HB0307 Enrolled LRB102 11622 KTG 16956 b
1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Nature of this Act.
5		(a) This Act may be cited as the Second 2021 General
6		Revisory Act.
7		(b) This Act is not intended to make any substantive
8		change in the law. It reconciles conflicts that have arisen
9		from multiple amendments and enactments and makes technical
10		corrections and revisions in the law.
11		This Act revises and, where appropriate, renumbers certain
12		Sections that have been added or amended by more than one
13		Public Act. In certain cases in which a repealed Act or Section
14		has been replaced with a successor law, this Act may
15		incorporate amendments to the repealed Act or Section into the
16		successor law. This Act also corrects errors, revises
17		cross-references, and deletes obsolete text.
18		(c) In this Act, the reference at the end of each amended
19		Section indicates the sources in the Session Laws of Illinois
20		that were used in the preparation of the text of that Section.
21		The text of the Section included in this Act is intended to
22		include the different versions of the Section found in the
23		Public Acts included in the list of sources, but may not
24		include other versions of the Section to be found in Public

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1		Acts not included in the list of sources. The list of sources
2		is not a part of the text of the Section.
3		(d) Public Acts 101-652 through 102-98 were considered in
4		the preparation of the combining revisories included in this
5		Act. Many of those combining revisories contain no striking or
6		underscoring because no additional changes are being made in
7		the material that is being combined.
8		(5 ILCS 80/4.32 rep.)
9		Section 5. The Regulatory Sunset Act is amended by
10		repealing Section 4.32.
11		Section 7. The Election Code is amended by changing
12		Sections 2A-1.1, 7-4, 7-10, 7-12, 10-4, and 19-2 as follows:
13		(10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
14		Sec. 2A-1.1. All elections; consolidated elections -
15		consolidated schedule.
16		(a) Except as otherwise provided in this Code, in
17		even-numbered years, the general election shall be held on the
18		first Tuesday after the first Monday of November; and an
19		election to be known as the general primary election shall be
20		held on the third Tuesday in March. ;
21		(b) In odd-numbered years, an election to be known as the
22		consolidated election shall be held on the first Tuesday in
23		April except as provided in Section 2A-1.1a of this Code Act;

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1		and an election to be known as the consolidated primary
2		election shall be held on the last Tuesday in February.
3		(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
4		(10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
5		Sec. 7-4. The following words and phrases in this Article
6		7 shall, unless the same be inconsistent with the context, be
7		construed as follows:
8		1. The word "primary", the primary elections provided for
9		in this Article, which are the general primary, the
10		consolidated primary, and for those municipalities which have
11		annual partisan elections for any officer, the municipal
12		primary held 6 weeks prior to the general primary election
13		date in even numbered years.
14		2. The definitions definition of terms in Section 1-3 of
15		this Code Act shall apply to this Article.
16		3. The word "precinct", a voting district heretofore or
17		hereafter established by law within which all qualified
18		electors vote at one polling place.
19		4. The words "state office" or "state officer", an office
20		to be filled, or an officer to be voted for, by qualified
21		electors of the entire state, including United States Senator
22		and Congressperson at large.
23		5. The words "congressional office" or "congressional
24		officer", representatives in Congress.
25		6. The words "county office" or "county officer," include

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1		an office to be filled or an officer to be voted for, by the
2		qualified electors of the entire county. "County office" or
3		"county officer" also include the assessor and board of
4		appeals and county commissioners and president of county board
5		of Cook County, and county board members and the chair of the
6		county board in counties subject to Division 2-3 of the
7		Counties Code "An Act relating to the composition and election
8		of county boards in certain counties", enacted by the 76th
9		General Assembly.
10		7. The words "city office" and "village office," and
11		"incorporated town office" or "city officer" and "village
12		officer", and "incorporated town officer", an office to be
13		filled or an officer to be voted for by the qualified electors
14		of the entire municipality, including alderpersons.
15		8. The words "town office" or "town officer", an office to
16		be filled or an officer to be voted for by the qualified
17		electors of an entire town.
18		9. The words "town" and "incorporated town" shall
19		respectively be defined as in Section 1-3 of this Code Act.
20		10. The words "delegates and alternate delegates to
21		National nominating conventions" include all delegates and
22		alternate delegates to National nominating conventions whether
23		they be elected from the state at large or from congressional
24		districts or selected by State convention unless contrary and
25		non-inclusive language specifically limits the term to one
26		class.

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1		11. "Judicial office" means a post held by a judge of the
2		Supreme, Appellate, or Circuit Court.
3		(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
4		(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
5		Sec. 7-10. Form of petition for nomination. The name of no
6		candidate for nomination, or State central committeeperson, or
7		township committeeperson, or precinct committeeperson, or ward
8		committeeperson or candidate for delegate or alternate
9		delegate to national nominating conventions, shall be printed
10		upon the primary ballot unless a petition for nomination has
11		been filed in his behalf as provided in this Article in
12		substantially the following form:
13		We, the undersigned, members of and affiliated with the
14		.... party and qualified primary electors of the .... party,
15		in the .... of ...., in the county of .... and State of
16		Illinois, do hereby petition that the following named person
17		or persons shall be a candidate or candidates of the .... party
18		for the nomination for (or in case of committeepersons for
19		election to) the office or offices hereinafter specified, to
20		be voted for at the primary election to be held on (insert
21		date).
22 Name Office Address 23 John Jones Governor Belvidere, Ill. 24 Jane James Lieutenant Governor Peoria, Ill. 25 Thomas Smith Attorney General Oakland, Ill.

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1		Name.................. Address.......................
2		State of Illinois)
3		) ss.
4		County of........)
5		I, ...., do hereby certify that I reside at No. ....
6		street, in the .... of ...., county of ...., and State of
7		....., that I am 18 years of age or older, that I am a citizen
8		of the United States, and that the signatures on this sheet
9		were signed in my presence, and are genuine, and that to the
10		best of my knowledge and belief the persons so signing were at
11		the time of signing the petitions qualified voters of the ....
12		party, and that their respective residences are correctly
13		stated, as above set forth.
14		.........................
15		Subscribed and sworn to before me on (insert date).
16		.........................
17		Each sheet of the petition other than the statement of
18		candidacy and candidate's statement shall be of uniform size
19		and shall contain above the space for signatures an
20		appropriate heading giving the information as to name of
21		candidate or candidates, in whose behalf such petition is
22		signed; the office, the political party represented and place
23		of residence; and the heading of each sheet shall be the same.

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1		Such petition shall be signed by qualified primary
2		electors residing in the political division for which the
3		nomination is sought in their own proper persons only and
4		opposite the signature of each signer, his residence address
5		shall be written or printed. The residence address required to
6		be written or printed opposite each qualified primary
7		elector's name shall include the street address or rural route
8		number of the signer, as the case may be, as well as the
9		signer's county, and city, village or town, and state.
10		However, the county or city, village or town, and state of
11		residence of the electors may be printed on the petition forms
12		where all of the electors signing the petition reside in the
13		same county or city, village or town, and state. Standard
14		abbreviations may be used in writing the residence address,
15		including street number, if any. At the bottom of each sheet of
16		such petition shall be added a circulator statement signed by
17		a person 18 years of age or older who is a citizen of the
18		United States, stating the street address or rural route
19		number, as the case may be, as well as the county, city,
20		village or town, and state; and certifying that the signatures
21		on that sheet of the petition were signed in his or her
22		presence and certifying that the signatures are genuine; and
23		either (1) indicating the dates on which that sheet was
24		circulated, or (2) indicating the first and last dates on
25		which the sheet was circulated, or (3) certifying that none of
26		the signatures on the sheet were signed more than 90 days

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1		preceding the last day for the filing of the petition and
2		certifying that to the best of his or her knowledge and belief
3		the persons so signing were at the time of signing the
4		petitions qualified voters of the political party for which a
5		nomination is sought. Such statement shall be sworn to before
6		some officer authorized to administer oaths in this State.
7		Except as otherwise provided in this Code, no petition
8		sheet shall be circulated more than 90 days preceding the last
9		day provided in Section 7-12 for the filing of such petition.
10		The person circulating the petition, or the candidate on
11		whose behalf the petition is circulated, may strike any
12		signature from the petition, provided that:
13		(1) the person striking the signature shall initial
14		the petition at the place where the signature is struck;
15		and
16		(2) the person striking the signature shall sign a
17		certification listing the page number and line number of
18		each signature struck from the petition. Such
19		certification shall be filed as a part of the petition.
20		Such sheets before being filed shall be neatly fastened
21		together in book form, by placing the sheets in a pile and
22		fastening them together at one edge in a secure and suitable
23		manner, and the sheets shall then be numbered consecutively.
24		The sheets shall not be fastened by pasting them together end
25		to end, so as to form a continuous strip or roll. All petition
26		sheets which are filed with the proper local election

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1		officials, election authorities or the State Board of
2		Elections shall be the original sheets which have been signed
3		by the voters and by the circulator thereof, and not
4		photocopies or duplicates of such sheets. Each petition must
5		include as a part thereof, a statement of candidacy for each of
6		the candidates filing, or in whose behalf the petition is
7		filed. This statement shall set out the address of such
8		candidate, the office for which he is a candidate, shall state
9		that the candidate is a qualified primary voter of the party to
10		which the petition relates and is qualified for the office
11		specified (in the case of a candidate for State's Attorney it
12		shall state that the candidate is at the time of filing such
13		statement a licensed attorney-at-law of this State), shall
14		state that he has filed (or will file before the close of the
15		petition filing period) a statement of economic interests as
16		required by the Illinois Governmental Ethics Act, shall
17		request that the candidate's name be placed upon the official
18		ballot, and shall be subscribed and sworn to by such candidate
19		before some officer authorized to take acknowledgment of deeds
20		in the State and shall be in substantially the following form:
21		Statement of Candidacy
22 Name Address Office District Party 23 John Jones 102 Main St. Governor Statewide Republican 24 Belvidere, 25 Illinois

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1		State of Illinois)
2		) ss.
3		County of .......)
4		I, ...., being first duly sworn, say that I reside at ....
5		Street in the city (or village) of ...., in the county of ....,
6		State of Illinois; that I am a qualified voter therein and am a
7		qualified primary voter of the .... party; that I am a
8		candidate for nomination (for election in the case of
9		committeeperson and delegates and alternate delegates) to the
10		office of .... to be voted upon at the primary election to be
11		held on (insert date); that I am legally qualified (including
12		being the holder of any license that may be an eligibility
13		requirement for the office I seek the nomination for) to hold
14		such office and that I have filed (or I will file before the
15		close of the petition filing period) a statement of economic
16		interests as required by the Illinois Governmental Ethics Act
17		and I hereby request that my name be printed upon the official
18		primary ballot for nomination for (or election to in the case
19		of committeepersons and delegates and alternate delegates)
20		such office.
21		Signed ......................
22		Subscribed and sworn to (or affirmed) before me by ....,
23		who is to me personally known, on (insert date).
24		Signed ....................
25		(Official Character)
26		(Seal, if officer has one.)

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1		The petitions, when filed, shall not be withdrawn or added
2		to, and no signatures shall be revoked except by revocation
3		filed in writing with the State Board of Elections, election
4		authority or local election official with whom the petition is
5		required to be filed, and before the filing of such petition.
6		Whoever forges the name of a signer upon any petition required
7		by this Article is deemed guilty of a forgery and on conviction
8		thereof shall be punished accordingly.
9		A candidate for the offices listed in this Section must
10		obtain the number of signatures specified in this Section on
11		his or her petition for nomination.
12		(a) Statewide office or delegate to a national nominating
13		convention. Except as otherwise provided in this Code, if a
14		candidate seeks to run for statewide office or as a delegate or
15		alternate delegate to a national nominating convention elected
16		from the State at-large, then the candidate's petition for
17		nomination must contain at least 5,000 but not more than
18		10,000 signatures.
19		(b) Congressional office or congressional delegate to a
20		national nominating convention. Except as otherwise provided
21		in this Code, if a candidate seeks to run for United States
22		Congress or as a congressional delegate or alternate
23		congressional delegate to a national nominating convention
24		elected from a congressional district, then the candidate's
25		petition for nomination must contain at least the number of

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1		signatures equal to 0.5% of the qualified primary electors of
2		his or her party in his or her congressional district. In the
3		first primary election following a redistricting of
4		congressional districts, a candidate's petition for nomination
5		must contain at least 600 signatures of qualified primary
6		electors of the candidate's political party in his or her
7		congressional district.
8		(c) County office. Except as otherwise provided in this
9		Code, if a candidate seeks to run for any countywide office,
10		including, but not limited to, county board chairperson or
11		county board member, elected on an at-large basis, in a county
12		other than Cook County, then the candidate's petition for
13		nomination must contain at least the number of signatures
14		equal to 0.5% of the qualified electors of his or her party who
15		cast votes at the last preceding general election in his or her
16		county. If a candidate seeks to run for county board member
17		elected from a county board district, then the candidate's
18		petition for nomination must contain at least the number of
19		signatures equal to 0.5% of the qualified primary electors of
20		his or her party in the county board district. In the first
21		primary election following a redistricting of county board
22		districts or the initial establishment of county board
23		districts, a candidate's petition for nomination must contain
24		at least the number of signatures equal to 0.5% of the
25		qualified electors of his or her party in the entire county who
26		cast votes at the last preceding general election divided by

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1		the total number of county board districts comprising the
2		county board; provided that in no event shall the number of
3		signatures be less than 25.
4		(d) County office; Cook County only.
5		(1) If a candidate seeks to run for countywide office
6		in Cook County, then the candidate's petition for
7		nomination must contain at least the number of signatures
8		equal to 0.5% of the qualified electors of his or her party
9		who cast votes at the last preceding general election in
10		Cook County.
11		(2) If a candidate seeks to run for Cook County Board
12		Commissioner, then the candidate's petition for nomination
13		must contain at least the number of signatures equal to
14		0.5% of the qualified primary electors of his or her party
15		in his or her county board district. In the first primary
16		election following a redistricting of Cook County Board of
17		Commissioners districts, a candidate's petition for
18		nomination must contain at least the number of signatures
19		equal to 0.5% of the qualified electors of his or her party
20		in the entire county who cast votes at the last preceding
21		general election divided by the total number of county
22		board districts comprising the county board; provided that
23		in no event shall the number of signatures be less than 25.
24		(3) Except as otherwise provided in this Code, if a
25		candidate seeks to run for Cook County Board of Review
26		Commissioner, which is elected from a district pursuant to

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1		subsection (c) of Section 5-5 of the Property Tax Code,
2		then the candidate's petition for nomination must contain
3		at least the number of signatures equal to 0.5% of the
4		total number of registered voters in his or her board of
5		review district in the last general election at which a
6		commissioner was regularly scheduled to be elected from
7		that board of review district. In no event shall the
8		number of signatures required be greater than the
9		requisite number for a candidate who seeks countywide
10		office in Cook County under subsection (d)(1) of this
11		Section. In the first primary election following a
12		redistricting of Cook County Board of Review districts, a
13		candidate's petition for nomination must contain at least
14		4,000 signatures or at least the number of signatures
15		required for a countywide candidate in Cook County,
16		whichever is less, of the qualified electors of his or her
17		party in the district.
18		(e) Municipal or township office. If a candidate seeks to
19		run for municipal or township office, then the candidate's
20		petition for nomination must contain at least the number of
21		signatures equal to 0.5% of the qualified primary electors of
22		his or her party in the municipality or township. If a
23		candidate seeks to run for alderperson of a municipality, then
24		the candidate's petition for nomination must contain at least
25		the number of signatures equal to 0.5% of the qualified
26		primary electors of his or her party of the ward. In the first

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1		primary election following redistricting of wards or trustee
2		districts of a municipality or the initial establishment of
3		wards or districts, a candidate's petition for nomination must
4		contain the number of signatures equal to at least 0.5% of the
5		total number of votes cast for the candidate of that political
6		party who received the highest number of votes in the entire
7		municipality at the last regular election at which an officer
8		was regularly scheduled to be elected from the entire
9		municipality, divided by the number of wards or districts. In
10		no event shall the number of signatures be less than 25.
11		(f) State central committeeperson. If a candidate seeks to
12		run for State central committeeperson, then the candidate's
13		petition for nomination must contain at least 100 signatures
14		of the primary electors of his or her party of his or her
15		congressional district.
16		(g) Sanitary district trustee. Except as otherwise
17		provided in this Code, if a candidate seeks to run for trustee
18		of a sanitary district in which trustees are not elected from
19		wards, then the candidate's petition for nomination must
20		contain at least the number of signatures equal to 0.5% of the
21		primary electors of his or her party from the sanitary
22		district. If a candidate seeks to run for trustee of a sanitary
23		district in which trustees are elected from wards, then the
24		candidate's petition for nomination must contain at least the
25		number of signatures equal to 0.5% of the primary electors of
26		his or her party in the ward of that sanitary district. In the

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1		first primary election following redistricting of sanitary
2		districts elected from wards, a candidate's petition for
3		nomination must contain at least the signatures of 150
4		qualified primary electors of his or her ward of that sanitary
5		district.
6		(h) Judicial office. Except as otherwise provided in this
7		Code, if a candidate seeks to run for judicial office in a
8		district, then the candidate's petition for nomination must
9		contain the number of signatures equal to 0.4% of the number of
10		votes cast in that district for the candidate for his or her
11		political party for the office of Governor at the last general
12		election at which a Governor was elected, but in no event less
13		than 500 signatures. If a candidate seeks to run for judicial
14		office in a circuit or subcircuit, then the candidate's
15		petition for nomination must contain the number of signatures
16		equal to 0.25% of the number of votes cast for the judicial
17		candidate of his or her political party who received the
18		highest number of votes at the last general election at which a
19		judicial officer from the same circuit or subcircuit was
20		regularly scheduled to be elected, but in no event less than
21		1,000 signatures in circuits and subcircuits located in the
22		First Judicial District or 500 signatures in every other
23		Judicial District.
24		(i) Precinct, ward, and township committeeperson. Except
25		as otherwise provided in this Code, if a candidate seeks to run
26		for precinct committeeperson, then the candidate's petition

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1		for nomination must contain at least 10 signatures of the
2		primary electors of his or her party for the precinct. If a
3		candidate seeks to run for ward committeeperson, then the
4		candidate's petition for nomination must contain no less than
5		the number of signatures equal to 10% of the primary electors
6		of his or her party of the ward, but no more than 16% of those
7		same electors; provided that the maximum number of signatures
8		may be 50 more than the minimum number, whichever is greater.
9		If a candidate seeks to run for township committeeperson, then
10		the candidate's petition for nomination must contain no less
11		than the number of signatures equal to 5% of the primary
12		electors of his or her party of the township, but no more than
13		8% of those same electors; provided that the maximum number of
14		signatures may be 50 more than the minimum number, whichever
15		is greater.
16		(j) State's attorney or regional superintendent of schools
17		for multiple counties. If a candidate seeks to run for State's
18		attorney or regional Superintendent of Schools who serves more
19		than one county, then the candidate's petition for nomination
20		must contain at least the number of signatures equal to 0.5% of
21		the primary electors of his or her party in the territory
22		comprising the counties.
23		(k) Any other office. If a candidate seeks any other
24		office, then the candidate's petition for nomination must
25		contain at least the number of signatures equal to 0.5% of the
26		registered voters of the political subdivision, district, or

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1		division for which the nomination is made or 25 signatures,
2		whichever is greater.
3		For purposes of this Section the number of primary
4		electors shall be determined by taking the total vote cast, in
5		the applicable district, for the candidate for that political
6		party who received the highest number of votes, statewide, at
7		the last general election in the State at which electors for
8		President of the United States were elected. For political
9		subdivisions, the number of primary electors shall be
10		determined by taking the total vote cast for the candidate for
11		that political party who received the highest number of votes
12		in the political subdivision at the last regular election at
13		which an officer was regularly scheduled to be elected from
14		that subdivision. For wards or districts of political
15		subdivisions, the number of primary electors shall be
16		determined by taking the total vote cast for the candidate for
17		that political party who received the highest number of votes
18		in the ward or district at the last regular election at which
19		an officer was regularly scheduled to be elected from that
20		ward or district.
21		A "qualified primary elector" of a party may not sign
22		petitions for or be a candidate in the primary of more than one
23		party.
24		The changes made to this Section by Public Act 93-574 of
25		this amendatory Act of the 93rd General Assembly are
26		declarative of existing law, except for item (3) of subsection

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1		(d).
2		Petitions of candidates for nomination for offices herein
3		specified, to be filed with the same officer, may contain the
4		names of 2 or more candidates of the same political party for
5		the same or different offices. In the case of the offices of
6		Governor and Lieutenant Governor, a joint petition including
7		one candidate for each of those offices must be filed.
8		(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
9		(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
10		Sec. 7-12. All petitions for nomination shall be filed by
11		mail or in person as follows:
12		(1) Except as otherwise provided in this Code, where
13		the nomination is to be made for a State, congressional,
14		or judicial office, or for any office a nomination for
15		which is made for a territorial division or district which
16		comprises more than one county or is partly in one county
17		and partly in another county or counties (including the
18		Fox Metro Water Reclamation District), then, except as
19		otherwise provided in this Section, such petition for
20		nomination shall be filed in the principal office of the
21		State Board of Elections not more than 113 and not less
22		than 106 days prior to the date of the primary, but, in the
23		case of petitions for nomination to fill a vacancy by
24		special election in the office of representative in
25		Congress from this State, such petition for nomination

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1		shall be filed in the principal office of the State Board
2		of Elections not more than 85 days and not less than 82
3		days prior to the date of the primary.
4		Where a vacancy occurs in the office of Supreme,
5		Appellate or Circuit Court Judge within the 3-week period
6		preceding the 106th day before a general primary election,
7		petitions for nomination for the office in which the
8		vacancy has occurred shall be filed in the principal
9		office of the State Board of Elections not more than 92 nor
10		less than 85 days prior to the date of the general primary
11		election.
12		Where the nomination is to be made for delegates or
13		alternate delegates to a national nominating convention,
14		then such petition for nomination shall be filed in the
15		principal office of the State Board of Elections not more
16		than 113 and not less than 106 days prior to the date of
17		the primary; provided, however, that if the rules or
18		policies of a national political party conflict with such
19		requirements for filing petitions for nomination for
20		delegates or alternate delegates to a national nominating
21		convention, the chair of the State central committee of
22		such national political party shall notify the Board in
23		writing, citing by reference the rules or policies of the
24		national political party in conflict, and in such case the
25		Board shall direct such petitions to be filed in
26		accordance with the delegate selection plan adopted by the

HB0307 Enrolled - 21 - LRB102 11622 KTG 16956 b
1		state central committee of such national political party.
2		(2) Where the nomination is to be made for a county
3		office or trustee of a sanitary district then such
4		petition shall be filed in the office of the county clerk
5		not more than 113 nor less than 106 days prior to the date
6		of the primary.
7		(3) Where the nomination is to be made for a municipal
8		or township office, such petitions for nomination shall be
9		filed in the office of the local election official, not
10		more than 99 nor less than 92 days prior to the date of the
11		primary; provided, where a municipality's or township's
12		boundaries are coextensive with or are entirely within the
13		jurisdiction of a municipal board of election
14		commissioners, the petitions shall be filed in the office
15		of such board; and provided, that petitions for the office
16		of multi-township assessor shall be filed with the
17		election authority.
18		(4) The petitions of candidates for State central
19		committeeperson shall be filed in the principal office of
20		the State Board of Elections not more than 113 nor less
21		than 106 days prior to the date of the primary.
22		(5) Petitions of candidates for precinct, township or
23		ward committeepersons shall be filed in the office of the
24		county clerk not more than 113 nor less than 106 days prior
25		to the date of the primary.
26		(6) The State Board of Elections and the various

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1		election authorities and local election officials with
2		whom such petitions for nominations are filed shall
3		specify the place where filings shall be made and upon
4		receipt shall endorse thereon the day and hour on which
5		each petition was filed. All petitions filed by persons
6		waiting in line as of 8:00 a.m. on the first day for
7		filing, or as of the normal opening hour of the office
8		involved on such day, shall be deemed filed as of 8:00 a.m.
9		or the normal opening hour, as the case may be. Petitions
10		filed by mail and received after midnight of the first day
11		for filing and in the first mail delivery or pickup of that
12		day shall be deemed as filed as of 8:00 a.m. of that day or
13		as of the normal opening hour of such day, as the case may
14		be. All petitions received thereafter shall be deemed as
15		filed in the order of actual receipt. However, 2 or more
16		petitions filed within the last hour of the filing
17		deadline shall be deemed filed simultaneously. Where 2 or
18		more petitions are received simultaneously, the State
19		Board of Elections or the various election authorities or
20		local election officials with whom such petitions are
21		filed shall break ties and determine the order of filing,
22		by means of a lottery or other fair and impartial method of
23		random selection approved by the State Board of Elections.
24		Such lottery shall be conducted within 9 days following
25		the last day for petition filing and shall be open to the
26		public. Seven days written notice of the time and place of

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1		conducting such random selection shall be given by the
2		State Board of Elections to the chair of the State central
3		committee of each established political party, and by each
4		election authority or local election official, to the
5		County Chair of each established political party, and to
6		each organization of citizens within the election
7		jurisdiction which was entitled, under this Article, at
8		the next preceding election, to have pollwatchers present
9		on the day of election. The State Board of Elections,
10		election authority or local election official shall post
11		in a conspicuous, open and public place, at the entrance
12		of the office, notice of the time and place of such
13		lottery. The State Board of Elections shall adopt rules
14		and regulations governing the procedures for the conduct
15		of such lottery. All candidates shall be certified in the
16		order in which their petitions have been filed. Where
17		candidates have filed simultaneously, they shall be
18		certified in the order determined by lot and prior to
19		candidates who filed for the same office at a later time.
20		(7) The State Board of Elections or the appropriate
21		election authority or local election official with whom
22		such a petition for nomination is filed shall notify the
23		person for whom a petition for nomination has been filed
24		of the obligation to file statements of organization,
25		reports of campaign contributions, and annual reports of
26		campaign contributions and expenditures under Article 9 of

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1		this Code Act. Such notice shall be given in the manner
2		prescribed by paragraph (7) of Section 9-16 of this Code.
3		(8) Nomination papers filed under this Section are not
4		valid if the candidate named therein fails to file a
5		statement of economic interests as required by the
6		Illinois Governmental Ethics Act in relation to his
7		candidacy with the appropriate officer by the end of the
8		period for the filing of nomination papers unless he has
9		filed a statement of economic interests in relation to the
10		same governmental unit with that officer within a year
11		preceding the date on which such nomination papers were
12		filed. If the nomination papers of any candidate and the
13		statement of economic interest of that candidate are not
14		required to be filed with the same officer, the candidate
15		must file with the officer with whom the nomination papers
16		are filed a receipt from the officer with whom the
17		statement of economic interests is filed showing the date
18		on which such statement was filed. Such receipt shall be
19		so filed not later than the last day on which nomination
20		papers may be filed.
21		(9) Except as otherwise provided in this Code, any
22		person for whom a petition for nomination, or for
23		committeeperson or for delegate or alternate delegate to a
24		national nominating convention has been filed may cause
25		his name to be withdrawn by request in writing, signed by
26		him and duly acknowledged before an officer qualified to

HB0307 Enrolled - 25 - LRB102 11622 KTG 16956 b
1		take acknowledgments of deeds, and filed in the principal
2		or permanent branch office of the State Board of Elections
3		or with the appropriate election authority or local
4		election official, not later than the date of
5		certification of candidates for the consolidated primary
6		or general primary ballot. No names so withdrawn shall be
7		certified or printed on the primary ballot. If petitions
8		for nomination have been filed for the same person with
9		respect to more than one political party, his name shall
10		not be certified nor printed on the primary ballot of any
11		party. If petitions for nomination have been filed for the
12		same person for 2 or more offices which are incompatible
13		so that the same person could not serve in more than one of
14		such offices if elected, that person must withdraw as a
15		candidate for all but one of such offices within the 5
16		business days following the last day for petition filing.
17		A candidate in a judicial election may file petitions for
18		nomination for only one vacancy in a subcircuit and only
19		one vacancy in a circuit in any one filing period, and if
20		petitions for nomination have been filed for the same
21		person for 2 or more vacancies in the same circuit or
22		subcircuit in the same filing period, his or her name
23		shall be certified only for the first vacancy for which
24		the petitions for nomination were filed. If he fails to
25		withdraw as a candidate for all but one of such offices
26		within such time his name shall not be certified, nor

HB0307 Enrolled - 26 - LRB102 11622 KTG 16956 b
1		printed on the primary ballot, for any office. For the
2		purpose of the foregoing provisions, an office in a
3		political party is not incompatible with any other office.
4		(10)(a) Notwithstanding the provisions of any other
5		statute, no primary shall be held for an established
6		political party in any township, municipality, or ward
7		thereof, where the nomination of such party for every
8		office to be voted upon by the electors of such township,
9		municipality, or ward thereof, is uncontested. Whenever a
10		political party's nomination of candidates is uncontested
11		as to one or more, but not all, of the offices to be voted
12		upon by the electors of a township, municipality, or ward
13		thereof, then a primary shall be held for that party in
14		such township, municipality, or ward thereof; provided
15		that the primary ballot shall not include those offices
16		within such township, municipality, or ward thereof, for
17		which the nomination is uncontested. For purposes of this
18		Article, the nomination of an established political party
19		of a candidate for election to an office shall be deemed to
20		be uncontested where not more than the number of persons
21		to be nominated have timely filed valid nomination papers
22		seeking the nomination of such party for election to such
23		office.
24		(b) Notwithstanding the provisions of any other
25		statute, no primary election shall be held for an
26		established political party for any special primary

HB0307 Enrolled - 27 - LRB102 11622 KTG 16956 b
1		election called for the purpose of filling a vacancy in
2		the office of representative in the United States Congress
3		where the nomination of such political party for said
4		office is uncontested. For the purposes of this Article,
5		the nomination of an established political party of a
6		candidate for election to said office shall be deemed to
7		be uncontested where not more than the number of persons
8		to be nominated have timely filed valid nomination papers
9		seeking the nomination of such established party for
10		election to said office. This subsection (b) shall not
11		apply if such primary election is conducted on a regularly
12		scheduled election day.
13		(c) Notwithstanding the provisions in subparagraph (a)
14		and (b) of this paragraph (10), whenever a person who has
15		not timely filed valid nomination papers and who intends
16		to become a write-in candidate for a political party's
17		nomination for any office for which the nomination is
18		uncontested files a written statement or notice of that
19		intent with the State Board of Elections or the local
20		election official with whom nomination papers for such
21		office are filed, a primary ballot shall be prepared and a
22		primary shall be held for that office. Such statement or
23		notice shall be filed on or before the date established in
24		this Article for certifying candidates for the primary
25		ballot. Such statement or notice shall contain (i) the
26		name and address of the person intending to become a

HB0307 Enrolled - 28 - LRB102 11622 KTG 16956 b
1		write-in candidate, (ii) a statement that the person is a
2		qualified primary elector of the political party from whom
3		the nomination is sought, (iii) a statement that the
4		person intends to become a write-in candidate for the
5		party's nomination, and (iv) the office the person is
6		seeking as a write-in candidate. An election authority
7		shall have no duty to conduct a primary and prepare a
8		primary ballot for any office for which the nomination is
9		uncontested unless a statement or notice meeting the
10		requirements of this Section is filed in a timely manner.
11		(11) If multiple sets of nomination papers are filed
12		for a candidate to the same office, the State Board of
13		Elections, appropriate election authority or local
14		election official where the petitions are filed shall
15		within 2 business days notify the candidate of his or her
16		multiple petition filings and that the candidate has 3
17		business days after receipt of the notice to notify the
18		State Board of Elections, appropriate election authority
19		or local election official that he or she may cancel prior
20		sets of petitions. If the candidate notifies the State
21		Board of Elections, appropriate election authority or
22		local election official, the last set of petitions filed
23		shall be the only petitions to be considered valid by the
24		State Board of Elections, election authority or local
25		election official. If the candidate fails to notify the
26		State Board of Elections, election authority or local

HB0307 Enrolled - 29 - LRB102 11622 KTG 16956 b
1		election official then only the first set of petitions
2		filed shall be valid and all subsequent petitions shall be
3		void.
4		(12) All nominating petitions shall be available for
5		public inspection and shall be preserved for a period of
6		not less than 6 months.
7		(Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21;
8		revised 7-14-21.)
9		(10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
10		Sec. 10-4. Form of petition for nomination. All petitions
11		for nomination under this Article 10 for candidates for public
12		office in this State, shall in addition to other requirements
13		provided by law, be as follows: Such petitions shall consist
14		of sheets of uniform size and each sheet shall contain, above
15		the space for signature, an appropriate heading, giving the
16		information as to name of candidate or candidates in whose
17		behalf such petition is signed; the office; the party; place
18		of residence; and such other information or wording as
19		required to make same valid, and the heading of each sheet
20		shall be the same. Such petition shall be signed by the
21		qualified voters in their own proper persons only, and
22		opposite the signature of each signer his residence address
23		shall be written or printed. The residence address required to
24		be written or printed opposite each qualified primary
25		elector's name shall include the street address or rural route

HB0307 Enrolled - 30 - LRB102 11622 KTG 16956 b
1		number of the signer, as the case may be, as well as the
2		signer's county, and city, village or town, and state.
3		However, the county or city, village or town, and state of
4		residence of such electors may be printed on the petition
5		forms where all of the electors signing the petition reside in
6		the same county or city, village or town, and state. Standard
7		abbreviations may be used in writing the residence address,
8		including street number, if any. Except as otherwise provided
9		in this Code, no signature shall be valid or be counted in
10		considering the validity or sufficiency of such petition
11		unless the requirements of this Section are complied with. At
12		the bottom of each sheet of such petition shall be added a
13		circulator's statement, signed by a person 18 years of age or
14		older who is a citizen of the United States; stating the street
15		address or rural route number, as the case may be, as well as
16		the county, city, village or town, and state; certifying that
17		the signatures on that sheet of the petition were signed in his
18		or her presence; certifying that the signatures are genuine;
19		and either (1) indicating the dates on which that sheet was
20		circulated, or (2) indicating the first and last dates on
21		which the sheet was circulated, or (3) certifying that none of
22		the signatures on the sheet were signed more than 90 days
23		preceding the last day for the filing of the petition; and
24		certifying that to the best of his knowledge and belief the
25		persons so signing were at the time of signing the petition
26		duly registered voters under Article Articles 4, 5, or 6 of

HB0307 Enrolled - 31 - LRB102 11622 KTG 16956 b
1		this the Code of the political subdivision or district for
2		which the candidate or candidates shall be nominated, and
3		certifying that their respective residences are correctly
4		stated therein. Such statement shall be sworn to before some
5		officer authorized to administer oaths in this State. Except
6		as otherwise provided in this Code, no petition sheet shall be
7		circulated more than 90 days preceding the last day provided
8		in Section 10-6 for the filing of such petition. Such sheets,
9		before being presented to the electoral board or filed with
10		the proper officer of the electoral district or division of
11		the state or municipality, as the case may be, shall be neatly
12		fastened together in book form, by placing the sheets in a pile
13		and fastening them together at one edge in a secure and
14		suitable manner, and the sheets shall then be numbered
15		consecutively. The sheets shall not be fastened by pasting
16		them together end to end, so as to form a continuous strip or
17		roll. All petition sheets which are filed with the proper
18		local election officials, election authorities or the State
19		Board of Elections shall be the original sheets which have
20		been signed by the voters and by the circulator, and not
21		photocopies or duplicates of such sheets. A petition, when
22		presented or filed, shall not be withdrawn, altered, or added
23		to, and no signature shall be revoked except by revocation in
24		writing presented or filed with the officers or officer with
25		whom the petition is required to be presented or filed, and
26		before the presentment or filing of such petition. Whoever

HB0307 Enrolled - 32 - LRB102 11622 KTG 16956 b
1		forges any name of a signer upon any petition shall be deemed
2		guilty of a forgery, and on conviction thereof, shall be
3		punished accordingly. The word "petition" or "petition for
4		nomination", as used herein, shall mean what is sometimes
5		known as nomination papers, in distinction to what is known as
6		a certificate of nomination. The words "political division for
7		which the candidate is nominated", or its equivalent, shall
8		mean the largest political division in which all qualified
9		voters may vote upon such candidate or candidates, as the
10		state in the case of state officers; the township in the case
11		of township officers et cetera. Provided, further, that no
12		person shall circulate or certify petitions for candidates of
13		more than one political party, or for an independent candidate
14		or candidates in addition to one political party, to be voted
15		upon at the next primary or general election, or for such
16		candidates and parties with respect to the same political
17		subdivision at the next consolidated election.
18		(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
19		(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
20		Sec. 19-2. Except as otherwise provided in this Code, any
21		elector as defined in Section 19-1 may by mail or
22		electronically on the website of the appropriate election
23		authority, not more than 90 nor less than 5 days prior to the
24		date of such election, or by personal delivery not more than 90
25		nor less than one day prior to the date of such election, make

HB0307 Enrolled - 33 - LRB102 11622 KTG 16956 b
1		application to the county clerk or to the Board of Election
2		Commissioners for an official ballot for the voter's precinct
3		to be voted at such election, or to be added to a list of
4		permanent vote by mail status voters who receive an official
5		vote by mail ballot for subsequent elections. Voters who make
6		an application for permanent vote by mail ballot status shall
7		follow the procedures specified in Section 19-3. Voters whose
8		application for permanent vote by mail status is accepted by
9		the election authority shall remain on the permanent vote by
10		mail list until the voter requests to be removed from
11		permanent vote by mail status, the voter provides notice to
12		the election authority of a change in registration, or the
13		election authority receives confirmation that the voter has
14		subsequently registered to vote in another county. The URL
15		address at which voters may electronically request a vote by
16		mail ballot shall be fixed no later than 90 calendar days
17		before an election and shall not be changed until after the
18		election. Such a ballot shall be delivered to the elector only
19		upon separate application by the elector for each election.
20		(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
21		Section 12. The Community Development Loan Guarantee Act
22		is amended by changing Section 30-1 as follows:
23		(15 ILCS 516/30-1)
24		Sec. 30-1. Short title. This Article Act may be cited as

HB0307 Enrolled - 34 - LRB102 11622 KTG 16956 b
1		the Community Development Loan Guarantee Act. References in
2		this Article to "this Act" mean this Article.
3		(Source: P.A. 101-657, eff. 3-23-21; revised 7-16-21.)
4		Section 15. The Department of State Police Law of the
5		Civil Administrative Code of Illinois is amended by changing
6		Section 2605-53 as follows:
7		(20 ILCS 2605/2605-53)
8		Sec. 2605-53. 9-1-1 system; sexual assault and sexual
9		abuse.
10		(a) The Office of the Statewide 9-1-1 Administrator, in
11		consultation with the Office of the Attorney General and the
12		Illinois Law Enforcement Training Standards Board, shall:
13		(1) develop comprehensive guidelines for
14		evidence-based, trauma-informed, victim-centered handling
15		of sexual assault or sexual abuse calls by Public Safety
16		Answering Point telecommunicators; and
17		(2) adopt rules and minimum standards for an
18		evidence-based, trauma-informed, victim-centered training
19		curriculum for handling of sexual assault or sexual abuse
20		calls for Public Safety Answering Point telecommunicators
21		("PSAP").
22		(a-5) Within one year after June 3, 2021 (the effective
23		date of Public Act 102-9) this amendatory Act of the 102nd
24		General Assembly, the Office of the Statewide 9-1-1

HB0307 Enrolled - 35 - LRB102 11622 KTG 16956 b
1		Administrator, in consultation with the Statewide 9-1-1
2		Advisory Board, shall:
3		(1) develop comprehensive guidelines for training on
4		emergency dispatch procedures, including, but not limited
5		to, emergency medical dispatch, and the delivery of 9-1-1
6		services and professionalism for public safety
7		telecommunicators and public safety telecommunicator
8		supervisors; and
9		(2) adopt rules and minimum standards for continuing
10		education on emergency dispatch procedures, including, but
11		not limited to, emergency medical dispatch, and the
12		delivery of 9-1-1 services and professionalism for public
13		safety telecommunicators and public safety
14		telecommunicator Supervisors. ; and
15		(a-10) The Office of the Statewide 9-1-1 Administrator may
16		as necessary establish by rule appropriate testing and
17		certification processes consistent with the training required
18		by this Section.
19		(b) Training requirements:
20		(1) Newly hired PSAP telecommunicators must complete
21		the sexual assault and sexual abuse training curriculum
22		established in subsection (a) of this Section prior to
23		handling emergency calls.
24		(2) All existing PSAP telecommunicators shall complete
25		the sexual assault and sexual abuse training curriculum
26		established in subsection (a) of this Section within 2

HB0307 Enrolled - 36 - LRB102 11622 KTG 16956 b
1		years of January 1, 2017 (the effective date of Public Act
2		99-801) this amendatory Act of the 99th General Assembly.
3		(3) Newly hired public safety telecommunicators shall
4		complete the emergency dispatch procedures training
5		curriculum established in subsection (a-5) of this Section
6		prior to independently handling emergency calls within one
7		year of the Statewide 9-1-1 Administrator establishing the
8		required guidelines, rules, and standards.
9		(4) All public safety telecommunicators and public
10		safety telecommunicator supervisors who were not required
11		to complete new hire training prior to handling emergency
12		calls, must either demonstrate proficiency or complete the
13		training established in subsection (a-5) of this Section
14		within one year of the Statewide 9-1-1 Administrator
15		establishing the required guidelines, rules, and
16		standards.
17		(5) Upon completion of the training required in either
18		paragraph (3) or (4) of this subsection (b), whichever is
19		applicable, all public safety telecommunicators and public
20		safety telecommunicator supervisors shall complete the
21		continuing education training regarding the delivery of
22		9-1-1 services and professionalism biennially.
23		(c) The Illinois State Police may adopt rules for the
24		administration of this Section.
25		(Source: P.A. 102-9, eff. 6-3-21; revised 7-16-21.)

HB0307 Enrolled - 37 - LRB102 11622 KTG 16956 b
1		Section 20. The State Police Act is amended by changing
2		Section 17c as follows:
3		(20 ILCS 2610/17c)
4		Sec. 17c. Military equipment surplus program.
5		(a) For purposes of this Section:
6		"Bayonet" means a large knife designed to be attached to
7		the muzzle of a rifle, shotgun, or long gun for the purpose of
8		hand-to-hand combat.
9		"Grenade launcher" means a firearm or firearm accessory
10		used to launch fragmentary explosive rounds designed to
11		inflict death or cause great bodily harm.
12		"Military equipment surplus program" means any federal or
13		State program allowing a law enforcement agency to obtain
14		surplus military equipment, including, but not limited limit
15		to, any program organized under Section 1122 of the National
16		Defense Authorization Act for Fiscal Year 1994 (Pub. L.
17		103-160) or Section 1033 of the National Defense Authorization
18		Act for Fiscal Year 1997 (Pub. L. 104-201), or any program
19		established under 10 U.S.C. 2576a.
20		"Tracked armored vehicle" means a vehicle that provides
21		ballistic protection to its occupants and utilizes a tracked
22		system instead of wheels for forward motion, not including
23		vehicles listed in the Authorized Equipment List as published
24		by the Federal Emergency Management Agency.
25		"Weaponized aircraft, vessel, or vehicle" means any

HB0307 Enrolled - 38 - LRB102 11622 KTG 16956 b
1		aircraft, vessel, or vehicle with weapons installed.
2		(b) The Illinois State Police shall not request or receive
3		from any military equipment surplus program nor purchase or
4		otherwise utilize the following equipment:
5		(1) tracked armored vehicles;
6		(2) weaponized aircraft, vessels, or vehicles;
7		(3) firearms of .50-caliber or higher;
8		(4) ammunition of .50-caliber or higher;
9		(5) grenade launchers; or
10		(6) bayonets.
11		(c) If the Illinois State Police request other property
12		not prohibited by this Section from a military equipment
13		surplus program, the Illinois State Police shall publish
14		notice of the request on a publicly accessible website
15		maintained by the Illinois State Police within 14 days after
16		the request.
17		(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
18		revised 7-30-21.)
19		Section 25. The Illinois Future of Work Act is amended by
20		changing Section 15 as follows:
21		(20 ILCS 4103/15)
22		(Section scheduled to be repealed on January 1, 2024)
23		Sec. 15. Membership; meetings.
24		(a) The members of the Illinois Future of Work Task Force

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1		shall include and represent the diversity of the people of
2		Illinois, and shall be composed of the following:
3		(1) four members, including one representative of the
4		business community and one representative of the labor
5		community, appointed by the Senate President, one of whom
6		shall serve as co-chair;
7		(2) four members, including one representative of the
8		business community and one representative of the labor
9		community, appointed by the Minority Leader of the Senate,
10		one of whom shall serve as co-chair;
11		(3) four members, including one representative of the
12		business community and one representative of the labor
13		community, appointed by the Speaker of the House of
14		Representatives, one of whom shall serve as co-chair;
15		(4) four members, including one representative of the
16		business community and one representative of the labor
17		community, appointed by the Minority Leader of the Speaker
18		of the House of Representatives, one of whom shall serve
19		as co-chair;
20		(5) four members, one from each of the following: the
21		business community, the labor community, the environmental
22		community, and the education community that advocate for
23		job growth, appointed by the Governor;
24		(6) three members appointed by the Governor whose
25		professional expertise is at the juncture of work and
26		workers' rights;

HB0307 Enrolled - 40 - LRB102 11622 KTG 16956 b
1		(7) the Director of Labor or his or her designee;
2		(8) the Director of Commerce and Economic Opportunity
3		or his or her designee;
4		(9) the Director of Employment Security or his or her
5		designee;
6		(10) the Superintendent of the State Board of
7		Education or his or her designee;
8		(11) the Executive Director of the Illinois Community
9		College Board or his or her designee; and
10		(12) the Executive Director of the Board of Higher
11		Education or his or her designee.
12		(b) Appointments for the Illinois Future of Work Task
13		Force must be finalized by August 31, 2021. The Illinois
14		Future of Work Task Force shall hold one meeting per month for
15		a total of 7 meetings, and the first meeting must be held
16		within 30 days after appointments are finalized.
17		(c) Members of the Illinois Future of Work Task Force
18		shall serve without compensation.
19		(d) The Department of Commerce and Economic Opportunity
20		shall provide administrative support to the Task Force.
21		(Source: P.A. 102-407, eff. 8-19-21; revised 8-25-21.)
22		Section 27. The Racial Impact Note Act is amended by
23		changing Section 110-5 as follows:
24		(25 ILCS 83/110-5)

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1		Sec. 110-5. Racial impact note. (a) Every bill which has
2		or could have a disparate impact on racial and ethnic
3		minorities, upon the request of any member, shall have
4		prepared for it, before second reading in the house of
5		introduction, a brief explanatory statement or note that shall
6		include a reliable estimate of the anticipated impact on those
7		racial and ethnic minorities likely to be impacted by the
8		bill. Each racial impact note must include, for racial and
9		ethnic minorities for which data are available: (i) an
10		estimate of how the proposed legislation would impact racial
11		and ethnic minorities; (ii) a statement of the methodologies
12		and assumptions used in preparing the estimate; (iii) an
13		estimate of the racial and ethnic composition of the
14		population who may be impacted by the proposed legislation,
15		including those persons who may be negatively impacted and
16		those persons who may benefit from the proposed legislation;
17		and (iv) any other matter that a responding agency considers
18		appropriate in relation to the racial and ethnic minorities
19		likely to be affected by the bill.
20		(Source: P.A. 102-4, eff. 4-27-21; revised 7-16-21.)
21		Section 30. The State Finance Act is amended by changing
22		Section 8.25-4 as follows:
23		(30 ILCS 105/8.25-4) (from Ch. 127, par. 144.25-4)
24		Sec. 8.25-4. All moneys in the Illinois Sports Facilities

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1		Fund are allocated to and shall be transferred, appropriated,
2		and used only for the purposes authorized by, and subject to,
3		the limitations and conditions of this Section.
4		All moneys deposited pursuant to Section 13.1 of the State
5		Revenue Sharing Act "An Act in relation to State revenue
6		sharing with local governmental entities", as amended, and all
7		moneys deposited with respect to the $5,000,000 deposit, but
8		not the additional $8,000,000 advance applicable before July
9		1, 2001, or the Advance Amount applicable on and after that
10		date, pursuant to Section 6 of the "The Hotel Operators'
11		Occupation Tax Act", as amended, into the Illinois Sports
12		Facilities Fund shall be credited to the Subsidy Account
13		within the Fund. All moneys deposited with respect to the
14		additional $8,000,000 advance applicable before July 1, 2001,
15		or the Advance Amount applicable on and after that date, but
16		not the $5,000,000 deposit, pursuant to Section 6 of the "The
17		Hotel Operators' Occupation Tax Act", as amended, into the
18		Illinois Sports Facilities Fund shall be credited to the
19		Advance Account within the Fund. All moneys deposited from any
20		transfer pursuant to Section 8g-1 of the State Finance Act
21		shall be credited to the Advance Account within the Fund.
22		Beginning with fiscal year 1989 and continuing for each
23		fiscal year thereafter through and including fiscal year 2001,
24		no less than 30 days before the beginning of such fiscal year
25		(except as soon as may be practicable after July 7, 1988 (the
26		effective date of Public Act 85-1034) this amendatory Act of

HB0307 Enrolled - 43 - LRB102 11622 KTG 16956 b
1		1988 with respect to fiscal year 1989) the Chairman of the
2		Illinois Sports Facilities Authority shall certify to the
3		State Comptroller and the State Treasurer, without taking into
4		account any revenues or receipts of the Authority, the lesser
5		of (a) $18,000,000 and (b) the sum of (i) the amount
6		anticipated to be required by the Authority during the fiscal
7		year to pay principal of and interest on, and other payments
8		relating to, its obligations issued or to be issued under
9		Section 13 of the Illinois Sports Facilities Authority Act,
10		including any deposits required to reserve funds created under
11		any indenture or resolution authorizing issuance of the
12		obligations and payments to providers of credit enhancement,
13		(ii) the amount anticipated to be required by the Authority
14		during the fiscal year to pay obligations under the provisions
15		of any management agreement with respect to a facility or
16		facilities owned by the Authority or of any assistance
17		agreement with respect to any facility for which financial
18		assistance is provided under the Illinois Sports Facilities
19		Authority Act, and to pay other capital and operating expenses
20		of the Authority during the fiscal year, including any
21		deposits required to reserve funds created for repair and
22		replacement of capital assets and to meet the obligations of
23		the Authority under any management agreement or assistance
24		agreement, and (iii) any amounts under (i) and (ii) above
25		remaining unpaid from previous years.
26		Beginning with fiscal year 2002 and continuing for each

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1		fiscal year thereafter, no less than 30 days before the
2		beginning of such fiscal year, the Chairman of the Illinois
3		Sports Facilities Authority shall certify to the State
4		Comptroller and the State Treasurer, without taking into
5		account any revenues or receipts of the Authority, the lesser
6		of (a) an amount equal to the sum of the Advance Amount plus
7		$10,000,000 and (b) the sum of (i) the amount anticipated to be
8		required by the Authority during the fiscal year to pay
9		principal of and interest on, and other payments relating to,
10		its obligations issued or to be issued under Section 13 of the
11		Illinois Sports Facilities Authority Act, including any
12		deposits required to reserve funds created under any indenture
13		or resolution authorizing issuance of the obligations and
14		payments to providers of credit enhancement, (ii) the amount
15		anticipated to be required by the Authority during the fiscal
16		year to pay obligations under the provisions of any management
17		agreement with respect to a facility or facilities owned by
18		the Authority or any assistance agreement with respect to any
19		facility for which financial assistance is provided under the
20		Illinois Sports Facilities Authority Act, and to pay other
21		capital and operating expenses of the Authority during the
22		fiscal year, including any deposits required to reserve funds
23		created for repair and replacement of capital assets and to
24		meet the obligations of the Authority under any management
25		agreement or assistance agreement, and (iii) any amounts under
26		(i) and (ii) above remaining unpaid from previous years.

