable cause to believe that the

minor is abused, neglected, or dependent under subsection (1)

of Section 2-10 prior to the minor's 18th birthday:

(a) who is not receiving the proper or necessary

support, education as required by law, or medical or other

remedial care recognized under State law as necessary for

a minor's well-being, or other care necessary for the

minor's well-being, including adequate food, clothing, and

shelter, or who is abandoned by the minor's parent or

parents or other person or persons responsible for the

minor's welfare, except that a minor shall not be

considered neglected for the sole reason that the minor's

parent or parents or other person or persons responsible

for the minor's welfare have left the minor in the care of

an adult relative for any period of time, who the parent or

parents or other person responsible for the minor's

welfare know is both a mentally capable adult relative and

physically capable adult relative, as defined by this Act;

or

(b) whose environment is injurious to the minor's

welfare; or

(c) who is a any 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, as now or hereafter amended, or

a metabolite of a controlled substance, with the exception

of controlled substances or metabolites of such

substances, the presence of which in the newborn infant is

the result of medical treatment administered to the person

who gave birth or the newborn infant; or

(d) any minor whose parent or other person responsible

for the minor's welfare leaves the minor without

supervision for an unreasonable period of time without

regard for the mental or physical health, safety, or

welfare of that minor. Whether the minor was left without

regard for the mental or physical health, safety, or

welfare of that minor or the period of time was

unreasonable shall be determined by considering the

following factors, including, but not limited to, the

following:

(1) the age of the minor;

(2) the number of minors left at the location;

(3) the special needs of the minor, including

whether the minor is a person with a physical or mental

disability, or is otherwise in need of ongoing

prescribed medical treatment, such as periodic doses

of insulin or other medications;

(4) the duration of time in which the minor was

left without supervision;

(5) the condition and location of the place where

the minor was left without supervision;

(6) the time of day or night when the minor was

left without supervision;

(7) the weather conditions, including whether the

minor was left in a location with adequate protection

from the natural elements, such as adequate heat or

light;

(8) the location of the parent or guardian at the

time the minor was left without supervision and , the

physical distance the minor was from the parent or

guardian at the time the minor was without

supervision;

(9) whether the minor's movement was restricted,

or the minor was otherwise locked within a room or

other structure;

(10) whether the minor was given a phone number of

a person or location to call in the event of an

emergency and whether the minor was capable of making

an emergency call;

(11) whether there was food and other provision

left for the minor;

(12) whether any of the conduct is attributable to

economic hardship or illness and the parent, guardian,

or other person having physical custody or control of

the child made a good faith effort to provide for the

health and safety of the minor;

(13) the age and physical and mental capabilities

of the person or persons who provided supervision for

the minor;

(14) whether the minor was left under the

supervision of another person;

(15) any other factor that would endanger the

health and safety of that particular minor; or

(e) any minor who has been provided with interim

crisis intervention services under Section 3-5 of this Act

and whose parent, guardian, or custodian refuses to permit

the minor to return home unless the minor is an immediate

physical danger to the minor or others living in the home.

A minor shall not be considered neglected for the sole

reason that the minor has been relinquished in accordance with

the Abandoned Newborn Infant Protection Act.

(1.5) A minor shall not be considered neglected for the

sole reason that the minor's parent or other person

responsible for the minor's welfare permits the minor to

engage in independent activities unless the minor was

permitted to engage in independent activities under

circumstances presenting unreasonable risk of harm to the

minor's mental or physical health, safety, or well-being.

"Independent activities" includes, but is not limited to:

(a) traveling to and from school, including by

walking, running, or bicycling;

(b) traveling to and from nearby commercial or

recreational facilities;

(c) engaging in outdoor play;

(d) remaining in a vehicle unattended, except as

otherwise provided by law;

(e) remaining at home or at a similarly appropriate

location unattended; or

(f) engaging in a similar independent activity alone

or with other children.

In determining whether an independent activity presented

unreasonable risk of harm, the court shall consider:

(1) whether the activity is accepted as suitable for

minors of the same age, maturity level, and developmental

capacity as the involved minor;

(2) the factors listed in items (1) through (15) of

paragraph (d) of subsection (1); and

(3) any other factor the court deems relevant.

(2) Those who are abused include any minor under 18 years

of age or a minor 18 years of age or older for whom the court

has made a finding of probable cause to believe that the minor

is abused, neglected, or dependent under subsection (1) of

Section 2-10 prior to the minor's 18th birthday whose parent

or immediate family member, or any person responsible for the

minor's welfare, or any person who is in the same family or

household as the minor, or any individual residing in the same

home as the minor, or a paramour of the minor's parent:

(i) inflicts, causes to be inflicted, or allows to be

inflicted upon such minor 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;

(ii) creates a substantial risk of physical injury to

such minor by other than accidental means which would be

likely to cause death, disfigurement, impairment of

emotional health, or loss or impairment of any bodily

function;

(iii) commits or allows to be committed any sex

offense against such minor, as such sex offenses are

defined in the Criminal Code of 1961 or the Criminal Code

of 2012, or in the Wrongs to Children Act, and extending

those definitions of sex offenses to include minors under

18 years of age;

(iv) commits or allows to be committed an act or acts

of torture upon such minor;

(v) inflicts excessive corporal punishment;

(vi) 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 1961 or the Criminal Code of

2012, upon such minor; or

(vii) allows, encourages, or requires a minor to

commit any act of prostitution, as defined in the Criminal

Code of 1961 or the Criminal Code of 2012, and extending

those definitions to include minors under 18 years of age.

A minor shall not be considered abused for the sole reason

that the minor has been relinquished in accordance with the

Abandoned Newborn Infant Protection Act.

(3) This Section does not apply to a minor who would be

included herein solely for the purpose of qualifying for

financial assistance for the minor or , the minor's parents,

guardian, or custodian.

(4) The changes made by Public Act 101-79 this amendatory

Act of the 101st General Assembly apply to a case that is

pending on or after July 12, 2019 (the effective date of Public

Act 101-79) this amendatory Act of the 101st General Assembly.

(Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23;

revised 8-30-23.)

(705 ILCS 405/2-6) (from Ch. 37, par. 802-6)

Sec. 2-6. Duty of officer. (1) A law enforcement officer

who takes a minor into custody under Section 2-5 shall

immediately make a reasonable attempt to notify the parent or

other person legally responsible for the minor's care or the

person with whom the minor resides that the minor has been

taken into custody and where the minor is being held.

(a) A law enforcement officer who takes a minor into

custody with a warrant shall without unnecessary delay

take the minor to the nearest juvenile police officer

designated for such purposes in the county of venue.

(b) A law enforcement officer who takes a minor into

custody without a warrant shall place the minor in

temporary protective custody and shall immediately notify

the Department of Children and Family Services by

contacting either the central register established under

Section 7.7 of the Abused and Neglected Child Reporting

Act or the nearest Department of Children and Family

Services office. If there is reasonable cause to suspect

that a minor has died as a result of abuse or neglect, the

law enforcement officer shall immediately report such

suspected abuse or neglect to the appropriate medical

examiner or coroner.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

(705 ILCS 405/2-9) (from Ch. 37, par. 802-9)

Sec. 2-9. Setting of temporary custody hearing; notice;

release.

(1) Unless sooner released, a minor, as defined in Section

2-3 or 2-4 of this Act, taken into temporary protective

custody must be brought before a judicial officer within 48

hours, exclusive of Saturdays, Sundays, and court-designated

holidays, for a temporary custody hearing to determine whether

the minor shall be further held in custody.

(2) If the probation officer or such other public officer

designated by the court determines that the minor should be

retained in custody, the probation officer or such other

public officer designated by the court shall cause a petition

to be filed as provided in Section 2-13 of this Article, and

the clerk of the court shall set the matter for hearing on the

temporary custody hearing calendar. When a parent, guardian,

custodian, or responsible relative is present and so requests,

the temporary custody hearing shall be held immediately if the

court is in session, otherwise at the earliest feasible time.

The petitioner through counsel or such other public officer

designated by the court shall ensure insure notification to

the minor's parent, guardian, custodian, or responsible

relative of the time and place of the hearing by the best

practicable notice, allowing for oral notice in place of

written notice only if provision of written notice is

unreasonable under the circumstances.

(3) The minor must be released from temporary protective

custody at the expiration of the 48-hour 48 hour period

specified by this Section if not brought before a judicial

officer within that period.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)

(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, the minor's parent, guardian, or

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 the minor's 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 the

minor 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 the

minor's 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 the minor's 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 the minor's 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 the minor's home or that no efforts

reasonably could be made to prevent or eliminate the removal

of the minor from the minor's 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 the minor's

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 adult

relatives, including, but not limited to, grandparents,

siblings of the minor's parents, 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, the parent, guardian, legal custodian, responsible

relative, minor age 8 or over, or counsel of the minor 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 the minor's 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;

102-813, eff. 5-13-22; 103-22, eff. 8-8-23; revised 9-20-23.)

(705 ILCS 405/2-20) (from Ch. 37, par. 802-20)

Sec. 2-20. Continuance under supervision.

(1) The court may enter an order of continuance under

supervision: (a) upon an admission or stipulation by the

appropriate respondent or minor respondent of the facts

supporting the petition and before proceeding to findings and

adjudication, or after hearing the evidence at the

adjudicatory hearing but before noting in the minutes of

proceeding a finding of whether or not the minor is abused,

neglected or dependent; and (b) in the absence of objection

made in open court by the minor, the minor's parent, guardian,

custodian, responsible relative, or defense attorney, or the

State's Attorney.

(2) If the minor, the minor's parent, guardian, custodian,

responsible relative, or defense attorney, or the State's

Attorney, objects in open court to any such continuance and

insists upon proceeding to findings and adjudication, the

court shall so proceed.

(3) Nothing in this Section limits the power of the court

to order a continuance of the hearing for the production of

additional evidence or for any other proper reason.

(4) When a hearing where a minor is alleged to be abused,

neglected or dependent is continued pursuant to this Section,

the court may permit the minor to remain in the minor's home if

the court determines and makes written factual findings that

the minor can be cared for at home when consistent with the

minor's health, safety, and best interests, subject to such

conditions concerning the minor's conduct and supervision as

the court may require by order.

(5) If a petition is filed charging a violation of a

condition of the continuance under supervision, the court

shall conduct a hearing. If the court finds that such

condition of supervision has not been fulfilled the court may

proceed to findings and adjudication and disposition. The

filing of a petition for violation of a condition of the

continuance under supervision shall toll the period of

continuance under supervision until the final determination of

the charge, and the term of the continuance under supervision

shall not run until the hearing and disposition of the

petition for violation; provided where the petition alleges

conduct that does not constitute a criminal offense, the

hearing must be held within 15 days of the filing of the

petition unless a delay in such hearing has been occasioned by

the minor, in which case the delay shall continue the tolling

of the period of continuance under supervision for the period

of such delay.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

(705 ILCS 405/2-28)

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 the legal custodian or guardian into

court and require the legal custodian, guardian, or the legal

custodian's or guardian's agency to make a full and accurate

report of the doings of the legal custodian, guardian, or

agency on 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 the custodian's or guardian's stead or

restore the minor to the custody of the minor's 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 30 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 prepare a written report for filing with

the court and send copies of the report to all parties. Within

20 days of the filing of the report, or as soon thereafter as

the court's schedule allows but not more than 60 days from the

date of placement, 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 the minor's 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 the

minor cannot be provided for in a home environment due to

developmental disabilities or mental illness or because

the minor 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 the minor's

relative or foster care placement;

(b) the child exhibits an extreme level of

need such that the removal of the child from the

minor's 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 the child's 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 the minor's

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 the minor's 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 the minor's 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 the legal custodian's or guardian's 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 the minor's health or safety and

fitness of the parent, guardian, or legal custodian.

(a) Any agency of this State or any subdivision

thereof shall cooperate with the agent of the court in

providing any information sought in the investigation.

(b) The information derived from the investigation and

any conclusions or recommendations derived from the

information shall be provided to the parent, guardian, or

legal custodian seeking restoration of custody prior to

the hearing on fitness and the movant shall have an

opportunity at the hearing to refute the information or

contest its significance.

(c) All information obtained from any investigation

shall be confidential as provided in Section 5-150 of this

Act.

(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;

102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.

6-30-23; 103-171, eff. 1-1-24; revised 12-15-23.)

(705 ILCS 405/3-5) (from Ch. 37, par. 803-5)

Sec. 3-5. Interim crisis intervention services.

(a) Any minor who is taken into limited custody, or who

independently requests or is referred for assistance, may be

provided crisis intervention services by an agency or

association, as defined in this Act, provided the association

or agency staff (i) immediately investigate the circumstances

of the minor and the facts surrounding the minor being taken

into custody and promptly explain these facts and

circumstances to the minor, and (ii) make a reasonable effort

to inform the minor's parent, guardian, or custodian of the

fact that the minor has been taken into limited custody and

where the minor is being kept, and (iii) if the minor consents,

make a reasonable effort to transport, arrange for the

transportation of, or otherwise release the minor to the

parent, guardian, or custodian. Upon release of the child who

is believed to need or benefit from medical, psychological,

psychiatric, or social services, the association or agency may

inform the minor and the person to whom the minor is released

of the nature and location of appropriate services and shall,

if requested, assist in establishing contact between the

family and other associations or agencies providing such

services. If the agency or association is unable by all

reasonable efforts to contact a parent, guardian, or

custodian, or if the person contacted lives an unreasonable

distance away, or if the minor refuses to be taken to the

minor's home or other appropriate residence, or if the agency

or association is otherwise unable despite all reasonable

efforts to make arrangements for the safe return of the minor,

the minor may be taken to a temporary living arrangement which

is in compliance with the Child Care Act of 1969 or which is

with persons agreed to by the parents and the agency or

association.

(b) An agency or association is authorized to permit a

minor to be sheltered in a temporary living arrangement

provided the agency seeks to effect the minor's return home or

alternative living arrangements agreeable to the minor and the

parent, guardian, or custodian as soon as practicable. No

minor shall be sheltered in a temporary living arrangement for

more than 21 business days. Throughout such limited custody,

the agency or association shall work with the parent,

guardian, or custodian and the minor's local school district,

the Department of Human Services, the Department of Healthcare

and Family Services, the Department of Juvenile Justice, and

the Department of Children and Family Services to identify

immediate and long-term treatment or placement. If at any time

during the crisis intervention there is a concern that the

minor has experienced abuse or neglect, the Comprehensive

Community Based-Youth Services provider shall contact the

Department of Children and Family Services as provided in the

Abused and Neglected Child Reporting Act. the minor

(c) Any agency or association or employee thereof acting

reasonably and in good faith in the care of a minor being

provided interim crisis intervention services and shelter care

shall be immune from any civil or criminal liability resulting

from such care.

(Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23;

revised 8-30-23.)

(705 ILCS 405/3-6) (from Ch. 37, par. 803-6)

Sec. 3-6. Alternative voluntary residential placement.

(a) A minor and the minor's parent, guardian or custodian

may agree to an arrangement for alternative voluntary

residential placement, in compliance with the "Child Care Act

of 1969", without court order. Such placement may continue as

long as there is agreement.

(b) If the minor and the minor's parent, guardian or

custodian cannot agree to an arrangement for alternative

voluntary residential placement in the first instance, or

cannot agree to the continuation of such placement, and the

minor refuses to return home, the minor or the minor's parent,

guardian or custodian, or a person properly acting at the

minor's request, may file with the court a petition alleging

that the minor requires authoritative intervention as

described in Section 3-3.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

(705 ILCS 405/3-16) (from Ch. 37, par. 803-16)

Sec. 3-16. Date for adjudicatory hearing.

(a) (Blank).

(b)(1)(A) When a petition has been filed alleging that the

minor requires authoritative intervention, an adjudicatory

hearing shall be held within 120 days of a demand made by any

party, except that when the court determines that the State,

without success, has exercised due diligence to obtain

evidence material to the case and that there are reasonable

grounds to believe that such evidence may be obtained at a

later date, the court may, upon motion by the State, continue

the adjudicatory hearing for not more than 30 additional days.

The 120-day 120 day period in which an adjudicatory

hearing shall be held is tolled by: (i) delay occasioned by the

minor; or (ii) a continuance allowed pursuant to Section 114-4

of the Code of Criminal Procedure of 1963 after a court's

determination of the minor's physical incapacity for trial; or

(iii) an interlocutory appeal. Any such delay shall

temporarily suspend, for the time of the delay, the period

within which the adjudicatory hearing must be held. On the day

of expiration of the delay, the said period shall continue at

the point at which it was suspended.

(B) When no such adjudicatory hearing is held within the

time required by paragraph (b)(1)(A) of this Section, the

court shall, upon motion by any party, dismiss the petition

with prejudice.

(2) Without affecting the applicability of the tolling and

multiple prosecution provisions of paragraph (b)(1) of this

Section, when a petition has been filed alleging that the

minor requires authoritative intervention and the minor is in

shelter care, the adjudicatory hearing shall be held within 10

judicial days after the date of the order directing shelter

care, or the earliest possible date in compliance with the

notice provisions of Sections 3-17 and 3-18 as to the

custodial parent, guardian, or legal custodian, but no later

than 30 judicial days from the date of the order of the court

directing shelter care.

(3) Any failure to comply with the time limits of

paragraph (b)(2) of this Section shall require the immediate

release of the minor from shelter care, and the time limits of

paragraph (b)(1) shall apply.

(4) Nothing in this Section prevents the minor or the

minor's parents or guardian from exercising their respective

rights to waive the time limits set forth in this Section.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

(705 ILCS 405/3-17) (from Ch. 37, par. 803-17)

Sec. 3-17. Summons.

(1) When a petition is filed, the clerk of the court shall

issue a summons with a copy of the petition attached. The

summons shall be directed to the minor's legal guardian or

custodian and to each person named as a respondent in the

petition, except that summons need not be directed to a minor

respondent under 8 years of age for whom the court appoints a

guardian ad litem if the guardian ad litem appears on behalf of

the minor in any proceeding under this Act.

(2) The summons must contain a statement that the minor or

any of the respondents is entitled to have an attorney present

at the hearing on the petition, and that the clerk of the court

should be notified promptly if the minor or any other

respondent desires to be represented by an attorney but is

financially unable to employ counsel.

(3) The summons shall be issued under the seal of the

court, attested to and signed with the name of the clerk of the

court, dated on the day it is issued, and shall require each

respondent to appear and answer the petition on the date set

for the adjudicatory hearing.

(4) The summons may be served by any county sheriff,

coroner, or probation officer, even though the officer is the

petitioner. The return of the summons with endorsement of

service by the officer is sufficient proof thereof.

(5) Service of a summons and petition shall be made by: (a)

leaving a copy thereof with the person summoned at least 3 days

before the time stated therein for appearance; (b) leaving a

copy at the summoned person's usual place of abode with some

person of the family, of the age of 10 years or upwards, and

informing that person of the contents thereof, provided the

officer or other person making service shall also send a copy

of the summons in a sealed envelope with postage fully

prepaid, addressed to the person summoned at the person's

usual place of abode, at least 3 days before the time stated

therein for appearance; or (c) leaving a copy thereof with the

guardian or custodian of a minor, at least 3 days before the

time stated therein for appearance. If the guardian or

custodian is an agency of the State of Illinois, proper

service may be made by leaving a copy of the summons and

petition with any administrative employee of such agency

designated by such agency to accept service of summons and

petitions. The certificate of the officer or affidavit of the

person that the officer or person has sent the copy pursuant to

this Section is sufficient proof of service.

(6) When a parent or other person, who has signed a written

promise to appear and bring the minor to court or who has

waived or acknowledged service, fails to appear with the minor

on the date set by the court, a bench warrant may be issued for

the parent or other person, the minor, or both.

(7) The appearance of the minor's legal guardian or

custodian, or a person named as a respondent in a petition, in

any proceeding under this Act shall constitute a waiver of

service of summons and submission to the jurisdiction of the

court. A copy of the summons and petition shall be provided to

the person at the time of the person's appearance.

(8) Fines or assessments, such as fees or administrative

costs, in the service of process shall not be ordered or

imposed on a minor or a minor's parent, guardian, or legal

custodian.

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 9-7-23.)

(705 ILCS 405/3-19) (from Ch. 37, par. 803-19)

Sec. 3-19. Guardian ad litem.

(1) Immediately upon the filing of a petition alleging

that the minor requires authoritative intervention, the court

may appoint a guardian ad litem for the minor if:

(a) such petition alleges that the minor is the victim

of sexual abuse or misconduct; or

(b) such petition alleges that charges alleging the

commission of any of the sex offenses defined in Article

11 or in Section Sections 11-1.20, 11-1.30, 11-1.40,

11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16

of the Criminal Code of 1961 or the Criminal Code of 2012,

have been filed against a defendant in any court and that

such minor is the alleged victim of the acts of the

defendant in the commission of such offense.

(2) Unless the guardian ad litem appointed pursuant to

paragraph (1) is an attorney at law, the guardian ad litem

shall be represented in the performance of the guardian ad

litem's duties by counsel.

(3) Before proceeding with the hearing, the court shall

appoint a guardian ad litem for the minor if:

(a) no parent, guardian, custodian, or relative of the

minor appears at the first or any subsequent hearing of

the case;

(b) the petition prays for the appointment of a

guardian with power to consent to adoption; or

(c) the petition for which the minor is before the

court resulted from a report made pursuant to the Abused

and Neglected Child Reporting Act.

(4) The court may appoint a guardian ad litem for the minor

whenever it finds that there may be a conflict of interest

between the minor and the minor's parents or other custodian

or that it is otherwise in the minor's interest to do so.

(5) The reasonable fees of a guardian ad litem appointed

under this Section shall be fixed by the court and paid from

the general fund of the county.

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 8-30-23.)

(705 ILCS 405/3-21) (from Ch. 37, par. 803-21)

Sec. 3-21. Continuance under supervision.

(1) The court may enter an order of continuance under

supervision (a) upon an admission or stipulation by the

appropriate respondent or minor respondent of the facts

supporting the petition and before proceeding to findings and

adjudication, or after hearing the evidence at the

adjudicatory hearing but before noting in the minutes of

proceedings a finding of whether or not the minor is a person

requiring authoritative intervention; and (b) in the absence

of objection made in open court by the minor, the minor's

parent, guardian, custodian, responsible relative, or defense

attorney, or the State's Attorney.

(2) If the minor, the minor's parent, guardian, custodian,

responsible relative, or defense attorney, or State's

Attorney, objects in open court to any such continuance and

insists upon proceeding to findings and adjudication, the

court shall so proceed.

(3) Nothing in this Section limits the power of the court

to order a continuance of the hearing for the production of

additional evidence or for any other proper reason.

(4) When a hearing where a minor is alleged to be a minor

requiring authoritative intervention is continued pursuant to

this Section, the court may permit the minor to remain in the

minor's home subject to such conditions concerning the minor's

conduct and supervision as the court may require by order.

(5) If a petition is filed charging a violation of a

condition of the continuance under supervision, the court

shall conduct a hearing. If the court finds that such

condition of supervision has not been fulfilled the court may

proceed to findings and adjudication and disposition. The

filing of a petition for violation of a condition of the

continuance under supervision shall toll the period of

continuance under supervision until the final determination of

the charge, and the term of the continuance under supervision

shall not run until the hearing and disposition of the

petition for violation; provided where the petition alleges

conduct that does not constitute a criminal offense, the

hearing must be held within 15 days of the filing of the

petition unless a delay in such hearing has been occasioned by

the minor, in which case the delay shall continue the tolling

of the period of continuance under supervision for the period

of such delay.

(6) (Blank).

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 9-25-23.)

(705 ILCS 405/3-24) (from Ch. 37, par. 803-24)

Sec. 3-24. Kinds of dispositional orders.

(1) The following kinds of orders of disposition may be

made in respect to wards of the court: A minor found to be

requiring authoritative intervention under Section 3-3 may be

(a) committed to the Department of Children and Family

Services, subject to Section 5 of the Children and Family

Services Act; (b) placed under supervision and released to the

minor's parents, guardian, or legal custodian; (c) placed in

accordance with Section 3-28 with or without also being placed

under supervision. Conditions of supervision may be modified

or terminated by the court if it deems that the best interests

of the minor and the public will be served thereby; (d) ordered

partially or completely emancipated in accordance with the

provisions of the Emancipation of Minors Act; or (e) subject

to having the minor's driver's license or driving privilege

suspended for such time as determined by the Court but only

until the minor attains 18 years of age.

(2) Any order of disposition may provide for protective

supervision under Section 3-25 and may include an order of

protection under Section 3-26.

(3) Unless the order of disposition expressly so provides,

it does not operate to close proceedings on the pending

petition, but is subject to modification until final closing

and discharge of the proceedings under Section 3-32.

(4) In addition to any other order of disposition, the

court may order any person found to be a minor requiring

authoritative intervention under Section 3-3 to make

restitution, in monetary or non-monetary form, under the terms

and conditions of Section 5-5-6 of the Unified Code of

Corrections, except that the "presentence hearing" referred to

therein shall be the dispositional hearing for purposes of

this Section. The parent, guardian, or legal custodian of the

minor may pay some or all of such restitution on the minor's

behalf.

(5) Any order for disposition where the minor is committed

or placed in accordance with Section 3-28 shall provide for

the parents or guardian of the estate of such minor to pay to

the legal custodian or guardian of the person of the minor such

sums as are determined by the custodian or guardian of the

person of the minor as necessary for the minor's needs. Such

payments may not exceed the maximum amounts provided for by

Section 9.1 of the Children and Family Services Act.

(6) Whenever the order of disposition requires the minor

to attend school or participate in a program of training, the

truant officer or designated school official shall regularly

report to the court if the minor is a chronic or habitual

truant under Section 26-2a of the School Code.

(7) (Blank).

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 9-20-23.)

(705 ILCS 405/3-33.5)

Sec. 3-33.5. Truant minors in need of supervision.

(a) Definition. A minor who is reported by the office of

the regional superintendent of schools as a chronic truant may

be subject to a petition for adjudication and adjudged a

truant minor in need of supervision, provided that prior to

the filing of the petition, the office of the regional

superintendent of schools or a community truancy review board

certifies that the local school has provided appropriate

truancy intervention services to the truant minor and the

minor's family. For purposes of this Section, "truancy

intervention services" means services designed to assist the

minor's return to an educational program, and includes, but is

not limited to: assessments, counseling, mental health

services, shelter, optional and alternative education

programs, tutoring, and educational advocacy. If, after review

by the regional office of education or community truancy

review board, it is determined the local school did not

provide the appropriate interventions, then the minor shall be

referred to a comprehensive community based youth service

agency for truancy intervention services. If the comprehensive

community based youth service agency is incapable to provide

intervention services, then this requirement for services is

not applicable. The comprehensive community based youth

service agency shall submit reports to the office of the

regional superintendent of schools or truancy review board

within 20, 40, and 80 school days of the initial referral or at

any other time requested by the office of the regional

superintendent of schools or truancy review board, which

reports each shall certify the date of the minor's referral

and the extent of the minor's progress and participation in

truancy intervention services provided by the comprehensive

community based youth service agency. In addition, if, after

referral by the office of the regional superintendent of

schools or community truancy review board, the minor declines

or refuses to fully participate in truancy intervention

services provided by the comprehensive community based youth

service agency, then the agency shall immediately certify such

facts to the office of the regional superintendent of schools

or community truancy review board.

(a-1) There is a rebuttable presumption that a chronic

truant is a truant minor in need of supervision.

(a-2) There is a rebuttable presumption that school

records of a minor's attendance at school are authentic.

(a-3) For purposes of this Section, "chronic truant" has

the meaning ascribed to it in Section 26-2a of the School Code.

(a-4) For purposes of this Section, a "community truancy

review board" is a local community based board comprised of,

but not limited to: representatives from local comprehensive

community based youth service agencies, representatives from

court service agencies, representatives from local schools,

representatives from health service agencies, and

representatives from local professional and community

organizations as deemed appropriate by the office of the

regional superintendent of schools. The regional

superintendent of schools must approve the establishment and

organization of a community truancy review board, and the

regional superintendent of schools or the regional

superintendent's designee shall chair the board.

(a-5) Nothing in this Section shall be construed to create

a private cause of action or right of recovery against a

regional office of education, its superintendent, or its staff

with respect to truancy intervention services where the

determination to provide the services is made in good faith.

(b) Kinds of dispositional orders. A minor found to be a

truant minor in need of supervision may be:

(1) committed to the appropriate regional

superintendent of schools for a student assistance team

staffing, a service plan, or referral to a comprehensive

community based youth service agency;

(2) required to comply with a service plan as

specifically provided by the appropriate regional

superintendent of schools;

(3) ordered to obtain counseling or other supportive

services;

(4) (blank);

(5) required to perform some reasonable public service

work that does not interfere with school hours,

school-related activities, or work commitments of the

minor or the minor's parent, guardian, or legal custodian;

or

(6) (blank).

A dispositional order may include public service only if

the court has made an express written finding that a truancy

prevention program has been offered by the school, regional

superintendent of schools, or a comprehensive community based

youth service agency to the truant minor in need of

supervision.

(c) Orders entered under this Section may be enforced by

contempt proceedings. Fines or assessments, such as fees or

administrative costs, shall not be ordered or imposed in

contempt proceedings under this Section.

(Source: P.A. 102-456, eff. 1-1-22; 103-22, eff. 8-8-23;

103-379, eff. 7-28-23; revised 9-20-23.)

(705 ILCS 405/4-8) (from Ch. 37, par. 804-8)

Sec. 4-8. Setting of shelter care hearing.

(1) Unless sooner released, a minor alleged to be addicted

taken into temporary protective custody must be brought before

a judicial officer within 48 hours, exclusive of Saturdays,

Sundays, and holidays, for a shelter care hearing to determine

whether the minor shall be further held in custody.

(2) If the probation officer or such other public officer

designated by the court determines that the minor should be

retained in custody, the probation officer or such other

public officer designated by the court shall cause a petition

to be filed as provided in Section 4-12 of this Act, and the

clerk of the court shall set the matter for hearing on the

shelter care hearing calendar. When a parent, guardian,

custodian, or responsible relative is present and so requests,

the shelter care hearing shall be held immediately if the

court is in session, otherwise at the earliest feasible time.

The probation officer or such other public officer designated

by the court shall notify the minor's parent, guardian,

custodian, or responsible relative of the time and place of

the hearing. The notice may be given orally.

(3) The minor must be released from custody at the

expiration of the 48-hour 48 hour period, as the case may be,

specified by this Section, if not brought before a judicial

officer within that period.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

(705 ILCS 405/4-9) (from Ch. 37, par. 804-9)

Sec. 4-9. Shelter care hearing. At the appearance of the

minor before the court at the shelter care 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 addicted, 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 addicted, the minor, the minor's

parent, guardian, or custodian, and other persons able to give

relevant testimony shall be examined before the court. After

such testimony, the court may enter an order that the minor

shall be released upon the request of a parent, guardian, or

custodian if the parent, guardian, or custodian appears to

take custody and agrees to abide by a court order which

requires the minor and the minor's parent, guardian, or legal

custodian to complete an evaluation by an entity licensed by

the Department of Human Services, as the successor to the

Department of Alcoholism and Substance Abuse, and complete any

treatment recommendations indicated by the assessment.

"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.

The court Court shall require documentation by

representatives of the Department of Children and Family

Services or the probation department as to the reasonable

efforts that were made to prevent or eliminate the necessity

of removal of the minor from the minor's home, and shall

consider the testimony of any person as to those reasonable

efforts. 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 placed in a

shelter care facility or that the minor is likely to flee the

jurisdiction of the court, and, further, finds that reasonable

efforts have been made or good cause has been shown why

reasonable efforts cannot prevent or eliminate the necessity

of removal of the minor from the minor's home, the court may

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, or in a facility

or program licensed by the Department of Human Services for

shelter and treatment services; 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. 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, or in a facility or program licensed by the

Department of Human Services for shelter and treatment

services, 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 the minor's family to

ameliorate the causes contributing to the finding of probable

cause or to the finding of the existence of immediate and

urgent necessity. 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 reasonable efforts have been made or that good

cause has been shown why reasonable efforts cannot prevent or

eliminate the necessity of removal of the minor from the

minor's home, the court shall state in writing its findings

concerning the nature of the services that were offered or the

efforts that were made to prevent removal of the child and the

apparent reasons that such services or efforts could not

prevent the need for removal. 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.

(3) If neither the parent, guardian, legal custodian,

responsible relative nor counsel of the minor has had actual

notice of or is present at the shelter care hearing, the

parent, guardian, legal custodian, responsible relative, or

counsel of the minor may file an affidavit setting forth these

facts, and the clerk shall set the matter for rehearing not

later than 24 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.

(4) If the minor is not brought before a judicial officer

within the time period as specified in Section 4-8, the minor

must immediately be released from custody.

(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 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.

(8) 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, may file a motion 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; 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 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 the minor's family.

(9) 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).

(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

(705 ILCS 405/4-14) (from Ch. 37, par. 804-14)

Sec. 4-14. Summons.

(1) When a petition is filed, the clerk of the court shall

issue a summons with a copy of the petition attached. The

summons shall be directed to the minor's legal guardian or

custodian and to each person named as a respondent in the

petition, except that summons need not be directed to a minor

respondent under 8 years of age for whom the court appoints a

guardian ad litem if the guardian ad litem appears on behalf of

the minor in any proceeding under this Act.

(2) The summons must contain a statement that the minor or

any of the respondents is entitled to have an attorney present

at the hearing on the petition, and that the clerk of the court

should be notified promptly if the minor or any other

respondent desires to be represented by an attorney but is

financially unable to employ counsel.

(3) The summons shall be issued under the seal of the

court, attested to and signed with the name of the clerk of the

court, dated on the day it is issued, and shall require each

respondent to appear and answer the petition on the date set

for the adjudicatory hearing.

(4) The summons may be served by any county sheriff,

coroner, or probation officer, even though the officer is the

petitioner. The return of the summons with endorsement of

service by the officer is sufficient proof thereof.

(5) Service of a summons and petition shall be made by:

(a) leaving a copy thereof with the person summoned at

least 3 days before the time stated therein for

appearance;

(b) leaving a copy at the summoned person's usual

place of abode with some person of the family, of the age

of 10 years or upwards, and informing that person of the

contents thereof, provided that the officer or other

person making service shall also send a copy of the

summons in a sealed envelope with postage fully prepaid,

addressed to the person summoned at the person's usual

place of abode, at least 3 days before the time stated

therein for appearance; or

(c) leaving a copy thereof with the guardian or

custodian of a minor, at least 3 days before the time

stated therein for appearance.

If the guardian or custodian is an agency of the State of

Illinois, proper service may be made by leaving a copy of the

summons and petition with any administrative employee of such

agency designated by such agency to accept service of summons

and petitions. The certificate of the officer or affidavit of

the person that the officer or person has sent the copy

pursuant to this Section is sufficient proof of service.

(6) When a parent or other person, who has signed a written

promise to appear and bring the minor to court or who has

waived or acknowledged service, fails to appear with the minor

on the date set by the court, a bench warrant may be issued for

the parent or other person, the minor, or both.

(7) The appearance of the minor's legal guardian or

custodian, or a person named as a respondent in a petition, in

any proceeding under this Act shall constitute a waiver of

service of summons and submission to the jurisdiction of the

court. A copy of the summons and petition shall be provided to

the person at the time of the person's appearance.

(8) Fines or assessments, such as fees or administrative

costs, in the service of process shall not be ordered or

imposed on a minor or a minor's parent, guardian, or legal

custodian.

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 9-25-23.)

(705 ILCS 405/4-16) (from Ch. 37, par. 804-16)

Sec. 4-16. Guardian ad litem.

(1) Immediately upon the filing of a petition alleging

that the minor is a person described in Section 4-3 of this

Act, the court may appoint a guardian ad litem for the minor

if:

(a) such petition alleges that the minor is the victim

of sexual abuse or misconduct; or

(b) such petition alleges that charges alleging the

commission of any of the sex offenses defined in Article

11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,

11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the

Criminal Code of 1961 or the Criminal Code of 2012, have

been filed against a defendant in any court and that such

minor is the alleged victim of the acts of the defendant in

the commission of such offense.

Unless the guardian ad litem appointed pursuant to this

paragraph (1) is an attorney at law, the guardian ad litem

shall be represented in the performance of the guardian ad

litem's duties by counsel.

(2) Before proceeding with the hearing, the court shall

appoint a guardian ad litem for the minor if:

(a) no parent, guardian, custodian, or relative of the

minor appears at the first or any subsequent hearing of

the case;

(b) the petition prays for the appointment of a

guardian with power to consent to adoption; or

(c) the petition for which the minor is before the

court resulted from a report made pursuant to the Abused

and Neglected Child Reporting Act.

(3) The court may appoint a guardian ad litem for the minor

whenever it finds that there may be a conflict of interest

between the minor and the minor's parents or other custodian

or that it is otherwise in the minor's interest to do so.

(4) Unless the guardian ad litem is an attorney, the

guardian ad litem shall be represented by counsel.

(5) The reasonable fees of a guardian ad litem appointed

under this Section shall be fixed by the court and paid from

the general fund of the county.

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 9-20-23.)

(705 ILCS 405/4-18) (from Ch. 37, par. 804-18)

Sec. 4-18. Continuance under supervision.

(1) The court may enter an order of continuance under

supervision (a) upon an admission or stipulation by the

appropriate respondent or minor respondent of the facts

supporting the petition and before proceeding to findings and

adjudication, or after hearing the evidence at the

adjudicatory hearing but before noting in the minutes of the

proceeding a finding of whether or not the minor is an addict,

and (b) in the absence of objection made in open court by the

minor, the minor's parent, guardian, custodian, responsible

relative, or defense attorney, or the State's Attorney.

(2) If the minor, the minor's parent, guardian, custodian,

responsible relative, or defense attorney, or the State's

Attorney, objects in open court to any such continuance and

insists upon proceeding to findings and adjudication, the

court shall so proceed.

(3) Nothing in this Section limits the power of the court

to order a continuance of the hearing for the production of

additional evidence or for any other proper reason.

(4) When a hearing is continued pursuant to this Section,

the court may permit the minor to remain in the minor's home

subject to such conditions concerning the minor's conduct and

supervision as the court may require by order.

(5) If a petition is filed charging a violation of a

condition of the continuance under supervision, the court

shall conduct a hearing. If the court finds that such

condition of supervision has not been fulfilled the court may

proceed to findings and adjudication and disposition. The

filing of a petition for violation of a condition of the

continuance under supervision shall toll the period of

continuance under supervision until the final determination of

the charge, and the term of the continuance under supervision

shall not run until the hearing and disposition of the

petition for violation; provided where the petition alleges

conduct that does not constitute a criminal offense, the

hearing must be held within 15 days of the filing of the

petition unless a delay in such hearing has been occasioned by

the minor, in which case the delay shall continue the tolling

of the period of continuance under supervision for the period

of such delay.

(6) (Blank).

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 9-6-23.)

(705 ILCS 405/4-21) (from Ch. 37, par. 804-21)

Sec. 4-21. Kinds of dispositional orders.

(1) A minor found to be addicted under Section 4-3 may be

(a) committed to the Department of Children and Family

Services, subject to Section 5 of the Children and Family

Services Act; (b) placed under supervision and released to the

minor's parents, guardian, or legal custodian; (c) placed in

accordance with Section 4-25 with or without also being placed

under supervision. Conditions of supervision may be modified

or terminated by the court if it deems that the best interests

of the minor and the public will be served thereby; (d)

required to attend an approved alcohol or drug abuse treatment

or counseling program on an inpatient or outpatient basis

instead of or in addition to the disposition otherwise

provided for in this paragraph; (e) ordered partially or

completely emancipated in accordance with the provisions of

the Emancipation of Minors Act; or (f) subject to having the

minor's driver's license or driving privilege suspended for

such time as determined by the Court but only until the minor

attains 18 years of age. No disposition under this subsection

shall provide for the minor's placement in a secure facility.

(2) Any order of disposition may provide for protective

supervision under Section 4-22 and may include an order of

protection under Section 4-23.

(3) Unless the order of disposition expressly so provides,

it does not operate to close proceedings on the pending

petition, but is subject to modification until final closing

and discharge of the proceedings under Section 4-29.

(4) In addition to any other order of disposition, the

court may order any minor found to be addicted under this

Article as neglected with respect to the minor's injurious

behavior, to make restitution, in monetary or non-monetary

form, under the terms and conditions of Section 5-5-6 of the

Unified Code of Corrections, except that the "presentence

hearing" referred to therein shall be the dispositional

hearing for purposes of this Section. The parent, guardian, or

legal custodian of the minor may pay some or all of such

restitution on the minor's behalf.

(5) Any order for disposition where the minor is placed in

accordance with Section 4-25 shall provide for the parents or

guardian of the estate of such minor to pay to the legal

custodian or guardian of the person of the minor such sums as

are determined by the custodian or guardian of the person of

the minor as necessary for the minor's needs. Such payments

may not exceed the maximum amounts provided for by Section 9.1

of the Children and Family Services Act.

(6) Whenever the order of disposition requires the minor

to attend school or participate in a program of training, the

truant officer or designated school official shall regularly

report to the court if the minor is a chronic or habitual

truant under Section 26-2a of the School Code.

(7) (Blank).

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 9-25-23.)

(705 ILCS 405/5-105)

Sec. 5-105. Definitions. As used in this Article:

(1) "Aftercare release" means the conditional and

revocable release of an adjudicated delinquent juvenile

committed to the Department of Juvenile Justice under the

supervision of the Department of Juvenile Justice.

(1.5) "Court" means the circuit court in a session or

division assigned to hear proceedings under this Act, and

includes the term Juvenile Court.

(2) "Community service" means uncompensated labor for

a community service agency as hereinafter defined.

(2.5) "Community service agency" means a

not-for-profit organization, community organization,

church, charitable organization, individual, public

office, or other public body whose purpose is to enhance

the physical or mental health of a delinquent minor or to

rehabilitate the minor, or to improve the environmental

quality or social welfare of the community which agrees to

accept community service from juvenile delinquents and to

report on the progress of the community service to the

State's Attorney pursuant to an agreement or to the court

or to any agency designated by the court or to the

authorized diversion program that has referred the

delinquent minor for community service.

(3) "Delinquent minor" means any minor who prior to

the minor's 18th birthday has violated or attempted to

violate an Illinois State, county, or municipal law or

ordinance.

(4) "Department" means the Department of Human

Services unless specifically referenced as another

department.

(5) "Detention" means the temporary care of a minor

who is alleged to be or has been adjudicated delinquent

and who requires secure custody for the minor's own

protection or the community's protection in a facility

designed to physically restrict the minor's movements,

pending disposition by the court or execution of an order

of the court for placement or commitment. Design features

that physically restrict movement include, but are not

limited to, locked rooms and the secure handcuffing of a

minor to a rail or other stationary object. In addition,

"detention" includes the court ordered care of an alleged

or adjudicated delinquent minor who requires secure

custody pursuant to Section 5-125 of this Act.

(6) "Diversion" means the referral of a juvenile,

without court intervention, into a program that provides

services designed to educate the juvenile and develop a

productive and responsible approach to living in the

community.

(7) "Juvenile detention home" means a public facility

with specially trained staff that conforms to the county

juvenile detention standards adopted by the Department of

Juvenile Justice.

(8) "Juvenile justice continuum" means a set of

delinquency prevention programs and services designed for

the purpose of preventing or reducing delinquent acts,

including criminal activity by youth gangs, as well as

intervention, rehabilitation, and prevention services

targeted at minors who have committed delinquent acts, and

minors who have previously been committed to residential

treatment programs for delinquents. The term includes

children-in-need-of-services and

families-in-need-of-services programs; aftercare and

reentry services; substance abuse and mental health

programs; community service programs; community service

work programs; and alternative-dispute resolution programs

serving youth-at-risk of delinquency and their families,

whether offered or delivered by State or local

governmental entities, public or private for-profit or

not-for-profit organizations, or religious or charitable

organizations. This term would also encompass any program

or service consistent with the purpose of those programs

and services enumerated in this subsection.

(9) "Juvenile police officer" means a sworn police

officer who has completed a Basic Recruit Training Course,

has been assigned to the position of juvenile police

officer by the officer's chief law enforcement officer and

has completed the necessary juvenile officers training as

prescribed by the Illinois Law Enforcement Training

Standards Board, or in the case of a State police officer,

juvenile officer training approved by the Director of the

Illinois State Police.

(10) "Minor" means a person under the age of 21 years

subject to this Act.

(11) "Non-secure custody" means confinement where the

minor is not physically restricted by being placed in a

locked cell or room, by being handcuffed to a rail or other

stationary object, or by other means. "Non-secure custody"

may include, but is not limited to, electronic monitoring,

foster home placement, home confinement, group home

placement, or physical restriction of movement or activity

solely through facility staff.

(12) "Public or community service" means uncompensated

labor for a not-for-profit organization or public body

whose purpose is to enhance physical or mental stability

of the offender, environmental quality or the social

welfare and which agrees to accept public or community

service from offenders and to report on the progress of

the offender and the public or community service to the

court or to the authorized diversion program that has

referred the offender for public or community service.

"Public or community service" does not include blood

donation or assignment to labor at a blood bank. For the

purposes of this Act, "blood bank" has the meaning

ascribed to the term in Section 2-124 of the Illinois

Clinical Laboratory and Blood Bank Act.

(13) "Sentencing hearing" means a hearing to determine

whether a minor should be adjudged a ward of the court, and

to determine what sentence should be imposed on the minor.

It is the intent of the General Assembly that the term

"sentencing hearing" replace the term "dispositional

hearing" and be synonymous with that definition as it was

used in the Juvenile Court Act of 1987.

(14) "Shelter" means the temporary care of a minor in

physically unrestricting facilities pending court

disposition or execution of court order for placement.

(15) "Site" means a not-for-profit organization,

public body, church, charitable organization, or

individual agreeing to accept community service from

offenders and to report on the progress of ordered or

required public or community service to the court or to

the authorized diversion program that has referred the

offender for public or community service.

(16) "Station adjustment" means the informal or formal

handling of an alleged offender by a juvenile police

officer.

(17) "Trial" means a hearing to determine whether the

allegations of a petition under Section 5-520 that a minor

is delinquent are proved beyond a reasonable doubt. It is

the intent of the General Assembly that the term "trial"

replace the term "adjudicatory hearing" and be synonymous

with that definition as it was used in the Juvenile Court

Act of 1987.

The changes made to this Section by Public Act 98-61 apply

to violations or attempted violations committed on or after

January 1, 2014 (the effective date of Public Act 98-61).

(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;

103-27, eff. 1-1-24; revised 12-15-23.)

(705 ILCS 405/5-120)

Sec. 5-120. Exclusive jurisdiction. Proceedings may be

instituted under the provisions of this Article concerning any

minor who prior to the minor's 18th birthday has violated or

attempted to violate an Illinois State, county, or municipal

law or ordinance. Except as provided in Sections 5-125, 5-130,

5-805, and 5-810 of this Article, no minor who was under 18

years of age at the time of the alleged offense may be

prosecuted under the criminal laws of this State.

The changes made to this Section by Public Act 98-61 this

amendatory Act of the 98th General Assembly apply to

violations or attempted violations committed on or after

January 1, 2014 (the effective date of Public Act 98-61) this

amendatory Act.

(Source: P.A. 103-22, eff. 8-8-23; 103-27, eff. 1-1-24;

revised 12-15-23.)

(705 ILCS 405/5-401.6)

Sec. 5-401.6. Prohibition of deceptive tactics.

(a) In this Section:

"Custodial interrogation" means any interrogation (i)

during which a reasonable person in the subject's position

would consider the subject to be in custody and (ii) during

which a question is asked that is reasonably likely to elicit

an incriminating response.

"Deception" means the knowing communication of false facts

about evidence or unauthorized statements regarding leniency

by a law enforcement officer or juvenile officer to a subject

of custodial interrogation.

"Person with a severe or profound intellectual disability"

means a person (i) whose intelligence quotient does not exceed

40 or (ii) whose intelligence quotient does not exceed 55 and

who suffers from significant mental illness to the extent that

the person's ability to exercise rational judgment is

impaired.

"Place of detention" means a building or a police station

that is a place of operation for a municipal police department

or county sheriff department or other law enforcement agency

at which persons are or may be held in detention in connection

with criminal charges against those persons or allegations

that those persons are delinquent minors.

"Protected person" means: a minor who, at the time of the

commission of the offense, was under 18 years of age; or a

person with a severe or profound intellectual disability.

(b) An oral, written, or sign language confession of a

protected person made as a result of a custodial interrogation

conducted at a police station or other place of detention on or

after January 1, 2022 (the effective date of Public Act

102-101) this amendatory Act of the 102nd General Assembly

shall be presumed to be inadmissible as evidence against the

protected person making the confession in a criminal

proceeding or a juvenile court proceeding for an act that if

committed by an adult would be a misdemeanor offense under

Article 11 of the Criminal Code of 2012 or a felony offense

under the Criminal Code of 2012 if, during the custodial

interrogation, a law enforcement officer or juvenile officer

knowingly engages in deception.

(c) The presumption of inadmissibility of a confession of

a protected person at a custodial interrogation at a police

station or other place of detention, when such confession is

procured through the knowing use of deception, may be overcome

by a preponderance of the evidence that the confession was

voluntarily given, based on the totality of the circumstances.

(d) The burden of going forward with the evidence and the

burden of proving that a confession was voluntary shall be on

the State. Objection to the failure of the State to call all

material witnesses on the issue of whether the confession was

voluntary must be made in the trial court.

(Source: P.A. 102-101, eff. 1-1-22; 103-22, eff. 8-8-23;

103-341, eff. 1-1-24; revised 12-15-23.)

(705 ILCS 405/5-410)

Sec. 5-410. Non-secure custody or detention.

(1) Any minor arrested or taken into custody pursuant to

this Act who requires care away from the minor's home but who

does not require physical restriction shall be given temporary

care in a foster family home or other shelter facility

designated by the court.

(2)(a) Any minor 10 years of age or older arrested

pursuant to this Act where there is probable cause to believe

that the minor is a delinquent minor and that (i) secure

custody is a matter of immediate and urgent necessity for the

protection of the minor or of the person or property of

another, (ii) the minor is likely to flee the jurisdiction of

the court, or (iii) the minor was taken into custody under a

warrant, may be kept or detained in an authorized detention

facility. A minor under 13 years of age shall not be admitted,

kept, or detained in a detention facility unless a local youth

service provider, including a provider through the

Comprehensive Community Based Youth Services network, has been

contacted and has not been able to accept the minor. No minor

under 12 years of age shall be detained in a county jail or a

municipal lockup for more than 6 hours.

(a-5) For a minor arrested or taken into custody for

vehicular hijacking or aggravated vehicular hijacking, a

previous finding of delinquency for vehicular hijacking or

aggravated vehicular hijacking shall be given greater weight

in determining whether secured custody of a minor is a matter

of immediate and urgent necessity for the protection of the

minor or of the person or property of another.

(b) The written authorization of the probation officer or

detention officer (or other public officer designated by the

court in a county having 3,000,000 or more inhabitants)

constitutes authority for the superintendent of any juvenile

detention home to detain and keep a minor for up to 40 hours,

excluding Saturdays, Sundays, and court-designated holidays.

These records shall be available to the same persons and

pursuant to the same conditions as are law enforcement records

as provided in Section 5-905.

(b-4) The consultation required by paragraph (b-5) shall

not be applicable if the probation officer or detention

officer (or other public officer designated by the court in a

county having 3,000,000 or more inhabitants) utilizes a

scorable detention screening instrument, which has been

developed with input by the State's Attorney, to determine

whether a minor should be detained; , however, paragraph (b-5)

shall still be applicable where no such screening instrument

is used or where the probation officer, detention officer (or

other public officer designated by the court in a county

having 3,000,000 or more inhabitants) deviates from the

screening instrument.