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1		A copy of any certification made by the Chairman under the
2		preceding 2 paragraphs shall be filed with the Governor and
3		the Mayor of the City of Chicago. The Chairman may file an
4		amended certification from time to time.
5		Subject to sufficient appropriation by the General
6		Assembly, beginning with July 1, 1988 and thereafter
7		continuing on the first day of each month during each fiscal
8		year through and including fiscal year 2001, the Comptroller
9		shall order paid and the Treasurer shall pay to the Authority
10		the amount in the Illinois Sports Facilities Fund until (x)
11		the lesser of $10,000,000 or the amount appropriated for
12		payment to the Authority from amounts credited to the Subsidy
13		Account and (y) the lesser of $8,000,000 or the difference
14		between the amount appropriated for payment to the Authority
15		during the fiscal year and $10,000,000 has been paid from
16		amounts credited to the Advance Account.
17		Subject to sufficient appropriation by the General
18		Assembly, beginning with July 1, 2001, and thereafter
19		continuing on the first day of each month during each fiscal
20		year thereafter, the Comptroller shall order paid and the
21		Treasurer shall pay to the Authority the amount in the
22		Illinois Sports Facilities Fund until (x) the lesser of
23		$10,000,000 or the amount appropriated for payment to the
24		Authority from amounts credited to the Subsidy Account and (y)
25		the lesser of the Advance Amount or the difference between the
26		amount appropriated for payment to the Authority during the

HB0307 Enrolled - 46 - LRB102 11622 KTG 16956 b
1		fiscal year and $10,000,000 has been paid from amounts
2		credited to the Advance Account.
3		Provided that all amounts deposited in the Illinois Sports
4		Facilities Fund and credited to the Subsidy Account, to the
5		extent requested pursuant to the Chairman's certification,
6		have been paid, on June 30, 1989, and on June 30 of each year
7		thereafter, all amounts remaining in the Subsidy Account of
8		the Illinois Sports Facilities Fund shall be transferred by
9		the State Treasurer one-half to the General Revenue Fund in
10		the State Treasury and one-half to the City Tax Fund. Provided
11		that all amounts appropriated from the Illinois Sports
12		Facilities Fund, to the extent requested pursuant to the
13		Chairman's certification, have been paid, on June 30, 1989,
14		and on June 30 of each year thereafter, all amounts remaining
15		in the Advance Account of the Illinois Sports Facilities Fund
16		shall be transferred by the State Treasurer to the General
17		Revenue Fund in the State Treasury.
18		For purposes of this Section, the term "Advance Amount"
19		means, for fiscal year 2002, $22,179,000, and for subsequent
20		fiscal years through fiscal year 2033, 105.615% of the Advance
21		Amount for the immediately preceding fiscal year, rounded up
22		to the nearest $1,000.
23		(Source: P.A. 102-16, Article 2, Section 2-5, eff. 6-17-21;
24		102-16, Article 6, Section 6-5, eff. 6-17-21; revised
25		7-17-21.)

HB0307 Enrolled - 47 - LRB102 11622 KTG 16956 b
1		Section 35. The Illinois Procurement Code is amended by
2		changing Sections 35-30 and 50-85 as follows:
3		(30 ILCS 500/35-30)
4		(Text of Section before amendment by P.A. 101-657, Article
5		40, Section 40-125)
6		Sec. 35-30. Awards.
7		(a) All State contracts for professional and artistic
8		services, except as provided in this Section, shall be awarded
9		using the competitive request for proposal process outlined in
10		this Section. The scoring for requests for proposals shall
11		include the commitment to diversity factors and methodology
12		described in subsection (e-5) of Section 20-15.
13		(b) For each contract offered, the chief procurement
14		officer, State purchasing officer, or his or her designee
15		shall use the appropriate standard solicitation forms
16		available from the chief procurement officer for matters other
17		than construction or the higher education chief procurement
18		officer.
19		(c) Prepared forms shall be submitted to the chief
20		procurement officer for matters other than construction or the
21		higher education chief procurement officer, whichever is
22		appropriate, for publication in its Illinois Procurement
23		Bulletin and circulation to the chief procurement officer for
24		matters other than construction or the higher education chief
25		procurement officer's list of prequalified vendors. Notice of

HB0307 Enrolled - 48 - LRB102 11622 KTG 16956 b
1		the offer or request for proposal shall appear at least 14
2		calendar days before the response to the offer is due.
3		(d) All interested respondents shall return their
4		responses to the chief procurement officer for matters other
5		than construction or the higher education chief procurement
6		officer, whichever is appropriate, which shall open and record
7		them. The chief procurement officer for matters other than
8		construction or higher education chief procurement officer
9		then shall forward the responses, together with any
10		information it has available about the qualifications and
11		other State work of the respondents.
12		(e) After evaluation, ranking, and selection, the
13		responsible chief procurement officer, State purchasing
14		officer, or his or her designee shall notify the chief
15		procurement officer for matters other than construction or the
16		higher education chief procurement officer, whichever is
17		appropriate, of the successful respondent and shall forward a
18		copy of the signed contract for the chief procurement officer
19		for matters other than construction or higher education chief
20		procurement officer's file. The chief procurement officer for
21		matters other than construction or higher education chief
22		procurement officer shall publish the names of the responsible
23		procurement decision-maker, the agency letting the contract,
24		the successful respondent, a contract reference, and value of
25		the let contract in the next appropriate volume of the
26		Illinois Procurement Bulletin.

HB0307 Enrolled - 49 - LRB102 11622 KTG 16956 b
1		(f) For all professional and artistic contracts with
2		annualized value that exceeds $100,000, evaluation and ranking
3		by price are required. Any chief procurement officer or State
4		purchasing officer, but not their designees, may select a
5		respondent other than the lowest respondent by price. In any
6		case, when the contract exceeds the $100,000 threshold and the
7		lowest respondent is not selected, the chief procurement
8		officer or the State purchasing officer shall forward together
9		with the contract notice of who the low respondent by price was
10		and a written decision as to why another was selected to the
11		chief procurement officer for matters other than construction
12		or the higher education chief procurement officer, whichever
13		is appropriate. The chief procurement officer for matters
14		other than construction or higher education chief procurement
15		officer shall publish as provided in subsection (e) of Section
16		35-30, but shall include notice of the chief procurement
17		officer's or State purchasing officer's written decision.
18		(g) The chief procurement officer for matters other than
19		construction and higher education chief procurement officer
20		may each refine, but not contradict, this Section by
21		promulgating rules for submission to the Procurement Policy
22		Board and then to the Joint Committee on Administrative Rules.
23		Any refinement shall be based on the principles and procedures
24		of the federal Architect-Engineer Selection Law, Public Law
25		92-582 Brooks Act, and the Architectural, Engineering, and
26		Land Surveying Qualifications Based Selection Act; except that

HB0307 Enrolled - 50 - LRB102 11622 KTG 16956 b
1		pricing shall be an integral part of the selection process.
2		(Source: P.A. 100-43, eff. 8-9-17; 101-657, Article 5, Section
3		5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective
4		date of P.A. 101-657, Article 5, Section 5-5).)
5		(Text of Section after amendment by P.A. 101-657, Article
6		40, Section 40-125)
7		Sec. 35-30. Awards.
8		(a) All State contracts for professional and artistic
9		services, except as provided in this Section, shall be awarded
10		using the competitive request for proposal process outlined in
11		this Section. The scoring for requests for proposals shall
12		include the commitment to diversity factors and methodology
13		described in subsection (e-5) of Section 20-15.
14		(b) For each contract offered, the chief procurement
15		officer, State purchasing officer, or his or her designee
16		shall use the appropriate standard solicitation forms
17		available from the chief procurement officer for matters other
18		than construction or the higher education chief procurement
19		officer.
20		(c) Prepared forms shall be submitted to the chief
21		procurement officer for matters other than construction or the
22		higher education chief procurement officer, whichever is
23		appropriate, for publication in its Illinois Procurement
24		Bulletin and circulation to the chief procurement officer for
25		matters other than construction or the higher education chief

HB0307 Enrolled - 51 - LRB102 11622 KTG 16956 b
1		procurement officer's list of prequalified vendors. Notice of
2		the offer or request for proposal shall appear at least 14
3		calendar days before the response to the offer is due.
4		(d) All interested respondents shall return their
5		responses to the chief procurement officer for matters other
6		than construction or the higher education chief procurement
7		officer, whichever is appropriate, which shall open and record
8		them. The chief procurement officer for matters other than
9		construction or higher education chief procurement officer
10		then shall forward the responses, together with any
11		information it has available about the qualifications and
12		other State work of the respondents.
13		(e) After evaluation, ranking, and selection, the
14		responsible chief procurement officer, State purchasing
15		officer, or his or her designee shall notify the chief
16		procurement officer for matters other than construction or the
17		higher education chief procurement officer, whichever is
18		appropriate, of the successful respondent and shall forward a
19		copy of the signed contract for the chief procurement officer
20		for matters other than construction or higher education chief
21		procurement officer's file. The chief procurement officer for
22		matters other than construction or higher education chief
23		procurement officer shall publish the names of the responsible
24		procurement decision-maker, the agency letting the contract,
25		the successful respondent, a contract reference, and value of
26		the let contract in the next appropriate volume of the

HB0307 Enrolled - 52 - LRB102 11622 KTG 16956 b
1		Illinois Procurement Bulletin.
2		(f) For all professional and artistic contracts with
3		annualized value that exceeds $100,000, evaluation and ranking
4		by price are required. Any chief procurement officer or State
5		purchasing officer, but not their designees, may select a
6		respondent other than the lowest respondent by price. In any
7		case, when the contract exceeds the $100,000 threshold and the
8		lowest respondent is not selected, the chief procurement
9		officer or the State purchasing officer shall forward together
10		with the contract notice of who the low respondent by price was
11		and a written decision as to why another was selected to the
12		chief procurement officer for matters other than construction
13		or the higher education chief procurement officer, whichever
14		is appropriate. The chief procurement officer for matters
15		other than construction or higher education chief procurement
16		officer shall publish as provided in subsection (e) of Section
17		35-30, but shall include notice of the chief procurement
18		officer's or State purchasing officer's written decision.
19		(g) The chief procurement officer for matters other than
20		construction and higher education chief procurement officer
21		may each refine, but not contradict, this Section by
22		promulgating rules for submission to the Procurement Policy
23		Board and the Commission on Equity and Inclusion and then to
24		the Joint Committee on Administrative Rules. Any refinement
25		shall be based on the principles and procedures of the federal
26		Architect-Engineer Selection Law, Public Law 92-582 Brooks

HB0307 Enrolled - 53 - LRB102 11622 KTG 16956 b
1		Act, and the Architectural, Engineering, and Land Surveying
2		Qualifications Based Selection Act; except that pricing shall
3		be an integral part of the selection process.
4		(Source: P.A. 100-43, eff. 8-9-17; 101-657, Article 5, Section
5		5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective
6		date of P.A. 101-657, Article 5, Section 5-5); 101-657,
7		Article 40, Section 40-125, eff. 1-1-22; revised 7-13-21.)
8		(30 ILCS 500/50-85)
9		Sec. 50-85. Diversity training. (a) Each chief procurement
10		officer, State purchasing officer, procurement compliance
11		monitor, applicable support staff of each chief procurement
12		officer, State agency purchasing and contracting staff, those
13		identified under subsection (c) of Section 5-45 of the State
14		Officials and Employees Ethics Act who have the authority to
15		participate personally and substantially in the award of State
16		contracts, and any other State agency staff with substantial
17		procurement and contracting responsibilities as determined by
18		the chief procurement officer, in consultation with the State
19		agency, shall complete annual training for diversity and
20		inclusion. Each chief procurement officer shall prescribe the
21		program of diversity and inclusion training appropriate for
22		each chief procurement officer's jurisdiction.
23		(Source: P.A. 101-657, eff. 7-1-21 (See Section 25 of P.A.
24		102-29 for effective date of P.A. 101-657, Article 5, Section
25		5-5); revised 7-23-21.)

HB0307 Enrolled - 54 - LRB102 11622 KTG 16956 b
1		Section 40. The Commission on Equity and Inclusion Act is
2		amended by changing Section 40-1 as follows:
3		(30 ILCS 574/40-1)
4		(This Section may contain text from a Public Act with a
5		delayed effective date)
6		Sec. 40-1. Short title. This Article Act may be cited as
7		the Commission on Equity and Inclusion Act. References in this
8		Article to "this Act" mean this Article.
9		(Source: P.A. 101-657, eff. 1-1-22; revised 7-16-21.)
10		Section 45. The Illinois Income Tax Act is amended by
11		changing Sections 211 and 905 as follows:
12		(35 ILCS 5/211)
13		Sec. 211. Economic Development for a Growing Economy Tax
14		Credit. For tax years beginning on or after January 1, 1999, a
15		Taxpayer who has entered into an Agreement (including a New
16		Construction EDGE Agreement) under the Economic Development
17		for a Growing Economy Tax Credit Act is entitled to a credit
18		against the taxes imposed under subsections (a) and (b) of
19		Section 201 of this Act in an amount to be determined in the
20		Agreement. If the Taxpayer is a partnership or Subchapter S
21		corporation, the credit shall be allowed to the partners or
22		shareholders in accordance with the determination of income

HB0307 Enrolled - 55 - LRB102 11622 KTG 16956 b
1		and distributive share of income under Sections 702 and 704
2		and subchapter S of the Internal Revenue Code. The Department,
3		in cooperation with the Department of Commerce and Economic
4		Opportunity, shall prescribe rules to enforce and administer
5		the provisions of this Section. This Section is exempt from
6		the provisions of Section 250 of this Act.
7		The credit shall be subject to the conditions set forth in
8		the Agreement and the following limitations:
9		(1) The tax credit shall not exceed the Incremental
10		Income Tax (as defined in Section 5-5 of the Economic
11		Development for a Growing Economy Tax Credit Act) with
12		respect to the project; additionally, the New Construction
13		EDGE Credit shall not exceed the New Construction EDGE
14		Incremental Income Tax (as defined in Section 5-5 of the
15		Economic Development for a Growing Economy Tax Credit
16		Act).
17		(2) The amount of the credit allowed during the tax
18		year plus the sum of all amounts allowed in prior years
19		shall not exceed 100% of the aggregate amount expended by
20		the Taxpayer during all prior tax years on approved costs
21		defined by Agreement.
22		(3) The amount of the credit shall be determined on an
23		annual basis. Except as applied in a carryover year
24		pursuant to Section 211(4) of this Act, the credit may not
25		be applied against any State income tax liability in more
26		than 10 taxable years; provided, however, that (i) an

HB0307 Enrolled - 56 - LRB102 11622 KTG 16956 b
1		eligible business certified by the Department of Commerce
2		and Economic Opportunity under the Corporate Headquarters
3		Relocation Act may not apply the credit against any of its
4		State income tax liability in more than 15 taxable years
5		and (ii) credits allowed to that eligible business are
6		subject to the conditions and requirements set forth in
7		Sections 5-35 and 5-45 of the Economic Development for a
8		Growing Economy Tax Credit Act and Section 5-51 as
9		applicable to New Construction EDGE Credits.
10		(4) The credit may not exceed the amount of taxes
11		imposed pursuant to subsections (a) and (b) of Section 201
12		of this Act. Any credit that is unused in the year the
13		credit is computed may be carried forward and applied to
14		the tax liability of the 5 taxable years following the
15		excess credit year, except as otherwise provided under
16		paragraph (4.5) of this Section. The credit shall be
17		applied to the earliest year for which there is a tax
18		liability. If there are credits from more than one tax
19		year that are available to offset a liability, the earlier
20		credit shall be applied first.
21		(4.5) The Department of Commerce and Economic
22		Opportunity, in consultation with the Department of
23		Revenue, shall adopt rules to extend the sunset of any
24		earned, existing, or unused credit as provided for in
25		Section 605-1055 of the Department of Commerce and
26		Economic Opportunity Law of the Civil Administrative Code

HB0307 Enrolled - 57 - LRB102 11622 KTG 16956 b
1		of Illinois.
2		(5) No credit shall be allowed with respect to any
3		Agreement for any taxable year ending after the
4		Noncompliance Date. Upon receiving notification by the
5		Department of Commerce and Economic Opportunity of the
6		noncompliance of a Taxpayer with an Agreement, the
7		Department shall notify the Taxpayer that no credit is
8		allowed with respect to that Agreement for any taxable
9		year ending after the Noncompliance Date, as stated in
10		such notification. If any credit has been allowed with
11		respect to an Agreement for a taxable year ending after
12		the Noncompliance Date for that Agreement, any refund paid
13		to the Taxpayer for that taxable year shall, to the extent
14		of that credit allowed, be an erroneous refund within the
15		meaning of Section 912 of this Act.
16		If, during any taxable year, a taxpayer ceases
17		operations at a project location that is the subject of
18		that Agreement with the intent to terminate operations in
19		the State, the tax imposed under subsections (a) and (b)
20		of Section 201 of this Act for such taxable year shall be
21		increased by the amount of any credit allowed under the
22		Agreement for that project location prior to the date the
23		taxpayer ceases operations.
24		(6) For purposes of this Section, the terms
25		"Agreement", "Incremental Income Tax", "New Construction
26		EDGE Agreement", "New Construction EDGE Credit", "New

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1		Construction EDGE Incremental Income Tax", and
2		"Noncompliance Date" have the same meaning as when used in
3		the Economic Development for a Growing Economy Tax Credit
4		Act.
5		(Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21;
6		102-40, eff. 6-25-21; revised 7-15-21.)
7		(35 ILCS 5/905) (from Ch. 120, par. 9-905)
8		Sec. 905. Limitations on notices of deficiency.
9		(a) In general. Except as otherwise provided in this Act:
10		(1) A notice of deficiency shall be issued not later
11		than 3 years after the date the return was filed, and
12		(2) No deficiency shall be assessed or collected with
13		respect to the year for which the return was filed unless
14		such notice is issued within such period.
15		(a-5) Notwithstanding any other provision of this Act to
16		the contrary, for any taxable year included in a claim for
17		credit or refund for which the statute of limitations for
18		issuing a notice of deficiency under this Act will expire less
19		than 6 months after the date a taxpayer files the claim for
20		credit or refund, the statute of limitations is automatically
21		extended for 6 months from the date it would have otherwise
22		expired.
23		(b) Substantial omission of items.
24		(1) Omission of more than 25% of income. If the
25		taxpayer omits from base income an amount properly

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1		includible therein which is in excess of 25% of the amount
2		of base income stated in the return, a notice of
3		deficiency may be issued not later than 6 years after the
4		return was filed. For purposes of this paragraph, there
5		shall not be taken into account any amount which is
6		omitted in the return if such amount is disclosed in the
7		return, or in a statement attached to the return, in a
8		manner adequate to apprise the Department of the nature
9		and the amount of such item.
10		(2) Reportable transactions. If a taxpayer fails to
11		include on any return or statement for any taxable year
12		any information with respect to a reportable transaction,
13		as required under Section 501(b) of this Act, a notice of
14		deficiency may be issued not later than 6 years after the
15		return is filed with respect to the taxable year in which
16		the taxpayer participated in the reportable transaction
17		and said deficiency is limited to the non-disclosed item.
18		(3) Withholding. If an employer omits from a return
19		required under Section 704A of this Act for any period
20		beginning on or after January 1, 2013, an amount required
21		to be withheld and to be reported on that return which is
22		in excess of 25% of the total amount of withholding
23		required to be reported on that return, a notice of
24		deficiency may be issued not later than 6 years after the
25		return was filed.
26		(c) No return or fraudulent return. If no return is filed

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1		or a false and fraudulent return is filed with intent to evade
2		the tax imposed by this Act, a notice of deficiency may be
3		issued at any time. For purposes of this subsection (c), any
4		taxpayer who is required to join in the filing of a return
5		filed under the provisions of subsection (e) of Section 502 of
6		this Act for a taxable year ending on or after December 31,
7		2013 and who is not included on that return and does not file
8		its own return for that taxable year shall be deemed to have
9		failed to file a return; provided that the amount of any
10		proposed assessment set forth in a notice of deficiency issued
11		under this subsection (c) shall be limited to the amount of any
12		increase in liability under this Act that should have reported
13		on the return required under the provisions of subsection (e)
14		of Section 502 of this Act for that taxable year resulting from
15		proper inclusion of that taxpayer on that return.
16		(d) Failure to report federal change. If a taxpayer fails
17		to notify the Department in any case where notification is
18		required by Section 304(c) or 506(b), or fails to report a
19		change or correction which is treated in the same manner as if
20		it were a deficiency for federal income tax purposes, a notice
21		of deficiency may be issued (i) at any time or (ii) on or after
22		August 13, 1999, at any time for the taxable year for which the
23		notification is required or for any taxable year to which the
24		taxpayer may carry an Article 2 credit, or a Section 207 loss,
25		earned, incurred, or used in the year for which the
26		notification is required; provided, however, that the amount

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1		of any proposed assessment set forth in the notice shall be
2		limited to the amount of any deficiency resulting under this
3		Act from the recomputation of the taxpayer's net income,
4		Article 2 credits, or Section 207 loss earned, incurred, or
5		used in the taxable year for which the notification is
6		required after giving effect to the item or items required to
7		be reported.
8		(e) Report of federal change.
9		(1) Before August 13, 1999, in any case where
10		notification of an alteration is given as required by
11		Section 506(b), a notice of deficiency may be issued at
12		any time within 2 years after the date such notification
13		is given, provided, however, that the amount of any
14		proposed assessment set forth in such notice shall be
15		limited to the amount of any deficiency resulting under
16		this Act from recomputation of the taxpayer's net income,
17		net loss, or Article 2 credits for the taxable year after
18		giving effect to the item or items reflected in the
19		reported alteration.
20		(2) On and after August 13, 1999, in any case where
21		notification of an alteration is given as required by
22		Section 506(b), a notice of deficiency may be issued at
23		any time within 2 years after the date such notification
24		is given for the taxable year for which the notification
25		is given or for any taxable year to which the taxpayer may
26		carry an Article 2 credit, or a Section 207 loss, earned,

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1		incurred, or used in the year for which the notification
2		is given, provided, however, that the amount of any
3		proposed assessment set forth in such notice shall be
4		limited to the amount of any deficiency resulting under
5		this Act from recomputation of the taxpayer's net income,
6		Article 2 credits, or Section 207 loss earned, incurred,
7		or used in the taxable year for which the notification is
8		given after giving effect to the item or items reflected
9		in the reported alteration.
10		(f) Extension by agreement. Where, before the expiration
11		of the time prescribed in this Section for the issuance of a
12		notice of deficiency, both the Department and the taxpayer
13		shall have consented in writing to its issuance after such
14		time, such notice may be issued at any time prior to the
15		expiration of the period agreed upon. In the case of a taxpayer
16		who is a partnership, Subchapter S corporation, or trust and
17		who enters into an agreement with the Department pursuant to
18		this subsection on or after January 1, 2003, a notice of
19		deficiency may be issued to the partners, shareholders, or
20		beneficiaries of the taxpayer at any time prior to the
21		expiration of the period agreed upon. Any proposed assessment
22		set forth in the notice, however, shall be limited to the
23		amount of any deficiency resulting under this Act from
24		recomputation of items of income, deduction, credits, or other
25		amounts of the taxpayer that are taken into account by the
26		partner, shareholder, or beneficiary in computing its

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1		liability under this Act. The period so agreed upon may be
2		extended by subsequent agreements in writing made before the
3		expiration of the period previously agreed upon.
4		(g) Erroneous refunds. In any case in which there has been
5		an erroneous refund of tax payable under this Act, a notice of
6		deficiency may be issued at any time within 2 years from the
7		making of such refund, or within 5 years from the making of
8		such refund if it appears that any part of the refund was
9		induced by fraud or the misrepresentation of a material fact,
10		provided, however, that the amount of any proposed assessment
11		set forth in such notice shall be limited to the amount of such
12		erroneous refund.
13		Beginning July 1, 1993, in any case in which there has been
14		a refund of tax payable under this Act attributable to a net
15		loss carryback as provided for in Section 207, and that refund
16		is subsequently determined to be an erroneous refund due to a
17		reduction in the amount of the net loss which was originally
18		carried back, a notice of deficiency for the erroneous refund
19		amount may be issued at any time during the same time period in
20		which a notice of deficiency can be issued on the loss year
21		creating the carryback amount and subsequent erroneous refund.
22		The amount of any proposed assessment set forth in the notice
23		shall be limited to the amount of such erroneous refund.
24		(h) Time return deemed filed. For purposes of this Section
25		a tax return filed before the last day prescribed by law
26		(including any extension thereof) shall be deemed to have been

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1		filed on such last day.
2		(i) Request for prompt determination of liability. For
3		purposes of subsection (a)(1), in the case of a tax return
4		required under this Act in respect of a decedent, or by his
5		estate during the period of administration, or by a
6		corporation, the period referred to in such Subsection shall
7		be 18 months after a written request for prompt determination
8		of liability is filed with the Department (at such time and in
9		such form and manner as the Department shall by regulations
10		prescribe) by the executor, administrator, or other fiduciary
11		representing the estate of such decedent, or by such
12		corporation, but not more than 3 years after the date the
13		return was filed. This subsection shall not apply in the case
14		of a corporation unless:
15		(1) (A) such written request notifies the Department
16		that the corporation contemplates dissolution at or before
17		the expiration of such 18-month period, (B) the
18		dissolution is begun in good faith before the expiration
19		of such 18-month period, and (C) the dissolution is
20		completed;
21		(2) (A) such written request notifies the Department
22		that a dissolution has in good faith been begun, and (B)
23		the dissolution is completed; or
24		(3) a dissolution has been completed at the time such
25		written request is made.
26		(j) Withholding tax. In the case of returns required under

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1		Article 7 of this Act (with respect to any amounts withheld as
2		tax or any amounts required to have been withheld as tax) a
3		notice of deficiency shall be issued not later than 3 years
4		after the 15th day of the 4th month following the close of the
5		calendar year in which such withholding was required.
6		(k) Penalties for failure to make information reports. A
7		notice of deficiency for the penalties provided by Subsection
8		1405.1(c) of this Act may not be issued more than 3 years after
9		the due date of the reports with respect to which the penalties
10		are asserted.
11		(l) Penalty for failure to file withholding returns. A
12		notice of deficiency for penalties provided by Section 1004 of
13		this Act for the taxpayer's failure to file withholding
14		returns may not be issued more than three years after the 15th
15		day of the 4th month following the close of the calendar year
16		in which the withholding giving rise to the taxpayer's
17		obligation to file those returns occurred.
18		(m) Transferee liability. A notice of deficiency may be
19		issued to a transferee relative to a liability asserted under
20		Section 1405 during time periods defined as follows:
21		(1) 1) Initial Transferee. In the case of the
22		liability of an initial transferee, up to 2 years after
23		the expiration of the period of limitation for assessment
24		against the transferor, except that if a court proceeding
25		for review of the assessment against the transferor has
26		begun, then up to 2 years after the return of the certified

HB0307 Enrolled - 66 - LRB102 11622 KTG 16956 b
1		copy of the judgment in the court proceeding.
2		(2) 2) Transferee of Transferee. In the case of the
3		liability of a transferee, up to 2 years after the
4		expiration of the period of limitation for assessment
5		against the preceding transferee, but not more than 3
6		years after the expiration of the period of limitation for
7		assessment against the initial transferor; except that if,
8		before the expiration of the period of limitation for the
9		assessment of the liability of the transferee, a court
10		proceeding for the collection of the tax or liability in
11		respect thereof has been begun against the initial
12		transferor or the last preceding transferee, as the case
13		may be, then the period of limitation for assessment of
14		the liability of the transferee shall expire 2 years after
15		the return of the certified copy of the judgment in the
16		court proceeding.
17		(n) Notice of decrease in net loss. On and after August 23,
18		2002, no notice of deficiency shall be issued as the result of
19		a decrease determined by the Department in the net loss
20		incurred by a taxpayer in any taxable year ending prior to
21		December 31, 2002 under Section 207 of this Act unless the
22		Department has notified the taxpayer of the proposed decrease
23		within 3 years after the return reporting the loss was filed or
24		within one year after an amended return reporting an increase
25		in the loss was filed, provided that in the case of an amended
26		return, a decrease proposed by the Department more than 3

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1		years after the original return was filed may not exceed the
2		increase claimed by the taxpayer on the original return.
3		(Source: P.A. 102-40, eff. 6-25-21; revised 8-3-21.)
4		Section 50. The Local Government Revenue Recapture Act is
5		amended by changing Sections 5-20 and 10-30 as follows:
6		(50 ILCS 355/5-20)
7		Sec. 5-20. Retention, collection, disclosure, and
8		destruction of financial information.
9		(a) A third party in possession of a taxpayer's financial
10		information must permanently destroy that financial
11		information pursuant to this Act. The financial information
12		shall be destroyed upon the soonest of the following to occur:
13		(1) if the taxpayer is not referred to the Department,
14		within 30 days after receipt of the taxpayer's financial
15		information from either the municipality or county, unless
16		the third party is monitoring disbursements from the
17		Department on an ongoing basis for a municipality or
18		county, in which case, the financial information shall be
19		destroyed no later than 3 years after receipt; or
20		(2) within 30 days after the Department receives a
21		taxpayer audit referral from a third party referring the
22		taxpayer to the Department for additional review.
23		(b) No third party in possession of financial information
24		may sell, lease, trade, market, or otherwise utilize or profit

HB0307 Enrolled - 68 - LRB102 11622 KTG 16956 b
1		from a taxpayer's financial information. The municipality or
2		county may, however, negotiate a fee with the third party. The
3		fee may be in the form of a contingency fee for a percentage of
4		the amount of additional distributions the municipality or
5		county receives for no more than 3 years following the first
6		disbursement to the municipality or county as a result of the
7		services of the third party under this Act.
8		(c) No third party may permanently or temporarily collect,
9		capture, purchase, use, receive through trade, or otherwise
10		retain a taxpayer's financial information beyond the scope of
11		subsection (a) of this Section.
12		(d) No third party in possession of confidential
13		information may disclose, redisclose, share, or otherwise
14		disseminate a taxpayer's financial information.
15		(e) A third party must dispose of the materials containing
16		financial information in a manner that renders the financial
17		information unreadable, unusable, and undecipherable. Proper
18		disposal methods include, but are not limited to, the
19		following:
20		(1) in the case of paper documents, burning,
21		pulverizing, or shredding so that the information cannot
22		practicably be read or reconstructed; and
23		(2) in the case of electronic media and other
24		non-paper media containing information, destroying or
25		erasing so that information cannot practicably be read,
26		reconstructed, or otherwise utilized by the third party or

HB0307 Enrolled - 69 - LRB102 11622 KTG 16956 b
1		others.
2		(Source: P.A. 101-628, eff. 6-1-20; 102-40, eff. 6-25-21;
3		revised 8-3-21.)
4		(50 ILCS 355/10-30)
5		Sec. 10-30. Local government revenue recapture audit
6		referral.
7		(a) A third party shall not refer a taxpayer to the
8		Department for audit consideration unless the third party is
9		registered with the Department pursuant to Section 5-35.
10		(b) If, based on a review of the financial information
11		provided by the Department to a municipality or county, or
12		provided by a municipality or county to a registered third
13		party, the municipality or county discovers that a taxpayer
14		may have underpaid local retailers' or service occupation
15		taxes, then it may refer the matter to the Department for audit
16		consideration. The tax compliance referral may be made only by
17		the municipality, county, or third party and shall be made in
18		the form and manner required by the Department, including any
19		requirement that the referral be submitted electronically. The
20		tax compliance referral shall, at a minimum, include proof of
21		registration as a third party, a copy of a contract between the
22		third party and the county or municipality, the taxpayer's
23		name, Department account identification number, mailing
24		address, and business location, and the specific reason for
25		the tax compliance referral, including as much detail as

HB0307 Enrolled - 70 - LRB102 11622 KTG 16956 b
1		possible.
2		(c) The Department shall complete its evaluation of all
3		audit referrals under this Act within 90 days after receipt of
4		the referral and shall handle all audit referrals as follows:
5		(1) the Department shall evaluate the referral to
6		determine whether it is sufficient to warrant further
7		action based on the information provided in the referral,
8		any other information the Department possesses, and audit
9		selection procedures of the Department;
10		(2) if the Department determines that the referral is
11		not actionable, then the Department shall notify the local
12		government that it has evaluated the referral and has
13		determined that no action is deemed necessary and provide
14		the local government with an explanation for that
15		decision, including, but not limited to, an explanation
16		that (i) the Department has previously conducted an audit;
17		(ii) the Department is in the process of conducting an
18		investigation or other examination of the taxpayer's
19		records; (iii) the taxpayer has already been referred to
20		the Department and the Department determined an audit
21		referral is not actionable; (iv) the Department or a
22		qualified practitioner has previously conducted an audit
23		after referral under this Section 10-30; or (v) for just
24		cause;
25		(3) if the Department determines that the referral is
26		actionable, then it shall determine whether the taxpayer

HB0307 Enrolled - 71 - LRB102 11622 KTG 16956 b
1		is currently under audit or scheduled for audit by the
2		Department;
3		(A) if the taxpayer is not currently under audit
4		by the Department or scheduled for audit by the
5		Department, the Department shall determine whether it
6		will schedule the taxpayer for audit; and
7		(B) if the taxpayer is not under audit by the
8		Department and the Department decides under
9		subparagraph (A) not to schedule the taxpayer for
10		audit by the Department, then the Department shall
11		notify the taxpayer that the Department has received
12		an actionable audit referral on the taxpayer and issue
13		a notice to the taxpayer as provided under subsection
14		(d) of this Section.
15		(d) The notice to the taxpayer required by subparagraph
16		(B) of paragraph (3) of subsection (c) shall include, but not
17		be limited to, the following:
18		(1) that the taxpayer must either: (A) engage a
19		qualified practitioner, at the taxpayer's expense, to
20		complete a certified audit, limited in scope to the
21		taxpayer's Retailers' Occupation Tax, Use Tax, Service
22		Occupation Tax, or Service Use Tax liability, and the
23		taxpayer's liability for any local retailers' or service
24		occupation tax administered by the Department; or (B) be
25		subject to audit by the Department;
26		(2) that, as an incentive, for taxpayers who agree to

HB0307 Enrolled - 72 - LRB102 11622 KTG 16956 b
1		the limited-scope certified audit, the Department shall
2		abate penalties as provided in Section 10-20; and
3		(3) A statement that reads: "[INSERT THE NAME OF THE
4		ELECTED CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] has
5		contracted with [INSERT THIRD PARTY] to review your
6		Retailers' Occupation Tax, Use Tax, Service Occupation
7		Tax, Service Use Tax, and any local retailers' or service
8		occupation taxes reported to the Illinois Department of
9		Revenue ("Department"). [INSERT THE NAME OF THE ELECTED
10		CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] and [INSERT
11		THE THIRD PARTY] have selected and referred your business
12		to the Department for a certified audit of your Retailers'
13		Occupation Tax, Use Tax, Service Occupation Tax, Service
14		Use Tax, and any local retailers' or service occupation
15		taxes reported to the Department pursuant to the Local
16		Government Revenue Recapture Act. The purpose of the audit
17		is to verify that your business reported and submitted the
18		proper Retailers' Occupation Tax, Use Tax, Service
19		Occupation Tax, Service Use Tax, and any local retailers'
20		or service occupation taxes administered by the
21		Department. The Department is required to disclose your
22		confidential financial information to [INSERT THE NAME OF
23		THE ELECTED CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY]
24		and [INSERT THE THIRD PARTY]. Additional information can
25		be accessed from the Department's website and publications
26		for a basic overview of your rights as a Taxpayer. If you

HB0307 Enrolled - 73 - LRB102 11622 KTG 16956 b
1		have questions regarding your business's referral to the
2		Department for audit, please contact [CORPORATE
3		AUTHORITY'S] mayor, village president, or any other person
4		serving as [CORPORATE AUTHORITY'S] chief executive officer
5		or chief financial officer. [INSERT THIRD PARTY] is
6		prohibited from discussing this matter with you directly
7		or indirectly in any manner regardless of who initiates
8		the contact. If [INSERT THIRD PARTY] contacts you, please
9		contact the Department.".
10		(e) Within 90 days after notice by the Department, the
11		taxpayer must respond by stating in writing whether it will or
12		will not arrange for the performance of a certified audit
13		under this Act. If the taxpayer states that it will arrange for
14		the performance of a certified audit, then it must do so within
15		60 days after responding to the Department or within 90 days
16		after notice by the Department, whichever comes first. If the
17		taxpayer states that it will not arrange for the performance
18		of a certified audit or if the taxpayer does not arrange for
19		the performance of a certified audit within 180 days after
20		notice by the Department, then the Department may schedule the
21		taxpayer for audit by the Department.
22		(f) The certified audit must not be a contingent-fee
23		engagement and must be completed in accordance with this
24		Article 10.
25		(Source: P.A. 101-628, eff. 6-1-20; 102-40, eff. 6-25-21;
26		revised 8-3-21.)