(b-5) Subject to the provisions of paragraph (b-4), if a

probation officer or detention officer (or other public

officer designated by the court in a county having 3,000,000

or more inhabitants) does not intend to detain a minor for an

offense which constitutes one of the following offenses, the

probation officer or detention officer (or other public

officer designated by the court in a county having 3,000,000

or more inhabitants) shall consult with the State's Attorney's

Office prior to the release of the minor: first degree murder,

second degree murder, involuntary manslaughter, criminal

sexual assault, aggravated criminal sexual assault, aggravated

battery with a firearm as described in Section 12-4.2 or

subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section

12-3.05, aggravated or heinous battery involving permanent

disability or disfigurement or great bodily harm, robbery,

aggravated robbery, armed robbery, vehicular hijacking,

aggravated vehicular hijacking, vehicular invasion, arson,

aggravated arson, kidnapping, aggravated kidnapping, home

invasion, burglary, or residential burglary.

(c) Except as otherwise provided in paragraph (a), (d), or

(e), no minor shall be detained in a county jail or municipal

lockup for more than 12 hours, unless the offense is a crime of

violence in which case the minor may be detained up to 24

hours. For the purpose of this paragraph, "crime of violence"

has the meaning ascribed to it in Section 1-10 of the Substance

Use Disorder Act Alcoholism and Other Drug Abuse and

Dependency Act.

(i) The period of detention is deemed to have begun

once the minor has been placed in a locked room or cell or

handcuffed to a stationary object in a building housing a

county jail or municipal lockup. Time spent transporting a

minor is not considered to be time in detention or secure

custody.

(ii) Any minor so confined shall be under periodic

supervision and shall not be permitted to come into or

remain in contact with adults in custody in the building.

(iii) Upon placement in secure custody in a jail or

lockup, the minor shall be informed of the purpose of the

detention, the time it is expected to last and the fact

that it cannot exceed the time specified under this Act.

(iv) A log shall be kept which shows the offense which

is the basis for the detention, the reasons and

circumstances for the decision to detain, and the length

of time the minor was in detention.

(v) Violation of the time limit on detention in a

county jail or municipal lockup shall not, in and of

itself, render inadmissible evidence obtained as a result

of the violation of this time limit. Minors under 18 years

of age shall 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 criminal law. Persons 18

years of age and older who have a petition of delinquency

filed against them may be confined in an adult detention

facility. In making a determination whether to confine a

person 18 years of age or older who has a petition of

delinquency filed against the person, these factors, among

other matters, shall be considered:

(A) the age of the person;

(B) any previous delinquent or criminal history of

the person;

(C) any previous abuse or neglect history of the

person; and

(D) any mental health or educational history of

the person, or both.

(d)(i) If a minor 12 years of age or older is confined in a

county jail in a county with a population below 3,000,000

inhabitants, then the minor's confinement shall be implemented

in such a manner that there will be no contact by sight, sound,

or otherwise between the minor and adult prisoners. 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 (d)(i) 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.

(ii) To accept or hold minors, 12 years of age or older,

after the time period prescribed in paragraph (d)(i) of this

subsection (2) 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.

(iii) To accept or hold minors 12 years of age or older,

after the time period prescribed in paragraphs (d)(i) and

(d)(ii) of this subsection (2) of this Section, county jails

shall comply with all county juvenile detention standards

adopted by the Department of Juvenile Justice.

(e) When a minor who is at least 15 years of age is

prosecuted under the criminal laws of this State, the court

may enter an order directing that the juvenile be confined in

the county jail. However, any juvenile confined in the county

jail under this provision shall be separated from adults who

are confined in the county jail in such a manner that there

will be no contact by sight, sound, or otherwise between the

juvenile and adult prisoners.

(f) For purposes of appearing in a physical lineup, the

minor may be taken to a county jail or municipal lockup under

the direct and constant supervision of a juvenile police

officer. During such time as is necessary to conduct a lineup,

and while supervised by a juvenile police officer, the sight

and sound separation provisions shall not apply.

(g) For purposes of processing a minor, the minor may be

taken to a county jail or municipal lockup under the direct and

constant supervision of a law enforcement officer or

correctional officer. During such time as is necessary to

process the minor, and while supervised by a law enforcement

officer or correctional officer, the sight and sound

separation provisions shall not apply.

(3) If the probation officer or State's Attorney (or such

other public officer designated by the court in a county

having 3,000,000 or more inhabitants) determines that the

minor may be a delinquent minor as described in subsection (3)

of Section 5-105, and should be retained in custody but does

not require physical restriction, the minor may be placed in

non-secure custody for up to 40 hours pending a detention

hearing.

(4) Any minor taken into temporary custody, not requiring

secure detention, may, however, be detained in the home of the

minor's parent or guardian subject to such conditions as the

court may impose.

(5) 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).

(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

(705 ILCS 405/5-525)

Sec. 5-525. Service.

(1) Service by summons.

(a) Upon the commencement of a delinquency

prosecution, the clerk of the court shall issue a summons

with a copy of the petition attached. The summons shall be

directed to the minor's parent, guardian or legal

custodian and to each person named as a respondent in the

petition, except that summons need not be directed (i) to

a minor respondent under 8 years of age for whom the court

appoints a guardian ad litem if the guardian ad litem

appears on behalf of the minor in any proceeding under

this Act, or (ii) to a parent who does not reside with the

minor, does not make regular child support payments to the

minor, to the minor's other parent, or to the minor's

legal guardian or custodian pursuant to a support order,

and has not communicated with the minor on a regular

basis.

(b) The summons must contain a statement that the

minor is entitled to have an attorney present at the

hearing on the petition, and that the clerk of the court

should be notified promptly if the minor desires to be

represented by an attorney but is financially unable to

employ counsel.

(c) The summons shall be issued under the seal of the

court, attested in and signed with the name of the clerk of

the court, dated on the day it is issued, and shall require

each respondent to appear and answer the petition on the

date set for the adjudicatory hearing.

(d) The summons may be served by any law enforcement

officer, coroner or probation officer, even though the

officer is the petitioner. The return of the summons with

endorsement of service by the officer is sufficient proof

of service.

(e) Service of a summons and petition shall be made

by: (i) leaving a copy of the summons and petition with the

person summoned at least 3 days before the time stated in

the summons for appearance; (ii) leaving a copy at the

summoned person's usual place of abode with some person of

the family, of the age of 10 years or upwards, and

informing that person of the contents of the summons and

petition, provided, the officer or other person making

service shall also send a copy of the summons in a sealed

envelope with postage fully prepaid, addressed to the

person summoned at the person's usual place of abode, at

least 3 days before the time stated in the summons for

appearance; or (iii) leaving a copy of the summons and

petition with the guardian or custodian of a minor, at

least 3 days before the time stated in the summons for

appearance. If the guardian or legal custodian is an

agency of the State of Illinois, proper service may be

made by leaving a copy of the summons and petition with any

administrative employee of the agency designated by the

agency to accept the service of summons and petitions. The

certificate of the officer or affidavit of the person that

the officer or person has sent the copy pursuant to this

Section is sufficient proof of service.

(f) When a parent or other person, who has signed a

written promise to appear and bring the minor to court or

who has waived or acknowledged service, fails to appear

with the minor on the date set by the court, a bench

warrant may be issued for the parent or other person, the

minor, or both.

(2) Service by certified mail or publication.

(a) If service on individuals as provided in

subsection (1) is not made on any respondent within a

reasonable time or if it appears that any respondent

resides outside the State, service may be made by

certified mail. In that case the clerk shall mail the

summons and a copy of the petition to that respondent by

certified mail marked for delivery to addressee only. The

court shall not proceed with the adjudicatory hearing

until 5 days after the mailing. The regular return receipt

for certified mail is sufficient proof of service.

(b) If service upon individuals as provided in

subsection (1) is not made on any respondents within a

reasonable time or if any person is made a respondent

under the designation of "All Whom It May Concern", or if

service cannot be made because the whereabouts of a

respondent are unknown, service may be made by

publication. The clerk of the court as soon as possible

shall cause publication to be made once in a newspaper of

general circulation in the county where the action is

pending. Service by publication is not required in any

case when the person alleged to have legal custody of the

minor has been served with summons personally or by

certified mail, but the court may not enter any order or

judgment against any person who cannot be served with

process other than by publication unless service by

publication is given or unless that person appears.

Failure to provide service by publication to a

non-custodial parent whose whereabouts are unknown shall

not deprive the court of jurisdiction to proceed with a

trial or a plea of delinquency by the minor. When a minor

has been detained or sheltered under Section 5-501 of this

Act and summons has not been served personally or by

certified mail within 20 days from the date of the order of

court directing such detention or shelter care, the clerk

of the court shall cause publication. Service by

publication shall be substantially as follows:

"A, B, C, D, (here giving the names of the named

respondents, if any) and to All Whom It May Concern (if

there is any respondent under that designation):

Take notice that on (insert date) a petition was

filed under the Juvenile Court Act of 1987 by .... in

the circuit court of .... county entitled 'In the

interest of ...., a minor', and that in .... courtroom

at .... on (insert date) at the hour of ...., or as

soon thereafter as this cause may be heard, an

adjudicatory hearing will be held upon the petition to

have the child declared to be a ward of the court under

that Act. The court has authority in this proceeding

to take from you the custody and guardianship of the

minor.

Now, unless you appear at the hearing and show

cause against the petition, the allegations of the

petition may stand admitted as against you and each of

you, and an order or judgment entered.

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

Clerk

Dated (insert the date of publication)"

(c) The clerk shall also at the time of the

publication of the notice send a copy of the notice by mail

to each of the respondents on account of whom publication

is made at each respondent's last known address. The

certificate of the clerk that the clerk has mailed the

notice is evidence of that mailing. No other publication

notice is required. Every respondent notified by

publication under this Section must appear and answer in

open court at the hearing. The court may not proceed with

the adjudicatory hearing until 10 days after service by

publication on any custodial parent, guardian or legal

custodian of a minor alleged to be delinquent.

(d) If it becomes necessary to change the date set for

the hearing in order to comply with this Section, notice

of the resetting of the date must be given, by certified

mail or other reasonable means, to each respondent who has

been served with summons personally or by certified mail.

(3) Once jurisdiction has been established over a party,

further service is not required and notice of any subsequent

proceedings in that prosecution shall be made in accordance

with provisions of Section 5-530.

(4) The appearance of the minor's parent, guardian, or

legal custodian, or a person named as a respondent in a

petition, in any proceeding under this Act shall constitute a

waiver of service and submission to the jurisdiction of the

court. A copy of the petition shall be provided to the person

at the time of the person's appearance.

(5) Fines or assessments, such as fees or administrative

costs in the service of process, shall not be ordered or

imposed on a minor or a minor's parent, guardian, or legal

custodian.

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 9-11-23.)

(705 ILCS 405/5-601)

Sec. 5-601. Trial.

(1) When a petition has been filed alleging that the minor

is a delinquent, a trial must be held within 120 days of a

written demand for such hearing made by any party, except that

when the State, without success, has exercised due diligence

to obtain evidence material to the case and there are

reasonable grounds to believe that the evidence may be

obtained at a later date, the court may, upon motion by the

State, continue the trial for not more than 30 additional

days.

(2) If a minor respondent has multiple delinquency

petitions pending against the minor in the same county and

simultaneously demands a trial upon more than one delinquency

petition pending against the minor in the same county, the

minor shall receive a trial or have a finding, after waiver of

trial, upon at least one such petition before expiration

relative to any of the pending petitions of the period

described by this Section. All remaining petitions thus

pending against the minor respondent shall be adjudicated

within 160 days from the date on which a finding relative to

the first petition prosecuted is rendered under Section 5-620

of this Article, or, if the trial upon the first petition is

terminated without a finding and there is no subsequent trial,

or adjudication after waiver of trial, on the first petition

within a reasonable time, the minor shall receive a trial upon

all of the remaining petitions within 160 days from the date on

which the trial, or finding after waiver of trial, on the first

petition is concluded. If either such period of 160 days

expires without the commencement of trial, or adjudication

after waiver of trial, of any of the remaining pending

petitions, the petition or petitions shall be dismissed and

barred for want of prosecution unless the delay is occasioned

by any of the reasons described in this Section.

(3) When no such trial is held within the time required by

subsections (1) and (2) of this Section, the court shall, upon

motion by any party, dismiss the petition with prejudice.

(4) Without affecting the applicability of the tolling and

multiple prosecution provisions of subsections (8) and (2) of

this Section when a petition has been filed alleging that the

minor is a delinquent and the minor is in detention or shelter

care, the trial shall be held within 30 calendar days after the

date of the order directing detention or shelter care, or the

earliest possible date in compliance with the provisions of

Section 5-525 as to the custodial parent, guardian, or legal

custodian, but no later than 45 calendar days from the date of

the order of the court directing detention or shelter care.

When the petition alleges the minor has committed an offense

involving a controlled substance as defined in the Illinois

Controlled Substances Act or methamphetamine as defined in the

Methamphetamine Control and Community Protection Act, the

court may, upon motion of the State, continue the trial for

receipt of a confirmatory laboratory report for up to 45 days

after the date of the order directing detention or shelter

care. When the petition alleges the minor committed an offense

that involves the death of, great bodily harm to or sexual

assault or aggravated criminal sexual abuse on a victim, the

court may, upon motion of the State, continue the trial for not

more than 70 calendar days after the date of the order

directing detention or shelter care.

Any failure to comply with the time limits of this Section

shall require the immediate release of the minor from

detention, and the time limits set forth in subsections (1)

and (2) shall apply.

(5) If the court determines that the State, without

success, has exercised due diligence to obtain the results of

DNA testing that is material to the case, and that there are

reasonable grounds to believe that the results may be obtained

at a later date, the court may continue the cause on

application of the State for not more than 120 additional

days. The court may also extend the period of detention of the

minor for not more than 120 additional days.

(6) If the State's Attorney makes a written request that a

proceeding be designated an extended juvenile jurisdiction

prosecution, and the minor is in detention, the period the

minor can be held in detention pursuant to subsection (4),

shall be extended an additional 30 days after the court

determines whether the proceeding will be designated an

extended juvenile jurisdiction prosecution or the State's

Attorney withdraws the request for extended juvenile

jurisdiction prosecution.

(7) When the State's Attorney files a motion for waiver of

jurisdiction pursuant to Section 5-805, and the minor is in

detention, the period the minor can be held in detention

pursuant to subsection (4), shall be extended an additional 30

days if the court denies motion for waiver of jurisdiction or

the State's Attorney withdraws the motion for waiver of

jurisdiction.

(8) The period in which a trial shall be held as prescribed

by subsection subsections (1), (2), (3), (4), (5), (6), or (7)

of this Section is tolled by: (i) delay occasioned by the

minor; (ii) a continuance allowed pursuant to Section 114-4 of

the Code of Criminal Procedure of 1963 after the court's

determination of the minor's incapacity for trial; (iii) an

interlocutory appeal; (iv) an examination of fitness ordered

pursuant to Section 104-13 of the Code of Criminal Procedure

of 1963; (v) a fitness hearing; or (vi) an adjudication of

unfitness for trial. Any such delay shall temporarily suspend,

for the time of the delay, the period within which a trial must

be held as prescribed by subsections (1), (2), (4), (5), and

(6) of this Section. On the day of expiration of the delays,

the period shall continue at the point at which the time was

suspended.

(9) Nothing in this Section prevents the minor or the

minor's parents, guardian, or legal custodian from exercising

their respective rights to waive the time limits set forth in

this Section.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

(705 ILCS 405/5-610)

Sec. 5-610. Guardian ad litem and appointment of attorney.

(1) The court may appoint a guardian ad litem for the minor

whenever it finds that there may be a conflict of interest

between the minor and the minor's parent, guardian, or legal

custodian or that it is otherwise in the minor's interest to do

so.

(2) Unless the guardian ad litem is an attorney, the

guardian ad litem shall be represented by counsel.

(3) The reasonable fees of a guardian ad litem appointed

under this Section shall be fixed by the court and paid from

the general fund of the county.

(4) If, during the court proceedings, the parents,

guardian, or legal custodian prove that the minor has an

actual conflict of interest with the minor in that delinquency

proceeding and that the parents, guardian, or legal custodian

are indigent, the court shall appoint a separate attorney for

that parent, guardian, or legal custodian.

(5) A guardian ad litem appointed under this Section for a

minor who is in the custody or guardianship of the Department

of Children and Family Services or who has an open intact

family services case with the Department of Children and

Family Services is entitled to receive copies of any and all

classified reports of child abuse or neglect made pursuant to

the Abused and Neglected Child Reporting Act in which the

minor, who is the subject of the report under the Abused and

Neglected Child Reporting Act, is also a minor for whom the

guardian ad litem is appointed under this Act. The Department

of Children and Family Services' obligation under this

subsection to provide reports to a guardian ad litem for a

minor with an open intact family services case applies only if

the guardian ad litem notified the Department in writing of

the representation.

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 9-11-23.)

(705 ILCS 405/5-615)

Sec. 5-615. Continuance under supervision.

(1) The court may enter an order of continuance under

supervision for an offense other than first degree murder, a

Class X felony or a forcible felony:

(a) upon an admission or stipulation by the

appropriate respondent or minor respondent of the facts

supporting the petition and before the court makes a

finding of delinquency, and in the absence of objection

made in open court by the minor, the minor's parent,

guardian, or legal custodian, the minor's attorney, or the

State's Attorney; or

(b) upon a finding of delinquency and after

considering the circumstances of the offense and the

history, character, and condition of the minor, if the

court is of the opinion that:

(i) the minor is not likely to commit further

crimes;

(ii) the minor and the public would be best served

if the minor were not to receive a criminal record; and

(iii) in the best interests of justice an order of

continuance under supervision is more appropriate than

a sentence otherwise permitted under this Act.

(2) (Blank).

(3) Nothing in this Section limits the power of the court

to order a continuance of the hearing for the production of

additional evidence or for any other proper reason.

(4) When a hearing where a minor is alleged to be a

delinquent is continued pursuant to this Section, the period

of continuance under supervision may not exceed 24 months. The

court may terminate a continuance under supervision at any

time if warranted by the conduct of the minor and the ends of

justice or vacate the finding of delinquency or both.

(5) When a hearing where a minor is alleged to be

delinquent is continued pursuant to this Section, the court

may, as conditions of the continuance under supervision,

require the minor to do any of the following:

(a) not violate any criminal statute of any

jurisdiction;

(b) make a report to and appear in person before any

person or agency as directed by the court;

(c) work or pursue a course of study or vocational

training;

(d) undergo medical or psychotherapeutic treatment

rendered by a therapist licensed under the provisions of

the Medical Practice Act of 1987, the Clinical

Psychologist Licensing Act, or the Clinical Social Work

and Social Work Practice Act, or an entity licensed by the

Department of Human Services as a successor to the

Department of Alcoholism and Substance Abuse, for the

provision of substance use disorder services as defined in

Section 1-10 of the Substance Use Disorder Act;

(e) attend or reside in a facility established for the

instruction or residence of persons on probation;

(f) support the minor's dependents, if any;

(g) (blank);

(h) refrain from possessing a firearm or other

dangerous weapon, or an automobile;

(i) permit the probation officer to visit the minor at

the minor's home or elsewhere;

(j) reside with the minor's parents or in a foster

home;

(k) attend school;

(k-5) with the consent of the superintendent of the

facility, attend an educational program at a facility

other than the school in which the offense was committed

if the minor committed a crime of violence as defined in

Section 2 of the Crime Victims Compensation Act in a

school, on the real property comprising a school, or

within 1,000 feet of the real property comprising a

school;

(l) attend a non-residential program for youth;

(m) provide nonfinancial contributions to the minor's

own support at home or in a foster home;

(n) perform some reasonable public or community

service that does not interfere with school hours,

school-related activities, or work commitments of the

minor or the minor's parent, guardian, or legal custodian;

(o) make restitution to the victim, in the same manner

and under the same conditions as provided in subsection

(4) of Section 5-710, except that the "sentencing hearing"

referred to in that Section shall be the adjudicatory

hearing for purposes of this Section;

(p) comply with curfew requirements as designated by

the court;

(q) refrain from entering into a designated geographic

area except upon terms as the court finds appropriate. The

terms may include consideration of the purpose of the

entry, the time of day, other persons accompanying the

minor, and advance approval by a probation officer;

(r) refrain from having any contact, directly or

indirectly, with certain specified persons or particular

types of persons, including, but not limited to, members

of street gangs and drug users or dealers;

(r-5) undergo a medical or other procedure to have a

tattoo symbolizing allegiance to a street gang removed

from the minor's body;

(s) refrain from having in the minor's body the

presence of any illicit drug prohibited by the Cannabis

Control Act, the Illinois Controlled Substances Act, or

the Methamphetamine Control and Community Protection Act,

unless prescribed by a physician, and submit samples of

the minor's blood or urine or both for tests to determine

the presence of any illicit drug; or

(t) comply with any other conditions as may be ordered

by the court.

(6) A minor whose case is continued under supervision

under subsection (5) shall be given a certificate setting

forth the conditions imposed by the court. Those conditions

may be reduced, enlarged, or modified by the court on motion of

the probation officer or on its own motion, or that of the

State's Attorney, or, at the request of the minor after notice

and hearing.

(7) If a petition is filed charging a violation of a

condition of the continuance under supervision, the court

shall conduct a hearing. If the court finds that a condition of

supervision has not been fulfilled, the court may proceed to

findings, adjudication, and disposition or adjudication and

disposition. The filing of a petition for violation of a

condition of the continuance under supervision shall toll the

period of continuance under supervision until the final

determination of the charge, and the term of the continuance

under supervision shall not run until the hearing and

disposition of the petition for violation; provided where the

petition alleges conduct that does not constitute a criminal

offense, the hearing must be held within 30 days of the filing

of the petition unless a delay shall continue the tolling of

the period of continuance under supervision for the period of

the delay.

(8) When a hearing in which a minor is alleged to be a

delinquent for reasons that include a violation of Section

21-1.3 of the Criminal Code of 1961 or the Criminal Code of

2012 is continued under this Section, the court shall, as a

condition of the continuance under supervision, require the

minor to perform community service for not less than 30 and not

more than 120 hours, if community service is available in the

jurisdiction. The community service shall include, but need

not be limited to, the cleanup and repair of the damage that

was caused by the alleged violation or similar damage to

property located in the municipality or county in which the

alleged violation occurred. The condition may be in addition

to any other condition. Community service shall not interfere

with the school hours, school-related activities, or work

commitments of the minor or the minor's parent, guardian, or

legal custodian.

(8.5) When a hearing in which a minor is alleged to be a

delinquent for reasons that include a violation of Section

3.02 or Section 3.03 of the Humane Care for Animals Act or

paragraph (d) of subsection (1) of Section 21-1 of the

Criminal Code of 1961 or paragraph (4) of subsection (a) of

Section 21-1 or the Criminal Code of 2012 is continued under

this Section, the court shall, as a condition of the

continuance under supervision, require the minor to undergo

medical or psychiatric treatment rendered by a psychiatrist or

psychological treatment rendered by a clinical psychologist.

The condition may be in addition to any other condition.

(9) When a hearing in which a minor is alleged to be a

delinquent is continued under this Section, the court, before

continuing the case, shall make a finding whether the offense

alleged to have been committed either: (i) was related to or in

furtherance of the activities of an organized gang or was

motivated by the minor's membership in or allegiance to an

organized gang, or (ii) is a violation of paragraph (13) of

subsection (a) of Section 12-2 or paragraph (2) of subsection

(c) of Section 12-2 of the Criminal Code of 1961 or the

Criminal Code of 2012, a violation of any Section of Article 24

of the Criminal Code of 1961 or the Criminal Code of 2012, or a

violation of any statute that involved the unlawful use of a

firearm. If the court determines the question in the

affirmative the court shall, as a condition of the continuance

under supervision and as part of or in addition to any other

condition of the supervision, require the minor to perform

community service for not less than 30 hours, provided that

community service is available in the jurisdiction and is

funded and approved by the county board of the county where the

offense was committed. The community service shall include,

but need not be limited to, the cleanup and repair of any

damage caused by an alleged violation of Section 21-1.3 of the

Criminal Code of 1961 or the Criminal Code of 2012 and similar

damage to property located in the municipality or county in

which the alleged violation occurred. When possible and

reasonable, the community service shall be performed in the

minor's neighborhood. 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.

Community service shall not interfere with the school hours,

school-related activities, or work commitments of the minor or

the minor's parent, guardian, or legal custodian.

(10) (Blank).

(11) (Blank).

(12) Fines and assessments, including any fee or

administrative cost authorized under Section 5-4.5-105,

5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the

Unified Code of Corrections, shall not be ordered or imposed

on a minor or the minor's parent, guardian, or legal custodian

as a condition of continuance under supervision. If the minor

or the minor's parent, guardian, or legal custodian is unable

to cover the cost of a condition under this subsection, the

court shall not preclude the minor from receiving continuance

under supervision based on the inability to pay. Inability to

pay shall not be grounds to object to the minor's placement on

a continuance under supervision.

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 8-25-23.)

(705 ILCS 405/5-625)

Sec. 5-625. Absence of minor.

(1) When a minor after arrest and an initial court

appearance for a felony, fails to appear for trial, at the

request of the State and after the State has affirmatively

proven through substantial evidence that the minor is

willfully avoiding trial, the court may commence trial in the

absence of the minor. The absent minor must be represented by

retained or appointed counsel. If trial had previously

commenced in the presence of the minor and the minor is

willfully absent for 2 successive court days, the court shall

proceed to trial. All procedural rights guaranteed by the

United States Constitution, Constitution of the State of

Illinois, statutes of the State of Illinois, and rules of

court shall apply to the proceedings the same as if the minor

were present in court. The court may set the case for a trial

which may be conducted under this Section despite the failure

of the minor to appear at the hearing at which the trial date

is set. When the trial date is set, the clerk shall send to the

minor, by certified mail at the minor's last known address,

notice of the new date which has been set for trial. The

notification shall be required when the minor was not

personally present in open court at the time when the case was

set for trial.

(2) The absence of the minor from a trial conducted under

this Section does not operate as a bar to concluding the trial,

to a finding of guilty resulting from the trial, or to a final

disposition of the trial in favor of the minor.

(3) Upon a finding or verdict of not guilty, the court

shall enter a finding for the minor. Upon a finding or verdict

of guilty, the court shall set a date for the hearing of

post-trial motions and shall hear the motion in the absence of

the minor. If post-trial motions are denied, the court shall

proceed to conduct a sentencing hearing and to impose a

sentence upon the minor. A social investigation is waived if

the minor is absent.

(4) A minor who is absent for part of the proceedings of

trial, post-trial motions, or sentencing, does not thereby

forfeit the minor's right to be present at all remaining

proceedings.

(5) When a minor who in the minor's absence has been either

found guilty or sentenced or both found guilty and sentenced

appears before the court, the minor must be granted a new trial

or a new sentencing hearing if the minor can establish that the

minor's failure to appear in court was both without the

minor's fault and due to circumstances beyond the minor's

control. A hearing with notice to the State's Attorney on the

minors request for a new trial or a new sentencing hearing must

be held before any such request may be granted. At any such

hearing both the minor and the State may present evidence.

(6) If the court grants only the minor's request for a new

sentencing hearing, then a new sentencing hearing shall be

held in accordance with the provisions of this Article. At any

such hearing, both the minor and the State may offer evidence

of the minor's conduct during the minor's period of absence

from the court. The court may impose any sentence authorized

by this Article and in the case of an extended juvenile

jurisdiction prosecution the Unified Code of Corrections and

is not in any way limited or restricted by any sentence

previously imposed.

(7) A minor whose motion under subsection (5) for a new

trial or new sentencing hearing has been denied may file a

notice of appeal from the denial. The notice may also include a

request for review of the finding and sentence not vacated by

the trial court.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

(705 ILCS 405/5-705)

Sec. 5-705. Sentencing hearing; evidence; continuance.

(1) In this subsection (1), "violent crime" has the same

meaning ascribed to the term in subsection (c) of Section 3 of

the Rights of Crime Victims and Witnesses Act. At the

sentencing hearing, the court shall determine whether it is in

the best interests of the minor or the public that the minor be

made a ward of the court, and, if the minor is to be made a

ward of the court, the court shall determine the proper

disposition best serving the interests of the minor and the

public. All evidence helpful in determining these questions,

including oral and written reports, may be admitted and may be

relied upon to the extent of its probative value, even though

not competent for the purposes of the trial. A crime victim

shall be allowed to present an oral or written statement, as

guaranteed by Article I, Section 8.1 of the Illinois

Constitution and as provided in Section 6 of the Rights of

Crime Victims and Witnesses Act, in any case in which: (a) a

juvenile has been adjudicated delinquent for a violent crime

after a bench or jury trial; or (b) the petition alleged the

commission of a violent crime and the juvenile has been

adjudicated delinquent under a plea agreement of a crime that

is not a violent crime. 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 statement. An oral 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. A record of a prior continuance under

supervision under Section 5-615, whether successfully

completed or not, is admissible at the sentencing hearing. No

order of commitment to the Department of Juvenile Justice

shall be entered against a minor before a written report of

social investigation, which has been completed within the

previous 60 days, is presented to and considered by the court.

(2) Once a party has been served in compliance with

Section 5-525, no further service or notice must be given to

that party prior to proceeding to a sentencing hearing. Before

imposing sentence the court shall advise the State's Attorney

and the parties who are present or their counsel of the factual

contents and the conclusions of the reports prepared for the

use of the court and considered by it, and afford fair

opportunity, if requested, to controvert them. Factual

contents, conclusions, documents and sources disclosed by the

court under this paragraph shall not be further disclosed

without the express approval of the court.

(3) On its own motion or that of the State's Attorney, a

parent, guardian, legal custodian, or counsel, the court may

adjourn the hearing for a reasonable period to receive reports

or other evidence and, in such event, shall make an

appropriate order for detention of the minor or the minor's

release from detention subject to supervision by the court

during the period of the continuance. In the event the court

shall order detention hereunder, the period of the continuance

shall not exceed 30 court days. At the end of such time, the

court shall release the minor from detention unless notice is

served at least 3 days prior to the hearing on the continued

date that the State will be seeking an extension of the period

of detention, which notice shall state the reason for the

request for the extension. The extension of detention may be

for a maximum period of an additional 15 court days or a lesser

number of days at the discretion of the court. However, at the

expiration of the period of extension, the court shall release

the minor from detention if a further continuance is granted.

In scheduling investigations and hearings, the court shall

give priority to proceedings in which a minor is in detention

or has otherwise been removed from the minor's home before a

sentencing order has been made.

(4) When commitment to the Department of Juvenile Justice

is ordered, the court shall state the basis for selecting the

particular disposition, and the court shall prepare such a

statement for inclusion in the record.

(5) Before a sentencing order is entered by the court

under Section 5-710 for a minor adjudged delinquent for a

violation of paragraph (3.5) of subsection (a) of Section 26-1

of the Criminal Code of 2012, in which the minor made a threat

of violence, death, or bodily harm against a person, school,

school function, or school event, the court may order a mental

health evaluation of the minor by a physician, clinical

psychologist, or qualified examiner, whether employed by the

State, by any public or private mental health facility or part

of the facility, or by any public or private medical facility

or part of the facility. A statement made by a minor during the

course of a mental health evaluation conducted under this

subsection (5) is not admissible on the issue of delinquency

during the course of an adjudicatory hearing held under this

Act. Neither the physician, clinical psychologist, or

qualified examiner, or the employer of the physician, clinical

psychologist, or qualified examiner, shall be held criminally,

civilly, or professionally liable for performing a mental

health examination under this subsection (5), except for

willful or wanton misconduct. In this subsection (5),

"qualified examiner" has the meaning provided in Section 1-122

of the Mental Health and Developmental Disabilities Code.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

(705 ILCS 405/5-710)

Sec. 5-710. Kinds of sentencing orders.

(1) The following kinds of sentencing orders may be made

in respect of wards of the court:

(a) Except as provided in Sections 5-805, 5-810, and

5-815, a minor who is found guilty under Section 5-620 may

be:

(i) put on probation or conditional discharge and

released to the minor's parents, guardian or legal

custodian, provided, however, that any such minor who

is not committed to the Department of Juvenile Justice

under this subsection and who is found to be a

delinquent for an offense which is first degree

murder, a Class X felony, or a forcible felony shall be

placed on probation;

(ii) placed in accordance with Section 5-740, with

or without also being put on probation or conditional

discharge;

(iii) required to undergo a substance abuse

assessment conducted by a licensed provider and

participate in the indicated clinical level of care;

(iv) on and after January 1, 2015 (the effective

date of Public Act 98-803) and before January 1, 2017,

placed in the guardianship of the Department of

Children and Family Services, but only if the

delinquent minor is under 16 years of age or, pursuant

to Article II of this Act, a minor under the age of 18

for whom an independent basis of abuse, neglect, or

dependency exists. On and after January 1, 2017,

placed in the guardianship of the Department of

Children and Family Services, but only if the

delinquent minor is under 15 years of age or, pursuant

to Article II of this Act, 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;

(v) placed in detention for a period not to exceed

30 days, either as the exclusive order of disposition

or, where appropriate, in conjunction with any other

order of disposition issued under this paragraph,

provided that any such detention shall be in a

juvenile detention home and the minor so detained

shall be 10 years of age or older. However, the 30-day

limitation may be extended by further order of the

court for a minor under age 15 committed to the

Department of Children and Family Services if the

court finds that the minor is a danger to the minor or

others. The minor shall be given credit on the

sentencing order of detention for time spent in

detention under Sections 5-501, 5-601, 5-710, or 5-720

of this Article as a result of the offense for which

the sentencing order was imposed. The court may grant

credit on a sentencing order of detention entered

under a violation of probation or violation of

conditional discharge under Section 5-720 of this

Article for time spent in detention before the filing

of the petition alleging the violation. A minor shall

not be deprived of credit for time spent in detention

before the filing of a violation of probation or

conditional discharge alleging the same or related act

or acts. The limitation that the minor shall only be

placed in a juvenile detention home does not apply as

follows:

Persons 18 years of age and older who have a

petition of delinquency filed against them may be

confined in an adult detention facility. In making a

determination whether to confine a person 18 years of

age or older who has a petition of delinquency filed

against the person, these factors, among other

matters, shall be considered:

(A) the age of the person;

(B) any previous delinquent or criminal

history of the person;

(C) any previous abuse or neglect history of

the person;

(D) any mental health history of the person;

and

(E) any educational history of the person;

(vi) ordered partially or completely emancipated

in accordance with the provisions of the Emancipation

of Minors Act;

(vii) subject to having the minor's driver's

license or driving privileges suspended for such time

as determined by the court but only until the minor

attains 18 years of age;

(viii) put on probation or conditional discharge

and placed in detention under Section 3-6039 of the

Counties Code for a period not to exceed the period of

incarceration permitted by law for adults found guilty

of the same offense or offenses for which the minor was

adjudicated delinquent, and in any event no longer

than upon attainment of age 21; this subdivision

(viii) notwithstanding any contrary provision of the

law;

(ix) ordered to undergo a medical or other

procedure to have a tattoo symbolizing allegiance to a

street gang removed from the minor's body; or

(x) placed in electronic monitoring or home

detention under Part 7A of this Article.

(b) A minor found to be guilty may be committed to the

Department of Juvenile Justice under Section 5-750 if the

minor is at least 13 years and under 20 years of age,

provided that the commitment to the Department of Juvenile

Justice shall be made only if the minor was found guilty of

a felony offense or first degree murder. The court shall

include in the sentencing order any pre-custody credits

the minor is entitled to under Section 5-4.5-100 of the

Unified Code of Corrections. The time during which a minor

is in custody before being released upon the request of a

parent, guardian or legal custodian shall also be

considered as time spent in custody.

(c) When a minor is found to be guilty for an offense

which is a violation of the Illinois Controlled Substances

Act, the Cannabis Control Act, or the Methamphetamine

Control and Community Protection Act and made a ward of

the court, the court may enter a disposition order

requiring the minor to undergo assessment, counseling or

treatment in a substance use disorder treatment program

approved by the Department of Human Services.

(2) Any sentencing order other than commitment to the

Department of Juvenile Justice may provide for protective

supervision under Section 5-725 and may include an order of

protection under Section 5-730.

(3) Unless the sentencing order expressly so provides, it

does not operate to close proceedings on the pending petition,

but is subject to modification until final closing and

discharge of the proceedings under Section 5-750.

(4) In addition to any other sentence, the court may order

any minor found to be delinquent to make restitution, in

monetary or non-monetary form, under the terms and conditions

of Section 5-5-6 of the Unified Code of Corrections, except

that the "presentencing hearing" referred to in that Section

shall be the sentencing hearing for purposes of this Section.

The parent, guardian or legal custodian of the minor may be

ordered by the court to pay some or all of the restitution on

the minor's behalf, pursuant to the Parental Responsibility

Law. The State's Attorney is authorized to act on behalf of any

victim in seeking restitution in proceedings under this

Section, up to the maximum amount allowed in Section 5 of the

Parental Responsibility Law.

(5) Any sentencing order where the minor is committed or

placed in accordance with Section 5-740 shall provide for the

parents or guardian of the estate of the minor to pay to the

legal custodian or guardian of the person of the minor such

sums as are determined by the custodian or guardian of the

person of the minor as necessary for the minor's needs. The

payments may not exceed the maximum amounts provided for by

Section 9.1 of the Children and Family Services Act.

(6) Whenever the sentencing order requires the minor to

attend school or participate in a program of training, the

truant officer or designated school official shall regularly

report to the court if the minor is a chronic or habitual

truant under Section 26-2a of the School Code. Notwithstanding

any other provision of this Act, in instances in which

educational services are to be provided to a minor in a

residential facility where the minor has been placed by the

court, costs incurred in the provision of those educational

services must be allocated based on the requirements of the

School Code.

(7) In no event shall a guilty minor be committed to the

Department of Juvenile Justice for a period of time in excess

of that period for which an adult could be committed for the

same act. The court shall include in the sentencing order a

limitation on the period of confinement not to exceed the

maximum period of imprisonment the court could impose under

Chapter V of the Unified Code of Corrections.

(7.5) In no event shall a guilty minor be committed to the

Department of Juvenile Justice or placed in detention when the

act for which the minor was adjudicated delinquent would not

be illegal if committed by an adult.

(7.6) In no event shall a guilty minor be committed to the

Department of Juvenile Justice for an offense which is a Class

4 felony under Section 19-4 (criminal trespass to a

residence), 21-1 (criminal damage to property), 21-1.01

(criminal damage to government supported property), 21-1.3

(criminal defacement of property), 26-1 (disorderly conduct),

or 31-4 (obstructing justice) of the Criminal Code of 2012.

(7.75) In no event shall a guilty minor be committed to the

Department of Juvenile Justice for an offense that is a Class 3

or Class 4 felony violation of the Illinois Controlled

Substances Act unless the commitment occurs upon a third or

subsequent judicial finding of a violation of probation for

substantial noncompliance with court-ordered treatment or

programming.

(8) A minor found to be guilty for reasons that include a

violation of Section 21-1.3 of the Criminal Code of 1961 or the

Criminal Code of 2012 shall be ordered to perform community

service for not less than 30 and not more than 120 hours, if

community service is available in the jurisdiction. The

community service shall include, but need not be limited to,

the cleanup and repair of the damage that was caused by the

violation or similar damage to property located in the

municipality or county in which the violation occurred. The

order may be in addition to any other order authorized by this

Section. Community service shall not interfere with the school

hours, school-related activities, or work commitments of the

minor or the minor's parent, guardian, or legal custodian.

(8.5) A minor found to be guilty for reasons that include a

violation of Section 3.02 or Section 3.03 of the Humane Care

for Animals Act or paragraph (d) of subsection (1) of Section

21-1 of the Criminal Code of 1961 or paragraph (4) of

subsection (a) of Section 21-1 of the Criminal Code of 2012

shall be ordered to undergo medical or psychiatric treatment

rendered by a psychiatrist or psychological treatment rendered

by a clinical psychologist. The order may be in addition to any

other order authorized by this Section.

(9) In addition to any other sentencing order, the court

shall order any minor found to be guilty for an act which would

constitute, predatory criminal sexual assault of a child,

aggravated criminal sexual assault, criminal sexual assault,

aggravated criminal sexual abuse, or criminal sexual abuse if

committed by an adult to 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 agency of

acquired immunodeficiency syndrome (AIDS). Any 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 minor's person. Except as

otherwise provided by law, the results of the 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 sentencing

order 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 the results of the testing may be revealed. The court

shall notify the minor of the results of the test for infection

with the human immunodeficiency virus (HIV). 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 the legal guardian, of the results of the test for

infection with the human immunodeficiency virus (HIV). The

court shall provide information on the availability of HIV

testing and counseling at the Department of Public Health

facilities to all parties to whom the results of the testing

are revealed. The court shall order that the cost of any test

shall be paid by the county.

(10) When a court finds a minor to be guilty the court

shall, before entering a sentencing order under this Section,

make a finding whether the offense committed either: (a) was

related to or in furtherance of the criminal activities of an

organized gang or was motivated by the minor's membership in

or allegiance to an organized gang, or (b) involved a

violation of subsection (a) of Section 12-7.1 of the Criminal

Code of 1961 or the Criminal Code of 2012, a violation of any

Section of Article 24 of the Criminal Code of 1961 or the

Criminal Code of 2012, or a violation of any statute that

involved the wrongful use of a firearm. If the court

determines the question in the affirmative, and the court does

not commit the minor to the Department of Juvenile Justice,

the court shall order the minor to perform community service

for not less than 30 hours nor more than 120 hours, provided

that community service is available in the jurisdiction and is

funded and approved by the county board of the county where the

offense was committed. The community service shall include,

but need not be limited to, the cleanup and repair of any

damage caused by a violation of Section 21-1.3 of the Criminal

Code of 1961 or the Criminal Code of 2012 and similar damage to

property located in the municipality or county in which the

violation occurred. When possible and reasonable, the

community service shall be performed in the minor's

neighborhood. This order shall be in addition to any other

order authorized by this Section except for an order to place

the minor in the custody of the Department of Juvenile

Justice. Community service shall not interfere with the school

hours, school-related activities, or work commitments of the

minor or the minor's parent, guardian, or legal custodian. 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.

(11) If the court determines that the offense was

committed in furtherance of the criminal activities of an

organized gang, as provided in subsection (10), and that the

offense involved the operation or use of a motor vehicle or the

use of a driver's license or permit, the court shall notify the

Secretary of State of that determination and of the period for

which the minor shall be denied driving privileges. If, at the

time of the determination, the minor does not hold a driver's

license or permit, the court shall provide that the minor

shall not be issued a driver's license or permit until the

minor's 18th birthday. If the minor holds a driver's license

or permit at the time of the determination, the court shall

provide that the minor's driver's license or permit shall be

revoked until the minor's 21st birthday, or until a later date

or occurrence determined by the court. If the minor holds a

driver's license at the time of the determination, the court

may direct the Secretary of State to issue the minor a judicial

driving permit, also known as a JDP. The JDP shall be subject

to the same terms as a JDP issued under Section 6-206.1 of the

Illinois Vehicle Code, except that the court may direct that

the JDP be effective immediately.

(12) (Blank).

(13) Fines and assessments, including any fee or

administrative cost authorized under Section 5-4.5-105,

5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the

Unified Code of Corrections, relating to any sentencing order

shall not be ordered or imposed on a minor or the minor's

parent, guardian, or legal custodian. The inability of a

minor, or minor's parent, guardian, or legal custodian, to

cover the costs associated with an appropriate sentencing

order shall not be the basis for the court to enter a

sentencing order incongruent with the court's findings

regarding the offense on which the minor was adjudicated or

the mitigating factors.

(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23;

103-379, eff. 7-28-23; revised 8-25-23.)

(705 ILCS 405/5-715)

Sec. 5-715. Probation.

(1) The period of probation or conditional discharge shall

not exceed 5 years or until the minor has attained the age of

21 years, whichever is less, except as provided in this

Section for a minor who is found to be guilty for an offense

which is first degree murder. The juvenile court may terminate

probation or conditional discharge and discharge the minor at

any time if warranted by the conduct of the minor and the ends

of justice; provided, however, that the period of probation

for a minor who is found to be guilty for an offense which is

first degree murder shall be at least 5 years.

(1.5) The period of probation for a minor who is found

guilty of aggravated criminal sexual assault, criminal sexual

assault, or aggravated battery with a firearm shall be at

least 36 months. The period of probation for a minor who is

found to be guilty of any other Class X felony shall be at

least 24 months. The period of probation for a Class 1 or Class

2 forcible felony shall be at least 18 months. Regardless of

the length of probation ordered by the court, for all offenses

under this subsection paragraph (1.5), the court shall

schedule hearings to determine whether it is in the best

interest of the minor and public safety to terminate probation

after the minimum period of probation has been served. In such

a hearing, there shall be a rebuttable presumption that it is

in the best interest of the minor and public safety to

terminate probation.

(2) The court may as a condition of probation or of

conditional discharge require that the minor:

(a) not violate any criminal statute of any

jurisdiction;

(b) make a report to and appear in person before any

person or agency as directed by the court;

(c) work or pursue a course of study or vocational

training;

(d) undergo medical or psychiatric treatment, rendered

by a psychiatrist or psychological treatment rendered by a

clinical psychologist or social work services rendered by

a clinical social worker, or treatment for drug addiction

or alcoholism;

(e) attend or reside in a facility established for the

instruction or residence of persons on probation;

(f) support the minor's dependents, if any;

(g) refrain from possessing a firearm or other

dangerous weapon, or an automobile;

(h) permit the probation officer to visit the minor at

the minor's home or elsewhere;

(i) reside with the minor's parents or in a foster

home;

(j) attend school;

(j-5) with the consent of the superintendent of the

facility, attend an educational program at a facility

other than the school in which the offense was committed

if the minor committed a crime of violence as defined in

Section 2 of the Crime Victims Compensation Act in a

school, on the real property comprising a school, or

within 1,000 feet of the real property comprising a

school;

(k) attend a non-residential program for youth;

(l) make restitution under the terms of subsection (4)

of Section 5-710;

(m) provide nonfinancial contributions to the minor's

own support at home or in a foster home;

(n) perform some reasonable public or community

service that does not interfere with school hours,

school-related activities, or work commitments of the

minor or the minor's parent, guardian, or legal custodian;

(o) participate with community corrections programs

including unified delinquency intervention services

administered by the Department of Human Services subject

to Section 5 of the Children and Family Services Act;

(p) (blank);

(q) serve a term of home confinement. In addition to

any other applicable condition of probation or conditional

discharge, the conditions of home confinement shall be

that the minor:

(i) remain within the interior premises of the

place designated for the minor's confinement during

the hours designated by the court;

(ii) admit any person or agent designated by the

court into the minor's place of confinement at any

time for purposes of verifying the minor's compliance

with the conditions of the minor's confinement; and

(iii) use an approved electronic monitoring device

if ordered by the court subject to Article 8A of

Chapter V of the Unified Code of Corrections;

(r) refrain from entering into a designated geographic

area except upon terms as the court finds appropriate. The

terms may include consideration of the purpose of the

entry, the time of day, other persons accompanying the

minor, and advance approval by a probation officer, if the

minor has been placed on probation, or advance approval by

the court, if the minor has been placed on conditional

discharge;

(s) refrain from having any contact, directly or

indirectly, with certain specified persons or particular

types of persons, including, but not limited to, members

of street gangs and drug users or dealers;

(s-5) undergo a medical or other procedure to have a

tattoo symbolizing allegiance to a street gang removed

from the minor's body;

(t) refrain from having in the minor's body the

presence of any illicit drug prohibited by the Cannabis

Control Act, the Illinois Controlled Substances Act, or

the Methamphetamine Control and Community Protection Act,

unless prescribed by a physician, and shall submit samples

of the minor's blood or urine or both for tests to

determine the presence of any illicit drug; or

(u) comply with other conditions as may be ordered by

the court.

(3) The court may as a condition of probation or of

conditional discharge require that a minor found guilty on any

alcohol, cannabis, methamphetamine, or controlled substance

violation, refrain from acquiring a driver's license during

the period of probation or conditional discharge. If the minor

is in possession of a permit or license, the court may require

that the minor refrain from driving or operating any motor

vehicle during the period of probation or conditional

discharge, except as may be necessary in the course of the

minor's lawful employment.

(3.5) The court shall, as a condition of probation or of

conditional discharge, require that a minor found to be guilty

and placed on probation for reasons that include a violation

of Section 3.02 or Section 3.03 of the Humane Care for Animals

Act or paragraph (4) of subsection (a) of Section 21-1 of the

Criminal Code of 2012 undergo medical or psychiatric treatment

rendered by a psychiatrist or psychological treatment rendered

by a clinical psychologist. The condition may be in addition

to any other condition.

(3.10) The court shall order that a minor placed on

probation or conditional discharge for a sex offense as

defined in the Sex Offender Management Board Act undergo and

successfully complete sex offender treatment. The treatment

shall be in conformance with the standards developed under the

Sex Offender Management Board Act and conducted by a treatment

provider approved by the Board.

(4) A minor on probation or conditional discharge shall be

given a certificate setting forth the conditions upon which

the minor is being released.

(5) (Blank).

(5.5) Jurisdiction over an offender may be transferred

from the sentencing court to the court of another circuit with

the concurrence of both courts. Further transfers or

retransfers of jurisdiction are also authorized in the same

manner. The court to which jurisdiction has been transferred

shall have the same powers as the sentencing court.

If the transfer case originated in another state and has

been transferred under the Interstate Compact for Juveniles to

the jurisdiction of an Illinois circuit court for supervision

by an Illinois probation department, probation fees may be

imposed only if permitted by the Interstate Commission for

Juveniles.

(6) The General Assembly finds that in order to protect

the public, the juvenile justice system must compel compliance

with the conditions of probation by responding to violations

with swift, certain, and fair punishments and intermediate

sanctions. The Chief Judge of each circuit shall adopt a

system of structured, intermediate sanctions for violations of

the terms and conditions of a sentence of supervision,

probation, or conditional discharge, under this Act.

The court shall provide as a condition of a disposition of

probation, conditional discharge, or supervision, that the

probation agency may invoke any sanction from the list of

intermediate sanctions adopted by the chief judge of the

circuit court for violations of the terms and conditions of

the sentence of probation, conditional discharge, or

supervision, subject to the provisions of Section 5-720 of

this Act.

(7) Fines and assessments, including any fee or

administrative cost authorized under Section 5-4.5-105,

5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the

Unified Code of Corrections, shall not be ordered or imposed

on a minor or the minor's parent, guardian, or legal custodian

as a condition of probation, conditional discharge, or

supervision. If the minor or the minor's parent, guardian, or

legal custodian is unable to cover the cost of a condition

under this subsection, the court shall not preclude the minor

from receiving probation, conditional discharge, or

supervision based on the inability to pay. Inability to pay

shall not be grounds to object to the minor's placement on

probation, conditional discharge, or supervision.

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 9-25-23.)

(705 ILCS 405/5-810)

Sec. 5-810. Extended jurisdiction juvenile prosecutions.

(1)(a) If the State's Attorney files a petition, at any

time prior to commencement of the minor's trial, to designate

the proceeding as an extended jurisdiction juvenile

prosecution and the petition alleges the commission by a minor

13 years of age or older of any offense which would be a felony

if committed by an adult, and, if the juvenile judge assigned

to hear and determine petitions to designate the proceeding as

an extended jurisdiction juvenile prosecution determines that

there is probable cause to believe that the allegations in the

petition and motion are true, there is a rebuttable

presumption that the proceeding shall be designated as an

extended jurisdiction juvenile proceeding.

(b) The judge shall enter an order designating the

proceeding as an extended jurisdiction juvenile proceeding

unless the judge makes a finding based on clear and convincing

evidence that sentencing under the Chapter V of the Unified

Code of Corrections would not be appropriate for the minor

based on an evaluation of the following factors:

(i) the age of the minor;

(ii) the history of the minor, including:

(A) any previous delinquent or criminal history of

the minor,

(B) any previous abuse or neglect history of the

minor,

(C) any mental health, physical and/or educational

history of the minor, and

(D) any involvement of the minor in the child

welfare system;

(iii) the circumstances of the offense, including:

(A) the seriousness of the offense,

(B) whether the minor is charged through

accountability,

(C) whether there is evidence the offense was

committed in an aggressive and premeditated manner,

(D) whether there is evidence the offense caused

serious bodily harm,

(E) whether there is evidence the minor possessed

a deadly weapon,

(F) whether there is evidence the minor was

subjected to outside pressure, including peer

pressure, familial pressure, or negative influences,

and

(G) the minor's degree of participation and

specific role in the offense;

(iv) the advantages of treatment within the juvenile

justice system including whether there are facilities or

programs, or both, particularly available in the juvenile

system;

(v) whether the security of the public requires

sentencing under Chapter V of the Unified Code of

Corrections:

(A) the minor's history of services, including the

minor's willingness to participate meaningfully in

available services;

(B) whether there is a reasonable likelihood that

the minor can be rehabilitated before the expiration

of the juvenile court's jurisdiction;

(C) the adequacy of the punishment or services.

In considering these factors, the court shall give greater

weight to the seriousness of the alleged offense, and the

minor's prior record of delinquency than to other factors

listed in this subsection.

(2) Procedures for extended jurisdiction juvenile

prosecutions. The State's Attorney may file a written motion

for a proceeding to be designated as an extended juvenile

jurisdiction prior to commencement of trial. Notice of the

motion shall be in compliance with Section 5-530. When the

State's Attorney files a written motion that a proceeding be

designated an extended jurisdiction juvenile prosecution, the

court shall commence a hearing within 30 days of the filing of

the motion for designation, unless good cause is shown by the

prosecution or the minor as to why the hearing could not be

held within this time period. If the court finds good cause has

been demonstrated, then the hearing shall be held within 60

days of the filing of the motion. The hearings shall be open to

the public unless the judge finds that the hearing should be

closed for the protection of any party, victim or witness. If

the Juvenile Judge assigned to hear and determine a motion to

designate an extended jurisdiction juvenile prosecution

determines that there is probable cause to believe that the

allegations in the petition and motion are true the court

shall grant the motion for designation. 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 on reliable

information offered by the State or the minor. All evidence

shall be admissible if it is relevant and reliable regardless

of whether it would be admissible under the rules of evidence.

(3) Trial. A minor who is subject of an extended

jurisdiction juvenile prosecution has the right to trial by

jury. Any trial under this Section shall be open to the public.

(4) Sentencing. If an extended jurisdiction juvenile

prosecution under subsection (1) results in a guilty plea, a

verdict of guilty, or a finding of guilt, the court shall

impose the following:

(i) one or more juvenile sentences under Section

5-710; and

(ii) an adult criminal sentence in accordance with the

provisions of Section 5-4.5-105 of the Unified Code of

Corrections, the execution of which shall be stayed on the

condition that the offender not violate the provisions of

the juvenile sentence.

Any sentencing hearing under this Section shall be open to the

public.

(5) If, after an extended jurisdiction juvenile

prosecution trial, a minor is convicted of a lesser-included

offense or of an offense that the State's Attorney did not

designate as an extended jurisdiction juvenile prosecution,

the State's Attorney may file a written motion, within 10 days

of the finding of guilt, that the minor be sentenced as an

extended jurisdiction juvenile prosecution offender. The court

shall rule on this motion using the factors found in paragraph

(1)(b) of Section 5-805. If the court denies the State's

Attorney's motion for sentencing under the extended

jurisdiction juvenile prosecution provision, the court shall

proceed to sentence the minor under Section 5-710.

(6) When it appears that a minor convicted in an extended

jurisdiction juvenile prosecution under subsection (1) has

violated the conditions of the minor's sentence, or is alleged

to have committed a new offense upon the filing of a petition

to revoke the stay, the court may, without notice, issue a

warrant for the arrest of the minor. After a hearing, if the

court finds by a preponderance of the evidence that the minor

committed a new offense, the court shall order execution of

the previously imposed adult criminal sentence. After a

hearing, if the court finds by a preponderance of the evidence

that the minor committed a violation of the minor's sentence

other than by a new offense, the court may order execution of

the previously imposed adult criminal sentence or may continue

the minor on the existing juvenile sentence with or without

modifying or enlarging the conditions. Upon revocation of the

stay of the adult criminal sentence and imposition of that

sentence, the minor's extended jurisdiction juvenile status

shall be terminated. The on-going jurisdiction over the

minor's case shall be assumed by the adult criminal court and

juvenile court jurisdiction shall be terminated and a report

of the imposition of the adult sentence shall be sent to the

Illinois State Police.

(7) Upon successful completion of the juvenile sentence

the court shall vacate the adult criminal sentence.

(8) Nothing in this Section precludes the State from

filing a motion for transfer under Section 5-805.

(Source: P.A. 103-22, eff. 8-8-23; 103-191, eff. 1-1-24;

revised 12-15-23.)

(705 ILCS 405/5-915)

Sec. 5-915. Expungement of juvenile law enforcement and

juvenile court records.

(0.05) (Blank).

(0.1)(a) The Illinois State Police and all law enforcement

agencies within the State shall automatically expunge, on or

before January 1 of each year, except as described in

paragraph (c) of this subsection (0.1), all juvenile law

enforcement records relating to events occurring before an

individual's 18th birthday if:

(1) one year or more has elapsed since the date of the

arrest or law enforcement interaction documented in the

records;

(2) no petition for delinquency or criminal charges

were filed with the clerk of the circuit court relating to

the arrest or law enforcement interaction documented in

the records; and

(3) 6 months have elapsed since the date of the arrest

without an additional subsequent arrest or filing of a

petition for delinquency or criminal charges whether

related or not to the arrest or law enforcement

interaction documented in the records.

(b) If the law enforcement agency is unable to verify

satisfaction of conditions (2) and (3) of this subsection

(0.1), records that satisfy condition (1) of this subsection

(0.1) shall be automatically expunged if the records relate to

an offense that if committed by an adult would not be an

offense classified as a Class 2 felony or higher, an offense

under Article 11 of the Criminal Code of 1961 or Criminal Code

of 2012, or an offense under Section 12-13, 12-14, 12-14.1,

12-15, or 12-16 of the Criminal Code of 1961.

(c) If the juvenile law enforcement record was received

through a public submission to a statewide student

confidential reporting system administered by the Illinois

State Police, the record will be maintained for a period of 5

years according to all other provisions in this subsection

(0.1).

(0.15) If a juvenile law enforcement record meets

paragraph (a) of subsection (0.1) of this Section, a juvenile

law enforcement record created:

(1) prior to January 1, 2018, but on or after January

1, 2013 shall be automatically expunged prior to January

1, 2020;

(2) prior to January 1, 2013, but on or after January

1, 2000, shall be automatically expunged prior to January

1, 2023; and

(3) prior to January 1, 2000 shall not be subject to

the automatic expungement provisions of this Act.

Nothing in this subsection (0.15) shall be construed to

restrict or modify an individual's right to have the person's

juvenile law enforcement records expunged except as otherwise

may be provided in this Act.

(0.2)(a) Upon dismissal of a petition alleging delinquency

or upon a finding of not delinquent, the successful

termination of an order of supervision, or the successful

termination of an adjudication for an offense which would be a

Class B misdemeanor, Class C misdemeanor, or a petty or

business offense if committed by an adult, the court shall

automatically order the expungement of the juvenile court

records and juvenile law enforcement records. The clerk shall

deliver a certified copy of the expungement order to the

Illinois State Police and the arresting agency. Upon request,

the State's Attorney shall furnish the name of the arresting

agency. The expungement shall be completed within 60 business

days after the receipt of the expungement order.

(b) If the chief law enforcement officer of the agency, or

the chief law enforcement officer's designee, certifies in

writing that certain information is needed for a pending

investigation involving the commission of a felony, that

information, and information identifying the juvenile, may be

retained until the statute of limitations for the felony has

run. If the chief law enforcement officer of the agency, or the

chief law enforcement officer's designee, certifies in writing

that certain information is needed with respect to an internal

investigation of any law enforcement office, that information

and information identifying the juvenile may be retained

within an intelligence file until the investigation is

terminated or the disciplinary action, including appeals, has

been completed, whichever is later. Retention of a portion of

a juvenile's law enforcement record does not disqualify the

remainder of a juvenile's record from immediate automatic

expungement.

(0.3)(a) Upon an adjudication of delinquency based on any

offense except a disqualified offense, the juvenile court

shall automatically order the expungement of the juvenile

court and law enforcement records 2 years after the juvenile's

case was closed if no delinquency or criminal proceeding is

pending and the person has had no subsequent delinquency

adjudication or criminal conviction. The clerk shall deliver a

certified copy of the expungement order to the Illinois State

Police and the arresting agency. Upon request, the State's

Attorney shall furnish the name of the arresting agency. The

expungement shall be completed within 60 business days after

the receipt of the expungement order. In this subsection

(0.3), "disqualified offense" means any of the following

offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,

10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,

11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,

12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,

12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,

18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,

24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,

31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or

subsection (b) of Section 8-1, paragraph (4) of subsection (a)

of Section 11-14.4, subsection (a-5) of Section 12-3.1,

paragraph (1), (2), or (3) of subsection (a) of Section 12-6,

subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or

(2) of subsection (a) of Section 12-7.4, subparagraph (i) of

paragraph (1) of subsection (a) of Section 12-9, subparagraph

(H) of paragraph (3) of subsection (a) of Section 24-1.6,

paragraph (1) of subsection (a) of Section 25-1, or subsection

(a-7) of Section 31-1 of the Criminal Code of 2012.

(b) If the chief law enforcement officer of the agency, or

the chief law enforcement officer's designee, certifies in

writing that certain information is needed for a pending

investigation involving the commission of a felony, that

information, and information identifying the juvenile, may be

retained in an intelligence file until the investigation is

terminated or for one additional year, whichever is sooner.

Retention of a portion of a juvenile's juvenile law

enforcement record does not disqualify the remainder of a

juvenile's record from immediate automatic expungement.

(0.4) Automatic expungement for the purposes of this

Section shall not require law enforcement agencies to

obliterate or otherwise destroy juvenile law enforcement

records that would otherwise need to be automatically expunged

under this Act, except after 2 years following the subject

arrest for purposes of use in civil litigation against a

governmental entity or its law enforcement agency or personnel

which created, maintained, or used the records. However, these

juvenile law enforcement records shall be considered expunged

for all other purposes during this period and the offense,

which the records or files concern, shall be treated as if it

never occurred as required under Section 5-923.

(0.5) Subsection (0.1) or (0.2) of this Section does not

apply to violations of traffic, boating, fish and game laws,

or county or municipal ordinances.

(0.6) Juvenile law enforcement records of a plaintiff who

has filed civil litigation against the governmental entity or

its law enforcement agency or personnel that created,

maintained, or used the records, or juvenile law enforcement

records that contain information related to the allegations

set forth in the civil litigation may not be expunged until

after 2 years have elapsed after the conclusion of the

lawsuit, including any appeal.

(0.7) Officer-worn body camera recordings shall not be

automatically expunged except as otherwise authorized by the

Law Enforcement Officer-Worn Body Camera Act.

(1) Whenever a person has been arrested, charged, or

adjudicated delinquent for an incident occurring before a

person's 18th birthday that if committed by an adult would be

an offense, and that person's juvenile law enforcement and

juvenile court records are not eligible for automatic

expungement under subsection (0.1), (0.2), or (0.3), the

person may petition the court at any time at no cost to the

person for expungement of juvenile law enforcement records and

juvenile court records relating to the incident and, upon

termination of all juvenile court proceedings relating to that

incident, the court shall order the expungement of all records

in the possession of the Illinois State Police, the clerk of

the circuit court, and law enforcement agencies relating to

the incident, but only in any of the following circumstances:

(a) the minor was arrested and no petition for

delinquency was filed with the clerk of the circuit court;

(a-5) the minor was charged with an offense and the

petition or petitions were dismissed without a finding of

delinquency;

(b) the minor was charged with an offense and was

found not delinquent of that offense;

(c) the minor was placed under supervision under

Section 5-615, and the order of supervision has since been

successfully terminated; or

(d) the minor was adjudicated for an offense which

would be a Class B misdemeanor, Class C misdemeanor, or a

petty or business offense if committed by an adult.

(1.5) At no cost to the person, the Illinois State Police

shall allow a person to use the Access and Review process,

established in the Illinois State Police, for verifying that

the person's juvenile law enforcement records relating to

incidents occurring before the person's 18th birthday eligible

under this Act have been expunged.

(1.6) (Blank).

(1.7) (Blank).

(1.8) (Blank).

(2) Any person whose delinquency adjudications are not

eligible for automatic expungement under subsection (0.3) of

this Section may petition the court at no cost to the person to

expunge all juvenile law enforcement records relating to any

incidents occurring before the person's 18th birthday which

did not result in proceedings in criminal court and all

juvenile court records with respect to any adjudications

except those based upon first degree murder or an offense

under Article 11 of the Criminal Code of 2012 if the person is

required to register under the Sex Offender Registration Act

at the time the person petitions the court for expungement;

provided that 2 years have elapsed since all juvenile court

proceedings relating to the person have been terminated and

the person's commitment to the Department of Juvenile Justice

under this Act has been terminated.

(2.5) If a minor is arrested and no petition for

delinquency is filed with the clerk of the circuit court at the

time the minor is released from custody, the youth officer, if

applicable, or other designated person from the arresting

agency, shall notify verbally and in writing to the minor or

the minor's parents or guardians that the minor shall have an

arrest record and shall provide the minor and the minor's

parents or guardians with an expungement information packet,

information regarding this State's expungement laws including

a petition to expunge juvenile law enforcement and juvenile

court records obtained from the clerk of the circuit court.

(2.6) If a minor is referred to court, then, at the time of

sentencing, dismissal of the case, or successful completion of

supervision, the judge shall inform the delinquent minor of

the minor's rights regarding expungement and the clerk of the

circuit court shall provide an expungement information packet

to the minor, written in plain language, including information

regarding this State's expungement laws and a petition for

expungement, a sample of a completed petition, expungement

instructions that shall include information informing the

minor that (i) once the case is expunged, it shall be treated

as if it never occurred, (ii) the minor shall not be charged a

fee to petition for expungement, (iii) once the minor obtains

an expungement, the minor may not be required to disclose that

the minor had a juvenile law enforcement or juvenile court

record, and (iv) if petitioning the minor may file the

petition on the minor's own or with the assistance of an

attorney. The failure of the judge to inform the delinquent

minor of the minor's right to petition for expungement as

provided by law does not create a substantive right, nor is

that failure grounds for: (i) a reversal of an adjudication of

delinquency; (ii) a new trial; or (iii) an appeal.

(2.7) (Blank).

(2.8) (Blank).

(3) (Blank).

(3.1) (Blank).

(3.2) (Blank).

(3.3) (Blank).

(4) (Blank).

(5) (Blank).

(5.5) Whether or not expunged, records eligible for

automatic expungement under subdivision (0.1)(a), (0.2)(a), or

(0.3)(a) may be treated as expunged by the individual subject

to the records.

(6) (Blank).

(6.5) The Illinois State Police or any employee of the

Illinois State Police shall be immune from civil or criminal

liability for failure to expunge any records of arrest that

are subject to expungement under this Section because of

inability to verify a record. Nothing in this Section shall

create Illinois State Police liability or responsibility for

the expungement of juvenile law enforcement records it does

not possess.

(7) (Blank).

(7.5) (Blank).

(8) The expungement of juvenile law enforcement or

juvenile court records under subsection (0.1), (0.2), or (0.3)

of this Section shall be funded by appropriation by the

General Assembly for that purpose.

(9) (Blank).

(10) (Blank).

(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;

102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.

6-30-23; 103-379, eff. 7-28-23; revised 8-30-23.)

(705 ILCS 405/6-7) (from Ch. 37, par. 806-7)

Sec. 6-7. Financial responsibility of counties.

(1) Each county board shall provide in its annual

appropriation ordinance or annual budget, as the case may be,

a reasonable sum for payments for the care and support of

minors, and for payments for court appointed counsel in

accordance with orders entered under this Act in an amount

which in the judgment of the county board may be needed for

that purpose. Such appropriation or budget item constitutes a

separate fund into which shall be paid the moneys appropriated

by the county board, and all reimbursements by other persons

and by the State. For cases involving minors subject to

Article III, IV, or V of this Act or minors under the age of 18

transferred to adult court or excluded from juvenile court

jurisdiction under Article V of this Act, the county board

shall not seek reimbursement from a minor or the minor's

parent, guardian, or legal custodian.

(2) No county may be charged with the care and support of

any minor who is not a resident of the county unless the

minor's parents or guardian are unknown or the minor's place

of residence cannot be determined.

(3) No order upon the county for care and support of a

minor may be entered until the president or chairman of the

county board has had due notice that such a proceeding is

pending.

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 8-30-23.)

(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)

Sec. 6-9. Enforcement of liability of parents and others.

(1) If parentage is at issue in any proceeding under this

Act, other than cases involving those exceptions to the

definition of parent set out in item (11) in Section 1-3, then

the Illinois Parentage Act of 2015 shall apply and the court

shall enter orders consistent with that Act. If it appears at

any hearing that a parent or any other person named in the

petition, liable under the law for the support of the minor, is

able to contribute to the minor's support, the court shall

enter an order requiring that parent or other person to pay the

clerk of the court, or to the guardian or custodian appointed

under Section 2-27, a reasonable sum from time to time for the

care, support, and necessary special care or treatment of the

minor. If the court determines at any hearing that a parent or

any other person named in the petition, liable under the law

for the support of the minor, is able to contribute to help

defray the costs associated with the minor's detention in a

county or regional detention center, the court shall enter an

order requiring that parent or other person to pay the clerk of

the court a reasonable sum for the care and support of the

minor. The court may require reasonable security for the

payments. Upon failure to pay, the court may enforce obedience

to the order by a proceeding as for contempt of court.

Costs associated with detention, legal representation, or

other services or programs under Article III, IV, or V of this

Act shall not be ordered or imposed on a parent, guardian, or

legal custodian liable under the law for the support of a

minor. the minor's the parent or other person the person's

(2) (Blank). the person the person the person's the person

the person's the person the person's the person

(3) If the minor is a recipient of public aid under the

Illinois Public Aid Code, the court shall order that payments

made by a parent or through assignment of the parent's wages,

salary, or commission be made directly to (a) the Department

of Healthcare and Family Services if the minor is a recipient

of aid under Article V of the Code, (b) the Department of Human

Services if the minor is a recipient of aid under Article IV of

the Code, or (c) the local governmental unit responsible for

the support of the minor if the minor is a recipient under

Article Articles VI or VII of the Code. The order shall permit

the Department of Healthcare and Family Services, the

Department of Human Services, or the local governmental unit,

as the case may be, to direct that subsequent payments be made

directly to the guardian or custodian of the minor, or to some

other person or agency in the minor's behalf, upon removal of

the minor from the public aid rolls; and upon such direction

and removal of the minor from the public aid rolls, the

Department of Healthcare and Family Services, the Department

of Human Services, or the local governmental unit, as the case

requires, shall give written notice of such action to the

court. Payments received by the Department of Healthcare and

Family Services, the Department of Human Services, or the

local governmental unit are to be covered, respectively, into

the General Revenue Fund of the State Treasury or the General

Assistance Fund of the governmental unit, as provided in

Section 10-19 of the Illinois Public Aid Code.

(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;

revised 9-15-23.)

(705 ILCS 405/6-10) (from Ch. 37, par. 806-10)

Sec. 6-10. State reimbursement of funds.

(a) Before the 15th day of each month, the clerk of the

court shall itemize all payments received by the clerk under

Section 6-9 during the preceding month and shall pay such

amounts to the county treasurer. Before the 20th day of each

month, the county treasurer shall file with the Department of

Children and Family Services an itemized statement of the

amount of money for the care and shelter of a minor placed in

shelter care under Sections 2-7, 3-9, 4-6 or 5-410 or placed

under Sections 2-27, 3-28, 4-25, or 5-740 before July 1, 1980

and after June 30, 1981, paid by the county during the last

preceding month pursuant to court order entered under Section

6-8, certified by the court, and an itemized account of all

payments received by the clerk of the court under Section 6-9

during the preceding month and paid over to the county

treasurer, certified by the county treasurer. The Department

of Children and Family Services shall examine and audit the

monthly statement and account, and upon finding them correct,

shall voucher for payment to the county a sum equal to the

amount so paid out by the county less the amount received by

the clerk of the court under Section 6-9 and paid to the county

treasurer but not more than an amount equal to the current

average daily rate paid by the Department of Children and

Family Services for similar services pursuant to Section 5a of

the Children and Family Services Act, approved June 4, 1963,

as amended. Reimbursement to the counties under this Section

for care and support of minors in licensed child caring

institutions must be made by the Department of Children and

Family Services only for care in those institutions which have

filed with the Department a certificate affirming that they

admit minors on the basis of need without regard to race or

ethnic origin.

(b) The county treasurer may file with the Department of

Children and Family Services an itemized statement of the

amount of money paid by the county during the last preceding

month pursuant to court order entered under Section 6-8,

certified by the court, and an itemized account of all

payments received by the clerk of the court under Section 6-9

during the preceding month and paid over to the county

treasurer, certified by the county treasurer. The Department

of Children and Family Services shall examine and audit the

monthly statement and account, and upon finding them correct,

shall voucher for payment to the county a sum equal to the

amount so paid out by the county less the amount received by

the clerk of the court under Section 6-9 and paid to the county

treasurer. Subject to appropriations for that purpose, the

State shall reimburse the county for the care and shelter of a

minor placed in detention as a result of any new provisions

that are created by the Juvenile Justice Reform Provisions of

1998 (Public Act 90-590).

(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

Section 560. The Criminal Code of 2012 is amended by

changing Sections 9-1, 24-1.9, 24-1.10, and 24-5.1 as follows:

(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)

Sec. 9-1. First degree murder.

(a) A person who kills an individual without lawful

justification commits first degree murder if, in performing

the acts which cause the death:

(1) he or she either intends to kill or do great bodily

harm to that individual or another, or knows that such

acts will cause death to that individual or another; or

(2) he or she knows that such acts create a strong

probability of death or great bodily harm to that

individual or another; or

(3) he or she, acting alone or with one or more

participants, commits or attempts to commit a forcible

felony other than second degree murder, and in the course

of or in furtherance of such crime or flight therefrom, he

or she or another participant causes the death of a

person.

(b) (Blank).

(b-5) (Blank).

(c) (Blank).

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) (Blank).

(h) (Blank)..

(h-5) (Blank).

(i) (Blank).

(j) (Blank).

(k) (Blank).

(Source: P.A. 103-51, eff. 1-1-24; revised 9-20-23.)

(720 ILCS 5/24-1.9)

Sec. 24-1.9. Manufacture, possession, delivery, sale, and

purchase of assault weapons, .50 caliber rifles, and .50

caliber cartridges.

(a) Definitions. In this Section:

(1) "Assault weapon" means any of the following, except as

provided in subdivision (2) of this subsection:

(A) A semiautomatic rifle that has the capacity to

accept a detachable magazine or that may be readily

modified to accept a detachable magazine, if the firearm

has one or more of the following:

(i) a pistol grip or thumbhole stock;

(ii) any feature capable of functioning as a

protruding grip that can be held by the non-trigger

hand;

(iii) a folding, telescoping, thumbhole, or

detachable stock, or a stock that is otherwise

foldable or adjustable in a manner that operates to

reduce the length, size, or any other dimension, or

otherwise enhances the concealability of, the weapon;

(iv) a flash suppressor;

(v) a grenade launcher;

(vi) a shroud attached to the barrel or that

partially or completely encircles the barrel, allowing

the bearer to hold the firearm with the non-trigger

hand without being burned, but excluding a slide that

encloses the barrel.

(B) A semiautomatic rifle that has a fixed magazine

with the capacity to accept more than 10 rounds, except

for an attached tubular device designed to accept, and

capable of operating only with, .22 caliber rimfire

ammunition.

(C) A semiautomatic pistol that has the capacity to

accept a detachable magazine or that may be readily

modified to accept a detachable magazine, if the firearm

has one or more of the following:

(i) a threaded barrel;

(ii) a second pistol grip or another feature

capable of functioning as a protruding grip that can

be held by the non-trigger hand;

(iii) a shroud attached to the barrel or that

partially or completely encircles the barrel, allowing

the bearer to hold the firearm with the non-trigger

hand without being burned, but excluding a slide that

encloses the barrel;

(iv) a flash suppressor;

(v) the capacity to accept a detachable magazine

at some location outside of the pistol grip; or

(vi) a buffer tube, arm brace, or other part that

protrudes horizontally behind the pistol grip and is

designed or redesigned to allow or facilitate a

firearm to be fired from the shoulder.

(D) A semiautomatic pistol that has a fixed magazine

with the capacity to accept more than 15 rounds.

(E) Any shotgun with a revolving cylinder.

(F) A semiautomatic shotgun that has one or more of

the following:

(i) a pistol grip or thumbhole stock;

(ii) any feature capable of functioning as a

protruding grip that can be held by the non-trigger

hand;

(iii) a folding or thumbhole stock;

(iv) a grenade launcher;

(v) a fixed magazine with the capacity of more

than 5 rounds; or

(vi) the capacity to accept a detachable magazine.

(G) Any semiautomatic firearm that has the capacity to

accept a belt ammunition feeding device.

(H) Any firearm that has been modified to be operable

as an assault weapon as defined in this Section.

(I) Any part or combination of parts designed or

intended to convert a firearm into an assault weapon,

including any combination of parts from which an assault

weapon may be readily assembled if those parts are in the

possession or under the control of the same person.

(J) All of the following rifles, copies, duplicates,

variants, or altered facsimiles with the capability of any

such weapon:

(i) All AK types, including the following:

(I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,

MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms

AK-47, VEPR, WASR-10, and WUM.

(II) IZHMASH Saiga AK.

(III) MAADI AK47 and ARM.

(IV) Norinco 56S, 56S2, 84S, and 86S.

(V) Poly Technologies AK47 and AKS.

(VI) SKS with a detachable magazine.

(ii) all AR types, including the following:

(I) AR-10.

(II) AR-15.

(III) Alexander Arms Overmatch Plus 16.

(IV) Armalite M15 22LR Carbine.

(V) Armalite M15-T.

(VI) Barrett REC7.

(VII) Beretta AR-70.

(VIII) Black Rain Ordnance Recon Scout.

(IX) Bushmaster ACR.

(X) Bushmaster Carbon 15.

(XI) Bushmaster MOE series.

(XII) Bushmaster XM15.

(XIII) Chiappa Firearms MFour rifles.

(XIV) Colt Match Target rifles.

(XV) CORE Rifle Systems CORE15 rifles.

(XVI) Daniel Defense M4A1 rifles.

(XVII) Devil Dog Arms 15 Series rifles.

(XVIII) Diamondback DB15 rifles.

(XIX) DoubleStar AR rifles.

(XX) DPMS Tactical rifles.

(XXI) DSA Inc. ZM-4 Carbine.

(XXII) Heckler & Koch MR556.

(XXIII) High Standard HSA-15 rifles.

(XXIV) Jesse James Nomad AR-15 rifle.

(XXV) Knight's Armament SR-15.

(XXVI) Lancer L15 rifles.

(XXVII) MGI Hydra Series rifles.

(XXVIII) Mossberg MMR Tactical rifles.

(XXIX) Noreen Firearms BN 36 rifle.

(XXX) Olympic Arms.

(XXXI) POF USA P415.

(XXXII) Precision Firearms AR rifles.

(XXXIII) Remington R-15 rifles.

(XXXIV) Rhino Arms AR rifles.

(XXXV) Rock River Arms LAR-15 or Rock River

Arms LAR-47.

(XXXVI) Sig Sauer SIG516 rifles and MCX

rifles.

(XXXVII) Smith & Wesson M&P15 rifles.

(XXXVIII) Stag Arms AR rifles.

(XXXIX) Sturm, Ruger & Co. SR556 and AR-556

rifles.

(XL) Uselton Arms Air-Lite M-4 rifles.

(XLI) Windham Weaponry AR rifles.

(XLII) WMD Guns Big Beast.

(XLIII) Yankee Hill Machine Company, Inc.

YHM-15 rifles.

(iii) Barrett M107A1.

(iv) Barrett M82A1.

(v) Beretta CX4 Storm.

(vi) Calico Liberty Series.

(vii) CETME Sporter.

(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and

AR 110C.

(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22

FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.

(x) Feather Industries AT-9.

(xi) Galil Model AR and Model ARM.

(xii) Hi-Point Carbine.

(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.

(xiv) IWI TAVOR, Galil ACE rifle.

(xv) Kel-Tec Sub-2000, SU-16, and RFB.

(xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig

Sauer SG 551, and SIG MCX.

(xvii) Springfield Armory SAR-48.

(xviii) Steyr AUG.

(xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle

M-14/20CF.

(xx) All Thompson rifles, including the following:

(I) Thompson M1SB.

(II) Thompson T1100D.

(III) Thompson T150D.

(IV) Thompson T1B.

(V) Thompson T1B100D.

(VI) Thompson T1B50D.

(VII) Thompson T1BSB.

(VIII) Thompson T1-C.

(IX) Thompson T1D.

(X) Thompson T1SB.

(XI) Thompson T5.

(XII) Thompson T5100D.

(XIII) Thompson TM1.

(XIV) Thompson TM1C.

(xxi) UMAREX UZI rifle.

(xxii) UZI Mini Carbine, UZI Model A Carbine, and

UZI Model B Carbine.

(xxiii) Valmet M62S, M71S, and M78.

(xxiv) Vector Arms UZI Type.

(xxv) Weaver Arms Nighthawk.

(xxvi) Wilkinson Arms Linda Carbine.

(K) All of the following pistols, copies, duplicates,

variants, or altered facsimiles with the capability of any

such weapon thereof:

(i) All AK types, including the following:

(I) Centurion 39 AK pistol.

(II) CZ Scorpion pistol.

(III) Draco AK-47 pistol.

(IV) HCR AK-47 pistol.

(V) IO Inc. Hellpup AK-47 pistol.

(VI) Krinkov pistol.

(VII) Mini Draco AK-47 pistol.

(VIII) PAP M92 pistol.

(IX) Yugo Krebs Krink pistol.

(ii) All AR types, including the following:

(I) American Spirit AR-15 pistol.

(II) Bushmaster Carbon 15 pistol.

(III) Chiappa Firearms M4 Pistol GEN II.

(IV) CORE Rifle Systems CORE15 Roscoe pistol.

(V) Daniel Defense MK18 pistol.

(VI) DoubleStar Corporation AR pistol.

(VII) DPMS AR-15 pistol.

(VIII) Jesse James Nomad AR-15 pistol.

(IX) Olympic Arms AR-15 pistol.

(X) Osprey Armament MK-18 pistol.

(XI) POF USA AR pistols.

(XII) Rock River Arms LAR 15 pistol.

(XIII) Uselton Arms Air-Lite M-4 pistol.

(iii) Calico pistols.

(iv) DSA SA58 PKP FAL pistol.

(v) Encom MP-9 and MP-45.

(vi) Heckler & Koch model SP-89 pistol.

(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and

TEC-DC9.

(viii) IWI Galil Ace pistol, UZI PRO pistol.

(ix) Kel-Tec PLR 16 pistol.

(x) All MAC types, including the following:

(I) MAC-10.

(II) MAC-11.

(III) Masterpiece Arms MPA A930 Mini Pistol,

MPA460 Pistol, MPA Tactical Pistol, and MPA Mini

Tactical Pistol.

(IV) Military Armament Corp. Ingram M-11.

(V) Velocity Arms VMAC.

(xi) Sig Sauer P556 pistol.

(xii) Sites Spectre.

(xiii) All Thompson types, including the

following:

(I) Thompson TA510D.

(II) Thompson TA5.

(xiv) All UZI types, including Micro-UZI.

(L) All of the following shotguns, copies, duplicates,

variants, or altered facsimiles with the capability of any

such weapon thereof:

(i) DERYA Anakon MC-1980, Anakon SD12.

(ii) Doruk Lethal shotguns.

(iii) Franchi LAW-12 and SPAS 12.

(iv) All IZHMASH Saiga 12 types, including the

following:

(I) IZHMASH Saiga 12.

(II) IZHMASH Saiga 12S.

(III) IZHMASH Saiga 12S EXP-01.

(IV) IZHMASH Saiga 12K.

(V) IZHMASH Saiga 12K-030.

(VI) IZHMASH Saiga 12K-040 Taktika.

(v) Streetsweeper.

(vi) Striker 12.

(2) "Assault weapon" does not include:

(A) Any firearm that is an unserviceable firearm or

has been made permanently inoperable.

(B) An antique firearm or a replica of an antique

firearm.

(C) A firearm that is manually operated by bolt, pump,

lever or slide action, unless the firearm is a shotgun

with a revolving cylinder.

(D) Any air rifle as defined in Section 24.8-0.1 of

this Code.

(E) Any handgun, as defined under the Firearm

Concealed Carry Act, unless otherwise listed in this

Section.

(3) "Assault weapon attachment" means any device capable

of being attached to a firearm that is specifically designed

for making or converting a firearm into any of the firearms

listed in paragraph (1) of this subsection (a).

(4) "Antique firearm" has the meaning ascribed to it in 18

U.S.C. 921(a)(16).

(5) ".50 caliber rifle" means a centerfire rifle capable

of firing a .50 caliber cartridge. The term does not include

any antique firearm, any shotgun including a shotgun that has

a rifle barrel, or any muzzle-loader which uses black powder

for hunting or historical reenactments.

(6) ".50 caliber cartridge" means a cartridge in .50 BMG

caliber, either by designation or actual measurement, that is

capable of being fired from a centerfire rifle. The term ".50

caliber cartridge" does not include any memorabilia or display

item that is filled with a permanent inert substance or that is

otherwise permanently altered in a manner that prevents ready

modification for use as live ammunition or shotgun ammunition

with a caliber measurement that is equal to or greater than .50

caliber.

(7) "Detachable magazine" means an ammunition feeding

device that may be removed from a firearm without disassembly

of the firearm action, including an ammunition feeding device

that may be readily removed from a firearm with the use of a

bullet, cartridge, accessory, or other tool, or any other

object that functions as a tool, including a bullet or

cartridge.

(8) "Fixed magazine" means an ammunition feeding device

that is permanently attached to a firearm, or contained in and

not removable from a firearm, or that is otherwise not a

detachable magazine, but does not include an attached tubular

device designed to accept, and capable of operating only with,

.22 caliber rimfire ammunition.

(b) Except as provided in subsections (c), (d), and (e),

on or after January 10, 2023 (the effective date of Public Act

102-1116) this amendatory Act of the 102nd General Assembly,

it is unlawful for any person within this State to knowingly

manufacture, deliver, sell, import, or purchase or cause to be

manufactured, delivered, sold, imported, or purchased by

another, an assault weapon, assault weapon attachment, .50

caliber rifle, or .50 caliber cartridge.

(c) Except as otherwise provided in subsection (d),

beginning January 1, 2024, it is unlawful for any person

within this State to knowingly possess an assault weapon,

assault weapon attachment, .50 caliber rifle, or .50 caliber

cartridge.

(d) This Section does not apply to a person's possession

of an assault weapon, assault weapon attachment, .50 caliber

rifle, or .50 caliber cartridge device if the person lawfully

possessed that assault weapon, assault weapon attachment, .50

caliber rifle, or .50 caliber cartridge prohibited by

subsection (c) of this Section, if the person has provided in

an endorsement affidavit, prior to January 1, 2024, under oath

or affirmation and in the form and manner prescribed by the

Illinois State Police, no later than October 1, 2023:

(1) the affiant's Firearm Owner's Identification Card

number;

(2) an affirmation that the affiant: (i) possessed an

assault weapon, assault weapon attachment, .50 caliber

rifle, or .50 caliber cartridge before January 10, 2023

(the effective date of Public Act 102-1116) this

amendatory Act of the 102nd General Assembly; or (ii)

inherited the assault weapon, assault weapon attachment,

.50 caliber rifle, or .50 caliber cartridge from a person

with an endorsement under this Section or from a person

authorized under subdivisions (1) through (5) of

subsection (e) to possess the assault weapon, assault

weapon attachment, .50 caliber rifle, or .50 caliber

cartridge; and

(3) the make, model, caliber, and serial number of the

.50 caliber rifle or assault weapon or assault weapons

listed in paragraphs (J), (K), and (L) of subdivision (1)

of subsection (a) of this Section possessed by the affiant

prior to January 10, 2023 (the effective date of Public

Act 102-1116) this amendatory Act of the 102nd General

Assembly and any assault weapons identified and published

by the Illinois State Police pursuant to this subdivision

(3). No later than October 1, 2023, and every October 1

thereafter, the Illinois State Police shall, via

rulemaking, identify, publish, and make available on its

website, the list of assault weapons subject to an

endorsement affidavit under this subsection (d). The list

shall identify, but is not limited to, the copies,

duplicates, variants, and altered facsimiles of the

assault weapons identified in paragraphs (J), (K), and (L)

of subdivision (1) of subsection (a) of this Section and

shall be consistent with the definition of "assault

weapon" identified in this Section. The Illinois State

Police may adopt emergency rulemaking in accordance with

Section 5-45 of the Illinois Administrative Procedure Act.

The adoption of emergency rules authorized by Section 5-45

of the Illinois Administrative Procedure Act and this

paragraph is deemed to be necessary for the public

interest, safety, and welfare.

The affidavit 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. Entering false information on this form

is a violation of the Firearm Owners Identification Card Act."

In any administrative, civil, or criminal proceeding in

this State, a completed endorsement affidavit submitted to the

Illinois State Police by a person under this Section creates a

rebuttable presumption that the person is entitled to possess

and transport the assault weapon, assault weapon attachment,

.50 caliber rifle, or .50 caliber cartridge.

Beginning 90 days after January 10, 2023 (the effective

date of Public Act 102-1116) this amendatory Act of the 102nd

General Assembly, a person authorized under this Section to

possess an assault weapon, assault weapon attachment, .50

caliber rifle, or .50 caliber cartridge shall possess such

items only:

(1) on private property owned or immediately

controlled by the person;

(2) on private property that is not open to the public

with the express permission of the person who owns or

immediately controls such property;

(3) while on the premises of a licensed firearms

dealer or gunsmith for the purpose of lawful repair;

(4) while engaged in the legal use of the assault

weapon, assault weapon attachment, .50 caliber rifle, or

.50 caliber cartridge at a properly licensed firing range

or sport shooting competition venue; or

(5) while traveling to or from these locations,

provided that the assault weapon, assault weapon

attachment, or .50 caliber rifle is unloaded and the

assault weapon, assault weapon attachment, .50 caliber

rifle, or .50 caliber cartridge is enclosed in a case,

firearm carrying box, shipping box, or other container.

Beginning on January 1, 2024, the person with the

endorsement for an assault weapon, assault weapon attachment,

.50 caliber rifle, or .50 caliber cartridge or a person

authorized under subdivisions (1) through (5) of subsection

(e) to possess an assault weapon, assault weapon attachment,

.50 caliber rifle, or .50 caliber cartridge may transfer the

assault weapon, assault weapon attachment, .50 caliber rifle,

or .50 caliber cartridge only to an heir, an individual

residing in another state maintaining it in another state, or

a dealer licensed as a federal firearms dealer under Section

923 of the federal Gun Control Act of 1968. Within 10 days

after transfer of the weapon except to an heir, the person

shall notify the Illinois State Police of the name and address

of the transferee and comply with the requirements of

subsection (b) of Section 3 of the Firearm Owners

Identification Card Act. The person to whom the weapon or

ammunition is transferred shall, within 60 days of the

transfer, complete an affidavit required under this Section. A

person to whom the weapon is transferred may transfer it only

as provided in this subsection.

Except as provided in subsection (e) and beginning on

January 1, 2024, any person who moves into this State in

possession of an assault weapon, assault weapon attachment,

.50 caliber rifle, or .50 caliber cartridge shall, within 60

days, apply for a Firearm Owners Identification Card and

complete an endorsement application as outlined in subsection

(d).

Notwithstanding any other law, information contained in

the endorsement affidavit shall be confidential, is exempt

from disclosure under the Freedom of Information Act, and

shall not be disclosed, except to law enforcement agencies

acting in the performance of their duties.

(e) The provisions of this Section regarding the purchase

or possession of assault weapons, assault weapon attachments,

.50 caliber rifles, and .50 cartridges, as well as the

provisions of this Section that prohibit causing those items

to be purchased or possessed, do not apply to:

(1) Peace officers, as defined in Section 2-13 of this

Code.

(2) Qualified law enforcement officers and qualified

retired law enforcement officers as defined in the Law

Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B

and 926C) and as recognized under Illinois law.

(3) Acquisition and possession by a federal, State, or

local law enforcement agency for the purpose of equipping

the agency's peace officers as defined in paragraph (1) or

(2) of this subsection (e).

(4) Wardens, superintendents, and keepers of prisons,

penitentiaries, jails, and other institutions for the

detention of persons accused or convicted of an offense.

(5) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard, while

performing their official duties or while traveling to or

from their places of duty.

(6) Any company that employs armed security officers

in this State at a nuclear energy, storage, weapons, or

development site or facility regulated by the federal

Nuclear Regulatory Commission and any person employed as

an armed security force member at a nuclear energy,

storage, weapons, or development site or facility

regulated by the federal Nuclear Regulatory Commission who

has completed the background screening and training

mandated by the rules and regulations of the federal

Nuclear Regulatory Commission and while performing

official duties.

(7) Any private security contractor agency licensed

under the Private Detective, Private Alarm, Private

Security, Fingerprint Vendor, and Locksmith Act of 2004

that employs private security contractors and any private

security contractor who is licensed and has been issued a

firearm control card under the Private Detective, Private

Alarm, Private Security, Fingerprint Vendor, and Locksmith

Act of 2004 while performing official duties.

The provisions of this Section do not apply to the

manufacture, delivery, sale, import, purchase, or possession

of an assault weapon, assault weapon attachment, .50 caliber

rifle, or .50 caliber cartridge or causing the manufacture,

delivery, sale, importation, purchase, or possession of those

items:

(A) for sale or transfer to persons authorized under

subdivisions (1) through (7) of this subsection (e) to

possess those items;

(B) for sale or transfer to the United States or any

department or agency thereof; or

(C) for sale or transfer in another state or for

export.

This Section does not apply to or affect any of the

following:

(i) Possession of any firearm if that firearm is

sanctioned by the International Olympic Committee and by

USA Shooting, the national governing body for

international shooting competition in the United States,

but only when the firearm is in the actual possession of an

Olympic target shooting competitor or target shooting

coach for the purpose of storage, transporting to and from

Olympic target shooting practice or events if the firearm

is broken down in a nonfunctioning state, is not

immediately accessible, or is unloaded and enclosed in a

firearm case, carrying box, shipping box, or other similar

portable container designed for the safe transportation of

firearms, and when the Olympic target shooting competitor

or target shooting coach is engaging in those practices or

events. For the purposes of this paragraph (8), "firearm"

has the meaning provided in Section 1.1 of the Firearm

Owners Identification Card Act.

(ii) Any nonresident who transports, within 24 hours,

a weapon for any lawful purpose from any place where the

nonresident may lawfully possess and carry that weapon to

any other place where the nonresident may lawfully possess

and carry that weapon if, during the transportation, the

weapon is unloaded, and neither the weapon nor any

ammunition being transported is readily accessible or is

directly accessible from the passenger compartment of the

transporting vehicle. In the case of a vehicle without a

compartment separate from the driver's compartment, the

weapon or ammunition shall be contained in a locked

container other than the glove compartment or console.

(iii) Possession of a weapon at an event taking place

at the World Shooting and Recreational Complex at Sparta,

only while engaged in the legal use of the weapon, or while

traveling to or from that location if the weapon is broken

down in a nonfunctioning state, is not immediately

accessible, or is unloaded and enclosed in a firearm case,

carrying box, shipping box, or other similar portable

container designed for the safe transportation of

firearms.

(iv) Possession of a weapon only for hunting use

expressly permitted under the Wildlife Code, or while

traveling to or from a location authorized for this

hunting use under the Wildlife Code if the weapon is

broken down in a nonfunctioning state, is not immediately

accessible, or is unloaded and enclosed in a firearm case,

carrying box, shipping box, or other similar portable

container designed for the safe transportation of

firearms. By October 1, 2023, the Illinois State Police,

in consultation with the Department of Natural Resources,

shall adopt rules concerning the list of applicable

weapons approved under this subparagraph (iv). The

Illinois State Police may adopt emergency rules in

accordance with Section 5-45 of the Illinois

Administrative Procedure Act. The adoption of emergency

rules authorized by Section 5-45 of the Illinois

Administrative Procedure Act and this paragraph is deemed

to be necessary for the public interest, safety, and

welfare.

(v) The manufacture, transportation, possession, sale,

or rental of blank-firing assault weapons and .50 caliber

rifles, or the weapon's respective attachments, to persons

authorized or permitted, or both authorized and permitted,

to acquire and possess these weapons or attachments for

the purpose of rental for use solely as props for a motion

picture, television, or video production or entertainment

event.

Any person not subject to this Section may submit an

endorsement affidavit if the person chooses.

(f) Any sale or transfer with a background check initiated

to the Illinois State Police on or before January 10, 2023 (the

effective date of Public Act 102-1116) this amendatory Act of

the 102nd General Assembly is allowed to be completed after

January 10, 2023 the effective date of this amendatory Act

once an approval is issued by the Illinois State Police and any

applicable waiting period under Section 24-3 has expired.

(g) The Illinois State Police shall take all steps

necessary to carry out the requirements of this Section within

by October 1, 2023.

(h) The Illinois Department of the State Police shall also

develop and implement a public notice and public outreach

campaign to promote awareness about the provisions of Public

Act 102-1116 this amendatory Act of the 102nd General Assembly

and to increase compliance with this Section.

(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)

(720 ILCS 5/24-1.10)

Sec. 24-1.10. Manufacture, delivery, sale, and possession

of large capacity ammunition feeding devices.

(a) In this Section:

"Handgun" has the meaning ascribed to it in the Firearm

Concealed Carry Act.

"Long gun" means a rifle or shotgun.

"Large capacity ammunition feeding device" means:

(1) a magazine, belt, drum, feed strip, or similar

device that has a capacity of, or that can be readily

restored or converted to accept, more than 10 rounds of

ammunition for long guns and more than 15 rounds of

ammunition for handguns; or

(2) any combination of parts from which a device

described in paragraph (1) can be assembled.

"Large capacity ammunition feeding device" does not

include an attached tubular device designed to accept, and

capable of operating only with, .22 caliber rimfire

ammunition. "Large capacity ammunition feeding device" does

not include a tubular magazine that is contained in a

lever-action firearm or any device that has been made

permanently inoperable.

(b) Except as provided in subsections (e) and (f), it is

unlawful for any person within this State to knowingly

manufacture, deliver, sell, purchase, or cause to be

manufactured, delivered, sold, or purchased a large capacity

ammunition feeding device.

(c) Except as provided in subsections (d), (e), and (f),

and beginning 90 days after January 10, 2023 (the effective

date of Public Act 102-1116) this amendatory Act of the 102nd

General Assembly, it is unlawful to knowingly possess a large

capacity ammunition feeding device.

(d) Subsection (c) does not apply to a person's possession

of a large capacity ammunition feeding device if the person

lawfully possessed that large capacity ammunition feeding

device before January 10, 2023 (the effective date of Public

Act 102-1116) this amendatory Act of the 102nd General

Assembly, provided that the person shall possess such device

only:

(1) on private property owned or immediately

controlled by the person;

(2) on private property that is not open to the public

with the express permission of the person who owns or

immediately controls such property;

(3) while on the premises of a licensed firearms

dealer or gunsmith for the purpose of lawful repair;

(4) while engaged in the legal use of the large

capacity ammunition feeding device at a properly licensed

firing range or sport shooting competition venue; or

(5) while traveling to or from these locations,

provided that the large capacity ammunition feeding device

is stored unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container.

A person authorized under this Section to possess a large

capacity ammunition feeding device may transfer the large

capacity ammunition feeding device only to an heir, an

individual residing in another state maintaining it in another

state, or a dealer licensed as a federal firearms dealer under

Section 923 of the federal Gun Control Act of 1968. Within 10

days after transfer of the large capacity ammunition feeding

device except to an heir, the person shall notify the Illinois

State Police of the name and address of the transferee and

comply with the requirements of subsection (b) of Section 3 of

the Firearm Owners Identification Card Act. The person to whom

the large capacity ammunition feeding device is transferred

shall, within 60 days of the transfer, notify the Illinois

State Police of the person's acquisition and comply with the

requirements of subsection (b) of Section 3 of the Firearm

Owners Identification Card Act. A person to whom the large

capacity ammunition feeding device is transferred may transfer

it only as provided in this subsection.

Except as provided in subsections (e) and (f) and

beginning 90 days after January 10, 2023 (the effective date

of Public Act 102-1116) this amendatory Act of the 102nd

General Assembly, any person who moves into this State in

possession of a large capacity ammunition feeding device

shall, within 60 days, apply for a Firearm Owners

Identification Card.

(e) The provisions of this Section regarding the purchase

or possession of large capacity ammunition feeding devices, as

well as the provisions of this Section that prohibit causing

those items to be purchased or possessed, do not apply to:

(1) Peace officers as defined in Section 2-13 of this

Code.

(2) Qualified law enforcement officers and qualified

retired law enforcement officers as defined in the Law

Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B

and 926C) and as recognized under Illinois law.

(3) A federal, State, or local law enforcement agency

for the purpose of equipping the agency's peace officers

as defined in paragraph (1) or (2) of this subsection (e).

(4) Wardens, superintendents, and keepers of prisons,

penitentiaries, jails, and other institutions for the

detention of persons accused or convicted of an offense.

(5) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard, while

performing their official duties or while traveling to or

from their places of duty.

(6) Any company that employs armed security officers

in this State at a nuclear energy, storage, weapons, or

development site or facility regulated by the federal

Nuclear Regulatory Commission and any person employed as

an armed security force member at a nuclear energy,

storage, weapons, or development site or facility

regulated by the federal Nuclear Regulatory Commission who

has completed the background screening and training

mandated by the rules and regulations of the federal

Nuclear Regulatory Commission and while performing

official duties.

(7) Any private security contractor agency licensed

under the Private Detective, Private Alarm, Private

Security, Fingerprint Vendor, and Locksmith Act of 2004

that employs private security contractors and any private

security contractor who is licensed and has been issued a

firearm control card under the Private Detective, Private

Alarm, Private Security, Fingerprint Vendor, and Locksmith

Act of 2004 while performing official duties.

(f) This Section does not apply to or affect any of the

following:

(1) Manufacture, delivery, sale, importation,

purchase, or possession or causing to be manufactured,

delivered, sold, imported, purchased, or possessed a large

capacity ammunition feeding device:

(A) for sale or transfer to persons authorized

under subdivisions (1) through (7) of subsection (e)

to possess those items;

(B) for sale or transfer to the United States or

any department or agency thereof; or

(C) for sale or transfer in another state or for

export.

(2) Sale or rental of large capacity ammunition

feeding devices for blank-firing assault weapons and .50

caliber rifles, to persons authorized or permitted, or

both authorized and permitted, to acquire these devices

for the purpose of rental for use solely as props for a

motion picture, television, or video production or

entertainment event.

(g) Sentence. A person who knowingly manufactures,

delivers, sells, purchases, possesses, or causes to be

manufactured, delivered, sold, possessed, or purchased in

violation of this Section a large capacity ammunition feeding

device capable of holding more than 10 rounds of ammunition

for long guns or more than 15 rounds of ammunition for handguns

commits a petty offense with a fine of $1,000 for each

violation.

(h) The Illinois Department of the State Police shall also

develop and implement a public notice and public outreach

campaign to promote awareness about the provisions of Public

Act 102-1116 this amendatory Act of the 102nd General Assembly

and to increase compliance with this Section.

(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)

(720 ILCS 5/24-5.1)

Sec. 24-5.1. Serialization of unfinished frames or

receivers; prohibition on unserialized firearms; exceptions;

penalties.

(a) In this Section:

"Bona fide supplier" means an established business entity

engaged in the development and sale of firearms parts to one or

more federal firearms manufacturers or federal firearms

importers.