HB0307 Enrolled - 74 - LRB102 11622 KTG 16956 b
1		Section 55. The Illinois Police Training Act is amended by
2		changing Section 6 as follows:
3		(50 ILCS 705/6) (from Ch. 85, par. 506)
4		(Text of Section before amendment by P.A. 101-652)
5		Sec. 6. Powers and duties of the Board; selection and
6		certification of schools. The Board shall select and certify
7		schools within the State of Illinois for the purpose of
8		providing basic training for probationary police officers,
9		probationary county corrections officers, and court security
10		officers and of providing advanced or in-service training for
11		permanent police officers or permanent county corrections
12		officers, which schools may be either publicly or privately
13		owned and operated. In addition, the Board has the following
14		power and duties:
15		a. To require local governmental units to furnish such
16		reports and information as the Board deems necessary to
17		fully implement this Act.
18		b. To establish appropriate mandatory minimum
19		standards relating to the training of probationary local
20		law enforcement officers or probationary county
21		corrections officers, and in-service training of permanent
22		police officers.
23		c. To provide appropriate certification to those
24		probationary officers who successfully complete the

HB0307 Enrolled - 75 - LRB102 11622 KTG 16956 b
1		prescribed minimum standard basic training course.
2		d. To review and approve annual training curriculum
3		for county sheriffs.
4		e. To review and approve applicants to ensure that no
5		applicant is admitted to a certified academy unless the
6		applicant is a person of good character and has not been
7		convicted of, or entered a plea of guilty to, a felony
8		offense, any of the misdemeanors in Sections 11-1.50,
9		11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
10		17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
11		of the Criminal Code of 1961 or the Criminal Code of 2012,
12		subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
13		Criminal Code of 1961 or the Criminal Code of 2012, or
14		subsection (a) of Section 17-32 of the Criminal Code of
15		1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
16		the Cannabis Control Act, or a crime involving moral
17		turpitude under the laws of this State or any other state
18		which if committed in this State would be punishable as a
19		felony or a crime of moral turpitude. The Board may
20		appoint investigators who shall enforce the duties
21		conferred upon the Board by this Act.
22		(Source: P.A. 101-187, eff. 1-1-20.)
23		(Text of Section after amendment by P.A. 101-652, Article
24		10, Section 10-143 but before amendment by P.A. 101-652,
25		Article 25, Section 25-40)

HB0307 Enrolled - 76 - LRB102 11622 KTG 16956 b
1		Sec. 6. Powers and duties of the Board; selection and
2		certification of schools. The Board shall select and certify
3		schools within the State of Illinois for the purpose of
4		providing basic training for probationary police officers,
5		probationary county corrections officers, and court security
6		officers and of providing advanced or in-service training for
7		permanent police officers or permanent county corrections
8		officers, which schools may be either publicly or privately
9		owned and operated. In addition, the Board has the following
10		power and duties:
11		a. To require local governmental units to furnish such
12		reports and information as the Board deems necessary to
13		fully implement this Act.
14		b. To establish appropriate mandatory minimum
15		standards relating to the training of probationary local
16		law enforcement officers or probationary county
17		corrections officers, and in-service training of permanent
18		police officers.
19		c. To provide appropriate certification to those
20		probationary officers who successfully complete the
21		prescribed minimum standard basic training course.
22		d. To review and approve annual training curriculum
23		for county sheriffs.
24		e. To review and approve applicants to ensure that no
25		applicant is admitted to a certified academy unless the
26		applicant is a person of good character and has not been

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1		convicted of, or entered a plea of guilty to, a felony
2		offense, any of the misdemeanors in Sections 11-1.50,
3		11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
4		17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
5		of the Criminal Code of 1961 or the Criminal Code of 2012,
6		subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
7		Criminal Code of 1961 or the Criminal Code of 2012, or
8		subsection (a) of Section 17-32 of the Criminal Code of
9		1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
10		the Cannabis Control Act, or a crime involving moral
11		turpitude under the laws of this State or any other state
12		which if committed in this State would be punishable as a
13		felony or a crime of moral turpitude. The Board may
14		appoint investigators who shall enforce the duties
15		conferred upon the Board by this Act.
16		f. To establish statewide standards for minimum
17		standards regarding regular mental health screenings for
18		probationary and permanent police officers, ensuring that
19		counseling sessions and screenings remain confidential.
20		(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
21		Section 10-143, eff. 7-1-21.)
22		(Text of Section after amendment by P.A. 101-652, Article
23		25, Section 25-40)
24		Sec. 6. Powers and duties of the Board; selection and
25		certification of schools. The Board shall select and certify

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1		schools within the State of Illinois for the purpose of
2		providing basic training for probationary law enforcement
3		officers, probationary county corrections officers, and court
4		security officers and of providing advanced or in-service
5		training for permanent law enforcement officers or permanent
6		county corrections officers, which schools may be either
7		publicly or privately owned and operated. In addition, the
8		Board has the following power and duties:
9		a. To require local governmental units, to furnish
10		such reports and information as the Board deems necessary
11		to fully implement this Act.
12		b. To establish appropriate mandatory minimum
13		standards relating to the training of probationary local
14		law enforcement officers or probationary county
15		corrections officers, and in-service training of permanent
16		law enforcement officers.
17		c. To provide appropriate certification to those
18		probationary officers who successfully complete the
19		prescribed minimum standard basic training course.
20		d. To review and approve annual training curriculum
21		for county sheriffs.
22		e. To review and approve applicants to ensure that no
23		applicant is admitted to a certified academy unless the
24		applicant is a person of good character and has not been
25		convicted of, found guilty of, or entered a plea of guilty
26		to, or entered a plea of nolo contendere to a felony

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1		offense, any of the misdemeanors in Sections 11-1.50,
2		11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2,
3		12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,
4		28-3, 29-1, any misdemeanor in violation of any Section of
5		Part E of Title III of the Criminal Code of 1961 or the
6		Criminal Code of 2012, or subsection (a) of Section 17-32
7		of the Criminal Code of 1961 or the Criminal Code of 2012,
8		or Section 5 or 5.2 of the Cannabis Control Act, or a crime
9		involving moral turpitude under the laws of this State or
10		any other state which if committed in this State would be
11		punishable as a felony or a crime of moral turpitude, or
12		any felony or misdemeanor in violation of federal law or
13		the law of any state that is the equivalent of any of the
14		offenses specified therein. The Board may appoint
15		investigators who shall enforce the duties conferred upon
16		the Board by this Act.
17		For purposes of this paragraph e, a person is
18		considered to have been convicted of, found guilty of, or
19		entered a plea of guilty to, plea of nolo contendere to
20		regardless of whether the adjudication of guilt or
21		sentence is withheld or not entered thereon. This includes
22		sentences of supervision, conditional discharge, or first
23		offender probation, or any similar disposition provided
24		for by law.
25		f. To establish statewide standards for minimum
26		standards regarding regular mental health screenings for

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1		probationary and permanent police officers, ensuring that
2		counseling sessions and screenings remain confidential.
3		f. For purposes of this paragraph (e), a person is
4		considered to have been "convicted of, found guilty of, or
5		entered a plea of guilty to, plea of nolo contendere to"
6		regardless of whether the adjudication of guilt or
7		sentence is withheld or not entered thereon. This includes
8		sentences of supervision, conditional discharge, or first
9		offender probation, or any similar disposition provided
10		for by law.
11		g. To review and ensure all law enforcement officers
12		remain in compliance with this Act, and any administrative
13		rules adopted under this Act.
14		h. To suspend any certificate for a definite period,
15		limit or restrict any certificate, or revoke any
16		certificate.
17		i. The Board and the Panel shall have power to secure
18		by its subpoena and bring before it any person or entity in
19		this State and to take testimony either orally or by
20		deposition or both with the same fees and mileage and in
21		the same manner as prescribed by law in judicial
22		proceedings in civil cases in circuit courts of this
23		State. The Board and the Panel shall also have the power to
24		subpoena the production of documents, papers, files,
25		books, documents, and records, whether in physical or
26		electronic form, in support of the charges and for

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1		defense, and in connection with a hearing or
2		investigation.
3		j. The Executive Director, the administrative law
4		judge designated by the Executive Director, and each
5		member of the Board and the Panel shall have the power to
6		administer oaths to witnesses at any hearing that the
7		Board is authorized to conduct under this Act and any
8		other oaths required or authorized to be administered by
9		the Board under this Act.
10		k. In case of the neglect or refusal of any person to
11		obey a subpoena issued by the Board and the Panel, any
12		circuit court, upon application of the Board and the
13		Panel, through the Illinois Attorney General, may order
14		such person to appear before the Board and the Panel give
15		testimony or produce evidence, and any failure to obey
16		such order is punishable by the court as a contempt
17		thereof. This order may be served by personal delivery, by
18		email, or by mail to the address of record or email address
19		of record.
20		l. The Board shall have the power to administer state
21		certification examinations. Any and all records related to
22		these examinations, including, but not limited to, test
23		questions, test formats, digital files, answer responses,
24		answer keys, and scoring information shall be exempt from
25		disclosure.
26		(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,

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1		Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
2		25-40, eff. 1-1-22; revised 4-26-21.)
3		Section 60. The Law Enforcement Officer-Worn Body Camera
4		Act is amended by changing Section 10-20 as follows:
5		(50 ILCS 706/10-20)
6		Sec. 10-20. Requirements.
7		(a) The Board shall develop basic guidelines for the use
8		of officer-worn body cameras by law enforcement agencies. The
9		guidelines developed by the Board shall be the basis for the
10		written policy which must be adopted by each law enforcement
11		agency which employs the use of officer-worn body cameras. The
12		written policy adopted by the law enforcement agency must
13		include, at a minimum, all of the following:
14		(1) Cameras must be equipped with pre-event recording,
15		capable of recording at least the 30 seconds prior to
16		camera activation, unless the officer-worn body camera was
17		purchased and acquired by the law enforcement agency prior
18		to July 1, 2015.
19		(2) Cameras must be capable of recording for a period
20		of 10 hours or more, unless the officer-worn body camera
21		was purchased and acquired by the law enforcement agency
22		prior to July 1, 2015.
23		(3) Cameras must be turned on at all times when the
24		officer is in uniform and is responding to calls for

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1		service or engaged in any law enforcement-related
2		encounter or activity, that occurs while the officer is on
3		duty.
4		(A) If exigent circumstances exist which prevent
5		the camera from being turned on, the camera must be
6		turned on as soon as practicable.
7		(B) Officer-worn body cameras may be turned off
8		when the officer is inside of a patrol car which is
9		equipped with a functioning in-car camera; however,
10		the officer must turn on the camera upon exiting the
11		patrol vehicle for law enforcement-related encounters.
12		(C) Officer-worn body cameras may be turned off
13		when the officer is inside a correctional facility or
14		courthouse which is equipped with a functioning camera
15		system.
16		(4) Cameras must be turned off when:
17		(A) the victim of a crime requests that the camera
18		be turned off, and unless impractical or impossible,
19		that request is made on the recording;
20		(B) a witness of a crime or a community member who
21		wishes to report a crime requests that the camera be
22		turned off, and unless impractical or impossible that
23		request is made on the recording;
24		(C) the officer is interacting with a confidential
25		informant used by the law enforcement agency; or
26		(D) an officer of the Department of Revenue enters

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1		a Department of Revenue facility or conducts an
2		interview during which return information will be
3		discussed or visible.
4		However, an officer may continue to record or resume
5		recording a victim or a witness, if exigent circumstances
6		exist, or if the officer has reasonable articulable
7		suspicion that a victim or witness, or confidential
8		informant has committed or is in the process of committing
9		a crime. Under these circumstances, and unless impractical
10		or impossible, the officer must indicate on the recording
11		the reason for continuing to record despite the request of
12		the victim or witness.
13		(4.5) Cameras may be turned off when the officer is
14		engaged in community caretaking functions. However, the
15		camera must be turned on when the officer has reason to
16		believe that the person on whose behalf the officer is
17		performing a community caretaking function has committed
18		or is in the process of committing a crime. If exigent
19		circumstances exist which prevent the camera from being
20		turned on, the camera must be turned on as soon as
21		practicable.
22		(5) The officer must provide notice of recording to
23		any person if the person has a reasonable expectation of
24		privacy and proof of notice must be evident in the
25		recording. If exigent circumstances exist which prevent
26		the officer from providing notice, notice must be provided

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1		as soon as practicable.
2		(6) (A) For the purposes of redaction, labeling, or
3		duplicating recordings, access to camera recordings shall
4		be restricted to only those personnel responsible for
5		those purposes. The recording officer or his or her
6		supervisor may not redact, label, duplicate or otherwise
7		alter the recording officer's camera recordings. Except as
8		otherwise provided in this Section, the recording officer
9		and his or her supervisor may access and review recordings
10		prior to completing incident reports or other
11		documentation, provided that the supervisor discloses that
12		fact in the report or documentation.
13		(i) A law enforcement officer shall not have
14		access to or review his or her body-worn camera
15		recordings or the body-worn camera recordings of
16		another officer prior to completing incident reports
17		or other documentation when the officer:
18		(a) has been involved in or is a witness to an
19		officer-involved shooting, use of deadly force
20		incident, or use of force incidents resulting in
21		great bodily harm;
22		(b) is ordered to write a report in response
23		to or during the investigation of a misconduct
24		complaint against the officer.
25		(ii) If the officer subject to subparagraph (i)
26		prepares a report, any report shall be prepared

HB0307 Enrolled - 86 - LRB102 11622 KTG 16956 b
1		without viewing body-worn camera recordings, and
2		subject to supervisor's approval, officers may file
3		amendatory reports after viewing body-worn camera
4		recordings. Supplemental reports under this provision
5		shall also contain documentation regarding access to
6		the video footage.
7		(B) The recording officer's assigned field
8		training officer may access and review recordings for
9		training purposes. Any detective or investigator
10		directly involved in the investigation of a matter may
11		access and review recordings which pertain to that
12		investigation but may not have access to delete or
13		alter such recordings.
14		(7) Recordings made on officer-worn cameras must be
15		retained by the law enforcement agency or by the camera
16		vendor used by the agency, on a recording medium for a
17		period of 90 days.
18		(A) Under no circumstances shall any recording,
19		except for a non-law enforcement related activity or
20		encounter, made with an officer-worn body camera be
21		altered, erased, or destroyed prior to the expiration
22		of the 90-day storage period. In the event any
23		recording made with an officer-worn body camera is
24		altered, erased, or destroyed prior to the expiration
25		of the 90-day storage period, the law enforcement
26		agency shall maintain, for a period of one year, a

HB0307 Enrolled - 87 - LRB102 11622 KTG 16956 b
1		written record including (i) the name of the
2		individual who made such alteration, erasure, or
3		destruction, and (ii) the reason for any such
4		alteration, erasure, or destruction.
5		(B) Following the 90-day storage period, any and
6		all recordings made with an officer-worn body camera
7		must be destroyed, unless any encounter captured on
8		the recording has been flagged. An encounter is deemed
9		to be flagged when:
10		(i) a formal or informal complaint has been
11		filed;
12		(ii) the officer discharged his or her firearm
13		or used force during the encounter;
14		(iii) death or great bodily harm occurred to
15		any person in the recording;
16		(iv) the encounter resulted in a detention or
17		an arrest, excluding traffic stops which resulted
18		in only a minor traffic offense or business
19		offense;
20		(v) the officer is the subject of an internal
21		investigation or otherwise being investigated for
22		possible misconduct;
23		(vi) the supervisor of the officer,
24		prosecutor, defendant, or court determines that
25		the encounter has evidentiary value in a criminal
26		prosecution; or

HB0307 Enrolled - 88 - LRB102 11622 KTG 16956 b
1		(vii) the recording officer requests that the
2		video be flagged for official purposes related to
3		his or her official duties.
4		(C) Under no circumstances shall any recording
5		made with an officer-worn body camera relating to a
6		flagged encounter be altered or destroyed prior to 2
7		years after the recording was flagged. If the flagged
8		recording was used in a criminal, civil, or
9		administrative proceeding, the recording shall not be
10		destroyed except upon a final disposition and order
11		from the court.
12		(8) Following the 90-day storage period, recordings
13		may be retained if a supervisor at the law enforcement
14		agency designates the recording for training purposes. If
15		the recording is designated for training purposes, the
16		recordings may be viewed by officers, in the presence of a
17		supervisor or training instructor, for the purposes of
18		instruction, training, or ensuring compliance with agency
19		policies.
20		(9) Recordings shall not be used to discipline law
21		enforcement officers unless:
22		(A) a formal or informal complaint of misconduct
23		has been made;
24		(B) a use of force incident has occurred;
25		(C) the encounter on the recording could result in
26		a formal investigation under the Uniform Peace

HB0307 Enrolled - 89 - LRB102 11622 KTG 16956 b
1		Officers' Disciplinary Act; or
2		(D) as corroboration of other evidence of
3		misconduct.
4		Nothing in this paragraph (9) shall be construed to
5		limit or prohibit a law enforcement officer from being
6		subject to an action that does not amount to discipline.
7		(10) The law enforcement agency shall ensure proper
8		care and maintenance of officer-worn body cameras. Upon
9		becoming aware, officers must as soon as practical
10		document and notify the appropriate supervisor of any
11		technical difficulties, failures, or problems with the
12		officer-worn body camera or associated equipment. Upon
13		receiving notice, the appropriate supervisor shall make
14		every reasonable effort to correct and repair any of the
15		officer-worn body camera equipment.
16		(11) No officer may hinder or prohibit any person, not
17		a law enforcement officer, from recording a law
18		enforcement officer in the performance of his or her
19		duties in a public place or when the officer has no
20		reasonable expectation of privacy. The law enforcement
21		agency's written policy shall indicate the potential
22		criminal penalties, as well as any departmental
23		discipline, which may result from unlawful confiscation or
24		destruction of the recording medium of a person who is not
25		a law enforcement officer. However, an officer may take
26		reasonable action to maintain safety and control, secure

HB0307 Enrolled - 90 - LRB102 11622 KTG 16956 b
1		crime scenes and accident sites, protect the integrity and
2		confidentiality of investigations, and protect the public
3		safety and order.
4		(b) Recordings made with the use of an officer-worn body
5		camera are not subject to disclosure under the Freedom of
6		Information Act, except that:
7		(1) if the subject of the encounter has a reasonable
8		expectation of privacy, at the time of the recording, any
9		recording which is flagged, due to the filing of a
10		complaint, discharge of a firearm, use of force, arrest or
11		detention, or resulting death or bodily harm, shall be
12		disclosed in accordance with the Freedom of Information
13		Act if:
14		(A) the subject of the encounter captured on the
15		recording is a victim or witness; and
16		(B) the law enforcement agency obtains written
17		permission of the subject or the subject's legal
18		representative;
19		(2) except as provided in paragraph (1) of this
20		subsection (b), any recording which is flagged due to the
21		filing of a complaint, discharge of a firearm, use of
22		force, arrest or detention, or resulting death or bodily
23		harm shall be disclosed in accordance with the Freedom of
24		Information Act; and
25		(3) upon request, the law enforcement agency shall
26		disclose, in accordance with the Freedom of Information

HB0307 Enrolled - 91 - LRB102 11622 KTG 16956 b
1		Act, the recording to the subject of the encounter
2		captured on the recording or to the subject's attorney, or
3		the officer or his or her legal representative.
4		For the purposes of paragraph (1) of this subsection (b),
5		the subject of the encounter does not have a reasonable
6		expectation of privacy if the subject was arrested as a result
7		of the encounter. For purposes of subparagraph (A) of
8		paragraph (1) of this subsection (b), "witness" does not
9		include a person who is a victim or who was arrested as a
10		result of the encounter.
11		Only recordings or portions of recordings responsive to
12		the request shall be available for inspection or reproduction.
13		Any recording disclosed under the Freedom of Information Act
14		shall be redacted to remove identification of any person that
15		appears on the recording and is not the officer, a subject of
16		the encounter, or directly involved in the encounter. Nothing
17		in this subsection (b) shall require the disclosure of any
18		recording or portion of any recording which would be exempt
19		from disclosure under the Freedom of Information Act.
20		(c) Nothing in this Section shall limit access to a camera
21		recording for the purposes of complying with Supreme Court
22		rules or the rules of evidence.
23		(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
24		revised 7-30-21.)
25		Section 65. The Emergency Telephone System Act is amended

HB0307 Enrolled - 92 - LRB102 11622 KTG 16956 b
1		by changing Section 11.5 as follows:
2		(50 ILCS 750/11.5)
3		(Section scheduled to be repealed on December 31, 2023)
4		Sec. 11.5. Aggregator and originating service provider
5		responsibilities.
6		(a) Each aggregator, and the originating service providers
7		whose 9-1-1 calls are being aggregated by the aggregator,
8		shall comply with their respective requirements in 83 Ill.
9		Adm. Code Part 725.410.
10		(b) Beginning July 1, 2021, each aggregator that is
11		operating within the State must email the Office of the
12		Statewide 9-1-1 Administrator to provide the following
13		information that supports the implementation of and the
14		migration to the Statewide NG9-1-1 system:
15		(1) A company 9-1-1 contact, address, email, and phone
16		number.
17		(2) A list of originating service providers that the
18		aggregator transports 9-1-1 calls for and then to the
19		appropriate 9-1-1 system provider. New or current
20		aggregators must update the required information within 30
21		days of implementing any changes in information required
22		by this subsection.
23		(c) Each aggregator shall establish procedures for
24		receiving No Record Found errors from the 9-1-1 System
25		Provider, identifying the originating service provider who

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1		delivered the call to the aggregator, and referring the No
2		Record Found errors to that originating service provider.
3		(d) Each originating service provider shall establish
4		procedures with the 9-1-1 system provider for preventing and
5		resolving No Record Found errors in the 9-1-1 database and
6		make every effort to ensure 9-1-1 calls are sent to the
7		appropriate public safety answering point.
8		(e) If a 9-1-1 system is being transitioned to NG9-1-1
9		service or to a new provider, each aggregator shall be
10		responsible for coordinating any modifications that are needed
11		to ensure that the originating service provider provides the
12		required level of service to its customers. Each aggregator
13		shall coordinate those network changes or additions for those
14		migrations in a timely manner with the appropriate 9-1-1
15		system provider who shall be managing its respective
16		implementation schedule and cut over. Each aggregator shall
17		send notice to its originating service provider customers of
18		the aggregator's successful turn up of the network changes or
19		additions supporting the migration and include the necessary
20		information for the originating service provider's migration
21		(such as public safety answering point name, Federal
22		Communications Commission Identification, and Emergency
23		Services Routing Number). The notice shall be provided to the
24		originating service providers within 2 weeks of acceptance
25		testing and conversion activities between the aggregator and
26		the 9-1-1 system provider.

HB0307 Enrolled - 94 - LRB102 11622 KTG 16956 b
1		(f) The 9-1-1 system provider shall coordinate directly
2		with the originating service providers (unless the aggregator
3		separately agrees to coordinate with the originating service
4		providers) for migration, but in no case shall that migration
5		exceed 30 days after receipt of notice from the aggregator,
6		unless agreed to by the originating service provider and 9-1-1
7		system provider.
8		(g) Each aggregator shall coordinate test calls with the
9		9-1-1 system provider and the 9-1-1 Authority when turning up
10		new circuits or making network changes. Each originating
11		service provider shall perform testing of its network and
12		provisioning upon notification from the aggregator that the
13		network has been tested and accepted with the 9-1-1 system
14		provider.
15		(h) Each aggregator and originating service provider
16		customer shall deliver all 9-1-1 calls, audio, data, and
17		location to the 9-1-1 system at a location determined by the
18		State.
19		(Source: P.A. 102-9, eff. 6-3-21; revised 7-16-21.)
20		Section 70. The Counties Code is amended by changing
21		Sections 2-3003 and 2-4006.5 as follows:
22		(55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
23		Sec. 2-3003. Apportionment plan.
24		(1) If the county board determines that members shall be

HB0307 Enrolled - 95 - LRB102 11622 KTG 16956 b
1		elected by districts, it shall develop an apportionment plan
2		and specify the number of districts and the number of county
3		board members to be elected from each district and whether
4		voters will have cumulative voting rights in multi-member
5		districts. Each such district:
6		a. Shall be substantially equal in population to each
7		other district;
8		b. Shall be comprised of contiguous territory, as
9		nearly compact as practicable; and
10		c. May divide townships or municipalities only when
11		necessary to conform to the population requirement of
12		paragraph a. of this Section; and .
13		d. Shall be created in such a manner so that no
14		precinct shall be divided between 2 or more districts,
15		insofar as is practicable.
16		(2) The county board of each county having a population of
17		less than 3,000,000 inhabitants may, if it should so decide,
18		provide within that county for single-member single member
19		districts outside the corporate limits and multi-member
20		districts within the corporate limits of any municipality with
21		a population in excess of 75,000. Paragraphs a, b, c, and d of
22		subsection (1) of this Section shall apply to the
23		apportionment of both single-member single and multi-member
24		districts within a county to the extent that compliance with
25		paragraphs a, b, c, and d still permit the establishment of
26		such districts, except that the population of any multi-member

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1		district shall be equal to the population of any single-member
2		single member district, times the number of members found
3		within that multi-member district.
4		(3) In a county where the Chairman of the County Board is
5		elected by the voters of the county as provided in Section
6		2-3007, the Chairman of the County Board may develop and
7		present to the Board by the third Wednesday in May in the year
8		after a federal decennial census year an apportionment plan in
9		accordance with the provisions of subsection (1) of this
10		Section. If the Chairman presents a plan to the Board by the
11		third Wednesday in May, the Board shall conduct at least one
12		public hearing to receive comments and to discuss the
13		apportionment plan, the hearing shall be held at least 6 days
14		but not more than 21 days after the Chairman's plan was
15		presented to the Board, and the public shall be given notice of
16		the hearing at least 6 days in advance. If the Chairman
17		presents a plan by the third Wednesday in May, the Board is
18		prohibited from enacting an apportionment plan until after a
19		hearing on the plan presented by the Chairman. The Chairman
20		shall have access to the federal decennial census available to
21		the Board.
22		(4) In a county where a County Executive is elected by the
23		voters of the county as provided in Section 2-5007 of this the
24		Counties Code, the County Executive may develop and present to
25		the Board by the third Wednesday in May in the year after a
26		federal decennial census year an apportionment plan in

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1		accordance with the provisions of subsection (1) of this
2		Section. If the Executive presents a plan to the Board by the
3		third Wednesday in May, the Board shall conduct at least one
4		public hearing to receive comments and to discuss the
5		apportionment plan, the hearing shall be held at least 6 days
6		but not more than 21 days after the Executive's plan was
7		presented to the Board, and the public shall be given notice of
8		the hearing at least 6 days in advance. If the Executive
9		presents a plan by the third Wednesday in May, the Board is
10		prohibited from enacting an apportionment plan until after a
11		hearing on the plan presented by the Executive. The Executive
12		shall have access to the federal decennial census available to
13		the Board.
14		(5) For the reapportionment of 2021, the Chairman of the
15		County Board or County Executive may develop and present (or
16		redevelop and represent) to the Board by the third Wednesday
17		in November in the year after a federal decennial census year
18		an apportionment plan and the Board shall conduct its public
19		hearing as provided in paragraphs (3) and (4) following
20		receipt of the apportionment plan.
21		(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
22		(55 ILCS 5/2-4006.5)
23		Sec. 2-4006.5. Commissioners in certain counties.
24		(a) If a county elects 3 commissioners at large under
25		Section 2-4006, registered voters of such county may, by a

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1		vote of a majority of those voting on such proposition,
2		determine to change the method of electing the board of county
3		commissioners by electing either 3 or 5 members from
4		single-member single member districts. In order for such
5		question to be placed upon the ballot, such petition must
6		contain the signatures of not fewer than 10% of the registered
7		voters of such county.
8		Commissioners may not be elected from single-member single
9		member districts until the question of electing either 3 or 5
10		commissioners from single-member single member districts has
11		been submitted to the electors of the county at a regular
12		election and approved by a majority of the electors voting on
13		the question. The commissioners must certify the question to
14		the proper election authority, which must submit the question
15		at an election in accordance with the Election Code.
16		The question must be in substantially the following form:
17		Shall the board of county commissioners of (name of
18		county) consist of (insert either 3 or 5) commissioners
19		elected from single-member single member districts?
20		The votes must be recorded as "Yes" or "No".
21		If a majority of the electors voting on the question vote
22		in the affirmative, a 3-member or 5-member board of county
23		commissioners, as the case may be, shall be established to be
24		elected from single-member single member districts.
25		(b) If the voters of the county decide to elect either 3 or
26		5 commissioners from single-member single member districts,

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1		the board of county commissioners shall on or before August 31
2		of the year following the 2000 federal decennial census divide
3		the county into either 3 or 5 compact and contiguous county
4		commission districts that are substantially equal in
5		population. On or before May 31 of the year following each
6		federal decennial census thereafter, the board of county
7		commissioners shall reapportion the county commission
8		districts to be compact, contiguous, and substantially equal
9		in population.
10		(c) The commissioners elected at large at or before the
11		general election in 2000 shall continue to serve until the
12		expiration of their terms. Of those commissioners, the
13		commissioner whose term expires in 2002 shall be assigned to
14		district 1; the commissioner whose term expires in 2004 shall
15		be assigned to district 2; and the commissioner whose term
16		expires in 2006 shall be assigned to district 3.
17		(d) If the voters of the county decide to elect 5
18		commissioners from single-member single member districts, at
19		the general election in 2002, one commissioner from and
20		residing in each of districts 1, 4, and 5 shall be elected. At
21		the general election in 2004, one commissioner from and
22		residing in each of districts 1, 2, and 5 shall be elected. At
23		the general election in 2006, one commissioner from and
24		residing in each of districts 2, 3, and 4 shall be elected. At
25		the general election in 2008, one commissioner from and
26		residing in each of districts 1, 3, and 5 shall be elected. At

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1		the general election in 2010, one commissioner from each of
2		districts 2 and 4 shall be elected. At the general election in
3		2012, commissioners from and residing in each district shall
4		be elected. Thereafter, commissioners shall be elected at each
5		general election to fill expired terms. Each commissioner must
6		reside in the district that he or she represents from the time
7		that he or she files his or her nomination papers until his or
8		her term expires.
9		In the year following the decennial census of 2010 and
10		every 10 years thereafter, the commissioners, publicly by lot,
11		shall divide the districts into 2 groups. One group shall
12		serve terms of 4 years, 4 years, and 2 years and one group
13		shall serve terms of 2 years, 4 years, and 4 years.
14		(Source: P.A. 91-846, eff. 6-22-00; 92-189, eff. 8-1-01;
15		revised 7-15-21.)
16		Section 75. The Illinois Municipal Code is amended by
17		changing Sections 5-2-2, 5-2-18.1, 11-5.1-2, and 11-13-14 as
18		follows:
19		(65 ILCS 5/5-2-2) (from Ch. 24, par. 5-2-2)
20		Sec. 5-2-2. Except as otherwise provided in Section 5-2-3,
21		the number of alderpersons, when not elected by the minority
22		representation plan, shall be as follows: In cities not
23		exceeding 3,000 inhabitants, 6 alderpersons; exceeding 3,000,
24		but not exceeding 15,000, 8 alderpersons; exceeding 15,000 but

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1		not exceeding 20,000, 10 alderpersons; exceeding 20,000 but
2		not exceeding 30,000, 14 alderpersons; and 2 additional
3		alderpersons for every 20,000 inhabitants over 30,000. In all
4		cities of less than 500,000, 20 alderpersons shall be the
5		maximum number permitted except as otherwise provided in the
6		case of alderpersons-at-large. No redistricting shall be
7		required in order to reduce the number of alderpersons
8		heretofore provided for. Two alderpersons shall be elected to
9		represent each ward.
10		If it appears from any census specified in Section 5-2-5
11		and taken not earlier than 1940 that any city has the requisite
12		number of inhabitants to authorize it to increase the number
13		of alderpersons, the city council shall immediately proceed to
14		redistrict the city in accordance with the provisions of
15		Section 5-2-5, and it shall hold the next city election in
16		accordance with the new redistricting. At this election the
17		alderpersons whose terms of office are not expiring shall be
18		considered alderpersons for the new wards respectively in
19		which their residences are situated. At this election a
20		candidate for alderperson may be elected from any ward that
21		contains a part of the ward in which he or she resided at least
22		one year next preceding the election that follows the
23		redistricting, and, if elected, that person may be reelected
24		from the new ward he or she represents if he or she resides in
25		that ward for at least one year next preceding reelection. If
26		there are 2 or more alderpersons with terms of office not

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1		expiring and residing in the same ward under the new
2		redistricting, the alderperson who holds over for that ward
3		shall be determined by lot in the presence of the city council,
4		in whatever manner the council shall direct and all other
5		alderpersons shall fill their unexpired terms as
6		alderpersons-at-large. The alderpersons-at-large, if any,
7		shall have the same power and duties as all other alderpersons
8		but upon expiration of their terms the offices of
9		alderpersons-at-large shall be abolished.
10		If the redistricting re-districting results in one or more
11		wards in which no alderpersons reside whose terms of office
12		have not expired, 2 alderpersons shall be elected in
13		accordance with the provisions of Section 5-2-8.
14		(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
15		(65 ILCS 5/5-2-18.1) (from Ch. 24, par. 5-2-18.1)
16		Sec. 5-2-18.1. In any city or village which has adopted
17		this Article and also has elected to choose alderpersons from
18		wards or trustees from districts, as the case may be, a
19		proposition to elect the city council at large shall be
20		submitted to the electors in the manner herein provided.
21		Electors of such city or village, equal to not less than
22		10% of the total vote cast for all candidates for mayor or
23		president in the last preceding municipal election for such
24		office, may petition for the submission to a vote of the
25		electors of that city or village the proposition whether the

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1		city council shall be elected at large. The petition shall be
2		in the same form as prescribed in Section 5-1-6, except that
3		said petition shall be modified as to the wording of the
4		proposition to be voted upon to conform to the wording of the
5		proposition as hereinafter set forth, and shall be filed with
6		the city clerk in accordance with the general election law.
7		The clerk shall certify the proposition to the proper election
8		authorities who shall submit the proposition at an election in
9		accordance with the general election law.
10		However, such proposition shall not be submitted at the
11		general primary election for the municipality.
12		The proposition shall be in substantially the following
13		form:
14		-------------------------------------------------------------
15		Shall the city (or village) of
16		.... elect the city council at YES
17		large instead of alderpersons ------------------------
18		(or trustees) from wards (or NO
19		districts)?
20		-------------------------------------------------------------
21		If a majority of those voting on the proposition vote
22		"yes", then the city council shall be elected at large at the
23		next general municipal election and the provisions of Section
24		5-2-12 shall be applicable. Upon the election and
25		qualification of such councilmen council men or trustees, the
26		terms of all sitting alderpersons shall expire.

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1		(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
2		(65 ILCS 5/11-5.1-2)
3		Sec. 11-5.1-2. Military equipment surplus program.
4		(a) For purposes of this Section:
5		"Bayonet" means large knives designed to be attached to
6		the muzzle of a rifle, shotgun, or long gun for the purposes of
7		hand-to-hand combat.
8		"Grenade launcher" means a firearm or firearm accessory
9		used to launch fragmentary explosive rounds designed to
10		inflict death or cause great bodily harm.
11		"Military equipment surplus program" means any federal or
12		state program allowing a law enforcement agency to obtain
13		surplus military equipment, including, but not limited limit
14		to, any program organized under Section 1122 of the National
15		Defense Authorization Act for Fiscal Year 1994 (Pub. L.
16		103-160) or Section 1033 of the National Defense Authorization
17		Act for Fiscal Year 1997 (Pub. L. 104-201) or any program
18		established by the United States Department of Defense under
19		10 U.S.C. 2576a.
20		"Tracked armored vehicle" means a vehicle that provides
21		ballistic protection to its occupants and utilizes a tracked
22		system instead of wheels for forward motion not including
23		vehicles listed in the Authorized Equipment List as published
24		by the Federal Emergency Management Agency.
25		"Weaponized aircraft, vessels, or vehicles" means any

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1		aircraft, vessel, or vehicle with weapons installed.
2		(b) A police department shall not request or receive from
3		any military equipment surplus program nor purchase or
4		otherwise utilize the following equipment:
5		(1) tracked armored vehicles;
6		(2) weaponized aircraft, vessels, or vehicles;
7		(3) firearms of .50-caliber or higher;
8		(4) ammunition of .50-caliber or higher;
9		(5) grenade launchers, grenades, or similar
10		explosives; or
11		(6) bayonets.
12		(c) A home rule municipality may not regulate the
13		acquisition of equipment in a manner inconsistent with this
14		Section. This Section is a limitation under subsection (i) of
15		Section 6 of Article VII of the Illinois Constitution on the
16		concurrent exercise by home rule municipalities of powers and
17		functions exercised by the State.
18		(d) If a police department requests other property not
19		prohibited from a military equipment surplus program, the
20		police department shall publish notice of the request on a
21		publicly accessible website maintained by the police
22		department or the municipality within 14 days after the
23		request.
24		(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
25		revised 7-30-21.)

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1		(65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)
2		Sec. 11-13-14. The regulations imposed and the districts
3		created under the authority of this Division 13 may be amended
4		from time to time by ordinance after the ordinance
5		establishing them has gone into effect, but no such amendments
6		shall be made without a hearing before some commission or
7		committee designated by the corporate authorities. Notice
8		shall be given of the time and place of the hearing, not more
9		than 30 nor less than 15 days before the hearing, by publishing
10		a notice thereof at least once in one or more newspapers
11		published in the municipality, or, if no newspaper is
12		published therein, then in one or more newspapers with a
13		general circulation within the municipality. In municipalities
14		with less than 500 population in which no newspaper is
15		published, publication may be made instead by posting a notice
16		in 3 prominent places within the municipality. In case of a
17		written protest against any proposed amendment of the
18		regulations or districts, signed and acknowledged by the
19		owners of 20% of the frontage proposed to be altered, or by the
20		owners of 20% of the frontage immediately adjoining or across
21		an alley therefrom, or by the owners of the 20% of the frontage
22		directly opposite the frontage proposed to be altered, is
23		filed with the clerk of the municipality, the amendment shall
24		not be passed except by a favorable vote of two-thirds of the
25		alderpersons or trustees of the municipality then holding
26		office. In such cases, a copy of the written protest shall be

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1		served by the protestor or protestors on the applicant for the
2		proposed amendments and a copy upon the applicant's attorney,
3		if any, by certified mail at the address of such applicant and
4		attorney shown in the application for the proposed amendment.
5		Any notice required by this Section need not include a metes
6		and bounds legal description, provided that the notice
7		includes: (i) the common street address or addresses and (ii)
8		the property index number ("PIN") or numbers of all the
9		parcels of real property contained in the affected area.
10		(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
11		Section 80. The Revised Cities and Villages Act of 1941 is
12		amended by changing Section 21-25 as follows:
13		(65 ILCS 20/21-25) (from Ch. 24, par. 21-25)
14		Sec. 21-25. Times for elections.) General elections for
15		alderpersons shall be held in the year or years fixed by law
16		for holding the same, on the last Tuesday of February of such
17		year. Any supplementary election for alderpersons held under
18		the provisions of this Article shall be held on the first
19		Tuesday of April next following the holding of such general
20		election of alderpersons.
21		(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
22		Section 85. The Metropolitan Pier and Exposition Authority
23		Act is amended by changing Section 5.6 as follows:

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1		(70 ILCS 210/5.6)
2		Sec. 5.6. Marketing agreement.
3		(a) The Authority shall enter into a marketing agreement
4		with a not-for-profit organization headquartered in Chicago
5		and recognized by the Department of Commerce and Economic
6		Opportunity as a certified local tourism and convention bureau
7		entitled to receive State tourism grant funds, provided the
8		bylaws of the organization establish a board of the
9		organization that is comprised of 35 members serving 3-year
10		staggered terms, including the following:
11		(1) no less than 8 members appointed by the Mayor of
12		Chicago, to include:
13		(A) a Chair of the board of the organization
14		appointed by the Mayor of the City of Chicago from
15		among the business and civic leaders of Chicago who
16		are not engaged in the hospitality business or who
17		have not served as a member of the Board or as chief
18		executive officer of the Authority; and
19		(B) 7 members from among the cultural, economic
20		development, or civic leaders of Chicago;
21		(2) the chairperson of the interim board or Board of
22		the Authority, or his or her designee;
23		(3) a representative from the department in the City
24		of Chicago that is responsible for the operation of
25		Chicago-area airports;

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1		(4) a representative from the department in the City
2		of Chicago that is responsible for the regulation of
3		Chicago-area livery vehicles;
4		(5) at least 1, but no more than:
5		(A) 2 members from the hotel industry;
6		(B) 2 members representing Chicago arts and
7		cultural institutions or projects;
8		(C) 2 members from the restaurant industry;
9		(D) 2 members employed by or representing an
10		entity responsible for a trade show;
11		(E) 2 members representing unions;
12		(F) 2 members from the attractions industry; and
13		(6) 7 members appointed by the Governor, including the
14		Director of the Illinois Department of Commerce and
15		Economic Opportunity, ex officio, as well as 3 members
16		from the hotel industry and 3 members representing Chicago
17		arts and cultural institutions or projects.
18		The bylaws of the organization may provide for the
19		appointment of a City of Chicago alderperson as an ex officio
20		member, and may provide for other ex officio members who shall
21		serve terms of one year.
22		Persons with a real or apparent conflict of interest shall
23		not be appointed to the board. Members of the board of the
24		organization shall not serve more than 2 terms. The bylaws
25		shall require the following: (i) that the Chair of the
26		organization name no less than 5 and no more than 9 members to

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1		the Executive Committee of the organization, one of whom must
2		be the chairperson of the interim board or Board of the
3		Authority, and (ii) a provision concerning conflict of
4		interest and a requirement that a member abstain from
5		participating in board action if there is a threat to the
6		independence of judgment created by any conflict of interest
7		or if participation is likely to have a negative effect on
8		public confidence in the integrity of the board.
9		(b) The Authority shall notify the Department of Revenue
10		within 10 days after entering into a contract pursuant to this
11		Section.
12		(Source: P.A. 102-15, eff. 6-17-21; 102-16, eff. 6-17-21;
13		revised 7-17-21.)
14		Section 90. The School Code is amended by changing Section
15		1-3 as follows:
16		(105 ILCS 5/1-3) (from Ch. 122, par. 1-3)
17		Sec. 1-3. Definitions. In this Code:
18		The terms "common schools", "free schools" and "public
19		schools" are used interchangeably to apply to any school
20		operated by authority of this Act.
21		"School board" means the governing body of any district
22		created or operating under authority of this Code Act,
23		including board of school directors and board of education.
24		When the context so indicates it also means the governing body

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1		of any non-high school district and of any special charter
2		district, including a board of school inspectors.
3		"Special charter district" means any city, township, or
4		district organized into a school district, under a special Act
5		or charter of the General Assembly or in which schools are now
6		managed and operating within such unit in whole or in part
7		under the terms of such special Act or charter.
8		(Source: Laws 1961, p. 31; revised 7-16-21.)
9		Section 95. The Student-Athlete Endorsement Rights Act is
10		amended by changing Section 20 as follows:
11		(110 ILCS 190/20)
12		Sec. 20. Agents; publicity rights; third party licensees.
13		(a) An agent, legal representative, or other professional
14		service provider offering services to a student-athlete shall,
15		to the extent required, comply with the federal Sports Agent
16		Responsibility and Trust Act and any other applicable laws,
17		rules, or regulations.
18		(b) A grant-in-aid, including cost of attendance, and
19		other permissible financial aid, awards, or benefits from the
20		postsecondary educational institution in which a
21		student-athlete is enrolled shall not be revoked, reduced, nor
22		the terms and conditions altered, as a result of a
23		student-athlete earning compensation or obtaining professional
24		or legal representation pursuant to this Act.

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1		(c) A student-athlete shall disclose to the postsecondary
2		educational institution in which the student is enrolled, in a
3		manner and time prescribed by the institution, the existence
4		and substance of all publicity rights agreements. Publicity
5		rights agreements that contemplate cash or other compensation
6		to the student-athlete that is equal to or in excess of a value
7		of $500 shall be formalized in a written contract, and the
8		contract shall be provided to the postsecondary educational
9		institution in which the student is enrolled prior to the
10		execution of the agreement and before any compensation is
11		provided to the student-athlete.
12		(d) A student-athlete may not enter into a publicity
13		rights agreement or otherwise receive compensation for that
14		student-athlete's name, image, likeness, or voice for services
15		rendered or performed while that student-athlete is
16		participating in activities sanctioned by that
17		student-athlete's postsecondary educational institution if
18		such services or performance by the student-athlete would
19		conflict with a provision in a contract, rule, regulation,
20		standard, or other requirement of the postsecondary
21		educational institution.
22		(e) No booster, third party licensee, or any other
23		individual or entity, shall provide or directly or indirectly
24		arrange for a third party to provide compensation to a
25		prospective or current student-athlete or enter into, or
26		directly or indirectly arrange for a third party to enter

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1		into, a publicity rights agreement as an inducement for the
2		student-athlete to attend or enroll in a specific institution
3		or group of institutions. Compensation for a student-athlete's
4		name, image, likeness, or voice shall not be conditioned on
5		athletic performance or attendance at a particular
6		postsecondary educational institution.
7		(f) A postsecondary educational institution may fund an
8		independent, third-party administrator to support education,
9		monitoring, disclosures, and reporting concerning name, image,
10		likeness, or voice activities by student-athletes authorized
11		pursuant to this Act. A third-party administrator cannot be a
12		registered athlete agent.
13		(g) No postsecondary educational institution shall provide
14		or directly or indirectly arrange for a third party
15		third-party to provide compensation to a prospective or
16		current student-athlete or enter into, or directly or
17		indirectly arrange for a third party to enter into, a
18		publicity rights agreement with a prospective or current
19		student-athlete.
20		(h) No student-athlete shall enter into a publicity rights
21		agreement or receive compensation from a third party licensee
22		relating to the name, image, likeness, or voice of the
23		student-athlete before the date on which the student-athlete
24		enrolls at a postsecondary educational institution.
25		(i) No student-athlete shall enter into a publicity rights
26		agreement or receive compensation from a third party licensee

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1		for the endorsement or promotion of gambling, sports betting,
2		controlled substances, cannabis, a tobacco or alcohol company,
3		brand, or products, alternative or electronic nicotine product
4		or delivery system, performance-enhancing supplements, adult
5		entertainment, or any other product or service that is
6		reasonably considered to be inconsistent with the values or
7		mission of a postsecondary educational institution or that
8		negatively impacts or reflects adversely on a postsecondary
9		educational institution or its athletic programs, including,
10		but not limited to, bringing about public disrepute,
11		embarrassment, scandal, ridicule, or otherwise negatively
12		impacting the reputation or the moral or ethical standards of
13		the postsecondary educational institution.
14		(Source: P.A. 102-42, eff. 7-1-21; revised 8-3-21.)
15		Section 100. The Illinois Educational Labor Relations Act
16		is amended by changing Section 11.1 as follows:
17		(115 ILCS 5/11.1)
18		Sec. 11.1. Dues collection.
19		(a) Employers shall make payroll deductions of employee
20		organization dues, initiation fees, assessments, and other
21		payments for an employee organization that is the exclusive
22		representative. Such deductions shall be made in accordance
23		with the terms of an employee's written authorization and
24		shall be paid to the exclusive representative. Written

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1		authorization may be evidenced by electronic communications,
2		and such writing or communication may be evidenced by the
3		electronic signature of the employee as provided under the
4		Uniform Electronic Transactions Act.
5		There is no impediment to an employee's right to resign
6		union membership at any time. However, notwithstanding any
7		other provision of law to the contrary regarding authorization
8		and deduction of dues or other payments to a labor
9		organization, the exclusive representative and an educational
10		employee may agree to reasonable limits on the right of the
11		employee to revoke such authorization, including a period of
12		irrevocability that exceeds one year. An authorization that is
13		irrevocable for one year, which may be automatically renewed
14		for successive annual periods in accordance with the terms of
15		the authorization, and that contains at least an annual 10-day
16		period of time during which the educational employee may
17		revoke the authorization, shall be deemed reasonable. This
18		Section shall apply to all claims that allege that an
19		educational employer or employee organization has improperly
20		deducted or collected dues from an employee without regard to
21		whether the claims or the facts upon which they are based
22		occurred before, on, or after December 20, 2019 (the effective
23		date of Public Act 101-620) this amendatory Act of the 101st
24		General Assembly and shall apply retroactively to the maximum
25		extent permitted by law.
26		(b) Upon receiving written notice of the authorization,

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1		the educational employer must commence dues deductions as soon
2		as practicable, but in no case later than 30 days after
3		receiving notice from the employee organization. Employee
4		deductions shall be transmitted to the employee organization
5		no later than 10 days after they are deducted unless a shorter
6		period is mutually agreed to.
7		(c) Deductions shall remain in effect until:
8		(1) the educational employer receives notice that an
9		educational employee has revoked his or her authorization
10		in writing in accordance with the terms of the
11		authorization; or
12		(2) the individual educational employee is no longer
13		employed by the educational employer in a bargaining unit
14		position represented by the same exclusive representative;
15		provided that if such employee is, within a period of one
16		year, employed by the same educational employer in a
17		position represented by the same employee organization,
18		the right to dues deduction shall be automatically
19		reinstated.
20		Nothing in this subsection prevents an employee from
21		continuing to authorize payroll deductions when no longer
22		represented by the exclusive representative that would receive
23		those deductions.
24		Should the individual educational employee who has signed
25		a dues deduction authorization card either be removed from an
26		educational employer's payroll or otherwise placed on any type

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1		of involuntary or voluntary leave of absence, whether paid or
2		unpaid, the employee's dues deduction shall be continued upon
3		that employee's return to the payroll in a bargaining unit
4		position represented by the same exclusive representative or
5		restoration to active duty from such a leave of absence.
6		(d) Unless otherwise mutually agreed by the educational
7		employer and the exclusive representative, employee requests
8		to authorize, revoke, cancel, or change authorizations for
9		payroll deductions for employee organizations shall be
10		directed to the employee organization rather than to the
11		educational employer. The employee organization shall be
12		responsible for initially processing and notifying the
13		educational employer of proper requests or providing proper
14		requests to the employer. If the requests are not provided to
15		the educational employer, the employer shall rely on
16		information provided by the employee organization regarding
17		whether deductions for an employee organization were properly
18		authorized, revoked, canceled, or changed, and the employee
19		organization shall indemnify the educational employer for any
20		damages and reasonable costs incurred for any claims made by
21		educational employees for deductions made in good faith
22		reliance on that information.
23		(e) Upon receipt by the exclusive representative of an
24		appropriate written authorization from an individual
25		educational employee, written notice of authorization shall be
26		provided to the educational employer and any authorized

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1		deductions shall be made in accordance with law. The employee
2		organization shall indemnify the educational employer for any
3		damages and reasonable costs incurred for any claims made by
4		an educational employee for deductions made in good faith
5		reliance on its notification.
6		(f) The failure of an educational employer to comply with
7		the provisions of this Section shall be a violation of the duty
8		to bargain and an unfair labor practice. Relief for the
9		violation shall be reimbursement by the educational employer
10		of dues that should have been deducted or paid based on a valid
11		authorization given by the educational employee or employees.
12		In addition, the provisions of a collective bargaining
13		agreement that contain the obligations set forth in this
14		Section may be enforced in accordance with Section 10.
15		(g) The Illinois Educational Labor Relations Board shall
16		have exclusive jurisdiction over claims under Illinois law
17		that allege an educational employer or employee organization
18		has unlawfully deducted or collected dues from an educational
19		employee in violation of this Act. The Board shall by rule
20		require that in cases in which an educational employee alleges
21		that an employee organization has unlawfully collected dues,
22		the educational employer shall continue to deduct the
23		employee's dues from the employee's pay, but shall transmit
24		the dues to the Board for deposit in an escrow account
25		maintained by the Board. If the exclusive representative
26		maintains an escrow account for the purpose of holding dues to

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1		which an employee has objected, the employer shall transmit
2		the entire amount of dues to the exclusive representative, and
3		the exclusive representative shall hold in escrow the dues
4		that the employer would otherwise have been required to
5		transmit to the Board for escrow; provided that the escrow
6		account maintained by the exclusive representative complies
7		with rules adopted by the Board or that the collective
8		bargaining agreement requiring the payment of the dues
9		contains an indemnification provision for the purpose of
10		indemnifying the employer with respect to the employer's
11		transmission of dues to the exclusive representative.
12		(h) If a collective bargaining agreement that includes a
13		dues deduction clause expires or continues in effect beyond
14		its scheduled expiration date pending the negotiation of a
15		successor agreement, then the employer shall continue to honor
16		and abide by the dues deduction clause until a new agreement
17		that includes a dues deduction clause is reached. Failure to
18		honor and abide by the dues deduction clause for the benefit of
19		any exclusive representative as set forth in this subsection
20		(h) shall be a violation of the duty to bargain and an unfair
21		labor practice. For the benefit of any successor exclusive
22		representative certified under this Act, this provision shall
23		be applicable, provided the successor exclusive representative
24		presents the employer with employee written authorizations or
25		certifications from the exclusive representative for the
26		deduction of dues, assessments, and fees under this subsection

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1		(h).
2		(i)(1) If any clause, sentence, paragraph, or subdivision
3		of this Section shall be adjudged by a court of competent
4		jurisdiction to be unconstitutional or otherwise invalid, that
5		judgment shall not affect, impair, or invalidate the remainder
6		thereof, but shall be confined in its operation to the clause,
7		sentence, paragraph, or subdivision of this Section directly
8		involved in the controversy in which such judgment shall have
9		been rendered.
10		(2) If any clause, sentence, paragraph, or part of a
11		signed authorization for payroll deductions shall be adjudged
12		by a court of competent jurisdiction to be unconstitutional or
13		otherwise invalid, that judgment shall not affect, impair, or
14		invalidate the remainder of the signed authorization, but
15		shall be confined in its operation to the clause, sentence,
16		paragraph, or part of the signed authorization directly
17		involved in the controversy in which such judgment shall have
18		been rendered.
19		(Source: P.A. 101-620, eff. 12-20-19; 102-38, eff. 6-25-21;
20		revised 8-3-21.)
21		Section 105. The Savings Bank Act is amended by changing
22		Section 6001 as follows:
23		(205 ILCS 205/6001) (from Ch. 17, par. 7306-1)
24		Sec. 6001. General provisions.