"Federal firearms dealer" means a licensed manufacturer

pursuant to 18 U.S.C. 921(a)(11).

"Federal firearms importer" means a licensed importer

pursuant to 18 U.S.C. 921(a)(9).

"Federal firearms manufacturer" means a licensed

manufacturer pursuant to 18 U.S.C. 921(a)(10).

"Frame or receiver" means a part of a firearm that, when

the complete weapon is assembled, is visible from the exterior

and provides housing or a structure designed to hold or

integrate one or more fire control components, even if pins or

other attachments are required to connect those components to

the housing or structure. For models of firearms in which

multiple parts provide such housing or structure, the part or

parts that the Director of the federal Bureau of Alcohol,

Tobacco, Firearms and Explosives has determined are a frame or

receiver constitute the frame or receiver. For purposes of

this definition, "fire control component" means a component

necessary for the firearm to initiate, complete, or continue

the firing sequence, including any of the following: hammer,

bolt, bolt carrier, breechblock, cylinder, trigger mechanism,

firing pin, striker, or slide rails.

"Security exemplar" means an object to be fabricated at

the direction of the United States Attorney General that is

(1) constructed of 3.7 ounces of material type 17-4 PH

stainless steel in a shape resembling a handgun and (2)

suitable for testing and calibrating metal detectors.

"Three-dimensional printer" means a computer or

computer-drive machine capable of producing a

three-dimensional object from a digital model.

"Undetectable firearm" means (1) a firearm constructed

entirely of non-metal substances; (2) a firearm that, after

removal of all parts but the major components of the firearm,

is not detectable by walk-through metal detectors calibrated

and operated to detect the security exemplar; or (3) a firearm

that includes a major component of a firearm, which, if

subject to the types of detection devices commonly used at

airports for security screening, would not generate an image

that accurately depicts the shape of the component.

"Undetectable firearm" does not include a firearm subject to

the provisions of 18 U.S.C. 922(p)(3) through (6).

"Unfinished frame or receiver" means any forging, casting,

printing, extrusion, machined body, or similar article that:

(1) has reached a stage in manufacture where it may

readily be completed, assembled, or converted to be a

functional firearm; or

(2) is marketed or sold to the public to become or be

used as the frame or receiver of a functional firearm once

completed, assembled, or converted.

"Unserialized" means lacking a serial number imprinted by:

(1) a federal firearms manufacturer, federal firearms

importer, federal firearms dealer, or other federal

licensee authorized to provide marking services, pursuant

to a requirement under federal law; or

(2) a federal firearms dealer or other federal

licensee authorized to provide marking services pursuant

to subsection (f) of this Section.

(b) It is unlawful for any person to knowingly sell, offer

to sell, or transfer an unserialized unfinished frame or

receiver or unserialized firearm, including those produced

using a three-dimensional printer, unless the party purchasing

or receiving the unfinished frame or receiver or unserialized

firearm is a federal firearms importer, federal firearms

manufacturer, or federal firearms dealer.

(c) Beginning 180 days after May 18, 2022 (the effective

date of Public Act 102-889) this amendatory Act of the 102nd

General Assembly, it is unlawful for any person to knowingly

possess, transport, or receive an unfinished frame or

receiver, unless:

(1) the party possessing or receiving the unfinished

frame or receiver is a federal firearms importer or

federal firearms manufacturer;

(2) the unfinished frame or receiver is possessed or

transported by a person for transfer to a federal firearms

importer or federal firearms manufacturer; or

(3) the unfinished frame or receiver has been

imprinted with a serial number issued by a federal

firearms importer or federal firearms manufacturer in

compliance with subsection (f) of this Section.

(d) Beginning 180 days after May 18, 2022 (the effective

date of Public Act 102-889) this amendatory Act of the 102nd

General Assembly, unless the party receiving the firearm is a

federal firearms importer or federal firearms manufacturer, it

is unlawful for any person to knowingly possess, purchase,

transport, or receive a firearm that is not imprinted with a

serial number by (1) a federal firearms importer or federal

firearms manufacturer in compliance with all federal laws and

regulations regulating the manufacture and import of firearms

or (2) a federal firearms manufacturer, federal firearms

dealer, or other federal licensee authorized to provide

marking services in compliance with the unserialized firearm

serialization process under subsection (f) of this Section.

(e) Any firearm or unfinished frame or receiver

manufactured using a three-dimensional printer must also be

serialized in accordance with the requirements of subsection

(f) within 30 days after May 18, 2022 (the effective date of

Public Act 102-889) this amendatory Act of the 102nd General

Assembly, or prior to reaching a stage of manufacture where it

may be readily completed, assembled, or converted to be a

functional firearm.

(f) Unserialized unfinished frames or receivers and

unserialized firearms serialized pursuant to this Section

shall be serialized in compliance with all of the following:

(1) An unserialized unfinished frame or receiver and

unserialized firearm shall be serialized by a federally

licensed firearms dealer or other federal licensee

authorized to provide marking services with the licensee's

abbreviated federal firearms license number as a prefix

(which is the first 3 and last 5 digits) followed by a

hyphen, and then followed by a number as a suffix, such as

12345678-(number). The serial number or numbers must be

placed in a manner that accords with the requirements

under federal law for affixing serial numbers to firearms,

including the requirements that the serial number or

numbers be at the minimum size and depth, and not

susceptible to being readily obliterated, altered, or

removed, and the licensee must retain records that accord

with the requirements under federal law in the case of the

sale of a firearm. The imprinting of any serial number

upon an a undetectable firearm must be done on a steel

plaque in compliance with 18 U.S.C. 922(p).

(2) Every federally licensed firearms dealer or other

federal licensee that engraves, casts, stamps, or

otherwise conspicuously and permanently places a unique

serial number pursuant to this Section shall maintain a

record of such indefinitely. Licensees subject to the

Firearm Dealer License Certification Act shall make all

records accessible for inspection upon the request of the

Illinois State Police or a law enforcement agency in

accordance with Section 5-35 of the Firearm Dealer License

Certification Act.

(3) Every federally licensed firearms dealer or other

federal licensee that engraves, casts, stamps, or

otherwise conspicuously and permanently places a unique

serial number pursuant to this Section shall record it at

the time of every transaction involving the transfer of a

firearm, rifle, shotgun, finished frame or receiver, or

unfinished frame or receiver that has been so marked in

compliance with the federal guidelines set forth in 27 CFR

478.124.

(4) Every federally licensed firearms dealer or other

federal licensee that engraves, casts, stamps, or

otherwise conspicuously and permanently places a unique

serial number pursuant to this Section shall review and

confirm the validity of the owner's Firearm Owner's

Identification Card issued under the Firearm Owners

Identification Card Act prior to returning the firearm to

the owner.

(g) Within 30 days after May 18, 2022 (the effective date

of Public Act 102-889) this amendatory Act of the 102nd

General Assembly, the Director of the Illinois State Police

shall issue a public notice regarding the provisions of this

Section. The notice shall include posting on the Illinois

State Police website and may include written notification or

any other means of communication statewide to all

Illinois-based federal firearms manufacturers, federal

firearms dealers, or other federal licensees authorized to

provide marking services in compliance with the serialization

process in subsection (f) in order to educate the public.

(h) Exceptions. This Section does not apply to an

unserialized unfinished frame or receiver or an unserialized

firearm that:

(1) has been rendered permanently inoperable;

(2) is an antique firearm, as defined in 18 U.S.C.

921(a)(16);

(3) was manufactured prior to October 22, 1968;

(4) is an unfinished frame or receiver and is

possessed by a bona fide supplier exclusively for transfer

to a federal firearms manufacturer or federal firearms

importer, or is possessed by a federal firearms

manufacturer or federal firearms importer in compliance

with all federal laws and regulations regulating the

manufacture and import of firearms; except this exemption

does not apply if an unfinished frame or receiver is

possessed for transfer or is transferred to a person other

than a federal firearms manufacturer or federal firearms

importer; or

(5) is possessed by a person who received the

unserialized unfinished frame or receiver or unserialized

firearm through inheritance, and is not otherwise

prohibited from possessing the unserialized unfinished

frame or receiver or unserialized firearm, for a period

not exceeding 30 days after inheriting the unserialized

unfinished frame or receiver or unserialized firearm.

(i) Penalties.

(1) A person who violates subsection (c) or (d) is

guilty of a Class A misdemeanor for a first violation and

is guilty of a Class 3 felony for a second or subsequent

violation.

(2) A person who violates subsection (b) is guilty of

a Class 4 felony for a first violation and is guilty of a

Class 2 felony for a second or subsequent violation.

(Source: P.A. 102-889, eff. 5-18-22; revised 1-3-24.)

Section 565. The Unified Code of Corrections is amended by

changing Sections 3-2-13, 3-2.7-5, 3-2.7-10, 3-2.7-20,

3-2.7-25, 3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-50, 3-2.7-55,

3-5-1, 3-6-3, 3-8-10, 5-4-1, 5-4-3, 5-4.5-105, 5-6-3, 5-9-1.4,

and 5-9-1.9 as follows:

(730 ILCS 5/3-2-13)

Sec. 3-2-13. Possession of a Firearm Owner's

Identification Card. The Department of Corrections shall not

make possession of a Firearm Owner's Identification Card a

condition of continued employment as a Department employee

authorized to possess firearms if the employee's Firearm

Owner's Identification Card is revoked or seized because the

employee has been a patient of a mental health facility and the

employee has not been determined to pose a clear and present

danger to himself, herself, or others as determined by a

physician, clinical psychologist, or qualified examiner.

Nothing in is this Section shall otherwise impair the

Department's ability to determine an employee's fitness for

duty. A collective bargaining agreement already in effect on

this issue on January 1, 2022 (the effective date of Public Act

102-645) this amendatory Act of the 102nd General Assembly

cannot be modified, but on or after January 1, 2022 (the

effective date of Public Act 102-645) this amendatory Act of

the 102nd General Assembly, the Department cannot require a

Firearm Owner's Identification Card as a condition of

continued employment in a collective bargaining agreement. The

Department shall document if and why an employee has been

determined to pose a clear and present danger. In this

Section, "mental health facility" and "qualified examiner"

have the meanings provided in the Mental Health and

Developmental Disabilities Code.

(Source: P.A. 102-645, eff. 1-1-22; revised 4-6-23.)

(730 ILCS 5/3-2.7-5)

(Text of Section before amendment by P.A. 103-397)

Sec. 3-2.7-5. Purpose. The purpose of this Article is to

create within the Department of Juvenile Justice the Office of

Independent Juvenile Ombudsperson for the purpose of securing

the rights of youth committed to the Department of Juvenile

Justice, including youth released on aftercare before final

discharge.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section after amendment by P.A. 103-397)

Sec. 3-2.7-5. Purpose. The purpose of this Article is to

create within the Department of Juvenile Justice the Office of

Independent Juvenile Ombudsperson for the purpose of securing

the rights of youth committed to the Department of Juvenile

Justice and county-operated juvenile detention centers,

including youth released on aftercare before final discharge.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;

revised 9-14-23.)

(730 ILCS 5/3-2.7-10)

(Text of Section before amendment by P.A. 103-397)

Sec. 3-2.7-10. Definitions. In this Article, unless the

context requires otherwise:

"Department" means the Department of Juvenile Justice.

"Immediate family or household member" means the spouse,

child, parent, brother, sister, grandparent, or grandchild,

whether of the whole blood or half blood or by adoption, or a

person who shares a common dwelling.

"Juvenile justice system" means all activities by public

or private agencies or persons pertaining to youth involved in

or having contact with the police, courts, or corrections.

"Office" means the Office of the Independent Juvenile

Ombudsperson.

"Ombudsperson" means the Department of Juvenile Justice

Independent Juvenile Ombudsperson.

"Youth" means any person committed by court order to the

custody of the Department of Juvenile Justice, including youth

released on aftercare before final discharge.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section after amendment by P.A. 103-397)

Sec. 3-2.7-10. Definitions. In this Article, unless the

context requires otherwise:

"County-operated juvenile detention center" means any

shelter care home or detention home as "shelter" and

"detention" are defined in Section 1.1 of the County Shelter

Care and Detention Home Act and any other facility that

detains youth in the juvenile justice system that is

specifically designated to detain or incarcerate youth.

"County-operated juvenile detention center" does not include

police or other temporary law enforcement holding locations.

"Department" means the Department of Juvenile Justice.

"Immediate family or household member" means the spouse,

child, parent, brother, sister, grandparent, or grandchild,

whether of the whole blood or half blood or by adoption, or a

person who shares a common dwelling.

"Juvenile justice system" means all activities by public

or private agencies or persons pertaining to youth involved in

or having contact with the police, courts, or corrections.

"Office" means the Office of the Independent Juvenile

Ombudsperson.

"Ombudsperson" means the Department of Juvenile Justice

Independent Juvenile Ombudsperson.

"Youth" means any person committed by court order to the

custody of the Department of Juvenile Justice or a

county-operated juvenile detention center, including youth

released on aftercare before final discharge.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;

revised 9-14-23.)

(730 ILCS 5/3-2.7-20)

(Text of Section before amendment by P.A. 103-397)

Sec. 3-2.7-20. Conflicts of interest. A person may not

serve as Ombudsperson or as a deputy if the person or the

person's immediate family or household member:

(1) is or has been employed by the Department of

Juvenile Justice or Department of Corrections within one

year prior to appointment, other than as Ombudsperson or

Deputy Ombudsperson;

(2) participates in the management of a business

entity or other organization receiving funds from the

Department of Juvenile Justice;

(3) owns or controls, directly or indirectly, any

interest in a business entity or other organization

receiving funds from the Department of Juvenile Justice;

(4) uses or receives any amount of tangible goods,

services, or funds from the Department of Juvenile

Justice, other than as Ombudsperson or Deputy

Ombudsperson; or

(5) is required to register as a lobbyist for an

organization that interacts with the juvenile justice

system.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section after amendment by P.A. 103-397)

Sec. 3-2.7-20. Conflicts of interest. A person may not

serve as Ombudsperson or as a deputy if the person or the

person's immediate family or household member:

(1) is or has been employed by the Department of

Juvenile Justice, Department of Corrections, or a

county-operated juvenile detention center within one year

prior to appointment, other than as Ombudsperson or Deputy

Ombudsperson;

(2) participates in the management of a business

entity or other organization receiving funds from the

Department of Juvenile Justice or a county-operated

juvenile detention center;

(3) owns or controls, directly or indirectly, any

interest in a business entity or other organization

receiving funds from the Department of Juvenile Justice or

a county-operated juvenile detention center;

(4) uses or receives any amount of tangible goods,

services, or funds from the Department of Juvenile Justice

or a county-operated juvenile detention center, other than

as Ombudsperson or Deputy Ombudsperson; or

(5) is required to register as a lobbyist for an

organization that interacts with the juvenile justice

system.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;

revised 9-14-23.)

(730 ILCS 5/3-2.7-25)

(Text of Section before amendment by P.A. 103-397)

Sec. 3-2.7-25. Duties and powers.

(a) The Independent Juvenile Ombudsperson shall function

independently within the Department of Juvenile Justice with

respect to the operations of the Office in performance of the

Ombudsperson's duties under this Article and shall report to

the Governor. The Ombudsperson shall adopt rules and standards

as may be necessary or desirable to carry out the

Ombudsperson's duties. Funding for the Office shall be

designated separately within Department funds. The Department

shall provide necessary administrative services and facilities

to the Office of the Independent Juvenile Ombudsperson.

(b) The Office of Independent Juvenile Ombudsperson shall

have the following duties:

(1) review and monitor the implementation of the rules

and standards established by the Department of Juvenile

Justice and evaluate the delivery of services to youth to

ensure that the rights of youth are fully observed;

(2) provide assistance to a youth or family whom the

Ombudsperson determines is in need of assistance,

including advocating with an agency, provider, or other

person in the best interests of the youth;

(3) investigate and attempt to resolve complaints made

by or on behalf of youth, other than complaints alleging

criminal behavior or violations of the State Officials and

Employees Ethics Act, if the Office determines that the

investigation and resolution would further the purpose of

the Office, and:

(A) a youth committed to the Department of

Juvenile Justice or the youth's family is in need of

assistance from the Office; or

(B) a systemic issue in the Department of Juvenile

Justice's provision of services is raised by a

complaint;

(4) review or inspect periodically the facilities and

procedures of any facility in which a youth has been

placed by the Department of Juvenile Justice to ensure

that the rights of youth are fully observed; and

(5) be accessible to and meet confidentially and

regularly with youth committed to the Department and serve

as a resource by informing them of pertinent laws, rules,

and policies, and their rights thereunder.

(c) The following cases shall be reported immediately to

the Director of Juvenile Justice and the Governor:

(1) cases of severe abuse or injury of a youth;

(2) serious misconduct, misfeasance, malfeasance, or

serious violations of policies and procedures concerning

the administration of a Department of Juvenile Justice

program or operation;

(3) serious problems concerning the delivery of

services in a facility operated by or under contract with

the Department of Juvenile Justice;

(4) interference by the Department of Juvenile Justice

with an investigation conducted by the Office; and

(5) other cases as deemed necessary by the

Ombudsperson.

(d) Notwithstanding any other provision of law, the

Ombudsperson may not investigate alleged criminal behavior or

violations of the State Officials and Employees Ethics Act. If

the Ombudsperson determines that a possible criminal act has

been committed, or that special expertise is required in the

investigation, the Ombudsperson shall immediately notify the

Illinois State Police. If the Ombudsperson determines that a

possible violation of the State Officials and Employees Ethics

Act has occurred, the Ombudsperson shall immediately refer the

incident to the Office of the Governor's Executive Inspector

General for investigation. If the Ombudsperson receives a

complaint from a youth or third party regarding suspected

abuse or neglect of a child, the Ombudsperson shall refer the

incident to the Child Abuse and Neglect Hotline or to the

Illinois State Police as mandated by the Abused and Neglected

Child Reporting Act. Any investigation conducted by the

Ombudsperson shall not be duplicative and shall be separate

from any investigation mandated by the Abused and Neglected

Child Reporting Act. All investigations conducted by the

Ombudsperson shall be conducted in a manner designed to ensure

the preservation of evidence for possible use in a criminal

prosecution.

(e) In performance of the Ombudsperson's duties, the

Ombudsperson may:

(1) review court files of youth;

(2) recommend policies, rules, and legislation

designed to protect youth;

(3) make appropriate referrals under any of the duties

and powers listed in this Section;

(4) attend internal administrative and disciplinary

hearings to ensure the rights of youth are fully observed

and advocate for the best interest of youth when deemed

necessary; and

(5) perform other acts, otherwise permitted or

required by law, in furtherance of the purpose of the

Office.

(f) To assess if a youth's rights have been violated, the

Ombudsperson may, in any matter that does not involve alleged

criminal behavior, contact or consult with an administrator,

employee, youth, parent, expert, or any other individual in

the course of the Ombudsperson's investigation or to secure

information as necessary to fulfill the Ombudsperson's duties.

(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)

(Text of Section after amendment by P.A. 103-397)

Sec. 3-2.7-25. Duties and powers.

(a) The Independent Juvenile Ombudsperson shall function

independently within the Department of Juvenile Justice and

county-operated juvenile detention centers with respect to the

operations of the Office in performance of the Ombudsperson's

duties under this Article and shall report to the Governor and

to local authorities as provided in Section 3-2.7-50. The

Ombudsperson shall adopt rules and standards as may be

necessary or desirable to carry out the Ombudsperson's duties.

Funding for the Office shall be designated separately within

Department funds and shall include funds for operations at

county-operated juvenile detention centers. The Department

shall provide necessary administrative services and facilities

to the Office of the Independent Juvenile Ombudsperson.

County-operated juvenile detention centers shall provide

necessary administrative services and space, upon request,

inside the facility to the Office of the Independent Juvenile

Ombudsperson Ombudsman to meet confidentially with youth and

otherwise in performance of the Ombudsperson's his or her

duties under this Article.

(b) The Office of Independent Juvenile Ombudsperson shall

have the following duties:

(1) review and monitor the implementation of the rules

and standards established by the Department of Juvenile

Justice and county-operated juvenile detention centers and

evaluate the delivery of services to youth to ensure that

the rights of youth are fully observed;

(2) provide assistance to a youth or family whom the

Ombudsperson determines is in need of assistance,

including advocating with an agency, provider, or other

person in the best interests of the youth;

(3) investigate and attempt to resolve complaints made

by or on behalf of youth, other than complaints alleging

criminal behavior or violations of the State Officials and

Employees Ethics Act, if the Office determines that the

investigation and resolution would further the purpose of

the Office, and:

(A) a youth committed to the Department of

Juvenile Justice or a county-operated juvenile

detention center or the youth's family is in need of

assistance from the Office; or

(B) a systemic issue in the Department of Juvenile

Justice's or county-operated juvenile detention

center's provision of services is raised by a

complaint;

(4) review or inspect periodically the facilities and

procedures of any county-operated juvenile detention

center or any facility in which a youth has been placed by

the Department of Juvenile Justice to ensure that the

rights of youth are fully observed; and

(5) be accessible to and meet confidentially and

regularly with youth committed to the Department or a

county-operated juvenile detention center and serve as a

resource by informing them of pertinent laws, rules, and

policies, and their rights thereunder.

(c) The following cases shall be reported immediately to

the Director of Juvenile Justice and the Governor, and for

cases that arise in county-operated juvenile detention

centers, to the chief judge of the applicable judicial circuit

and the Director of the Administrative Office of the Illinois

Courts:

(1) cases of severe abuse or injury of a youth;

(2) serious misconduct, misfeasance, malfeasance, or

serious violations of policies and procedures concerning

the administration of a Department of Juvenile Justice or

county-operated juvenile detention center program or

operation;

(3) serious problems concerning the delivery of

services in a county-operated juvenile detention center or

a facility operated by or under contract with the

Department of Juvenile Justice;

(4) interference by the Department of Juvenile Justice

or county-operated juvenile detention center with an

investigation conducted by the Office; and

(5) other cases as deemed necessary by the

Ombudsperson.

(d) Notwithstanding any other provision of law, the

Ombudsperson may not investigate alleged criminal behavior or

violations of the State Officials and Employees Ethics Act. If

the Ombudsperson determines that a possible criminal act has

been committed, or that special expertise is required in the

investigation, the Ombudsperson shall immediately notify the

Illinois State Police. If the Ombudsperson determines that a

possible violation of the State Officials and Employees Ethics

Act has occurred, the Ombudsperson shall immediately refer the

incident to the Office of the Governor's Executive Inspector

General for investigation. If the Ombudsperson receives a

complaint from a youth or third party regarding suspected

abuse or neglect of a child, the Ombudsperson shall refer the

incident to the Child Abuse and Neglect Hotline or to the

Illinois State Police as mandated by the Abused and Neglected

Child Reporting Act. Any investigation conducted by the

Ombudsperson shall not be duplicative and shall be separate

from any investigation mandated by the Abused and Neglected

Child Reporting Act. All investigations conducted by the

Ombudsperson shall be conducted in a manner designed to ensure

the preservation of evidence for possible use in a criminal

prosecution.

(e) In performance of the Ombudsperson's duties, the

Ombudsperson may:

(1) review court files of youth;

(2) recommend policies, rules, and legislation

designed to protect youth;

(3) make appropriate referrals under any of the duties

and powers listed in this Section;

(4) attend internal administrative and disciplinary

hearings to ensure the rights of youth are fully observed

and advocate for the best interest of youth when deemed

necessary; and

(5) perform other acts, otherwise permitted or

required by law, in furtherance of the purpose of the

Office.

(f) To assess if a youth's rights have been violated, the

Ombudsperson may, in any matter that does not involve alleged

criminal behavior, contact or consult with an administrator,

employee, youth, parent, expert, or any other individual in

the course of the Ombudsperson's investigation or to secure

information as necessary to fulfill the Ombudsperson's duties.

(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;

103-397, eff. 1-1-25; revised 9-14-23.)

(730 ILCS 5/3-2.7-30)

(Text of Section before amendment by P.A. 103-397)

Sec. 3-2.7-30. Duties of the Department of Juvenile

Justice.

(a) The Department of Juvenile Justice shall allow any

youth to communicate with the Ombudsperson or a deputy at any

time. The communication:

(1) may be in person, by phone, by mail, or by any

other means deemed appropriate in light of security

concerns; and

(2) is confidential and privileged.

(b) The Department shall allow the Ombudsperson and

deputies full and unannounced access to youth and Department

facilities at any time. The Department shall furnish the

Ombudsperson and deputies with appropriate meeting space in

each facility in order to preserve confidentiality.

(c) The Department shall allow the Ombudsperson and

deputies to participate in professional development

opportunities provided by the Department of Juvenile Justice

as practical and to attend appropriate professional training

when requested by the Ombudsperson.

(d) The Department shall provide the Ombudsperson copies

of critical incident reports involving a youth residing in a

facility operated by the Department. Critical incidents

include, but are not limited to, severe injuries that result

in hospitalization, suicide attempts that require medical

intervention, sexual abuse, and escapes.

(e) The Department shall provide the Ombudsperson with

reasonable advance notice of all internal administrative and

disciplinary hearings regarding a youth residing in a facility

operated by the Department.

(f) The Department of Juvenile Justice may not discharge,

demote, discipline, or in any manner discriminate or retaliate

against a youth or an employee who in good faith makes a

complaint to the Office of the Independent Juvenile

Ombudsperson or cooperates with the Office.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section after amendment by P.A. 103-397)

Sec. 3-2.7-30. Duties of the Department of Juvenile

Justice or county-operated juvenile detention center.

(a) The Department of Juvenile Justice and every

county-operated juvenile detention center shall allow any

youth to communicate with the Ombudsperson or a deputy at any

time. The communication:

(1) may be in person, by phone, by mail, or by any

other means deemed appropriate in light of security

concerns; and

(2) is confidential and privileged.

(b) The Department and county-operated juvenile detention

centers shall allow the Ombudsperson and deputies full and

unannounced access to youth and Department facilities and

county-operated juvenile detention centers at any time. The

Department and county-operated juvenile detention centers

shall furnish the Ombudsperson and deputies with appropriate

meeting space in each facility in order to preserve

confidentiality.

(c) The Department and county-operated juvenile detention

centers shall allow the Ombudsperson and deputies to

participate in professional development opportunities provided

by the Department of Juvenile Justice and county-operated

juvenile detention centers as practical and to attend

appropriate professional training when requested by the

Ombudsperson.

(d) The Department and county-operated juvenile detention

centers shall provide the Ombudsperson copies of critical

incident reports involving a youth residing in a facility

operated by the Department or a county-operated juvenile

detention center. Critical incidents include, but are not

limited to, severe injuries that result in hospitalization,

suicide attempts that require medical intervention, sexual

abuse, and escapes.

(e) The Department and county-operated juvenile detention

centers shall provide the Ombudsperson with reasonable advance

notice of all internal administrative and disciplinary

hearings regarding a youth residing in a facility operated by

the Department or a county-operated juvenile detention center.

(f) The Department of Juvenile Justice and county-operated

juvenile detention centers may not discharge, demote,

discipline, or in any manner discriminate or retaliate against

a youth or an employee who in good faith makes a complaint to

the Office of the Independent Juvenile Ombudsperson or

cooperates with the Office.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;

revised 9-14-23.)

(730 ILCS 5/3-2.7-35)

(Text of Section before amendment by P.A. 103-397)

Sec. 3-2.7-35. Reports. The Independent Juvenile

Ombudsperson shall provide to the General Assembly and the

Governor, no later than January 1 of each year, a summary of

activities done in furtherance of the purpose of the Office

for the prior fiscal year. The summaries shall contain data

both aggregated and disaggregated by individual facility and

describe:

(1) the work of the Ombudsperson;

(2) the status of any review or investigation

undertaken by the Ombudsperson, but may not contain any

confidential or identifying information concerning the

subjects of the reports and investigations; and

(3) any recommendations that the Independent Juvenile

Ombudsperson has relating to a systemic issue in the

Department of Juvenile Justice's provision of services and

any other matters for consideration by the General

Assembly and the Governor.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section after amendment by P.A. 103-397)

Sec. 3-2.7-35. Reports. The Independent Juvenile

Ombudsperson shall provide to the General Assembly and the

Governor, no later than January 1 of each year, a summary of

activities done in furtherance of the purpose of the Office

for the prior fiscal year. The summaries shall contain data

both aggregated and disaggregated by individual facility and

describe:

(1) the work of the Ombudsperson;

(2) the status of any review or investigation

undertaken by the Ombudsperson, but may not contain any

confidential or identifying information concerning the

subjects of the reports and investigations; and

(3) any recommendations that the Independent Juvenile

Ombudsperson has relating to a systemic issue in the

Department of Juvenile Justice's or a county-operated

juvenile detention center's provision of services and any

other matters for consideration by the General Assembly

and the Governor.

With respect to county-operated juvenile detention

centers, the Ombudsperson Ombudsman shall provide data

responsive to paragraphs (1) through (3) to the chief judge of

the applicable judicial circuit and to the Director of the

Administrative Office of the Illinois Courts, and shall make

the data publicly available.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;

revised 9-14-23.)

(730 ILCS 5/3-2.7-40)

(Text of Section before amendment by P.A. 103-397)

Sec. 3-2.7-40. Complaints. The Office of Independent

Juvenile Ombudsperson shall promptly and efficiently act on

complaints made by or on behalf of youth filed with the Office

that relate to the operations or staff of the Department of

Juvenile Justice. The Office shall maintain information about

parties to the complaint, the subject matter of the complaint,

a summary of the results of the review or investigation of the

complaint, including any resolution of or recommendations made

as a result of the complaint. The Office shall make

information available describing its procedures for complaint

investigation and resolution. When applicable, the Office

shall notify the complaining youth that an investigation and

resolution may result in or will require disclosure of the

complaining youth's identity. The Office shall periodically

notify the complaint parties of the status of the complaint

until final disposition.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section after amendment by P.A. 103-397)

Sec. 3-2.7-40. Complaints. The Office of Independent

Juvenile Ombudsperson shall promptly and efficiently act on

complaints made by or on behalf of youth filed with the Office

that relate to the operations or staff of the Department of

Juvenile Justice or a county-operated juvenile detention

center. The Office shall maintain information about parties to

the complaint, the subject matter of the complaint, a summary

of the results of the review or investigation of the

complaint, including any resolution of or recommendations made

as a result of the complaint. The Office shall make

information available describing its procedures for complaint

investigation and resolution. When applicable, the Office

shall notify the complaining youth that an investigation and

resolution may result in or will require disclosure of the

complaining youth's identity. The Office shall periodically

notify the complaint parties of the status of the complaint

until final disposition.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;

revised 9-18-23.)

(730 ILCS 5/3-2.7-50)

(Text of Section before amendment by P.A. 103-397)

Sec. 3-2.7-50. Promotion and awareness of Office. The

Independent Juvenile Ombudsperson shall promote awareness

among the public and youth of:

(1) the rights of youth committed to the Department;

(2) the purpose of the Office;

(3) how the Office may be contacted;

(4) the confidential nature of communications; and

(5) the services the Office provides.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section after amendment by P.A. 103-397)

Sec. 3-2.7-50. Promotion and awareness of Office. The

Independent Juvenile Ombudsperson shall promote awareness

among the public and youth of:

(1) the rights of youth committed to the Department

and county-operated juvenile detention centers;

(2) the purpose of the Office;

(3) how the Office may be contacted;

(4) the confidential nature of communications; and

(5) the services the Office provides.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;

revised 9-18-23.)

(730 ILCS 5/3-2.7-55)

(Text of Section before amendment by P.A. 103-397)

Sec. 3-2.7-55. Access to information of governmental

entities. The Department of Juvenile Justice shall provide the

Independent Juvenile Ombudsperson unrestricted access to all

master record files of youth under Section 3-5-1 of this Code.

Access to educational, social, psychological, mental health,

substance abuse, and medical records shall not be disclosed

except as provided in Section 5-910 of the Juvenile Court Act

of 1987, the Mental Health and Developmental Disabilities

Confidentiality Act, the School Code, and any applicable

federal laws that govern access to those records.

(Source: P.A. 103-22, eff. 8-8-23.)

(Text of Section after amendment by P.A. 103-397)

Sec. 3-2.7-55. Access to information of governmental

entities. The Department of Juvenile Justice and

county-operated juvenile detention centers shall provide the

Independent Juvenile Ombudsperson unrestricted access to all

master record files of youth under Section 3-5-1 of this Code

or any other files of youth in the custody of county-operated

juvenile detention centers, or both. Access to educational,

social, psychological, mental health, substance abuse, and

medical records shall not be disclosed except as provided in

Section 5-910 of the Juvenile Court Act of 1987, the Mental

Health and Developmental Disabilities Confidentiality Act, the

School Code, and any applicable federal laws that govern

access to those records.

(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;

revised 9-15-23.)

(730 ILCS 5/3-5-1)

Sec. 3-5-1. Master record file.

(a) The Department of Corrections and the Department of

Juvenile Justice shall maintain a master record file on each

person committed to it, which shall contain the following

information:

(1) all information from the committing court;

(1.5) ethnic and racial background data collected in

accordance with Section 4.5 of the Criminal Identification

Act and Section 2-5 of the No Representation Without

Population Act;

(1.6) the committed person's last known complete

street address prior to incarceration or legal residence

collected in accordance with Section 2-5 of the No

Representation Without Population Act;

(2) reception summary;

(3) evaluation and assignment reports and

recommendations;

(4) reports as to program assignment and progress;

(5) reports of disciplinary infractions and

disposition, including tickets and Administrative Review

Board action;

(6) any parole or aftercare release plan;

(7) any parole or aftercare release reports;

(8) the date and circumstances of final discharge;

(9) criminal history;

(10) current and past gang affiliations and ranks;

(11) information regarding associations and family

relationships;

(12) any grievances filed and responses to those

grievances;

(13) other information that the respective Department

determines is relevant to the secure confinement and

rehabilitation of the committed person;

(14) the last known address provided by the person

committed; and

(15) all medical and dental records.

(b) All files shall be confidential and access shall be

limited to authorized personnel of the respective Department

or by disclosure in accordance with a court order or subpoena.

Personnel of other correctional, welfare or law enforcement

agencies may have access to files under rules and regulations

of the respective Department. The respective Department shall

keep a record of all outside personnel who have access to

files, the files reviewed, any file material copied, and the

purpose of access. If the respective Department or the

Prisoner Review Board makes a determination under this Code

which affects the length of the period of confinement or

commitment, the committed person and his counsel shall be

advised of factual information relied upon by the respective

Department or Board to make the determination, provided that

the Department or Board shall not be required to advise a

person committed to the Department of Juvenile Justice any

such information which in the opinion of the Department of

Juvenile Justice or Board would be detrimental to his

treatment or rehabilitation.

(c) The master file shall be maintained at a place

convenient to its use by personnel of the respective

Department in charge of the person. When custody of a person is

transferred from the Department to another department or

agency, a summary of the file shall be forwarded to the

receiving agency with such other information required by law

or requested by the agency under rules and regulations of the

respective Department.

(d) The master file of a person no longer in the custody of

the respective Department shall be placed on inactive status

and its use shall be restricted subject to rules and

regulations of the Department.

(e) All public agencies may make available to the

respective Department on request any factual data not

otherwise privileged as a matter of law in their possession in

respect to individuals committed to the respective Department.

(f) A committed person may request a summary of the

committed person's master record file once per year and the

committed person's attorney may request one summary of the

committed person's master record file once per year. The

Department shall create a form for requesting this summary,

and shall make that form available to committed persons and to

the public on its website. Upon receipt of the request form,

the Department shall provide the summary within 15 days. The

summary must contain, unless otherwise prohibited by law:

(1) the person's name, ethnic, racial, last known

street address prior to incarceration or legal residence,

and other identifying information;

(2) all digitally available information from the

committing court;

(3) all information in the Offender 360 system on the

person's criminal history;

(4) the person's complete assignment history in the

Department of Corrections;

(5) the person's disciplinary card;

(6) additional records about up to 3 specific

disciplinary incidents as identified by the requester;

(7) any available records about up to 5 specific

grievances filed by the person, as identified by the

requester; and

(8) the records of all grievances filed on or after

January 1, 2023.

Notwithstanding any provision of this subsection (f) to

the contrary, a committed person's master record file is not

subject to disclosure and copying under the Freedom of

Information Act.

(g) Subject to appropriation, on or before July 1, 2025,

the Department of Corrections shall digitalize all newly

committed persons' master record files who become incarcerated

and all other new information that the Department maintains

concerning its correctional institutions, facilities, and

individuals incarcerated.

(h) Subject to appropriation, on or before July 1, 2027,

the Department of Corrections shall digitalize all medical and

dental records in the master record files and all other

information that the Department maintains concerning its

correctional institutions and facilities in relation to

medical records, dental records, and medical and dental needs

of committed persons.

(i) Subject to appropriation, on or before July 1, 2029,

the Department of Corrections shall digitalize all information

in the master record files and all other information that the

Department maintains concerning its correctional institutions

and facilities.

(j) The Department of Corrections shall adopt rules to

implement subsections (g), (h), and (i) if appropriations are

available to implement these provisions.

(k) Subject to appropriation, the Department of

Corrections, in consultation with the Department of Innovation

and Technology, shall conduct a study on the best way to

digitize all Department of Corrections records and the impact

of that digitizing on State agencies, including the impact on

the Department of Innovation and Technology. The study shall

be completed on or before January 1, 2024.

(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;

103-18, eff. 1-1-24; 103-71, eff. 6-9-23; 103-154, eff.

6-30-23; revised 12-15-23.)

(730 ILCS 5/3-6-3)

Sec. 3-6-3. Rules and regulations for sentence credit.

(a)(1) The Department of Corrections shall prescribe rules

and regulations for awarding and revoking sentence credit for

persons committed to the Department of Corrections and the

Department of Juvenile Justice shall prescribe rules and

regulations for awarding and revoking sentence credit for

persons committed to the Department of Juvenile Justice under

Section 5-8-6 of the Unified Code of Corrections, which shall

be subject to review by the Prisoner Review Board.

(1.5) As otherwise provided by law, sentence credit may be

awarded for the following:

(A) successful completion of programming while in

custody of the Department of Corrections or the Department

of Juvenile Justice or while in custody prior to

sentencing;

(B) compliance with the rules and regulations of the

Department; or

(C) service to the institution, service to a

community, or service to the State.

(2) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide, with respect to offenses listed in clause (i),

(ii), or (iii) of this paragraph (2) committed on or after June

19, 1998 or with respect to the offense listed in clause (iv)

of this paragraph (2) committed on or after June 23, 2005 (the

effective date of Public Act 94-71) or with respect to offense

listed in clause (vi) committed on or after June 1, 2008 (the

effective date of Public Act 95-625) or with respect to the

offense of being an armed habitual criminal committed on or

after August 2, 2005 (the effective date of Public Act 94-398)

or with respect to the offenses listed in clause (v) of this

paragraph (2) committed on or after August 13, 2007 (the

effective date of Public Act 95-134) or with respect to the

offense of aggravated domestic battery committed on or after

July 23, 2010 (the effective date of Public Act 96-1224) or

with respect to the offense of attempt to commit terrorism

committed on or after January 1, 2013 (the effective date of

Public Act 97-990), the following:

(i) that a prisoner who is serving a term of

imprisonment for first degree murder or for the offense of

terrorism shall receive no sentence credit and shall serve

the entire sentence imposed by the court;

(ii) that a prisoner serving a sentence for attempt to

commit terrorism, attempt to commit first degree murder,

solicitation of murder, solicitation of murder for hire,

intentional homicide of an unborn child, predatory

criminal sexual assault of a child, aggravated criminal

sexual assault, criminal sexual assault, aggravated

kidnapping, aggravated battery with a firearm as described

in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

or (e)(4) of Section 12-3.05, heinous battery as described

in Section 12-4.1 or subdivision (a)(2) of Section

12-3.05, being an armed habitual criminal, aggravated

battery of a senior citizen as described in Section 12-4.6

or subdivision (a)(4) of Section 12-3.05, or aggravated

battery of a child as described in Section 12-4.3 or

subdivision (b)(1) of Section 12-3.05 shall receive no

more than 4.5 days of sentence credit for each month of his

or her sentence of imprisonment;

(iii) that a prisoner serving a sentence for home

invasion, armed robbery, aggravated vehicular hijacking,

aggravated discharge of a firearm, or armed violence with

a category I weapon or category II weapon, when the court

has made and entered a finding, pursuant to subsection

(c-1) of Section 5-4-1 of this Code, that the conduct

leading to conviction for the enumerated offense resulted

in great bodily harm to a victim, shall receive no more

than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment;

(iv) that a prisoner serving a sentence for aggravated

discharge of a firearm, whether or not the conduct leading

to conviction for the offense resulted in great bodily

harm to the victim, shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment;

(v) that a person serving a sentence for gunrunning,

narcotics racketeering, controlled substance trafficking,

methamphetamine trafficking, drug-induced homicide,

aggravated methamphetamine-related child endangerment,

money laundering pursuant to clause (c) (4) or (5) of

Section 29B-1 of the Criminal Code of 1961 or the Criminal

Code of 2012, or a Class X felony conviction for delivery

of a controlled substance, possession of a controlled

substance with intent to manufacture or deliver,

calculated criminal drug conspiracy, criminal drug

conspiracy, street gang criminal drug conspiracy,

participation in methamphetamine manufacturing,

aggravated participation in methamphetamine

manufacturing, delivery of methamphetamine, possession

with intent to deliver methamphetamine, aggravated

delivery of methamphetamine, aggravated possession with

intent to deliver methamphetamine, methamphetamine

conspiracy when the substance containing the controlled

substance or methamphetamine is 100 grams or more shall

receive no more than 7.5 days sentence credit for each

month of his or her sentence of imprisonment;

(vi) that a prisoner serving a sentence for a second

or subsequent offense of luring a minor shall receive no

more than 4.5 days of sentence credit for each month of his

or her sentence of imprisonment; and

(vii) that a prisoner serving a sentence for

aggravated domestic battery shall receive no more than 4.5

days of sentence credit for each month of his or her

sentence of imprisonment.

(2.1) For all offenses, other than those enumerated in

subdivision (a)(2)(i), (ii), or (iii) committed on or after

June 19, 1998 or subdivision (a)(2)(iv) committed on or after

June 23, 2005 (the effective date of Public Act 94-71) or

subdivision (a)(2)(v) committed on or after August 13, 2007

(the effective date of Public Act 95-134) or subdivision

(a)(2)(vi) committed on or after June 1, 2008 (the effective

date of Public Act 95-625) or subdivision (a)(2)(vii)

committed on or after July 23, 2010 (the effective date of

Public Act 96-1224), and other than the offense of aggravated

driving under the influence of alcohol, other drug or drugs,

or intoxicating compound or compounds, or any combination

thereof as defined in subparagraph (F) of paragraph (1) of

subsection (d) of Section 11-501 of the Illinois Vehicle Code,

and other than the offense of aggravated driving under the

influence of alcohol, other drug or drugs, or intoxicating

compound or compounds, or any combination thereof as defined

in subparagraph (C) of paragraph (1) of subsection (d) of

Section 11-501 of the Illinois Vehicle Code committed on or

after January 1, 2011 (the effective date of Public Act

96-1230), the rules and regulations shall provide that a

prisoner who is serving a term of imprisonment shall receive

one day of sentence credit for each day of his or her sentence

of imprisonment or recommitment under Section 3-3-9. Each day

of sentence credit shall reduce by one day the prisoner's

period of imprisonment or recommitment under Section 3-3-9.

(2.2) A prisoner serving a term of natural life

imprisonment shall receive no sentence credit.

(2.3) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds, or any

combination thereof as defined in subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code, shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment.

(2.4) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide with respect to the offenses of aggravated

battery with a machine gun or a firearm equipped with any

device or attachment designed or used for silencing the report

of a firearm or aggravated discharge of a machine gun or a

firearm equipped with any device or attachment designed or

used for silencing the report of a firearm, committed on or

after July 15, 1999 (the effective date of Public Act 91-121),

that a prisoner serving a sentence for any of these offenses

shall receive no more than 4.5 days of sentence credit for each

month of his or her sentence of imprisonment.

(2.5) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated arson committed on or after July 27, 2001 (the

effective date of Public Act 92-176) shall receive no more

than 4.5 days of sentence credit for each month of his or her

sentence of imprisonment.

(2.6) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds or any

combination thereof as defined in subparagraph (C) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code committed on or after January 1, 2011

(the effective date of Public Act 96-1230) shall receive no

more than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment.

(3) In addition to the sentence credits earned under

paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this

subsection (a), the rules and regulations shall also provide

that the Director of Corrections or the Director of Juvenile

Justice may award up to 180 days of earned sentence credit for

prisoners serving a sentence of incarceration of less than 5

years, and up to 365 days of earned sentence credit for

prisoners serving a sentence of 5 years or longer. The

Director may grant this credit for good conduct in specific

instances as either Director deems proper for eligible persons

in the custody of each Director's respective Department. The

good conduct may include, but is not limited to, compliance

with the rules and regulations of the Department, service to

the Department, service to a community, or service to the

State.

Eligible inmates for an award of earned sentence credit

under this paragraph (3) may be selected to receive the credit

at either Director's or his or her designee's sole discretion.

Eligibility for the additional earned sentence credit under

this paragraph (3) may be based on, but is not limited to,

participation in programming offered by the Department as

appropriate for the prisoner based on the results of any

available risk/needs assessment or other relevant assessments

or evaluations administered by the Department using a

validated instrument, the circumstances of the crime,

demonstrated commitment to rehabilitation by a prisoner with a

history of conviction for a forcible felony enumerated in

Section 2-8 of the Criminal Code of 2012, the inmate's

behavior and improvements in disciplinary history while

incarcerated, and the inmate's commitment to rehabilitation,

including participation in programming offered by the

Department.

The Director of Corrections or the Director of Juvenile

Justice shall not award sentence credit under this paragraph

(3) to an inmate unless the inmate has served a minimum of 60

days of the sentence, including time served in a county jail;

except nothing in this paragraph shall be construed to permit

either Director to extend an inmate's sentence beyond that

which was imposed by the court. Prior to awarding credit under

this paragraph (3), each Director shall make a written

determination that the inmate:

(A) is eligible for the earned sentence credit;

(B) has served a minimum of 60 days, or as close to 60

days as the sentence will allow;

(B-1) has received a risk/needs assessment or other

relevant evaluation or assessment administered by the

Department using a validated instrument; and

(C) has met the eligibility criteria established by

rule for earned sentence credit.

The Director of Corrections or the Director of Juvenile

Justice shall determine the form and content of the written

determination required in this subsection.

(3.5) The Department shall provide annual written reports

to the Governor and the General Assembly on the award of earned

sentence credit no later than February 1 of each year. The

Department must publish both reports on its website within 48

hours of transmitting the reports to the Governor and the

General Assembly. The reports must include:

(A) the number of inmates awarded earned sentence

credit;

(B) the average amount of earned sentence credit

awarded;

(C) the holding offenses of inmates awarded earned

sentence credit; and

(D) the number of earned sentence credit revocations.

(4)(A) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall also provide

that any prisoner who is engaged full-time in substance abuse

programs, correctional industry assignments, educational

programs, work-release programs or activities in accordance

with Article 13 of Chapter III of this Code, behavior

modification programs, life skills courses, or re-entry

planning provided by the Department under this paragraph (4)

and satisfactorily completes the assigned program as

determined by the standards of the Department, shall receive

one day of sentence credit for each day in which that prisoner

is engaged in the activities described in this paragraph. The

rules and regulations shall also provide that sentence credit

may be provided to an inmate who was held in pre-trial

detention prior to his or her current commitment to the

Department of Corrections and successfully completed a

full-time, 60-day or longer substance abuse program,

educational program, behavior modification program, life

skills course, or re-entry planning provided by the county

department of corrections or county jail. Calculation of this

county program credit shall be done at sentencing as provided

in Section 5-4.5-100 of this Code and shall be included in the

sentencing order. The rules and regulations shall also provide

that sentence credit may be provided to an inmate who is in

compliance with programming requirements in an adult

transition center.

(B) The Department shall award sentence credit under this

paragraph (4) accumulated prior to January 1, 2020 (the

effective date of Public Act 101-440) in an amount specified

in subparagraph (C) of this paragraph (4) to an inmate serving

a sentence for an offense committed prior to June 19, 1998, if

the Department determines that the inmate is entitled to this

sentence credit, based upon:

(i) documentation provided by the Department that the

inmate engaged in any full-time substance abuse programs,

correctional industry assignments, educational programs,

behavior modification programs, life skills courses, or

re-entry planning provided by the Department under this

paragraph (4) and satisfactorily completed the assigned

program as determined by the standards of the Department

during the inmate's current term of incarceration; or

(ii) the inmate's own testimony in the form of an

affidavit or documentation, or a third party's

documentation or testimony in the form of an affidavit

that the inmate likely engaged in any full-time substance

abuse programs, correctional industry assignments,

educational programs, behavior modification programs, life

skills courses, or re-entry planning provided by the

Department under paragraph (4) and satisfactorily

completed the assigned program as determined by the

standards of the Department during the inmate's current

term of incarceration.

(C) If the inmate can provide documentation that he or she

is entitled to sentence credit under subparagraph (B) in

excess of 45 days of participation in those programs, the

inmate shall receive 90 days of sentence credit. If the inmate

cannot provide documentation of more than 45 days of

participation in those programs, the inmate shall receive 45

days of sentence credit. In the event of a disagreement

between the Department and the inmate as to the amount of

credit accumulated under subparagraph (B), if the Department

provides documented proof of a lesser amount of days of

participation in those programs, that proof shall control. If

the Department provides no documentary proof, the inmate's

proof as set forth in clause (ii) of subparagraph (B) shall

control as to the amount of sentence credit provided.

(D) If the inmate has been convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act,

sentencing credits under subparagraph (B) of this paragraph

(4) shall be awarded by the Department only if the conditions

set forth in paragraph (4.6) of subsection (a) are satisfied.

No inmate serving a term of natural life imprisonment shall

receive sentence credit under subparagraph (B) of this

paragraph (4).

(E) The rules and regulations shall provide for the

recalculation of program credits awarded pursuant to this

paragraph (4) prior to July 1, 2021 (the effective date of

Public Act 101-652) at the rate set for such credits on and

after July 1, 2021.

Educational, vocational, substance abuse, behavior

modification programs, life skills courses, re-entry planning,

and correctional industry programs under which sentence credit

may be earned under this paragraph (4) and paragraph (4.1) of

this subsection (a) shall be evaluated by the Department on

the basis of documented standards. The Department shall report

the results of these evaluations to the Governor and the

General Assembly by September 30th of each year. The reports

shall include data relating to the recidivism rate among

program participants.

Availability of these programs shall be subject to the

limits of fiscal resources appropriated by the General

Assembly for these purposes. Eligible inmates who are denied

immediate admission shall be placed on a waiting list under

criteria established by the Department. The rules and

regulations shall provide that a prisoner who has been placed

on a waiting list but is transferred for non-disciplinary

reasons before beginning a program shall receive priority

placement on the waitlist for appropriate programs at the new

facility. The inability of any inmate to become engaged in any

such programs by reason of insufficient program resources or

for any other reason established under the rules and

regulations of the Department shall not be deemed a cause of

action under which the Department or any employee or agent of

the Department shall be liable for damages to the inmate. The

rules and regulations shall provide that a prisoner who begins

an educational, vocational, substance abuse, work-release

programs or activities in accordance with Article 13 of

Chapter III of this Code, behavior modification program, life

skills course, re-entry planning, or correctional industry

programs but is unable to complete the program due to illness,

disability, transfer, lockdown, or another reason outside of

the prisoner's control shall receive prorated sentence credits

for the days in which the prisoner did participate.

(4.1) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall also provide

that an additional 90 days of sentence credit shall be awarded

to any prisoner who passes high school equivalency testing

while the prisoner is committed to the Department of

Corrections. The sentence credit awarded under this paragraph

(4.1) shall be in addition to, and shall not affect, the award

of sentence credit under any other paragraph of this Section,

but shall also be pursuant to the guidelines and restrictions

set forth in paragraph (4) of subsection (a) of this Section.

The sentence credit provided for in this paragraph shall be

available only to those prisoners who have not previously

earned a high school diploma or a State of Illinois High School

Diploma. If, after an award of the high school equivalency

testing sentence credit has been made, the Department

determines that the prisoner was not eligible, then the award

shall be revoked. The Department may also award 90 days of

sentence credit to any committed person who passed high school

equivalency testing while he or she was held in pre-trial

detention prior to the current commitment to the Department of

Corrections. Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall provide that

an additional 120 days of sentence credit shall be awarded to

any prisoner who obtains an associate degree while the

prisoner is committed to the Department of Corrections,

regardless of the date that the associate degree was obtained,

including if prior to July 1, 2021 (the effective date of

Public Act 101-652). The sentence credit awarded under this

paragraph (4.1) shall be in addition to, and shall not affect,

the award of sentence credit under any other paragraph of this

Section, but shall also be under the guidelines and

restrictions set forth in paragraph (4) of subsection (a) of

this Section. The sentence credit provided for in this

paragraph (4.1) shall be available only to those prisoners who

have not previously earned an associate degree prior to the

current commitment to the Department of Corrections. If, after

an award of the associate degree sentence credit has been made

and the Department determines that the prisoner was not

eligible, then the award shall be revoked. The Department may

also award 120 days of sentence credit to any committed person

who earned an associate degree while he or she was held in

pre-trial detention prior to the current commitment to the

Department of Corrections.

Except as provided in paragraph (4.7) of this subsection

(a), the rules and regulations shall provide that an

additional 180 days of sentence credit shall be awarded to any

prisoner who obtains a bachelor's degree while the prisoner is

committed to the Department of Corrections. The sentence

credit awarded under this paragraph (4.1) shall be in addition

to, and shall not affect, the award of sentence credit under

any other paragraph of this Section, but shall also be under

the guidelines and restrictions set forth in paragraph (4) of

this subsection (a). The sentence credit provided for in this

paragraph shall be available only to those prisoners who have

not earned a bachelor's degree prior to the current commitment

to the Department of Corrections. If, after an award of the

bachelor's degree sentence credit has been made, the

Department determines that the prisoner was not eligible, then

the award shall be revoked. The Department may also award 180

days of sentence credit to any committed person who earned a

bachelor's degree while he or she was held in pre-trial

detention prior to the current commitment to the Department of

Corrections.

Except as provided in paragraph (4.7) of this subsection

(a), the rules and regulations shall provide that an

additional 180 days of sentence credit shall be awarded to any

prisoner who obtains a master's or professional degree while

the prisoner is committed to the Department of Corrections.

The sentence credit awarded under this paragraph (4.1) shall

be in addition to, and shall not affect, the award of sentence

credit under any other paragraph of this Section, but shall

also be under the guidelines and restrictions set forth in

paragraph (4) of this subsection (a). The sentence credit

provided for in this paragraph shall be available only to

those prisoners who have not previously earned a master's or

professional degree prior to the current commitment to the

Department of Corrections. If, after an award of the master's

or professional degree sentence credit has been made, the

Department determines that the prisoner was not eligible, then

the award shall be revoked. The Department may also award 180

days of sentence credit to any committed person who earned a

master's or professional degree while he or she was held in

pre-trial detention prior to the current commitment to the

Department of Corrections.

(4.2)(A) The rules and regulations shall also provide that

any prisoner engaged in self-improvement programs, volunteer

work, or work assignments that are not otherwise eligible

activities under paragraph (4), shall receive up to 0.5 days

of sentence credit for each day in which the prisoner is

engaged in activities described in this paragraph.

(B) The rules and regulations shall provide for the award

of sentence credit under this paragraph (4.2) for qualifying

days of engagement in eligible activities occurring prior to

July 1, 2021 (the effective date of Public Act 101-652).

(4.5) The rules and regulations on sentence credit shall

also provide that when the court's sentencing order recommends

a prisoner for substance abuse treatment and the crime was

committed on or after September 1, 2003 (the effective date of

Public Act 93-354), the prisoner shall receive no sentence

credit awarded under clause (3) of this subsection (a) unless

he or she participates in and completes a substance abuse

treatment program. The Director of Corrections may waive the

requirement to participate in or complete a substance abuse

treatment program in specific instances if the prisoner is not

a good candidate for a substance abuse treatment program for

medical, programming, or operational reasons. Availability of

substance abuse treatment shall be subject to the limits of

fiscal resources appropriated by the General Assembly for

these purposes. If treatment is not available and the

requirement to participate and complete the treatment has not

been waived by the Director, the prisoner shall be placed on a

waiting list under criteria established by the Department. The

Director may allow a prisoner placed on a waiting list to

participate in and complete a substance abuse education class

or attend substance abuse self-help meetings in lieu of a

substance abuse treatment program. A prisoner on a waiting

list who is not placed in a substance abuse program prior to

release may be eligible for a waiver and receive sentence

credit under clause (3) of this subsection (a) at the

discretion of the Director.

(4.6) The rules and regulations on sentence credit shall

also provide that a prisoner who has been convicted of a sex

offense as defined in Section 2 of the Sex Offender

Registration Act shall receive no sentence credit unless he or

she either has successfully completed or is participating in

sex offender treatment as defined by the Sex Offender

Management Board. However, prisoners who are waiting to

receive treatment, but who are unable to do so due solely to

the lack of resources on the part of the Department, may, at

either Director's sole discretion, be awarded sentence credit

at a rate as the Director shall determine.

(4.7) On or after January 1, 2018 (the effective date of

Public Act 100-3), sentence credit under paragraph (3), (4),

or (4.1) of this subsection (a) may be awarded to a prisoner

who is serving a sentence for an offense described in

paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

on or after January 1, 2018 (the effective date of Public Act

100-3); provided, the award of the credits under this

paragraph (4.7) shall not reduce the sentence of the prisoner

to less than the following amounts:

(i) 85% of his or her sentence if the prisoner is

required to serve 85% of his or her sentence; or

(ii) 60% of his or her sentence if the prisoner is

required to serve 75% of his or her sentence, except if the

prisoner is serving a sentence for gunrunning his or her

sentence shall not be reduced to less than 75%.

(iii) 100% of his or her sentence if the prisoner is

required to serve 100% of his or her sentence.

(5) Whenever the Department is to release any inmate

earlier than it otherwise would because of a grant of earned

sentence credit under paragraph (3) of subsection (a) of this

Section given at any time during the term, the Department

shall give reasonable notice of the impending release not less

than 14 days prior to the date of the release to the State's

Attorney of the county where the prosecution of the inmate

took place, and if applicable, the State's Attorney of the

county into which the inmate will be released. The Department

must also make identification information and a recent photo

of the inmate being released accessible on the Internet by

means of a hyperlink labeled "Community Notification of Inmate

Early Release" on the Department's World Wide Web homepage.

The identification information shall include the inmate's:

name, any known alias, date of birth, physical

characteristics, commitment offense, and county where

conviction was imposed. The identification information shall

be placed on the website within 3 days of the inmate's release

and the information may not be removed until either:

completion of the first year of mandatory supervised release

or return of the inmate to custody of the Department.

(b) Whenever a person is or has been committed under

several convictions, with separate sentences, the sentences

shall be construed under Section 5-8-4 in granting and

forfeiting of sentence credit.

(c) (1) The Department shall prescribe rules and

regulations for revoking sentence credit, including revoking

sentence credit awarded under paragraph (3) of subsection (a)

of this Section. The Department shall prescribe rules and

regulations establishing and requiring the use of a sanctions

matrix for revoking sentence credit. The Department shall

prescribe rules and regulations for suspending or reducing the

rate of accumulation of sentence credit for specific rule

violations, during imprisonment. These rules and regulations

shall provide that no inmate may be penalized more than one

year of sentence credit for any one infraction.

(2) When the Department seeks to revoke, suspend, or

reduce the rate of accumulation of any sentence credits for an

alleged infraction of its rules, it shall bring charges

therefor against the prisoner sought to be so deprived of

sentence credits before the Prisoner Review Board as provided

in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

amount of credit at issue exceeds 30 days, whether from one

infraction or cumulatively from multiple infractions arising

out of a single event, or when, during any 12-month period, the

cumulative amount of credit revoked exceeds 30 days except

where the infraction is committed or discovered within 60 days

of scheduled release. In those cases, the Department of

Corrections may revoke up to 30 days of sentence credit. The

Board may subsequently approve the revocation of additional

sentence credit, if the Department seeks to revoke sentence

credit in excess of 30 days. However, the Board shall not be

empowered to review the Department's decision with respect to

the loss of 30 days of sentence credit within any calendar year

for any prisoner or to increase any penalty beyond the length

requested by the Department.

(3) The Director of Corrections or the Director of

Juvenile Justice, in appropriate cases, may restore sentence

credits which have been revoked, suspended, or reduced. The

Department shall prescribe rules and regulations governing the

restoration of sentence credits. These rules and regulations

shall provide for the automatic restoration of sentence

credits following a period in which the prisoner maintains a

record without a disciplinary violation.

Nothing contained in this Section shall prohibit the

Prisoner Review Board from ordering, pursuant to Section

3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

sentence imposed by the court that was not served due to the

accumulation of sentence credit.

(d) If a lawsuit is filed by a prisoner in an Illinois or

federal court against the State, the Department of

Corrections, or the Prisoner Review Board, or against any of

their officers or employees, and the court makes a specific

finding that a pleading, motion, or other paper filed by the

prisoner is frivolous, the Department of Corrections shall

conduct a hearing to revoke up to 180 days of sentence credit

by bringing charges against the prisoner sought to be deprived

of the sentence credits before the Prisoner Review Board as

provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

If the prisoner has not accumulated 180 days of sentence

credit at the time of the finding, then the Prisoner Review

Board may revoke all sentence credit accumulated by the

prisoner.

For purposes of this subsection (d):

(1) "Frivolous" means that a pleading, motion, or

other filing which purports to be a legal document filed

by a prisoner in his or her lawsuit meets any or all of the

following criteria:

(A) it lacks an arguable basis either in law or in

fact;

(B) it is being presented for any improper

purpose, such as to harass or to cause unnecessary

delay or needless increase in the cost of litigation;

(C) the claims, defenses, and other legal

contentions therein are not warranted by existing law

or by a nonfrivolous argument for the extension,

modification, or reversal of existing law or the

establishment of new law;

(D) the allegations and other factual contentions

do not have evidentiary support or, if specifically so

identified, are not likely to have evidentiary support

after a reasonable opportunity for further

investigation or discovery; or

(E) the denials of factual contentions are not

warranted on the evidence, or if specifically so

identified, are not reasonably based on a lack of

information or belief.

(2) "Lawsuit" means a motion pursuant to Section 116-3

of the Code of Criminal Procedure of 1963, a habeas corpus

action under Article X of the Code of Civil Procedure or

under federal law (28 U.S.C. 2254), a petition for claim

under the Court of Claims Act, an action under the federal

Civil Rights Act (42 U.S.C. 1983), or a second or

subsequent petition for post-conviction relief under

Article 122 of the Code of Criminal Procedure of 1963

whether filed with or without leave of court or a second or

subsequent petition for relief from judgment under Section

2-1401 of the Code of Civil Procedure.

(e) Nothing in Public Act 90-592 or 90-593 affects the

validity of Public Act 89-404.

(f) Whenever the Department is to release any inmate who

has been convicted of a violation of an order of protection

under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

the Criminal Code of 2012, earlier than it otherwise would

because of a grant of sentence credit, the Department, as a

condition of release, shall require that the person, upon

release, be placed under electronic surveillance as provided

in Section 5-8A-7 of this Code.

(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;

102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.

1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised

12-15-23.)

(730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10)

Sec. 3-8-10. Intrastate detainers. Subsections Subsection

(b), (c), and (e) of Section 103-5 of the Code of Criminal

Procedure of 1963 shall also apply to persons committed to any

institution or facility or program of the Illinois Department

of Corrections who have untried complaints, charges or

indictments pending in any county of this State, and such

person shall include in the demand under subsection (b), a

statement of the place of present commitment, the term, and

length of the remaining term, the charges pending against him

or her to be tried and the county of the charges, and the

demand shall be addressed to the state's attorney of the

county where he or she is charged with a copy to the clerk of

that court and a copy to the chief administrative officer of

the Department of Corrections institution or facility to which

he or she is committed. The state's attorney shall then

procure the presence of the defendant for trial in his county

by habeas corpus. Additional time may be granted by the court

for the process of bringing and serving an order of habeas

corpus ad prosequendum. In the event that the person is not

brought to trial within the allotted time, then the charge for

which he or she has requested a speedy trial shall be

dismissed. The provisions of this Section do not apply to

persons no longer committed to a facility or program of the

Illinois Department of Corrections. A person serving a period

of parole or mandatory supervised release under the

supervision of the Department of Corrections, for the purpose

of this Section, shall not be deemed to be committed to the

Department.

(Source: P.A. 103-51, eff. 1-1-24; revised 1-2-24.)

(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)

Sec. 5-4-1. Sentencing hearing.

(a) 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 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;

(3.3) the person's last known complete street address

prior to incarceration or legal residence, the person's

race, whether the person is of Hispanic or Latino origin,

and whether the person is 18 years of age or older;

(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. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;

103-51, eff. 1-1-24; revised 12-15-23.)

(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)

Sec. 5-4-3. Specimens; genetic marker groups.

(a) Any person convicted of, found guilty under the

Juvenile Court Act of 1987 for, or who received a disposition

of court supervision for, a qualifying offense or attempt of a

qualifying offense, convicted or found guilty of any offense

classified as a felony under Illinois law, convicted or found

guilty of any offense requiring registration under the Sex

Offender Registration Act, found guilty or given supervision

for any offense classified as a felony under the Juvenile

Court Act of 1987, convicted or found guilty of, under the

Juvenile Court Act of 1987, any offense requiring registration

under the Sex Offender Registration Act, or institutionalized

as a sexually dangerous person under the Sexually Dangerous

Persons Act, or committed as a sexually violent person under

the Sexually Violent Persons Commitment Act shall, regardless

of the sentence or disposition imposed, be required to submit

specimens of blood, saliva, or tissue to the Illinois State

Police in accordance with the provisions of this Section,

provided such person is:

(1) convicted of a qualifying offense or attempt of a

qualifying offense on or after July 1, 1990 and sentenced

to a term of imprisonment, periodic imprisonment, fine,

probation, conditional discharge or any other form of

sentence, or given a disposition of court supervision for

the offense;

(1.5) found guilty or given supervision under the

Juvenile Court Act of 1987 for a qualifying offense or

attempt of a qualifying offense on or after January 1,

1997;

(2) ordered institutionalized as a sexually dangerous

person on or after July 1, 1990;

(3) convicted of a qualifying offense or attempt of a

qualifying offense before July 1, 1990 and is presently

confined as a result of such conviction in any State

correctional facility or county jail or is presently

serving a sentence of probation, conditional discharge or

periodic imprisonment as a result of such conviction;

(3.5) convicted or found guilty of any offense

classified as a felony under Illinois law or found guilty

or given supervision for such an offense under the

Juvenile Court Act of 1987 on or after August 22, 2002;

(4) presently institutionalized as a sexually

dangerous person or presently institutionalized as a

person found guilty but mentally ill of a sexual offense

or attempt to commit a sexual offense; or

(4.5) ordered committed as a sexually violent person

on or after January 1, 1998 (the effective date of the

Sexually Violent Persons Commitment Act).

(a-1) Any person incarcerated in a facility of the

Illinois Department of Corrections or the Illinois Department

of Juvenile Justice on or after August 22, 2002, whether for a

term of years or natural life, who has not yet submitted a

specimen of blood, saliva, or tissue shall be required to

submit a specimen of blood, saliva, or tissue prior to his or

her final discharge, or release on parole, aftercare release,

or mandatory supervised release, as a condition of his or her

parole, aftercare release, or mandatory supervised release, or

within 6 months from August 13, 2009 (the effective date of

Public Act 96-426), whichever is sooner. A person incarcerated

on or after August 13, 2009 (the effective date of Public Act

96-426) shall be required to submit a specimen within 45 days

of incarceration, or prior to his or her final discharge, or

release on parole, aftercare release, or mandatory supervised

release, as a condition of his or her parole, aftercare

release, or mandatory supervised release, whichever is sooner.

These specimens shall be placed into the State or national DNA

database, to be used in accordance with other provisions of

this Section, by the Illinois State Police.

(a-2) Any person sentenced to life imprisonment in a

facility of the Illinois Department of Corrections after June

13, 2005 (the effective date of Public Act 94-16) this

amendatory Act of the 94th General Assembly shall be required

to provide a specimen of blood, saliva, or tissue within 45

days after sentencing or disposition at a collection site

designated by the Illinois State Police. Any person serving a

sentence of life imprisonment in a facility of the Illinois

Department of Corrections on June 13, 2005 (the effective date

of Public Act 94-16) this amendatory Act of the 94th General

Assembly or any person who is under a sentence of death on June

13, 2005 (the effective date of Public Act 94-16) this

amendatory Act of the 94th General Assembly shall be required

to provide a specimen of blood, saliva, or tissue upon request

at a collection site designated by the Illinois State Police.

(a-3) Any person seeking transfer to or residency in

Illinois under Sections 3-3-11.05 through 3-3-11.5 of this

Code, the Interstate Compact for Adult Offender Supervision,

or the Interstate Agreements on Sexually Dangerous Persons Act

shall be required to provide a specimen of blood, saliva, or

tissue within 45 days after transfer to or residency in

Illinois at a collection site designated by the Illinois State

Police.

(a-3.1) Any person required by an order of the court to

submit a DNA specimen shall be required to provide a specimen

of blood, saliva, or tissue within 45 days after the court

order at a collection site designated by the Illinois State

Police.

(a-3.2) On or after January 1, 2012 (the effective date of

Public Act 97-383), any person arrested for any of the

following offenses, after an indictment has been returned by a

grand jury, or following a hearing pursuant to Section 109-3

of the Code of Criminal Procedure of 1963 and a judge finds

there is probable cause to believe the arrestee has committed

one of the designated offenses, or an arrestee has waived a

preliminary hearing shall be required to provide a specimen of

blood, saliva, or tissue within 14 days after such indictment

or hearing at a collection site designated by the Illinois

State Police:

(A) first degree murder;

(B) home invasion;

(C) predatory criminal sexual assault of a child;

(D) aggravated criminal sexual assault; or

(E) criminal sexual assault.

(a-3.3) Any person required to register as a sex offender

under the Sex Offender Registration Act, regardless of the

date of conviction as set forth in subsection (c-5.2) shall be

required to provide a specimen of blood, saliva, or tissue

within the time period prescribed in subsection (c-5.2) at a

collection site designated by the Illinois State Police.

(a-5) Any person who was otherwise convicted of or

received a disposition of court supervision for any other

offense under the Criminal Code of 1961 or the Criminal Code of

2012 or who was found guilty or given supervision for such a

violation under the Juvenile Court Act of 1987, may,

regardless of the sentence imposed, be required by an order of

the court to submit specimens of blood, saliva, or tissue to

the Illinois State Police in accordance with the provisions of

this Section.

(b) Any person required by paragraphs (a)(1), (a)(1.5),

(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,

saliva, or tissue shall provide specimens of blood, saliva, or

tissue within 45 days after sentencing or disposition at a

collection site designated by the Illinois State Police.

(c) Any person required by paragraphs (a)(3), (a)(4), and

(a)(4.5) to provide specimens of blood, saliva, or tissue

shall be required to provide such specimens prior to final

discharge or within 6 months from August 13, 2009 (the

effective date of Public Act 96-426), whichever is sooner.

These specimens shall be placed into the State or national DNA

database, to be used in accordance with other provisions of

this Act, by the Illinois State Police.

(c-5) Any person required by paragraph (a-3) to provide

specimens of blood, saliva, or tissue shall, where feasible,

be required to provide the specimens before being accepted for

conditioned residency in Illinois under the interstate compact

or agreement, but no later than 45 days after arrival in this

State.

(c-5.2) Unless it is determined that a registered sex

offender has previously submitted a specimen of blood, saliva,

or tissue that has been placed into the State DNA database, a

person registering as a sex offender shall be required to

submit a specimen at the time of his or her initial

registration pursuant to the Sex Offender Registration Act or,

for a person registered as a sex offender on or prior to

January 1, 2012 (the effective date of Public Act 97-383),

within one year of January 1, 2012 (the effective date of

Public Act 97-383) or at the time of his or her next required

registration.

(c-6) The Illinois State Police may determine which type

of specimen or specimens, blood, saliva, or tissue, is

acceptable for submission to the Division of Forensic Services

for analysis. The Illinois State Police may require the

submission of fingerprints from anyone required to give a

specimen under this Act.

(d) The Illinois State Police shall provide all equipment

and instructions necessary for the collection of blood

specimens. The collection of specimens shall be performed in a

medically approved manner. Only a physician authorized to

practice medicine, a registered nurse or other qualified

person trained in venipuncture may withdraw blood for the

purposes of this Act. The specimens shall thereafter be

forwarded to the Illinois State Police, Division of Forensic

Services, for analysis and categorizing into genetic marker

groupings.

(d-1) The Illinois State Police shall provide all

equipment and instructions necessary for the collection of

saliva specimens. The collection of saliva specimens shall be

performed in a medically approved manner. Only a person

trained in the instructions promulgated by the Illinois State

Police on collecting saliva may collect saliva for the

purposes of this Section. The specimens shall thereafter be

forwarded to the Illinois State Police, Division of Forensic

Services, for analysis and categorizing into genetic marker

groupings.

(d-2) The Illinois State Police shall provide all

equipment and instructions necessary for the collection of

tissue specimens. The collection of tissue specimens shall be

performed in a medically approved manner. Only a person

trained in the instructions promulgated by the Illinois State

Police on collecting tissue may collect tissue for the

purposes of this Section. The specimens shall thereafter be

forwarded to the Illinois State Police, Division of Forensic

Services, for analysis and categorizing into genetic marker

groupings.

(d-5) To the extent that funds are available, the Illinois

State Police shall contract with qualified personnel and

certified laboratories for the collection, analysis, and

categorization of known specimens, except as provided in

subsection (n) of this Section.

(d-6) Agencies designated by the Illinois State Police and

the Illinois State Police may contract with third parties to

provide for the collection or analysis of DNA, or both, of an

offender's blood, saliva, and tissue specimens, except as

provided in subsection (n) of this Section.

(e) The genetic marker groupings shall be maintained by

the Illinois State Police, Division of Forensic Services.

(f) The genetic marker grouping analysis information

obtained pursuant to this Act shall be confidential and shall

be released only to peace officers of the United States, of

other states or territories, of the insular possessions of the

United States, of foreign countries duly authorized to receive

the same, to all peace officers of the State of Illinois and to

all prosecutorial agencies, and to defense counsel as provided

by Section 116-5 of the Code of Criminal Procedure of 1963. The

genetic marker grouping analysis information obtained pursuant

to this Act shall be used only for (i) valid law enforcement

identification purposes and as required by the Federal Bureau

of Investigation for participation in the National DNA

database, (ii) technology validation purposes, (iii) a

population statistics database, (iv) quality assurance

purposes if personally identifying information is removed, (v)

assisting in the defense of the criminally accused pursuant to

Section 116-5 of the Code of Criminal Procedure of 1963, or

(vi) identifying and assisting in the prosecution of a person

who is suspected of committing a sexual assault as defined in

Section 1a of the Sexual Assault Survivors Emergency Treatment

Act. Notwithstanding any other statutory provision to the

contrary, all information obtained under this Section shall be

maintained in a single State data base, which may be uploaded

into a national database, and which information may be subject

to expungement only as set forth in subsection (f-1).

(f-1) Upon receipt of notification of a reversal of a

conviction based on actual innocence, or of the granting of a

pardon pursuant to Section 12 of Article V of the Illinois

Constitution, if that pardon document specifically states that

the reason for the pardon is the actual innocence of an

individual whose DNA record has been stored in the State or

national DNA identification index in accordance with this

Section by the Illinois State Police, the DNA record shall be

expunged from the DNA identification index, and the Department

shall by rule prescribe procedures to ensure that the record

and any specimens, analyses, or other documents relating to

such record, whether in the possession of the Department or

any law enforcement or police agency, or any forensic DNA

laboratory, including any duplicates or copies thereof, are

destroyed and a letter is sent to the court verifying the

expungement is completed. For specimens required to be

collected prior to conviction, unless the individual has other

charges or convictions that require submission of a specimen,

the DNA record for an individual shall be expunged from the DNA

identification databases and the specimen destroyed upon

receipt of a certified copy of a final court order for each

charge against an individual in which the charge has been

dismissed, resulted in acquittal, or that the charge was not

filed within the applicable time period. The Department shall

by rule prescribe procedures to ensure that the record and any

specimens in the possession or control of the Department are

destroyed and a letter is sent to the court verifying the

expungement is completed.

(f-5) Any person who intentionally uses genetic marker

grouping analysis information, or any other information

derived from a DNA specimen, beyond the authorized uses as

provided under this Section, or any other Illinois law, is

guilty of a Class 4 felony, and shall be subject to a fine of

not less than $5,000.

(f-6) The Illinois State Police may contract with third

parties for the purposes of implementing Public Act 93-216

this amendatory Act of the 93rd General Assembly, except as

provided in subsection (n) of this Section. Any other party

contracting to carry out the functions of this Section shall

be subject to the same restrictions and requirements of this

Section insofar as applicable, as the Illinois State Police,

and to any additional restrictions imposed by the Illinois

State Police.

(g) For the purposes of this Section, "qualifying offense"

means any of the following:

(1) any violation or inchoate violation of Section

11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or

12-16 of the Criminal Code of 1961 or the Criminal Code of

2012;

(1.1) any violation or inchoate violation of Section

9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,

18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of

1961 or the Criminal Code of 2012 for which persons are

convicted on or after July 1, 2001;

(2) any former statute of this State which defined a

felony sexual offense;

(3) (blank);

(4) any inchoate violation of Section 9-3.1, 9-3.4,

11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or

the Criminal Code of 2012; or

(5) any violation or inchoate violation of Article 29D

of the Criminal Code of 1961 or the Criminal Code of 2012.

(g-5) (Blank).

(h) The Illinois State Police shall be the State central

repository for all genetic marker grouping analysis

information obtained pursuant to this Act. The Illinois State

Police may promulgate rules for the form and manner of the

collection of blood, saliva, or tissue specimens and other

procedures for the operation of this Act. The provisions of

the Administrative Review Law shall apply to all actions taken

under the rules so promulgated.

(i)(1) A person required to provide a blood, saliva, or

tissue specimen shall cooperate with the collection of the

specimen and any deliberate act by that person intended to

impede, delay or stop the collection of the blood, saliva, or

tissue specimen is a Class 4 felony.

(2) In the event that a person's DNA specimen is not

adequate for any reason, the person shall provide another DNA

specimen for analysis. Duly authorized law enforcement and

corrections personnel may employ reasonable force in cases in

which an individual refuses to provide a DNA specimen required

under this Act.

(j) (Blank).

(k) All analysis and categorization assessments provided

under the Criminal and Traffic Assessment Assessments Act to

the State Crime Laboratory Fund shall be regulated as follows:

(1) (Blank).

(2) (Blank).

(3) Moneys deposited into the State Crime Laboratory

Fund shall be used by Illinois State Police 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 laws and shall be

designated for the exclusive use of State crime

laboratories. These uses may include, but are not limited

to, the following:

(A) Costs incurred in providing analysis and

genetic marker categorization as required by

subsection (d).

(B) Costs incurred in maintaining genetic marker

groupings as required by subsection (e).

(C) Costs incurred in the purchase and maintenance

of equipment for use in performing analyses.

(D) Costs incurred in continuing research and

development of new techniques for analysis and genetic

marker categorization.

(E) Costs incurred in continuing education,

training, and professional development of forensic

scientists regularly employed by these laboratories.

(l) The failure of a person to provide a specimen, or of

any person or agency to collect a specimen, shall in no way

alter the obligation of the person to submit such specimen, or

the authority of the Illinois State Police or persons

designated by the Illinois State Police to collect the

specimen, or the authority of the Illinois State Police to

accept, analyze and maintain the specimen or to maintain or

upload results of genetic marker grouping analysis information

into a State or national database.

(m) If any provision of Public Act 93-216 this amendatory

Act of the 93rd General Assembly is held unconstitutional or

otherwise invalid, the remainder of Public Act 93-216 this

amendatory Act of the 93rd General Assembly is not affected.

(n) Neither the Illinois State Police, the Division of

Forensic Services, nor any laboratory of the Division of

Forensic Services may contract out forensic testing for the

purpose of an active investigation or a matter pending before

a court of competent jurisdiction without the written consent

of the prosecuting agency. For the purposes of this subsection

(n), "forensic testing" includes the analysis of physical

evidence in an investigation or other proceeding for the

prosecution of a violation of the Criminal Code of 1961 or the

Criminal Code of 2012 or for matters adjudicated under the

Juvenile Court Act of 1987, and includes the use of forensic

databases and databanks, including DNA, firearm, and

fingerprint databases, and expert testimony.

(o) Mistake does not invalidate a database match. The

detention, arrest, or conviction of a person based upon a

database match or database information is not invalidated if

it is determined that the specimen was obtained or placed in

the database by mistake.

(p) This Section may be referred to as the Illinois DNA

Database Law of 2011.

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

103-51, eff. 1-1-24; revised 1-2-24.)

(730 ILCS 5/5-4.5-105)

Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF

18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.

(a) On or after January 1, 2016 (the effective date of

Public Act 99-69) this amendatory Act of the 99th General

Assembly, when a person commits an offense and the person is

under 18 years of age at the time of the commission of the

offense, the court, at the sentencing hearing conducted under

Section 5-4-1, shall consider the following additional factors

in mitigation in determining the appropriate sentence:

(1) the person's age, impetuosity, and level of

maturity at the time of the offense, including the ability

to consider risks and consequences of behavior, and the

presence of cognitive or developmental disability, or

both, if any;

(2) whether the person was subjected to outside

pressure, including peer pressure, familial pressure, or

negative influences;

(3) the person's family, home environment, educational

and social background, including any history of parental

neglect, domestic or sexual violence, sexual exploitation,

physical abuse, or other childhood trauma including

adverse childhood experiences (or ACEs);

(4) the person's potential for rehabilitation or

evidence of rehabilitation, or both;

(5) the circumstances of the offense;

(6) the person's degree of participation and specific

role in the offense, including the level of planning by

the defendant before the offense;

(7) whether the person was able to meaningfully

participate in his or her defense;

(8) the person's prior juvenile or criminal history;

(9) the person's involvement in the child welfare

system;

(10) involvement of the person in the community;

(11) if a comprehensive mental health evaluation of

the person was conducted by a qualified mental health

professional, the outcome of the evaluation; and

(12) 12 any other information the court finds relevant

and reliable, including an expression of remorse, if

appropriate. However, if the person, on advice of counsel

chooses not to make a statement, the court shall not

consider a lack of an expression of remorse as an

aggravating factor.

(b) The trial judge shall specify on the record its

consideration of the factors under subsection (a) of this

Section.

(c) Notwithstanding any other provision of law, if the

court determines by clear and convincing evidence that the

individual against whom the person is convicted of committing

the offense previously committed a crime under Section 10-9,

Section 11-1.20, Section 11-1.30, Section 11-1.40, Section

11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5,

Section 11-6.6, Section 11-9.1, Section 11-14.3, Section

11-14.4 or Section 11-18.1 of the under Criminal Code of 2012

against the person within 3 years before the offense in which

the person was convicted, the court may, in its discretion:

(1) transfer the person to juvenile court for

sentencing under Section 5-710 of the Juvenile Court Act

of 1987;

(2) depart from any mandatory minimum sentence,

maximum sentence, or sentencing enhancement; or

(3) suspend any portion of an otherwise applicable

sentence.

(d) Subsection (c) shall be construed as prioritizing the

successful treatment and rehabilitation of persons under 18

years of age who are sex crime victims who commit acts of

violence against their abusers. It is the General Assembly's

intent that these persons be viewed as victims and provided

treatment and services in the community and in the , juvenile

or family court system.

(e) Except as provided in subsections (f) and (g) (d), the

court may sentence the defendant to any disposition authorized

for the class of the offense of which he or she was found

guilty as described in Article 4.5 of this Code, and may, in

its discretion, decline to impose any otherwise applicable

sentencing enhancement based upon firearm possession,

possession with personal discharge, or possession with

personal discharge that proximately causes great bodily harm,

permanent disability, permanent disfigurement, or death to

another person.

(f) Notwithstanding any other provision of law, if the

defendant is convicted of first degree murder and would

otherwise be subject to sentencing under clause (iii), (iv),

(v), or (vii) of subparagraph (c) of paragraph (1) of

subsection (a) of Section 5-8-1 of this Code based on the

category of persons identified therein, the court shall impose

a sentence of not less than 40 years of imprisonment, except

for persons convicted of first degree murder where subsection

(c) applies. In addition, the court may, in its discretion,

decline to impose the sentencing enhancements based upon the

possession or use of a firearm during the commission of the

offense included in subsection (d) of Section 5-8-1.

(g) (d) Fines and assessments, such as fees or

administrative costs, shall not be ordered or imposed against

a minor subject to this Code or against the minor's parent,

guardian, or legal custodian. For the purposes of this

subsection (g) this amendatory Act of the 103rd General

Assembly, "minor" has the meaning provided in Section 1-3 of

the Juvenile Court Act of 1987 and includes any minor under the

age of 18 transferred to adult court or excluded from juvenile

court jurisdiction under Article V of the Juvenile Court Act

of 1987.

(Source: P.A. 103-191, eff. 1-1-24; 103-379, eff. 7-28-23;

revised 9-14-23.)

(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

Sec. 5-6-3. Conditions of probation and of conditional

discharge.

(a) The conditions of probation and of conditional

discharge shall be that the person:

(1) not violate any criminal statute of any

jurisdiction;

(2) report to or appear in person before such person

or agency as directed by the court. To comply with the

provisions of this paragraph (2), in lieu of requiring the

person on probation or conditional discharge to appear in

person for the required reporting or meetings, the officer

may utilize technology, including cellular and other

electronic communication devices or platforms, that allow

for communication between the supervised person and the

officer in accordance with standards and guidelines

established by the Administrative Office of the Illinois

Courts;

(3) refrain from possessing a firearm or other

dangerous weapon where the offense is a felony or, if a

misdemeanor, the offense involved the intentional or

knowing infliction of bodily harm or threat of bodily

harm;

(4) not leave the State without the consent of the

court or, in circumstances in which the reason for the

absence is of such an emergency nature that prior consent

by the court is not possible, without the prior

notification and approval of the person's probation

officer. Transfer of a person's probation or conditional

discharge supervision to another state is subject to

acceptance by the other state pursuant to the Interstate

Compact for Adult Offender Supervision;

(5) permit the probation officer to visit him at his

home or elsewhere to the extent necessary to discharge his

duties;

(6) perform no less than 30 hours of community service

and not more than 120 hours of community service, if

community service is available in the jurisdiction and is

funded and approved by the county board where the offense

was committed, where the offense was related to or in

furtherance of the criminal activities of an organized

gang and was motivated by the offender's membership in or

allegiance to an organized gang. The community service

shall include, but not be limited to, the cleanup and

repair of any damage caused by a violation of Section

21-1.3 of the Criminal Code of 1961 or the Criminal Code of

2012 and similar damage to property located within the

municipality or county in which the violation occurred.

When possible and reasonable, the community service should

be performed in the offender's neighborhood. For purposes

of this Section, "organized gang" has the meaning ascribed

to it in Section 10 of the Illinois Streetgang Terrorism

Omnibus Prevention Act. The court may give credit toward

the fulfillment of community service hours for

participation in activities and treatment as determined by

court services. Community service shall not interfere with

the school hours, school-related activities, or work

commitments of the minor or the minor's parent, guardian,

or legal custodian;

(7) if he or she is at least 17 years of age and has

been sentenced to probation or conditional discharge for a

misdemeanor or felony in a county of 3,000,000 or more

inhabitants and has not been previously convicted of a

misdemeanor or felony, may be required by the sentencing

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 approved by the court. The

person on probation or conditional discharge must attend a

public institution of education to obtain the educational

or vocational training required by this paragraph (7). The

court shall revoke the probation or conditional discharge

of a person who willfully fails to comply with this

paragraph (7). The person on probation or conditional

discharge shall be required to pay for the cost of the

educational courses or high school equivalency testing if

a fee is charged for those courses or testing. The court

shall resentence the offender whose probation or

conditional discharge has been revoked as provided in

Section 5-6-4. This paragraph (7) does not apply to a

person who has a high school diploma or has successfully

passed high school equivalency testing. This paragraph (7)

does not apply to a person 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;

(8) if convicted of possession of a substance

prohibited by the Cannabis Control Act, the Illinois

Controlled Substances Act, or the Methamphetamine Control

and Community Protection Act after a previous conviction

or disposition of supervision for possession of a

substance prohibited by the Cannabis Control Act or

Illinois Controlled Substances Act or after a sentence of

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 and upon a finding by the court that the

person is addicted, undergo treatment at a substance abuse

program approved by the court;

(8.5) if convicted of a felony sex offense as defined

in the Sex Offender Management Board Act, the person shall

undergo and successfully complete sex offender treatment

by a treatment provider approved by the Board and

conducted in conformance with the standards developed

under the Sex Offender Management Board Act;

(8.6) if convicted of a sex offense as defined in the

Sex Offender Management Board Act, refrain from residing

at the same address or in the same condominium unit or

apartment unit or in the same condominium complex or

apartment complex with another person he or she knows or

reasonably should know is a convicted sex offender or has

been placed on supervision for a sex offense; the

provisions of this paragraph do not apply to a person

convicted of a sex offense who is placed in a Department of

Corrections licensed transitional housing facility for sex

offenders;

(8.7) if convicted for an offense committed on or

after June 1, 2008 (the effective date of Public Act

95-464) that would qualify the accused as a child sex

offender as defined in Section 11-9.3 or 11-9.4 of the

Criminal Code of 1961 or the Criminal Code of 2012,

refrain from communicating with or contacting, by means of

the Internet, a person who is not related to the accused

and whom the accused reasonably believes to be under 18

years of age; for purposes of this paragraph (8.7),

"Internet" has the meaning ascribed to it in Section

16-0.1 of the Criminal Code of 2012; and a person is not

related to the accused if the person is not: (i) the

spouse, brother, or sister of the accused; (ii) a

descendant of the accused; (iii) a first or second cousin

of the accused; or (iv) a step-child or adopted child of

the accused;

(8.8) if convicted for an offense under Section 11-6,

11-9.1, 11-14.4 that involves soliciting for a juvenile

prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

of the Criminal Code of 1961 or the Criminal Code of 2012,

or any attempt to commit any of these offenses, committed

on or after June 1, 2009 (the effective date of Public Act

95-983):

(i) not access or use a computer or any other

device with Internet capability without the prior

written approval of the offender's probation officer,

except in connection with the offender's employment or

search for employment with the prior approval of the

offender's probation officer;

(ii) submit to periodic unannounced examinations

of the offender's computer or any other device with

Internet capability by the offender's probation

officer, a law enforcement officer, or assigned

computer or information technology specialist,

including the retrieval and copying of all data from

the computer or device and any internal or external

peripherals and removal of such information,

equipment, or device to conduct a more thorough

inspection;

(iii) submit to the installation on the offender's

computer or device with Internet capability, at the

offender's expense, of one or more hardware or

software systems to monitor the Internet use; and

(iv) submit to any other appropriate restrictions

concerning the offender's use of or access to a

computer or any other device with Internet capability

imposed by the offender's probation officer;

(8.9) if convicted of a sex offense as defined in the

Sex Offender Registration Act committed on or after

January 1, 2010 (the effective date of Public Act 96-262),

refrain from accessing or using a social networking

website as defined in Section 17-0.5 of the Criminal Code

of 2012;

(9) if convicted of a felony or of any misdemeanor

violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

12-3.5 of the Criminal Code of 1961 or the Criminal Code of

2012 that was determined, pursuant to Section 112A-11.1 of

the Code of Criminal Procedure of 1963, to trigger the

prohibitions of 18 U.S.C. 922(g)(9), physically surrender

at a time and place designated by the court, his or her

Firearm Owner's Identification Card and any and all

firearms in his or her possession. The Court shall return

to the Illinois State Police Firearm Owner's

Identification Card Office the person's Firearm Owner's

Identification Card;

(10) if convicted of a sex offense as defined in

subsection (a-5) of Section 3-1-2 of this Code, unless the

offender is a parent or guardian of the person under 18

years of age present in the home and no non-familial

minors are present, not participate in a holiday event

involving children under 18 years of age, such as

distributing candy or other items to children on

Halloween, wearing a Santa Claus costume on or preceding

Christmas, being employed as a department store Santa

Claus, or wearing an Easter Bunny costume on or preceding

Easter;

(11) if convicted of a sex offense as defined in

Section 2 of the Sex Offender Registration Act committed

on or after January 1, 2010 (the effective date of Public

Act 96-362) that requires the person to register as a sex

offender under that Act, may not knowingly use any

computer scrub software on any computer that the sex

offender uses;

(12) if convicted of a violation of the

Methamphetamine Control and Community Protection Act, the

Methamphetamine Precursor Control Act, or a

methamphetamine related offense:

(A) prohibited from purchasing, possessing, or

having under his or her control any product containing

pseudoephedrine unless prescribed by a physician; and

(B) prohibited from purchasing, possessing, or

having under his or her control any product containing

ammonium nitrate; and

(13) if convicted of a hate crime involving the

protected class identified in subsection (a) of Section

12-7.1 of the Criminal Code of 2012 that gave rise to the

offense the offender committed, perform public or

community service of no less than 200 hours and enroll in

an educational program discouraging hate crimes that

includes racial, ethnic, and cultural sensitivity training

ordered by the court.

(b) The Court may in addition to other reasonable

conditions relating to the nature of the offense or the

rehabilitation of the defendant as determined for each

defendant in the proper discretion of the Court require that

the person:

(1) serve a term of periodic imprisonment under

Article 7 for a period not to exceed that specified in

paragraph (d) of Section 5-7-1;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical, psychological or psychiatric

treatment; or treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his dependents;

(7) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) provide nonfinancial contributions to his own

support at home or in a foster home;

(v) with the consent of the superintendent of the

facility, attend an educational program at a facility

other than the school in which the offense was

committed if he or she is convicted of a crime of

violence as defined in Section 2 of the Crime Victims

Compensation Act committed in a school, on the real

property comprising a school, or within 1,000 feet of

the real property comprising a school;

(8) make restitution as provided in Section 5-5-6 of

this Code;

(9) perform some reasonable public or community

service;

(10) serve a term of home confinement. In addition to

any other applicable condition of probation or conditional

discharge, the conditions of home confinement shall be

that the offender:

(i) remain within the interior premises of the

place designated for his confinement during the hours

designated by the court;

(ii) admit any person or agent designated by the

court into the offender's place of confinement at any

time for purposes of verifying the offender's

compliance with the conditions of his confinement; and

(iii) if further deemed necessary by the court or

the probation or court services department Probation

or Court Services Department, be placed on an approved

electronic monitoring device, subject to Article 8A of

Chapter V;

(iv) for persons convicted of any alcohol,

cannabis or controlled substance violation who are

placed on an approved monitoring device as a condition

of probation or conditional discharge, the court shall

impose a reasonable fee for each day of the use of the

device, as established by the county board in

subsection (g) of this Section, unless after

determining the inability of the offender to pay the

fee, the court assesses a lesser fee or no fee as the

case may be. This fee shall be imposed in addition to

the fees imposed under subsections (g) and (i) of this

Section. The fee shall be collected by the clerk of the

circuit court, except as provided in an administrative

order of the Chief Judge of the circuit court. The

clerk of the circuit court shall pay all monies

collected from this fee to the county treasurer for

deposit in the substance abuse services fund under

Section 5-1086.1 of the Counties Code, except as

provided in an administrative order of the Chief Judge

of the circuit court.

The Chief Judge of the circuit court of the county

may by administrative order establish a program for

electronic monitoring of offenders, in which a vendor

supplies and monitors the operation of the electronic

monitoring device, and collects the fees on behalf of

the county. The program shall include provisions for

indigent offenders and the collection of unpaid fees.

The program shall not unduly burden the offender and

shall be subject to review by the Chief Judge.

The Chief Judge of the circuit court may suspend

any additional charges or fees for late payment,

interest, or damage to any device; and

(v) for persons convicted of offenses other than

those referenced in clause (iv) above and who are

placed on an approved monitoring device as a condition

of probation or conditional discharge, the court shall

impose a reasonable fee for each day of the use of the

device, as established by the county board in

subsection (g) of this Section, unless after

determining the inability of the defendant to pay the

fee, the court assesses a lesser fee or no fee as the

case may be. This fee shall be imposed in addition to

the fees imposed under subsections (g) and (i) of this

Section. The fee shall be collected by the clerk of the

circuit court, except as provided in an administrative

order of the Chief Judge of the circuit court. The

clerk of the circuit court shall pay all monies

collected from this fee to the county treasurer who

shall use the monies collected to defray the costs of

corrections. The county treasurer shall deposit the

fee collected in the probation and court services

fund. The Chief Judge of the circuit court of the

county may by administrative order establish a program

for electronic monitoring of offenders, in which a

vendor supplies and monitors the operation of the

electronic monitoring device, and collects the fees on

behalf of the county. The program shall include

provisions for indigent offenders and the collection

of unpaid fees. The program shall not unduly burden

the offender and shall be subject to review by the

Chief Judge.

The Chief Judge of the circuit court may suspend

any additional charges or fees for late payment,

interest, or damage to any device.

(11) comply with the terms and conditions of an order

of protection issued by the court pursuant to the Illinois

Domestic Violence Act of 1986, as now or hereafter

amended, or an order of protection issued by the court of

another state, tribe, or United States territory. A copy

of the order of protection shall be transmitted to the

probation officer or agency having responsibility for the

case;

(12) reimburse any "local anti-crime program" as

defined in Section 7 of the Anti-Crime Advisory Council

Act for any reasonable expenses incurred by the program on

the offender's case, not to exceed the maximum amount of

the fine authorized for the offense for which the

defendant was sentenced;

(13) contribute a reasonable sum of money, not to

exceed the maximum amount of the fine authorized for the

offense for which the defendant was sentenced, (i) to a

"local anti-crime program", as defined in Section 7 of the

Anti-Crime Advisory Council Act, or (ii) for offenses

under the jurisdiction of the Department of Natural

Resources, to the fund established by the Department of

Natural Resources for the purchase of evidence for

investigation purposes and to conduct investigations as

outlined in Section 805-105 of the Department of Natural

Resources (Conservation) Law;

(14) refrain from entering into a designated

geographic area except upon such terms as the court finds

appropriate. Such terms may include consideration of the

purpose of the entry, the time of day, other persons

accompanying the defendant, and advance approval by a

probation officer, if the defendant has been placed on

probation or advance approval by the court, if the

defendant was placed on conditional discharge;

(15) refrain from having any contact, directly or

indirectly, with certain specified persons or particular

types of persons, including, but not limited to, members

of street gangs and drug users or dealers;

(16) refrain from having in his or her body the

presence of any illicit drug prohibited by the Illinois

Controlled Substances Act or the Methamphetamine Control

and Community Protection Act, unless prescribed by a

physician, and submit samples of his or her blood or urine

or both for tests to determine the presence of any illicit

drug;

(17) if convicted for an offense committed on or after

June 1, 2008 (the effective date of Public Act 95-464)

that would qualify the accused as a child sex offender as

defined in Section 11-9.3 or 11-9.4 of the Criminal Code

of 1961 or the Criminal Code of 2012, refrain from

communicating with or contacting, by means of the

Internet, a person who is related to the accused and whom

the accused reasonably believes to be under 18 years of

age; for purposes of this paragraph (17), "Internet" has

the meaning ascribed to it in Section 16-0.1 of the

Criminal Code of 2012; and a person is related to the

accused if the person is: (i) the spouse, brother, or

sister of the accused; (ii) a descendant of the accused;

(iii) a first or second cousin of the accused; or (iv) a

step-child or adopted child of the accused;

(18) if convicted for an offense committed on or after

June 1, 2009 (the effective date of Public Act 95-983)

that would qualify as a sex offense as defined in the Sex

Offender Registration Act:

(i) not access or use a computer or any other

device with Internet capability without the prior

written approval of the offender's probation officer,

except in connection with the offender's employment or

search for employment with the prior approval of the

offender's probation officer;

(ii) submit to periodic unannounced examinations

of the offender's computer or any other device with

Internet capability by the offender's probation

officer, a law enforcement officer, or assigned

computer or information technology specialist,

including the retrieval and copying of all data from

the computer or device and any internal or external

peripherals and removal of such information,

equipment, or device to conduct a more thorough

inspection;

(iii) submit to the installation on the offender's

computer or device with Internet capability, at the

subject's expense, of one or more hardware or software

systems to monitor the Internet use; and

(iv) submit to any other appropriate restrictions

concerning the offender's use of or access to a

computer or any other device with Internet capability

imposed by the offender's probation officer; and

(19) refrain from possessing a firearm or other

dangerous weapon where the offense is a misdemeanor that

did not involve the intentional or knowing infliction of

bodily harm or threat of bodily harm.

(c) The court may as a condition of probation or of

conditional discharge require that a person under 18 years of

age found guilty of any alcohol, cannabis or controlled

substance violation, refrain from acquiring a driver's license

during the period of probation or conditional discharge. If

such person is in possession of a permit or license, the court

may require that the minor refrain from driving or operating

any motor vehicle during the period of probation or

conditional discharge, except as may be necessary in the

course of the minor's lawful employment.

(d) An offender sentenced to probation or to conditional

discharge shall be given a certificate setting forth the

conditions thereof.

(e) Except where the offender has committed a fourth or

subsequent violation of subsection (c) of Section 6-303 of the

Illinois Vehicle Code, the court shall not require as a

condition of the sentence of probation or conditional

discharge that the offender be committed to a period of

imprisonment in excess of 6 months. This 6-month limit shall

not include periods of confinement given pursuant to a

sentence of county impact incarceration under Section 5-8-1.2.

Persons committed to imprisonment as a condition of

probation or conditional discharge shall not be committed to

the Department of Corrections.

(f) The court may combine a sentence of periodic

imprisonment under Article 7 or a sentence to a county impact

incarceration program under Article 8 with a sentence of

probation or conditional discharge.

(g) An offender sentenced to probation or to conditional

discharge and who during the term of either undergoes

mandatory drug or alcohol testing, or both, or is assigned to

be placed on an approved electronic monitoring device, shall

be ordered to pay all costs incidental to such mandatory drug

or alcohol testing, or both, and all costs incidental to such

approved electronic monitoring in accordance with the

defendant's ability to pay those costs. The county board with

the concurrence of the Chief Judge of the judicial circuit in

which the county is located shall establish reasonable fees

for the cost of maintenance, testing, and incidental expenses

related to the mandatory drug or alcohol testing, or both, and

all costs incidental to approved electronic monitoring,

involved in a successful probation program for the county. The

concurrence of the Chief Judge shall be in the form of an

administrative order. The fees shall be collected by the clerk

of the circuit court, except as provided in an administrative

order of the Chief Judge of the circuit court. The clerk of the

circuit court shall pay all moneys collected from these fees

to the county treasurer who shall use the moneys collected to

defray the costs of drug testing, alcohol testing, and

electronic monitoring. The county treasurer shall deposit the

fees collected in the county working cash fund under Section

6-27001 or Section 6-29002 of the Counties Code, as the case

may be. The Chief Judge of the circuit court of the county may

by administrative order establish a program for electronic

monitoring of offenders, in which a vendor supplies and

monitors the operation of the electronic monitoring device,

and collects the fees on behalf of the county. The program

shall include provisions for indigent offenders and the

collection of unpaid fees. The program shall not unduly burden

the offender and shall be subject to review by the Chief Judge.