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1		(a) No savings bank shall make any loan or investment
2		authorized by this Article unless the savings bank first has
3		determined that the type, amount, purpose, and repayment
4		provisions of the loan or investment in relation to the
5		borrower's or issuer's resources and credit standing support
6		the reasonable belief that the loan or investment will be
7		financially sound and will be repaid according to its terms
8		and that the loan or investment is not otherwise unlawful.
9		(b) Each loan or investment that a savings bank makes or
10		purchases, whether wholly or in part, must be adequately
11		underwritten, reviewed periodically, and reserved against as
12		necessary in accordance with its payment performance, all in
13		accordance with the regulations and directives of the
14		Commissioner.
15		(c) Every appraisal or reappraisal of property that a
16		savings bank is required to make shall be made as follows:
17		(1) By an independent qualified appraiser, designated
18		by the board of directors, who is properly licensed or
19		certified by the entity authorized to govern his licensure
20		or certification and who meets the requirements of the
21		Appraisal Subcommittee and of the Federal Act.
22		(2) In the case of an insured or guaranteed loan, by
23		any appraiser appointed by any lending, insuring, or
24		guaranteeing agency of the United States or the State of
25		Illinois that insures or guarantees the loan, wholly or in
26		part.

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1		(3) Each appraisal shall be in writing prepared at the
2		request of the lender for the lender's use; disclose the
3		market value of the security offered; contain sufficient
4		information and data concerning the appraised property to
5		substantiate the market value thereof; be certified and
6		signed by the appraiser or appraisers; and state that the
7		appraiser or appraisers have personally examined the
8		described property. The appraisal shall be filed and
9		preserved by the savings bank. In addition, the appraisal
10		shall be prepared and reported in accordance with the
11		Standards of Professional Practice and the ethical rules
12		of the Appraisal Foundation as adopted and promulgated by
13		the Appraisal Subcommittee.
14		(d) If appraisals of real estate securing a savings bank's
15		loans are obtained as part of an examination by the
16		Commissioner, the cost of those appraisals shall promptly be
17		paid by the savings bank directly to the appraiser or
18		appraisers.
19		(e) Any violation of this Article shall constitute an
20		unsafe or unsound practice. Any person who knowingly violates
21		any provision of this Article shall be subject to enforcement
22		action or civil money penalties as provided for in this Act.
23		(f) For purposes of this Article, "underwriting" shall
24		mean the process of compiling information to support a
25		determination as to whether an investment or extension of
26		credit shall be made by a savings bank. It shall include, but

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1		not be limited to, evaluating a borrower's creditworthiness,
2		determination of the value of the underlying collateral,
3		market factors, and the appropriateness of the investment or
4		loan for the savings bank. Underwriting as used herein does
5		not include the agreement to purchase unsold portions of
6		public offerings of stocks or bonds as commonly used in
7		corporate securities issuances and sales.
8		(g) For purposes of this Section, the following
9		definitions shall apply:
10		(1) "Federal Act" means Title XI of the Financial
11		Institutions Reform, Recovery, and Enforcement Act of 1989
12		and regulations adopted pursuant thereto.
13		(2) "Appraisal Subcommittee" means the designee of the
14		heads of the Federal Financial Institutions Examination
15		Council Act of 1978 (12 U.S.C. 3301 et seq.).
16		(3) "Appraisal Foundation" means the Appraisal
17		Foundation that was incorporated as an Illinois
18		not-for-profit corporation on November 30, 1987.
19		(Source: P.A. 90-665, eff. 7-30-98; revised 7-30-21.)
20		Section 110. The Illinois Credit Union Act is amended by
21		changing Section 20 as follows:
22		(205 ILCS 305/20) (from Ch. 17, par. 4421)
23		Sec. 20. Election or appointment of officials.
24		(1) The credit union shall be directed by a board of

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1		directors consisting of no less than 7 in number, to be elected
2		at the annual meeting by and from the members. Directors shall
3		hold office until the next annual meeting, unless their terms
4		are staggered. Upon amendment of its bylaws, a credit union
5		may divide the directors into 2 or 3 classes with each class as
6		nearly equal in number as possible. The term of office of the
7		directors of the first class shall expire at the first annual
8		meeting after their election, that of the second class shall
9		expire at the second annual meeting after their election, and
10		that of the third class, if any, shall expire at the third
11		annual meeting after their election. At each annual meeting
12		after the classification, the number of directors equal to the
13		number of directors whose terms expire at the time of the
14		meeting shall be elected to hold office until the second
15		succeeding annual meeting if there are 2 classes or until the
16		third succeeding annual meeting if there are 3 classes. A
17		director shall hold office for the term for which he or she is
18		elected and until his or her successor is elected and
19		qualified.
20		(1.5) Except as provided in subsection (1.10), in all
21		elections for directors, every member has the right to vote,
22		in person, by proxy, or by secure electronic record if
23		approved by the board of directors, the number of shares owned
24		by him, or in the case of a member other than a natural person,
25		the member's one vote, for as many persons as there are
26		directors to be elected, or to cumulate such shares, and give

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1		one candidate as many votes as the number of directors
2		multiplied by the number of his shares equals, or to
3		distribute them on the same principle among as many candidates
4		as he may desire and the directors shall not be elected in any
5		other manner. Shares held in a joint account owned by more than
6		one member may be voted by any one of the members, however, the
7		number of cumulative votes cast may not exceed a total equal to
8		the number of shares multiplied by the number of directors to
9		be elected. A majority of the shares entitled to vote shall be
10		represented either in person or by proxy for the election of
11		directors. Each director shall wholly take and subscribe to an
12		oath that he will diligently and honestly perform his duties
13		in administering the affairs of the credit union, that while
14		he may delegate to another the performance of those
15		administrative duties he is not thereby relieved from his
16		responsibility for their performance, that he will not
17		knowingly violate or permit to be violated any law applicable
18		to the credit union, and that he is the owner of at least one
19		share of the credit union.
20		(1.10) Upon amendment of a credit union's bylaws approved
21		by the members, in all elections for directors, every member
22		who is a natural person shall have the right to cast one vote,
23		regardless of the number of his or her shares, in person, by
24		proxy, or by secure electronic record if approved by the board
25		of directors, for as many persons as there are directors to be
26		elected.

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1		(1.15) If the board of directors has adopted a policy
2		addressing age eligibility standards on voting, holding
3		office, or petitioning the board, then a credit union may
4		require (i) that members be at least 18 years of age by the
5		date of the meeting in order to vote at meetings of the
6		members, sign nominating petitions, or sign petitions
7		requesting special meetings, and (ii) that members be at least
8		18 years of age by the date of election or appointment in order
9		to hold elective or appointive office.
10		(2) The board of directors shall appoint from among the
11		members of the credit union, a supervisory committee of not
12		less than 3 members at the organization meeting and within 30
13		days following each annual meeting of the members for such
14		terms as the bylaws provide. Members of the supervisory
15		committee may, but need not be, on the board of directors, but
16		shall not be officers of the credit union, members of the
17		credit committee, or the credit manager if no credit committee
18		has been appointed.
19		(3) The board of directors may appoint, from among the
20		members of the credit union, a credit committee consisting of
21		an odd number, not less than 3 for such terms as the bylaws
22		provide. Members of the credit committee may, but need not be,
23		directors or officers of the credit union, but shall not be
24		members of the supervisory committee.
25		(4) The board of directors may appoint from among the
26		members of the credit union a membership committee of one or

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1		more persons. If appointed, the committee shall act upon all
2		applications for membership and submit a report of its actions
3		to the board of directors at the next regular meeting for
4		review. If no membership committee is appointed, credit union
5		management shall act upon all applications for membership and
6		submit a report of its actions to the board of directors at the
7		next regular meeting for review.
8		(5) As used in this Section, "electronic" and "electronic
9		record" have the meanings ascribed to those terms in the
10		Uniform Electronic Transactions Act. As used in this Section,
11		"secured electronic record" means an electronic record that
12		meets the criteria set forth in the Uniform Electronic
13		Transactions Act.
14		(Source: P.A. 102-38, eff. 6-25-21; revised 8-3-21.)
15		Section 115. The Illinois Community Reinvestment Act is
16		amended by changing Section 35-1 as follows:
17		(205 ILCS 735/35-1)
18		Sec. 35-1. Short title. This Article Act may be cited as
19		the Illinois Community Reinvestment Act. References in this
20		Article to "this Act" mean this Article.
21		(Source: P.A. 101-657, eff. 3-23-21; revised 7-16-21.)
22		Section 120. The Specialized Mental Health Rehabilitation
23		Act of 2013 is amended by changing Section 5-112 as follows:

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1		(210 ILCS 49/5-112)
2		Sec. 5-112. Bed reduction payments. The Department of
3		Healthcare and Family Services shall make payments to
4		facilities licensed under this Act for the purpose of reducing
5		bed capacity and room occupancy. Facilities desiring to
6		participate in these payments shall submit a proposal to the
7		Department for review. In the proposal the facility shall
8		detail the number of beds that are seeking to eliminate and the
9		price they are requesting to eliminate those beds. The
10		facility shall also detail in their proposal if the affected
11		effected beds would reduce room occupancy from 3 or 4 beds to
12		double occupancy or if is the bed elimination would create
13		single occupancy. Priority will be given to proposals that
14		eliminate the use of three-person or four-person occupancy
15		rooms. Proposals shall be collected by the Department within a
16		specific time period and the Department will negotiate all
17		payments before making final awards to ensure that the funding
18		appropriated is sufficient to fund the awards. Payments shall
19		not be less than $25,000 per bed and proposals to eliminate
20		beds that lead to single occupancy rooms shall receive an
21		additional $10,000 per bed over and above any other negotiated
22		bed elimination payment. Before a facility can receive payment
23		under this Section, the facility must receive approval from
24		the Department of Public Health for the permanent removal of
25		the beds for which they are receiving payment. Payment for the

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1		elimination of the beds shall be made within 15 days of the
2		facility notifying the Department of Public Health about the
3		bed license elimination. Under no circumstances shall a
4		facility be allowed to increase the capacity of a facility
5		once payment has been received for the elimination of beds.
6		(Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.)
7		Section 125. The Emergency Medical Services (EMS) Systems
8		Act is amended by changing Sections 3.116, 3.117, and 3.117.5
9		as follows:
10		(210 ILCS 50/3.116)
11		Sec. 3.116. Hospital Stroke Care; definitions. As used in
12		Sections 3.116 through 3.119, 3.130, 3.200, and 3.226 of this
13		Act:
14		"Acute Stroke-Ready Hospital" means a hospital that has
15		been designated by the Department as meeting the criteria for
16		providing emergent stroke care. Designation may be provided
17		after a hospital has been certified or through application and
18		designation as such.
19		"Certification" or "certified" means certification, using
20		evidence-based standards, from a nationally recognized
21		nationally-recognized certifying body approved by the
22		Department.
23		"Comprehensive Stroke Center" means a hospital that has
24		been certified and has been designated as such.

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1		"Designation" or "designated" means the Department's
2		recognition of a hospital as a Comprehensive Stroke Center,
3		Primary Stroke Center, or Acute Stroke-Ready Hospital.
4		"Emergent stroke care" is emergency medical care that
5		includes diagnosis and emergency medical treatment of acute
6		stroke patients.
7		"Emergent Stroke Ready Hospital" means a hospital that has
8		been designated by the Department as meeting the criteria for
9		providing emergent stroke care.
10		"Primary Stroke Center" means a hospital that has been
11		certified by a Department-approved, nationally recognized
12		nationally-recognized certifying body and designated as such
13		by the Department.
14		"Regional Stroke Advisory Subcommittee" means a
15		subcommittee formed within each Regional EMS Advisory
16		Committee to advise the Director and the Region's EMS Medical
17		Directors Committee on the triage, treatment, and transport of
18		possible acute stroke patients and to select the Region's
19		representative to the State Stroke Advisory Subcommittee. At
20		minimum, the Regional Stroke Advisory Subcommittee shall
21		consist of: one representative from the EMS Medical Directors
22		Committee; one EMS coordinator from a Resource Hospital; one
23		administrative representative or his or her designee from each
24		level of stroke care, including Comprehensive Stroke Centers
25		within the Region, if any, Primary Stroke Centers within the
26		Region, if any, and Acute Stroke-Ready Hospitals within the

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1		Region, if any; one physician from each level of stroke care,
2		including one physician who is a neurologist or who provides
3		advanced stroke care at a Comprehensive Stroke Center in the
4		Region, if any, one physician who is a neurologist or who
5		provides acute stroke care at a Primary Stroke Center in the
6		Region, if any, and one physician who provides acute stroke
7		care at an Acute Stroke-Ready Hospital in the Region, if any;
8		one nurse practicing in each level of stroke care, including
9		one nurse from a Comprehensive Stroke Center in the Region, if
10		any, one nurse from a Primary Stroke Center in the Region, if
11		any, and one nurse from an Acute Stroke-Ready Hospital in the
12		Region, if any; one representative from both a public and a
13		private vehicle service provider that transports possible
14		acute stroke patients within the Region; the State-designated
15		regional EMS Coordinator; and a fire chief or his or her
16		designee from the EMS Region, if the Region serves a
17		population of more than 2,000,000. The Regional Stroke
18		Advisory Subcommittee shall establish bylaws to ensure equal
19		membership that rotates and clearly delineates committee
20		responsibilities and structure. Of the members first
21		appointed, one-third shall be appointed for a term of one
22		year, one-third shall be appointed for a term of 2 years, and
23		the remaining members shall be appointed for a term of 3 years.
24		The terms of subsequent appointees shall be 3 years.
25		"State Stroke Advisory Subcommittee" means a standing
26		advisory body within the State Emergency Medical Services

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1		Advisory Council.
2		(Source: P.A. 98-1001, eff. 1-1-15; revised 7-16-21.)
3		(210 ILCS 50/3.117)
4		Sec. 3.117. Hospital designations.
5		(a) The Department shall attempt to designate Primary
6		Stroke Centers in all areas of the State.
7		(1) The Department shall designate as many certified
8		Primary Stroke Centers as apply for that designation
9		provided they are certified by a nationally recognized
10		nationally-recognized certifying body, approved by the
11		Department, and certification criteria are consistent with
12		the most current nationally recognized
13		nationally-recognized, evidence-based stroke guidelines
14		related to reducing the occurrence, disabilities, and
15		death associated with stroke.
16		(2) A hospital certified as a Primary Stroke Center by
17		a nationally recognized nationally-recognized certifying
18		body approved by the Department, shall send a copy of the
19		Certificate and annual fee to the Department and shall be
20		deemed, within 30 business days of its receipt by the
21		Department, to be a State-designated Primary Stroke
22		Center.
23		(3) A center designated as a Primary Stroke Center
24		shall pay an annual fee as determined by the Department
25		that shall be no less than $100 and no greater than $500.

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1		All fees shall be deposited into the Stroke Data
2		Collection Fund.
3		(3.5) With respect to a hospital that is a designated
4		Primary Stroke Center, the Department shall have the
5		authority and responsibility to do the following:
6		(A) Suspend or revoke a hospital's Primary Stroke
7		Center designation upon receiving notice that the
8		hospital's Primary Stroke Center certification has
9		lapsed or has been revoked by the State recognized
10		certifying body.
11		(B) Suspend a hospital's Primary Stroke Center
12		designation, in extreme circumstances where patients
13		may be at risk for immediate harm or death, until such
14		time as the certifying body investigates and makes a
15		final determination regarding certification.
16		(C) Restore any previously suspended or revoked
17		Department designation upon notice to the Department
18		that the certifying body has confirmed or restored the
19		Primary Stroke Center certification of that previously
20		designated hospital.
21		(D) Suspend a hospital's Primary Stroke Center
22		designation at the request of a hospital seeking to
23		suspend its own Department designation.
24		(4) Primary Stroke Center designation shall remain
25		valid at all times while the hospital maintains its
26		certification as a Primary Stroke Center, in good

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1		standing, with the certifying body. The duration of a
2		Primary Stroke Center designation shall coincide with the
3		duration of its Primary Stroke Center certification. Each
4		designated Primary Stroke Center shall have its
5		designation automatically renewed upon the Department's
6		receipt of a copy of the accrediting body's certification
7		renewal.
8		(5) A hospital that no longer meets nationally
9		recognized nationally-recognized, evidence-based
10		standards for Primary Stroke Centers, or loses its Primary
11		Stroke Center certification, shall notify the Department
12		and the Regional EMS Advisory Committee within 5 business
13		days.
14		(a-5) The Department shall attempt to designate
15		Comprehensive Stroke Centers in all areas of the State.
16		(1) The Department shall designate as many certified
17		Comprehensive Stroke Centers as apply for that
18		designation, provided that the Comprehensive Stroke
19		Centers are certified by a nationally recognized
20		nationally-recognized certifying body approved by the
21		Department, and provided that the certifying body's
22		certification criteria are consistent with the most
23		current nationally recognized nationally-recognized and
24		evidence-based stroke guidelines for reducing the
25		occurrence of stroke and the disabilities and death
26		associated with stroke.

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1		(2) A hospital certified as a Comprehensive Stroke
2		Center shall send a copy of the Certificate and annual fee
3		to the Department and shall be deemed, within 30 business
4		days of its receipt by the Department, to be a
5		State-designated Comprehensive Stroke Center.
6		(3) A hospital designated as a Comprehensive Stroke
7		Center shall pay an annual fee as determined by the
8		Department that shall be no less than $100 and no greater
9		than $500. All fees shall be deposited into the Stroke
10		Data Collection Fund.
11		(4) With respect to a hospital that is a designated
12		Comprehensive Stroke Center, the Department shall have the
13		authority and responsibility to do the following:
14		(A) Suspend or revoke the hospital's Comprehensive
15		Stroke Center designation upon receiving notice that
16		the hospital's Comprehensive Stroke Center
17		certification has lapsed or has been revoked by the
18		State recognized certifying body.
19		(B) Suspend the hospital's Comprehensive Stroke
20		Center designation, in extreme circumstances in which
21		patients may be at risk for immediate harm or death,
22		until such time as the certifying body investigates
23		and makes a final determination regarding
24		certification.
25		(C) Restore any previously suspended or revoked
26		Department designation upon notice to the Department

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1		that the certifying body has confirmed or restored the
2		Comprehensive Stroke Center certification of that
3		previously designated hospital.
4		(D) Suspend the hospital's Comprehensive Stroke
5		Center designation at the request of a hospital
6		seeking to suspend its own Department designation.
7		(5) Comprehensive Stroke Center designation shall
8		remain valid at all times while the hospital maintains its
9		certification as a Comprehensive Stroke Center, in good
10		standing, with the certifying body. The duration of a
11		Comprehensive Stroke Center designation shall coincide
12		with the duration of its Comprehensive Stroke Center
13		certification. Each designated Comprehensive Stroke Center
14		shall have its designation automatically renewed upon the
15		Department's receipt of a copy of the certifying body's
16		certification renewal.
17		(6) A hospital that no longer meets nationally
18		recognized nationally-recognized, evidence-based
19		standards for Comprehensive Stroke Centers, or loses its
20		Comprehensive Stroke Center certification, shall notify
21		the Department and the Regional EMS Advisory Committee
22		within 5 business days.
23		(b) Beginning on the first day of the month that begins 12
24		months after the adoption of rules authorized by this
25		subsection, the Department shall attempt to designate
26		hospitals as Acute Stroke-Ready Hospitals in all areas of the

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1		State. Designation may be approved by the Department after a
2		hospital has been certified as an Acute Stroke-Ready Hospital
3		or through application and designation by the Department. For
4		any hospital that is designated as an Emergent Stroke Ready
5		Hospital at the time that the Department begins the
6		designation of Acute Stroke-Ready Hospitals, the Emergent
7		Stroke Ready designation shall remain intact for the duration
8		of the 12-month period until that designation expires. Until
9		the Department begins the designation of hospitals as Acute
10		Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke
11		Ready Hospital designation utilizing the processes and
12		criteria provided in Public Act 96-514.
13		(1) (Blank).
14		(2) Hospitals may apply for, and receive, Acute
15		Stroke-Ready Hospital designation from the Department,
16		provided that the hospital attests, on a form developed by
17		the Department in consultation with the State Stroke
18		Advisory Subcommittee, that it meets, and will continue to
19		meet, the criteria for Acute Stroke-Ready Hospital
20		designation and pays an annual fee.
21		A hospital designated as an Acute Stroke-Ready
22		Hospital shall pay an annual fee as determined by the
23		Department that shall be no less than $100 and no greater
24		than $500. All fees shall be deposited into the Stroke
25		Data Collection Fund.
26		(2.5) A hospital may apply for, and receive, Acute

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1		Stroke-Ready Hospital designation from the Department,
2		provided that the hospital provides proof of current Acute
3		Stroke-Ready Hospital certification and the hospital pays
4		an annual fee.
5		(A) Acute Stroke-Ready Hospital designation shall
6		remain valid at all times while the hospital maintains
7		its certification as an Acute Stroke-Ready Hospital,
8		in good standing, with the certifying body.
9		(B) The duration of an Acute Stroke-Ready Hospital
10		designation shall coincide with the duration of its
11		Acute Stroke-Ready Hospital certification.
12		(C) Each designated Acute Stroke-Ready Hospital
13		shall have its designation automatically renewed upon
14		the Department's receipt of a copy of the certifying
15		body's certification renewal and Application for
16		Stroke Center Designation form.
17		(D) A hospital must submit a copy of its
18		certification renewal from the certifying body as soon
19		as practical but no later than 30 business days after
20		that certification is received by the hospital. Upon
21		the Department's receipt of the renewal certification,
22		the Department shall renew the hospital's Acute
23		Stroke-Ready Hospital designation.
24		(E) A hospital designated as an Acute Stroke-Ready
25		Hospital shall pay an annual fee as determined by the
26		Department that shall be no less than $100 and no

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1		greater than $500. All fees shall be deposited into
2		the Stroke Data Collection Fund.
3		(3) Hospitals seeking Acute Stroke-Ready Hospital
4		designation that do not have certification shall develop
5		policies and procedures that are consistent with
6		nationally recognized nationally-recognized,
7		evidence-based protocols for the provision of emergent
8		stroke care. Hospital policies relating to emergent stroke
9		care and stroke patient outcomes shall be reviewed at
10		least annually, or more often as needed, by a hospital
11		committee that oversees quality improvement. Adjustments
12		shall be made as necessary to advance the quality of
13		stroke care delivered. Criteria for Acute Stroke-Ready
14		Hospital designation of hospitals shall be limited to the
15		ability of a hospital to:
16		(A) create written acute care protocols related to
17		emergent stroke care;
18		(A-5) participate in the data collection system
19		provided in Section 3.118, if available;
20		(B) maintain a written transfer agreement with one
21		or more hospitals that have neurosurgical expertise;
22		(C) designate a Clinical Director of Stroke Care
23		who shall be a clinical member of the hospital staff
24		with training or experience, as defined by the
25		facility, in the care of patients with cerebrovascular
26		disease. This training or experience may include, but

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1		is not limited to, completion of a fellowship or other
2		specialized training in the area of cerebrovascular
3		disease, attendance at national courses, or prior
4		experience in neuroscience intensive care units. The
5		Clinical Director of Stroke Care may be a neurologist,
6		neurosurgeon, emergency medicine physician, internist,
7		radiologist, advanced practice registered nurse, or
8		physician's assistant;
9		(C-5) provide rapid access to an acute stroke
10		team, as defined by the facility, that considers and
11		reflects nationally recognized, evidence-based
12		nationally-recognized, evidenced-based protocols or
13		guidelines;
14		(D) administer thrombolytic therapy, or
15		subsequently developed medical therapies that meet
16		nationally recognized nationally-recognized,
17		evidence-based stroke guidelines;
18		(E) conduct brain image tests at all times;
19		(F) conduct blood coagulation studies at all
20		times;
21		(G) maintain a log of stroke patients, which shall
22		be available for review upon request by the Department
23		or any hospital that has a written transfer agreement
24		with the Acute Stroke-Ready Hospital;
25		(H) admit stroke patients to a unit that can
26		provide appropriate care that considers and reflects

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1		nationally recognized nationally-recognized,
2		evidence-based protocols or guidelines or transfer
3		stroke patients to an Acute Stroke-Ready Hospital,
4		Primary Stroke Center, or Comprehensive Stroke Center,
5		or another facility that can provide the appropriate
6		care that considers and reflects nationally recognized
7		nationally-recognized, evidence-based protocols or
8		guidelines; and
9		(I) demonstrate compliance with nationally
10		recognized nationally-recognized quality indicators.
11		(4) With respect to Acute Stroke-Ready Hospital
12		designation, the Department shall have the authority and
13		responsibility to do the following:
14		(A) Require hospitals applying for Acute
15		Stroke-Ready Hospital designation to attest, on a form
16		developed by the Department in consultation with the
17		State Stroke Advisory Subcommittee, that the hospital
18		meets, and will continue to meet, the criteria for an
19		Acute Stroke-Ready Hospital.
20		(A-5) Require hospitals applying for Acute
21		Stroke-Ready Hospital designation via national Acute
22		Stroke-Ready Hospital certification to provide proof
23		of current Acute Stroke-Ready Hospital certification,
24		in good standing.
25		The Department shall require a hospital that is
26		already certified as an Acute Stroke-Ready Hospital to

HB0307 Enrolled - 142 - LRB102 11622 KTG 16956 b
1		send a copy of the Certificate to the Department.
2		Within 30 business days of the Department's
3		receipt of a hospital's Acute Stroke-Ready Certificate
4		and Application for Stroke Center Designation form
5		that indicates that the hospital is a certified Acute
6		Stroke-Ready Hospital, in good standing, the hospital
7		shall be deemed a State-designated Acute Stroke-Ready
8		Hospital. The Department shall send a designation
9		notice to each hospital that it designates as an Acute
10		Stroke-Ready Hospital and shall add the names of
11		designated Acute Stroke-Ready Hospitals to the website
12		listing immediately upon designation. The Department
13		shall immediately remove the name of a hospital from
14		the website listing when a hospital loses its
15		designation after notice and, if requested by the
16		hospital, a hearing.
17		The Department shall develop an Application for
18		Stroke Center Designation form that contains a
19		statement that "The above named facility meets the
20		requirements for Acute Stroke-Ready Hospital
21		Designation as provided in Section 3.117 of the
22		Emergency Medical Services (EMS) Systems Act" and
23		shall instruct the applicant facility to provide: the
24		hospital name and address; the hospital CEO or
25		Administrator's typed name and signature; the hospital
26		Clinical Director of Stroke Care's typed name and

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1		signature; and a contact person's typed name, email
2		address, and phone number.
3		The Application for Stroke Center Designation form
4		shall contain a statement that instructs the hospital
5		to "Provide proof of current Acute Stroke-Ready
6		Hospital certification from a nationally recognized
7		nationally-recognized certifying body approved by the
8		Department".
9		(B) Designate a hospital as an Acute Stroke-Ready
10		Hospital no more than 30 business days after receipt
11		of an attestation that meets the requirements for
12		attestation, unless the Department, within 30 days of
13		receipt of the attestation, chooses to conduct an
14		onsite survey prior to designation. If the Department
15		chooses to conduct an onsite survey prior to
16		designation, then the onsite survey shall be conducted
17		within 90 days of receipt of the attestation.
18		(C) Require annual written attestation, on a form
19		developed by the Department in consultation with the
20		State Stroke Advisory Subcommittee, by Acute
21		Stroke-Ready Hospitals to indicate compliance with
22		Acute Stroke-Ready Hospital criteria, as described in
23		this Section, and automatically renew Acute
24		Stroke-Ready Hospital designation of the hospital.
25		(D) Issue an Emergency Suspension of Acute
26		Stroke-Ready Hospital designation when the Director,

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1		or his or her designee, has determined that the
2		hospital no longer meets the Acute Stroke-Ready
3		Hospital criteria and an immediate and serious danger
4		to the public health, safety, and welfare exists. If
5		the Acute Stroke-Ready Hospital fails to eliminate the
6		violation immediately or within a fixed period of
7		time, not exceeding 10 days, as determined by the
8		Director, the Director may immediately revoke the
9		Acute Stroke-Ready Hospital designation. The Acute
10		Stroke-Ready Hospital may appeal the revocation within
11		15 business days after receiving the Director's
12		revocation order, by requesting an administrative
13		hearing.
14		(E) After notice and an opportunity for an
15		administrative hearing, suspend, revoke, or refuse to
16		renew an Acute Stroke-Ready Hospital designation, when
17		the Department finds the hospital is not in
18		substantial compliance with current Acute Stroke-Ready
19		Hospital criteria.
20		(c) The Department shall consult with the State Stroke
21		Advisory Subcommittee for developing the designation,
22		re-designation, and de-designation processes for Comprehensive
23		Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready
24		Hospitals.
25		(d) The Department shall consult with the State Stroke
26		Advisory Subcommittee as subject matter experts at least

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1		annually regarding stroke standards of care.
2		(Source: P.A. 100-513, eff. 1-1-18; revised 7-16-21.)
3		(210 ILCS 50/3.117.5)
4		Sec. 3.117.5. Hospital Stroke Care; grants.
5		(a) In order to encourage the establishment and retention
6		of Comprehensive Stroke Centers, Primary Stroke Centers, and
7		Acute Stroke-Ready Hospitals throughout the State, the
8		Director may award, subject to appropriation, matching grants
9		to hospitals to be used for the acquisition and maintenance of
10		necessary infrastructure, including personnel, equipment, and
11		pharmaceuticals for the diagnosis and treatment of acute
12		stroke patients. Grants may be used to pay the fee for
13		certifications by Department approved nationally recognized
14		nationally-recognized certifying bodies or to provide
15		additional training for directors of stroke care or for
16		hospital staff.
17		(b) The Director may award grant moneys to Comprehensive
18		Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready
19		Hospitals for developing or enlarging stroke networks, for
20		stroke education, and to enhance the ability of the EMS System
21		to respond to possible acute stroke patients.
22		(c) A Comprehensive Stroke Center, Primary Stroke Center,
23		or Acute Stroke-Ready Hospital, or a hospital seeking
24		certification as a Comprehensive Stroke Center, Primary Stroke
25		Center, or Acute Stroke-Ready Hospital or designation as an

HB0307 Enrolled - 146 - LRB102 11622 KTG 16956 b
1		Acute Stroke-Ready Hospital, may apply to the Director for a
2		matching grant in a manner and form specified by the Director
3		and shall provide information as the Director deems necessary
4		to determine whether the hospital is eligible for the grant.
5		(d) Matching grant awards shall be made to Comprehensive
6		Stroke Centers, Primary Stroke Centers, Acute Stroke-Ready
7		Hospitals, or hospitals seeking certification or designation
8		as a Comprehensive Stroke Center, Primary Stroke Center, or
9		Acute Stroke-Ready Hospital. The Department may consider
10		prioritizing grant awards to hospitals in areas with the
11		highest incidence of stroke, taking into account geographic
12		diversity, where possible.
13		(Source: P.A. 98-1001, eff. 1-1-15; revised 7-16-21.)
14		Section 130. The Medical Practice Act of 1987 is amended
15		by changing Section 23 as follows:
16		(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
17		(Text of Section before amendment by P.A. 102-20)
18		(Section scheduled to be repealed on January 1, 2027)
19		Sec. 23. Reports relating to professional conduct and
20		capacity.
21		(A) Entities required to report.
22		(1) Health care institutions. The chief administrator
23		or executive officer of any health care institution
24		licensed by the Illinois Department of Public Health shall

HB0307 Enrolled - 147 - LRB102 11622 KTG 16956 b
1		report to the Disciplinary Board when any person's
2		clinical privileges are terminated or are restricted based
3		on a final determination made in accordance with that
4		institution's by-laws or rules and regulations that a
5		person has either committed an act or acts which may
6		directly threaten patient care or that a person may have a
7		mental or physical disability that may endanger patients
8		under that person's care. Such officer also shall report
9		if a person accepts voluntary termination or restriction
10		of clinical privileges in lieu of formal action based upon
11		conduct related directly to patient care or in lieu of
12		formal action seeking to determine whether a person may
13		have a mental or physical disability that may endanger
14		patients under that person's care. The Disciplinary Board
15		shall, by rule, provide for the reporting to it by health
16		care institutions of all instances in which a person,
17		licensed under this Act, who is impaired by reason of age,
18		drug or alcohol abuse or physical or mental impairment, is
19		under supervision and, where appropriate, is in a program
20		of rehabilitation. Such reports shall be strictly
21		confidential and may be reviewed and considered only by
22		the members of the Disciplinary Board, or by authorized
23		staff as provided by rules of the Disciplinary Board.
24		Provisions shall be made for the periodic report of the
25		status of any such person not less than twice annually in
26		order that the Disciplinary Board shall have current

HB0307 Enrolled - 148 - LRB102 11622 KTG 16956 b
1		information upon which to determine the status of any such
2		person. Such initial and periodic reports of impaired
3		physicians shall not be considered records within the
4		meaning of the The State Records Act and shall be disposed
5		of, following a determination by the Disciplinary Board
6		that such reports are no longer required, in a manner and
7		at such time as the Disciplinary Board shall determine by
8		rule. The filing of such reports shall be construed as the
9		filing of a report for purposes of subsection (C) of this
10		Section.
11		(1.5) Clinical training programs. The program director
12		of any post-graduate clinical training program shall
13		report to the Disciplinary Board if a person engaged in a
14		post-graduate clinical training program at the
15		institution, including, but not limited to, a residency or
16		fellowship, separates from the program for any reason
17		prior to its conclusion. The program director shall
18		provide all documentation relating to the separation if,
19		after review of the report, the Disciplinary Board
20		determines that a review of those documents is necessary
21		to determine whether a violation of this Act occurred.
22		(2) Professional associations. The President or chief
23		executive officer of any association or society, of
24		persons licensed under this Act, operating within this
25		State shall report to the Disciplinary Board when the
26		association or society renders a final determination that

HB0307 Enrolled - 149 - LRB102 11622 KTG 16956 b
1		a person has committed unprofessional conduct related
2		directly to patient care or that a person may have a mental
3		or physical disability that may endanger patients under
4		that person's care.
5		(3) Professional liability insurers. Every insurance
6		company which offers policies of professional liability
7		insurance to persons licensed under this Act, or any other
8		entity which seeks to indemnify the professional liability
9		of a person licensed under this Act, shall report to the
10		Disciplinary Board the settlement of any claim or cause of
11		action, or final judgment rendered in any cause of action,
12		which alleged negligence in the furnishing of medical care
13		by such licensed person when such settlement or final
14		judgment is in favor of the plaintiff.
15		(4) State's Attorneys. The State's Attorney of each
16		county shall report to the Disciplinary Board, within 5
17		days, any instances in which a person licensed under this
18		Act is convicted of any felony or Class A misdemeanor. The
19		State's Attorney of each county may report to the
20		Disciplinary Board through a verified complaint any
21		instance in which the State's Attorney believes that a
22		physician has willfully violated the notice requirements
23		of the Parental Notice of Abortion Act of 1995.
24		(5) State agencies. All agencies, boards, commissions,
25		departments, or other instrumentalities of the government
26		of the State of Illinois shall report to the Disciplinary

HB0307 Enrolled - 150 - LRB102 11622 KTG 16956 b
1		Board any instance arising in connection with the
2		operations of such agency, including the administration of
3		any law by such agency, in which a person licensed under
4		this Act has either committed an act or acts which may be a
5		violation of this Act or which may constitute
6		unprofessional conduct related directly to patient care or
7		which indicates that a person licensed under this Act may
8		have a mental or physical disability that may endanger
9		patients under that person's care.
10		(B) Mandatory reporting. All reports required by items
11		(34), (35), and (36) of subsection (A) of Section 22 and by
12		Section 23 shall be submitted to the Disciplinary Board in a
13		timely fashion. Unless otherwise provided in this Section, the
14		reports shall be filed in writing within 60 days after a
15		determination that a report is required under this Act. All
16		reports shall contain the following information:
17		(1) The name, address and telephone number of the
18		person making the report.
19		(2) The name, address and telephone number of the
20		person who is the subject of the report.
21		(3) The name and date of birth of any patient or
22		patients whose treatment is a subject of the report, if
23		available, or other means of identification if such
24		information is not available, identification of the
25		hospital or other healthcare facility where the care at
26		issue in the report was rendered, provided, however, no

HB0307 Enrolled - 151 - LRB102 11622 KTG 16956 b
1		medical records may be revealed.
2		(4) A brief description of the facts which gave rise
3		to the issuance of the report, including the dates of any
4		occurrences deemed to necessitate the filing of the
5		report.
6		(5) If court action is involved, the identity of the
7		court in which the action is filed, along with the docket
8		number and date of filing of the action.
9		(6) Any further pertinent information which the
10		reporting party deems to be an aid in the evaluation of the
11		report.
12		The Disciplinary Board or Department may also exercise the
13		power under Section 38 of this Act to subpoena copies of
14		hospital or medical records in mandatory report cases alleging
15		death or permanent bodily injury. Appropriate rules shall be
16		adopted by the Department with the approval of the
17		Disciplinary Board.
18		When the Department has received written reports
19		concerning incidents required to be reported in items (34),
20		(35), and (36) of subsection (A) of Section 22, the licensee's
21		failure to report the incident to the Department under those
22		items shall not be the sole grounds for disciplinary action.
23		Nothing contained in this Section shall act to, in any
24		way, waive or modify the confidentiality of medical reports
25		and committee reports to the extent provided by law. Any
26		information reported or disclosed shall be kept for the

HB0307 Enrolled - 152 - LRB102 11622 KTG 16956 b
1		confidential use of the Disciplinary Board, the Medical
2		Coordinators, the Disciplinary Board's attorneys, the medical
3		investigative staff, and authorized clerical staff, as
4		provided in this Act, and shall be afforded the same status as
5		is provided information concerning medical studies in Part 21
6		of Article VIII of the Code of Civil Procedure, except that the
7		Department may disclose information and documents to a
8		federal, State, or local law enforcement agency pursuant to a
9		subpoena in an ongoing criminal investigation or to a health
10		care licensing body or medical licensing authority of this
11		State or another state or jurisdiction pursuant to an official
12		request made by that licensing body or medical licensing
13		authority. Furthermore, information and documents disclosed to
14		a federal, State, or local law enforcement agency may be used
15		by that agency only for the investigation and prosecution of a
16		criminal offense, or, in the case of disclosure to a health
17		care licensing body or medical licensing authority, only for
18		investigations and disciplinary action proceedings with regard
19		to a license. Information and documents disclosed to the
20		Department of Public Health may be used by that Department
21		only for investigation and disciplinary action regarding the
22		license of a health care institution licensed by the
23		Department of Public Health.
24		(C) Immunity from prosecution. Any individual or
25		organization acting in good faith, and not in a wilful and
26		wanton manner, in complying with this Act by providing any

HB0307 Enrolled - 153 - LRB102 11622 KTG 16956 b
1		report or other information to the Disciplinary Board or a
2		peer review committee, or assisting in the investigation or
3		preparation of such information, or by voluntarily reporting
4		to the Disciplinary Board or a peer review committee
5		information regarding alleged errors or negligence by a person
6		licensed under this Act, or by participating in proceedings of
7		the Disciplinary Board or a peer review committee, or by
8		serving as a member of the Disciplinary Board or a peer review
9		committee, shall not, as a result of such actions, be subject
10		to criminal prosecution or civil damages.
11		(D) Indemnification. Members of the Disciplinary Board,
12		the Licensing Board, the Medical Coordinators, the
13		Disciplinary Board's attorneys, the medical investigative
14		staff, physicians retained under contract to assist and advise
15		the medical coordinators in the investigation, and authorized
16		clerical staff shall be indemnified by the State for any
17		actions occurring within the scope of services on the
18		Disciplinary Board or Licensing Board, done in good faith and
19		not wilful and wanton in nature. The Attorney General shall
20		defend all such actions unless he or she determines either
21		that there would be a conflict of interest in such
22		representation or that the actions complained of were not in
23		good faith or were wilful and wanton.
24		Should the Attorney General decline representation, the
25		member shall have the right to employ counsel of his or her
26		choice, whose fees shall be provided by the State, after

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1		approval by the Attorney General, unless there is a
2		determination by a court that the member's actions were not in
3		good faith or were wilful and wanton.
4		The member must notify the Attorney General within 7 days
5		of receipt of notice of the initiation of any action involving
6		services of the Disciplinary Board. Failure to so notify the
7		Attorney General shall constitute an absolute waiver of the
8		right to a defense and indemnification.
9		The Attorney General shall determine within 7 days after
10		receiving such notice, whether he or she will undertake to
11		represent the member.
12		(E) Deliberations of Disciplinary Board. Upon the receipt
13		of any report called for by this Act, other than those reports
14		of impaired persons licensed under this Act required pursuant
15		to the rules of the Disciplinary Board, the Disciplinary Board
16		shall notify in writing, by certified mail, the person who is
17		the subject of the report. Such notification shall be made
18		within 30 days of receipt by the Disciplinary Board of the
19		report.
20		The notification shall include a written notice setting
21		forth the person's right to examine the report. Included in
22		such notification shall be the address at which the file is
23		maintained, the name of the custodian of the reports, and the
24		telephone number at which the custodian may be reached. The
25		person who is the subject of the report shall submit a written
26		statement responding, clarifying, adding to, or proposing the

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1		amending of the report previously filed. The person who is the
2		subject of the report shall also submit with the written
3		statement any medical records related to the report. The
4		statement and accompanying medical records shall become a
5		permanent part of the file and must be received by the
6		Disciplinary Board no more than 30 days after the date on which
7		the person was notified by the Disciplinary Board of the
8		existence of the original report.
9		The Disciplinary Board shall review all reports received
10		by it, together with any supporting information and responding
11		statements submitted by persons who are the subject of
12		reports. The review by the Disciplinary Board shall be in a
13		timely manner but in no event, shall the Disciplinary Board's
14		initial review of the material contained in each disciplinary
15		file be less than 61 days nor more than 180 days after the
16		receipt of the initial report by the Disciplinary Board.
17		When the Disciplinary Board makes its initial review of
18		the materials contained within its disciplinary files, the
19		Disciplinary Board shall, in writing, make a determination as
20		to whether there are sufficient facts to warrant further
21		investigation or action. Failure to make such determination
22		within the time provided shall be deemed to be a determination
23		that there are not sufficient facts to warrant further
24		investigation or action.
25		Should the Disciplinary Board find that there are not
26		sufficient facts to warrant further investigation, or action,

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1		the report shall be accepted for filing and the matter shall be
2		deemed closed and so reported to the Secretary. The Secretary
3		shall then have 30 days to accept the Disciplinary Board's
4		decision or request further investigation. The Secretary shall
5		inform the Board of the decision to request further
6		investigation, including the specific reasons for the
7		decision. The individual or entity filing the original report
8		or complaint and the person who is the subject of the report or
9		complaint shall be notified in writing by the Secretary of any
10		final action on their report or complaint. The Department
11		shall disclose to the individual or entity who filed the
12		original report or complaint, on request, the status of the
13		Disciplinary Board's review of a specific report or complaint.
14		Such request may be made at any time, including prior to the
15		Disciplinary Board's determination as to whether there are
16		sufficient facts to warrant further investigation or action.
17		(F) Summary reports. The Disciplinary Board shall prepare,
18		on a timely basis, but in no event less than once every other
19		month, a summary report of final disciplinary actions taken
20		upon disciplinary files maintained by the Disciplinary Board.
21		The summary reports shall be made available to the public upon
22		request and payment of the fees set by the Department. This
23		publication may be made available to the public on the
24		Department's website. Information or documentation relating to
25		any disciplinary file that is closed without disciplinary
26		action taken shall not be disclosed and shall be afforded the

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1		same status as is provided by Part 21 of Article VIII of the
2		Code of Civil Procedure.
3		(G) Any violation of this Section shall be a Class A
4		misdemeanor.
5		(H) If any such person violates the provisions of this
6		Section an action may be brought in the name of the People of
7		the State of Illinois, through the Attorney General of the
8		State of Illinois, for an order enjoining such violation or
9		for an order enforcing compliance with this Section. Upon
10		filing of a verified petition in such court, the court may
11		issue a temporary restraining order without notice or bond and
12		may preliminarily or permanently enjoin such violation, and if
13		it is established that such person has violated or is
14		violating the injunction, the court may punish the offender
15		for contempt of court. Proceedings under this paragraph shall
16		be in addition to, and not in lieu of, all other remedies and
17		penalties provided for by this Section.
18		(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15;
19		revised 7-20-21.)
20		(Text of Section after amendment by P.A. 102-20)
21		(Section scheduled to be repealed on January 1, 2027)
22		Sec. 23. Reports relating to professional conduct and
23		capacity.
24		(A) Entities required to report.
25		(1) Health care institutions. The chief administrator

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1		or executive officer of any health care institution
2		licensed by the Illinois Department of Public Health shall
3		report to the Medical Board when any person's clinical
4		privileges are terminated or are restricted based on a
5		final determination made in accordance with that
6		institution's by-laws or rules and regulations that a
7		person has either committed an act or acts which may
8		directly threaten patient care or that a person may have a
9		mental or physical disability that may endanger patients
10		under that person's care. Such officer also shall report
11		if a person accepts voluntary termination or restriction
12		of clinical privileges in lieu of formal action based upon
13		conduct related directly to patient care or in lieu of
14		formal action seeking to determine whether a person may
15		have a mental or physical disability that may endanger
16		patients under that person's care. The Medical Board
17		shall, by rule, provide for the reporting to it by health
18		care institutions of all instances in which a person,
19		licensed under this Act, who is impaired by reason of age,
20		drug or alcohol abuse or physical or mental impairment, is
21		under supervision and, where appropriate, is in a program
22		of rehabilitation. Such reports shall be strictly
23		confidential and may be reviewed and considered only by
24		the members of the Medical Board, or by authorized staff
25		as provided by rules of the Medical Board. Provisions
26		shall be made for the periodic report of the status of any