A person shall not be assessed costs or fees for mandatory

testing for drugs, alcohol, or both, if the person is an

indigent person as defined in paragraph (2) of subsection (a)

of Section 5-105 of the Code of Civil Procedure.

The Chief Judge of the circuit court may suspend any

additional charges or fees for late payment, interest, or

damage to any device.

(h) Jurisdiction over an offender may be transferred from

the sentencing court to the court of another circuit with the

concurrence of both courts. Further transfers or retransfers

of jurisdiction are also authorized in the same manner. The

court to which jurisdiction has been transferred shall have

the same powers as the sentencing court. The probation

department within the circuit to which jurisdiction has been

transferred, or which has agreed to provide supervision, may

impose probation fees upon receiving the transferred offender,

as provided in subsection (i). For all transfer cases, as

defined in Section 9b of the Probation and Probation Officers

Act, the probation department from the original sentencing

court shall retain all probation fees collected prior to the

transfer. After the transfer, all probation fees shall be paid

to the probation department within the circuit to which

jurisdiction has been transferred.

(i) The court shall impose upon an offender sentenced to

probation after January 1, 1989 or to conditional discharge

after January 1, 1992 or to community service under the

supervision of a probation or court services department after

January 1, 2004, as a condition of such probation or

conditional discharge or supervised community service, a fee

of $50 for each month of probation or conditional discharge

supervision or supervised community service ordered by the

court, unless after determining the inability of the person

sentenced to probation or conditional discharge or supervised

community service to pay the fee, the court assesses a lesser

fee. The court may not impose the fee on a minor who is placed

in the guardianship or custody of the Department of Children

and Family Services under the Juvenile Court Act of 1987 while

the minor is in placement. The fee shall be imposed only upon

an offender who is actively supervised by the probation and

court services department. The fee shall be collected by the

clerk of the circuit court. The clerk of the circuit court

shall pay all monies collected from this fee to the county

treasurer for deposit in the probation and court services fund

under Section 15.1 of the Probation and Probation Officers

Act.

A circuit court may not impose a probation fee under this

subsection (i) in excess of $25 per month unless the circuit

court has adopted, by administrative order issued by the Chief

Judge chief judge, a standard probation fee guide determining

an offender's ability to pay. Of the amount collected as a

probation fee, up to $5 of that fee collected per month may be

used to provide services to crime victims and their families.

The Court may only waive probation fees based on an

offender's ability to pay. The probation department may

re-evaluate an offender's ability to pay every 6 months, and,

with the approval of the Director of Court Services or the

Chief Probation Officer, adjust the monthly fee amount. An

offender may elect to pay probation fees due in a lump sum. Any

offender that has been assigned to the supervision of a

probation department, or has been transferred either under

subsection (h) of this Section or under any interstate

compact, shall be required to pay probation fees to the

department supervising the offender, based on the offender's

ability to pay.

Public Act 93-970 deletes the $10 increase in the fee

under this subsection that was imposed by Public Act 93-616.

This deletion is intended to control over any other Act of the

93rd General Assembly that retains or incorporates that fee

increase.

(i-5) In addition to the fees imposed under subsection (i)

of this Section, in the case of an offender convicted of a

felony sex offense (as defined in the Sex Offender Management

Board Act) or an offense that the court or probation

department has determined to be sexually motivated (as defined

in the Sex Offender Management Board Act), the court or the

probation department shall assess additional fees to pay for

all costs of treatment, assessment, evaluation for risk and

treatment, and monitoring the offender, based on that

offender's ability to pay those costs either as they occur or

under a payment plan.

(j) All fines and costs 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.

(k) Any offender who is sentenced to probation or

conditional discharge for a felony sex offense as defined in

the Sex Offender Management Board Act or any offense that the

court or probation department has determined to be sexually

motivated as defined in the Sex Offender Management Board Act

shall be required to refrain from any contact, directly or

indirectly, with any persons specified by the court and shall

be available for all evaluations and treatment programs

required by the court or the probation department.

(l) The court may order an offender who is sentenced to

probation or conditional discharge for a violation of an order

of protection be placed under electronic surveillance as

provided in Section 5-8A-7 of this Code.

(m) Except for restitution, and assessments issued for

adjudications under Section 5-125 of the Juvenile Court Act of

1987, fines and assessments, such as fees or administrative

costs, authorized under this Section shall not be ordered or

imposed on a minor subject to Article III, IV, or V of the

Juvenile Court Act of 1987, or a minor under the age of 18

transferred to adult court or excluded from juvenile court

jurisdiction under Article V of the Juvenile Court Act of

1987, or the minor's parent, guardian, or legal custodian.

(n) (m) A person on probation, conditional discharge, or

supervision shall not be ordered to refrain from having

cannabis or alcohol in his or her body unless:

(1) the person is under 21 years old;

(2) the person was sentenced to probation, conditional

discharge, or supervision for an offense which had as an

element of the offense the presence of an intoxicating

compound in the person's body;

(3) the person is participating in a problem-solving

court certified by the Illinois Supreme Court;

(4) the person has undergone a validated clinical

assessment and the clinical treatment plan includes

alcohol or cannabis testing; or

(5) a court ordered evaluation recommends that the

person refrain from using alcohol or cannabis, provided

the evaluation is a validated clinical assessment and the

recommendation originates from a clinical treatment plan.

If the court has made findings that alcohol use was a

contributing factor in the commission of the underlying

offense, the court may order a person on probation,

conditional discharge, or supervision to refrain from having

alcohol in his or her body during the time between sentencing

and the completion of a validated clinical assessment,

provided that such order shall not exceed 30 days and shall be

terminated if the clinical treatment plan does not recommend

abstinence or testing, or both.

In this subsection (n) (m), "validated clinical

assessment" and "clinical treatment plan" have the meanings

ascribed to them in Section 10 of the Drug Court Treatment Act.

In any instance in which the court orders testing for

cannabis or alcohol, the court shall state the reasonable

relation the condition has to the person's crime for which the

person was placed on probation, conditional discharge, or

supervision.

(o) (n) A person on probation, conditional discharge, or

supervision shall not be ordered to refrain from use or

consumption of any substance lawfully prescribed by a medical

provider or authorized by the Compassionate Use of Medical

Cannabis Program Act, except where use is prohibited in

paragraph (3) or (4) of subsection (n) (m).

(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;

103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff.

1-1-24; revised 12-15-23.)

(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) (Blank).

(c-1) A criminal laboratory analysis assessment, or

equivalent fine or assessment, such as fees or administrative

costs, shall not be ordered or imposed on a minor subject to

Article III, IV, or V of the Juvenile Court Act of 1987, or a

minor under the age of 18 transferred to adult court or

excluded from juvenile court jurisdiction under Article V of

the Juvenile Court Act of 1987, or the minor's parent,

guardian, or legal custodian.

(d) Notwithstanding subsection (c-1) of this Section, all

funds 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.

(f) Funds 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 funds 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 funds shall be forwarded to the State Crime Laboratory

Fund.

(g) Moneys deposited into a crime laboratory fund created

pursuant to paragraph (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. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;

102-813, eff. 5-13-22; 103-363, eff. 7-28-23; 103-379, eff.

7-28-23; revised 9-14-23.)

(730 ILCS 5/5-9-1.9)

Sec. 5-9-1.9. DUI analysis.

(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) (Blank).

(c-1) A criminal laboratory DUI analysis assessment, or

equivalent fine or assessment, such as fees or administrative

costs, shall not be ordered or imposed on a minor subject to

Article III, IV, or V of the Juvenile Court Act of 1987, or a

minor under the age of 18 transferred to adult court or

excluded from juvenile court jurisdiction under Article V of

the Juvenile Court Act of 1987, or the minor's parent,

guardian, or legal custodian.

(d) Notwithstanding subsection (c-1), all funds 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) Notwithstanding subsection (c-1), all funds 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 funds 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 funds 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) (Blank).

(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21;

102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff.

7-28-23; 103-379, eff. 7-28-23; revised 9-14-23.)

Section 570. The Arsonist Registration Act is amended by

changing Section 35 as follows:

(730 ILCS 148/35)

Sec. 35. Duty to report change of address, school, name,

or employment. Any person who is required to register under

this Act shall report in person to the appropriate law

enforcement agency with whom he or she last registered within

one year from the date of last registration and every year

thereafter. If any person required to register under this Act

changes his or her residence address, place of employment, or

school, he or she shall, in writing, within 10 days inform the

law enforcement agency with whom he or she last registered of

his or her new address, change in employment, or school and

register with the appropriate law enforcement agency within

the time period specified in Section 10. Any person who is

required to register under this Act and is granted a legal name

change pursuant to subsection (b) of Section 21-101 of the

Code of Civil Procedure shall, in writing, within 10 days

inform the law enforcement agency with whom the person they

last registered of the their name change. The law enforcement

agency shall, within 3 days of receipt, notify the Illinois

State Police and the law enforcement agency having

jurisdiction of the new place of residence, change in

employment, or school. If any person required to register

under this Act establishes a residence or employment outside

of the State of Illinois, within 10 days after establishing

that residence or employment, he or she shall, in writing,

inform the law enforcement agency with which he or she last

registered of his or her out-of-state residence or employment.

The law enforcement agency with which such person last

registered shall, within 3 days' days notice of an address or

employment change, notify the Illinois State Police. The

Illinois State Police shall forward such information to the

out-of-state law enforcement agency having jurisdiction in the

form and manner prescribed by the Illinois State Police.

(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;

revised 12-15-23.)

Section 575. The Sex Offender Registration Act is amended

by changing Section 6 as follows:

(730 ILCS 150/6)

Sec. 6. Duty to report; change of address, school, name,

or employment; duty to inform. A person who has been

adjudicated to be sexually dangerous or is a sexually violent

person and is later released, or found to be no longer sexually

dangerous or no longer a sexually violent person and

discharged, or convicted of a violation of this Act after July

1, 2005, shall report in person to the law enforcement agency

with whom he or she last registered no later than 90 days after

the date of his or her last registration and every 90 days

thereafter and at such other times at the request of the law

enforcement agency not to exceed 4 times a year. Such sexually

dangerous or sexually violent person must report all new or

changed e-mail addresses, all new or changed instant messaging

identities, all new or changed chat room identities, and all

other new or changed Internet communications identities that

the sexually dangerous or sexually violent person uses or

plans to use, all new or changed Uniform Resource Locators

(URLs) registered or used by the sexually dangerous or

sexually violent person, and all new or changed blogs and

other Internet sites maintained by the sexually dangerous or

sexually violent person or to which the sexually dangerous or

sexually violent person has uploaded any content or posted any

messages or information. Any person who lacks a fixed

residence must report weekly, in person, to the appropriate

law enforcement agency where the sex offender is located. Any

other person who is required to register under this Article

shall report in person to the appropriate law enforcement

agency with whom he or she last registered within one year from

the date of last registration and every year thereafter and at

such other times at the request of the law enforcement agency

not to exceed 4 times a year. If any person required to

register under this Article lacks a fixed residence or

temporary domicile, he or she must notify, in person, the

agency of jurisdiction of his or her last known address within

3 days after ceasing to have a fixed residence and if the

offender leaves the last jurisdiction of residence, he or she,

must within 3 days after leaving register in person with the

new agency of jurisdiction. If any other person required to

register under this Article changes his or her residence

address, place of employment, telephone number, cellular

telephone number, or school, he or she shall report in person,

to the law enforcement agency with whom he or she last

registered, his or her new address, change in employment,

telephone number, cellular telephone number, or school, all

new or changed e-mail addresses, all new or changed instant

messaging identities, all new or changed chat room identities,

and all other new or changed Internet communications

identities that the sex offender uses or plans to use, all new

or changed Uniform Resource Locators (URLs) registered or used

by the sex offender, and all new or changed blogs and other

Internet sites maintained by the sex offender or to which the

sex offender has uploaded any content or posted any messages

or information, and register, in person, with the appropriate

law enforcement agency within the time period specified in

Section 3. If any person required to register under this

Article is granted a legal name change pursuant to subsection

(b) of Section 21-101 of the Code of Civil Procedure, the

person they shall report, in person, within 3 days of the their

legal name change, to the law enforcement agency with whom the

person they last registered. If the sex offender is a child sex

offender as defined in Section 11-9.3 or 11-9.4 of the

Criminal Code of 1961 or the Criminal Code of 2012, the sex

offender shall within 3 days after beginning to reside in a

household with a child under 18 years of age who is not his or

her own child, provided that his or her own child is not the

victim of the sex offense, report that information to the

registering law enforcement agency. The law enforcement agency

shall, within 3 days of the reporting in person by the person

required to register under this Article, notify the Illinois

State Police of the new place of residence, change in

employment, telephone number, cellular telephone number, or

school.

If any person required to register under this Article

intends to establish a residence or employment outside of the

State of Illinois, at least 10 days before establishing that

residence or employment, he or she shall report in person to

the law enforcement agency with which he or she last

registered of his or her out-of-state intended residence or

employment. The law enforcement agency with which such person

last registered shall, within 3 days after the reporting in

person of the person required to register under this Article

of an address or employment change, notify the Illinois State

Police. The Illinois State Police shall forward such

information to the out-of-state law enforcement agency having

jurisdiction in the form and manner prescribed by the Illinois

State Police.

(Source: P.A. P.A. 102-538, eff. 8-20-21; 102-1133, eff.

1-1-24; revised 12-15-23.)

Section 580. The Murderer and Violent Offender Against

Youth Registration Act is amended by changing Section 30 as

follows:

(730 ILCS 154/30)

Sec. 30. Duty to report; change of address, school, name,

or employment; duty to inform. Any violent offender against

youth who is required to register under this Act shall report

in person to the appropriate law enforcement agency with whom

he or she last registered within one year from the date of last

registration and every year thereafter and at such other times

at the request of the law enforcement agency not to exceed 4

times a year. If any person required to register under this Act

lacks a fixed residence or temporary domicile, he or she must

notify, in person, the agency of jurisdiction of his or her

last known address within 5 days after ceasing to have a fixed

residence and if the offender leaves the last jurisdiction of

residence, he or she must, within 48 hours after leaving,

register in person with the new agency of jurisdiction. If any

other person required to register under this Act changes his

or her residence address, place of employment, or school, he

or she shall report in person to the law enforcement agency

with whom he or she last registered of his or her new address,

change in employment, or school and register, in person, with

the appropriate law enforcement agency within the time period

specified in Section 10. The law enforcement agency shall,

within 3 days of the reporting in person by the person required

to register under this Act, notify the Illinois State Police

of the new place of residence, change in employment, or

school. If any person required to register under this Act is

granted a legal name change pursuant to subsection (b) of

Section 21-101 of the Code of Civil Procedure, the person they

shall report, in person, within 5 days of receiving the their

legal name change order, the their legal name change to the law

enforcement agency with whom the person they last registered.

If any person required to register under this Act intends

to establish a residence or employment outside of the State of

Illinois, at least 10 days before establishing that residence

or employment, he or she shall report in person to the law

enforcement agency with which he or she last registered of his

or her out-of-state intended residence or employment. The law

enforcement agency with which such person last registered

shall, within 3 days after the reporting in person of the

person required to register under this Act of an address or

employment change, notify the Illinois State Police. The

Illinois State Police shall forward such information to the

out-of-state law enforcement agency having jurisdiction in the

form and manner prescribed by the Illinois State Police.

(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;

revised 12-15-23.)

Section 585. The End Youth Solitary Confinement Act is

amended by changing Section 10 as follows:

(730 ILCS 215/10)

Sec. 10. Covered juvenile confinement.

(a) In this Act:

"Administrative hold" means the status assigned to a

covered juvenile who is temporarily being housed in a

particular covered juvenile center and includes, but is not

limited to: a covered juvenile awaiting transfer to another

juvenile detention center, a covered juvenile permanently

assigned to another juvenile detention center being

temporarily housed for purposes of attending court, the

covered juvenile awaiting release, and the covered juvenile

who was transferred to the Department of Corrections by

mistake.

"Behavioral hold" means the status assigned to a covered

juvenile who is confined to the covered juvenile's own room or

another area because he or she is engaging in dangerous

behavior that poses a serious and immediate threat to his or

her own safety, the safety of others, or the security of the

juvenile detention center.

"Chief administrative officer" means the highest ranking

official of a juvenile detention center.

"Confinement" means any instance when an individual

covered juvenile is held for 15 minutes or more in a room,

cell, or other area separated from other covered juveniles.

Confinement may occur in locked or unlocked rooms.

"Confinement" includes an administrative hold, behavioral

hold, or investigative status. "Confinement" does not include

medical isolation or quarantine, situations when a covered

juvenile requests to go to his or her room, the movement of the

covered juvenile between offices and classrooms while

attending school, a covered juvenile who receives individual

counseling or other therapeutic services, or staff who are in

ongoing continuous conversation or processing with the covered

juvenile, such as a cool down.

"Covered juvenile" means any person under 21 years of age

incarcerated in a Department of Juvenile Justice facility or

any person under 18 years of age detained in a county facility

under the authority of the local circuit court.

"Investigative status" means a status assigned to a

covered juvenile for whom confinement is necessary for the

efficient and effective investigation of a Tier 2 or Tier 3

offense, as defined in the Department of Juvenile Justice's

Administrative Directive 04.01.140.

"Tier 2" or "Tier 3" offense means a major rules violation

that results in immediate disciplinary consequences that are

assigned by the staff of a facility of the Illinois Department

of Juvenile Justice reporting the violation.

(b) The use of room confinement at a youth facility for

discipline, punishment, retaliation, or any reason other than

as a temporary response to a juvenile's behavior that poses a

serious and immediate risk of physical harm to any individual,

including the juvenile, is prohibited.

(b-5) A covered juvenile may be placed on an

administrative hold and confined when temporarily being housed

in a particular juvenile detention center or for

administrative or security purposes as personally determined

by the chief administrative officer.

(b-6) Placement on administrative hold shall be subject to

the following time limitations:

(1) when the covered juvenile is awaiting transfer to

a youth facility or a more secure setting, the

administrative hold may not exceed 3 business days; and

(2) the administrative hold may not exceed 7 calendar

days when the covered juvenile is temporarily transferred

to a different facility for the purposes of placement

interviews, court appearances, or medical treatment.

(b-7) Whenever a covered juvenile is on an administrative

hold, the Department shall provide the covered juvenile with

access to the same programs and services received by covered

juveniles in the general population. Any restrictions on

movement or access to programs and services shall be

documented and justified by the chief administrative officer.

(c) If a covered juvenile poses a serious and immediate

risk of physical harm to any individual, including the

juvenile, before a staff member of the facility places a

covered juvenile in room confinement, the staff member shall

attempt to use other less restrictive options, unless

attempting those options poses a threat to the safety or

security of any minor or staff.

(d) If a covered juvenile is placed in room confinement

because the covered juvenile poses a serious and immediate

risk of physical harm to himself or herself, or to others, the

covered juvenile shall be released:

(1) immediately when the covered juvenile has

sufficiently gained control so as to no longer engage in

behavior that threatens serious and immediate risk of

physical harm to himself or herself, or to others; or

(2) no more than 24 hours after being placed in room

confinement if a covered juvenile does not sufficiently

gain control as described in paragraph (1) of this

subsection (d) and poses a serious and immediate risk of

physical harm to himself or herself or others, not later

than:

(A) 3 hours after being placed in room

confinement, in the case of a covered juvenile who

poses a serious and immediate risk of physical harm to

others; or

(B) 30 minutes after being placed in room

confinement, in the case of a covered juvenile who

poses a serious and immediate risk of physical harm

only to himself or herself.

(e) If, after the applicable maximum period of confinement

has expired, a covered juvenile continues to pose a serious

and immediate risk of physical harm to others:

(1) the covered juvenile shall be transferred to

another facility, when available, or internal location

where services can be provided to the covered juvenile

without relying on room confinement; or

(2) if a qualified mental health professional believes

the level of crisis service needed is not currently

available, a staff member of the facility shall initiate a

referral to a location that can meet the needs of the

covered juvenile.

(f) Each facility detaining covered juveniles shall report

the use of each incident of room confinement to an independent

ombudsperson for the Department of Juvenile Justice each

month, including:

(1) the name of the covered juvenile;

(2) demographic data, including, at a minimum, age,

race, gender, and primary language;

(3) the reason for room confinement, including how

detention facility officials determined the covered

juvenile posed an immediate risk of physical harm to

others or to the covered juvenile him or herself;

(4) the length of room confinement;

(5) the number of covered juveniles transferred to

another facility or referred referral to a separate crisis

location covered under subsection (e); and

(6) the name of detention facility officials involved

in each instance of room confinement.

(g) An independent ombudsperson for the Department of

Juvenile Justice may review a detention facility's adherence

to this Section.

(Source: P.A. 103-178, eff. 1-1-24; revised 12-19-23.)

Section 590. The Code of Civil Procedure is amended by

changing Sections 21-101, 21-102, 21-102.5, and 21-103 as

follows:

(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)

Sec. 21-101. Proceedings; parties.

(a) If any person who is a resident of this State and has

resided in this State for 6 months desires to change his or her

name and to assume another name by which to be afterwards

called and known, the person may file a petition requesting

that relief in the circuit court of the county wherein he or

she resides.

(b) A person who has been convicted of any offense for

which a person is required to register under the Sex Offender

Registration Act, the Murderer and Violent Offender Against

Youth Registration Act, or the Arsonist Registration Act in

this State or any other state and who has not been pardoned is

not permitted to file a petition for a name change in the

courts of this State during the period that the person is

required to register, unless that person verifies under oath,

as provided under Section 1-109, that the petition for the

name change is due to marriage, religious beliefs, status as a

victim of trafficking or gender-related identity as defined by

the Illinois Human Rights Act. A judge may grant or deny the

request for legal name change filed by such persons. Any such

persons granted a legal name change shall report the change to

the law enforcement agency having jurisdiction of their

current registration pursuant to the Duty to Report

requirements specified in Section 35 of the Arsonist

Registration Act, Section 20 of the Murderer and Violent

Offender Against Youth Registration Act, and Section 6 of the

Sex Offender Registration Act. For the purposes of this

subsection, a person will not face a felony charge if the

person's request for legal name change is denied without proof

of perjury.

(b-1) A person who has been convicted of a felony offense

in this State or any other state and whose sentence has not

been completed, terminated, or discharged is not permitted to

file a petition for a name change in the courts of this State

unless that person is pardoned for the offense.

(c) A petitioner may include his or her spouse and adult

unmarried children, with their consent, and his or her minor

children where it appears to the court that it is for their

best interest, in the petition and relief requested, and the

court's order shall then include the spouse and children.

Whenever any minor has resided in the family of any person for

the space of 3 years and has been recognized and known as an

adopted child in the family of that person, the application

herein provided for may be made by the person having that minor

in his or her family.

An order shall be entered as to a minor only if the court

finds by clear and convincing evidence that the change is

necessary to serve the best interest of the child. In

determining the best interest of a minor child under this

Section, the court shall consider all relevant factors,

including:

(1) The wishes of the child's parents and any person

acting as a parent who has physical custody of the child.

(2) The wishes of the child and the reasons for those

wishes. The court may interview the child in chambers to

ascertain the child's wishes with respect to the change of

name. Counsel shall be present at the interview unless

otherwise agreed upon by the parties. The court shall

cause a court reporter to be present who shall make a

complete record of the interview instantaneously to be

part of the record in the case.

(3) The interaction and interrelationship of the child

with his or her parents or persons acting as parents who

have physical custody of the child, step-parents,

siblings, step-siblings, or any other person who may

significantly affect the child's best interest.

(4) The child's adjustment to his or her home, school,

and community.

(d) If it appears to the court that the conditions and

requirements under this Article have been complied with and

that there is no reason why the relief requested should not be

granted, the court, by an order to be entered of record, may

direct and provide that the name of that person be changed in

accordance with the relief requested in the petition. If the

circuit court orders that a name change be granted to a person

who has been adjudicated or convicted of a felony or

misdemeanor offense under the laws of this State or any other

state for which a pardon has not been granted, or has an arrest

for which a charge has not been filed or a pending charge on a

felony or misdemeanor offense, a copy of the order, including

a copy of each applicable access and review response, shall be

forwarded to the Illinois State Police. The Illinois State

Police shall update any criminal history transcript or

offender registration of each person 18 years of age or older

in the order to include the change of name as well as his or

her former name.

(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;

revised 12-15-23.)

(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)

Sec. 21-102. Petition; update criminal history transcript.

(a) The petition shall be a statewide standardized form

approved by the Illinois Supreme Court and shall set forth the

name then held, the name sought to be assumed, the residence of

the petitioner, the length of time the petitioner has resided

in this State, and the state or country of the petitioner's

nativity or supposed nativity. The petition shall include a

statement, verified under oath as provided under Section 1-109

of this Code, whether or not the petitioner or any other person

18 years of age or older who will be subject to a change of

name under the petition if granted: (1) has been adjudicated

or convicted of a felony or misdemeanor offense under the laws

of this State or any other state for which a pardon has not

been granted; or (2) has an arrest for which a charge has not

been filed or a pending charge on a felony or misdemeanor

offense. The petition shall be signed by the person

petitioning or, in case of minors, by the parent or guardian

having the legal custody of the minor.

(b) If the statement provided under subsection (a) of this

Section indicates the petitioner or any other person 18 years

of age or older who will be subject to a change of name under

the petition, if granted, has been adjudicated or convicted of

a felony or misdemeanor offense under the laws of this State or

any other state for which a pardon has not been granted, or has

an arrest for which a charge has not been filed or a pending

charge on a felony or misdemeanor offense, the State's

Attorney may request the court to or the court may on its own

motion, require the person, prior to a hearing on the

petition, to initiate an update of his or her criminal history

transcript with the Illinois State Police. The Illinois State

Police Department shall allow a person to use the Access and

Review process, established by rule in the Illinois State

Police Department, for this purpose. Upon completion of the

update of the criminal history transcript, the petitioner

shall file confirmation of each update with the court, which

shall seal the records from disclosure outside of court

proceedings on the petition.

(c) Any petition filed under subsection (a) shall include

the following: "WARNING: If you are required to register under

the Sex Offender Registration Act, the Murderer and Violent

Offender Against Youth Registration Act, or the Arsonist

Registration Act in this State or a similar law in any other

state and have not been pardoned, you will be committing a

felony under those respective Acts by seeking a change of name

during the registration period UNLESS your request for legal

name change is due to marriage, religious beliefs, status as a

victim of trafficking or gender related identity as defined by

the Illinois Human Rights Act.".

(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;

revised 12-15-23.)

(735 ILCS 5/21-102.5)

Sec. 21-102.5. Notice; objection.

(a) The circuit court clerk shall promptly serve a copy of

the petition on the State's Attorney and the Illinois State

Police if the statement provided under subsection (a) of

Section 21-102 indicates that the petitioner, or any other

person 18 years of age or older who will be subject to a change

of name under the petition, has been adjudicated or convicted

of a felony or misdemeanor offense under the laws of this State

or any other state for which a pardon has not been granted, or

has an arrest for which a charge has not been filed or a

pending charge on a felony or misdemeanor offense.

(b) The State's Attorney may file an objection to the

petition. All objections shall be in writing, shall be filed

with the circuit court clerk, shall be served upon the

petitioner, and shall state with specificity the basis of the

objection. Objections to a petition must be filed within 30

days of the date of service of the petition upon the State's

Attorney if the petitioner:

(1) is the defendant in a pending criminal offense

charge; or

(2) has been convicted of identity theft, aggravated

identity theft, felony or misdemeanor criminal sexual

abuse when the victim of the offense at the time of its

commission is under 18 years of age, felony or misdemeanor

sexual exploitation of a child, felony or misdemeanor

indecent solicitation of a child, or felony or misdemeanor

indecent solicitation of an adult, and has not been

pardoned for the conviction.

(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;

revised 12-15-23)

(735 ILCS 5/21-103)

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 of 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) 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 statement,

verified under oath as provided under Section 1-109 of this

Code, that the person believes that publishing notice of the

name change would be a hardship, including, but not limited

to, a negative impact on the person's health or safety.

(b-6) In a case where waiver of the notice and publication

requirement is sought, the petition for waiver is presumed

granted and heard at the same hearing as the petition for name

change. The court retains discretion to determine whether a

hardship is shown and may order the petitioner to publish

thereafter.

(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 also 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; 102-813, eff.

5-13-22; 102-1133, eff. 1-1-24; revised 12-15-23.)

Section 595. The Eminent Domain Act is amended by setting

forth, renumbering, and changing multiple versions of Section

25-5-105 as follows:

(735 ILCS 30/25-5-105)

(Section scheduled to be repealed on May 31, 2025)

Sec. 25-5-105. Quick-take; Menard County; Athens Blacktop.

(a) Quick-take proceedings under Article 20 may be used

for a period of one year after May 31, 2025 (the effective date

of Public Act 103-3) this amendatory Act of the 103rd General

Assembly by Menard County for the acquisition of the following

described property for the purpose of reconstructing the

Athens Blacktop corridor.

Route: FAS 574/Athens Blacktop Road

County: Menard

Parcel No.: D-18

P.I.N. No.: 12-28-400-006

Section: 09-00056-05-EG

Station: RT 181+94.77

Station: RT 188+48.97

A part of the Southeast Quarter of Section 28,

Township 18 North, Range 6 West of the Third Principal

Meridian, described as follows:

Commencing at the Northeast corner of the Southeast

Quarter of said Section 28; thence South 89 degrees 42

minutes 06 seconds West along the north line of the

Southeast Quarter of said Section 28, a distance of 669.81

feet to the northeast parcel corner and the point of

beginning; thence South 02 degrees 24 minutes 13 seconds

East along the east parcel line, 80.48 feet; thence South

72 degrees 55 minutes 03 seconds West, 103.39 feet; thence

South 89 degrees 43 minutes 40 seconds West, 150.00 feet;

thence North 86 degrees 08 minutes 49 seconds West, 405.10

feet to the west parcel line; thence North 01 degree 06

minutes 28 seconds West along said line, 80.89 feet to the

north line of the Southeast Quarter of said Section 28;

thence North 89 degrees 42 minutes 06 seconds East along

said line, 651.20 feet to the point of beginning,

containing 0.860 acres, more or less of new right of way

and 0.621 acres, more or less of existing right of way.

Route: FAS 574/Athens Blacktop Road

County: Menard

Parcel No.: D-19

P.I.N. No.: 12-28-400-007

Section: 09-00056-05-EG

Station: RT 188+46.59

Station: RT 191+17.37

A part of the Southeast Quarter of Section 28,

Township 18 North, Range 6 West of the Third Principal

Meridian, described as follows:

Commencing at the Northeast corner of the Southeast

Quarter of said Section 28; thence South 89 degrees 42

minutes 06 seconds West along the north line of the

Southeast Quarter of said Section 28, a distance of 399.89

feet to the northeast parcel corner and the point of

beginning; thence South 01 degree 10 minutes 54 seconds

East along the east parcel line, 92.67 feet; thence South

80 degrees 35 minutes 32 seconds West, 17.59 feet; thence

South 89 degrees 43 minutes 40 seconds West, 75.00 feet;

thence North 00 degrees 16 minutes 20 seconds West, 45.45

feet to the existing southerly right of way line of Athens

Blacktop Road (FAS 574); thence South 89 degrees 42

minutes 25 seconds West along said line, 75.00 feet;

thence South 72 degrees 55 minutes 03 seconds West, 105.54

feet to the west parcel line; thence North 02 degrees 24

minutes 13 seconds West along said line, 80.48 feet to the

north line of the Southeast Quarter of said Section 28;

thence North 89 degrees 42 minutes 06 seconds East along

said line, 269.92 feet to the point of beginning,

containing 0.137 acres, more or less of new right of way

and 0.303 acres, more or less of existing right of way.

(b) This Section is repealed May 31, 2025 (2 years after

the effective date of Public Act 103-3) this amendatory Act of

the 103rd General Assembly.

(Source: P.A. 103-3, eff. 5-31-23; revised 7-27-23.)

(735 ILCS 30/25-5-107)

(Section scheduled to be repealed on June 9, 2026)

Sec. 25-5-107 25-5-105. Quick-take; Will County; Cedar

Road; Francis Road.

(a) Quick-take proceedings under Article 20 may be used

for a period of 2 years after June 9, 2023 (the effective date

of Public Act 103-10) this amendatory Act of the 103rd General

Assembly by Will County for the acquisition of the following

described property for the purpose of road construction:

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0001

Station: 109+23.08 to 110+04.95

Index No.: 15-08-09-406-002

THAT PART OF LOT 1 IN WILMSEN'S SUBDIVISION OF LOTS 1 AND 8 OF

ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW LENOX, A

SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 9, AND

PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 35

NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 AS

DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF

0.9999586959 DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH

01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF

SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A

LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID

SOUTHEAST QUARTER, 81.87 FEET; THENCE SOUTH 88 DEGREES 29

MINUTES 18 SECONDS WEST, 5.00 FEET; THENCE NORTH 01 DEGREES 30

MINUTES 42 SECONDS WEST ALONG A LINE 5.00 FEET WEST OF AND

PARALLEL WITH SAID WEST LINE OF CEDAR ROAD, 48.67 FEET; THENCE

NORTH 46 DEGREES 55 MINUTES 15 SECONDS WEST, 39.62 FEET TO THE

NORTHERLY LINE OF SAID LOT 1, ALSO BEING THE SOUTHERLY LINE OF

FRANCIS ROAD AS MONUMENTED AND OCCUPIED; THENCE NORTH 79

DEGREES 17 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE

OF FRANCIS ROAD, 33.65 FEET TO THE PLACE OF BEGINNING.

SAID PARCEL CONTAINING 0.020 ACRES, MORE OR LESS.

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0001TE-A

Station: 208+19.76 to 210+13.46

Index No.:15-08-09-406-001

15-08-09-406-002

THAT PART OF LOTS 1 AND 2 IN WILMSEN'S SUBDIVISION OF LOTS 1

AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW

LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF

SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,

TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL

MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948

AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS

AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE

SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED

FACTOR OF 0.9999586959, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH

79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE NORTHERLY LINE

OF SAID LOT 1, ALSO BEING THE SOUTHERLY LINE OF FRANCIS ROAD AS

MONUMENTED AND OCCUPIED, 33.65 FEET FOR THE PLACE OF

BEGINNING; THENCE SOUTH 46 DEGREES 55 MINUTES 15 SECONDS EAST,

6.20 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES 03 SECONDS WEST

ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH SAID

SOUTHERLY LINE OF FRANCIS ROAD, 71.83 FEET; THENCE SOUTH 10

DEGREES 42 MINUTES 57 SECONDS EAST, 10.00 FEET; THENCE SOUTH

79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG A LINE 15.00 FEET

SOUTH OF AND PARALLEL WITH SAID SOUTHERLY LINE OF FRANCIS

ROAD, 33.19 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57

SECONDS WEST, 10.00 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES

03 SECONDS WEST ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL

WITH SAID SOUTHERLY LINE OF FRANCIS ROAD, 88.67 FEET TO THE

WEST LINE OF SAID LOT 2; THENCE NORTH 01 DEGREES 30 MINUTES 42

SECONDS WEST ALONG SAID WEST LINE OF LOT 2, A DISTANCE OF 5.07

FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 79 DEGREES

17 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE OF

FRANCIS ROAD, 189.22 FEET TO THE PLACE OF BEGINNING.

SAID PARCEL CONTAINING 0.030 ACRES, MORE OR LESS.

REVISION DATE: 05-26-2022

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0001TE-B

Station: 107+04.56 to 109+76.68

Index No.: 15-08-09-406-002

15-08-09-406-003

15-08-09-406-004

THAT PART OF LOTS 1, 3 AND 4 IN WILMSEN'S SUBDIVISION OF LOTS 1

AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW

LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF

SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,

TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL

MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948

AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS

AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE

SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED

FACTOR OF 0.9999586959, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH

01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF

SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A

LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE

SOUTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 81.87 FEET

FOR THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES

30 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE OF CEDAR ROAD,

218.52 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 88

DEGREES 55 MINUTES 56 SECONDS WEST ALONG SAID SOUTH LINE,

10.00 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST

ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH SAID WEST

LINE OF CEDAR ROAD, 272.05 FEET; THENCE SOUTH 46 DEGREES 55

MINUTES 15 SECONDS EAST, 7.02 FEET; THENCE SOUTH 01 DEGREES 30

MINUTES 42 SECONDS EAST ALONG A LINE 5.00 FEET WEST OF AND

PARALLEL WITH SAID WEST LINE OF CEDAR ROAD, 48.67 FEET; THENCE

NORTH 88 DEGREES 29 MINUTES 18 SECONDS EAST, 5.00 FEET TO THE

PLACE OF BEGINNING.

SAID PARCEL CONTAINING 0.056 ACRES, MORE OR LESS.

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0002

Station: 110+78.28 to 111+36.28

Index No.: 15-08-09-402-027

THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A

SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST

QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE

THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF

RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL

COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS

STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011

ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED

AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH

79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF

SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF FRANCIS ROAD AS

MONUMENTED AND OCCUPIED, A DISTANCE OF 50.00 FEET; THENCE

NORTH 38 DEGREES 53 MINUTES 10 SECONDS EAST, 76.16 FEET TO THE

EAST LINE OF SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR

ROAD, BEING A LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST

LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH

01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE OF

CEDAR ROAD, 50.00 FEET TO THE PLACE OF BEGINNING.

SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0002TE-A

Station: 209+19.56 to 210+01.42

Index No.: 15-08-09-402-027

THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A

SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST

QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE

THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF

RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL

COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS

STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011

ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED

AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH

79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF

SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF FRANCIS ROAD AS

MONUMENTED AND OCCUPIED, A DISTANCE OF 50.00 FEET FOR THE

PLACE OF BEGINNING; THENCE CONTINUING SOUTH 79 DEGREES 17

MINUTES 03 SECONDS WEST ALONG SAID SOUTH LINE OF LOT 1, A

DISTANCE OF 70.11 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57

SECONDS WEST, 10.00 FEET; THENCE NORTH 79 DEGREES 17 MINUTES

03 SECONDS EAST ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL

WITH SAID SOUTH LINE OF LOT 1, A DISTANCE OF 81.86 FEET; THENCE

SOUTH 38 DEGREES 53 MINUTES 10 SECONDS WEST, 15.43 FEET TO THE

PLACE OF BEGINNING.

SAID PARCEL CONTAINING 0.017 ACRES, MORE OR LESS.

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0002TE-B

Station: 111+24.53 to 111+97.97

Index No.: 15-08-09-402-027

THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A

SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST

QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE

THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF

RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL

COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS

STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011

ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED

AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH

01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE EAST LINE OF

SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A

LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID

SOUTHEAST QUARTER, A DISTANCE OF 50.00 FEET FOR THE PLACE OF

BEGINNING; THENCE SOUTH 38 DEGREES 53 MINUTES 10 SECONDS WEST,

15.43 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST

ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH SAID WEST

LINE OF CEDAR ROAD, A DISTANCE OF 73.44 FEET; THENCE NORTH 88

DEGREES 29 MINUTES 18 SECONDS EAST, 10.00 FEET TO SAID WEST

LINE OF CEDAR ROAD; THENCE SOUTH 01 DEGREES 30 MINUTES 42

SECONDS EAST ALONG SAID WEST LINE OF CEDAR ROAD, A DISTANCE OF

61.69 FEET TO THE PLACE OF BEGINNING.

SAID PARCEL CONTAINING 0.015 ACRES, MORE OR LESS.

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0003

Station: 110+82.35 to 111+62.35

Index No.: 15-08-10-300-040

THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW

LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35

NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF

0.9999586959 DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH

01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF

SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR

ROAD, 80.00 FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36

SECONDS EAST, 82.17 FEET TO THE SOUTH LINE OF SAID LOT 9, BEING

ALSO THE NORTH RIGHT-OF-WAY LINE OF FRANCIS ROAD; THENCE SOUTH

79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH LINE OF

LOT 9, A DISTANCE OF 35.00 FEET TO THE PLACE OF BEGINNING.

SAID PARCEL CONTAINING 0.032 ACRES, MORE OR LESS.

REVISION DATE: 05-26-2022

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0003PE

Station: 111+51.57 to 114+33.66

Index No.: 15-08-10-300-040

THAT PART OF LOTS 8 AND 9, IN ARTHUR T. MCINTOSH AND COMPANY'S

NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP

35 NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF

0.9999586959 DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH

01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF

SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR

ROAD, 80.00 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING

NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG SAID WEST

LINES OF LOT 9 AND LOT 8, A DISTANCE OF 271.27 FEET TO THE

SOUTH LINE OF THE NORTH 100 FEET OF SAID LOT 8; THENCE NORTH 88

DEGREES 19 MINUTES 08 SECONDS EAST ALONG SAID SOUTH LINE,

17.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 42 SECONDS

EAST, 7.00 FEET; THENCE SOUTH 88 DEGREES 19 MINUTES 08 SECONDS

WEST, 12.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 42

SECONDS EAST ALONG A LINE 5.00 FEET EAST OF AND PARALLEL WITH

THE WEST LINE OF SAID LOT 9, A DISTANCE OF 275.06 FEET; THENCE

NORTH 26 DEGREES 23 MINUTES 36 SECONDS WEST, 11.88 FEET TO THE

PLACE OF BEGINNING.

SAID PARCEL CONTAINING 0.034 ACRES, MORE OR LESS.

REVISION DATE: 05-26-2022

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0003TE

Station: 110+87.81 to 114+26.66

Index No.: 15-08-10-300-040

THAT PART OF LOTS 8 AND 9, IN ARTHUR T. MCINTOSH AND COMPANY'S

NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP

35 NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF

0.9999586959 DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH

01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF

SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR

ROAD, 80.00 FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36

SECONDS EAST, 11.88 FEET FOR THE PLACE OF BEGINNING; THENCE

NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG A LINE 5.00

FEET EAST OF AND PARALLEL WITH SAID WEST LINES OF LOT 9 AND LOT

8, A DISTANCE OF 275.06 FEET; THENCE NORTH 88 DEGREES 19

MINUTES 08 SECONDS EAST, 12.00 FEET; THENCE SOUTH 01 DEGREES

30 MINUTES 42 SECONDS EAST ALONG A LINE 17.00 FEET EAST OF AND

PARALLEL WITH THE WEST LINE OF SAID LOT 9, A DISTANCE OF 257.47

FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36 SECONDS EAST,

76.04 FEET; THENCE NORTH 79 DEGREES 30 MINUTES 57 SECONDS EAST

ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH

LINE OF SAID LOT 9, BEING ALSO THE NORTH RIGHT-OF-WAY LINE OF

FRANCIS ROAD, 198.02 FEET; THENCE SOUTH 02 DEGREE 14 MINUTES

14 SECONDS EAST, 10.10 FEET TO SAID SOUTH LINE OF LOT 9; THENCE

SOUTH 79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH

LINE OF LOT 9, A DISTANCE OF 212.75 FEET; THENCE NORTH 26

DEGREES 23 MINUTES 36 SECONDS WEST, 70.28 FEET TO THE PLACE OF

BEGINNING.

SAID PARCEL CONTAINING 0.151 ACRES, MORE OR LESS.

REVISION DATE: 05-26-2022

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0004

Station: 213+68.59 to 214+69.31

Index No.: 15-08-10-300-037

THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH

AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10

AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD

PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED

JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS,

BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE

COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A

COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 9 AND

RUNNING SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 9,

311.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 175 FEET,

THENCE SOUTHWESTERLY ON A LINE PARALLEL WITH THE SOUTHERLY

LINE OF SAID LOT 9, 100 FEET, THENCE SOUTH 175 FEET TO THE

SOUTHERLY LINE OF SAID LOT 9, THENCE NORTHEASTERLY ALONG THE

SOUTHERLY LINE OF SAID LOT 9, 100 FEET TO THE POINT OF

BEGINNING.

SAID PARCEL CONTAINING 0.011 ACRES, MORE OR LESS.

REVISION DATE: 05-26-2022

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0005

Station: 214+68.59 to 215+00.84

Index No.: 15-08-10-300-047

THE SOUTHERLY 5 FEET (MEASURING 31.53 FEET) OF LOT 9 OF THAT

PART OF LOTS 8 AND 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW

LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35

NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF

0.9999586959 DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH

ALONG THE EAST LINE OF SAID LOTS 8 AND 9 TO A POINT 175 FEET

NORTH OF THE SOUTHEAST CORNER OF SAID LOT 9; THENCE

SOUTHWESTERLY 280 FEET PARALLEL WITH THE SOUTHWESTERLY LINE OF

SAID LOT 9; THENCE SOUTH 175 FEET PARALLEL WITH SAID EAST LINE

TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE SOUTHWESTERLY

31.53 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 175 FEET

PARALLEL WITH SAID EAST LINE; THENCE SOUTHWESTERLY 100 FEET

PARALLEL WITH SAID SOUTHERLY LINE; THENCE NORTH PARALLEL WITH

SAID EAST LINE TO A POINT 100 FEET SOUTH OF THE NORTH LINE OF

SAID LOT 8; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A

POINT 175 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE

NORTH 100 FEET PARALLEL WITH SAID WEST LINE TO THE NORTH LINE

OF SAID LOT 8; THENCE EAST ALONG SAID NORTH LINE TO THE POINT

OF BEGINNING, IN WILL COUNTY, ILLINOIS.

SAID PARCEL CONTAINING 0.004 ACRES (158 SQUARE FEET), MORE OR

LESS.

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0005TE

Station: 214+69.31 to 215+02.29

Index No.: 15-08-10-300-047

THE NORTHERLY 10 FEET OF THE SOUTHERLY 15 FEET (MEASURING

31.53 FEET) OF LOT 9 OF THAT PART OF LOTS 8 AND 9 IN ARTHUR T.

MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN

SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE

THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF

RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY,

ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE

PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT)

WITH A COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH

ALONG THE EAST LINE OF SAID LOTS 8 AND 9 TO A POINT 175 FEET

NORTH OF THE SOUTHEAST CORNER OF SAID LOT 9; THENCE

SOUTHWESTERLY 280 FEET PARALLEL WITH THE SOUTHWESTERLY LINE OF

SAID LOT 9; THENCE SOUTH 175 FEET PARALLEL WITH SAID EAST LINE

TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE SOUTHWESTERLY

31.53 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 175 FEET

PARALLEL WITH SAID EAST LINE; THENCE SOUTHWESTERLY 100 FEET

PARALLEL WITH SAID SOUTHERLY LINE; THENCE NORTH PARALLEL WITH

SAID EAST LINE TO A POINT 100 FEET SOUTH OF THE NORTH LINE OF

SAID LOT 8; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A

POINT 175 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE

NORTH 100 FEET PARALLEL WITH SAID WEST LINE TO THE NORTH LINE

OF SAID LOT 8; THENCE EAST ALONG SAID NORTH LINE TO THE POINT

OF BEGINNING, IN WILL COUNTY, ILLINOIS.

SAID PARCEL CONTAINING 0.007 ACRES (315 SQUARE FEET), MORE OR

LESS.

REVISION DATE: 06-30-2022

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0006

Station: 215+80.12 to 216+71.09

Index No.: 15-08-10-300-014

THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH

AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10

AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD

PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED

JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS,

BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE

COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A

COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:

BEGINNING 110 FEET WESTERLY OF THE SOUTHEAST CORNER OF LOT 9 ON

THE SOUTHERLY LINE OF SAID LOT 9; THENCE CONTINUING WESTERLY

ALONG SAID SOUTHERLY LINE 90 FEET; THENCE NORTH 175 FEET TO A

POINT; THENCE EASTERLY ALONG A LINE PARALLEL TO SAID SOUTHERLY

LINE 90 FEET; THENCE SOUTH 175 FEET TO THE POINT OF BEGINNING.

SAID PARCEL CONTAINING 0.010 ACRES (451 SQUARE FEET), MORE OR

LESS.

REVISION DATE: 06-30-2022

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0006TE

Station: 215+80.84 to 216+15.15

Index No.: 15-08-10-300-014

THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW

LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35

NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF

0.9999586959 DESCRIBED AS FOLLOWS:

COMMENCING 200 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID

LOT 9 ON THE SOUTHERLY LINE OF SAID LOT 9, SAID SOUTHERLY LINE

BEARING SOUTH 79 DEGREES 30 MINUTES 57 SECONDS EAST; THENCE

NORTH 02 DEGREES 14 MINUTES 14 SECONDS WEST, 5.05 FEET FOR THE

PLACE OF BEGINNING; THENCE CONTINUING NORTH 02 DEGREES 14

MINUTES 14 SECONDS WEST, 10.10 FEET; THENCE NORTH 79 DEGREES

30 MINUTES 57 SECONDS EAST ALONG A LINE 15.00 FEET NORTH OF AND

PARALLEL WITH SAID SOUTHERLY LINE OF LOT 9, A DISTANCE OF 32.85

FEET; THENCE SOUTH 10 DEGREES 29 MINUTES 03 SECONDS EAST,

10.00 FEET; THENCE SOUTH 79 DEGREES 30 MINUTES 57 SECONDS EAST

ALONG A LINE 5.00 FEET NORTH OF AND PARALLEL WITH SAID

SOUTHERLY LINE OF LOT 9, A DISTANCE OF 34.30 FEET TO THE PLACE

OF BEGINNING.

SAID PARCEL CONTAINING 0.008 ACRES (336 SQUARE FEET), MORE OR

LESS.

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0007

Station: 216+70.37 to 217+81.42

Index No.: 15-08-10-300-038

THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH

AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10

AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD

PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED

JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS,

BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE

COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A

COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF LOT 9; THENCE NORTH

ALONG THE EAST LINE OF SAID LOT 9, A DISTANCE OF 175 FEET;

THENCE WESTERLY 110 FEET ON A LINE PARALLEL WITH THE SOUTH LINE

OF LOT 9 TO A POINT; THENCE SOUTH 175 FEET TO A POINT ON THE

SOUTHERLY LINE OF SAID LOT 9 THAT IS 110 FEET WESTERLY OF THE

SOUTHEAST CORNER OF SAID LOT 9; THENCE EASTERLY 110 FEET TO THE

POINT OF BEGINNING.

SAID PARCEL CONTAINING 0.013 ACRES, MORE OR LESS.

REVISION DATE: 06-30-2022

Route: C.H.64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0008

Station: 217+80.66 to 218+48.30

Index No.: 15-08-10-300-044

THAT PART OF LOT 32 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW

LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35

NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF

0.9999586959 DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32; THENCE NORTH

01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF

SAID LOT 32, A DISTANCE OF 5.06 FEET; THENCE NORTH 79 DEGREES

30 MINUTES 57 SECONDS EAST ALONG A LINE 5.00 FEET NORTH OF AND

PARALLEL WITH THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF

66.85 FEET; THENCE SOUTH 01 DEGREES 34 MINUTES 09 SECONDS

EAST, 5.06 FEET TO THE SOUTH LINE OF SAID LOT 32; THENCE SOUTH

79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH LINE OF

LOT 32, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF FRANCIS

ROAD, 66.85 FEET TO THE PLACE OF BEGINNING.

SAID PARCEL CONTAINING 0.008 ACRES (334 SQUARE FEET), MORE OR

LESS.

REVISION DATE: 05-26-2022

Route: C.H.64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0009

Station: 218+47.52 to 218+96.30

Index No.: 15-08-10-300-022

THE SOUTH 5.00 FEET OF THAT PART OF LOT 32 IN ARTHUR T.

MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN

SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE

THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF

RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY,

ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE

PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT)

WITH A COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:

THE WEST 112.25 FEET, EXCEPT THE NORTH 300 FEET AND EXCEPT THE

WEST 62.25 FEET THEREOF, OF SAID LOT 32.

SAID PARCEL CONTAINING 0.006 ACRES (240 SQUARE FEET), MORE OR

LESS.