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1		such person not less than twice annually in order that the
2		Medical Board shall have current information upon which to
3		determine the status of any such person. Such initial and
4		periodic reports of impaired physicians shall not be
5		considered records within the meaning of the The State
6		Records Act and shall be disposed of, following a
7		determination by the Medical Board that such reports are
8		no longer required, in a manner and at such time as the
9		Medical Board shall determine by rule. The filing of such
10		reports shall be construed as the filing of a report for
11		purposes of subsection (C) of this Section.
12		(1.5) Clinical training programs. The program director
13		of any post-graduate clinical training program shall
14		report to the Medical Board if a person engaged in a
15		post-graduate clinical training program at the
16		institution, including, but not limited to, a residency or
17		fellowship, separates from the program for any reason
18		prior to its conclusion. The program director shall
19		provide all documentation relating to the separation if,
20		after review of the report, the Medical Board determines
21		that a review of those documents is necessary to determine
22		whether a violation of this Act occurred.
23		(2) Professional associations. The President or chief
24		executive officer of any association or society, of
25		persons licensed under this Act, operating within this
26		State shall report to the Medical Board when the

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1		association or society renders a final determination that
2		a person has committed unprofessional conduct related
3		directly to patient care or that a person may have a mental
4		or physical disability that may endanger patients under
5		that person's care.
6		(3) Professional liability insurers. Every insurance
7		company which offers policies of professional liability
8		insurance to persons licensed under this Act, or any other
9		entity which seeks to indemnify the professional liability
10		of a person licensed under this Act, shall report to the
11		Medical Board the settlement of any claim or cause of
12		action, or final judgment rendered in any cause of action,
13		which alleged negligence in the furnishing of medical care
14		by such licensed person when such settlement or final
15		judgment is in favor of the plaintiff.
16		(4) State's Attorneys. The State's Attorney of each
17		county shall report to the Medical Board, within 5 days,
18		any instances in which a person licensed under this Act is
19		convicted of any felony or Class A misdemeanor. The
20		State's Attorney of each county may report to the Medical
21		Board through a verified complaint any instance in which
22		the State's Attorney believes that a physician has
23		willfully violated the notice requirements of the Parental
24		Notice of Abortion Act of 1995.
25		(5) State agencies. All agencies, boards, commissions,
26		departments, or other instrumentalities of the government

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1		of the State of Illinois shall report to the Medical Board
2		any instance arising in connection with the operations of
3		such agency, including the administration of any law by
4		such agency, in which a person licensed under this Act has
5		either committed an act or acts which may be a violation of
6		this Act or which may constitute unprofessional conduct
7		related directly to patient care or which indicates that a
8		person licensed under this Act may have a mental or
9		physical disability that may endanger patients under that
10		person's care.
11		(B) Mandatory reporting. All reports required by items
12		(34), (35), and (36) of subsection (A) of Section 22 and by
13		Section 23 shall be submitted to the Medical Board in a timely
14		fashion. Unless otherwise provided in this Section, the
15		reports shall be filed in writing within 60 days after a
16		determination that a report is required under this Act. All
17		reports shall contain the following information:
18		(1) The name, address and telephone number of the
19		person making the report.
20		(2) The name, address and telephone number of the
21		person who is the subject of the report.
22		(3) The name and date of birth of any patient or
23		patients whose treatment is a subject of the report, if
24		available, or other means of identification if such
25		information is not available, identification of the
26		hospital or other healthcare facility where the care at

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1		issue in the report was rendered, provided, however, no
2		medical records may be revealed.
3		(4) A brief description of the facts which gave rise
4		to the issuance of the report, including the dates of any
5		occurrences deemed to necessitate the filing of the
6		report.
7		(5) If court action is involved, the identity of the
8		court in which the action is filed, along with the docket
9		number and date of filing of the action.
10		(6) Any further pertinent information which the
11		reporting party deems to be an aid in the evaluation of the
12		report.
13		The Medical Board or Department may also exercise the
14		power under Section 38 of this Act to subpoena copies of
15		hospital or medical records in mandatory report cases alleging
16		death or permanent bodily injury. Appropriate rules shall be
17		adopted by the Department with the approval of the Medical
18		Board.
19		When the Department has received written reports
20		concerning incidents required to be reported in items (34),
21		(35), and (36) of subsection (A) of Section 22, the licensee's
22		failure to report the incident to the Department under those
23		items shall not be the sole grounds for disciplinary action.
24		Nothing contained in this Section shall act to, in any
25		way, waive or modify the confidentiality of medical reports
26		and committee reports to the extent provided by law. Any

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1		information reported or disclosed shall be kept for the
2		confidential use of the Medical Board, the Medical
3		Coordinators, the Medical Board's attorneys, the medical
4		investigative staff, and authorized clerical staff, as
5		provided in this Act, and shall be afforded the same status as
6		is provided information concerning medical studies in Part 21
7		of Article VIII of the Code of Civil Procedure, except that the
8		Department may disclose information and documents to a
9		federal, State, or local law enforcement agency pursuant to a
10		subpoena in an ongoing criminal investigation or to a health
11		care licensing body or medical licensing authority of this
12		State or another state or jurisdiction pursuant to an official
13		request made by that licensing body or medical licensing
14		authority. Furthermore, information and documents disclosed to
15		a federal, State, or local law enforcement agency may be used
16		by that agency only for the investigation and prosecution of a
17		criminal offense, or, in the case of disclosure to a health
18		care licensing body or medical licensing authority, only for
19		investigations and disciplinary action proceedings with regard
20		to a license. Information and documents disclosed to the
21		Department of Public Health may be used by that Department
22		only for investigation and disciplinary action regarding the
23		license of a health care institution licensed by the
24		Department of Public Health.
25		(C) Immunity from prosecution. Any individual or
26		organization acting in good faith, and not in a wilful and

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1		wanton manner, in complying with this Act by providing any
2		report or other information to the Medical Board or a peer
3		review committee, or assisting in the investigation or
4		preparation of such information, or by voluntarily reporting
5		to the Medical Board or a peer review committee information
6		regarding alleged errors or negligence by a person licensed
7		under this Act, or by participating in proceedings of the
8		Medical Board or a peer review committee, or by serving as a
9		member of the Medical Board or a peer review committee, shall
10		not, as a result of such actions, be subject to criminal
11		prosecution or civil damages.
12		(D) Indemnification. Members of the Medical Board, the
13		Medical Coordinators, the Medical Board's attorneys, the
14		medical investigative staff, physicians retained under
15		contract to assist and advise the medical coordinators in the
16		investigation, and authorized clerical staff shall be
17		indemnified by the State for any actions occurring within the
18		scope of services on the Medical Board, done in good faith and
19		not wilful and wanton in nature. The Attorney General shall
20		defend all such actions unless he or she determines either
21		that there would be a conflict of interest in such
22		representation or that the actions complained of were not in
23		good faith or were wilful and wanton.
24		Should the Attorney General decline representation, the
25		member shall have the right to employ counsel of his or her
26		choice, whose fees shall be provided by the State, after

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1		approval by the Attorney General, unless there is a
2		determination by a court that the member's actions were not in
3		good faith or were wilful and wanton.
4		The member must notify the Attorney General within 7 days
5		of receipt of notice of the initiation of any action involving
6		services of the Medical Board. Failure to so notify the
7		Attorney General shall constitute an absolute waiver of the
8		right to a defense and indemnification.
9		The Attorney General shall determine within 7 days after
10		receiving such notice, whether he or she will undertake to
11		represent the member.
12		(E) Deliberations of Medical Board. Upon the receipt of
13		any report called for by this Act, other than those reports of
14		impaired persons licensed under this Act required pursuant to
15		the rules of the Medical Board, the Medical Board shall notify
16		in writing, by mail or email, the person who is the subject of
17		the report. Such notification shall be made within 30 days of
18		receipt by the Medical Board of the report.
19		The notification shall include a written notice setting
20		forth the person's right to examine the report. Included in
21		such notification shall be the address at which the file is
22		maintained, the name of the custodian of the reports, and the
23		telephone number at which the custodian may be reached. The
24		person who is the subject of the report shall submit a written
25		statement responding, clarifying, adding to, or proposing the
26		amending of the report previously filed. The person who is the

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1		subject of the report shall also submit with the written
2		statement any medical records related to the report. The
3		statement and accompanying medical records shall become a
4		permanent part of the file and must be received by the Medical
5		Board no more than 30 days after the date on which the person
6		was notified by the Medical Board of the existence of the
7		original report.
8		The Medical Board shall review all reports received by it,
9		together with any supporting information and responding
10		statements submitted by persons who are the subject of
11		reports. The review by the Medical Board shall be in a timely
12		manner but in no event, shall the Medical Board's initial
13		review of the material contained in each disciplinary file be
14		less than 61 days nor more than 180 days after the receipt of
15		the initial report by the Medical Board.
16		When the Medical Board makes its initial review of the
17		materials contained within its disciplinary files, the Medical
18		Board shall, in writing, make a determination as to whether
19		there are sufficient facts to warrant further investigation or
20		action. Failure to make such determination within the time
21		provided shall be deemed to be a determination that there are
22		not sufficient facts to warrant further investigation or
23		action.
24		Should the Medical Board find that there are not
25		sufficient facts to warrant further investigation, or action,
26		the report shall be accepted for filing and the matter shall be

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1		deemed closed and so reported to the Secretary. The Secretary
2		shall then have 30 days to accept the Medical Board's decision
3		or request further investigation. The Secretary shall inform
4		the Medical Board of the decision to request further
5		investigation, including the specific reasons for the
6		decision. The individual or entity filing the original report
7		or complaint and the person who is the subject of the report or
8		complaint shall be notified in writing by the Secretary of any
9		final action on their report or complaint. The Department
10		shall disclose to the individual or entity who filed the
11		original report or complaint, on request, the status of the
12		Medical Board's review of a specific report or complaint. Such
13		request may be made at any time, including prior to the Medical
14		Board's determination as to whether there are sufficient facts
15		to warrant further investigation or action.
16		(F) Summary reports. The Medical Board shall prepare, on a
17		timely basis, but in no event less than once every other month,
18		a summary report of final disciplinary actions taken upon
19		disciplinary files maintained by the Medical Board. The
20		summary reports shall be made available to the public upon
21		request and payment of the fees set by the Department. This
22		publication may be made available to the public on the
23		Department's website. Information or documentation relating to
24		any disciplinary file that is closed without disciplinary
25		action taken shall not be disclosed and shall be afforded the
26		same status as is provided by Part 21 of Article VIII of the

HB0307 Enrolled - 168 - LRB102 11622 KTG 16956 b
1		Code of Civil Procedure.
2		(G) Any violation of this Section shall be a Class A
3		misdemeanor.
4		(H) If any such person violates the provisions of this
5		Section an action may be brought in the name of the People of
6		the State of Illinois, through the Attorney General of the
7		State of Illinois, for an order enjoining such violation or
8		for an order enforcing compliance with this Section. Upon
9		filing of a verified petition in such court, the court may
10		issue a temporary restraining order without notice or bond and
11		may preliminarily or permanently enjoin such violation, and if
12		it is established that such person has violated or is
13		violating the injunction, the court may punish the offender
14		for contempt of court. Proceedings under this paragraph shall
15		be in addition to, and not in lieu of, all other remedies and
16		penalties provided for by this Section.
17		(Source: P.A. 102-20, eff. 1-1-22; revised 7-20-21.)
18		Section 135. The Veterinary Medicine and Surgery Practice
19		Act of 2004 is amended by changing Section 25.2a as follows:
20		(225 ILCS 115/25.2a)
21		(Section scheduled to be repealed on January 1, 2024)
22		Sec. 25.2a. Confidentiality. All information collected by
23		the Department in the course of an examination or
24		investigation of a licensee or applicant, including, but not

HB0307 Enrolled - 169 - LRB102 11622 KTG 16956 b
1		limited to, any complaint against a licensee filed with the
2		Department and information collected to investigate any such
3		complaint, shall be maintained for the confidential use of the
4		Department and shall not be disclosed. The Department may not
5		disclose the information to anyone other than law enforcement
6		officials, other regulatory agencies that have an appropriate
7		regulatory interest as determined by the Secretary, or to a
8		party presenting a lawful subpoena to the Department.
9		Information and documents disclosed to a federal, State,
10		county, or local law enforcement agency shall not be disclosed
11		by the agency for any purpose to any other agency or person. A
12		formal complaint filed against a licensee by the Department or
13		any order issued by the Department against a licensee or
14		applicant shall be a public record, except as otherwise
15		prohibited by law.
16		(Source: P.A. 98-339, eff. 12-31-13; revised 7-16-21.)
17		Section 140. The Cemetery Oversight Act is amended by
18		changing Section 25-10 as follows:
19		(225 ILCS 411/25-10)
20		(Section scheduled to be repealed on January 1, 2027)
21		Sec. 25-10. Grounds for disciplinary action.
22		(a) The Department may refuse to issue or renew a license
23		or may revoke, suspend, place on probation, reprimand, or take
24		other disciplinary or non-disciplinary action as the

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1		Department may deem appropriate, including fines not to exceed
2		$10,000 for each violation, with regard to any license under
3		this Act, for any one or combination of the following:
4		(1) Material misstatement in furnishing information to
5		the Department.
6		(2) Violations of this Act, except for Section 20-8.
7		(3) Conviction of or entry of a plea of guilty or nolo
8		contendere, finding of guilt, jury verdict, or entry of
9		judgment or sentencing, including, but not limited to,
10		convictions, preceding sentences of supervision,
11		conditional discharge, or first offender probation under
12		the law of any jurisdiction of the United States that is
13		(i) a Class X felony or (ii) a felony, an essential element
14		of which is fraud or dishonesty that is directly related
15		to the practice of cemetery operations.
16		(4) Fraud or any misrepresentation in applying for or
17		procuring a license under this Act or in connection with
18		applying for renewal.
19		(5) Incompetence or misconduct in the practice of
20		cemetery operations.
21		(6) Gross malpractice.
22		(7) Aiding or assisting another person in violating
23		any provision of this Act or rules adopted under this Act.
24		(8) Failing, within 10 business days, to provide
25		information in response to a written request made by the
26		Department.

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1		(9) Engaging in dishonorable, unethical, or
2		unprofessional conduct of a character likely to deceive,
3		defraud, or harm the public.
4		(10) Habitual or excessive use or abuse of drugs
5		defined in law as controlled substances, alcohol,
6		narcotics, stimulants, or any other substances that
7		results in the inability to practice pursuant to the
8		provisions of this Act with reasonable judgment, skill, or
9		safety while acting under the provisions of this Act.
10		(11) Discipline by another state, territory, foreign
11		country, the District of Columbia, the United States
12		government, or any other government agency, if at least
13		one of the grounds for the discipline is the same or
14		substantially equivalent to those set forth in this Act.
15		(12) Directly or indirectly giving to or receiving
16		from any person, firm, corporation, partnership, or
17		association any fee, commission, rebate, or other form of
18		compensation for professional services not actually or
19		personally rendered.
20		(13) A finding by the Department that the licensee,
21		after having his or her license placed on probationary
22		status, has violated the terms of probation or failed to
23		comply with such terms.
24		(14) Willfully making or filing false records or
25		reports in his or her practice, including, but not limited
26		to, false records filed with any governmental agency or

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1		department.
2		(15) Inability to practice the profession with
3		reasonable judgment, skill, or safety as a result of
4		physical illness, including, but not limited to, loss of
5		motor skill, mental illness, or disability.
6		(16) Failure to comply with an order, decision, or
7		finding of the Department made pursuant to this Act.
8		(17) Directly or indirectly receiving compensation for
9		any professional services not actually performed.
10		(18) Practicing under a false or, except as provided
11		by law, an assumed name.
12		(19) Using or attempting to use an expired, inactive,
13		suspended, or revoked license or impersonating another
14		licensee.
15		(20) A finding by the Department that an applicant or
16		licensee has failed to pay a fine imposed by the
17		Department.
18		(21) Unjustified failure to honor its contracts.
19		(22) Negligent supervision of a cemetery manager,
20		customer service employee, employee, or independent
21		contractor.
22		(23) (Blank).
23		(24) (Blank).
24		(25) (Blank).
25		(b) No action may be taken under this Act against a person
26		licensed under this Act for an occurrence or alleged

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1		occurrence that predates the enactment of this Act.
2		(c) In enforcing this Section, the Department, upon a
3		showing of a possible violation, may order a licensee or
4		applicant to submit to a mental or physical examination, or
5		both, at the expense of the Department. The Department may
6		order the examining physician to present testimony concerning
7		his or her examination of the licensee or applicant. No
8		information shall be excluded by reason of any common law or
9		statutory privilege relating to communications between the
10		licensee or applicant and the examining physician. The
11		examining physicians shall be specifically designated by the
12		Department. The licensee or applicant may have, at his or her
13		own expense, another physician of his or her choice present
14		during all aspects of the examination. Failure of a licensee
15		or applicant to submit to any such examination when directed,
16		without reasonable cause, shall be grounds for either
17		immediate suspension suspending of his or her license or
18		immediate denial of his or her application.
19		(1) If the Secretary immediately suspends the license
20		of a licensee for his or her failure to submit to a mental
21		or physical examination when directed, a hearing must be
22		convened by the Department within 15 days after the
23		suspension and completed without appreciable delay.
24		(2) If the Secretary otherwise suspends a license
25		pursuant to the results of the licensee's mental or
26		physical examination, a hearing must be convened by the

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1		Department within 15 days after the suspension and
2		completed without appreciable delay. The Department shall
3		have the authority to review the licensee's record of
4		treatment and counseling regarding the relevant impairment
5		or impairments to the extent permitted by applicable
6		federal statutes and regulations safeguarding the
7		confidentiality of medical records.
8		(3) Any licensee suspended under this subsection shall
9		be afforded an opportunity to demonstrate to the
10		Department that he or she can resume practice in
11		compliance with the acceptable and prevailing standards
12		under the provisions of his or her license.
13		(d) The determination by a circuit court that a licensee
14		is subject to involuntary admission or judicial admission, as
15		provided in the Mental Health and Developmental Disabilities
16		Code, operates as an automatic suspension. Such suspension may
17		end only upon a finding by a court that the patient is no
18		longer subject to involuntary admission or judicial admission,
19		the issuance of an order so finding and discharging the
20		patient, and the filing of a petition for restoration
21		demonstrating fitness to practice.
22		(e) In cases where the Department of Healthcare and Family
23		Services has previously determined that a licensee or a
24		potential licensee is more than 30 days delinquent in the
25		payment of child support and has subsequently certified the
26		delinquency to the Department, the Department shall refuse to

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1		issue or renew or shall revoke or suspend that person's
2		license or shall take other disciplinary action against that
3		person based solely upon the certification of delinquency made
4		by the Department of Healthcare and Family Services under
5		paragraph (5) of subsection (a) of Section 2105-15 of the
6		Department of Professional Regulation Law of the Civil
7		Administrative Code of Illinois.
8		(f) The Department shall refuse to issue or renew or shall
9		revoke or suspend a person's license or shall take other
10		disciplinary action against that person for his or her failure
11		to file a return, to pay the tax, penalty, or interest shown in
12		a filed return, or to pay any final assessment of tax, penalty,
13		or interest as required by any tax Act administered by the
14		Department of Revenue, until the requirements of the tax Act
15		are satisfied in accordance with subsection (g) of Section
16		2105-15 of the Department of Professional Regulation Law of
17		the Civil Administrative Code of Illinois.
18		(Source: P.A. 102-20, eff. 6-25-21; revised 7-20-21.)
19		Section 145. The Real Estate Appraiser Licensing Act of
20		2002 is amended by changing Sections 1-5, 1-10, and 25-20 as
21		follows:
22		(225 ILCS 458/1-5)
23		(Section scheduled to be repealed on January 1, 2027)
24		Sec. 1-5. Legislative intent. The intent of the General

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1		Assembly in enacting this Act is to evaluate the competency of
2		persons engaged in the appraisal of real estate and to license
3		and regulate those persons for the protection of the public.
4		Additionally, it is the intent of the General Assembly for
5		this Act to be consistent with the provisions of Title XI of
6		the federal Financial Institutions Reform, Recovery, and
7		Enforcement Act of 1989.
8		(Source: P.A. 98-1109, eff. 1-1-15; revised 8-2-21.)
9		(225 ILCS 458/1-10)
10		(Text of Section before amendment by P.A. 102-20)
11		(Section scheduled to be repealed on January 1, 2027)
12		Sec. 1-10. Definitions. As used in this Act, unless the
13		context otherwise requires:
14		"Accredited college or university, junior college, or
15		community college" means a college or university, junior
16		college, or community college that is approved or accredited
17		by the Board of Higher Education, a regional or national
18		accreditation association, or by an accrediting agency that is
19		recognized by the U.S. Secretary of Education.
20		"Address of record" means the designated address recorded
21		by the Department in the applicant's or licensee's application
22		file or license file as maintained by the Department's
23		licensure maintenance unit. It is the duty of the applicant or
24		licensee to inform the Department of any change of address and
25		those changes must be made either through the Department's

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1		website or by contacting the Department.
2		"Applicant" means a person who applies to the Department
3		for a license under this Act.
4		"Appraisal" means (noun) the act or process of developing
5		an opinion of value; an opinion of value (adjective) of or
6		pertaining to appraising and related functions, such as
7		appraisal practice or appraisal services.
8		"Appraisal assignment" means a valuation service provided
9		as a consequence of an agreement between an appraiser and a
10		client.
11		"Appraisal consulting" means the act or process of
12		developing an analysis, recommendation, or opinion to solve a
13		problem, where an opinion of value is a component of the
14		analysis leading to the assignment results.
15		"Appraisal firm" means an appraisal entity that is 100%
16		owned and controlled by a person or persons licensed in
17		Illinois as a certified general real estate appraiser or a
18		certified residential real estate appraiser. "Appraisal firm"
19		does not include an appraisal management company.
20		"Appraisal management company" means any corporation,
21		limited liability company, partnership, sole proprietorship,
22		subsidiary, unit, or other business entity that directly or
23		indirectly: (1) provides appraisal management services to
24		creditors or secondary mortgage market participants; (2)
25		provides appraisal management services in connection with
26		valuing the consumer's principal dwelling as security for a

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1		consumer credit transaction (including consumer credit
2		transactions incorporated into securitizations); (3) within a
3		given year, oversees an appraiser panel of any size of
4		State-certified appraisers in Illinois; and (4) any appraisal
5		management company that, within a given year, oversees an
6		appraiser panel of 16 or more State-certified appraisers in
7		Illinois or 25 or more State-certified or State-licensed
8		appraisers in 2 or more jurisdictions shall be subject to the
9		appraisal management company national registry fee in addition
10		to the appraiser panel fee. "Appraisal management company"
11		includes a hybrid entity.
12		"Appraisal practice" means valuation services performed by
13		an individual acting as an appraiser, including, but not
14		limited to, appraisal, appraisal review, or appraisal
15		consulting.
16		"Appraisal report" means any communication, written or
17		oral, of an appraisal or appraisal review that is transmitted
18		to a client upon completion of an assignment.
19		"Appraisal review" means the act or process of developing
20		and communicating an opinion about the quality of another
21		appraiser's work that was performed as part of an appraisal,
22		appraisal review, or appraisal assignment.
23		"Appraisal Subcommittee" means the Appraisal Subcommittee
24		of the Federal Financial Institutions Examination Council as
25		established by Title XI.
26		"Appraiser" means a person who performs real estate or

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1		real property appraisals.
2		"AQB" means the Appraisal Qualifications Board of the
3		Appraisal Foundation.
4		"Associate real estate trainee appraiser" means an
5		entry-level appraiser who holds a license of this
6		classification under this Act with restrictions as to the
7		scope of practice in accordance with this Act.
8		"Board" means the Real Estate Appraisal Administration and
9		Disciplinary Board.
10		"Broker price opinion" means an estimate or analysis of
11		the probable selling price of a particular interest in real
12		estate, which may provide a varying level of detail about the
13		property's condition, market, and neighborhood and information
14		on comparable sales. The activities of a real estate broker or
15		managing broker engaging in the ordinary course of business as
16		a broker, as defined in this Section, shall not be considered a
17		broker price opinion if no compensation is paid to the broker
18		or managing broker, other than compensation based upon the
19		sale or rental of real estate.
20		"Classroom hour" means 50 minutes of instruction out of
21		each 60-minute 60 minute segment of coursework.
22		"Client" means the party or parties who engage an
23		appraiser by employment or contract in a specific appraisal
24		assignment.
25		"Comparative market analysis" is an analysis or opinion
26		regarding pricing, marketing, or financial aspects relating to

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1		a specified interest or interests in real estate that may be
2		based upon an analysis of comparative market data, the
3		expertise of the real estate broker or managing broker, and
4		such other factors as the broker or managing broker may deem
5		appropriate in developing or preparing such analysis or
6		opinion. The activities of a real estate broker or managing
7		broker engaging in the ordinary course of business as a
8		broker, as defined in this Section, shall not be considered a
9		comparative market analysis if no compensation is paid to the
10		broker or managing broker, other than compensation based upon
11		the sale or rental of real estate.
12		"Coordinator" means the Coordinator of Real Estate
13		Appraisal of the Division of Professional Regulation of the
14		Department of Financial and Professional Regulation.
15		"Department" means the Department of Financial and
16		Professional Regulation.
17		"Federal financial institutions regulatory agencies" means
18		the Board of Governors of the Federal Reserve System, the
19		Federal Deposit Insurance Corporation, the Office of the
20		Comptroller of the Currency, the Consumer Financial Protection
21		Bureau, and the National Credit Union Administration.
22		"Federally related transaction" means any real
23		estate-related financial transaction in which a federal
24		financial institutions regulatory agency engages in, contracts
25		for, or regulates and requires the services of an appraiser.
26		"Financial institution" means any bank, savings bank,

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1		savings and loan association, credit union, mortgage broker,
2		mortgage banker, licensee under the Consumer Installment Loan
3		Act or the Sales Finance Agency Act, or a corporate fiduciary,
4		subsidiary, affiliate, parent company, or holding company of
5		any such licensee, or any institution involved in real estate
6		financing that is regulated by state or federal law.
7		"Multi-state licensing system" means a web-based platform
8		that allows an applicant to submit his or her application or
9		license renewal application to the Department online.
10		"Person" means an individual, entity, sole proprietorship,
11		corporation, limited liability company, partnership, and joint
12		venture, foreign or domestic, except that when the context
13		otherwise requires, the term may refer to more than one
14		individual or other described entity.
15		"Real estate" means an identified parcel or tract of land,
16		including any improvements.
17		"Real estate related financial transaction" means any
18		transaction involving:
19		(1) the sale, lease, purchase, investment in, or
20		exchange of real property, including interests in property
21		or the financing thereof;
22		(2) the refinancing of real property or interests in
23		real property; and
24		(3) the use of real property or interest in property
25		as security for a loan or investment, including mortgage
26		backed securities.

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1		"Real property" means the interests, benefits, and rights
2		inherent in the ownership of real estate.
3		"Secretary" means the Secretary of Financial and
4		Professional Regulation.
5		"State certified general real estate appraiser" means an
6		appraiser who holds a license of this classification under
7		this Act and such classification applies to the appraisal of
8		all types of real property without restrictions as to the
9		scope of practice.
10		"State certified residential real estate appraiser" means
11		an appraiser who holds a license of this classification under
12		this Act and such classification applies to the appraisal of
13		one to 4 units of residential real property without regard to
14		transaction value or complexity, but with restrictions as to
15		the scope of practice in a federally related transaction in
16		accordance with Title XI, the provisions of USPAP, criteria
17		established by the AQB, and further defined by rule.
18		"Supervising appraiser" means either (i) an appraiser who
19		holds a valid license under this Act as either a State
20		certified general real estate appraiser or a State certified
21		residential real estate appraiser, who co-signs an appraisal
22		report for an associate real estate trainee appraiser or (ii)
23		a State certified general real estate appraiser who holds a
24		valid license under this Act who co-signs an appraisal report
25		for a State certified residential real estate appraiser on
26		properties other than one to 4 units of residential real

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1		property without regard to transaction value or complexity.
2		"Title XI" means Title XI of the federal Financial
3		Institutions Reform, Recovery, and Enforcement Act of 1989.
4		"USPAP" means the Uniform Standards of Professional
5		Appraisal Practice as promulgated by the Appraisal Standards
6		Board pursuant to Title XI and by rule.
7		"Valuation services" means services pertaining to aspects
8		of property value.
9		(Source: P.A. 100-604, eff. 7-13-18; revised 7-20-21.)
10		(Text of Section after amendment by P.A. 102-20)
11		(Section scheduled to be repealed on January 1, 2027)
12		Sec. 1-10. Definitions. As used in this Act, unless the
13		context otherwise requires:
14		"Accredited college or university, junior college, or
15		community college" means a college or university, junior
16		college, or community college that is approved or accredited
17		by the Board of Higher Education, a regional or national
18		accreditation association, or by an accrediting agency that is
19		recognized by the U.S. Secretary of Education.
20		"Address of record" means the designated street address,
21		which may not be a post office box, recorded by the Department
22		in the applicant's or licensee's application file or license
23		file as maintained by the Department.
24		"Applicant" means a person who applies to the Department
25		for a license under this Act.

HB0307 Enrolled - 184 - LRB102 11622 KTG 16956 b
1		"Appraisal" means (noun) the act or process of developing
2		an opinion of value; an opinion of value (adjective) of or
3		pertaining to appraising and related functions, such as
4		appraisal practice or appraisal services.
5		"Appraisal assignment" means a valuation service provided
6		pursuant to an agreement between an appraiser and a client.
7		"Appraisal firm" means an appraisal entity that is 100%
8		owned and controlled by a person or persons licensed in
9		Illinois as a certified general real estate appraiser or a
10		certified residential real estate appraiser. "Appraisal firm"
11		does not include an appraisal management company.
12		"Appraisal management company" means any corporation,
13		limited liability company, partnership, sole proprietorship,
14		subsidiary, unit, or other business entity that directly or
15		indirectly: (1) provides appraisal management services to
16		creditors or secondary mortgage market participants, including
17		affiliates; (2) provides appraisal management services in
18		connection with valuing the consumer's principal dwelling as
19		security for a consumer credit transaction (including consumer
20		credit transactions incorporated into securitizations); and
21		(3) any appraisal management company that, within a given
22		12-month period, oversees an appraiser panel of 16 or more
23		State-certified appraisers in Illinois or 25 or more
24		State-certified or State-licensed appraisers in 2 or more
25		jurisdictions. "Appraisal management company" includes a
26		hybrid entity.

HB0307 Enrolled - 185 - LRB102 11622 KTG 16956 b
1		"Appraisal practice" means valuation services performed by
2		an individual acting as an appraiser, including, but not
3		limited to, appraisal or appraisal review.
4		"Appraisal report" means any communication, written or
5		oral, of an appraisal or appraisal review that is transmitted
6		to a client upon completion of an assignment.
7		"Appraisal review" means the act or process of developing
8		and communicating an opinion about the quality of another
9		appraiser's work that was performed as part of an appraisal,
10		appraisal review, or appraisal assignment.
11		"Appraisal Subcommittee" means the Appraisal Subcommittee
12		of the Federal Financial Institutions Examination Council as
13		established by Title XI.
14		"Appraiser" means a person who performs real estate or
15		real property appraisals competently and in a manner that is
16		independent, impartial, and objective.
17		"Appraiser panel" means a network, list, or roster of
18		licensed or certified appraisers approved by the appraisal
19		management company or by the end-user client to perform
20		appraisals as independent contractors for the appraisal
21		management company. "Appraiser panel" includes both appraisers
22		accepted by an appraisal management company for consideration
23		for future appraisal assignments and appraisers engaged by an
24		appraisal management company to perform one or more
25		appraisals. For the purposes of determining the size of an
26		appraiser panel, only independent contractors of hybrid

HB0307 Enrolled - 186 - LRB102 11622 KTG 16956 b
1		entities shall be counted towards the appraiser panel.
2		"AQB" means the Appraisal Qualifications Board of the
3		Appraisal Foundation.
4		"Associate real estate trainee appraiser" means an
5		entry-level appraiser who holds a license of this
6		classification under this Act with restrictions as to the
7		scope of practice in accordance with this Act.
8		"Automated valuation model" means an automated system that
9		is used to derive a property value through the use of available
10		property records and various analytic methodologies such as
11		comparable sales prices, home characteristics, and price
12		changes.
13		"Board" means the Real Estate Appraisal Administration and
14		Disciplinary Board.
15		"Broker price opinion" means an estimate or analysis of
16		the probable selling price of a particular interest in real
17		estate, which may provide a varying level of detail about the
18		property's condition, market, and neighborhood and information
19		on comparable sales. The activities of a real estate broker or
20		managing broker engaging in the ordinary course of business as
21		a broker, as defined in this Section, shall not be considered a
22		broker price opinion if no compensation is paid to the broker
23		or managing broker, other than compensation based upon the
24		sale or rental of real estate.
25		"Classroom hour" means 50 minutes of instruction out of
26		each 60-minute 60 minute segment of coursework.

HB0307 Enrolled - 187 - LRB102 11622 KTG 16956 b
1		"Client" means the party or parties who engage an
2		appraiser by employment or contract in a specific appraisal
3		assignment.
4		"Comparative market analysis" is an analysis or opinion
5		regarding pricing, marketing, or financial aspects relating to
6		a specified interest or interests in real estate that may be
7		based upon an analysis of comparative market data, the
8		expertise of the real estate broker or managing broker, and
9		such other factors as the broker or managing broker may deem
10		appropriate in developing or preparing such analysis or
11		opinion. The activities of a real estate broker or managing
12		broker engaging in the ordinary course of business as a
13		broker, as defined in this Section, shall not be considered a
14		comparative market analysis if no compensation is paid to the
15		broker or managing broker, other than compensation based upon
16		the sale or rental of real estate.
17		"Coordinator" means the Real Estate Appraisal Coordinator
18		created in Section 25-15.
19		"Department" means the Department of Financial and
20		Professional Regulation.
21		"Email address of record" means the designated email
22		address recorded by the Department in the applicant's
23		application file or the licensee's license file maintained by
24		the Department.
25		"Evaluation" means a valuation permitted by the appraisal
26		regulations of the Federal Financial Institutions Examination

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1		Council and its federal agencies for transactions that qualify
2		for the appraisal threshold exemption, business loan
3		exemption, or subsequent transaction exemption.
4		"Federal financial institutions regulatory agencies" means
5		the Board of Governors of the Federal Reserve System, the
6		Federal Deposit Insurance Corporation, the Office of the
7		Comptroller of the Currency, the Consumer Financial Protection
8		Bureau, and the National Credit Union Administration.
9		"Federally related transaction" means any real
10		estate-related financial transaction in which a federal
11		financial institutions regulatory agency engages in, contracts
12		for, or regulates and requires the services of an appraiser.
13		"Financial institution" means any bank, savings bank,
14		savings and loan association, credit union, mortgage broker,
15		mortgage banker, licensee under the Consumer Installment Loan
16		Act or the Sales Finance Agency Act, or a corporate fiduciary,
17		subsidiary, affiliate, parent company, or holding company of
18		any such licensee, or any institution involved in real estate
19		financing that is regulated by state or federal law.
20		"Hybrid entity" means an appraisal management company that
21		hires an appraiser as an employee to perform an appraisal and
22		engages an independent contractor to perform an appraisal.
23		"License" means the privilege conferred by the Department
24		to a person that has fulfilled all requirements prerequisite
25		to any type of licensure under this Act.
26		"Licensee" means any person, as defined in this Section,

HB0307 Enrolled - 189 - LRB102 11622 KTG 16956 b
1		who holds a valid unexpired license.
2		"Multi-state licensing system" means a web-based platform
3		that allows an applicant to submit the application or license
4		renewal application to the Department online.
5		"Person" means an individual, entity, sole proprietorship,
6		corporation, limited liability company, partnership, and joint
7		venture, foreign or domestic, except that when the context
8		otherwise requires, the term may refer to more than one
9		individual or other described entity.
10		"Real estate" means an identified parcel or tract of land,
11		including any improvements.
12		"Real estate related financial transaction" means any
13		transaction involving:
14		(1) the sale, lease, purchase, investment in, or
15		exchange of real property, including interests in property
16		or the financing thereof;
17		(2) the refinancing of real property or interests in
18		real property; and
19		(3) the use of real property or interest in property
20		as security for a loan or investment, including mortgage
21		backed securities.
22		"Real property" means the interests, benefits, and rights
23		inherent in the ownership of real estate.
24		"Secretary" means the Secretary of Financial and
25		Professional Regulation or the Secretary's designee.
26		"State certified general real estate appraiser" means an

HB0307 Enrolled - 190 - LRB102 11622 KTG 16956 b
1		appraiser who holds a license of this classification under
2		this Act and such classification applies to the appraisal of
3		all types of real property without restrictions as to the
4		scope of practice.
5		"State certified residential real estate appraiser" means
6		an appraiser who holds a license of this classification under
7		this Act and such classification applies to the appraisal of
8		one to 4 units of residential real property without regard to
9		transaction value or complexity, but with restrictions as to
10		the scope of practice in a federally related transaction in
11		accordance with Title XI, the provisions of USPAP, criteria
12		established by the AQB, and further defined by rule.
13		"Supervising appraiser" means either (i) an appraiser who
14		holds a valid license under this Act as either a State
15		certified general real estate appraiser or a State certified
16		residential real estate appraiser, who co-signs an appraisal
17		report for an associate real estate trainee appraiser or (ii)
18		a State certified general real estate appraiser who holds a
19		valid license under this Act who co-signs an appraisal report
20		for a State certified residential real estate appraiser on
21		properties other than one to 4 units of residential real
22		property without regard to transaction value or complexity.
23		"Title XI" means Title XI of the federal Financial
24		Institutions Reform, Recovery, and Enforcement Act of 1989.
25		"USPAP" means the Uniform Standards of Professional
26		Appraisal Practice as promulgated by the Appraisal Standards

HB0307 Enrolled - 191 - LRB102 11622 KTG 16956 b
1		Board pursuant to Title XI and by rule.
2		"Valuation services" means services pertaining to aspects
3		of property value.
4		(Source: P.A. 102-20, eff. 1-1-22; revised 7-20-21.)
5		(225 ILCS 458/25-20)
6		(Text of Section before amendment by P.A. 102-20)
7		(Section scheduled to be repealed on January 1, 2027)
8		Sec. 25-20. Department; powers and duties. The Department
9		of Financial and Professional Regulation shall exercise the
10		powers and duties prescribed by the Civil Administrative Code
11		of Illinois for the administration of licensing Acts and shall
12		exercise such other powers and duties as are prescribed by
13		this Act for the administration of this Act. The Department
14		may contract with third parties for services necessary for the
15		proper administration of this Act, including, without
16		limitation, investigators with the proper knowledge, training,
17		and skills to properly investigate complaints against real
18		estate appraisers.
19		In addition, the Department may receive federal financial
20		assistance, either directly from the federal government or
21		indirectly through another source, public or private, for the
22		administration of this Act. The Department may also receive
23		transfers, gifts, grants, or donations from any source, public
24		or private, in the form of funds, services, equipment,
25		supplies, or materials. Any funds received pursuant to this

HB0307 Enrolled - 192 - LRB102 11622 KTG 16956 b
1		Section shall be deposited in the Appraisal Administration
2		Fund unless deposit in a different fund is otherwise mandated,
3		and shall be used in accordance with the requirements of the
4		federal financial assistance, gift, grant, or donation for
5		purposes related to the powers and duties of the Department.
6		The Department shall maintain and update a registry of the
7		names and addresses of all licensees and a listing of
8		disciplinary orders issued pursuant to this Act and shall
9		transmit the registry, along with any national registry fees
10		that may be required, to the entity specified by, and in a
11		manner consistent with, Title XI of the federal Financial
12		Institutions Reform, Recovery, and Enforcement Act of 1989.
13		(Source: P.A. 102-16, eff. 6-17-21; revised 7-17-21.)
14		(Text of Section after amendment by P.A. 102-20)
15		(Section scheduled to be repealed on January 1, 2027)
16		Sec. 25-20. Department; powers and duties. The Department
17		of Financial and Professional Regulation shall exercise the
18		powers and duties prescribed by the Civil Administrative Code
19		of Illinois for the administration of licensing Acts and shall
20		exercise such other powers and duties as are prescribed by
21		this Act for the administration of this Act. The Department
22		may contract with third parties for services necessary for the
23		proper administration of this Act, including, without
24		limitation, investigators with the proper knowledge, training,
25		and skills to investigate complaints against real estate

HB0307 Enrolled - 193 - LRB102 11622 KTG 16956 b
1		appraisers.
2		In addition, the Department may receive federal financial
3		assistance, either directly from the federal government or
4		indirectly through another source, public or private, for the
5		administration of this Act. The Department may also receive
6		transfers, gifts, grants, or donations from any source, public
7		or private, in the form of funds, services, equipment,
8		supplies, or materials. Any funds received pursuant to this
9		Section shall be deposited in the Appraisal Administration
10		Fund unless deposit in a different fund is otherwise mandated,
11		and shall be used in accordance with the requirements of the
12		federal financial assistance, gift, grant, or donation for
13		purposes related to the powers and duties of the Department.
14		The Department shall maintain and update a registry of the
15		names and addresses of all licensees and a listing of
16		disciplinary orders issued pursuant to this Act and shall
17		transmit the registry, along with any national registry fees
18		that may be required, to the entity specified by, and in a
19		manner consistent with, Title XI of the federal Financial
20		Institutions Reform, Recovery, and Enforcement Act of 1989.
21		(Source: P.A. 102-16, eff. 6-17-21; 102-20, eff. 1-1-22;
22		revised 7-17-21.)
23		Section 150. The Appraisal Management Company Registration
24		Act is amended by changing Section 10 as follows:

HB0307 Enrolled - 194 - LRB102 11622 KTG 16956 b
1		(225 ILCS 459/10)
2		(Text of Section before amendment by P.A. 102-20)
3		Sec. 10. Definitions. In this Act:
4		"Address of record" means the principal address recorded
5		by the Department in the applicant's or registrant's
6		application file or registration file maintained by the
7		Department's registration maintenance unit.
8		"Applicant" means a person or entity who applies to the
9		Department for a registration under this Act.
10		"Appraisal" means (noun) the act or process of developing
11		an opinion of value; an opinion of value (adjective) of or
12		pertaining to appraising and related functions.
13		"Appraisal firm" means an appraisal entity that is 100%
14		owned and controlled by a person or persons licensed in
15		Illinois as a certified general real estate appraiser or a
16		certified residential real estate appraiser. An appraisal firm
17		does not include an appraisal management company.
18		"Appraisal management company" means any corporation,
19		limited liability company, partnership, sole proprietorship,
20		subsidiary, unit, or other business entity that directly or
21		indirectly: (1) provides appraisal management services to
22		creditors or secondary mortgage market participants; (2)
23		provides appraisal management services in connection with
24		valuing the consumer's principal dwelling as security for a
25		consumer credit transaction (including consumer credit
26		transactions incorporated into securitizations); (3) within a

HB0307 Enrolled - 195 - LRB102 11622 KTG 16956 b
1		given year, oversees an appraiser panel of any size of
2		State-certified appraisers in Illinois; and (4) any appraisal
3		management company that, within a given year, oversees an
4		appraiser panel of 16 or more State-certified appraisers in
5		Illinois or 25 or more State-certified or State-licensed
6		appraisers in 2 or more jurisdictions shall be subject to the
7		appraisal management company national registry fee in addition
8		to the appraiser panel fee. "Appraisal management company"
9		includes a hybrid entity.
10		"Appraisal management company national registry fee" means
11		the fee implemented pursuant to Title XI of the federal
12		Financial Institutions Reform, Recovery, and Enforcement Act
13		of 1989 for an appraiser management company's national
14		registry.
15		"Appraisal management services" means one or more of the
16		following:
17		(1) recruiting, selecting, and retaining appraisers;
18		(2) contracting with State-certified or State-licensed
19		appraisers to perform appraisal assignments;
20		(3) managing the process of having an appraisal
21		performed, including providing administrative services
22		such as receiving appraisal orders and appraisal reports;
23		submitting completed appraisal reports to creditors and
24		secondary market participants; collecting compensation
25		from creditors, underwriters, or secondary market
26		participants for services provided; or paying appraisers

HB0307 Enrolled - 196 - LRB102 11622 KTG 16956 b
1		for services performed; or
2		(4) reviewing and verifying the work of appraisers.
3		"Appraiser panel" means a network, list, or roster of
4		licensed or certified appraisers approved by the appraisal
5		management company or by the end-user client to perform
6		appraisals for the appraisal management company. "Appraiser
7		panel" includes both appraisers accepted by an appraisal
8		management company for consideration for future appraisal
9		assignments and appraisers engaged by an appraisal management
10		company to perform one or more appraisals.
11		"Appraiser panel fee" means the amount collected from a
12		registrant that, where applicable, includes an appraisal
13		management company's national registry fee.
14		"Appraisal report" means a written appraisal by an
15		appraiser to a client.
16		"Appraisal practice service" means valuation services
17		performed by an individual acting as an appraiser, including,
18		but not limited to, appraisal or appraisal review.
19		"Appraisal subcommittee" means the appraisal subcommittee
20		of the Federal Financial Institutions Examination Council as
21		established by Title XI.
22		"Appraiser" means a person who performs real estate or
23		real property appraisals.
24		"Assignment result" means an appraiser's opinions and
25		conclusions developed specific to an assignment.
26		"Audit" includes, but is not limited to, an annual or

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1		special audit, visit, or review necessary under this Act or
2		required by the Secretary or the Secretary's authorized
3		representative in carrying out the duties and responsibilities
4		under this Act.
5		"Client" means the party or parties who engage an
6		appraiser by employment or contract in a specific appraisal
7		assignment.
8		"Controlling person Person" means:
9		(1) an owner, officer, or director of an entity
10		seeking to offer appraisal management services;
11		(2) an individual employed, appointed, or authorized
12		by an appraisal management company who has the authority
13		to:
14		(A) enter into a contractual relationship with a
15		client for the performance of an appraisal management
16		service or appraisal practice service; and
17		(B) enter into an agreement with an appraiser for
18		the performance of a real estate appraisal activity;
19		(3) an individual who possesses, directly or
20		indirectly, the power to direct or cause the direction of
21		the management or policies of an appraisal management
22		company; or
23		(4) an individual who will act as the sole compliance
24		officer with regard to this Act and any rules adopted
25		under this Act.
26		"Coordinator" means the Coordinator of the Appraisal

HB0307 Enrolled - 198 - LRB102 11622 KTG 16956 b
1		Management Company Registration Unit of the Department or his
2		or her designee.
3		"Covered transaction" means a consumer credit transaction
4		secured by a consumer's principal dwelling.
5		"Department" means the Department of Financial and
6		Professional Regulation.
7		"Email address of record" means the designated email
8		address recorded by the Department in the applicant's
9		application file or the registrant's registration file
10		maintained by the Department's registration maintenance unit.
11		"Entity" means a corporation, a limited liability company,
12		partnership, a sole proprietorship, or other entity providing
13		services or holding itself out to provide services as an
14		appraisal management company or an appraisal management
15		service.
16		"End-user client" means any person who utilizes or engages
17		the services of an appraiser through an appraisal management
18		company.
19		"Federally regulated appraisal management company" means
20		an appraisal management company that is owned and controlled
21		by an insured depository institution, as defined in 12 U.S.C.
22		1813, or an insured credit union, as defined in 12 U.S.C. 1752,
23		and regulated by the Office of the Comptroller of the
24		Currency, the Federal Reserve Board, the National Credit Union
25		Association, or the Federal Deposit Insurance Corporation.
26		"Financial institution" means any bank, savings bank,

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1		savings and loan association, credit union, mortgage broker,
2		mortgage banker, registrant under the Consumer Installment
3		Loan Act or the Sales Finance Agency Act, or a corporate
4		fiduciary, subsidiary, affiliate, parent company, or holding
5		company of any registrant, or any institution involved in real
6		estate financing that is regulated by State or federal law.
7		"Foreign appraisal management company" means any appraisal
8		management company organized under the laws of any other state
9		of the United States, the District of Columbia, or any other
10		jurisdiction of the United States.
11		"Hybrid entity" means an appraisal management company that
12		hires an appraiser as an employee to perform an appraisal and
13		engages an independent contractor to perform an appraisal.
14		"Multi-state licensing system" means a web-based platform
15		that allows an applicant to submit his or her application or
16		registration renewal to the Department online.
17		"Person" means individuals, entities, sole
18		proprietorships, corporations, limited liability companies,
19		and alien, foreign, or domestic partnerships, except that when
20		the context otherwise requires, the term may refer to a single
21		individual or other described entity.
22		"Principal dwelling" means a residential structure that
23		contains one to 4 units, whether or not that structure is
24		attached to real property. "Principal dwelling" includes an
25		individual condominium unit, cooperative unit, manufactured
26		home, mobile home, and trailer, if it is used as a residence.

HB0307 Enrolled - 200 - LRB102 11622 KTG 16956 b
1		"Principal office" means the actual, physical business
2		address, which shall not be a post office box or a virtual
3		business address, of a registrant, at which (i) the Department
4		may contact the registrant and (ii) records required under
5		this Act are maintained.
6		"Qualified to transact business in this State" means being
7		in compliance with the requirements of the Business
8		Corporation Act of 1983.
9		"Quality control review" means a review of an appraisal
10		report for compliance and completeness, including grammatical,
11		typographical, or other similar errors, unrelated to
12		developing an opinion of value.
13		"Real estate" means an identified parcel or tract of land,
14		including any improvements.
15		"Real estate related financial transaction" means any
16		transaction involving:
17		(1) the sale, lease, purchase, investment in, or
18		exchange of real property, including interests in property
19		or the financing thereof;
20		(2) the refinancing of real property or interests in
21		real property; and
22		(3) the use of real property or interest in property
23		as security for a loan or investment, including mortgage
24		backed securities.
25		"Real property" means the interests, benefits, and rights
26		inherent in the ownership of real estate.

HB0307 Enrolled - 201 - LRB102 11622 KTG 16956 b
1		"Secretary" means the Secretary of Financial and
2		Professional Regulation.
3		"USPAP" means the Uniform Standards of Professional
4		Appraisal Practice as adopted by the Appraisal Standards Board
5		under Title XI.
6		"Valuation" means any estimate of the value of real
7		property in connection with a creditor's decision to provide
8		credit, including those values developed under a policy of a
9		government sponsored enterprise or by an automated valuation
10		model or other methodology or mechanism.
11		"Written notice" means a communication transmitted by mail
12		or by electronic means that can be verified between an
13		appraisal management company and a licensed or certified real
14		estate appraiser.
15		(Source: P.A. 100-604, eff. 7-13-18; revised 8-2-21.)
16		(Text of Section after amendment by P.A. 102-20)
17		Sec. 10. Definitions. In this Act:
18		"Address of record" means the principal address recorded
19		by the Department in the applicant's or registrant's
20		application file or registration file maintained by the
21		Department's registration maintenance unit.
22		"Applicant" means a person or entity who applies to the
23		Department for a registration under this Act.
24		"Appraisal" means (noun) the act or process of developing
25		an opinion of value; an opinion of value (adjective) of or

HB0307 Enrolled - 202 - LRB102 11622 KTG 16956 b
1		pertaining to appraising and related functions.
2		"Appraisal firm" means an appraisal entity that is 100%
3		owned and controlled by a person or persons licensed in
4		Illinois as a certified general real estate appraiser or a
5		certified residential real estate appraiser. An appraisal firm
6		does not include an appraisal management company.
7		"Appraisal management company" means any corporation,
8		limited liability company, partnership, sole proprietorship,
9		subsidiary, unit, or other business entity that directly or
10		indirectly: (1) provides appraisal management services to
11		creditors or secondary mortgage market participants, including
12		affiliates; (2) provides appraisal management services in
13		connection with valuing the consumer's principal dwelling as
14		security for a consumer credit transaction (including consumer
15		credit transactions incorporated into securitizations); and
16		(3) any appraisal management company that, within a given
17		12-month period, oversees an appraiser panel of 16 or more
18		State-certified appraisers in Illinois or 25 or more
19		State-certified or State-licensed appraisers in 2 or more
20		jurisdictions. "Appraisal management company" includes a
21		hybrid entity.
22		"Appraisal management company national registry fee" means
23		the fee implemented pursuant to Title XI of the federal
24		Financial Institutions Reform, Recovery, and Enforcement Act
25		of 1989 for an appraiser management company's national
26		registry.

HB0307 Enrolled - 203 - LRB102 11622 KTG 16956 b
1		"Appraisal management services" means one or more of the
2		following:
3		(1) recruiting, selecting, and retaining appraisers;
4		(2) contracting with State-certified or State-licensed
5		appraisers to perform appraisal assignments;
6		(3) managing the process of having an appraisal
7		performed, including providing administrative services
8		such as receiving appraisal orders and appraisal reports;
9		submitting completed appraisal reports to creditors and
10		secondary market participants; collecting compensation
11		from creditors, underwriters, or secondary market
12		participants for services provided; or paying appraisers
13		for services performed; or
14		(4) reviewing and verifying the work of appraisers.
15		"Appraiser panel" means a network, list, or roster of
16		licensed or certified appraisers approved by the appraisal
17		management company or by the end-user client to perform
18		appraisals as independent contractors for the appraisal
19		management company. "Appraiser panel" includes both appraisers
20		accepted by an appraisal management company for consideration
21		for future appraisal assignments and appraisers engaged by an
22		appraisal management company to perform one or more
23		appraisals. For the purposes of determining the size of an
24		appraiser panel, only independent contractors of hybrid
25		entities shall be counted towards the appraiser panel.
26		"Appraiser panel fee" means the amount collected from a

HB0307 Enrolled - 204 - LRB102 11622 KTG 16956 b
1		registrant that, where applicable, includes an appraisal
2		management company's national registry fee.
3		"Appraisal report" means a written appraisal by an
4		appraiser to a client.
5		"Appraisal practice service" means valuation services
6		performed by an individual acting as an appraiser, including,
7		but not limited to, appraisal or appraisal review.
8		"Appraisal subcommittee" means the appraisal subcommittee
9		of the Federal Financial Institutions Examination Council as
10		established by Title XI.
11		"Appraiser" means a person who performs real estate or
12		real property appraisals.
13		"Assignment result" means an appraiser's opinions and
14		conclusions developed specific to an assignment.
15		"Audit" includes, but is not limited to, an annual or
16		special audit, visit, or review necessary under this Act or
17		required by the Secretary or the Secretary's authorized
18		representative in carrying out the duties and responsibilities
19		under this Act.
20		"Client" means the party or parties who engage an
21		appraiser by employment or contract in a specific appraisal
22		assignment.
23		"Controlling person Person" means:
24		(1) an owner, officer, or director of an entity
25		seeking to offer appraisal management services;
26		(2) an individual employed, appointed, or authorized

HB0307 Enrolled - 205 - LRB102 11622 KTG 16956 b
1		by an appraisal management company who has the authority
2		to:
3		(A) enter into a contractual relationship with a
4		client for the performance of an appraisal management
5		service or appraisal practice service; and
6		(B) enter into an agreement with an appraiser for
7		the performance of a real estate appraisal activity;
8		(3) an individual who possesses, directly or
9		indirectly, the power to direct or cause the direction of
10		the management or policies of an appraisal management
11		company; or
12		(4) an individual who will act as the sole compliance
13		officer with regard to this Act and any rules adopted
14		under this Act.
15		"Covered transaction" means a consumer credit transaction
16		secured by a consumer's principal dwelling.
17		"Department" means the Department of Financial and
18		Professional Regulation.
19		"Email address of record" means the designated email
20		address recorded by the Department in the applicant's
21		application file or the registrant's registration file
22		maintained by the Department's registration maintenance unit.
23		"Entity" means a corporation, a limited liability company,
24		partnership, a sole proprietorship, or other entity providing
25		services or holding itself out to provide services as an
26		appraisal management company or an appraisal management

HB0307 Enrolled - 206 - LRB102 11622 KTG 16956 b
1		service.
2		"End-user client" means any person who utilizes or engages
3		the services of an appraiser through an appraisal management
4		company.
5		"Federally regulated appraisal management company" means
6		an appraisal management company that is owned and controlled
7		by an insured depository institution, as defined in 12 U.S.C.
8		1813, or an insured credit union, as defined in 12 U.S.C. 1752,
9		and regulated by the Office of the Comptroller of the
10		Currency, the Federal Reserve Board, the National Credit Union
11		Association, or the Federal Deposit Insurance Corporation.
12		"Financial institution" means any bank, savings bank,
13		savings and loan association, credit union, mortgage broker,
14		mortgage banker, registrant under the Consumer Installment
15		Loan Act or the Sales Finance Agency Act, or a corporate
16		fiduciary, subsidiary, affiliate, parent company, or holding
17		company of any registrant, or any institution involved in real
18		estate financing that is regulated by State or federal law.
19		"Foreign appraisal management company" means any appraisal
20		management company organized under the laws of any other state
21		of the United States, the District of Columbia, or any other
22		jurisdiction of the United States.
23		"Hybrid entity" means an appraisal management company that
24		hires an appraiser as an employee to perform an appraisal and
25		engages an independent contractor to perform an appraisal.
26		"Multi-state licensing system" means a web-based platform

HB0307 Enrolled - 207 - LRB102 11622 KTG 16956 b
1		that allows an applicant to submit the application or
2		registration renewal to the Department online.
3		"Person" means individuals, entities, sole
4		proprietorships, corporations, limited liability companies,
5		and alien, foreign, or domestic partnerships, except that when
6		the context otherwise requires, the term may refer to a single
7		individual or other described entity.
8		"Principal dwelling" means a residential structure that
9		contains one to 4 units, whether or not that structure is
10		attached to real property. "Principal dwelling" includes an
11		individual condominium unit, cooperative unit, manufactured
12		home, mobile home, and trailer, if it is used as a residence.
13		"Principal office" means the actual, physical business
14		address, which shall not be a post office box or a virtual
15		business address, of a registrant, at which (i) the Department
16		may contact the registrant and (ii) records required under
17		this Act are maintained.
18		"Qualified to transact business in this State" means being
19		in compliance with the requirements of the Business
20		Corporation Act of 1983.
21		"Quality control review" means a review of an appraisal
22		report for compliance and completeness, including grammatical,
23		typographical, or other similar errors, unrelated to
24		developing an opinion of value.
25		"Real estate" means an identified parcel or tract of land,
26		including any improvements.

HB0307 Enrolled - 208 - LRB102 11622 KTG 16956 b
1		"Real estate related financial transaction" means any
2		transaction involving:
3		(1) the sale, lease, purchase, investment in, or
4		exchange of real property, including interests in property
5		or the financing thereof;
6		(2) the refinancing of real property or interests in
7		real property; and
8		(3) the use of real property or interest in property
9		as security for a loan or investment, including mortgage
10		backed securities.
11		"Real property" means the interests, benefits, and rights
12		inherent in the ownership of real estate.
13		"Secretary" means the Secretary of Financial and
14		Professional Regulation.
15		"USPAP" means the Uniform Standards of Professional
16		Appraisal Practice as adopted by the Appraisal Standards Board
17		under Title XI.
18		"Valuation" means any estimate of the value of real
19		property in connection with a creditor's decision to provide
20		credit, including those values developed under a policy of a
21		government sponsored enterprise or by an automated valuation
22		model or other methodology or mechanism.
23		"Written notice" means a communication transmitted by mail
24		or by electronic means that can be verified between an
25		appraisal management company and a licensed or certified real
26		estate appraiser.

HB0307 Enrolled - 209 - LRB102 11622 KTG 16956 b
1		(Source: P.A. 102-20, eff. 1-1-22; revised 8-2-21.)
2		Section 155. The Hydraulic Fracturing Regulatory Act is
3		amended by changing Section 1-77 as follows:
4		(225 ILCS 732/1-77)
5		Sec. 1-77. Chemical disclosure; trade secret protection.
6		(a) If the chemical disclosure information required by
7		paragraph (8) of subsection (b) of Section 1-35 of this Act is
8		not submitted at the time of permit application, then the
9		permittee, applicant, or person who will perform high volume
10		horizontal hydraulic fracturing operations at the well shall
11		submit this information to the Department in electronic format
12		no less than 21 calendar days prior to performing the high
13		volume horizontal hydraulic fracturing operations. The
14		permittee shall not cause or allow any stimulation of the well
15		if it is not in compliance with this Section. Nothing in this
16		Section shall prohibit the person performing high volume
17		horizontal hydraulic fracturing operations from adjusting or
18		altering the contents of the fluid during the treatment
19		process to respond to unexpected conditions, as long as the
20		permittee or the person performing the high volume horizontal
21		hydraulic fracturing operations notifies the Department by
22		electronic mail within 24 hours of the departure from the
23		initial treatment design and includes a brief explanation of
24		the reason for the departure.

HB0307 Enrolled - 210 - LRB102 11622 KTG 16956 b
1		(b) No permittee shall use the services of another person
2		to perform high volume horizontal hydraulic fracturing
3		operations unless the person is in compliance with this
4		Section.
5		(c) Any person performing high volume horizontal hydraulic
6		fracturing operations within this State shall:
7		(1) be authorized to do business in this State; and
8		(2) maintain and disclose to the Department separate
9		and up-to-date master lists of:
10		(A) the base fluid to be used during any high
11		volume horizontal hydraulic fracturing operations
12		within this State;
13		(B) all hydraulic fracturing additives to be used
14		during any high volume horizontal hydraulic fracturing
15		operations within this State; and
16		(C) all chemicals and associated Chemical Abstract
17		Service numbers to be used in any high volume
18		horizontal hydraulic fracturing operations within this
19		State.
20		(d) Persons performing high volume horizontal hydraulic
21		fracturing operations are prohibited from using any base
22		fluid, hydraulic fracturing additive, or chemical not listed
23		on their master lists disclosed under paragraph (2) of
24		subsection (c) of this Section.
25		(e) The Department shall assemble and post up-to-date
26		copies of the master lists it receives under paragraph (2) of

HB0307 Enrolled - 211 - LRB102 11622 KTG 16956 b
1		subsection (c) of this Section on its website in accordance
2		with Section 1-110 of this Act.
3		(f) Where an applicant, permittee, or the person
4		performing high volume horizontal hydraulic fracturing
5		operations furnishes chemical disclosure information to the
6		Department under this Section, Section 1-35, or Section 1-75
7		of this Act under a claim of trade secret, the applicant,
8		permittee, or person performing high volume horizontal
9		hydraulic fracturing operations shall submit redacted and
10		un-redacted copies of the documents containing the information
11		to the Department and the Department shall use the redacted
12		copies when posting materials on its website.
13		(g) Upon submission or within 5 calendar days of
14		submission of chemical disclosure information to the
15		Department under this Section, Section 1-35, or Section 1-75
16		of this Act under a claim of trade secret, the person that
17		claimed trade secret protection shall provide a justification
18		of the claim containing the following: a detailed description
19		of the procedures used by the person to safeguard the
20		information from becoming available to persons other than
21		those selected by the person to have access to the information
22		for limited purposes; a detailed statement identifying the
23		persons or class of persons to whom the information has been
24		disclosed; a certification that the person has no knowledge
25		that the information has ever been published or disseminated
26		or has otherwise become a matter of general public knowledge;

HB0307 Enrolled - 212 - LRB102 11622 KTG 16956 b
1		a detailed discussion of why the person believes the
2		information to be of competitive value; and any other
3		information that shall support the claim.
4		(h) Chemical disclosure information furnished under this
5		Section, Section 1-35, or Section 1-75 of this Act under a
6		claim of trade secret shall be protected from disclosure as a
7		trade secret if the Department determines that the statement
8		of justification demonstrates that:
9		(1) the information has not been published,
10		disseminated, or otherwise become a matter of general
11		public knowledge; and
12		(2) the information has competitive value.
13		There is a rebuttable presumption that the information has
14		not been published, disseminated, or otherwise become a matter
15		of general public knowledge if the person has taken reasonable
16		measures to prevent the information from becoming available to
17		persons other than those selected by the person to have access
18		to the information for limited purposes and the statement of
19		justification contains a certification that the person has no
20		knowledge that the information has ever been published,
21		disseminated, or otherwise become a matter of general public
22		knowledge.
23		(i) Denial of a trade secret request under this Section
24		shall be appealable under the Administrative Review Law.
25		(j) A person whose request to inspect or copy a public
26		record is denied, in whole or in part, because of a grant of

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1		trade secret protection may file a request for review with the
2		Public Access Counselor under Section 9.5 of the Freedom of
3		Information Act or for injunctive or declaratory relief under
4		Section 11 of the Freedom of Information Act for the purpose of
5		reviewing whether the Department properly determined that the
6		trade secret protection should be granted.
7		(k) Except as otherwise provided in subsections (l) and
8		(m) of this Section, the Department must maintain the
9		confidentiality of chemical disclosure information furnished
10		under this Section, Section 1-35, or Section 1-75 of this Act
11		under a claim of trade secret, until the Department receives
12		official notification of a final order by a reviewing body
13		with proper jurisdiction that is not subject to further appeal
14		rejecting a grant of trade secret protection for that
15		information.
16		(l) The Department shall adopt rules for the provision of
17		information furnished under a claim of trade secret to a
18		health professional who states a need for the information and
19		articulates why the information is needed. The health
20		professional may share that information with other persons as
21		may be professionally necessary, including, but not limited
22		to, the affected patient, other health professionals involved
23		in the treatment of the affected patient, the affected
24		patient's family members if the affected patient is
25		unconscious, is unable to make medical decisions, or is a
26		minor, the Centers for Disease Control and Prevention, and

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1		other government public health agencies. Except as otherwise
2		provided in this Section, any recipient of the information
3		shall not use the information for purposes other than the
4		health needs asserted in the request and shall otherwise
5		maintain the information as confidential. Information so
6		disclosed to a health professional shall in no way be
7		construed as publicly available. The holder of the trade
8		secret may request a confidentiality agreement consistent with
9		the requirements of this Section from all health professionals
10		to whom the information is disclosed as soon as circumstances
11		permit. The rules adopted by the Department shall also
12		establish procedures for providing the information in both
13		emergency and non-emergency situations.
14		(m) In the event of a release of hydraulic fracturing
15		fluid, a hydraulic fracturing additive, or hydraulic
16		fracturing flowback, and when necessary to protect public
17		health or the environment, the Department may disclose
18		information furnished under a claim of trade secret to the
19		relevant county public health director or emergency manager,
20		the relevant fire department chief, the Director of the
21		Illinois Department of Public Health, the Director of the
22		Illinois Department of Agriculture, and the Director of the
23		Illinois Environmental Protection Agency upon request by that
24		individual. The Director of the Illinois Department of Public
25		Health, and the Director of the Illinois Environmental
26		Protection Agency, and the Director of the Illinois Department

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1		of Agriculture may disclose this information to staff members
2		under the same terms and conditions as apply to the Director of
3		Natural Resources. Except as otherwise provided in this
4		Section, any recipient of the information shall not use the
5		information for purposes other than to protect public health
6		or the environment and shall otherwise maintain the
7		information as confidential. Information disclosed to staff
8		shall in no way be construed as publicly available. The holder
9		of the trade secret information may request a confidentiality
10		agreement consistent with the requirements of this Section
11		from all persons to whom the information is disclosed as soon
12		as circumstances permit.
13		(Source: P.A. 98-22, eff. 6-17-13; revised 7-16-21.)
14		Section 160. The Sports Wagering Act is amended by
15		changing Section 25-90 as follows:
16		(230 ILCS 45/25-90)
17		Sec. 25-90. Tax; Sports Wagering Fund.
18		(a) For the privilege of holding a license to operate
19		sports wagering under this Act, this State shall impose and
20		collect 15% of a master sports wagering licensee's adjusted
21		gross sports wagering receipts from sports wagering. The
22		accrual method of accounting shall be used for purposes of
23		calculating the amount of the tax owed by the licensee.
24		The taxes levied and collected pursuant to this subsection

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1		(a) are due and payable to the Board no later than the last day
2		of the month following the calendar month in which the
3		adjusted gross sports wagering receipts were received and the
4		tax obligation was accrued.
5		(a-5) In addition to the tax imposed under subsection (a)
6		of this Section, for the privilege of holding a license to
7		operate sports wagering under this Act, the State shall impose
8		and collect 2% of the adjusted gross receipts from sports
9		wagers that are placed within a home rule county with a
10		population of over 3,000,000 inhabitants, which shall be paid,
11		subject to appropriation from the General Assembly, from the
12		Sports Wagering Fund to that home rule county for the purpose
13		of enhancing the county's criminal justice system.
14		(b) The Sports Wagering Fund is hereby created as a
15		special fund in the State treasury. Except as otherwise
16		provided in this Act, all moneys collected under this Act by
17		the Board shall be deposited into the Sports Wagering Fund. On
18		the 25th of each month, any moneys remaining in the Sports
19		Wagering Fund in excess of the anticipated monthly
20		expenditures from the Fund through the next month, as
21		certified by the Board to the State Comptroller, shall be
22		transferred by the State Comptroller and the State Treasurer
23		to the Capital Projects Fund.
24		(c) Beginning with July 2021, and on a monthly basis
25		thereafter, the Board shall certify to the State Comptroller
26		the amount of license fees collected in the month for initial

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1		licenses issued under this Act, except for occupational
2		licenses. As soon after certification as practicable, the
3		State Comptroller shall direct and the State Treasurer shall
4		transfer the certified amount from the Sports Wagering Fund to
5		the Rebuild Illinois Projects Fund.
6		(Source: P.A. 101-31, eff. 6-28-19; 102-16, eff. 6-17-21;
7		revised 7-16-21.)
8		Section 165. The Illinois Public Aid Code is amended by
9		changing Sections 5-5.7a and 5-5e as follows:
10		(305 ILCS 5/5-5.7a)
11		Sec. 5-5.7a. Pandemic related stability payments for
12		health care providers. Notwithstanding other provisions of
13		law, and in accordance with the Illinois Emergency Management
14		Agency, the Department of Healthcare and Family Services shall
15		develop a process to distribute pandemic related stability
16		payments, from federal sources dedicated for such purposes, to
17		health care providers that are providing care to recipients
18		under the Medical Assistance Program. For provider types
19		serving residents who are recipients of medical assistance
20		under this Code and are funded by other State agencies, the
21		Department will coordinate the distribution process of the
22		pandemic related stability payments. Federal sources dedicated
23		to pandemic related payments include, but are not limited to,
24		funds distributed to the State of Illinois from the

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1		Coronavirus Relief Fund pursuant to the Coronavirus Aid,
2		Relief, and Economic Security Act ("CARES Act") and from the
3		Coronavirus State Fiscal Recovery Fund pursuant to Section
4		9901 of the American Rescue Plan Act of 2021, that are
5		appropriated to the Department during Fiscal Years 2020, 2021,
6		and 2022 for purposes permitted by those federal laws and
7		related federal guidance.
8		(1) Pandemic related stability payments for these
9		providers shall be separate and apart from any rate
10		methodology otherwise defined in this Code to the extent
11		permitted in accordance with Section 5001 of the CARES Act
12		and Section 9901 of the American Rescue Plan Act of 2021
13		and any related federal guidance.
14		(2) Payments made from moneys received from the
15		Coronavirus Relief Fund shall be used exclusively for
16		expenses incurred by the providers that are eligible for
17		reimbursement from the Coronavirus Relief Fund in
18		accordance with Section 5001 of the CARES Act and related
19		federal guidance. Payments made from moneys received from
20		the Coronavirus State Fiscal Recovery Fund shall be used
21		exclusively for purposes permitted by Section 9901 of the
22		American Rescue Plan Act of 2021 and related federal
23		guidance.
24		(3) All providers receiving pandemic related stability
25		payments shall attest in a format to be created by the
26		Department and be able to demonstrate that their expenses

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1		are pandemic related, were not part of their annual
2		budgets established before March 1, 2020, and are directly
3		associated with health care needs.
4		(4) Pandemic related stability payments will be
5		distributed based on a schedule and framework to be
6		established by the Department with recognition of the
7		pandemic related acuity of the situation for each
8		provider, taking into account the factors including, but
9		not limited to, the following: ;
10		(A) the impact of the pandemic on patients served,
11		impact on staff, and shortages of the personal
12		protective equipment necessary for infection control
13		efforts for all providers;
14		(B) COVID-19 positivity rates among staff, or
15		patients, or both;
16		(C) pandemic related workforce challenges and
17		costs associated with temporary wage increases
18		associated with pandemic related hazard pay programs,
19		or costs associated with which providers do not have
20		enough staff to adequately provide care and protection
21		to the residents and other staff;
22		(D) providers with significant reductions in
23		utilization that result in corresponding reductions in
24		revenue as a result of the pandemic, including, but
25		not limited to, the cancellation or postponement of
26		elective procedures and visits;

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1		(E) pandemic related payments received directly by
2		the providers through other federal resources;
3		(F) current efforts to respond to and provide
4		services to communities disproportionately impacted by
5		the COVID-19 public health emergency, including
6		low-income and socially vulnerable communities that
7		have seen the most severe health impacts and
8		exacerbated health inequities along racial, ethnic,
9		and socioeconomic lines; and
10		(G) provider needs for capital improvements to
11		existing facilities, including upgrades to HVAC and
12		ventilation systems and capital improvements for
13		enhancing infection control or reducing crowding,
14		which may include bed-buybacks.
15		(5) Pandemic related stability payments made from
16		moneys received from the Coronavirus Relief Fund will be
17		distributed to providers based on a methodology to be
18		administered by the Department with amounts determined by
19		a calculation of total federal pandemic related funds
20		appropriated by the Illinois General Assembly for this
21		purpose. Providers receiving the pandemic related
22		stability payments will attest to their increased costs,
23		declining revenues, and receipt of additional pandemic
24		related funds directly from the federal government.
25		(6) Of the payments provided for by this Section made
26		from moneys received from the Coronavirus Relief Fund, a

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1		minimum of 30% shall be allotted for health care providers
2		that serve the ZIP codes located in the most
3		disproportionately impacted areas of Illinois, based on
4		positive COVID-19 cases based on data collected by the
5		Department of Public Health and provided to the Department
6		of Healthcare and Family Services.
7		(7) From funds appropriated, directly or indirectly,
8		from moneys received by the State from the Coronavirus
9		State Fiscal Recovery Fund for Fiscal Years 2021 and 2022,
10		the Department shall expend such funds only for purposes
11		permitted by Section 9901 of the American Rescue Plan Act
12		of 2021 and related federal guidance. Such expenditures
13		may include, but are not limited to: payments to providers
14		for costs incurred due to the COVID-19 public health
15		emergency; unreimbursed costs for testing and treatment of
16		uninsured Illinois residents; costs of COVID-19 mitigation
17		and prevention; medical expenses related to aftercare or
18		extended care for COVID-19 patients with longer term
19		symptoms and effects; costs of behavioral health care;
20		costs of public health and safety staff; and expenditures
21		permitted in order to address (i) disparities in public
22		health outcomes, (ii) nursing and other essential health
23		care workforce investments, (iii) exacerbation of
24		pre-existing disparities, and (iv) promoting healthy
25		childhood environments.
26		(8) From funds appropriated, directly or indirectly,

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1		from moneys received by the State from the Coronavirus
2		State Fiscal Recovery Fund for Fiscal Years 2022 and 2023,
3		the Department shall establish a program for making
4		payments to long term care service providers and
5		facilities, for purposes related to financial support for
6		workers in the long term care industry, but only as
7		permitted by either the CARES Act or Section 9901 of the
8		American Rescue Plan Act of 2021 and related federal
9		guidance, including, but not limited to the following:
10		monthly amounts of $25,000,000 per month for July 2021,
11		August 2021, and September 2021 where at least 50% of the
12		funds in July shall be passed directly to front line
13		workers and an additional 12.5% more in each of the next 2
14		months; financial support programs for providers enhancing
15		direct care staff recruitment efforts through the payment
16		of education expenses; and financial support programs for
17		providers offering enhanced and expanded training for all
18		levels of the long term care healthcare workforce to
19		achieve better patient outcomes, such as training on
20		infection control, proper personal protective equipment,
21		best practices in quality of care, and culturally
22		competent patient communications. The Department shall
23		have the authority to audit and potentially recoup funds
24		not utilized as outlined and attested.
25		(9) From funds appropriated, directly or indirectly,
26		from moneys received by the State from the Coronavirus

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1		State Fiscal Recovery Fund for Fiscal Years 2022 through
2		2024 the Department shall establish a program for making
3		payments to facilities licensed under the Nursing Home
4		Care Act and facilities licensed under the Specialized
5		Mental Health Rehabilitation Act of 2013. To the extent
6		permitted by Section 9901 of the American Rescue Plan Act
7		of 2021 and related federal guidance, the program shall
8		provide payments for making permanent improvements to
9		resident rooms in order to improve resident outcomes and
10		infection control. Funds may be used to reduce bed
11		capacity and room occupancy. To be eligible for funding, a
12		facility must submit an application to the Department as
13		prescribed by the Department and as published on its
14		website. A facility may need to receive approval from the
15		Health Facilities and Services Review Board for the
16		permanent improvements or the removal of the beds before
17		it can receive payment under this paragraph.
18		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
19		revised 7-16-21.)
20		(305 ILCS 5/5-5e)
21		Sec. 5-5e. Adjusted rates of reimbursement.
22		(a) Rates or payments for services in effect on June 30,
23		2012 shall be adjusted and services shall be affected as
24		required by any other provision of Public Act 97-689. In
25		addition, the Department shall do the following:

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1		(1) Delink the per diem rate paid for supportive
2		living facility services from the per diem rate paid for
3		nursing facility services, effective for services provided
4		on or after May 1, 2011 and before July 1, 2019.
5		(2) Cease payment for bed reserves in nursing
6		facilities and specialized mental health rehabilitation
7		facilities; for purposes of therapeutic home visits for
8		individuals scoring as TBI on the MDS 3.0, beginning June
9		1, 2015, the Department shall approve payments for bed
10		reserves in nursing facilities and specialized mental
11		health rehabilitation facilities that have at least a 90%
12		occupancy level and at least 80% of their residents are
13		Medicaid eligible. Payment shall be at a daily rate of 75%
14		of an individual's current Medicaid per diem and shall not
15		exceed 10 days in a calendar month.
16		(2.5) Cease payment for bed reserves for purposes of
17		inpatient hospitalizations to intermediate care facilities
18		for persons with developmental disabilities, except in the
19		instance of residents who are under 21 years of age.
20		(3) Cease payment of the $10 per day add-on payment to
21		nursing facilities for certain residents with
22		developmental disabilities.
23		(b) After the application of subsection (a),
24		notwithstanding any other provision of this Code to the
25		contrary and to the extent permitted by federal law, on and
26		after July 1, 2012, the rates of reimbursement for services

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1		and other payments provided under this Code shall further be
2		reduced as follows:
3		(1) Rates or payments for physician services, dental
4		services, or community health center services reimbursed
5		through an encounter rate, and services provided under the
6		Medicaid Rehabilitation Option of the Illinois Title XIX
7		State Plan shall not be further reduced, except as
8		provided in Section 5-5b.1.
9		(2) Rates or payments, or the portion thereof, paid to
10		a provider that is operated by a unit of local government
11		or State University that provides the non-federal share of
12		such services shall not be further reduced, except as
13		provided in Section 5-5b.1.
14		(3) Rates or payments for hospital services delivered
15		by a hospital defined as a Safety-Net Hospital under
16		Section 5-5e.1 of this Code shall not be further reduced,
17		except as provided in Section 5-5b.1.
18		(4) Rates or payments for hospital services delivered
19		by a Critical Access Hospital, which is an Illinois
20		hospital designated as a critical care hospital by the
21		Department of Public Health in accordance with 42 CFR 485,
22		Subpart F, shall not be further reduced, except as
23		provided in Section 5-5b.1.
24		(5) Rates or payments for Nursing Facility Services
25		shall only be further adjusted pursuant to Section 5-5.2
26		of this Code.

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1		(6) Rates or payments for services delivered by long
2		term care facilities licensed under the ID/DD Community
3		Care Act or the MC/DD Act and developmental training
4		services shall not be further reduced.
5		(7) Rates or payments for services provided under
6		capitation rates shall be adjusted taking into
7		consideration the rates reduction and covered services
8		required by Public Act 97-689.
9		(8) For hospitals not previously described in this
10		subsection, the rates or payments for hospital services
11		provided before July 1, 2021, shall be further reduced by
12		3.5%, except for payments authorized under Section 5A-12.4
13		of this Code. For hospital services provided on or after
14		July 1, 2021, all rates for hospital services previously
15		reduced pursuant to Public Act P.A. 97-689 shall be
16		increased to reflect the discontinuation of any hospital
17		rate reductions authorized in this paragraph (8).
18		(9) For all other rates or payments for services
19		delivered by providers not specifically referenced in
20		paragraphs (1) through (7), rates or payments shall be
21		further reduced by 2.7%.
22		(c) Any assessment imposed by this Code shall continue and
23		nothing in this Section shall be construed to cause it to
24		cease.
25		(d) Notwithstanding any other provision of this Code to
26		the contrary, subject to federal approval under Title XIX of

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1		the Social Security Act, for dates of service on and after July
2		1, 2014, rates or payments for services provided for the
3		purpose of transitioning children from a hospital to home
4		placement or other appropriate setting by a children's
5		community-based health care center authorized under the
6		Alternative Health Care Delivery Act shall be $683 per day.
7		(e) (Blank).
8		(f) (Blank).
9		(Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
10		102-16, eff. 6-17-21; revised 7-16-21.)
11		Section 170. The Cannabis Regulation and Tax Act is
12		amended by changing Section 55-28 as follows:
13		(410 ILCS 705/55-28)
14		Sec. 55-28. Restricted cannabis zones.
15		(a) As used in this Section:
16		"Legal voter" means a person:
17		(1) who is duly registered to vote in a municipality
18		with a population of over 500,000;
19		(2) whose name appears on a poll list compiled by the
20		city board of election commissioners since the last
21		preceding election, regardless of whether the election was
22		a primary, general, or special election;
23		(3) who, at the relevant time, is a resident of the
24		address at which he or she is registered to vote; and

HB0307 Enrolled - 228 - LRB102 11622 KTG 16956 b
1		(4) whose address, at the relevant time, is located in
2		the precinct where such person seeks to file a notice of
3		intent to initiate a petition process, circulate a
4		petition, or sign a petition under this Section.
5		As used in the definition of "legal voter", "relevant
6		time" means any time that:
7		(i) a notice of intent is filed, pursuant to
8		subsection (c) of this Section, to initiate the petition
9		process under this Section;
10		(ii) the petition is circulated for signature in the
11		applicable precinct; or
12		(iii) the petition is signed by registered voters in
13		the applicable precinct.
14		"Petition" means the petition described in this Section.
15		"Precinct" means the smallest constituent territory within
16		a municipality with a population of over 500,000 in which
17		electors vote as a unit at the same polling place in any
18		election governed by the Election Code.
19		"Restricted cannabis zone" means a precinct within which
20		home cultivation, one or more types of cannabis business
21		establishments, or both has been prohibited pursuant to an
22		ordinance initiated by a petition under this Section.
23		(b) The legal voters of any precinct within a municipality
24		with a population of over 500,000 may petition their local
25		alderperson, using a petition form made available online by
26		the city clerk, to introduce an ordinance establishing the

HB0307 Enrolled - 229 - LRB102 11622 KTG 16956 b
1		precinct as a restricted zone. Such petition shall specify
2		whether it seeks an ordinance to prohibit, within the
3		precinct: (i) home cultivation; (ii) one or more types of
4		cannabis business establishments; or (iii) home cultivation
5		and one or more types of cannabis business establishments.
6		Upon receiving a petition containing the signatures of at
7		least 25% of the registered voters of the precinct, and
8		concluding that the petition is legally sufficient following
9		the posting and review process in subsection (c) of this
10		Section, the city clerk shall notify the local alderperson of
11		the ward in which the precinct is located. Upon being
12		notified, that alderperson, following an assessment of
13		relevant factors within the precinct, including, but not
14		limited to, its geography, density and character, the
15		prevalence of residentially zoned property, current licensed
16		cannabis business establishments in the precinct, the current
17		amount of home cultivation in the precinct, and the prevailing
18		viewpoint with regard to the issue raised in the petition, may
19		introduce an ordinance to the municipality's governing body
20		creating a restricted cannabis zone in that precinct.
21		(c) A person seeking to initiate the petition process
22		described in this Section shall first submit to the city clerk
23		notice of intent to do so, on a form made available online by
24		the city clerk. That notice shall include a description of the
25		potentially affected area and the scope of the restriction
26		sought. The city clerk shall publicly post the submitted

HB0307 Enrolled - 230 - LRB102 11622 KTG 16956 b
1		notice online.
2		To be legally sufficient, a petition must contain the
3		requisite number of valid signatures and all such signatures
4		must be obtained within 90 days of the date that the city clerk
5		publicly posts the notice of intent. Upon receipt, the city
6		clerk shall post the petition on the municipality's website
7		for a 30-day comment period. The city clerk is authorized to
8		take all necessary and appropriate steps to verify the legal
9		sufficiency of a submitted petition. Following the petition
10		review and comment period, the city clerk shall publicly post
11		online the status of the petition as accepted or rejected, and
12		if rejected, the reasons therefor. If the city clerk rejects a
13		petition as legally insufficient, a minimum of 12 months must
14		elapse from the time the city clerk posts the rejection notice
15		before a new notice of intent for that same precinct may be
16		submitted.
17		(c-5) Within 3 days after receiving an application for
18		zoning approval to locate a cannabis business establishment
19		within a municipality with a population of over 500,000, the
20		municipality shall post a public notice of the filing on its
21		website and notify the alderperson alderman of the ward in
22		which the proposed cannabis business establishment is to be
23		located of the filing. No action shall be taken on the zoning
24		application for 7 business days following the notice of the
25		filing for zoning approval.
26		If a notice of intent to initiate the petition process to

HB0307 Enrolled - 231 - LRB102 11622 KTG 16956 b
1		prohibit the type of cannabis business establishment proposed
2		in the precinct of the proposed cannabis business
3		establishment is filed prior to the filing of the application
4		or within the 7-day period after the filing of the
5		application, the municipality shall not approve the
6		application for at least 90 days after the city clerk publicly
7		posts the notice of intent to initiate the petition process.
8		If a petition is filed within the 90-day petition-gathering
9		period described in subsection (c), the municipality shall not
10		approve the application for an additional 90 days after the
11		city clerk's receipt of the petition; provided that if the
12		city clerk rejects a petition as legally insufficient, the
13		municipality may approve the application prior to the end of
14		the 90 days. If a petition is not submitted within the 90-day
15		petition-gathering period described in subsection (c), the
16		municipality may approve the application unless the approval
17		is otherwise stayed pursuant to this subsection by a separate
18		notice of intent to initiate the petition process filed timely
19		within the 7-day period.
20		If no legally sufficient petition is timely filed, a
21		minimum of 12 months must elapse before a new notice of intent
22		for that same precinct may be submitted.
23		(d) Notwithstanding any law to the contrary, the
24		municipality may enact an ordinance creating a restricted
25		cannabis zone. The ordinance shall:
26		(1) identify the applicable precinct boundaries as of

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1		the date of the petition;
2		(2) state whether the ordinance prohibits within the
3		defined boundaries of the precinct, and in what
4		combination: (A) one or more types of cannabis business
5		establishments; or (B) home cultivation;
6		(3) be in effect for 4 years, unless repealed earlier;
7		and
8		(4) once in effect, be subject to renewal by ordinance
9		at the expiration of the 4-year period without the need
10		for another supporting petition.
11		(e) An Early Approval Adult Use Dispensing Organization
12		License permitted to relocate under subsection (b-5) of
13		Section 15-15 shall not relocate to a restricted cannabis
14		zone.
15		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
16		102-15, eff. 6-17-21; 102-98, eff. 7-15-21; revised 8-3-21.)
17		Section 175. The Reimagine Public Safety Act is amended by
18		changing Section 35-10 as follows:
19		(430 ILCS 69/35-10)
20		Sec. 35-10. Definitions. As used in this Act:
21		"Approved technical assistance and training provider"
22		means an organization that has experience in improving the
23		outcomes of local community-based organizations by providing
24		supportive services that address the gaps in their resources

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1		and knowledge about content-based work or provide support and
2		knowledge about the administration and management of
3		organizations, or both. Approved technical assistance and
4		training providers as defined in this Act are intended to
5		assist community organizations with evaluating the need for
6		evidence-based evidenced-based violence prevention services,
7		promising violence prevention programs, starting up
8		programming, and strengthening the quality of existing
9		programming.
10		"Communities" means, for municipalities with a 1,000,000
11		or more population in Illinois, the 77 designated areas
12		defined by the University of Chicago Social Science Research
13		Committee as amended in 1980.
14		"Concentrated firearm violence" means the 17 most violent
15		communities in Illinois municipalities greater than one
16		million residents and the 10 most violent municipalities with
17		less than 1,000,000 residents and greater than 25,000
18		residents with the most per capita firearm-shot incidents from
19		January 1, 2016 through December 31, 2020.
20		"Criminal justice-involved" means an individual who has
21		been arrested, indicted, convicted, adjudicated delinquent, or
22		otherwise detained by criminal justice authorities for
23		violation of Illinois criminal laws.
24		"Evidence-based high-risk youth intervention services"
25		means programs that reduce involvement in the criminal justice
26		system, increase school attendance, and refer high-risk teens

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1		into therapeutic programs that address trauma recovery and
2		other mental health improvements based on best practices in
3		the youth intervention services field.
4		"Evidence-based Evidenced-based violence prevention
5		services" means coordinated programming and services that may
6		include, but are not limited to, effective emotional or trauma
7		related therapies, housing, employment training, job
8		placement, family engagement, or wrap-around support services
9		that are considered to be best practice for reducing violence
10		within the field of violence intervention research and
11		practice.
12		"Evidence-based youth development programs" means
13		after-school and summer programming that provides services to
14		teens to increase their school attendance, school performance,
15		reduce involvement in the criminal justice system, and develop
16		nonacademic interests that build social emotional persistence
17		and intelligence based on best practices in the field of youth
18		development services for high-risk youth.
19		"Options school" means a secondary school where 75% or
20		more of attending students have either stopped attending or
21		failed their secondary school courses since first attending
22		ninth grade.
23		"Qualified violence prevention organization" means an
24		organization that manages and employs qualified violence
25		prevention professionals.
26		"Qualified violence prevention professional" means a

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1		community health worker who renders violence preventive
2		services.
3		"Social organization" means an organization of individuals
4		who form the organization for the purposes of enjoyment, work,
5		and other mutual interests.
6		(Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.)
7		Section 180. The Judicial Districts Act of 2021 is amended
8		by changing Section 5 as follows:
9		(705 ILCS 23/5)
10		Sec. 5. Legislative intent. The intent of this Act is to
11		redraw the Judicial Districts to meet the requirements of the
12		Illinois Constitution of 1970 by providing that outside of the
13		First District the State "shall be divided by law into four
14		Judicial Districts of substantially equal population, each of
15		which shall be compact and composed of contiguous counties."
16		Section 2 of Article VI of the Illinois Constitution of
17		1970 divides the State into five Judicial Districts for the
18		selection of Supreme and Appellate Court Judges, with Cook
19		County comprising the First District and the remainder of the
20		State "divided by law into four Judicial Districts of
21		substantially equal population, each of which shall be compact
22		and composed of contiguous counties." Further, Section 7 of
23		Article VI provides that a Judicial Circuit must be located
24		within one Judicial District, and also provides the First

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1		Judicial District is comprised of a judicial circuit and the
2		remainder provided by law, subject to the requirement that
3		Circuits composed of more than one county shall be compact and
4		of contiguous counties. The current Judicial District map was
5		enacted in 1963.
6		The current Judicial Districts do not meet the
7		Constitution's requirement that four Districts other than the
8		First District be of "substantially equal population." Using
9		the American Community Survey data available at the time this
10		Act is enacted, the population of the current First District
11		is 5,198,212; the Second District is 3,204,960; the Third
12		District is 1,782,863; the Fourth District is 1,299,747; and
13		the Fifth District is 1,284,757.
14		Under this redistricting plan, the population, according
15		to the American Community Survey, of the Second District will
16		be 1,770,983; the Third District will be 1,950,349; the Fourth
17		District will be 2,011,316; and the Fifth District will be
18		1,839,679. A similar substantially equitable result occurs
19		using the 2010 U.S. Census data, the most recent decennial
20		census data available at the time of this Act, with the
21		population of the Second District being approximately
22		1,747,387; the Third District being 1,936,616; the Fourth
23		District being 2,069,660; and the Fifth District being
24		1,882,294. Because of the constitutional requirement that a
25		District be composed of whole counties, and given that actual
26		population changes on a day-to-day basis, the populations are

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1		not and could never be exact, but the population of each of the
2		four Districts created by this Act is substantially equal.
3		In addition to ensuring the population of the four
4		Districts are substantially equal, this Act complies with
5		Section 7 of Article VI of the Illinois Constitution of 1970,
6		which provides that the First Judicial District shall be
7		comprised of a Judicial Circuit, and the remaining Judicial
8		Circuits shall be provided by law, and Circuits comprised of
9		more than one county shall be compact and of contiguous
10		counties. To comply with Section 7 of Article VI and minimize
11		disruption to the administration of the Judicial Branch, this
12		Act avoids changing the compositions and boundaries of the
13		Judicial Circuits, while simultaneously creating substantially
14		equally populated, compact, and contiguous Judicial Districts.
15		To further avoid any interruption to the administration of
16		the Judicial Branch, this Act does not require that the
17		Supreme Court change where the Appellate Courts currently
18		reside. By Supreme Court Rule, the Second District Appellate
19		Court currently sits in Elgin; the Third District Appellate
20		Court currently sits in Ottawa; the Fourth District Appellate
21		Court currently sits in Springfield; and the Fifth District
22		Appellate Court currently sits in Mt. Vernon. Under this Act,
23		the Supreme Court is not required to change where the
24		Appellate Courts sit as those cities remain in the Second,
25		Third, Fourth, and Fifth District respectively.
26		To ensure continuity of service and compliance with the

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1		Illinois Constitution of 1970, nothing in this Act is intended
2		to affect the tenure of any Appellate or Supreme Court Judge
3		elected or appointed prior to the effective date of this Act.
4		In accordance with the Constitution, no change in the
5		boundaries shall affect an incumbent judge's qualification for
6		office or right to run for retention. Incumbent judges have
7		the right to run for retention in the counties comprising the
8		District that elected the judge, or in the counties comprising
9		the new District where the judge resides, as the judge may
10		elect. As provided by the Constitution, upon a vacancy in an
11		elected Supreme or Appellate Court office, the Supreme Court
12		may fill the vacancy until the vacancy is filled in the next
13		general election in the counties comprising the District
14		created by this Act.
15		Further, nothing in this Act is intended to alter or
16		impair the ability of the Supreme Court to fulfill its
17		obligations to ensure the proper administration of the
18		Judicial Branch. For example, it remains within the purview of
19		the Supreme Court to assign or reassign any judge to any court
20		or determine assignment of additional judges to the Appellate
21		Court. Section 1 of the Appellate Act provides that the
22		"Supreme Court may assign additional judges to service in the
23		Appellate Court from time to time as the business of the
24		Appellate Court requires." Currently the Supreme Court has
25		three judges on assignment to the Second District Appellate
26		Court, whereas one judge is on assignment to the Third,

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1		Fourth, and Fifth Districts. Nothing in this Act seeks to
2		alter any judicial assignments.
3		Finally, it is the intent of the General Assembly that any
4		appealable order, as defined by Supreme Court Rules, entered
5		prior to the effective date of this Act shall be subject to
6		judicial review by the Judicial District in effect on the date
7		the order was entered; however, the administrative and
8		supervisory authority of the courts remains within the purview
9		of the Supreme Court.
10		(Source: P.A. 102-11, eff. 6-4-21; revised 7-15-21.)
11		Section 185. The Criminal Code of 2012 is amended by
12		changing Sections 7-5 and 7-5.5 as follows:
13		(720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
14		Sec. 7-5. Peace officer's use of force in making arrest.
15		(a) A peace officer, or any person whom he has summoned or
16		directed to assist him, need not retreat or desist from
17		efforts to make a lawful arrest because of resistance or
18		threatened resistance to the arrest. He is justified in the
19		use of any force which he reasonably believes, based on the
20		totality of the circumstances, to be necessary to effect the
21		arrest and of any force which he reasonably believes, based on
22		the totality of the circumstances, to be necessary to defend
23		himself or another from bodily harm while making the arrest.
24		However, he is justified in using force likely to cause death

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1		or great bodily harm only when: (i) he reasonably believes,
2		based on the totality of the circumstances, that such force is
3		necessary to prevent death or great bodily harm to himself or
4		such other person; or (ii) when he reasonably believes, based
5		on the totality of the circumstances, both that:
6		(1) Such force is necessary to prevent the arrest from
7		being defeated by resistance or escape and the officer
8		reasonably believes that the person to be arrested is
9		likely to cause great bodily harm to another; and
10		(2) The person to be arrested committed or attempted a
11		forcible felony which involves the infliction or
12		threatened infliction of great bodily harm or is
13		attempting to escape by use of a deadly weapon, or
14		otherwise indicates that he will endanger human life or
15		inflict great bodily harm unless arrested without delay.
16		As used in this subsection, "retreat" does not mean
17		tactical repositioning or other de-escalation tactics.
18		A peace officer is not justified in using force likely to
19		cause death or great bodily harm when there is no longer an
20		imminent threat of great bodily harm to the officer or
21		another.
22		(a-5) Where feasible, a peace officer shall, prior to the
23		use of force, make reasonable efforts to identify himself or
24		herself as a peace officer and to warn that deadly force may be
25		used.
26		(a-10) A peace officer shall not use deadly force against

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1		a person based on the danger that the person poses to himself
2		or herself if a an reasonable officer would believe the person
3		does not pose an imminent threat of death or great bodily harm
4		to the peace officer or to another person.
5		(a-15) A peace officer shall not use deadly force against
6		a person who is suspected of committing a property offense,
7		unless that offense is terrorism or unless deadly force is
8		otherwise authorized by law.
9		(b) A peace officer making an arrest pursuant to an
10		invalid warrant is justified in the use of any force which he
11		would be justified in using if the warrant were valid, unless
12		he knows that the warrant is invalid.
13		(c) The authority to use physical force conferred on peace
14		officers by this Article is a serious responsibility that
15		shall be exercised judiciously and with respect for human
16		rights and dignity and for the sanctity of every human life.
17		(d) Peace officers shall use deadly force only when
18		reasonably necessary in defense of human life. In determining
19		whether deadly force is reasonably necessary, officers shall
20		evaluate each situation in light of the totality of
21		circumstances of each case, including, but not limited to, the
22		proximity in time of the use of force to the commission of a
23		forcible felony, and the reasonable feasibility of safely
24		apprehending a subject at a later time, and shall use other
25		available resources and techniques, if reasonably safe and
26		feasible to a reasonable officer.