REVISION DATE: 05-26-2022

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0010

Station: 123+28.62 to 126+13.30

Index No.: 15-08-10-300-060

THAT PART OF LOTS 1 AND 2 IN ARTHUR T. MCINTOSH'S NEW LENOX

ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION

10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35

NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH

88 DEGREES 19 MINUTES 08 SECONDS EAST ALONG THE NORTH LINE OF

SAID LOT 1, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF LENOX

STREET, A DISTANCE OF 50.00 FEET; THENCE SOUTH 43 DEGREES 24

MINUTES 13 SECONDS WEST, 46.74 FEET; THENCE SOUTH 01 DEGREES

30 MINUTES 42 SECONDS EAST ALONG A LINE 17.00 FEET EAST OF AND

PARALLEL WITH THE WEST LINES OF SAID LOTS 1 AND 2, ALSO BEING

THE EAST RIGHT-OF-WAY LINE OF CEDAR ROAD, A DISTANCE OF 251.69

FEET TO THE SOUTH LINE OF LOT 2; THENCE SOUTH 88 DEGREES 19

MINUTES 08 SECONDS WEST ALONG SAID SOUTH LINE, 17.00 FEET TO

THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 30

MINUTES 42 SECONDS WEST ALONG SAID WEST LINES OF LOTS 1 AND 2,

ALSO BEING SAID RIGHT-OF-WAY LINE, 284.69 FEET TO THE PLACE OF

BEGINNING.

SAID PARCEL CONTAINING 0.124 ACRES, MORE OR LESS.

REVISION DATE: 05-26-2022

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0012

Station: 123+15.53 to 126+46.31

Index No.: 15-08-09-400-002

THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF

SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD

PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959; DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF

SECTION 9; THENCE SOUTH 01 DEGREES 30 MINUTES 42 SECONDS EAST

ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 330.77 FEET TO

THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE

NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88

DEGREES 39 MINUTES 31 SECONDS WEST ALONG SAID SOUTH LINE OF THE

NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE

SOUTHEAST QUARTER, 55.00 FEET; THENCE NORTH 01 DEGREES 30

MINUTES 42 SECONDS WEST ALONG A LINE 55.00 FEET WEST OF AND

PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST QUARTER, 165.39

FEET; THENCE NORTH 88 DEGREES 39 MINUTES 31 SECONDS EAST

PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH

HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 22.00

FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG

A LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF

SAID SOUTHEAST QUARTER, 165.37 FEET TO THE NORTH LINE OF SAID

SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 32

SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,

33.00 FEET TO THE PLACE OF BEGINNING, IN WILL COUNTY,

ILLINOIS.

SAID PARCEL CONTAINING 0.333 ACRES, MORE OR LESS, OF WHICH

0.250 ACRES, MORE OR LESS, WAS PREVIOUSLY USED FOR ROADWAY

PURPOSES.

REVISION DATE: 05-26-2022

REVISION DATE: 06-30-2022

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0012TE

Station: 124+80.92 to 126+46.32

Index No.: 15-08-09-400-002

THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF

SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD

PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959; DESCRIBED AS FOLLOWS:

THE WEST 5.00 FEET OF THE EAST 38.00 FEET OF THE NORTH HALF OF

THE NORTH HALF OF SAID NORTHEAST QUARTER OF THE SOUTHEAST

QUARTER (EXCEPT THE SOUTH 165.39 FEET THEREOF), IN WILL

COUNTY, ILLINOIS.

SAID PARCEL CONTAINING 0.019 ACRES, MORE OR LESS.

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0013TE

Station: 122+32.87 to 123+15.61

Index No.: 15-08-09-400-003

THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF

SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD

PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959; DESCRIBED AS FOLLOWS:

THE WEST 10.00 FEET OF THE EAST 43.00 FEET OF THE NORTH QUARTER

OF THE SOUTH HALF OF THE NORTH HALF OF SAID NORTHEAST QUARTER

OF THE SOUTHEAST QUARTER, IN WILL COUNTY, ILLINOIS.

SAID PARCEL CONTAINING 0.019 ACRES, MORE OR LESS.

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0014TE

Station: 121+69.62 to 123+28.62

Index No.: 15-08-10-300-061

THE WEST 5.00 FEET OF LOT 3 IN ARTHUR T. MCINTOSH'S NEW LENOX

ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION

10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35

NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959.

SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.

REVISION DATE: 05-26-2022

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0015TE

Station: 121+50.19 to 122+32.94

Index No.: 15-08-09-400-004

THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF

SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD

PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959; DESCRIBED AS FOLLOWS:

THE NORTH 31.00 FEET OF THE WEST 25.00 FEET OF THE EAST 58.00

FEET TOGETHER WITH THE WEST 5.00 FEET OF THE EAST 38.00 FEET

(EXCEPT THE NORTH 31.00 FEET THEREOF) OF THE SOUTH HALF OF THE

NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF SAID

NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, IN WILL COUNTY,

ILLINOIS.

SAID PARCEL CONTAINING 0.024 ACRES, MORE OR LESS.

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0016TE

Station: 120+10.63 to 121+69.62

Index No.: 15-08-10-300-058

THE WEST 5.00 FEET OF LOT 4 IN ARTHUR T. MCINTOSH'S NEW LENOX

ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION

10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35

NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959.

SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.

REVISION DATE: 05-26-2022

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0017TE

Station: 118+51.61 to 120+10.61

Index No.: 15-08-10-300-057

15-08-10-300-006

THE WEST 5.00 FEET OF LOT 5 IN ARTHUR T. MCINTOSH'S NEW LENOX

ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION

10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35

NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959.

SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0018TE

Station: 116+92.61 to 118+51.63

Index No.: 15-08-10-300-007

THE WEST 5.00 FEET OF LOT 6 IN ARTHUR T. MCINTOSH'S NEW LENOX

ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION

10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35

NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959

SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0019TE

Station: 118+89.42 to 119+84.84

Index No.: 15-08-09-400-013

THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF

SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD

PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959; DESCRIBED AS FOLLOWS:

THE NORTH 44.00 FEET OF THE WEST 20.00 FEET OF THE EAST 53.00

FEET TOGETHER WITH THE WEST 7.00 FEET OF THE EAST 40.00 FEET

(EXCEPT THE NORTH 44.00 FEET THEREOF) OF THE NORTH HALF OF THE

NORTH HALF OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF THE

SOUTHEAST QUARTER, IN WILL COUNTY, ILLINOIS.

SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0020TE

Station: 116+54.05 to 118+89.42

Index No.: 15-08-09-400-010

15-08-09-400-011

THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF

SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD

PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959; DESCRIBED AS FOLLOWS:

THE WEST 7.00 FEET OF THE EAST 40.00 FEET OF THE SOUTH HALF OF

THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF

THE SOUTHEAST QUARTER OF SAID SECTION 9; TOGETHER WITH THE

WEST 7.00 FEET OF THE EAST 40.00 FEET OF THE SOUTH 70 FEET OF

THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE

NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9,

ALL IN TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL

MERIDIAN, IN WILL COUNTY, ILLINOIS.

SAID PARCEL CONTAINING 0.038 ACRES, MORE OR LESS.

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0021PE

Station: 114+33.61 to 114+36.66

Index No.: 15-08-10-300-011

THE SOUTH 3 FEET OF THE WEST 17 FEET OF THE NORTH 100 FEET OF

THE WEST 175 FEET OF LOT 8, IN ARTHUR T. MCINTOSH'S NEW LENOX

ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION

10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35

NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959

SAID PARCEL CONTAINING 0.001 ACRES (51 SQUARE FEET), MORE OR

LESS.

REVISION DATE: 05-26-2022

Route: C.H.4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0021TE

Station: 114+36.61 to 115+33.63

Index No.: 15-08-10-300-011

THE WEST 5.00 FEET OF THE NORTH 97 FEET OF THE WEST 175 FEET OF

LOT 8, IN ARTHUR T. MCINTOSH'S NEW LENOX ACRES, BEING A

SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 10 AND PART OF

THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE

11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT

THEREOF RECORDED JULY 16, 1927 AS DOCUMENT NUMBER 408969, IN

WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE

ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011

ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959

SAID PARCEL CONTAINING 0.011 ACRES, MORE OR LESS.

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0022TE

Station: 202+31.49 to 203+55.08

Index No.: 15-08-09-405-002

THE NORTHERLY 5.00 FEET OF LOT 14 IN WILMSEN'S SUBDIVISION OF

LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO

NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF

SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,

TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL

MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948

AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS.

SAID PARCEL CONTAINING 0.014 ACRES, MORE OR LESS.

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0023TE

Station: 203+54.27 to 204+77.86

Index No.: 15-08-09-405-003

THE NORTHERLY 10.00 FEET OF LOT 12 IN WILMSEN'S SUBDIVISION OF

LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO

NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF

SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,

TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL

MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948

AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS.

SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0024TE

Station: 204+77.86 to 206+00.14

Index No.: 15-08-09-405-004

THE NORTHERLY 10.00 FEET OF LOT 10 IN WILMSEN'S SUBDIVISION OF

LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO

NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF

SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,

TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL

MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948

AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS.

SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0025TE

Station: 206+00.14 to 207+53.71

Index No.: 15-08-09-405-009

THAT PART OF LOT 9 IN WILMSEN'S SUBDIVISION OF LOTS 1 AND 8 OF

ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW LENOX, A

SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 9, AND

PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 35

NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 AS

DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

0.9999586959; DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH

01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF

SAID LOT 9, A DISTANCE OF 10.13 FEET; THENCE SOUTH 79 DEGREES

17 MINUTES 03 SECONDS WEST ALONG A LINE 10.00 FEET SOUTH OF AND

PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 9, ALSO BEING THE

SOUTHERLY LINE OF FRANCIS ROAD, 64.43 FEET; THENCE SOUTH 10

DEGREES 42 MINUTES 57 SECONDS EAST, 5.00 FEET; THENCE SOUTH 79

DEGREES 17 MINUTES 03 SECONDS WEST ALONG A LINE 15.00 FEET

SOUTH OF AND PARALLEL WITH THE SAID SOUTHERLY LINE OF FRANCIS

ROAD, 25.00 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57

SECONDS WEST, 5.00 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES 03

SECONDS WEST ALONG A LINE 10.00 FEET SOUTH OF AND PARALLEL WITH

THE SAID SOUTHERLY LINE OF FRANCIS ROAD, 62.53 FEET TO THE WEST

LINE OF SAID LOT 9; THENCE NORTH 01 DEGREES 30 MINUTES 42

SECONDS WEST ALONG SAID WEST LINE, 10.13 FEET TO SAID

NORTHERLY LINE OF LOT 9, ALSO BEING SAID SOUTHERLY LINE OF

FRANCIS ROAD; THENCE NORTH 79 DEGREES 17 MINUTES 03 SECONDS

EAST ALONG SAID SOUTHERLY LINE OF FRANCIS ROAD, 151.96 FEET TO

THE PLACE OF BEGINNING.

SAID PARCEL CONTAINING 0.038 ACRES, MORE OR LESS.

REVISION DATE: 05-26-2022

Route: C.H. 4 Cedar Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0026TE

Station: 107+73.63 to 108+08.64

Index No.: 15-08-10-301-0073

THE NORTH 35 FEET OF THE SOUTH 55.25 FEET OF LOT 11 (EXCEPT THE

WEST 17 FEET THEREOF) IN ARTHUR T. MCINTOSH AND COMPANY'S NEW

LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35

NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,

ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF

0.9999586959.

SAID PARCEL CONTAINING 0.004 ACRES (175 SQUARE FEET), MORE OR

LESS.

REVISION DATE: 05-26-2022

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0027TE

Station: 216+52.49 to 217+35.06

Index No.: 15-08-10-301-005

THE NORTHERLY 10.00 FEET OF THE EAST 80 FEET OF THE WEST 617

FEET OF LOT 10 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW LENOX

ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 NORTH,

AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING

TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS DOCUMENT 408969,

IN WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE

ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011

ADJUSTMENT) WITH A COMBINED FACTOR OF 0.9999586959.

SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.

REVISION DATE: 05-26-2022

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0028TE

Station: 217+33.45 to 218+43.47

Index No.: 15-08-10-301-067

THE NORTHERLY 10.00 FEET OF THE EAST 34.75 FEET OF LOT 10 AND

LOT 35 (EXCEPT THE EAST 270.03 FEET THEREOF) IN ARTHUR T.

MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN

SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE

THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF

RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY,

ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE

PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT)

WITH A COMBINED FACTOR OF 0.9999586959.

SAID PARCEL CONTAINING 0.025 ACRES, MORE OR LESS.

REVISION DATE: 05-26-2022

Route: C.H. 64 Francis Road

Section: 20-00051-09-CH

County: Will

Parcel No: IL T0029TE

Station: 218+41.89 to 218+83.97

Index No.: 15-08-10-301-068

THE NORTHERLY 10.00 FEET OF THE WEST 40.00 FEET OF THE EAST

270.00 FEET OF LOT 35, AS MEASURED ALONG THE SOUTH LINE OF SAID

LOT 35, IN ARTHUR T. MCINTOSH AND COMPANY'S NEW LENOX ACRES, A

SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND

RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO

THE PLAT THEREOF RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN

WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE

ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011

ADJUSTMENT) WITH A COMBINED FACTOR OF 0.9999586959.

SAID PARCEL CONTAINING 0.009 ACRES (405 SQUARE FEET), MORE OR

LESS.

REVISION DATE: 05-26-2022

REVISION DATE: 06-30-2022

(b) This Section is repealed on June 9, 2026 (3 years after

the effective date of Public Act 103-10) this amendatory Act

of the 103rd General Assembly.

(Source: P.A. 103-10, eff. 6-9-23; revised 7-27-23.)

Section 600. The Illinois False Claims Act is amended by

changing Section 6 as follows:

(740 ILCS 175/6) (from Ch. 127, par. 4106)

Sec. 6. Subpoenas.

(a) In general.

(1) Issuance and service. Whenever the Attorney

General has reason to believe that any person may be in

possession, custody, or control of any documentary

material or information relevant to an investigation, the

Attorney General may, before commencing a civil proceeding

under this Act or making an election under paragraph (4)

of subsection (b) of Section 4, issue in writing and cause

to be served upon such person, a subpoena requiring such

person:

(A) to produce such documentary material for

inspection and copying,

(B) to answer, in writing, written interrogatories

with respect to such documentary material or

information,

(C) to give oral testimony concerning such

documentary material or information, or

(D) to furnish any combination of such material,

answers, or testimony.

The Attorney General may issue subpoenas under this

subsection (a). Whenever a subpoena is an express demand

for any product of discovery, the Attorney General shall

cause to be served, in any manner authorized by this

Section, a copy of such demand upon the person from whom

the discovery was obtained and shall notify the person to

whom such demand is issued of the date on which such copy

was served. Any information obtained by the Attorney

General under this Section may be shared with any qui tam

relator if the Attorney General determines it necessary as

part of any Illinois False Claims Act investigation.

(1.5) Where a subpoena requires the production of

documentary material, the respondent shall produce the

original of the documentary material, provided, however,

that the Attorney General may agree that copies may be

substituted for the originals. All documentary material

kept or stored in electronic form, including electronic

mail, shall be produced in native format, as kept in the

normal course of business, or as otherwise directed by the

Attorney General. The production of documentary material

shall be made at the respondent's expense.

(2) Contents and deadlines. Each subpoena issued under

paragraph (1):

(A) Shall state the nature of the conduct

constituting an alleged violation that is under

investigation and the applicable provision of law

alleged to be violated.

(B) Shall identify the individual causing the

subpoena to be served and to whom communications

regarding the subpoena should be directed.

(C) Shall state the date, place, and time at which

the person is required to appear, produce written

answers to interrogatories, produce documentary

material or give oral testimony. The date shall not be

less than 10 days from the date of service of the

subpoena. Compliance with the subpoena shall be at the

Office of the Attorney General in either the

Springfield or Chicago location or at other location

by agreement.

(D) If the subpoena is for documentary material or

interrogatories, shall describe the documents or

information requested with specificity.

(E) Shall notify the person of the right to be

assisted by counsel.

(F) Shall advise that the person has 20 days from

the date of service or up until the return date

specified in the demand, whichever date is earlier, to

move, modify, or set aside the subpoena pursuant to

subparagraph (j)(2)(A) of this Section.

(b) Protected material or information.

(1) In general. A subpoena issued under subsection (a)

may not require the production of any documentary

material, the submission of any answers to written

interrogatories, or the giving of any oral testimony if

such material, answers, or testimony would be protected

from disclosure under:

(A) the standards applicable to subpoenas or

subpoenas duces tecum issued by a court of this State

to aid in a grand jury investigation; or

(B) the standards applicable to discovery requests

under the Code of Civil Procedure, to the extent that

the application of such standards to any such subpoena

is appropriate and consistent with the provisions and

purposes of this Section.

(2) Effect on other orders, rules, and laws. Any such

subpoena which is an express demand for any product of

discovery supersedes any inconsistent order, rule, or

provision of law (other than this Section) preventing or

restraining disclosure of such product of discovery to any

person. Disclosure of any product of discovery pursuant to

any such subpoena does not constitute a waiver of any

right or privilege which the person making such disclosure

may be entitled to invoke to resist discovery of trial

preparation materials.

(c) Service in general. Any subpoena issued under

subsection (a) may be served by any person so authorized by the

Attorney General or by any person authorized to serve process

on individuals within Illinois, through any method prescribed

in the Code of Civil Procedure or as otherwise set forth in

this Act.

(d) Service upon legal entities and natural persons.

(1) Legal entities. Service of any subpoena issued

under subsection (a) or of any petition filed under

subsection (j) may be made upon a partnership,

corporation, association, or other legal entity by:

(A) delivering an executed copy of such subpoena

or petition to any partner, executive officer,

managing agent, general agent, or registered agent of

the partnership, corporation, association, or entity;

(B) delivering an executed copy of such subpoena

or petition to the principal office or place of

business of the partnership, corporation, association,

or entity; or

(C) depositing an executed copy of such subpoena

or petition in the United States mails by registered

or certified mail, with a return receipt requested,

addressed to such partnership, corporation,

association, or entity as its principal office or

place of business.

(2) Natural person. Service of any such subpoena or

petition may be made upon any natural person by:

(A) delivering an executed copy of such subpoena

or petition to the person; or

(B) depositing an executed copy of such subpoena

or petition in the United States mails by registered

or certified mail, with a return receipt requested,

addressed to the person at the person's residence or

principal office or place of business.

(e) Proof of service. A verified return by the individual

serving any subpoena issued under subsection (a) or any

petition filed under subsection (j) setting forth the manner

of such service shall be proof of such service. In the case of

service by registered or certified mail, such return shall be

accompanied by the return post office receipt of delivery of

such subpoena.

(f) Documentary material.

(1) Sworn certificates. The production of documentary

material in response to a subpoena served under this

Section shall be made under a sworn certificate, in such

form as the subpoena designates, by:

(A) in the case of a natural person, the person to

whom the subpoena is directed, or

(B) in the case of a person other than a natural

person, a person having knowledge of the facts and

circumstances relating to such production and

authorized to act on behalf of such person.

The certificate shall state that all of the documentary

material required by the demand and in the possession,

custody, or control of the person to whom the subpoena is

directed has been produced and made available to the

Attorney General.

(2) Production of materials. Any person upon whom any

subpoena for the production of documentary material has

been served under this Section shall make such material

available for inspection and copying to the Attorney

General at the place designated in the subpoena, or at

such other place as the Attorney General and the person

thereafter may agree and prescribe in writing, or as the

court may direct under subsection (j)(1). Such material

shall be made so available on the return date specified in

such subpoena, or on such later date as the Attorney

General may prescribe in writing. Such person may, upon

written agreement between the person and the Attorney

General, substitute copies for originals of all or any

part of such material.

(g) Interrogatories. Each interrogatory in a subpoena

served under this Section shall be answered separately and

fully in writing under oath and shall be submitted under a

sworn certificate, in such form as the subpoena designates by:

(1) in the case of a natural person, the person to whom

the subpoena is directed, or

(2) in the case of a person other than a natural

person, the person or persons responsible for answering

each interrogatory.

If any interrogatory is objected to, the reasons for the

objection shall be stated in the certificate instead of an

answer. The certificate shall state that all information

required by the subpoena and in the possession, custody,

control, or knowledge of the person to whom the demand is

directed has been submitted. To the extent that any

information is not furnished, the information shall be

identified and reasons set forth with particularity regarding

the reasons why the information was not furnished.

(h) Oral examinations.

(1) Procedures. The examination of any person pursuant

to a subpoena for oral testimony served under this Section

shall be taken before an officer authorized to administer

oaths and affirmations by the laws of this State or of the

place where the examination is held. The officer before

whom the testimony is to be taken shall put the witness on

oath or affirmation and shall, personally or by someone

acting under the direction of the officer and in the

officer's presence, record the testimony of the witness.

The testimony shall be taken stenographically and shall be

transcribed. When the testimony is fully transcribed, the

officer before whom the testimony is taken shall promptly

transmit a certified copy of the transcript of the

testimony in accordance with the instructions of the

Attorney General. This subsection shall not preclude the

taking of testimony by any means authorized by, and in a

manner consistent with, the Code of Civil Procedure.

(2) Persons present. The investigator conducting the

examination shall exclude from the place where the

examination is held all persons except the person giving

the testimony, the attorney for and any other

representative of the person giving the testimony, the

attorney for the State, any person who may be agreed upon

by the attorney for the State and the person giving the

testimony, the officer before whom the testimony is to be

taken, and any stenographer taking such testimony.

(3) Where testimony taken. The oral testimony of any

person taken pursuant to a subpoena served under this

Section shall be taken in the county within which such

person resides, is found, or transacts business, or in

such other place as may be agreed upon by the Attorney

General and such person.

(4) Transcript of testimony. When the testimony is

fully transcribed, the Attorney General or the officer

before whom the testimony is taken shall afford the

witness, who may be accompanied by counsel, a reasonable

opportunity to review and correct the transcript, in

accordance with the rules applicable to deposition

witnesses in civil cases. Upon payment of reasonable

charges, the Attorney General shall furnish a copy of the

transcript to the witness, except that the Attorney

General may, for good cause, limit the witness to

inspection of the official transcript of the witness'

testimony.

(5) Conduct of oral testimony.

(A) Any person compelled to appear for oral

testimony under a subpoena issued under subsection (a)

may be accompanied, represented, and advised by

counsel, who may raise objections based on matters of

privilege in accordance with the rules applicable to

depositions in civil cases. If such person refuses to

answer any question, a petition may be filed in

circuit court under subsection (j)(1) for an order

compelling such person to answer such question.

(B) If such person refuses any question on the

grounds of the privilege against self-incrimination,

the testimony of such person may be compelled in

accordance with Article 106 of the Code of Criminal

Procedure of 1963.

(6) Witness fees and allowances. Any person appearing

for oral testimony under a subpoena issued under

subsection (a) shall be entitled to the same fees and

allowances which are paid to witnesses in the circuit

court.

(i) Custodians of documents, answers, and transcripts.

(1) Designation. The Attorney General or his or her

delegate shall serve as custodian of documentary material,

answers to interrogatories, and transcripts of oral

testimony received under this Section.

(2) Except as otherwise provided in this Section, no

documentary material, answers to interrogatories, or

transcripts of oral testimony, or copies thereof, while in

the possession of the custodian, shall be available for

examination by any individual, except as determined

necessary by the Attorney General and subject to the

conditions imposed by him or her for effective enforcement

of the laws of this State, or as otherwise provided by

court order.

(3) Conditions for return of material. If any

documentary material has been produced by any person in

the course of any investigation pursuant to a subpoena

under this Section and:

(A) any case or proceeding before the court or

grand jury arising out of such investigation, or any

proceeding before any State agency involving such

material, has been completed, or

(B) no case or proceeding in which such material

may be used has been commenced within a reasonable

time after completion of the examination and analysis

of all documentary material and other information

assembled in the course of such investigation,

the custodian shall, upon written request of the person

who produced such material, return to such person any such

material which has not passed into the control of any

court, grand jury, or agency through introduction into the

record of such case or proceeding.

(j) Judicial proceedings.

(1) Petition for enforcement. Whenever any person

fails to comply with any subpoena issued under subsection

(a), or whenever satisfactory copying or reproduction of

any material requested in such demand cannot be done and

such person refuses to surrender such material, the

Attorney General may file, in the circuit court of any

county in which such person resides, is found, or

transacts business, or the circuit court of the county in

which an action filed pursuant to Section 4 of this Act is

pending if the action relates to the subject matter of the

subpoena and serve upon such person a petition for an

order of such court for the enforcement of the subpoena.

(2) Petition to modify or set aside subpoena.

(A) Any person who has received a subpoena issued

under subsection (a) may file, in the circuit court of

any county within which such person resides, is found,

or transacts business, and serve upon the Attorney

General a petition for an order of the court to modify

or set aside such subpoena. In the case of a petition

addressed to an express demand for any product of

discovery, a petition to modify or set aside such

demand may be brought only in the circuit court of the

county in which the proceeding in which such discovery

was obtained is or was last pending. Any petition

under this subparagraph (A) must be filed:

(i) within 20 days after the date of service

of the subpoena, or at any time before the return

date specified in the subpoena, whichever date is

earlier, or

(ii) within such longer period as may be

prescribed in writing by the Attorney General.

(B) The petition shall specify each ground upon

which the petitioner relies in seeking relief under

subparagraph (A), and may be based upon any failure of

the subpoena to comply with the provisions of this

Section or upon any constitutional or other legal

right or privilege of such person. During the pendency

of the petition in the court, the court may stay, as it

deems proper, the running of the time allowed for

compliance with the subpoena, in whole or in part,

except that the person filing the petition shall

comply with any portion of the subpoena not sought to

be modified or set aside.

(3) Petition to modify or set aside demand for product

of discovery. In the case of any subpoena issued under

subsection (a) which is an express demand for any product

of discovery, the person from whom such discovery was

obtained may file, in the circuit court of the county in

which the proceeding in which such discovery was obtained

is or was last pending, a petition for an order of such

court to modify or set aside those portions of the

subpoena requiring production of any such product of

discovery, subject to the same terms, conditions, and

limitations set forth in subparagraph (j)(2) of this

Section.

(4) Jurisdiction. Whenever any petition is filed in

any circuit court under this subsection (j), such court

shall have jurisdiction to hear and determine the matter

so presented, and to enter such orders as may be required

to carry out the provisions of this Section. Any final

order so entered shall be subject to appeal in the same

manner as appeals of other final orders in civil matters.

Any disobedience of any final order entered under this

Section by any court shall be punished as a contempt of the

court.

(k) Disclosure exemption. Any documentary material,

answers to written interrogatories, or oral testimony provided

under any subpoena issued under subsection (a) shall be exempt

from disclosure under the Illinois Administrative Procedure

Act.

(Source: P.A. 103-145, eff. 10-1-23; revised 9-20-23.)

Section 605. The Good Samaritan Act is amended by changing

Section 42 as follows:

(745 ILCS 49/42)

Sec. 42. Optometrists; exemption from civil liability for

emergency care. Any optometrist or any person licensed as an a

optometrist in any other state or territory of the United

States who in good faith provides emergency care without fee

to a victim of an accident at the scene of an accident shall

not, as a result of his or her acts or omissions, except

willful or wanton misconduct on the part of the person, in

providing the care, be liable for civil damages.

(Source: P.A. 90-413, eff. 1-1-98; revised 9-20-23.)

Section 610. The Emancipation of Minors Act is amended by

changing Section 2 as follows:

(750 ILCS 30/2) (from Ch. 40, par. 2202)

Sec. 2. Purpose and policy. The purpose of this Act is to

provide a means by which a mature minor who has demonstrated

the ability and capacity to manage the minor's own affairs and

to live wholly or partially independent of the minor's parents

or guardian, may obtain the legal status of an emancipated

person with power to enter into valid legal contracts.

This Act is not intended to interfere with the integrity

of the family or the rights of parents and their children. No

order of complete or partial emancipation may be entered under

this Act if there is any objection by the minor. An order of

complete or partial emancipation may be entered under this Act

if there is an objection by the minor's parents or guardian

only if the court finds, in a hearing, that emancipation would

be in the minor's best interests. This Act does not limit or

exclude any other means either in statute or case law by which

a minor may become emancipated.

(g) Beginning January 1, 2019, and annually thereafter

through January 1, 2024, the Department of Human Services

shall submit annual reports to the General Assembly regarding

homeless minors older than 16 years of age but less than 18

years of age referred to a youth transitional housing program

for whom parental consent to enter the program is not

obtained. The report shall include the following information:

(1) the number of homeless minors referred to youth

transitional housing programs;

(2) the number of homeless minors who were referred

but a licensed youth transitional housing program was not

able to provide housing and services, and what subsequent

steps, if any, were taken to ensure that the homeless

minors were referred to an appropriate and available

alternative placement;

(3) the number of homeless minors who were referred

but determined to be ineligible for a youth transitional

housing program and the reason why the homeless minors

were determined to be ineligible, and what subsequent

steps, if any, were taken to ensure that the homeless

minors were referred to an appropriate and available

alternative placement; and

(4) the number of homeless minors who voluntarily left

the program and who were dismissed from the program while

they were under the age of 18, and what subsequent steps,

if any, were taken to ensure that the homeless minors were

referred to an appropriate and available alternative

placement.

(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

Section 615. The Electric Vehicle Charging Act is amended

by changing Sections 15, 25, and 35 as follows:

(765 ILCS 1085/15)

Sec. 15. Definitions. As used in this Act:

"Affordable housing development" means (i) any housing

that is subsidized by the federal or State government or (ii)

any housing in which at least 20% of the dwelling units are

subject to covenants or restrictions that require that the

dwelling units to be sold or rented at prices that preserve

them as affordable housing for a period of at least 10 years.

"Association" has the meaning set forth in subsection (o)

of Section 2 of the Condominium Property Act or Section 1-5 of

the Common Interest Community Association Act, as applicable.

"Electric vehicle" means a vehicle that is exclusively

powered by and refueled by electricity, plugs in to charge,

and is licensed to drive on public roadways. "Electric

vehicle" does not include electric mopeds, electric

off-highway vehicles, hybrid electric vehicles, or

extended-range electric vehicles that are equipped, fully or

partially, with conventional fueled propulsion or auxiliary

engines.

"Electric vehicle charging system" means a device that is:

(1) used to provide electricity to an electric

vehicle;

(2) designed to ensure that a safe connection has been

made between the electric grid and the electric vehicle;

and

(3) able to communicate with the vehicle's control

system so that electricity flows at an appropriate voltage

and current level. An electric vehicle charging system may

be wall mounted or pedestal style, may provide multiple

cords to connect with electric vehicles, and shall:

(i) be certified by Underwriters Laboratories or

have been granted an equivalent certification; and

(ii) comply with the current version of Article

625 of the National Electrical Code.

"Electric vehicle supply equipment" or "EVSE" means a

conductor, including an ungrounded, grounded, and equipment

grounding conductor, and electric vehicle connectors,

attachment plugs, and all other fittings, devices, power

outlets, and apparatuses installed specifically for the

purpose of transferring energy between the premises wiring and

the electric vehicle.

"EV-capable" means parking spaces that have the electrical

panel capacity and conduit installed during construction to

support future implementation of electric vehicle charging

with 208-volt or 240-volt or greater, 40-ampere or greater

circuits. Each EV-capable space shall feature a continuous

raceway or cable assembly installed between an enclosure or

outlet located within 3 feet of the EV-capable space and a

suitable panelboard or other onsite electrical distribution

equipment. The electrical distribution equipment to which the

raceway or cable assembly connects shall have sufficient

dedicated space and spare electrical capacity for a 2-pole

circuit breaker or set of fuses. Reserved capacity shall be no

less than 40A 208/240V for each EV-capable space unless

EV-capable spaces will be controlled by an energy management

system providing load management in accordance with NFPA 70,

shall have a minimum capacity of 4.1 kilovolt-ampere per

space, or have a minimum capacity of 2.7 kilovolt-ampere per

space when all of the parking spaces are designed to be

EV-capable spaces, EV-ready spaces, or EVSE-installed spaces.

The electrical enclosure or outlet and the electrical

distribution equipment directory shall be marked "For future

electric vehicle supply equipment (EVSE)." This strategy

ensures the reduction of up-front costs for electric vehicle

charging station installation by providing the electrical

elements that are difficult to install during a retrofit.

Anticipating the use of dual-head EVSE, the same circuit may

be used to support charging in adjacent EV-capable spaces. For

purposes of this Act, "EV-capable" "EV capable" shall not be

construed to require a developer or builder to install or run

wire or cable from the electrical panel through the conduit or

raceway to the terminus of the conduit.

"EV-ready" means parking spaces that are provided with a

branch circuit and either an outlet, junction box, or

receptacle that will support an installed EVSE. Each branch

circuit serving EV-ready spaces shall terminate at an outlet

or enclosure, located within 3 feet of each EV-ready space it

serves. The panelboard or other electrical distribution

equipment directory shall designate the branch circuit as "For

electric vehicle supply equipment (EVSE)" and the outlet or

enclosure shall be marked "For electric vehicle supply

equipment (EVSE)." The capacity of each branch circuit serving

multiple EV-ready spaces designed to be controlled by an

energy management system providing load management in

accordance with NFPA 70, shall have a minimum capacity of 4.1

kilovolt-ampere per space, or have a minimum capacity of 2.7

kilovolt-ampere per space when all of the parking spaces are

designed to be EV-capable spaces, EV-ready spaces, or EVSE

spaces.

"EVSE-installed" means electric vehicle supply equipment

that is fully installed from the electrical panel to the

parking space.

"Large multifamily residence" means a single residential

building that accommodates 5 families or more.

"Level 1" means a 120-volt 20-ampere minimum branch

circuit.

"Level 2" means a 208-volt to 240-volt 40-ampere branch

circuit.

"New" means newly constructed.

"Reasonable restriction" means a restriction that does not

significantly increase the cost of the electric vehicle

charging station or electric vehicle charging system or

significantly decrease its efficiency or specified

performance.

"Single-family residence" means a detached single-family

residence on a single lot.

"Small multifamily residence" means a single residential

building that accommodates 2 to 4 families.

(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)

(765 ILCS 1085/25)

Sec. 25. Residential requirements.

(a) All building permits issued 90 days after the

effective date of this Act shall require a new, large

multifamily residential building or a large multifamily

residential building being renovated by a developer converting

the property to an association to have 100% of its total

parking spaces EV-capable. However, nothing in this Act shall

be construed to require that in the case of a developer

converting the property to an association, no EV-capable or

EV-ready mandate shall apply if it would necessitate the

developer having to excavate an existing surface lot or other

parking facility in order to retrofit retro-fit the parking

lot or facility with the necessary conduit and wiring.

(b) The following requirements and timelines shall apply

for affordable housing. A new construction single-family

residence or small multifamily residence that qualifies as an

affordable housing development under the same project

ownership and is located on a campus with centralized parking

areas is subject to the requirements and timelines below.

All building permits issued 24 months after the effective

date of this Act shall require a new construction large

multifamily residence that qualifies as an affordable housing

development to have the following, unless additional

requirements are required under a subsequently adopted

building code:

(1) For permits issued 24 months after the effective

date of this Act, a minimum of 40% EV-capable parking

spaces.

(2) For permits issued 5 years after the effective

date of this Act, a minimum of 50% EV-capable parking

spaces.

(3) For permits issued 10 years after the effective

date of this Act, a minimum of 70% EV-capable parking

spaces.

(d) An accessible parking space is not required by this

Section if no accessible parking spaces are required by the

local zoning code.

(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)

(765 ILCS 1085/35)

Sec. 35. Electric vehicle charging system policy for

renters.

(a) Notwithstanding any provision in the lease to the

contrary and subject to subsection (b):

(1) a tenant may install, at the tenant's expense for

the tenant's own use, a level 1 receptacle or outlet, a

level 2 receptacle or outlet, or a level 2 electric

vehicle charging system on or in the leased premises;

(2) a landlord shall not assess or charge a tenant any

fee for the placement or use of an electric vehicle

charging system, except that:

(A) the landlord may:

(i) require reimbursement for the actual cost

of electricity provided by the landlord that was

used by the electric vehicle charging system;

(ii) charge a reasonable fee for access. If

the electric vehicle charging system is part of a

network for which a network fee is charged, the

landlord's reimbursement may include the amount of

the network fee. Nothing in this subparagraph

requires a landlord to impose upon a tenant a fee

or charge other than the rental payments specified

in the lease; or

(iii) charge a security deposit to cover costs

to restore the property to its original condition

if the tenant removes the electric vehicle

charging system; .

(B) the landlord may require reimbursement for the

cost of the installation of the electric vehicle

charging system, including any additions or upgrades

to existing wiring directly attributable to the

requirements of the electric vehicle charging system,

if the landlord places or causes the electric vehicle

charging system to be placed at the request of the

tenant; and

(C) if the tenant desires to place an electric

vehicle charging system in an area accessible to other

tenants, the landlord may assess or charge the tenant

a reasonable fee to reserve a specific parking space

in which to install the electric vehicle charging

system.

(b) A landlord may require a tenant to comply with:

(1) bona fide safety requirements consistent with an

applicable building code or recognized safety standard for

the protection of persons and property;

(2) a requirement that the electric vehicle charging

system be registered with the landlord within 30 days

after installation; or

(3) reasonable aesthetic provisions that govern the

dimensions, placement, or external appearance of an

electric vehicle charging system.

(c) A tenant may place an electric vehicle charging system

if:

(1) the electric vehicle charging system is in

compliance with all applicable requirements adopted by a

landlord under subsection (b); and

(2) the tenant agrees, in writing, to:

(A) comply with the landlord's design

specifications for the installation of an electric

vehicle charging system;

(B) engage the services of a duly licensed and

registered electrical contractor familiar with the

installation and code requirements of an electric

vehicle charging system; and

(C) provide, within 14 days after receiving the

landlord's consent for the installation, a certificate

of insurance naming the landlord as an additional

insured party on the tenant's renter's insurance

policy for any claim related to the installation,

maintenance, or use of the electric vehicle charging

system or, at the landlord's option, reimbursement to

the landlord for the actual cost of any increased

insurance premium amount attributable to the electric

vehicle charging system, notwithstanding any provision

to the contrary in the lease. The tenant shall provide

reimbursement for an increased insurance premium

amount within 14 days after the tenant receives the

landlord's invoice for the amount attributable to the

electric vehicle charging system.

(d) If the landlord consents to a tenant's installation of

an electric vehicle charging system on property accessible to

other tenants, including a parking space, carport, or garage

stall, then, unless otherwise specified in a written agreement

with the landlord:

(1) The tenant, and each successive tenant with

exclusive rights to the area where the electric vehicle

charging system is installed, is responsible for costs for

damages to the electric vehicle charging system and to any

other property of the landlord or another tenant resulting

from the installation, maintenance, repair, removal, or

replacement of the electric vehicle charging system.

(A) Costs under this paragraph shall be based on:

(i) an embedded submetering device; or

(ii) a reasonable calculation of cost, based

on the average miles driven, efficiency of the

electric vehicle calculated by the United States

Environmental Protection Agency, and the cost of

electricity for the common area.

(B) The purpose of the costs under this paragraph

is for reasonable reimbursement of electricity usage

and shall not be set to deliberately exceed that

reasonable reimbursement.

(2) Each successive tenant with exclusive rights to

the area where the electric vehicle charging system is

installed shall assume responsibility for the repair,

maintenance, removal, and replacement of the electric

vehicle charging system until the electric vehicle

charging system is removed.

(3) The tenant, and each successive tenant with

exclusive rights to the area where the electric vehicle

charging system is installed, shall, at all times, have

and maintain an insurance policy covering the obligations

of the tenant under this subsection and shall name the

landlord as an additional insured party under the policy.

(4) The tenant, and each successive tenant with

exclusive rights to the area where the electric vehicle

charging system is installed, is responsible for removing

the system if reasonably necessary or convenient for the

repair, maintenance, or replacement of any property of the

landlord, whether or not leased to another tenant.

(e) An electric vehicle charging system installed at the

tenant's cost is the property of the tenant. Upon termination

of the lease, if the electric vehicle charging system is

removable, the tenant may either remove it or sell it to the

landlord or another tenant for an agreed price. Nothing in

this subsection requires the landlord or another tenant to

purchase the electric vehicle charging system.

(f) A landlord that willfully violates this Section shall

be liable to the tenant for actual damages, and shall pay a

civil penalty to the tenant in an amount not to exceed $1,000.

(g) In any action by a tenant requesting to have an

electric vehicle charging system installed and seeking to

enforce compliance with this Section, the court shall award

reasonable attorney's fees to a prevailing plaintiff.

(h) A tenant whose landlord is an owner in an association

and who desires to install an electric vehicle charging

station must obtain approval to do so through the tenant's

landlord or owner and in accordance with those provisions of

this Act applicable to associations.

(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)

Section 620. The Illinois Human Rights Act is amended by

changing Section 8-101 as follows:

(775 ILCS 5/8-101)

Sec. 8-101. Illinois Human Rights Commission.

(A) Creation; appointments. The Human Rights Commission is

created to consist of 7 members appointed by the Governor with

the advice and consent of the Senate. No more than 4 members

shall be of the same political party. The Governor shall

designate one member as chairperson. All appointments shall be

in writing and filed with the Secretary of State as a public

record.

(B) Terms. Of the members first appointed, 4 shall be

appointed for a term to expire on the third Monday of January,

2021, and 3 (including the Chairperson) shall be appointed for

a term to expire on the third Monday of January, 2023.

Notwithstanding any provision of this Section to the

contrary, the term of office of each member of the Illinois

Human Rights Commission is abolished on January 19, 2019.

Incumbent members holding a position on the Commission that

was created by Public Act 84-115 and whose terms, if not for

Public Act 100-1066 this amendatory Act of the 100th General

Assembly, would have expired January 18, 2021 shall continue

to exercise all of the powers and be subject to all of the

duties of members of the Commission until June 30, 2019 or

until their respective successors are appointed and qualified,

whichever is earlier.

Thereafter, each member shall serve for a term of 4 years

and until the member's successor is appointed and qualified;

except that any member chosen to fill a vacancy occurring

otherwise than by expiration of a term shall be appointed only

for the unexpired term of the member whom the member shall

succeed and until the member's successor is appointed and

qualified.

(C) Vacancies.

(1) In the case of vacancies on the Commission during

a recess of the Senate, the Governor shall make a

temporary appointment until the next meeting of the Senate

when the Governor shall appoint a person to fill the

vacancy. Any person so nominated and confirmed by the

Senate shall hold office for the remainder of the term and

until the person's successor is appointed and qualified.

(2) If the Senate is not in session at the time this

Act takes effect, the Governor shall make temporary

appointments to the Commission as in the case of

vacancies.

(3) Vacancies in the Commission shall not impair the

right of the remaining members to exercise all the powers

of the Commission. Except when authorized by this Act to

proceed through a 3 member panel, a majority of the

members of the Commission then in office shall constitute

a quorum.

(D) Compensation. On and after January 19, 2019, the

Chairperson of the Commission shall be compensated at the rate

of $125,000 per year, or as set by the Compensation Review

Board, whichever is greater, during the Chairperson's service

as Chairperson, and each other member shall be compensated at

the rate of $119,000 per year, or as set by the Compensation

Review Board, whichever is greater. In addition, all members

of the Commission shall be reimbursed for expenses actually

and necessarily incurred by them in the performance of their

duties.

(E) Notwithstanding the general supervisory authority of

the Chairperson, each commissioner, unless appointed to the

special temporary panel created under subsection (H), has the

authority to hire and supervise a staff attorney. The staff

attorney shall report directly to the individual commissioner.

(F) A formal training program for newly appointed

commissioners shall be implemented. The training program shall

include the following:

(1) substantive and procedural aspects of the office

of commissioner;

(2) current issues in employment and housing

discrimination and public accommodation law and practice;

(3) orientation to each operational unit of the Human

Rights Commission;

(4) observation of experienced hearing officers and

commissioners conducting hearings of cases, combined with

the opportunity to discuss evidence presented and rulings

made;

(5) the use of hypothetical cases requiring the newly

appointed commissioner to issue judgments as a means of

evaluating knowledge and writing ability;

(6) writing skills; and

(7) professional and ethical standards.

A formal and ongoing professional development program

including, but not limited to, the above-noted areas shall be

implemented to keep commissioners informed of recent

developments and issues and to assist them in maintaining and

enhancing their professional competence. Each commissioner

shall complete 20 hours of training in the above-noted areas

during every 2 years the commissioner remains in office.

(G) Commissioners must meet one of the following

qualifications:

(1) licensed to practice law in the State of Illinois;

(2) at least 3 years of experience as a hearing

officer at the Human Rights Commission; or

(3) at least 4 years of professional experience

working for or dealing with individuals or corporations

affected by this Act or similar laws in other

jurisdictions, including, but not limited to, experience

with a civil rights advocacy group, a fair housing group,

a community organization, a trade association, a union, a

law firm, a legal aid organization, an employer's human

resources department, an employment discrimination

consulting firm, a community affairs organization, or a

municipal human relations agency.

The Governor's appointment message, filed with the

Secretary of State and transmitted to the Senate, shall state

specifically how the experience of a nominee for commissioner

meets the requirement set forth in this subsection. The

Chairperson must have public or private sector management and

budget experience, as determined by the Governor.

Each commissioner shall devote full time to the

commissioner's duties and any commissioner who is an attorney

shall not engage in the practice of law, nor shall any

commissioner hold any other office or position of profit under

the United States or this State or any municipal corporation

or political subdivision of this State, nor engage in any

other business, employment, or vocation.

(H) (Blank).

(Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;

revised 12-15-23.)

Section 622. The Business Corporation Act of 1983 is

amended by changing Section 1.80 as follows:

(805 ILCS 5/1.80) (from Ch. 32, par. 1.80)

Sec. 1.80. Definitions. As used in this Act, unless the

context otherwise requires, the words and phrases defined in

this Section shall have the meanings set forth herein.

(a) "Corporation" or "domestic corporation" means a

corporation subject to the provisions of this Act, except a

foreign corporation.

(b) "Foreign corporation" means a corporation for profit

organized under laws other than the laws of this State, but

shall not include a banking corporation organized under the

laws of another state or of the United States, a foreign

banking corporation organized under the laws of a country

other than the United States and holding a certificate of

authority from the Commissioner of Banks and Real Estate

issued pursuant to the Foreign Banking Office Act, or a

banking corporation holding a license from the Commissioner of

Banks and Real Estate issued pursuant to the Foreign Bank

Representative Office Act.

(c) "Articles of incorporation" means the original

articles of incorporation, including the articles of

incorporation of a new corporation set forth in the articles

of consolidation, and all amendments thereto, whether

evidenced by articles of amendment, articles of merger,

articles of exchange, statement of correction affecting

articles, resolution establishing series of shares or a

statement of cancellation under Section 9.05. Restated

articles of incorporation shall supersede the original

articles of incorporation and all amendments thereto prior to

the effective date of filing the articles of amendment

incorporating the restated articles of incorporation.

(d) "Subscriber" means one who subscribes for shares in a

corporation, whether before or after incorporation.

(e) "Incorporator" means one of the signers of the

original articles of incorporation.

(f) "Shares" means the units into which the proprietary

interests in a corporation are divided.

(g) "Shareholder" means one who is a holder of record of

shares in a corporation.

(h) "Certificate" representing shares means a written

instrument executed by the proper corporate officers, as

required by Section 6.35 of this Act, evidencing the fact that

the person therein named is the holder of record of the share

or shares therein described. If the corporation is authorized

to issue uncertificated shares in accordance with Section 6.35

of this Act, any reference in this Act to shares represented by

a certificate shall also refer to uncertificated shares and

any reference to a certificate representing shares shall also

refer to the written notice in lieu of a certificate provided

for in Section 6.35.

(i) "Authorized shares" means the aggregate number of

shares of all classes which the corporation is authorized to

issue.

(j) "Paid-in capital" means the sum of the cash and other

consideration received, less expenses, including commissions,

paid or incurred by the corporation, in connection with the

issuance of shares, plus any cash and other consideration

contributed to the corporation by or on behalf of its

shareholders, plus amounts added or transferred to paid-in

capital by action of the board of directors or shareholders

pursuant to a share dividend, share split, or otherwise, minus

reductions as provided elsewhere in this Act. Irrespective of

the manner of designation thereof by the laws under which a

foreign corporation is or may be organized, paid-in capital of

a foreign corporation shall be determined on the same basis

and in the same manner as paid-in capital of a domestic

corporation, for the purpose of computing license fees,

franchise taxes and other charges imposed by this Act.

(k) "Net assets", for the purpose of determining the right

of a corporation to purchase its own shares and of determining

the right of a corporation to declare and pay dividends and

make other distributions to shareholders is equal to the

difference between the assets of the corporation and the

liabilities of the corporation.

(l) "Registered office" means that office maintained by

the corporation in this State, the address of which is on file

in the office of the Secretary of State, at which any process,

notice or demand required or permitted by law may be served

upon the registered agent of the corporation.

(m) "Insolvent" means that a corporation is unable to pay

its debts as they become due in the usual course of its

business.

(n) "Anniversary" means that day each year exactly one or

more years after:

(1) the date of filing the articles of incorporation

prescribed by Section 2.10 of this Act, in the case of a

domestic corporation;

(2) the date of filing the application for authority

prescribed by Section 13.15 of this Act, in the case of a

foreign corporation; or

(3) the date of filing the articles of consolidation

prescribed by Section 11.25 of this Act in the case of a

consolidation, unless the plan of consolidation provides

for a delayed effective date, pursuant to Section 11.40.

(o) "Anniversary month" means the month in which the

anniversary of the corporation occurs.

(p) "Extended filing month" means the month (if any) which

shall have been established in lieu of the corporation's

anniversary month in accordance with Section 14.01.

(q) "Taxable year" means that 12-month 12 month period

commencing with the first day of the anniversary month of a

corporation through the last day of the month immediately

preceding the next occurrence of the anniversary month of the

corporation, except that in the case of a corporation that has

established an extended filing month "taxable year" means that

12-month 12 month period commencing with the first day of the

extended filing month through the last day of the month

immediately preceding the next occurrence of the extended

filing month.

(r) "Fiscal year" means the 12-month 12 month period with

respect to which a corporation ordinarily files its federal

income tax return.

(s) "Close corporation" means a corporation organized

under or electing to be subject to Article 2A of this Act, the

articles of incorporation of which contain the provisions

required by Section 2.10, and either the corporation's

articles of incorporation or an agreement entered into by all

of its shareholders provide that all of the issued shares of

each class shall be subject to one or more of the restrictions

on transfer set forth in Section 6.55 of this Act.

(t) "Common shares" means shares which have no preference

over any other shares with respect to distribution of assets

on liquidation or with respect to payment of dividends.

(u) "Delivered", for the purpose of determining if any

notice required by this Act is effective, means:

(1) transferred or presented to someone in person; or

(2) deposited in the United States Mail addressed to

the person at his, her or its address as it appears on the

records of the corporation, with sufficient first-class

postage prepaid thereon.

(v) "Property" means gross assets including, without

limitation, all real, personal, tangible, and intangible

property.

(w) "Taxable period" means that 12-month period commencing

with the first day of the second month preceding the

corporation's anniversary month in the preceding year and

prior to the first day of the second month immediately

preceding its anniversary month in the current year, except

that, in the case of a corporation that has established an

extended filing month, "taxable period" means that 12-month

period ending with the last day of its fiscal year immediately

preceding the extended filing month. In the case of a newly

formed domestic corporation or a newly registered foreign

corporation that had not commenced transacting business in

this State prior to obtaining authority, "taxable period"

means that period commencing with the filing of the articles

of incorporation or, in the case of a foreign corporation, of

filing of the application for authority, and prior to the

first day of the second month immediately preceding its

anniversary month in the next succeeding year.

(x) "Treasury shares" mean (1) shares of a corporation

that have been issued, have been subsequently acquired by and

belong to the corporation, and have not been cancelled or

restored to the status of authorized but unissued shares and

(2) shares (i) declared and paid as a share dividend on the

shares referred to in clause (1) or this clause (2), or (ii)

issued in a share split of the shares referred to in clause (1)

or this clause (2). Treasury shares shall be deemed to be

"issued" shares but not "outstanding" shares. Treasury shares

may not be voted, directly or indirectly, at any meeting or

otherwise. Shares converted into or exchanged for other shares

of the corporation shall not be deemed to be treasury shares.