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1		(e) The decision by a peace officer to use force shall be
2		evaluated carefully and thoroughly, in a manner that reflects
3		the gravity of that authority and the serious consequences of
4		the use of force by peace officers, in order to ensure that
5		officers use force consistent with law and agency policies.
6		(f) The decision by a peace officer to use force shall be
7		evaluated from the perspective of a reasonable officer in the
8		same situation, based on the totality of the circumstances
9		known to or perceived by the officer at the time of the
10		decision, rather than with the benefit of hindsight, and that
11		the totality of the circumstances shall account for occasions
12		when officers may be forced to make quick judgments about
13		using force.
14		(g) Law enforcement agencies are encouraged to adopt and
15		develop policies designed to protect individuals with
16		physical, mental health, developmental, or intellectual
17		disabilities, or individuals who are significantly more likely
18		to experience greater levels of physical force during police
19		interactions, as these disabilities may affect the ability of
20		a person to understand or comply with commands from peace
21		officers.
22		(h) As used in this Section:
23		(1) "Deadly force" means any use of force that creates
24		a substantial risk of causing death or great bodily harm,
25		including, but not limited to, the discharge of a firearm.
26		(2) A threat of death or serious bodily injury is

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1		"imminent" when, based on the totality of the
2		circumstances, a reasonable officer in the same situation
3		would believe that a person has the present ability,
4		opportunity, and apparent intent to immediately cause
5		death or great bodily harm to the peace officer or another
6		person. An imminent harm is not merely a fear of future
7		harm, no matter how great the fear and no matter how great
8		the likelihood of the harm, but is one that, from
9		appearances, must be instantly confronted and addressed.
10		(3) "Totality of the circumstances" means all facts
11		known to the peace officer at the time, or that would be
12		known to a reasonable officer in the same situation,
13		including the conduct of the officer and the subject
14		leading up to the use of deadly force.
15		(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
16		revised 8-2-21.)
17		(720 ILCS 5/7-5.5)
18		Sec. 7-5.5. Prohibited use of force by a peace officer.
19		(a) A peace officer, or any other person acting under the
20		color of law, shall not use a chokehold or restraint above the
21		shoulders with risk of asphyxiation in the performance of his
22		or her duties, unless deadly force is justified under this
23		Article 7 of this Code.
24		(b) A peace officer, or any other person acting under the
25		color of law, shall not use a chokehold or restraint above the

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1		shoulders with risk of asphyxiation, or any lesser contact
2		with the throat or neck area of another, in order to prevent
3		the destruction of evidence by ingestion.
4		(c) As used in this Section, "chokehold" means applying
5		any direct pressure to the throat, windpipe, or airway of
6		another. "Chokehold" does not include any holding involving
7		contact with the neck that is not intended to reduce the intake
8		of air such as a headlock where the only pressure applied is to
9		the head.
10		(d) As used in this Section, "restraint above the
11		shoulders with risk of positional asphyxiation" means a use of
12		a technique used to restrain a person above the shoulders,
13		including the neck or head, in a position which interferes
14		with the person's ability to breathe after the person no
15		longer poses a threat to the officer or any other person.
16		(e) A peace officer, or any other person acting under the
17		color of law, shall not:
18		(i) use force as punishment or retaliation;
19		(ii) discharge kinetic impact projectiles and all
20		other non-lethal or non-or less-lethal projectiles in a
21		manner that targets the head, neck, groin, anterior
22		pelvis, or back;
23		(iii) discharge conducted electrical weapons in a
24		manner that targets the head, chest, neck, groin, or
25		anterior pelvis;
26		(iv) discharge firearms or kinetic impact projectiles

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1		indiscriminately into a crowd;
2		(v) use chemical agents or irritants for crowd
3		control, including pepper spray and tear gas, prior to
4		issuing an order to disperse in a sufficient manner to
5		allow for the order to be heard and repeated if necessary,
6		followed by sufficient time and space to allow compliance
7		with the order unless providing such time and space would
8		unduly place an officer or another person at risk of death
9		or great bodily harm; or
10		(vi) use chemical agents or irritants, including
11		pepper spray and tear gas, prior to issuing an order in a
12		sufficient manner to ensure the order is heard, and
13		repeated if necessary, to allow compliance with the order
14		unless providing such time and space would unduly place an
15		officer or another person at risk of death or great bodily
16		harm.
17		(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
18		revised 8-2-21.)
19		Section 190. The State's Attorneys Appellate Prosecutor's
20		Act is amended by changing Section 3 as follows:
21		(725 ILCS 210/3) (from Ch. 14, par. 203)
22		Sec. 3. There is created the Office of the State's
23		Attorneys Appellate Prosecutor as a judicial agency of State
24		state government.

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1		(a) The Office of the State's Attorneys Appellate
2		Prosecutor shall be governed by a board of governors which
3		shall consist of 10 members as follows:
4		(1) Eight State's Attorneys, 2 to be elected from each
5		District containing less than 3,000,000 inhabitants;
6		(2) The State's Attorney of Cook County or his or her
7		designee; and
8		(3) One State's Attorney to be bi-annually appointed
9		by the other 9 members.
10		(b) Voting for elected members shall be by District with
11		each of the State's Attorneys voting from their respective
12		district. Each board member must be duly elected or appointed
13		and serving as State's Attorney in the district from which he
14		was elected or appointed.
15		(c) Elected members shall serve for a term of 2 years
16		commencing upon their election and until their successors are
17		duly elected or appointed and qualified.
18		(d) A bi-annual An bi-annually election of members of the
19		board shall be held within 30 days prior or subsequent to the
20		beginning of the each odd numbered calendar year, and the
21		board shall certify the results to the Secretary of State.
22		(e) The board shall promulgate rules of procedure for the
23		election of its members and the conduct of its meetings and
24		shall elect a Chairman and a Vice-Chairman and such other
25		officers as it deems appropriate. The board shall meet at
26		least once every 3 months, and in addition thereto as directed

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1		by the Chairman, or upon the special call of any 5 members of
2		the board, in writing, sent to the Chairman, designating the
3		time and place of the meeting.
4		(f) Five members of the board shall constitute a quorum
5		for the purpose of transacting business.
6		(g) Members of the board shall serve without compensation,
7		but shall be reimbursed for necessary expenses incurred in the
8		performance of their duties.
9		(h) A position shall be vacated by either a member's
10		resignation, removal or inability to serve as State's
11		Attorney.
12		(i) Vacancies on the board of elected members shall be
13		filled within 90 days of the occurrence of the vacancy by a
14		special election held by the State's Attorneys in the district
15		where the vacancy occurred. Vacancies on the board of the
16		appointed member shall be filled within 90 days of the
17		occurrence of the vacancy by a special election by the
18		members. In the case of a special election, the tabulation and
19		certification of the results may be conducted at any regularly
20		scheduled quarterly or special meeting called for that
21		purpose. A member elected or appointed to fill such position
22		shall serve for the unexpired term of the member whom he is
23		succeeding. Any member may be re-elected or re-appointed for
24		additional terms.
25		(Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.)

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1		Section 195. The Unified Code of Corrections is amended by
2		changing Sections 3-2-5.5, 5-8-1, and 5-8A-4 as follows:
3		(730 ILCS 5/3-2-5.5)
4		Sec. 3-2-5.5. Women's Division.
5		(a) As used in this Section:
6		"Gender-responsive" means taking into account gender
7		specific differences that have been identified in
8		women-centered research, including, but not limited to,
9		socialization, psychological development, strengths, risk
10		factors, pathways through systems, responses to treatment
11		intervention, and other unique gender specific needs
12		facing justice-involved women. Gender responsive policies,
13		practices, programs, and services shall be implemented in
14		a manner that is considered relational, culturally
15		competent, family-centered, holistic, strength-based, and
16		trauma-informed.
17		"Trauma-informed practices" means practices
18		incorporating gender violence research and the impact of
19		all forms of trauma in designing and implementing
20		policies, practices, processes, programs, and services
21		that involve understanding, recognizing, and responding to
22		the effects of all types of trauma with emphasis on
23		physical, psychological, and emotional safety.
24		(b) The Department shall create a permanent Women's
25		Division under the direct supervision of the Director. The

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1		Women's Division shall have statewide authority and
2		operational oversight for all of the Department's women's
3		correctional centers and women's adult transition centers.
4		(c) The Director shall appoint a Chief Administrator for
5		the Women's Division who has received nationally recognized
6		specialized training in gender-responsive and trauma-informed
7		practices. The Chief Administrator shall be responsible for:
8		(1) management and supervision of all employees
9		assigned to the Women's Division correctional centers and
10		adult transition centers;
11		(2) development and implementation of evidence-based
12		evidenced-based, gender-responsive, and trauma-informed
13		practices that govern Women's Division operations and
14		programs;
15		(3) development of the Women's Division training,
16		orientation, and cycle curriculum, which shall be updated
17		as needed to align with gender responsive and
18		trauma-informed practices;
19		(4) training all staff assigned to the Women's
20		Division correctional centers and adult transition centers
21		on gender-responsive and trauma-informed practices;
22		(5) implementation of validated gender-responsive
23		classification and placement instruments;
24		(6) implementation of a gender-responsive risk,
25		assets, and needs assessment tool and case management
26		system for the Women's Division; and

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1		(7) collaborating with the Chief Administrator of
2		Parole to ensure staff responsible for supervision of
3		females under mandatory supervised release are
4		appropriately trained in evidence-based practices in
5		community supervision, gender-responsive practices, and
6		trauma-informed practices.
7		(Source: P.A. 100-527, eff. 6-1-18; 100-576, eff. 6-1-18;
8		revised 7-16-21.)
9		(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
10		Sec. 5-8-1. Natural life imprisonment; enhancements for
11		use of a firearm; mandatory supervised release terms.
12		(a) Except as otherwise provided in the statute defining
13		the offense or in Article 4.5 of Chapter V, a sentence of
14		imprisonment for a felony shall be a determinate sentence set
15		by the court under this Section, subject to Section 5-4.5-115
16		of this Code, according to the following limitations:
17		(1) for first degree murder,
18		(a) (blank),
19		(b) if a trier of fact finds beyond a reasonable
20		doubt that the murder was accompanied by exceptionally
21		brutal or heinous behavior indicative of wanton
22		cruelty or, except as set forth in subsection
23		(a)(1)(c) of this Section, that any of the aggravating
24		factors listed in subsection (b) or (b-5) of Section
25		9-1 of the Criminal Code of 1961 or the Criminal Code

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1		of 2012 are present, the court may sentence the
2		defendant, subject to Section 5-4.5-105, to a term of
3		natural life imprisonment, or
4		(c) the court shall sentence the defendant to a
5		term of natural life imprisonment if the defendant, at
6		the time of the commission of the murder, had attained
7		the age of 18, and:
8		(i) has previously been convicted of first
9		degree murder under any state or federal law, or
10		(ii) is found guilty of murdering more than
11		one victim, or
12		(iii) is found guilty of murdering a peace
13		officer, fireman, or emergency management worker
14		when the peace officer, fireman, or emergency
15		management worker was killed in the course of
16		performing his official duties, or to prevent the
17		peace officer or fireman from performing his
18		official duties, or in retaliation for the peace
19		officer, fireman, or emergency management worker
20		from performing his official duties, and the
21		defendant knew or should have known that the
22		murdered individual was a peace officer, fireman,
23		or emergency management worker, or
24		(iv) is found guilty of murdering an employee
25		of an institution or facility of the Department of
26		Corrections, or any similar local correctional

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1		agency, when the employee was killed in the course
2		of performing his official duties, or to prevent
3		the employee from performing his official duties,
4		or in retaliation for the employee performing his
5		official duties, or
6		(v) is found guilty of murdering an emergency
7		medical technician - ambulance, emergency medical
8		technician - intermediate, emergency medical
9		technician - paramedic, ambulance driver or other
10		medical assistance or first aid person while
11		employed by a municipality or other governmental
12		unit when the person was killed in the course of
13		performing official duties or to prevent the
14		person from performing official duties or in
15		retaliation for performing official duties and the
16		defendant knew or should have known that the
17		murdered individual was an emergency medical
18		technician - ambulance, emergency medical
19		technician - intermediate, emergency medical
20		technician - paramedic, ambulance driver, or other
21		medical assistant or first aid personnel, or
22		(vi) (blank), or
23		(vii) is found guilty of first degree murder
24		and the murder was committed by reason of any
25		person's activity as a community policing
26		volunteer or to prevent any person from engaging

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1		in activity as a community policing volunteer. For
2		the purpose of this Section, "community policing
3		volunteer" has the meaning ascribed to it in
4		Section 2-3.5 of the Criminal Code of 2012.
5		For purposes of clause (v), "emergency medical
6		technician - ambulance", "emergency medical technician -
7		intermediate", "emergency medical technician -
8		paramedic", have the meanings ascribed to them in the
9		Emergency Medical Services (EMS) Systems Act.
10		(d)(i) if the person committed the offense while
11		armed with a firearm, 15 years shall be added to
12		the term of imprisonment imposed by the court;
13		(ii) if, during the commission of the offense, the
14		person personally discharged a firearm, 20 years shall
15		be added to the term of imprisonment imposed by the
16		court;
17		(iii) if, during the commission of the offense,
18		the person personally discharged a firearm that
19		proximately caused great bodily harm, permanent
20		disability, permanent disfigurement, or death to
21		another person, 25 years or up to a term of natural
22		life shall be added to the term of imprisonment
23		imposed by the court.
24		(2) (blank);
25		(2.5) for a person who has attained the age of 18 years
26		at the time of the commission of the offense and who is

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1		convicted under the circumstances described in subdivision
2		(b)(1)(B) of Section 11-1.20 or paragraph (3) of
3		subsection (b) of Section 12-13, subdivision (d)(2) of
4		Section 11-1.30 or paragraph (2) of subsection (d) of
5		Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
6		paragraph (1.2) of subsection (b) of Section 12-14.1,
7		subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
8		subsection (b) of Section 12-14.1 of the Criminal Code of
9		1961 or the Criminal Code of 2012, the sentence shall be a
10		term of natural life imprisonment.
11		(b) (Blank).
12		(c) (Blank).
13		(d) Subject to earlier termination under Section 3-3-8,
14		the parole or mandatory supervised release term shall be
15		written as part of the sentencing order and shall be as
16		follows:
17		(1) for first degree murder or for the offenses of
18		predatory criminal sexual assault of a child, aggravated
19		criminal sexual assault, and criminal sexual assault if
20		committed on or before December 12, 2005, 3 years;
21		(1.5) except as provided in paragraph (7) of this
22		subsection (d), for a Class X felony except for the
23		offenses of predatory criminal sexual assault of a child,
24		aggravated criminal sexual assault, and criminal sexual
25		assault if committed on or after December 13, 2005 (the
26		effective date of Public Act 94-715) and except for the

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1		offense of aggravated child pornography under Section
2		11-20.1B., 11-20.3, or 11-20.1 with sentencing under
3		subsection (c-5) of Section 11-20.1 of the Criminal Code
4		of 1961 or the Criminal Code of 2012, if committed on or
5		after January 1, 2009, 18 months;
6		(2) except as provided in paragraph (7) of this
7		subsection (d), for a Class 1 felony or a Class 2 felony
8		except for the offense of criminal sexual assault if
9		committed on or after December 13, 2005 (the effective
10		date of Public Act 94-715) and except for the offenses of
11		manufacture and dissemination of child pornography under
12		clauses (a)(1) and (a)(2) of Section 11-20.1 of the
13		Criminal Code of 1961 or the Criminal Code of 2012, if
14		committed on or after January 1, 2009, 12 months;
15		(3) except as provided in paragraph (4), (6), or (7)
16		of this subsection (d), a mandatory supervised release
17		term shall not be imposed for a Class 3 felony or a Class 4
18		felony; unless:
19		(A) the Prisoner Review Board, based on a
20		validated risk and needs assessment, determines it is
21		necessary for an offender to serve a mandatory
22		supervised release term;
23		(B) if the Prisoner Review Board determines a
24		mandatory supervised release term is necessary
25		pursuant to subparagraph (A) of this paragraph (3),
26		the Prisoner Review Board shall specify the maximum

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1		number of months of mandatory supervised release the
2		offender may serve, limited to a term of: (i) 12 months
3		for a Class 3 felony; and (ii) 12 months for a Class 4
4		felony;
5		(4) for defendants who commit the offense of predatory
6		criminal sexual assault of a child, aggravated criminal
7		sexual assault, or criminal sexual assault, on or after
8		December 13, 2005 (the effective date of Public Act
9		94-715) this amendatory Act of the 94th General Assembly,
10		or who commit the offense of aggravated child pornography
11		under Section 11-20.1B, 11-20.3, or 11-20.1 with
12		sentencing under subsection (c-5) of Section 11-20.1 of
13		the Criminal Code of 1961 or the Criminal Code of 2012,
14		manufacture of child pornography, or dissemination of
15		child pornography after January 1, 2009, the term of
16		mandatory supervised release shall range from a minimum of
17		3 years to a maximum of the natural life of the defendant;
18		(5) if the victim is under 18 years of age, for a
19		second or subsequent offense of aggravated criminal sexual
20		abuse or felony criminal sexual abuse, 4 years, at least
21		the first 2 years of which the defendant shall serve in an
22		electronic monitoring or home detention program under
23		Article 8A of Chapter V of this Code;
24		(6) for a felony domestic battery, aggravated domestic
25		battery, stalking, aggravated stalking, and a felony
26		violation of an order of protection, 4 years;

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1		(7) for any felony described in paragraph (a)(2)(ii),
2		(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
3		(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
4		3-6-3 of the Unified Code of Corrections requiring an
5		inmate to serve a minimum of 85% of their court-imposed
6		sentence, except for the offenses of predatory criminal
7		sexual assault of a child, aggravated criminal sexual
8		assault, and criminal sexual assault if committed on or
9		after December 13, 2005 (the effective date of Public Act
10		94-715) and except for the offense of aggravated child
11		pornography under Section 11-20.1B., 11-20.3, or 11-20.1
12		with sentencing under subsection (c-5) of Section 11-20.1
13		of the Criminal Code of 1961 or the Criminal Code of 2012,
14		if committed on or after January 1, 2009 and except as
15		provided in paragraph (4) or paragraph (6) of this
16		subsection (d), the term of mandatory supervised release
17		shall be as follows:
18		(A) Class X felony, 3 years;
19		(B) Class 1 or Class 2 felonies, 2 years;
20		(C) Class 3 or Class 4 felonies, 1 year.
21		(e) (Blank).
22		(f) (Blank).
23		(g) Notwithstanding any other provisions of this Act and
24		of Public Act 101-652: (i) the provisions of paragraph (3) of
25		subsection (d) are effective on January 1, 2022 and shall
26		apply to all individuals convicted on or after the effective

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1		date of paragraph (3) of subsection (d); and (ii) the
2		provisions of paragraphs (1.5) and (2) of subsection (d) are
3		effective on July 1, 2021 and shall apply to all individuals
4		convicted on or after the effective date of paragraphs (1.5)
5		and (2) of subsection (d).
6		(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
7		102-28, eff. 6-25-21; revised 8-2-21.)
8		(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
9		Sec. 5-8A-4. Program description. The supervising
10		authority may promulgate rules that prescribe reasonable
11		guidelines under which an electronic monitoring and home
12		detention program shall operate. When using electronic
13		monitoring for home detention these rules may include, but not
14		be limited to, the following:
15		(A) The participant may be instructed to remain within
16		the interior premises or within the property boundaries of
17		his or her residence at all times during the hours
18		designated by the supervising authority. Such instances of
19		approved absences from the home shall include, but are not
20		limited to, the following:
21		(1) working or employment approved by the court or
22		traveling to or from approved employment;
23		(2) unemployed and seeking employment approved for
24		the participant by the court;
25		(3) undergoing medical, psychiatric, mental health

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1		treatment, counseling, or other treatment programs
2		approved for the participant by the court;
3		(4) attending an educational institution or a
4		program approved for the participant by the court;
5		(5) attending a regularly scheduled religious
6		service at a place of worship;
7		(6) participating in community work release or
8		community service programs approved for the
9		participant by the supervising authority; or
10		(7) for another compelling reason consistent with
11		the public interest, as approved by the supervising
12		authority; or .
13		(8) purchasing groceries, food, or other basic
14		necessities.
15		(A-1) At a minimum, any person ordered to pretrial
16		home confinement with or without electronic monitoring
17		must be provided with movement spread out over no fewer
18		than two days per week, to participate in basic activities
19		such as those listed in paragraph (A).
20		(B) The participant shall admit any person or agent
21		designated by the supervising authority into his or her
22		residence at any time for purposes of verifying the
23		participant's compliance with the conditions of his or her
24		detention.
25		(C) The participant shall make the necessary
26		arrangements to allow for any person or agent designated

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1		by the supervising authority to visit the participant's
2		place of education or employment at any time, based upon
3		the approval of the educational institution employer or
4		both, for the purpose of verifying the participant's
5		compliance with the conditions of his or her detention.
6		(D) The participant shall acknowledge and participate
7		with the approved electronic monitoring device as
8		designated by the supervising authority at any time for
9		the purpose of verifying the participant's compliance with
10		the conditions of his or her detention.
11		(E) The participant shall maintain the following:
12		(1) access to a working telephone;
13		(2) a monitoring device in the participant's home,
14		or on the participant's person, or both; and
15		(3) a monitoring device in the participant's home
16		and on the participant's person in the absence of a
17		telephone.
18		(F) The participant shall obtain approval from the
19		supervising authority before the participant changes
20		residence or the schedule described in subsection (A) of
21		this Section. Such approval shall not be unreasonably
22		withheld.
23		(G) The participant shall not commit another crime
24		during the period of home detention ordered by the Court.
25		(H) Notice to the participant that violation of the
26		order for home detention may subject the participant to

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1		prosecution for the crime of escape as described in
2		Section 5-8A-4.1.
3		(I) The participant shall abide by other conditions as
4		set by the supervising authority.
5		(J) This Section takes effect January 1, 2022.
6		(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
7		revised 8-3-21.)
8		Section 200. The Reporting of Deaths in Custody Act is
9		amended by changing Section 3-5 as follows:
10		(730 ILCS 210/3-5)
11		Sec. 3-5. Report of deaths of persons in custody in
12		correctional institutions.
13		(a) In this Act, "law enforcement agency" includes each
14		law enforcement entity within this State having the authority
15		to arrest and detain persons suspected of, or charged with,
16		committing a criminal offense, and each law enforcement entity
17		that operates a lock up, jail, prison, or any other facility
18		used to detain persons for legitimate law enforcement
19		purposes.
20		(b) In any case in which a person dies:
21		(1) while in the custody of:
22		(A) a law enforcement agency;
23		(B) a local or State correctional facility in this
24		State; or

HB0307 Enrolled - 262 - LRB102 11622 KTG 16956 b
1		(C) a peace officer; or
2		(2) as a result of the peace officer's use of force,
3		the law enforcement agency shall investigate and report
4		the death in writing to the Illinois Criminal Justice
5		Information Authority, no later than 30 days after the
6		date on which the person in custody or incarcerated died.
7		The written report shall contain the following
8		information:
9		(A) the following facts concerning the death that
10		are in the possession of the law enforcement agency in
11		charge of the investigation and the correctional
12		facility where the death occurred, race, age, gender,
13		sexual orientation, and gender identity of the
14		decedent, and a brief description of causes,
15		contributing factors and the circumstances surrounding
16		the death;
17		(B) if the death occurred in custody, the report
18		shall also include the jurisdiction, the law
19		enforcement agency providing the investigation, and
20		the local or State facility where the death occurred;
21		(C) if the death occurred in custody the report
22		shall also include if emergency care was requested by
23		the law enforcement agency in response to any illness,
24		injury, self-inflicted or otherwise, or other issue
25		related to rapid deterioration of physical wellness or
26		human subsistence, and details concerning emergency

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1		care that were provided to the decedent if emergency
2		care was provided.
3		(c) The law enforcement agency and the involved
4		correctional administrators shall make a good faith effort to
5		obtain all relevant facts and circumstances relevant to the
6		death and include those in the report.
7		(d) The Illinois Criminal Justice Information Authority
8		shall create a standardized form to be used for the purpose of
9		collecting information as described in subsection (b). The
10		information shall comply with this Act and the federal Federal
11		Death in Custody Reporting Act of 2013.
12		(e) Law enforcement agencies shall use the form described
13		in subsection (d) to report all cases in which a person dies:
14		(1) while in the custody of:
15		(A) a law enforcement agency;
16		(B) a local or State correctional facility in this
17		State; or
18		(C) a peace officer; or
19		(2) as a result of the peace officer's use of force.
20		(f) The Illinois Criminal Justice Information Authority
21		may determine the manner in which the form is transmitted from
22		a law enforcement agency to the Illinois Criminal Justice
23		Information Authority. All state agencies that collect similar
24		records as required under this Act, including the Illinois
25		State Police, Illinois Department of Corrections, and Illinois
26		Department of Juvenile Justice, shall collaborate with the

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1		Illinois Criminal Justice and Information Authority to collect
2		the information in this Act.
3		(g) The reports shall be public records within the meaning
4		of subsection (c) of Section 2 of the Freedom of Information
5		Act and are open to public inspection, with the exception of
6		any portion of the report that the Illinois Criminal Justice
7		Information Authority determines is privileged or protected
8		under Illinois or federal law.
9		(g-5) The Illinois Criminal Justice Information Authority
10		shall begin collecting this information by January 1, 2022.
11		The reports and publications in subsections (h) and below
12		shall begin by June 1, 2022.
13		(h) The Illinois Criminal Justice Information Authority
14		shall make available to the public information of all
15		individual reports relating to deaths in custody through the
16		Illinois Criminal Justice Information Authority's website to
17		be updated on a quarterly basis.
18		(i) The Illinois Criminal Justice Information Authority
19		shall issue a public annual report tabulating and evaluating
20		trends and information on deaths in custody, including, but
21		not limited to:
22		(1) information regarding the race, gender, sexual
23		orientation, and gender identity of the decedent; and a
24		brief description of the circumstances surrounding the
25		death;
26		(2) if the death occurred in custody, the report shall

HB0307 Enrolled - 265 - LRB102 11622 KTG 16956 b
1		also include the jurisdiction, law enforcement agency
2		providing the investigation, and local or State facility
3		where the death occurred; and
4		(3) recommendations and State and local efforts
5		underway to reduce deaths in custody.
6		The report shall be submitted to the Governor and General
7		Assembly and made available to the public on the Illinois
8		Criminal Justice Information Authority's website the first
9		week of February of each year.
10		(j) So that the State may oversee the healthcare provided
11		to any person in the custody of each law enforcement agency
12		within this State, provision of medical services to these
13		persons, general care and treatment, and any other factors
14		that may contribute to the death of any of these persons, the
15		following information shall be made available to the public on
16		the Illinois Criminal Justice Information Authority's website:
17		(1) the number of deaths that occurred during the
18		preceding calendar year;
19		(2) the known, or discoverable upon reasonable
20		inquiry, causes and contributing factors of each of the
21		in-custody deaths as defined in subsection (b); and
22		(3) the law enforcement agency's policies, procedures,
23		and protocols related to:
24		(A) treatment of a person experiencing withdrawal
25		from alcohol or substance use;
26		(B) the facility's provision, or lack of

HB0307 Enrolled - 266 - LRB102 11622 KTG 16956 b
1		provision, of medications used to treat, mitigate, or
2		address a person's symptoms; and
3		(C) notifying an inmate's next of kin after the
4		inmate's in-custody death.
5		(k) The family, next of kin, or any other person
6		reasonably nominated by the decedent as an emergency contact
7		shall be notified as soon as possible in a suitable manner
8		giving an accurate factual account of the cause of death and
9		circumstances surrounding the death in custody in accordance
10		with State and federal law.
11		(l) The law enforcement agency or correctional facility
12		shall name a staff person to act as dedicated family liaison
13		officer to be a point of contact for the family, to make and
14		maintain contact with the family, to report ongoing
15		developments and findings of investigations, and to provide
16		information and practical support. If requested by the
17		deceased's next of kin, the law enforcement agency or
18		correctional facility shall arrange for a chaplain, counselor,
19		or other suitable staff member to meet with the family and
20		discuss any faith considerations or concerns. The family has a
21		right to the medical records of a family member who has died in
22		custody and these records shall be disclosed to them in
23		accordance with State and federal law.
24		(m) Each department shall assign an employee or employees
25		to file reports under this Section. It is unlawful for a person
26		who is required under this Section to investigate a death or

HB0307 Enrolled - 267 - LRB102 11622 KTG 16956 b
1		file a report to fail to include in the report facts known or
2		discovered in the investigation to the Illinois Criminal
3		Justice Information Authority. A violation of this Section is
4		a petty offense, with a fine not to exceed $500.
5		(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
6		revised 8-3-21.)
7		Section 205. The Probate Act of 1975 is amended by
8		changing Section 11a-4 as follows:
9		(755 ILCS 5/11a-4)
10		(Text of Section before amendment by P.A. 102-72)
11		Sec. 11a-4. Temporary guardian.
12		(a) Prior to the appointment of a guardian under this
13		Article, pending an appeal in relation to the appointment, or
14		pending the completion of a citation proceeding brought
15		pursuant to Section 23-3 of this Act, or upon a guardian's
16		death, incapacity, or resignation, the court may appoint a
17		temporary guardian upon a showing of the necessity therefor
18		for the immediate welfare and protection of the alleged person
19		with a disability or his or her estate and subject to such
20		conditions as the court may prescribe. A petition for the
21		appointment of a temporary guardian for an alleged person with
22		a disability shall be filed at the time of or subsequent to the
23		filing of a petition for adjudication of disability and
24		appointment of a guardian. The petition for the appointment of

HB0307 Enrolled - 268 - LRB102 11622 KTG 16956 b
1		a temporary guardian shall state the facts upon which it is
2		based and the name, the post office address, and, in the case
3		of an individual, the age and occupation of the proposed
4		temporary guardian. In determining the necessity for temporary
5		guardianship, the immediate welfare and protection of the
6		alleged person with a disability and his or her estate shall be
7		of paramount concern, and the interests of the petitioner, any
8		care provider, or any other party shall not outweigh the
9		interests of the alleged person with a disability. The
10		temporary guardian shall have the limited powers and duties of
11		a guardian of the person or of the estate which are
12		specifically enumerated by court order. The court order shall
13		state the actual harm identified by the court that
14		necessitates temporary guardianship or any extension thereof.
15		(a-5) Notice of the time and place of the hearing on a
16		petition for the appointment of a temporary guardian shall be
17		given, not less than 3 days before the hearing, by mail or in
18		person to the alleged person with a disability, to the
19		proposed temporary guardian, and to those persons whose names
20		and addresses are listed in the petition for adjudication of
21		disability and appointment of a guardian under Section 11a-8.
22		The court, upon a finding of good cause, may waive the notice
23		requirement under this subsection.
24		(a-10) Notice of the time and place of the hearing on a
25		petition to revoke the appointment of a temporary guardian
26		shall be given, not less than 3 days before the hearing, by

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1		mail or in person to the temporary guardian, to the petitioner
2		on whose petition the temporary guardian was appointed, and to
3		those persons whose names and addresses are listed in the
4		petition for adjudication of disability and appointment of a
5		guardian under Section 11a-8. The court, upon a finding of
6		good cause, may waive the notice requirements under this
7		subsection.
8		(b) The temporary guardianship shall expire within 60 days
9		after the appointment or whenever a guardian is regularly
10		appointed, whichever occurs first. No extension shall be
11		granted except:
12		(1) In a case where there has been an adjudication of
13		disability, an extension shall be granted:
14		(i) pending the disposition on appeal of an
15		adjudication of disability;
16		(ii) pending the completion of a citation
17		proceeding brought pursuant to Section 23-3;
18		(iii) pending the appointment of a successor
19		guardian in a case where the former guardian has
20		resigned, has become incapacitated, or is deceased; or
21		(iv) where the guardian's powers have been
22		suspended pursuant to a court order.
23		(2) In a case where there has not been an adjudication
24		of disability, an extension shall be granted pending the
25		disposition of a petition brought pursuant to Section
26		11a-8 so long as the court finds it is in the best interest

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1		of the alleged person with a disability to extend the
2		temporary guardianship so as to protect the alleged person
3		with a disability from any potential abuse, neglect,
4		self-neglect, exploitation, or other harm and such
5		extension lasts no more than 120 days from the date the
6		temporary guardian was originally appointed.
7		The ward shall have the right any time after the
8		appointment of a temporary guardian is made to petition the
9		court to revoke the appointment of the temporary guardian.
10		(Source: P.A. 102-120, eff. 7-23-21; revised 8-3-21.)
11		(Text of Section after amendment by P.A. 102-72)
12		Sec. 11a-4. Temporary guardian.
13		(a) Prior to the appointment of a guardian under this
14		Article, pending an appeal in relation to the appointment, or
15		pending the completion of a citation proceeding brought
16		pursuant to Section 23-3 of this Act, or upon a guardian's
17		death, incapacity, or resignation, the court may appoint a
18		temporary guardian upon a showing of the necessity therefor
19		for the immediate welfare and protection of the alleged person
20		with a disability or his or her estate and subject to such
21		conditions as the court may prescribe. A petition for the
22		appointment of a temporary guardian for an alleged person with
23		a disability shall be filed at the time of or subsequent to the
24		filing of a petition for adjudication of disability and
25		appointment of a guardian. The petition for the appointment of

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1		a temporary guardian shall state the facts upon which it is
2		based and the name, the post office address, and, in the case
3		of an individual, the age and occupation of the proposed
4		temporary guardian. In determining the necessity for temporary
5		guardianship, the immediate welfare and protection of the
6		alleged person with a disability and his or her estate shall be
7		of paramount concern, and the interests of the petitioner, any
8		care provider, or any other party shall not outweigh the
9		interests of the alleged person with a disability. The
10		temporary guardian shall have the limited powers and duties of
11		a guardian of the person or of the estate which are
12		specifically enumerated by court order. The court order shall
13		state the actual harm identified by the court that
14		necessitates temporary guardianship or any extension thereof.
15		(a-5) Notice of the time and place of the hearing on a
16		petition for the appointment of a temporary guardian shall be
17		given, not less than 3 days before the hearing, by mail or in
18		person to the alleged person with a disability, to the
19		proposed temporary guardian, and to those persons whose names
20		and addresses are listed in the petition for adjudication of
21		disability and appointment of a guardian under Section 11a-8.
22		The court, upon a finding of good cause, may waive the notice
23		requirement under this subsection.
24		(a-10) Notice of the time and place of the hearing on a
25		petition to revoke the appointment of a temporary guardian
26		shall be given, not less than 3 days before the hearing, by

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1		mail or in person to the temporary guardian, to the petitioner
2		on whose petition the temporary guardian was appointed, and to
3		those persons whose names and addresses are listed in the
4		petition for adjudication of disability and appointment of a
5		guardian under Section 11a-8. The court, upon a finding of
6		good cause, may waive the notice requirements under this
7		subsection.
8		(b) The temporary guardianship shall expire within 60 days
9		after the appointment or whenever a guardian is regularly
10		appointed, whichever occurs first. No extension shall be
11		granted except:
12		(1) In a case where there has been an adjudication of
13		disability, an extension shall be granted:
14		(i) pending the disposition on appeal of an
15		adjudication of disability;
16		(ii) pending the completion of a citation
17		proceeding brought pursuant to Section 23-3;
18		(iii) pending the appointment of a successor
19		guardian in a case where the former guardian has
20		resigned, has become incapacitated, or is deceased; or
21		(iv) where the guardian's powers have been
22		suspended pursuant to a court order.
23		(2) In a case where there has not been an adjudication
24		of disability, an extension shall be granted pending the
25		disposition of a petition brought pursuant to Section
26		11a-8 so long as the court finds it is in the best

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1		interests of the alleged person with a disability to
2		extend the temporary guardianship so as to protect the
3		alleged person with a disability from any potential abuse,
4		neglect, self-neglect, exploitation, or other harm and
5		such extension lasts no more than 120 days from the date
6		the temporary guardian was originally appointed.
7		The ward shall have the right any time after the
8		appointment of a temporary guardian is made to petition the
9		court to revoke the appointment of the temporary guardian.
10		(Source: P.A. 102-72, eff. 1-1-22; 102-120, eff 7-23-21;
11		revised 8-3-21.)
12		Section 210. The Self-Service Storage Facility Act is
13		amended by changing Section 4 as follows:
14		(770 ILCS 95/4) (from Ch. 114, par. 804)
15		Sec. 4. Enforcement of lien. An owner's lien as provided
16		for in Section 3 of this Act for a claim which has become due
17		may be satisfied as follows:
18		(A) The occupant shall be notified. ;
19		(B) The notice shall be delivered:
20		(1) in person; or
21		(2) by verified mail or by electronic mail to the last
22		known address of the occupant. ;
23		(C) The notice shall include:
24		(1) An itemized statement of the owner's claim showing

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1		the sum due at the time of the notice and the date when the
2		sum became due;
3		(2) The name of the facility, address, telephone
4		number, date, time, location, and manner of the lien sale,
5		and the occupant's name and unit number;
6		(3) A notice of denial of access to the personal
7		property, if such denial is permitted under the terms of
8		the rental agreement, which provides the name, street
9		address, and telephone number of the owner, or his
10		designated agent, whom the occupant may contact to respond
11		to this notice;
12		(3.5) Except as otherwise provided by a rental
13		agreement and until a lien sale, the exclusive care,
14		custody, and control of all personal property stored in
15		the leased self-service storage space remains vested in
16		the occupant. No bailment or higher level of liability is
17		created if the owner over-locks the occupant's lock,
18		thereby denying the occupant access to the storage space.
19		Rent and other charges related to the lien continue to
20		accrue during the period of time when access is denied
21		because of non-payment;
22		(4) A demand for payment within a specified time not
23		less than 14 days after delivery of the notice;
24		(5) A conspicuous statement that unless the claim is
25		paid within the time stated in the notice, the personal
26		property will be advertised for sale or other disposition,

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1		and will be sold or otherwise disposed of at a specified
2		time and place.
3		(D) Any notice made pursuant to this Section shall be
4		presumed delivered when it is deposited with the United States
5		Postal Service, and properly addressed with postage prepaid or
6		sent by electronic mail and the owner receives a receipt of
7		delivery to the occupant's last known address, except if the
8		owner does not receive a receipt of delivery for the notice
9		sent by electronic mail, the notice is presumed delivered when
10		it is sent to the occupant by verified mail to the occupant's
11		last known mailing address. ;
12		(E) After the expiration of the time given in the notice,
13		an advertisement of the sale or other disposition shall be
14		published once a week for two consecutive weeks in a newspaper
15		of general circulation where the self-service storage facility
16		is located. The advertisement shall include:
17		(1) The name of the facility, address, telephone
18		number, date, time, location, and manner of lien sale and
19		the occupant's name and unit number.
20		(2) (Blank).
21		(3) The sale or other disposition shall take place not
22		sooner than 15 days after the first publication. If there
23		is no newspaper of general circulation where the
24		self-service storage facility is located, the
25		advertisement shall be posted at least 10 days before the
26		date of the sale or other disposition in not less than 6

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1		conspicuous places in the neighborhood where the
2		self-service storage facility is located.
3		(F) Any sale or other disposition of the personal property
4		shall conform to the terms of the notification as provided for
5		in this Section. ;
6		(G) Any sale or other disposition of the personal property
7		shall be held at the self-service storage facility, or at the
8		nearest suitable place to where the personal property is held
9		or stored. A sale under this Section shall be deemed to be held
10		at the self-service storage facility where the personal
11		property is stored if the sale is held on a publicly accessible
12		online website. ;
13		(G-5) If the property upon which the lien is claimed is a
14		motor vehicle or watercraft and rent or other charges related
15		to the property remain unpaid or unsatisfied for 60 days, the
16		owner may have the property towed from the self-service
17		storage facility. If a motor vehicle or watercraft is towed,
18		the owner shall not be liable for any damage to the motor
19		vehicle or watercraft, once the tower takes possession of the
20		property. After the motor vehicle or watercraft is towed, the
21		owner may pursue other collection options against the
22		delinquent occupant for any outstanding debt. If the owner
23		chooses to sell a motor vehicle, aircraft, mobile home, moped,
24		motorcycle, snowmobile, trailer, or watercraft, the owner
25		shall contact the Secretary of State and any other
26		governmental agency as reasonably necessary to determine the

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1		name and address of the title holder or lienholder of the item,
2		and the owner shall notify every identified title holder or
3		lienholder of the time and place of the proposed sale. The
4		owner is required to notify the holder of a security interest
5		only if the security interest is filed under the name of the
6		person signing the rental agreement or an occupant. An owner
7		who fails to make the lien searches required by this Section is
8		liable only to valid lienholders injured by that failure as
9		provided in Section 3. ;
10		(H) Before any sale or other disposition of personal
11		property pursuant to this Section, the occupant may pay the
12		amount necessary to satisfy the lien, and the reasonable
13		expenses incurred under this Section, and thereby redeem the
14		personal property. Upon receipt of such payment, the owner
15		shall return the personal property, and thereafter the owner
16		shall have no liability to any person with respect to such
17		personal property. ;
18		(I) A purchaser in good faith of the personal property
19		sold to satisfy a lien, as provided for in Section 3 of this
20		Act, takes the property free of any rights of persons against
21		whom the lien was valid, despite noncompliance by the owner
22		with the requirements of this Section. ;
23		(J) In the event of a sale under this Section, the owner
24		may satisfy his lien from the proceeds of the sale, but shall
25		hold the balance, if any, for delivery on demand to the
26		occupant. If the occupant does not claim the balance of the

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1		proceeds within one year of the date of sale, it shall become
2		the property of the owner without further recourse by the
3		occupant.
4		(K) The lien on any personal property created by this Act
5		shall be terminated as to any such personal property which is
6		sold or otherwise disposed of pursuant to this Act and any such
7		personal property which is removed from the self-service
8		storage facility.
9		(L) If 3 or more bidders who are unrelated to the owner are
10		in attendance at a sale held under this Section, the sale and
11		its proceeds are deemed to be commercially reasonable.
12		(Source: P.A. 97-599, eff. 8-26-11; 98-1106, eff. 1-1-15;
13		revised 7-16-21.)
14		Section 215. The Predatory Loan Prevention Act is amended
15		by changing Section 15-1-1 as follows:
16		(815 ILCS 123/15-1-1)
17		Sec. 15-1-1. Short title. This Article Act may be cited as
18		the Predatory Loan Prevention Act. References in this Article
19		to "this Act" mean this Article.
20		(Source: P.A. 101-658, eff. 3-23-21; revised 7-16-21.)
21		Section 220. The Consumer Fraud and Deceptive Business
22		Practices Act is amended by changing Section 2Z.5 as follows:

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1		(815 ILCS 505/2Z.5)
2		(Section scheduled to be repealed on August 1, 2022)
3		Sec. 2Z.5. Dissemination of a sealed a court file.
4		(a) A private entity or person who violates Section
5		9-121.5 of the Code of Civil Procedure commits an unlawful
6		practice within the meaning of this Act.
7		(b) This Section is repealed on August 1, 2022.
8		(Source: P.A. 102-5, eff. 5-17-21; revised 7-16-21.)
9		Section 225. The Unemployment Insurance Act is amended by
10		changing Section 612 as follows:
11		(820 ILCS 405/612) (from Ch. 48, par. 442)
12		Sec. 612. Academic personnel; ineligibility personnel -
13		ineligibility between academic years or terms.
14		A. Benefits based on wages for services which are
15		employment under the provisions of Sections 211.1, 211.2, and
16		302C shall be payable in the same amount, on the same terms,
17		and subject to the same conditions as benefits payable on the
18		basis of wages for other services which are employment under
19		this Act; except that:
20		1. An individual shall be ineligible for benefits, on
21		the basis of wages for employment in an instructional,
22		research, or principal administrative capacity performed
23		for an institution of higher education, for any week which
24		begins during the period between two successive academic

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1		years, or during a similar period between two regular
2		terms, whether or not successive, or during a period of
3		paid sabbatical leave provided for in the individual's
4		contract, if the individual has a contract or contracts to
5		perform services in any such capacity for any institution
6		or institutions of higher education for both such academic
7		years or both such terms.
8		This paragraph 1 shall apply with respect to any week
9		which begins prior to January 1, 1978.
10		2. An individual shall be ineligible for benefits, on
11		the basis of wages for service in employment in any
12		capacity other than those referred to in paragraph 1,
13		performed for an institution of higher learning, for any
14		week which begins after September 30, 1983, during a
15		period between two successive academic years or terms, if
16		the individual performed such service in the first of such
17		academic years or terms and there is a reasonable
18		assurance that the individual will perform such service in
19		the second of such academic years or terms.
20		3. An individual shall be ineligible for benefits, on
21		the basis of wages for service in employment in any
22		capacity other than those referred to in paragraph 1,
23		performed for an institution of higher education, for any
24		week which begins after January 5, 1985, during an
25		established and customary vacation period or holiday
26		recess, if the individual performed such service in the

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1		period immediately before such vacation period or holiday
2		recess and there is a reasonable assurance that the
3		individual will perform such service in the period
4		immediately following such vacation period or holiday
5		recess.
6		B. Benefits based on wages for services which are
7		employment under the provisions of Sections 211.1 and 211.2
8		shall be payable in the same amount, on the same terms, and
9		subject to the same conditions, as benefits payable on the
10		basis of wages for other services which are employment under
11		this Act, except that:
12		1. An individual shall be ineligible for benefits, on
13		the basis of wages for service in employment in an
14		instructional, research, or principal administrative
15		capacity performed for an educational institution, for any
16		week which begins after December 31, 1977, during a period
17		between two successive academic years, or during a similar
18		period between two regular terms, whether or not
19		successive, or during a period of paid sabbatical leave
20		provided for in the individual's contract, if the
21		individual performed such service in the first of such
22		academic years (or terms) and if there is a contract or a
23		reasonable assurance that the individual will perform
24		service in any such capacity for any educational
25		institution in the second of such academic years (or
26		terms).