(y) "Gross amount of business" means gross receipts, from

whatever source derived.

(z) "Open data" means data that is expressed in a

machine-readable form and that is made freely available to the

public under an open license, without registration

requirement, and without any other restrictions that would

impede its use or reuse.

(Source: P.A. 102-49, eff. 1-1-22; revised 1-20-24.)

Section 625. The General Not For Profit Corporation Act of

1986 is amended by changing Section 103.05 as follows:

(805 ILCS 105/103.05) (from Ch. 32, par. 103.05)

Sec. 103.05. Purposes and authority of corporations;

particular purposes; exemptions.

(a) Not-for-profit corporations may be organized under

this Act for any one or more of the following or similar

purposes:

(1) Charitable.

(2) Benevolent.

(3) Eleemosynary.

(4) Educational.

(5) Civic.

(6) Patriotic.

(7) Political.

(8) Religious.

(9) Social.

(10) Literary.

(11) Athletic.

(12) Scientific.

(13) Research.

(14) Agricultural.

(15) Horticultural.

(16) Soil improvement.

(17) Crop improvement.

(18) Livestock or poultry improvement.

(19) Professional, commercial, industrial, or trade

association.

(20) Promoting the development, establishment, or

expansion of industries.

(21) Electrification on a cooperative basis.

(22) Telephone service on a mutual or cooperative

basis.

(23) Ownership and operation of water supply

facilities for drinking and general domestic use on a

mutual or cooperative basis.

(24) Ownership or administration of residential

property on a cooperative basis.

(25) Administration and operation of property owned on

a condominium basis or by a homeowner association.

(26) Administration and operation of an organization

on a cooperative basis producing or furnishing goods,

services, or facilities primarily for the benefit of its

members who are consumers of those goods, services, or

facilities.

(27) Operation of a community mental health board or

center organized pursuant to the Community Mental Health

Act for the purpose of providing direct patient services.

(28) Provision of debt management services as

authorized by the Debt Management Service Act.

(29) Promotion, operation, and administration of a

ridesharing arrangement as defined in Section 1-176.1 of

the Illinois Vehicle Code.

(30) The administration and operation of an

organization for the purpose of assisting low-income

consumers in the acquisition of utility and telephone

services.

(31) Any purpose permitted to be exempt from taxation

under Sections 501(c) or 501(d) of the United States

Internal Revenue Code, as now in or hereafter amended.

(32) Any purpose that would qualify for tax-deductible

gifts under the Section 170(c) of the United States

Internal Revenue Code, as now or hereafter amended. Any

such purpose is deemed to be charitable under subsection

(a)(1) of this Section.

(33) Furnishing of natural gas on a cooperative basis.

(34) Ownership and operation of agriculture-based

biogas (anaerobic digester) systems on a cooperative basis

including the marketing and sale of products produced from

these, including, but not limited to, methane gas,

electricity, and compost.

(35) Ownership and operation of a hemophilia program,

including comprehensive hemophilia diagnostic treatment

centers, under Section 501(a)(2) of the Social Security

Act. The hemophilia program may employ physicians, other

health care professionals, and staff. The program and the

corporate board may not exercise control over, direct, or

interfere with a physician's exercise and execution of his

or her professional judgment in the provision of care or

treatment.

(36) Engineering for conservation services associated

with wetland restoration or mitigation, flood mitigation,

groundwater recharge, and natural infrastructure.

Non-profit engineering for conservation services may not

be procured by qualifications based selection criteria for

contracts with the Department of Transportation, the

Illinois State Toll Highway Authority, or Cook County,

except as a subcontractor or subconsultant.

(b) A corporation may be organized hereunder to serve in

an area that adjoins or borders (except for any intervening

natural watercourse) an area located in an adjoining state

intended to be similarly served, and the corporation may join

any corporation created by the adjoining state having an

identical purpose and organized as a not-for-profit

corporation. Whenever any corporation organized under this Act

so joins with a foreign corporation having an identical

purpose, the corporation shall be permitted to do business in

Illinois as one corporation; provided (1) that the name, bylaw

provisions, officers, and directors of each corporation are

identical, (2) that the foreign corporation complies with the

provisions of this Act relating to the admission of foreign

corporation, and (3) that the Illinois corporation files a

statement with the Secretary of State indicating that it has

joined with a foreign corporation setting forth the name

thereof and the state of its incorporation.

(Source: P.A. 103-66, eff. 6-9-23; revised 9-21-23.)

Section 630. The Consumer Fraud and Deceptive Business

Practices Act is amended by setting forth, renumbering, and

changing multiple versions of Section 2BBBB as follows:

(815 ILCS 505/2BBBB)

Sec. 2BBBB. Deceptive practices related to limited

services pregnancy centers.

(a) As used in this Section:

"Abortion" means the use of any instrument, medicine,

drug, or any other substance or device to terminate the

pregnancy of an individual known to be pregnant with an

intention other than to increase the probability of a live

birth, to preserve the life or health of the child after live

birth, or to remove a dead fetus, as defined in Section 1-10 of

the Reproductive Health Act.

"Affiliates" has the meaning given to the term "hospital

affiliate" as defined in subsection (b) of Section 10.8 of the

Hospital Licensing Act.

"Emergency contraception" means one or more prescription

drugs (i) used separately or in combination for the purpose of

preventing pregnancy, (ii) administered to or

self-administered by a patient within a medically recommended

amount of time after sexual intercourse, and (iii) dispensed

for such purpose in accordance with professional standards of

practice.

"Limited services pregnancy center" means an organization

or facility, including a mobile facility, that:

(1) does not directly provide abortions or provide or

prescribe emergency contraception, or provide referrals

for abortions or emergency contraception, and has no

affiliation with any organization or provider who provides

abortions or provides or prescribes emergency

contraception; and

(2) has a primary purpose to offer or provide

pregnancy-related services to an individual who is or has

reason to believe the individual may be pregnant, whether

or not a fee is charged for such services.

"Limited services pregnancy center" does not include:

(1) a health care professional licensed by the

Department of Financial and Professional Regulation;

(2) a hospital licensed under the Hospital Licensing

Act and its affiliates; or

(3) a hospital licensed under the University of

Illinois Hospital Act and its affiliates.

"Limited services pregnancy center" includes an organization

or facility that has employees, volunteers, or agents who are

health care professionals licensed by the Department of

Financial and Professional Regulation.

"Pregnancy-related services" means any medical service, or

health counseling service, related to the prevention,

preservation, or termination of pregnancy, including, but not

limited to, contraception and contraceptive counseling,

pregnancy testing, pregnancy diagnosis, pregnancy options

counseling, limited obstetric ultrasound, obstetric

ultrasound, obstetric sonogram, sexually transmitted

infections testing, and prenatal care.

(b) A limited services pregnancy center shall not engage

in unfair methods of competition or unfair or deceptive acts

or practices, including the use or employment of any

deception, fraud, false pretense, false promise, or

misrepresentation, or the concealment, suppression, or

omission of any material fact, with the intent that others

rely upon the concealment, suppression, or omission of such

material fact:

(1) to interfere with or prevent an individual from

seeking to gain entry or access to a provider of abortion

or emergency contraception;

(2) to induce an individual to enter or access the

limited services pregnancy center;

(3) in advertising, soliciting, or otherwise offering

pregnancy-related services; or

(4) in conducting, providing, or performing

pregnancy-related services.

(c) A violation of this Section constitutes a violation of

this Act.

(Source: P.A. 103-270, eff. 7-27-23.)

(815 ILCS 505/2CCCC)

Sec. 2CCCC 2BBBB. Violations of the Vision Care Plan

Regulation Act. Any person who violates the Vision Care Plan

Regulation Act commits an unlawful practice within the meaning

of this Act.

(Source: P.A. 103-482, eff. 8-4-23; revised 9-26-23.)

(815 ILCS 505/2DDDD)

Sec. 2DDDD 2BBBB. Sale and marketing of firearms.

(a) As used in this Section:

"Firearm" has the meaning set forth in Section 1.1 of the

Firearm Owners Identification Card Act.

"Firearm accessory" means an attachment or device designed

or adapted to be inserted into, affixed onto, or used in

conjunction with a firearm that is designed, intended, or

functions to alter or enhance (i) the firing capabilities of a

firearm, frame, or receiver, (ii) the lethality of the

firearm, or (iii) a shooter's ability to hold and use a

firearm.

"Firearm ammunition" has the meaning set forth in Section

1.1 of the Firearm Owners Identification Card Act.

"Firearm industry member" means a person, firm,

corporation, company, partnership, society, joint stock

company, or any other entity or association engaged in the

design, manufacture, distribution, importation, marketing,

wholesale, or retail sale of firearm-related products,

including sales by mail, telephone, or Internet or in-person

sales.

"Firearm-related product" means a firearm, firearm

ammunition, a firearm precursor part, a firearm component, or

a firearm accessory that meets any of the following

conditions:

(1) the item is sold, made, or distributed in

Illinois;

(2) the item is intended to be sold or distributed in

Illinois; or

(3) the item is or was possessed in Illinois, and it

was reasonably foreseeable that the item would be

possessed in Illinois.

"Straw purchaser" means a person who (i) knowingly

purchases or attempts to purchase a firearm-related product

with intent to deliver that firearm-related product to another

person who is prohibited by federal or State law from

possessing a firearm-related product or (ii) intentionally

provides false or misleading information on a Bureau of

Alcohol, Tobacco, Firearms and Explosives firearms transaction

record form to purchase a firearm-related product with the

intent to deliver that firearm-related product to another

person.

"Unlawful paramilitary or private militia" means a group

of armed individuals, organized privately, in violation of the

Military Code of Illinois and Section 2 of Article XII of the

Illinois Constitution.

(b) It is an unlawful practice within the meaning of this

Act for any firearm industry member, through the sale,

manufacturing, importing, or marketing of a firearm-related

product, to do any of the following:

(1) Knowingly create, maintain, or contribute to a

condition in Illinois that endangers the safety or health

of the public by conduct either unlawful in itself or

unreasonable under all circumstances, including failing to

establish or utilize reasonable controls. Reasonable

controls include reasonable procedures, safeguards, and

business practices that are designed to:

(A) prevent the sale or distribution of a

firearm-related product to a straw purchaser, a person

prohibited by law from possessing a firearm, or a

person who the firearm industry member has reasonable

cause to believe is at substantial risk of using a

firearm-related product to harm themselves or another

individual or of possessing or using a firearm-related

product unlawfully;

(B) prevent the loss or theft of a firearm-related

product from the firearm industry member; or

(C) comply with all provisions of applicable

local, State, and federal law, and do not otherwise

promote the unlawful manufacture, sale, possession,

marketing, or use of a firearm-related product.

(2) Advertise, market, or promote a firearm-related

product in a manner that reasonably appears to support,

recommend, or encourage individuals to engage in unlawful

paramilitary or private militia activity in Illinois, or

individuals who are not in the National Guard, United

States armed forces reserves, United States armed forces,

or any duly authorized military organization to use a

firearm-related product for a military-related purpose in

Illinois.

(3) Except as otherwise provided, advertise, market,

promote, design, or sell any firearm-related product in a

manner that reasonably appears to support, recommend, or

encourage persons under 18 years of age to unlawfully

purchase or possess or use a firearm-related product in

Illinois.

(A) In determining whether the conduct of a

firearm industry member, as described in this

paragraph, reasonably appears to support, recommend,

or encourage persons under 18 years of age to

unlawfully purchase a firearm-related product, a court

shall consider the totality of the circumstances,

including, but not limited to, whether the marketing,

advertising promotion, design, or sale:

(i) uses caricatures that reasonably appear to

be minors or cartoon characters;

(ii) offers brand name merchandise for minors,

including, but not limited to, clothing, toys,

games, or stuffed animals, that promotes a firearm

industry member or firearm-related product;

(iii) offers firearm-related products in

sizes, colors, or designs that are specifically

designed to be used by, or appeal to, minors;

(iv) is part of a marketing, advertising, or

promotion campaign designed with the intent to

appeal to minors;

(v) uses images or depictions of minors in

advertising or marketing, or promotion materials,

to depict the use of firearm-related products; or

(vi) is placed in a publication created for

the purpose of reaching an audience that is

predominantly composed of minors and not intended

for a more general audience composed of adults.

(B) This paragraph does not apply to

communications or promotional materials regarding

lawful recreational activity with a firearm, such as,

but not limited to, practice shooting at targets on

established public or private target ranges or

hunting, trapping, or fishing in accordance with the

Wildlife Code or the Fish and Aquatic Life Code.

(4) Otherwise engage in unfair methods of competition

or unfair or deceptive acts or practices declared unlawful

under Section 2 of this Act.

(c) Paragraphs (2), (3), and (4) of subsection (b) are

declarative of existing law and shall not be construed as new

enactments. The provisions of these paragraphs shall apply to

all actions commenced or pending on or after August 14, 2023

(the effective date of Public Act 103-559) this amendatory Act

of the 103rd General Assembly.

(d) The provisions of this Section are severable under

Section 1.31 of the Statute on Statutes.

(Source: P.A. 103-559, eff. 8-14-23; revised 9-26-23.)

Section 635. The Minimum Wage Law is amended by changing

Section 12 as follows:

(820 ILCS 105/12)

Sec. 12. (a) If any employee is paid by his or her employer

less than the wage to which he or she is entitled under the

provisions of this Act, the employee may recover in a civil

action treble the amount of any such underpayments together

with costs and such reasonable attorney's fees as may be

allowed by the Court, and damages of 5% of the amount of any

such underpayments for each month following the date of

payment during which such underpayments remain unpaid. Any

agreement between the employee and the employer to work for

less than such wage is no defense to such action. At the

request of the employee or on motion of the Director of Labor,

the Department of Labor may make an assignment of such wage

claim in trust for the assigning employee and may bring any

legal action necessary to collect such claim, and the employer

shall be required to pay the costs incurred in collecting such

claim. Every such action shall be brought within 3 years from

the date of the underpayment. Such employer shall be liable to

the Department of Labor for a penalty in an amount of up to 20%

of the total employer's underpayment where the employer's

conduct is proven by a preponderance of the evidence to be

willful, repeated, or with reckless disregard of this Act or

any rule adopted under this Act. Such employer shall be liable

to the Department for an additional penalty of $1,500. All

administrative penalties ordered under this Act shall be paid

by certified check, money order, or by an electronic payment

system designated by the Department for such purposes, and

shall be made payable to or deposited into the Department's

Wage Theft Enforcement Fund. Such employer shall be

additionally liable to the employee for damages in the amount

of 5% of the amount of any such underpayments for each month

following the date of payment during which such underpayments

remain unpaid. These penalties and damages may be recovered in

a civil action brought by the Director of Labor in any circuit

court. In any such action, the Director of Labor shall be

represented by the Attorney General.

If an employee collects damages of 5% of the amount of

underpayments as a result of an action brought by the Director

of Labor, the employee may not also collect those damages in a

private action brought by the employee for the same violation.

If an employee collects damages of 5% of the amount of

underpayments in a private action brought by the employee, the

employee may not also collect those damages as a result of an

action brought by the Director of Labor for the same

violation.

(b) If an employee has not collected damages under

subsection (a) for the same violation, the Director is

authorized to supervise the payment of the unpaid minimum

wages and the unpaid overtime compensation owing to any

employee or employees under Sections 4 and 4a of this Act and

may bring any legal action necessary to recover the amount of

the unpaid minimum wages and unpaid overtime compensation and

an equal additional amount as damages, and the employer shall

be required to pay the costs incurred in collecting such

claim. Such employer shall be additionally liable to the

Department of Labor for up to 20% of the total employer's

underpayment where the employer's conduct is proven by a

preponderance of the evidence to be willful, repeated, or with

reckless disregard of this Act or any rule adopted under this

Act. Such employer shall be liable to the Department of Labor

for an additional penalty of $1,500, payable to the

Department's Wage Theft Enforcement Fund. The action shall be

brought within 5 years from the date of the failure to pay the

wages or compensation. Any sums thus recovered by the Director

on behalf of an employee pursuant to this subsection shall be

deposited into the Department of Labor Special State Trust

Fund, from which the Department shall disburse the sums owed

to the employee or employees. The Department shall conduct a

good faith search to find all employees for whom it has

recovered unpaid minimum wages or unpaid overtime

compensation. All disbursements authorized under this Section

shall be made by certified check, money order, or an

electronic payment system designated by the Department.

(c) The Department shall hold any moneys due to employees

that it is unable to locate in the Department of Labor Special

State Trust Fund for no less than 3 years after the moneys were

collected.

Beginning November 1, 2023, or as soon as is practical,

and each November 1 thereafter, the Department shall report

any moneys due to employees who cannot be located and that have

been held by the Department in the Department of Labor Special

State Trust Fund for 3 or more years and moneys due to

employees who are deceased to the State Treasurer as required

by the Revised Uniform Unclaimed Property Act. The Department

shall not be required to provide the notice required under

Section 15-501 of the Revised Uniform Unclaimed Property Act.

Beginning July 1, 2023, or as soon as is practical, and

each July 1 thereafter, the Department shall direct the State

Comptroller and State Treasurer to transfer from the

Department of Labor Special State Trust Fund the balance of

the moneys due to employees who cannot be located and that have

been held by the Department in the Department of Labor Special

State Trust Fund for 3 or more years and moneys due to

employees who are deceased as follows: (i) 15% to the Wage

Theft Enforcement Fund and (ii) 85% to the Unclaimed Property

Trust Fund.

The Department may use moneys in the Wage Theft

Enforcement Fund for the purposes described in Section 14 of

the Illinois Wage Payment and Collection Act.

(d) The Department may adopt rules to implement and

administer this Section.

(Source: P.A. 103-182, eff. 6-30-23; 103-201, eff. 1-1-24;

revised 12-15-23.)

Section 640. The Equal Pay Act of 2003 is amended by

changing Section 30 as follows:

(820 ILCS 112/30)

(Text of Section before amendment by P.A. 103-539)

Sec. 30. Violations; fines and penalties.

(a) If an employee is paid by his or her employer less than

the wage to which he or she is entitled in violation of Section

10 or 11 of this Act, the employee may recover in a civil

action the entire amount of any underpayment together with

interest, compensatory damages if the employee demonstrates

that the employer acted with malice or reckless indifference,

punitive damages as may be appropriate, injunctive relief as

may be appropriate, and the costs and reasonable attorney's

fees as may be allowed by the court and as necessary to make

the employee whole. At the request of the employee or on a

motion of the Director, the Department may make an assignment

of the wage claim in trust for the assigning employee and may

bring any legal action necessary to collect the claim, and the

employer shall be required to pay the costs incurred in

collecting the claim. Every such action shall be brought

within 5 years from the date of the underpayment. For purposes

of this Act, "date of the underpayment" means each time wages

are underpaid.

(a-5) If an employer violates subsection (b), (b-5),

(b-10), or (b-20) of Section 10, the employee may recover in a

civil action any damages incurred, special damages not to

exceed $10,000, injunctive relief as may be appropriate, and

costs and reasonable attorney's fees as may be allowed by the

court and as necessary to make the employee whole. If special

damages are available, an employee may recover compensatory

damages only to the extent such damages exceed the amount of

special damages. Such action shall be brought within 5 years

from the date of the violation.

(b) The Director is authorized to supervise the payment of

the unpaid wages under subsection (a) or damages under

subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing

to any employee or employees under this Act and may bring any

legal action necessary to recover the amount of unpaid wages,

damages, and penalties or to seek injunctive relief, and the

employer shall be required to pay the costs. Any sums

recovered by the Director on behalf of an employee under this

Section shall be paid to the employee or employees affected.

(c) Employers who violate any provision of this Act or any

rule adopted under the Act are subject to a civil penalty,

payable to the Department, for each employee affected as

follows:

(1) An employer with fewer than 4 employees: first

offense, a fine not to exceed $500; second offense, a fine

not to exceed $2,500; third or subsequent offense, a fine

not to exceed $5,000.

(2) An employer with between 4 and 99 employees: first

offense, a fine not to exceed $2,500; second offense, a

fine not to exceed $3,000; third or subsequent offense, a

fine not to exceed $5,000.

(3) An employer with 100 or more employees who

violates any Section of this Act except for Section 11

shall be fined up to $10,000 per employee affected. An

employer with 100 or more employees that is a business as

defined under Section 11 and commits a violation of

Section 11 shall be fined up to $10,000.

Before any imposition of a penalty under this subsection,

an employer with 100 or more employees who violates item (b) of

Section 11 and inadvertently fails to file an initial

application or recertification shall be provided 30 calendar

days by the Department to submit the application or

recertification.

An employer or person who violates subsection (b), (b-5),

(b-10), (b-20), or (c) of Section 10 is subject to a civil

penalty not to exceed $5,000 for each violation for each

employee affected, payable to the Department.

(d) In determining the amount of the penalty, the

appropriateness of the penalty to the size of the business of

the employer charged and the gravity of the violation shall be

considered. The penalty may be recovered in a civil action

brought by the Director in any circuit court.

(Source: P.A. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24.)

(Text of Section after amendment by P.A. 103-539)

Sec. 30. Violations; fines and penalties.

(a) If an employee is paid by his or her employer less than

the wage to which he or she is entitled in violation of Section

10 or 11 of this Act, the employee may recover in a civil

action the entire amount of any underpayment together with

interest, compensatory damages if the employee demonstrates

that the employer acted with malice or reckless indifference,

punitive damages as may be appropriate, injunctive relief as

may be appropriate, and the costs and reasonable attorney's

fees as may be allowed by the court and as necessary to make

the employee whole. At the request of the employee or on a

motion of the Director, the Department may make an assignment

of the wage claim in trust for the assigning employee and may

bring any legal action necessary to collect the claim, and the

employer shall be required to pay the costs incurred in

collecting the claim. Every such action shall be brought

within 5 years from the date of the underpayment. For purposes

of this Act, "date of the underpayment" means each time wages

are underpaid.

(a-5) If an employer violates subsection (b), (b-5),

(b-10), or (b-20) of Section 10, the employee may recover in a

civil action any damages incurred, special damages not to

exceed $10,000, injunctive relief as may be appropriate, and

costs and reasonable attorney's fees as may be allowed by the

court and as necessary to make the employee whole. If special

damages are available, an employee may recover compensatory

damages only to the extent such damages exceed the amount of

special damages. Such action shall be brought within 5 years

from the date of the violation.

(b) The Director is authorized to supervise the payment of

the unpaid wages under subsection (a) or damages under

subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing

to any employee or employees under this Act and may bring any

legal action necessary to recover the amount of unpaid wages,

damages, and penalties or to seek injunctive relief, and the

employer shall be required to pay the costs. Any sums

recovered by the Director on behalf of an employee under this

Section shall be paid to the employee or employees affected.

(c) Employers who violate any provision of this Act or any

rule adopted under the Act, except for a violation of

subsection (b-25) of Section 10, are subject to a civil

penalty, payable to the Department, for each employee affected

as follows:

(1) An employer with fewer than 4 employees: first

offense, a fine not to exceed $500; second offense, a fine

not to exceed $2,500; third or subsequent offense, a fine

not to exceed $5,000.

(2) An employer with between 4 and 99 employees: first

offense, a fine not to exceed $2,500; second offense, a

fine not to exceed $3,000; third or subsequent offense, a

fine not to exceed $5,000.

(3) An employer with 100 or more employees who

violates any Section of this Act except for Section 11

shall be fined up to $10,000 per employee affected. An

employer with 100 or more employees that is a business as

defined under Section 11 and commits a violation of

Section 11 shall be fined up to $10,000.

Before any imposition of a penalty under this subsection,

an employer with 100 or more employees who violates item (b) of

Section 11 and inadvertently fails to file an initial

application or recertification shall be provided 30 calendar

days by the Department to submit the application or

recertification.

An employer or person who violates subsection (b), (b-5),

(b-10), (b-20), or (c) of Section 10 is subject to a civil

penalty not to exceed $5,000 for each violation for each

employee affected, payable to the Department.

(c-5) The Department may initiate investigations of

alleged violations of subsection (b-25) of Section 10 upon

receiving a complaint from any person that claims to be

aggrieved by a violation of that subsection or at the

Department's discretion. Any person that claims to be

aggrieved by a violation of subsection (b-25) of Section 10

may submit a complaint of an alleged violation of that

subsection to the Department within one year after the date of

the violation. If the Department has determined that a

violation has occurred, it shall issue to the employer a

notice setting forth the violation, the applicable penalty as

described in subsections (c-10) and (c-15), and the period to

cure the violation as described in subsection (c-10).

(c-7) A job posting found to be in violation of subsection

(b-25) of Section 10 shall be considered as one violating job

posting regardless of the number of duplicative postings that

list the job opening.

(c-10) The penalties for a job posting or batch of

postings that are active at the time the Department issues a

notice of violation for violating subsection (b-25) of Section

10 are as follows:

(1) For a first offense, following a cure period of 14

days to remedy the violation, a fine not to exceed $500 at

the discretion of the Department. A first offense may be

either a single job posting that violates subsection

(b-25) of Section 10 or multiple job postings that violate

subsection (b-25) of Section 10 and are identified at the

same time by the Department. The Department shall have

discretion to waive any civil penalty under this

paragraph.

(2) For a second offense, following a cure period of 7

days to remedy the violation, a fine not to exceed $2,500

at the discretion of the Department. A second offense is a

single job posting that violates subsection (b-25) of

Section 10. The Department shall have discretion to waive

any civil penalty under this paragraph.

(3) For a third or subsequent offense, no cure period,

a fine not to exceed $10,000 at the discretion of the

Department. A third or subsequent offense is a single job

posting that violates subsection (b-25) of Section 10. The

Department shall have discretion to waive any civil

penalty under this paragraph. If a company has had a third

offense, it shall incur automatic penalties without a cure

period for a period of 5 years, at the completion of which

any future offense shall count as a first offense. The

5-year period shall restart if, during that period, an

employer receives a subsequent notice of violation from

the Department.

(c-15) The penalties for a job posting or batch of job

postings that are not active at the time the Department issues

a notice of violation for violating subsection (b-25) of

Section 10 are as follows:

(1) For a first offense, a fine not to exceed $250 at

the discretion of the Department. A first offense may be

either a single job posting that violates subsection

(b-25) of Section 10 or multiple job postings that violate

subsection (b-25) of Section 10 and are identified at the

same time by the Department. The Department shall have

discretion to waive any civil penalty under this

paragraph.

(2) For a second offense, a fine not to exceed $2,500

at the discretion of the Department. A second offense is a

single job posting that violates subsection (b-25) of

Section 10. The Department shall have discretion to waive

any civil penalty under this paragraph.

(3) For a third or subsequent offense, a fine not to

exceed $10,000 at the discretion of the Department. A

third or subsequent offense is a single job posting that

violates subsection (b-25) of Section 10. The Department

shall have discretion to waive any civil penalty under

this paragraph.

For the purposes of this subsection, the Department,

during its investigation of a complaint, shall make a

determination as to whether a job posting is not active by

considering the totality of the circumstances, including, but

not limited to: (i) whether a position has been filled; (ii)

the length of time a posting has been accessible to the public;

(iii) the existence of a date range for which a given position

is active; and (iv) whether the violating posting is for a

position for which the employer is no longer accepting

applications.

(d) In determining the amount of the penalty under this

Section, the appropriateness of the penalty to the size of the

business of the employer charged and the gravity of the

violation shall be considered. The penalty may be recovered in

a civil action brought by the Director in any circuit court.

(Source: P.A. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24;

103-539, eff. 1-1-25; revised 9-27-23.)

Section 645. The Prevailing Wage Act is amended by

changing Section 2 as follows:

(820 ILCS 130/2)

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;

(iii) all projects undertaken under a public-private agreement

under the Public-Private Partnerships for Transportation Act

or the Department of Natural Resources World Shooting and

Recreational Complex Act; and (iv) all transportation

facilities undertaken under a design-build contract or a

Construction Manager/General Contractor contract under the

Innovations for Transportation Infrastructure 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" also includes power washing projects by a

public body or paid for wholly or in part out of public funds

in which steam or pressurized water, with or without added

abrasives or chemicals, is used to remove paint or other

coatings, oils or grease, corrosion, or debris from a surface

or to prepare a surface for a coating. "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" also includes all

construction projects involving fixtures or permanent

attachments affixed to light poles that are owned by a public

body, including street light poles, traffic light poles, and

other lighting fixtures, whether or not done under public

supervision or direction, or paid for wholly or in part out of

public funds, unless the project is performed by employees

employed directly by the public body. "Public works" also

includes work performed subject to the Mechanical Insulation

Energy and Safety Assessment Act. "Public works" also includes

the removal, hauling, and transportation of biosolids, lime

sludge, and lime residue from a water treatment plant or

facility and the disposal of biosolids, lime sludge, and lime

residue removed from a water treatment plant or facility at a

landfill. "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; 102-813, eff. 5-13-22; 102-1094, eff.

6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,

eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23;

revised 12-15-23.)

Section 650. The Day and Temporary Labor Services Act is

amended by changing Section 45 as follows:

(820 ILCS 175/45)

Sec. 45. Registration; Department of Labor.

(a) A day and temporary labor service agency which is

located, operates or transacts business within this State

shall register with the Department of Labor in accordance with

rules adopted by the Department for day and temporary labor

service agencies and shall be subject to this Act and any rules

adopted under this Act. Each day and temporary labor service

agency shall provide proof of an employer account number

issued by the Department of Employment Security for the

payment of unemployment insurance contributions as required

under the Unemployment Insurance Act, and proof of valid

workers' compensation insurance in effect at the time of

registration covering all of its employees. If, at any time, a

day and temporary labor service agency's workers' compensation

insurance coverage lapses, the agency shall have an

affirmative duty to report the lapse of such coverage to the

Department and the agency's registration shall be suspended

until the agency's workers' compensation insurance is

reinstated. The Department may assess each day and temporary

labor service agency a non-refundable registration fee not

exceeding $3,000 per year per agency and a non-refundable fee

not to exceed $750 for each branch office or other location

where the agency regularly contracts with day or temporary

laborers for services. The fee may be paid by check, money

order, or the State Treasurer's E-Pay program or any successor

program, and the Department may not refuse to accept a check on

the basis that it is not a certified check or a cashier's

check. The Department may charge an additional fee to be paid

by a day and temporary labor service agency if the agency, or

any person on the agency's behalf, issues or delivers a check

to the Department that is not honored by the financial

institution upon which it is drawn. The Department shall also

adopt rules for violation hearings and penalties for

violations of this Act or the Department's rules in

conjunction with the penalties set forth in this Act.

(a-1) At the time of registration with the Department of

Labor each year, the day and temporary labor service agency

shall submit to the Department of Labor a report containing

the information identified in paragraph (9) of subsection (a)

of Section 12, broken down by branch office, in the aggregate

for all day or temporary laborers assigned within Illinois and

subject to this Act during the preceding year. This

information shall be submitted on a form created by the

Department of Labor. The Department of Labor shall aggregate

the information submitted by all registering day and temporary

labor service agencies by removing identifying data and shall

have the information available to the public only on a

municipal and county basis. As used in this paragraph,

"identifying data" means any and all information that: (i)

provides specific information on individual worker identity;

(ii) identifies the service agency in any manner; and (iii)

identifies clients utilizing the day and temporary labor

service agency or any other information that can be traced

back to any specific registering day and temporary labor

service agency or its client. The information and reports

submitted to the Department of Labor under this subsection by

the registering day and temporary labor service agencies are

exempt from inspection and copying under Section 7.5 of the

Freedom of Information Act.

(b) It is a violation of this Act to operate a day and

temporary labor service agency without first registering with

the Department in accordance with subsection (a) of this

Section. The Department shall create and maintain at regular

intervals on its website, accessible to the public: (1) a list

of all registered day and temporary labor service agencies in

the State whose registration is in good standing; (2) a list of

day and temporary labor service agencies in the State whose

registration has been suspended, including the reason for the

suspension, the date the suspension was initiated, and the

date, if known, the suspension is to be lifted; and (3) a list

of day and temporary labor service agencies in the State whose

registration has been revoked, including the reason for the

revocation and the date the registration was revoked. The

Department has the authority to assess a penalty against any

day and temporary labor service agency that fails to register

with the Department of Labor in accordance with this Act or any

rules adopted under this Act of $500 for each violation. Each

day during which a day and temporary labor service agency

operates without registering with the Department shall be a

separate and distinct violation of this Act.

(c) An applicant is not eligible to register to operate a

day and temporary labor service agency under this Act if the

applicant or any of its officers, directors, partners, or

managers or any owner of 25% or greater beneficial interest:

(1) has been involved, as owner, officer, director,

partner, or manager, of any day and temporary labor

service agency whose registration has been revoked or has

been suspended without being reinstated within the 5 years

immediately preceding the filing of the application; or

(2) is under the age of 18.

(d) Every agency shall post and keep posted at each

location, in a position easily accessible to all day or

temporary laborers s, notices as supplied and required by the

Department containing a copy or summary of the provisions of

the Act and a notice which informs the public of a toll-free

telephone number for day or temporary laborers and the public

to file wage dispute complaints and other alleged violations

by day and temporary labor service agencies. Every day and

temporary labor service agency employing day or temporary

laborers who communicate with the day and temporary labor

service agency by electronic communication shall also provide

all required notices by email to its day or temporary laborers

or on a website, regularly used by the employer to communicate

work-related information, that all day or temporary laborers

are able to regularly access, freely and without interference.

Such notices shall be in English and any other language

generally understood in the locale of the day and temporary

labor service agency.

(Source: P.A. 103-201, eff. 1-1-24; 103-437, eff. 8-4-23;

revised 12-15-23.)

Section 655. The Paid Leave for All Workers Act is amended

by changing Section 15 as follows:

(820 ILCS 192/15)

Sec. 15. Provision of paid leave.

(a) An employee who works in Illinois is entitled to earn

and use up to a minimum of 40 hours of paid leave during a

12-month period or a pro rata number of hours of paid leave

under the provisions of subsection (b). The paid leave may be

used by the employee for any purpose as long as the paid leave

is taken in accordance with the provisions of this Act.

(b) Paid leave under this Act shall accrue at the rate of

one hour of paid leave for every 40 hours worked up to a

minimum of 40 hours of paid leave or such greater amount if the

employer provides more than 40 hours. Employees who are exempt

from the overtime requirements of the federal Fair Labor

Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40

hours in each workweek for purposes of paid leave accrual

unless their regular workweek is less than 40 hours, in which

case paid leave accrues based on that regular workweek.

Employees shall determine how much paid leave they need to

use, however employers may set a reasonable minimum increment

for the use of paid leave not to exceed 2 hours per day. If an

employee's scheduled workday is less than 2 hours per day, the

employee's scheduled workday shall be used to determine the

amount of paid leave.

(c) An employer may make available the minimum number of

hours of paid leave, subject to pro rata requirements provided

in subsection (b), to an employee on the first day of

employment or the first day of the 12-month period. Employers

that provide the minimum number of hours of paid leave to an

employee on the first day of employment or the first day of the

12-month period are not required to carryover paid leave from

12-month period to 12-month period and may require employees

to use all paid leave prior to the end of the benefit period or

forfeit the unused paid leave. However, under no circumstances

shall an employee be credited with paid leave that is less than

what the employee would have accrued under subsections (a) and

(g) of this Section.

(d) The 12-month period may be any consecutive 12-month

period designated by the employer in writing at the time of

hire. Changes to the 12-month period may be made by the

employer if notice is given to employees in writing prior to

the change and the change does not reduce the eligible accrual

rate and paid leave available to the employee. If the employer

changes the designated 12-month period, the employer shall

provide the employee with documentation of the balance of

hours worked, paid leave accrued and taken, and the remaining

paid leave balance.

(e) Paid leave under this Act may be taken by an employee

for any reason of the employee's choosing. An employee is not

required to provide an employer a reason for the leave and may

not be required to provide documentation or certification as

proof or in support of the leave. An employee may choose

whether to use paid leave provided under this Act prior to

using any other leave provided by the employer or State law.

(f) Employees shall be paid their hourly rate of pay for

paid leave. However, employees engaged in an occupation in

which gratuities or commissions have customarily and usually

constituted and have been recognized as part of the

remuneration for hire purposes shall be paid by their employer

at least the full minimum wage in the jurisdiction in which

they are employed when paid leave is taken. This wage shall be

treated as the employee's regular rate of pay for purposes of

this Act.

(g) Paid leave under this Act shall begin to accrue at the

commencement of employment or on the effective date of this

Act, whichever is later. Employees shall be entitled to begin

using paid leave 90 days following commencement of their

employment or 90 days following the effective date of this

Act, whichever is later.

(h) Paid leave under this Act shall be provided upon the

oral or written request of an employee in accordance with the

employer's reasonable paid leave policy notification

requirements which may include the following:

(1) If use of paid leave under this Act is

foreseeable, the employer may require the employee to

provide 7 calendar days' notice before the date the leave

is to begin.

(2) If paid leave under this Act is not foreseeable,

the employee shall provide such notice as soon as is

practicable after the employee is aware of the necessity

of the leave. An employer that requires notice of paid

leave under this Act when the leave is not foreseeable

shall provide a written policy that contains procedures

for the employee to provide notice.

(3) Employers shall provide employees with written

notice of the paid leave policy notification requirements

in this Section in the manner provided in Section 20 for

notice and posting and within 5 calendar days of any

change to the employer's reasonable paid leave policy

notification requirements.

(4) An employer may not require, as a condition of

providing paid leave under this Act, that the employee

search for or find a replacement worker to cover the hours

during which the employee takes paid leave.

(i) Except as provided in subsection (c), paid leave under

this Act shall carry over annually to the extent not used by

the employee, provided that nothing in this Act shall be

construed to require an employer to provide more than 40 hours

of paid leave for an employee in the 12-month period unless the

employer agrees to do so.

(j) Nothing in this Section or any other Illinois law or

rule shall be construed as requiring financial or other

payment to an employee from an employer upon the employee's

termination, resignation, retirement, or other separation from

employment for paid leave accrued under this Act that has not

been used. Nothing in this Section or any other Illinois law or

rule shall be construed as requiring financial or other

reimbursements to an employee from an employer for unused paid

leave under this Act at the end of the benefit year or any

other time.

(k) If an employee is transferred to a separate division,

entity, or location, but remains employed by the same

employer, the employee is entitled to all paid leave accrued

at the prior division, entity, or location and is entitled to

use all paid leave as provided in this Section. If there is a

separation from employment and the employee is rehired within

12 months of separation by the same employer, previously

accrued paid leave that had not been used by the employee shall

be reinstated. The employee shall be entitled to use accrued

paid leave at the commencement of employment following a

separation from employment of 12 months or less.

(l) Paid leave under this Act shall not be charged or

otherwise credited to an employee's paid time off bank or

employee account unless the employer's policy permits such a

credit. If the paid leave under this Act is credited to an

employee's paid time off bank or employee vacation account

then any unused paid leave shall be paid to the employee upon

the employee's termination, resignation, retirement, or other

separation to the same extent as vacation time under existing

Illinois law or rule. Nothing in this Act shall be construed to

waive or otherwise limit an employee's right to final

compensation for promised and earned, but unpaid vacation time

or paid time off, as provided under the Illinois Wage Payment

and Collection Act and rules. Employers shall provide

employees with written notice of changes to the employer's

vacation time, paid time off, or other paid leave policies

that affect an employee's right to final compensation for such

leave.

(m) During any period an employee takes leave under this

Act, the employer shall maintain coverage for the employee and

any family member under any group health plan for the duration

of such leave at no less than the level and conditions of

coverage that would have been provided if the employee had not

taken the leave. The employer shall notify the employee that

the employee is still responsible for paying the employee's

share of the cost of the health care coverage, if any.

(n) Nothing in this Act shall be deemed to interfere with,

impede, or in any way diminish the right of employees to

bargain collectively with their employers through

representatives of their own choosing in order to establish

wages or other conditions of work in excess of the applicable

minimum standards established in this Act. The paid leave

requirements of this Act may be waived in a bona fide

collective bargaining agreement, but only if the waiver is set

forth explicitly in such agreement in clear and unambiguous

terms.

Nothing in this Act shall be deemed to affect the validity

or change the terms of bona fide collective bargaining

agreements in effect on January 1, 2024. After that date,

requirements of this Act may be waived in a bona fide

collective bargaining agreement, but only if the waiver is set

forth explicitly in such agreement in clear and unambiguous

terms.

In no event shall this Act apply to any employee working in

the construction industry who is covered by a bona fide

collective bargaining agreement, nor shall this Act apply to

any employee who is covered by a bona fide collective

bargaining agreement with an employer that provides services

nationally and internationally of delivery, pickup, and

transportation of parcels, documents, and freight.

Notwithstanding the provisions of this subsection, nothing

in this Act shall be deemed to affect the validity or change

the terms of a bona fide collective bargaining agreement

applying to an employee who is employed by a State agency that

is in effect on July 1, 2024. After that date, requirements of

this Act may be waived in a bona fide collective bargaining

agreement, but only if the waiver is set forth explicitly in

such agreement in clear and unambiguous terms. As used in this

subsection, "State agency" has the same meaning as set forth

in Section 4 of the Forms Notice Act.

(o) An agreement by an employee to waive his or her rights

under this Act is void as against public policy.

(p) The provisions of this Act shall not apply to any

employer that is covered by a municipal or county ordinance

that is in effect on the effective date of this Act that

requires employers to give any form of paid leave to their

employees, including paid sick leave or paid leave.

Notwithstanding the provisions of this subsection, any

employer that is not required to provide paid leave to its

employees, including paid sick leave or paid leave, under a

municipal or county ordinance that is in effect on the

effective date of this Act shall be subject to the provisions

of this Act if the employer would be required to provide paid

leave under this Act to its employees.

Any local ordinance that provides paid leave, including

paid sick leave or paid leave, enacted or amended after the

effective date of this Act must comply with the requirements

of this Act or provide benefits, rights, and remedies that are

greater than or equal to the benefits, rights, and remedies

afforded under this Act.

An employer in a municipality or county that enacts or

amends a local ordinance that provides paid leave, including

paid sick leave or paid leave, after the effective date of this

Act shall only comply with the local ordinance or ordinances

so long as the benefits, rights, and remedies are greater than

or equal to the benefits, rights, and remedies afforded under

this Act.

(Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.)

Section 660. The Child Labor Law is amended by changing

Sections 17 and 17.3 as follows:

(820 ILCS 205/17) (from Ch. 48, par. 31.17)

Sec. 17. It shall be the duty of the Department of Labor to

enforce the provisions of this Act. The Department of Labor

shall have the power to conduct investigations in connection

with the administration and enforcement of this Act and the

authorized officers and employees of the Department of Labor

are hereby authorized and empowered, to visit and inspect, at

all reasonable times and as often as possible, all places

covered by this Act. Truant officers and other school

officials authorized by the board of education or school

directors shall report violations under this Act to the

Department of Labor, and may enter any place in which children

are, or are believed to be employed and inspect the work

certificates on file. Such truant officers or other school

officials also are authorized to file complaints against any

employer found violating the provisions of this Act in case no

complaints for such violations are pending; and when such

complaints are filed by truant officers or other school

officials, the State's Attorneys attorneys of this State state

shall appear for the people, and attend to the prosecution of

such complaints. The Department of Labor shall conduct

hearings in accordance with the "The Illinois Administrative

Procedure Act", approved September 22, 1975, as amended, upon

written complaint by an investigator of the Department of

Labor, truant officer, or other school official, or any

interested person of a violation of the Act or to revoke any

certificate under this Act. After such hearing, if supported

by the evidence, the Department of Labor may issue and cause to

be served on any party an order to cease and desist from

violation of the Act, take such further affirmative or other

action as deemed reasonable to eliminate the effect of the

violation, and may revoke any certificate issued under the Act

and determine the amount of any civil penalty allowed by the

Act. The Department may serve such orders by certified mail or

by sending a copy by email to an email address previously

designated by the party for purposes of receiving notice under

this Act. An email address provided by the party in the course

of the administrative proceeding shall not be used in any

subsequent proceedings, unless the party designates that email

address for the subsequent proceeding. The Director of Labor

or his authorized representative may compel by subpoena, the

attendance and testimony of witnesses and the production of

books, payrolls, records, papers and other evidence in any

investigation or hearing and may administer oaths to

witnesses.

(Source: P.A. 103-201, eff. 1-1-24; revised 1-2-24.)

(820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)

Sec. 17.3. Any employer who violates any of the provisions

of this Act or any rule or regulation issued under the Act

shall be subject to a civil penalty of not to exceed $5,000 for

each such violation. In determining the amount of such

penalty, the appropriateness of such penalty to the size of

the business of the employer charged and the gravity of the

violation shall be considered. The amount of such penalty,

when finally determined, may be

(1) recovered in a civil action brought by the

Director of Labor in any circuit court, in which

litigation the Director of Labor shall be represented by

the Attorney General;

(2) ordered by the court, in an action brought for

violation under Section 19, to be paid to the Director of

Labor.

Any administrative determination by the Department of

Labor of the amount of each penalty shall be final unless

reviewed as provided in Section 17.1 of this Act.

Civil penalties recovered under this Section shall be paid

by certified check, money order, or by an electronic payment

system designated by the Department, and deposited into the

Child Labor and Day and Temporary Labor Services Enforcement

Fund, a special fund which is hereby created in the State

treasury. Moneys in the Fund may be used, subject to

appropriation, for exemplary programs, demonstration projects,

and other activities or purposes related to the enforcement of

this Act or for the activities or purposes related to the

enforcement of the Day and Temporary Labor Services Act, or

for the activities or purposes related to the enforcement of

the Private Employment Agency Act.

(Source: P.A. 103-201, eff. 1-1-24; revised 9-21-23.)

Section 665. The Line of Duty Compensation Act is amended

by changing Section 2 as follows:

(820 ILCS 315/2) (from Ch. 48, par. 282)

Sec. 2. As used in this Act, unless the context otherwise

requires:

(a) "Law enforcement officer" or "officer" means any

person employed by the State or a local governmental entity as

a policeman, peace officer, auxiliary policeman or in some

like position involving the enforcement of the law and

protection of the public interest at the risk of that person's

life. This includes supervisors, wardens, superintendents and

their assistants, guards and keepers, correctional officers,

youth supervisors, parole agents, aftercare specialists,

school teachers, and correctional counselors counsellors in

all facilities of both the Department of Corrections and the

Department of Juvenile Justice, while within the facilities

under the control of the Department of Corrections or the

Department of Juvenile Justice or in the act of transporting

inmates or wards from one location to another or while

performing their official duties, and all other Department of

Corrections Correction or Department of Juvenile Justice

employees who have daily contact with inmates. For the

purposes of this Act, "law enforcement officer" or "officer"

also means a probation officer, as defined in Section 9b of the

Probation and Probation Officers Act.

The death of the foregoing employees of the Department of

Corrections or the Department of Juvenile Justice in order to

be included herein must be by the direct or indirect willful

act of an inmate, ward, work-releasee, parolee, aftercare

releasee, parole violator, aftercare release violator, person

under conditional release, or any person sentenced or

committed, or otherwise subject to confinement in or to the

Department of Corrections or the Department of Juvenile

Justice.

(b) "Fireman" means any person employed by the State or a

local governmental entity as, or otherwise serving as, a

member or officer of a fire department either for the purpose

of the prevention or control of fire or the underwater

recovery of drowning victims, including volunteer firemen.

(c) "Local governmental entity" includes counties,

municipalities, and municipal corporations.

(d) "State" means the State of Illinois and its

departments, divisions, boards, bureaus, commissions,

authorities, and colleges and universities.

(e) "Killed in the line of duty" means losing one's life as

a result of injury received in the active performance of

duties as a law enforcement officer, civil defense worker,

civil air patrol member, paramedic, fireman, or chaplain if

the death occurs within one year from the date the injury was

received and if that injury arose from violence or other

accidental cause. In the case of a State employee, "killed in

the line of duty" means losing one's life as a result of injury

received in the active performance of one's duties as a State

employee, if the death occurs within one year from the date the

injury was received and if that injury arose from a willful act

of violence by another State employee committed during such

other employee's course of employment and after January 1,

1988. The term excludes death resulting from the willful

misconduct or intoxication of the officer, civil defense

worker, civil air patrol member, paramedic, fireman, chaplain,

or State employee. However, the burden of proof of such

willful misconduct or intoxication of the officer, civil

defense worker, civil air patrol member, paramedic, fireman,

chaplain, or State employee is on the Attorney General.

Subject to the conditions set forth in subsection (a) with

respect to inclusion under this Act of Department of

Corrections and Department of Juvenile Justice employees

described in that subsection, for the purposes of this Act,

instances in which a law enforcement officer receives an

injury in the active performance of duties as a law

enforcement officer include, but are not limited to, instances

when:

(1) the injury is received as a result of a willful

wilful act of violence committed other than by the officer

and a relationship exists between the commission of such

act and the officer's performance of his duties as a law

enforcement officer, whether or not the injury is received

while the officer is on duty as a law enforcement officer;

(2) the injury is received by the officer while the

officer is attempting to prevent the commission of a

criminal act by another or attempting to apprehend an

individual the officer suspects has committed a crime,

whether or not the injury is received while the officer is

on duty as a law enforcement officer;

(3) the injury is received by the officer while the

officer is traveling travelling to or from his employment

as a law enforcement officer or during any meal break, or

other break, which takes place during the period in which

the officer is on duty as a law enforcement officer.

In the case of an Armed Forces member, "killed in the line

of duty" means losing one's life while on active duty in

connection with the September 11, 2001 terrorist attacks on

the United States, Operation Enduring Freedom, Operation

Freedom's Sentinel, Operation Iraqi Freedom, Operation New

Dawn, or Operation Inherent Resolve.

(f) "Volunteer fireman" means a person having principal

employment other than as a fireman, but who is carried on the

rolls of a regularly constituted fire department either for

the purpose of the prevention or control of fire or the

underwater recovery of drowning victims, the members of which

are under the jurisdiction of the corporate authorities of a

city, village, incorporated town, or fire protection district,

and includes a volunteer member of a fire department organized

under the "General Not for Profit Corporation Act", approved

July 17, 1943, as now or hereafter amended, which is under

contract with any city, village, incorporated town, fire

protection district, or persons residing therein, for fire

fighting services. "Volunteer fireman" does not mean an

individual who volunteers assistance without being regularly

enrolled as a fireman.

(g) "Civil defense worker" means any person employed by

the State or a local governmental entity as, or otherwise

serving as, a member of a civil defense work force, including

volunteer civil defense work forces engaged in serving the

public interest during periods of disaster, whether natural or

man-made.

(h) "Civil air patrol member" means any person employed by

the State or a local governmental entity as, or otherwise

serving as, a member of the organization commonly known as the

"Civil Air Patrol", including volunteer members of the

organization commonly known as the "Civil Air Patrol".

(i) "Paramedic" means an Emergency Medical

Technician-Paramedic certified by the Illinois Department of

Public Health under the Emergency Medical Services (EMS)

Systems Act, and all other emergency medical personnel

certified by the Illinois Department of Public Health who are

members of an organized body or not-for-profit corporation

under the jurisdiction of a city, village, incorporated town,

fire protection district, or county, that provides emergency

medical treatment to persons of a defined geographical area.

(j) "State employee" means any employee as defined in

Section 14-103.05 of the Illinois Pension Code, as now or

hereafter amended.

(k) "Chaplain" means an individual who:

(1) is a chaplain of (i) a fire department or (ii) a

police department or other agency consisting of law

enforcement officers; and

(2) has been designated a chaplain by (i) the fire

department, police department, or other agency or an

officer or body having jurisdiction over the department or

agency or (ii) a labor organization representing the

firemen or law enforcement officers.

(l) "Armed Forces member" means an Illinois resident who

is: a member of the Armed Forces of the United States; a member

of the Illinois National Guard while on active military

service pursuant to an order of the President of the United

States; or a member of any reserve component of the Armed

Forces of the United States while on active military service

pursuant to an order of the President of the United States.

(Source: P.A. 102-221, eff. 1-1-22; revised 1-20-24.)

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