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1		2. An individual shall be ineligible for benefits, on
2		the basis of wages for service in employment in any
3		capacity other than those referred to in paragraph 1,
4		performed for an educational institution, for any week
5		which begins after December 31, 1977, during a period
6		between two successive academic years or terms, if the
7		individual performed such service in the first of such
8		academic years or terms and there is a reasonable
9		assurance that the individual will perform such service in
10		the second of such academic years or terms.
11		3. An individual shall be ineligible for benefits, on
12		the basis of wages for service in employment in any
13		capacity performed for an educational institution, for any
14		week which begins after January 5, 1985, during an
15		established and customary vacation period or holiday
16		recess, if the individual performed such service in the
17		period immediately before such vacation period or holiday
18		recess and there is a reasonable assurance that the
19		individual will perform such service in the period
20		immediately following such vacation period or holiday
21		recess.
22		4. An individual shall be ineligible for benefits on
23		the basis of wages for service in employment in any
24		capacity performed in an educational institution while in
25		the employ of an educational service agency for any week
26		which begins after January 5, 1985, (a) during a period

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1		between two successive academic years or terms, if the
2		individual performed such service in the first of such
3		academic years or terms and there is a reasonable
4		assurance that the individual will perform such service in
5		the second of such academic years or terms; and (b) during
6		an established and customary vacation period or holiday
7		recess, if the individual performed such service in the
8		period immediately before such vacation period or holiday
9		recess and there is a reasonable assurance that the
10		individual will perform such service in the period
11		immediately following such vacation period or holiday
12		recess. The term "educational service agency" means a
13		governmental agency or governmental entity which is
14		established and operated exclusively for the purpose of
15		providing such services to one or more educational
16		institutions.
17		C. 1. If benefits are denied to any individual under the
18		provisions of paragraph 2 of either subsection A or B of this
19		Section for any week which begins on or after September 3, 1982
20		and such individual is not offered a bona fide opportunity to
21		perform such services for the educational institution for the
22		second of such academic years or terms, such individual shall
23		be entitled to a retroactive payment of benefits for each week
24		for which the individual filed a timely claim for benefits as
25		determined by the rules and regulations issued by the Director
26		for the filing of claims for benefits, provided that such

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1		benefits were denied solely because of the provisions of
2		paragraph 2 of either subsection A or B of this Section.
3		2. If benefits on the basis of wages for service in
4		employment in other than an instructional, research, or
5		principal administrative capacity performed in an educational
6		institution while in the employ of an educational service
7		agency are denied to any individual under the provisions of
8		subparagraph (a) of paragraph 4 of subsection B and such
9		individual is not offered a bona fide opportunity to perform
10		such services in an educational institution while in the
11		employ of an educational service agency for the second of such
12		academic years or terms, such individual shall be entitled to
13		a retroactive payment of benefits for each week for which the
14		individual filed a timely claim for benefits as determined by
15		the rules and regulations issued by the Director for the
16		filing of claims for benefits, provided that such benefits
17		were denied solely because of subparagraph (a) of paragraph 4
18		of subsection B of this Section.
19		D. Notwithstanding any other provision in this Section or
20		paragraph 2 of subsection C of Section 500 to the contrary,
21		with respect to a week of unemployment beginning on or after
22		March 15, 2020, and before September 4, 2021, (including any
23		week of unemployment beginning on or after January 1, 2021 and
24		on or before June 25, 2021 (the effective date of Public Act
25		102-26) this amendatory Act of the 102nd General Assembly),
26		benefits shall be payable to an individual on the basis of

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1		wages for employment in other than an instructional, research,
2		or principal administrative capacity performed for an
3		educational institution or an educational service agency under
4		any of the circumstances described in this Section, to the
5		extent permitted under Section 3304(a)(6) of the Federal
6		Unemployment Tax Act, as long as the individual is otherwise
7		eligible for benefits.
8		(Source: P.A. 101-633, eff. 6-5-20; 102-26, eff. 6-25-21;
9		revised 8-3-21.)
10		Section 240. Continuation of provisions; validation.
11		(a) The General Assembly finds and declares that Public
12		Act 102-28 and this Act manifest the intention of the General
13		Assembly to have Section 1-2-12.1 of the Illinois Municipal
14		Code and Sections 110-5.1, 110-6.3, 110-6.5, 110-7, 110-8,
15		110-9, 110-13, 110-14, 110-15, 110-16, 110-17, and 110-18 of
16		the Code of Criminal Procedure of 1963 continue in effect
17		until January 1, 2023.
18		(b) Section 1-2-12.1 of the Illinois Municipal Code and
19		Sections 110-5.1, 110-6.3, 110-6.5, 110-7, 110-8, 110-9,
20		110-13, 110-14, 110-15, 110-16, 110-17, and 110-18 of the Code
21		of Criminal Procedure of 1963 are deemed to have been in
22		continuous effect and shall continue to be in effect until
23		January 1, 2023. All actions taken in reliance on or under
24		Section 1-2-12.1 of the Illinois Municipal Code and Sections
25		110-5.1, 110-6.3, 110-6.5, 110-7, 110-8, 110-9, 110-13,

HB0307 Enrolled - 286 - LRB102 11622 KTG 16956 b
1		110-14, 110-15, 110-16, 110-17, and 110-18 of the Code of
2		Criminal Procedure of 1963 by any person or entity before the
3		effective date of this Act are hereby validated.
4		(c) To ensure the continuing effectiveness of Section
5		1-2-12.1 of the Illinois Municipal Code and Sections 110-5.1,
6		110-6.3, 110-6.5, 110-7, 110-8, 110-9, 110-13, 110-14, 110-15,
7		110-16, 110-17, and 110-18 of the Code of Criminal Procedure
8		of 1963, those Sections are set forth in full and reenacted by
9		this Act. Striking and underscoring are used only to show
10		changes being made to the base text. This reenactment is
11		intended as a continuation of this Act. This reenactment is
12		not intended to supersede any amendment to this Act that may be
13		made by any other Public Act of the 102nd General Assembly.
14		Section 245. The Illinois Municipal Code is amended by
15		reenacting and changing Section 1-2-12.1 as follows:
16		(65 ILCS 5/1-2-12.1)
17		Sec. 1-2-12.1. Municipal bond fees. A municipality may
18		impose a fee up to $20 for bail processing against any person
19		arrested for violating a bailable municipal ordinance or a
20		State or federal law.
21		This Section is repealed on January 1, 2023.
22		(Source: P.A. 97-368, eff. 8-15-11; P.A. 101-652, eff. 7-1-21.
23		Repealed by P.A. 102-28, eff. 1-1-23.)

HB0307 Enrolled - 287 - LRB102 11622 KTG 16956 b
1		Section 250. The Code of Criminal Procedure of 1963 is
2		amended by reenacting and changing Sections 110-5.1, 110-6.3,
3		110-6.5, 110-7, 110-8, 110-9, 110-13, 110-14, 110-15, 110-16,
4		110-17, and 110-18 as follows:
5		(725 ILCS 5/110-5.1)
6		Sec. 110-5.1. Bail; certain persons charged with violent
7		crimes against family or household members.
8		(a) Subject to subsection (c), a person who is charged
9		with a violent crime shall appear before the court for the
10		setting of bail if the alleged victim was a family or household
11		member at the time of the alleged offense, and if any of the
12		following applies:
13		(1) the person charged, at the time of the alleged
14		offense, was subject to the terms of an order of
15		protection issued under Section 112A-14 of this Code or
16		Section 214 of the Illinois Domestic Violence Act of 1986
17		or previously was convicted of a violation of an order of
18		protection under Section 12-3.4 or 12-30 of the Criminal
19		Code of 1961 or the Criminal Code of 2012 or a violent
20		crime if the victim was a family or household member at the
21		time of the offense or a violation of a substantially
22		similar municipal ordinance or law of this or any other
23		state or the United States if the victim was a family or
24		household member at the time of the offense;
25		(2) the arresting officer indicates in a police report

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1		or other document accompanying the complaint any of the
2		following:
3		(A) that the arresting officer observed on the
4		alleged victim objective manifestations of physical
5		harm that the arresting officer reasonably believes
6		are a result of the alleged offense;
7		(B) that the arresting officer reasonably believes
8		that the person had on the person's person at the time
9		of the alleged offense a deadly weapon;
10		(C) that the arresting officer reasonably believes
11		that the person presents a credible threat of serious
12		physical harm to the alleged victim or to any other
13		person if released on bail before trial.
14		(b) To the extent that information about any of the
15		following is available to the court, the court shall consider
16		all of the following, in addition to any other circumstances
17		considered by the court, before setting bail for a person who
18		appears before the court pursuant to subsection (a):
19		(1) whether the person has a history of domestic
20		violence or a history of other violent acts;
21		(2) the mental health of the person;
22		(3) whether the person has a history of violating the
23		orders of any court or governmental entity;
24		(4) whether the person is potentially a threat to any
25		other person;
26		(5) whether the person has access to deadly weapons or

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1		a history of using deadly weapons;
2		(6) whether the person has a history of abusing
3		alcohol or any controlled substance;
4		(7) the severity of the alleged violence that is the
5		basis of the alleged offense, including, but not limited
6		to, the duration of the alleged violent incident, and
7		whether the alleged violent incident involved serious
8		physical injury, sexual assault, strangulation, abuse
9		during the alleged victim's pregnancy, abuse of pets, or
10		forcible entry to gain access to the alleged victim;
11		(8) whether a separation of the person from the
12		alleged victim or a termination of the relationship
13		between the person and the alleged victim has recently
14		occurred or is pending;
15		(9) whether the person has exhibited obsessive or
16		controlling behaviors toward the alleged victim,
17		including, but not limited to, stalking, surveillance, or
18		isolation of the alleged victim;
19		(10) whether the person has expressed suicidal or
20		homicidal ideations;
21		(11) any information contained in the complaint and
22		any police reports, affidavits, or other documents
23		accompanying the complaint.
24		(c) Upon the court's own motion or the motion of a party
25		and upon any terms that the court may direct, a court may
26		permit a person who is required to appear before it by

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1		subsection (a) to appear by video conferencing equipment. If,
2		in the opinion of the court, the appearance in person or by
3		video conferencing equipment of a person who is charged with a
4		misdemeanor and who is required to appear before the court by
5		subsection (a) is not practicable, the court may waive the
6		appearance and release the person on bail on one or both of the
7		following types of bail in an amount set by the court:
8		(1) a bail bond secured by a deposit of 10% of the
9		amount of the bond in cash;
10		(2) a surety bond, a bond secured by real estate or
11		securities as allowed by law, or the deposit of cash, at
12		the option of the person.
13		Subsection (a) does not create a right in a person to
14		appear before the court for the setting of bail or prohibit a
15		court from requiring any person charged with a violent crime
16		who is not described in subsection (a) from appearing before
17		the court for the setting of bail.
18		(d) As used in this Section:
19		(1) "Violent crime" has the meaning ascribed to it in
20		Section 3 of the Rights of Crime Victims and Witnesses
21		Act.
22		(2) "Family or household member" has the meaning
23		ascribed to it in Section 112A-3 of this Code.
24		(e) This Section is repealed on January 1, 2023.
25		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
26		P.A. 101-652, eff. 7-1-21. Repealed by P.A. 102-28, eff.

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1		1-1-23.)
2		(725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
3		Sec. 110-6.3. Denial of bail in stalking and aggravated
4		stalking offenses.
5		(a) Upon verified petition by the State, the court shall
6		hold a hearing to determine whether bail should be denied to a
7		defendant who is charged with stalking or aggravated stalking,
8		when it is alleged that the defendant's admission to bail
9		poses a real and present threat to the physical safety of the
10		alleged victim of the offense, and denial of release on bail or
11		personal recognizance is necessary to prevent fulfillment of
12		the threat upon which the charge is based.
13		(1) A petition may be filed without prior notice to
14		the defendant at the first appearance before a judge, or
15		within 21 calendar days, except as provided in Section
16		110-6, after arrest and release of the defendant upon
17		reasonable notice to defendant; provided that while the
18		petition is pending before the court, the defendant if
19		previously released shall not be detained.
20		(2) The hearing shall be held immediately upon the
21		defendant's appearance before the court, unless for good
22		cause shown the defendant or the State seeks a
23		continuance. A continuance on motion of the defendant may
24		not exceed 5 calendar days, and the defendant may be held
25		in custody during the continuance. A continuance on the

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1		motion of the State may not exceed 3 calendar days;
2		however, the defendant may be held in custody during the
3		continuance under this provision if the defendant has been
4		previously found to have violated an order of protection
5		or has been previously convicted of, or granted court
6		supervision for, any of the offenses set forth in Sections
7		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,
8		12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4,
9		12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code
10		of 1961 or the Criminal Code of 2012, against the same
11		person as the alleged victim of the stalking or aggravated
12		stalking offense.
13		(b) The court may deny bail to the defendant when, after
14		the hearing, it is determined that:
15		(1) the proof is evident or the presumption great that
16		the defendant has committed the offense of stalking or
17		aggravated stalking; and
18		(2) the defendant poses a real and present threat to
19		the physical safety of the alleged victim of the offense;
20		and
21		(3) the denial of release on bail or personal
22		recognizance is necessary to prevent fulfillment of the
23		threat upon which the charge is based; and
24		(4) the court finds that no condition or combination
25		of conditions set forth in subsection (b) of Section
26		110-10 of this Code, including mental health treatment at

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1		a community mental health center, hospital, or facility of
2		the Department of Human Services, can reasonably assure
3		the physical safety of the alleged victim of the offense.
4		(c) Conduct of the hearings.
5		(1) The hearing on the defendant's culpability and
6		threat to the alleged victim of the offense shall be
7		conducted in accordance with the following provisions:
8		(A) Information used by the court in its findings
9		or stated in or offered at the hearing may be by way of
10		proffer based upon reliable information offered by the
11		State or by defendant. Defendant has the right to be
12		represented by counsel, and if he is indigent, to have
13		counsel appointed for him. Defendant shall have the
14		opportunity to testify, to present witnesses in his
15		own behalf, and to cross-examine witnesses if any are
16		called by the State. The defendant has the right to
17		present witnesses in his favor. When the ends of
18		justice so require, the court may exercise its
19		discretion and compel the appearance of a complaining
20		witness. The court shall state on the record reasons
21		for granting a defense request to compel the presence
22		of a complaining witness. Cross-examination of a
23		complaining witness at the pretrial detention hearing
24		for the purpose of impeaching the witness' credibility
25		is insufficient reason to compel the presence of the
26		witness. In deciding whether to compel the appearance

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1		of a complaining witness, the court shall be
2		considerate of the emotional and physical well-being
3		of the witness. The pretrial detention hearing is not
4		to be used for the purposes of discovery, and the post
5		arraignment rules of discovery do not apply. The State
6		shall tender to the defendant, prior to the hearing,
7		copies of defendant's criminal history, if any, if
8		available, and any written or recorded statements and
9		the substance of any oral statements made by any
10		person, if relied upon by the State. The rules
11		concerning the admissibility of evidence in criminal
12		trials do not apply to the presentation and
13		consideration of information at the hearing. At the
14		trial concerning the offense for which the hearing was
15		conducted neither the finding of the court nor any
16		transcript or other record of the hearing shall be
17		admissible in the State's case in chief, but shall be
18		admissible for impeachment, or as provided in Section
19		115-10.1 of this Code, or in a perjury proceeding.
20		(B) A motion by the defendant to suppress evidence
21		or to suppress a confession shall not be entertained.
22		Evidence that proof may have been obtained as the
23		result of an unlawful search and seizure or through
24		improper interrogation is not relevant to this state
25		of the prosecution.
26		(2) The facts relied upon by the court to support a

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1		finding that:
2		(A) the defendant poses a real and present threat
3		to the physical safety of the alleged victim of the
4		offense; and
5		(B) the denial of release on bail or personal
6		recognizance is necessary to prevent fulfillment of
7		the threat upon which the charge is based;
8		shall be supported by clear and convincing evidence
9		presented by the State.
10		(d) Factors to be considered in making a determination of
11		the threat to the alleged victim of the offense. The court may,
12		in determining whether the defendant poses, at the time of the
13		hearing, a real and present threat to the physical safety of
14		the alleged victim of the offense, consider but shall not be
15		limited to evidence or testimony concerning:
16		(1) The nature and circumstances of the offense
17		charged;
18		(2) The history and characteristics of the defendant
19		including:
20		(A) Any evidence of the defendant's prior criminal
21		history indicative of violent, abusive or assaultive
22		behavior, or lack of that behavior. The evidence may
23		include testimony or documents received in juvenile
24		proceedings, criminal, quasi-criminal, civil
25		commitment, domestic relations or other proceedings;
26		(B) Any evidence of the defendant's psychological,

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1		psychiatric or other similar social history that tends
2		to indicate a violent, abusive, or assaultive nature,
3		or lack of any such history.
4		(3) The nature of the threat which is the basis of the
5		charge against the defendant;
6		(4) Any statements made by, or attributed to the
7		defendant, together with the circumstances surrounding
8		them;
9		(5) The age and physical condition of any person
10		assaulted by the defendant;
11		(6) Whether the defendant is known to possess or have
12		access to any weapon or weapons;
13		(7) Whether, at the time of the current offense or any
14		other offense or arrest, the defendant was on probation,
15		parole, aftercare release, mandatory supervised release or
16		other release from custody pending trial, sentencing,
17		appeal or completion of sentence for an offense under
18		federal or state law;
19		(8) Any other factors, including those listed in
20		Section 110-5 of this Code, deemed by the court to have a
21		reasonable bearing upon the defendant's propensity or
22		reputation for violent, abusive or assaultive behavior, or
23		lack of that behavior.
24		(e) The court shall, in any order denying bail to a person
25		charged with stalking or aggravated stalking:
26		(1) briefly summarize the evidence of the defendant's

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1		culpability and its reasons for concluding that the
2		defendant should be held without bail;
3		(2) direct that the defendant be committed to the
4		custody of the sheriff for confinement in the county jail
5		pending trial;
6		(3) direct that the defendant be given a reasonable
7		opportunity for private consultation with counsel, and for
8		communication with others of his choice by visitation,
9		mail and telephone; and
10		(4) direct that the sheriff deliver the defendant as
11		required for appearances in connection with court
12		proceedings.
13		(f) If the court enters an order for the detention of the
14		defendant under subsection (e) of this Section, the defendant
15		shall be brought to trial on the offense for which he is
16		detained within 90 days after the date on which the order for
17		detention was entered. If the defendant is not brought to
18		trial within the 90 day period required by this subsection
19		(f), he shall not be held longer without bail. In computing the
20		90 day period, the court shall omit any period of delay
21		resulting from a continuance granted at the request of the
22		defendant. The court shall immediately notify the alleged
23		victim of the offense that the defendant has been admitted to
24		bail under this subsection.
25		(g) Any person shall be entitled to appeal any order
26		entered under this Section denying bail to the defendant.

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1		(h) The State may appeal any order entered under this
2		Section denying any motion for denial of bail.
3		(i) Nothing in this Section shall be construed as
4		modifying or limiting in any way the defendant's presumption
5		of innocence in further criminal proceedings.
6		(j) This Section is repealed on January 1, 2023.
7		(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
8		98-558, eff. 1-1-14; P.A. 101-652, eff. 7-1-21. Repealed by
9		P.A. 102-28, eff. 1-1-23.)
10		(725 ILCS 5/110-6.5)
11		Sec. 110-6.5. Drug testing program. The Chief Judge of the
12		circuit may establish a drug testing program as provided by
13		this Section in any county in the circuit if the county board
14		has approved the establishment of the program and the county
15		probation department or pretrial services agency has consented
16		to administer it. The drug testing program shall be conducted
17		under the following provisions:
18		(a) The court, in the case of a defendant charged with a
19		felony offense or any offense involving the possession or
20		delivery of cannabis or a controlled substance, shall:
21		(1) not consider the release of the defendant on his
22		or her own recognizance, unless the defendant consents to
23		periodic drug testing during the period of release on his
24		or her own recognizance, in accordance with this Section;
25		(2) consider the consent of the defendant to periodic

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1		drug testing during the period of release on bail in
2		accordance with this Section as a favorable factor for the
3		defendant in determining the amount of bail, the
4		conditions of release or in considering the defendant's
5		motion to reduce the amount of bail.
6		(b) The drug testing shall be conducted by the pretrial
7		services agency or under the direction of the probation
8		department when a pretrial services agency does not exist in
9		accordance with this Section.
10		(c) A defendant who consents to periodic drug testing as
11		set forth in this Section shall sign an agreement with the
12		court that, during the period of release, the defendant shall
13		refrain from using illegal drugs and that the defendant will
14		comply with the conditions of the testing program. The
15		agreement shall be on a form prescribed by the court and shall
16		be executed at the time of the bail hearing. This agreement
17		shall be made a specific condition of bail.
18		(d) The drug testing program shall be conducted as
19		follows:
20		(1) The testing shall be done by urinalysis for the
21		detection of phencyclidine, heroin, cocaine, methadone and
22		amphetamines.
23		(2) The collection of samples shall be performed under
24		reasonable and sanitary conditions.
25		(3) Samples shall be collected and tested with due
26		regard for the privacy of the individual being tested and

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1		in a manner reasonably calculated to prevent substitutions
2		or interference with the collection or testing of reliable
3		samples.
4		(4) Sample collection shall be documented, and the
5		documentation procedures shall include:
6		(i) Labeling of samples so as to reasonably
7		preclude the probability of erroneous identification
8		of test results; and
9		(ii) An opportunity for the defendant to provide
10		information on the identification of prescription or
11		nonprescription drugs used in connection with a
12		medical condition.
13		(5) Sample collection, storage, and transportation to
14		the place of testing shall be performed so as to
15		reasonably preclude the probability of sample
16		contamination or adulteration.
17		(6) Sample testing shall conform to scientifically
18		accepted analytical methods and procedures. Testing shall
19		include verification or confirmation of any positive test
20		result by a reliable analytical method before the result
21		of any test may be used as a basis for any action by the
22		court.
23		(e) The initial sample shall be collected before the
24		defendant's release on bail. Thereafter, the defendant shall
25		report to the pretrial services agency or probation department
26		as required by the agency or department. The pretrial services

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1		agency or probation department shall immediately notify the
2		court of any defendant who fails to report for testing.
3		(f) After the initial test, a subsequent confirmed
4		positive test result indicative of continued drug use shall
5		result in the following:
6		(1) Upon the first confirmed positive test result, the
7		pretrial services agency or probation department, shall
8		place the defendant on a more frequent testing schedule
9		and shall warn the defendant of the consequences of
10		continued drug use.
11		(2) A second confirmed positive test result shall be
12		grounds for a hearing before the judge who authorized the
13		release of the defendant in accordance with the provisions
14		of subsection (g) of this Section.
15		(g) The court shall, upon motion of the State or upon its
16		own motion, conduct a hearing in connection with any defendant
17		who fails to appear for testing, fails to cooperate with the
18		persons conducting the testing program, attempts to submit a
19		sample not his or her own or has had a confirmed positive test
20		result indicative of continued drug use for the second or
21		subsequent time after the initial test. The hearing shall be
22		conducted in accordance with the procedures of Section 110-6.
23		Upon a finding by the court that the State has established
24		by clear and convincing evidence that the defendant has
25		violated the drug testing conditions of bail, the court may
26		consider any of the following sanctions:

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1		(1) increase the amount of the defendant's bail or
2		conditions of release;
3		(2) impose a jail sentence of up to 5 days;
4		(3) revoke the defendant's bail; or
5		(4) enter such other orders which are within the power
6		of the court as deemed appropriate.
7		(h) The results of any drug testing conducted under this
8		Section shall not be admissible on the issue of the
9		defendant's guilt in connection with any criminal charge.
10		(i) The court may require that the defendant pay for the
11		cost of drug testing.
12		(j) This Section is repealed on January 1, 2023.
13		(Source: P.A. 88-677, eff. 12-15-94; P.A. 101-652, eff.
14		7-1-21. Repealed by P.A. 102-28, eff. 1-1-23.)
15		(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
16		Sec. 110-7. Deposit of bail security.
17		(a) The person for whom bail has been set shall execute the
18		bail bond and deposit with the clerk of the court before which
19		the proceeding is pending a sum of money equal to 10% of the
20		bail, but in no event shall such deposit be less than $25. The
21		clerk of the court shall provide a space on each form for a
22		person other than the accused who has provided the money for
23		the posting of bail to so indicate and a space signed by an
24		accused who has executed the bail bond indicating whether a
25		person other than the accused has provided the money for the

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1		posting of bail. The form shall also include a written notice
2		to such person who has provided the defendant with the money
3		for the posting of bail indicating that the bail may be used to
4		pay costs, attorney's fees, fines, or other purposes
5		authorized by the court and if the defendant fails to comply
6		with the conditions of the bail bond, the court shall enter an
7		order declaring the bail to be forfeited. The written notice
8		must be: (1) distinguishable from the surrounding text; (2) in
9		bold type or underscored; and (3) in a type size at least 2
10		points larger than the surrounding type. When a person for
11		whom bail has been set is charged with an offense under the
12		Illinois Controlled Substances Act or the Methamphetamine
13		Control and Community Protection Act which is a Class X
14		felony, or making a terrorist threat in violation of Section
15		29D-20 of the Criminal Code of 1961 or the Criminal Code of
16		2012 or an attempt to commit the offense of making a terrorist
17		threat, the court may require the defendant to deposit a sum
18		equal to 100% of the bail. Where any person is charged with a
19		forcible felony while free on bail and is the subject of
20		proceedings under Section 109-3 of this Code the judge
21		conducting the preliminary examination may also conduct a
22		hearing upon the application of the State pursuant to the
23		provisions of Section 110-6 of this Code to increase or revoke
24		the bail for that person's prior alleged offense.
25		(b) Upon depositing this sum and any bond fee authorized
26		by law, the person shall be released from custody subject to

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1		the conditions of the bail bond.
2		(c) Once bail has been given and a charge is pending or is
3		thereafter filed in or transferred to a court of competent
4		jurisdiction the latter court shall continue the original bail
5		in that court subject to the provisions of Section 110-6 of
6		this Code.
7		(d) After conviction the court may order that the original
8		bail stand as bail pending appeal or deny, increase or reduce
9		bail subject to the provisions of Section 110-6.2.
10		(e) After the entry of an order by the trial court allowing
11		or denying bail pending appeal either party may apply to the
12		reviewing court having jurisdiction or to a justice thereof
13		sitting in vacation for an order increasing or decreasing the
14		amount of bail or allowing or denying bail pending appeal
15		subject to the provisions of Section 110-6.2.
16		(f) When the conditions of the bail bond have been
17		performed and the accused has been discharged from all
18		obligations in the cause the clerk of the court shall return to
19		the accused or to the defendant's designee by an assignment
20		executed at the time the bail amount is deposited, unless the
21		court orders otherwise, 90% of the sum which had been
22		deposited and shall retain as bail bond costs 10% of the amount
23		deposited. However, in no event shall the amount retained by
24		the clerk as bail bond costs be less than $5. Notwithstanding
25		the foregoing, in counties with a population of 3,000,000 or
26		more, in no event shall the amount retained by the clerk as

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1		bail bond costs exceed $100. Bail bond deposited by or on
2		behalf of a defendant in one case may be used, in the court's
3		discretion, to satisfy financial obligations of that same
4		defendant incurred in a different case due to a fine, court
5		costs, restitution or fees of the defendant's attorney of
6		record. In counties with a population of 3,000,000 or more,
7		the court shall not order bail bond deposited by or on behalf
8		of a defendant in one case to be used to satisfy financial
9		obligations of that same defendant in a different case until
10		the bail bond is first used to satisfy court costs and
11		attorney's fees in the case in which the bail bond has been
12		deposited and any other unpaid child support obligations are
13		satisfied. In counties with a population of less than
14		3,000,000, the court shall not order bail bond deposited by or
15		on behalf of a defendant in one case to be used to satisfy
16		financial obligations of that same defendant in a different
17		case until the bail bond is first used to satisfy court costs
18		in the case in which the bail bond has been deposited.
19		At the request of the defendant the court may order such
20		90% of defendant's bail deposit, or whatever amount is
21		repayable to defendant from such deposit, to be paid to
22		defendant's attorney of record.
23		(g) If the accused does not comply with the conditions of
24		the bail bond the court having jurisdiction shall enter an
25		order declaring the bail to be forfeited. Notice of such order
26		of forfeiture shall be mailed forthwith to the accused at his

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1		last known address. If the accused does not appear and
2		surrender to the court having jurisdiction within 30 days from
3		the date of the forfeiture or within such period satisfy the
4		court that appearance and surrender by the accused is
5		impossible and without his fault the court shall enter
6		judgment for the State if the charge for which the bond was
7		given was a felony or misdemeanor, or if the charge was
8		quasi-criminal or traffic, judgment for the political
9		subdivision of the State which prosecuted the case, against
10		the accused for the amount of the bail and costs of the court
11		proceedings; however, in counties with a population of less
12		than 3,000,000, instead of the court entering a judgment for
13		the full amount of the bond the court may, in its discretion,
14		enter judgment for the cash deposit on the bond, less costs,
15		retain the deposit for further disposition or, if a cash bond
16		was posted for failure to appear in a matter involving
17		enforcement of child support or maintenance, the amount of the
18		cash deposit on the bond, less outstanding costs, may be
19		awarded to the person or entity to whom the child support or
20		maintenance is due. The deposit made in accordance with
21		paragraph (a) shall be applied to the payment of costs. If
22		judgment is entered and any amount of such deposit remains
23		after the payment of costs it shall be applied to payment of
24		the judgment and transferred to the treasury of the municipal
25		corporation wherein the bond was taken if the offense was a
26		violation of any penal ordinance of a political subdivision of

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1		this State, or to the treasury of the county wherein the bond
2		was taken if the offense was a violation of any penal statute
3		of this State. The balance of the judgment may be enforced and
4		collected in the same manner as a judgment entered in a civil
5		action.
6		(h) After a judgment for a fine and court costs or either
7		is entered in the prosecution of a cause in which a deposit had
8		been made in accordance with paragraph (a) the balance of such
9		deposit, after deduction of bail bond costs, shall be applied
10		to the payment of the judgment.
11		(i) When a court appearance is required for an alleged
12		violation of the Criminal Code of 1961, the Criminal Code of
13		2012, the Illinois Vehicle Code, the Wildlife Code, the Fish
14		and Aquatic Life Code, the Child Passenger Protection Act, or
15		a comparable offense of a unit of local government as
16		specified in Supreme Court Rule 551, and if the accused does
17		not appear in court on the date set for appearance or any date
18		to which the case may be continued and the court issues an
19		arrest warrant for the accused, based upon his or her failure
20		to appear when having so previously been ordered to appear by
21		the court, the accused upon his or her admission to bail shall
22		be assessed by the court a fee of $75. Payment of the fee shall
23		be a condition of release unless otherwise ordered by the
24		court. The fee shall be in addition to any bail that the
25		accused is required to deposit for the offense for which the
26		accused has been charged and may not be used for the payment of

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1		court costs or fines assessed for the offense. The clerk of the
2		court shall remit $70 of the fee assessed to the arresting
3		agency who brings the offender in on the arrest warrant. If the
4		Department of State Police is the arresting agency, $70 of the
5		fee assessed shall be remitted by the clerk of the court to the
6		State Treasurer within one month after receipt for deposit
7		into the State Police Operations Assistance Fund. The clerk of
8		the court shall remit $5 of the fee assessed to the Circuit
9		Court Clerk Operation and Administrative Fund as provided in
10		Section 27.3d of the Clerks of Courts Act.
11		(j) This Section is repealed on January 1, 2023.
12		(Source: P.A. 99-412, eff. 1-1-16; P.A. 101-652, eff. 7-1-21.
13		Repealed by P.A. 102-28, eff. 1-1-23.)
14		(725 ILCS 5/110-8) (from Ch. 38, par. 110-8)
15		Sec. 110-8. Cash, stocks, bonds and real estate as
16		security for bail.
17		(a) In lieu of the bail deposit provided for in Section
18		110-7 of this Code any person for whom bail has been set may
19		execute the bail bond with or without sureties which bond may
20		be secured:
21		(1) By a deposit, with the clerk of the court, of an amount
22		equal to the required bail, of cash, or stocks and bonds in
23		which trustees are authorized to invest trust funds under the
24		laws of this State; or
25		(2) By real estate situated in this State with

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1		unencumbered equity not exempt owned by the accused or
2		sureties worth double the amount of bail set in the bond.
3		(b) If the bail bond is secured by stocks and bonds the
4		accused or sureties shall file with the bond a sworn schedule
5		which shall be approved by the court and shall contain:
6		(1) A list of the stocks and bonds deposited
7		describing each in sufficient detail that it may be
8		identified;
9		(2) The market value of each stock and bond;
10		(3) The total market value of the stocks and bonds
11		listed;
12		(4) A statement that the affiant is the sole owner of
13		the stocks and bonds listed and they are not exempt from
14		the enforcement of a judgment thereon;
15		(5) A statement that such stocks and bonds have not
16		previously been used or accepted as bail in this State
17		during the 12 months preceding the date of the bail bond;
18		and
19		(6) A statement that such stocks and bonds are
20		security for the appearance of the accused in accordance
21		with the conditions of the bail bond.
22		(c) If the bail bond is secured by real estate the accused
23		or sureties shall file with the bond a sworn schedule which
24		shall contain:
25		(1) A legal description of the real estate;
26		(2) A description of any and all encumbrances on the

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1		real estate including the amount of each and the holder
2		thereof;
3		(3) The market value of the unencumbered equity owned
4		by the affiant;
5		(4) A statement that the affiant is the sole owner of
6		such unencumbered equity and that it is not exempt from
7		the enforcement of a judgment thereon;
8		(5) A statement that the real estate has not
9		previously been used or accepted as bail in this State
10		during the 12 months preceding the date of the bail bond;
11		and
12		(6) A statement that the real estate is security for
13		the appearance of the accused in accordance with the
14		conditions of the bail bond.
15		(d) The sworn schedule shall constitute a material part of
16		the bail bond. The affiant commits perjury if in the sworn
17		schedule he makes a false statement which he does not believe
18		to be true. He shall be prosecuted and punished accordingly,
19		or, he may be punished for contempt.
20		(e) A certified copy of the bail bond and schedule of real
21		estate shall be filed immediately in the office of the
22		registrar of titles or recorder of the county in which the real
23		estate is situated and the State shall have a lien on such real
24		estate from the time such copies are filed in the office of the
25		registrar of titles or recorder. The registrar of titles or
26		recorder shall enter, index and record (or register as the

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1		case may be) such bail bonds and schedules without requiring
2		any advance fee, which fee shall be taxed as costs in the
3		proceeding and paid out of such costs when collected.
4		(f) When the conditions of the bail bond have been
5		performed and the accused has been discharged from his
6		obligations in the cause, the clerk of the court shall return
7		to him or his sureties the deposit of any cash, stocks or
8		bonds. If the bail bond has been secured by real estate the
9		clerk of the court shall forthwith notify in writing the
10		registrar of titles or recorder and the lien of the bail bond
11		on the real estate shall be discharged.
12		(g) If the accused does not comply with the conditions of
13		the bail bond the court having jurisdiction shall enter an
14		order declaring the bail to be forfeited. Notice of such order
15		of forfeiture shall be mailed forthwith by the clerk of the
16		court to the accused and his sureties at their last known
17		address. If the accused does not appear and surrender to the
18		court having jurisdiction within 30 days from the date of the
19		forfeiture or within such period satisfy the court that
20		appearance and surrender by the accused is impossible and
21		without his fault the court shall enter judgment for the State
22		against the accused and his sureties for the amount of the bail
23		and costs of the proceedings; however, in counties with a
24		population of less than 3,000,000, if the defendant has posted
25		a cash bond, instead of the court entering a judgment for the
26		full amount of the bond the court may, in its discretion, enter

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1		judgment for the cash deposit on the bond, less costs, retain
2		the deposit for further disposition or, if a cash bond was
3		posted for failure to appear in a matter involving enforcement
4		of child support or maintenance, the amount of the cash
5		deposit on the bond, less outstanding costs, may be awarded to
6		the person or entity to whom the child support or maintenance
7		is due.
8		(h) When judgment is entered in favor of the State on any
9		bail bond given for a felony or misdemeanor, or judgement for a
10		political subdivision of the state on any bail bond given for a
11		quasi-criminal or traffic offense, the State's Attorney or
12		political subdivision's attorney shall forthwith obtain a
13		certified copy of the judgment and deliver same to the sheriff
14		to be enforced by levy on the stocks or bonds deposited with
15		the clerk of the court and the real estate described in the
16		bail bond schedule. Any cash forfeited under subsection (g) of
17		this Section shall be used to satisfy the judgment and costs
18		and, without necessity of levy, ordered paid into the treasury
19		of the municipal corporation wherein the bail bond was taken
20		if the offense was a violation of any penal ordinance of a
21		political subdivision of this State, or into the treasury of
22		the county wherein the bail bond was taken if the offense was a
23		violation of any penal statute of this State, or to the person
24		or entity to whom child support or maintenance is owed if the
25		bond was taken for failure to appear in a matter involving
26		child support or maintenance. The stocks, bonds and real

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1		estate shall be sold in the same manner as in sales for the
2		enforcement of a judgment in civil actions and the proceeds of
3		such sale shall be used to satisfy all court costs, prior
4		encumbrances, if any, and from the balance a sufficient amount
5		to satisfy the judgment shall be paid into the treasury of the
6		municipal corporation wherein the bail bond was taken if the
7		offense was a violation of any penal ordinance of a political
8		subdivision of this State, or into the treasury of the county
9		wherein the bail bond was taken if the offense was a violation
10		of any penal statute of this State. The balance shall be
11		returned to the owner. The real estate so sold may be redeemed
12		in the same manner as real estate may be redeemed after
13		judicial sales or sales for the enforcement of judgments in
14		civil actions.
15		(i) No stocks, bonds or real estate may be used or accepted
16		as bail bond security in this State more than once in any 12
17		month period.
18		(j) This Section is repealed on January 1, 2023.
19		(Source: P.A. 89-469, eff. 1-1-97; P.A. 101-652, eff. 7-1-21.
20		Repealed by P.A. 102-28, eff. 1-1-23.)
21		(725 ILCS 5/110-9) (from Ch. 38, par. 110-9)
22		Sec. 110-9. Taking of bail by peace officer. When bail has
23		been set by a judicial officer for a particular offense or
24		offender any sheriff or other peace officer may take bail in
25		accordance with the provisions of Section 110-7 or 110-8 of

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1		this Code and release the offender to appear in accordance
2		with the conditions of the bail bond, the Notice to Appear or
3		the Summons. The officer shall give a receipt to the offender
4		for the bail so taken and within a reasonable time deposit such
5		bail with the clerk of the court having jurisdiction of the
6		offense. A sheriff or other peace officer taking bail in
7		accordance with the provisions of Section 110-7 or 110-8 of
8		this Code shall accept payments made in the form of currency,
9		and may accept other forms of payment as the sheriff shall by
10		rule authorize. For purposes of this Section, "currency" has
11		the meaning provided in subsection (a) of Section 3 of the
12		Currency Reporting Act.
13		This Section is repealed on January 1, 2023.
14		(Source: P.A. 99-618, eff. 1-1-17; P.A. 101-652, eff. 7-1-21.
15		Repealed by P.A. 102-28, eff. 1-1-23.)
16		(725 ILCS 5/110-13) (from Ch. 38, par. 110-13)
17		Sec. 110-13. Persons prohibited from furnishing bail
18		security. No attorney at law practicing in this State and no
19		official authorized to admit another to bail or to accept bail
20		shall furnish any part of any security for bail in any criminal
21		action or any proceeding nor shall any such person act as
22		surety for any accused admitted to bail.
23		This Section is repealed on January 1, 2023.
24		(Source: Laws 1963, p. 2836; P.A. 101-652, eff. 7-1-21.
25		Repealed by P.A. 102-28, eff. 1-1-23.)

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1		(725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
2		Sec. 110-14. Credit for incarceration on bailable offense;
3		credit against monetary bail for certain offenses.
4		(a) Any person incarcerated on a bailable offense who does
5		not supply bail and against whom a fine is levied on conviction
6		of the offense shall be allowed a credit of $30 for each day so
7		incarcerated upon application of the defendant. However, in no
8		case shall the amount so allowed or credited exceed the amount
9		of the fine.
10		(b) Subsection (a) does not apply to a person incarcerated
11		for sexual assault as defined in paragraph (1) of subsection
12		(a) of Section 5-9-1.7 of the Unified Code of Corrections.
13		(c) A person subject to bail on a Category B offense shall
14		have $30 deducted from his or her 10% cash bond amount every
15		day the person is incarcerated. The sheriff shall calculate
16		and apply this $30 per day reduction and send notice to the
17		circuit clerk if a defendant's 10% cash bond amount is reduced
18		to $0, at which point the defendant shall be released upon his
19		or her own recognizance.
20		(d) The court may deny the incarceration credit in
21		subsection (c) of this Section if the person has failed to
22		appear as required before the court and is incarcerated based
23		on a warrant for failure to appear on the same original
24		criminal offense.
25		(e) This Section is repealed on January 1, 2023.

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1		(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;
2		101-408, eff. 1-1-20; P.A. 101-652, eff. 7-1-21. Repealed by
3		P.A. 102-28, eff. 1-1-23.)
4		(725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
5		Sec. 110-15. Applicability of provisions for giving and
6		taking bail. The provisions of Sections 110-7 and 110-8 of
7		this Code are exclusive of other provisions of law for the
8		giving, taking, or enforcement of bail. In all cases where a
9		person is admitted to bail the provisions of Sections 110-7
10		and 110-8 of this Code shall be applicable.
11		However, the Supreme Court may, by rule or order,
12		prescribe a uniform schedule of amounts of bail in all but
13		felony offenses. The uniform schedule shall not require a
14		person cited for violating the Illinois Vehicle Code or a
15		similar provision of a local ordinance for which a violation
16		is a petty offense as defined by Section 5-1-17 of the Unified
17		Code of Corrections, excluding business offenses as defined by
18		Section 5-1-2 of the Unified Code of Corrections or a
19		violation of Section 15-111 or subsection (d) of Section 3-401
20		of the Illinois Vehicle Code, to post bond to secure bail for
21		his or her release. Such uniform schedule may provide that the
22		cash deposit provisions of Section 110-7 shall not apply to
23		bail amounts established for alleged violations punishable by
24		fine alone, and the schedule may further provide that in
25		specified traffic cases a valid Illinois chauffeur's or

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1		operator's license must be deposited, in addition to 10% of
2		the amount of the bail specified in the schedule.
3		This Section is repealed on January 1, 2023.
4		(Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15; P.A.
5		101-652, eff. 7-1-21. Repealed by P.A. 102-28, eff. 1-1-23.)
6		(725 ILCS 5/110-16) (from Ch. 38, par. 110-16)
7		Sec. 110-16. Bail bond-forfeiture in same case or absents
8		self during trial-not bailable. If a person admitted to bail
9		on a felony charge forfeits his bond and fails to appear in
10		court during the 30 days immediately after such forfeiture, on
11		being taken into custody thereafter he shall not be bailable
12		in the case in question, unless the court finds that his
13		absence was not for the purpose of obstructing justice or
14		avoiding prosecution.
15		This Section is repealed on January 1, 2023.
16		(Source: P.A. 77-1447; P.A. 101-652, eff. 7-1-21. Repealed by
17		P.A. 102-28, eff. 1-1-23.)
18		(725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
19		Sec. 110-17. Unclaimed bail deposits. Any sum of money
20		deposited by any person to secure his or her release from
21		custody which remains unclaimed by the person entitled to its
22		return for 3 years after the conditions of the bail bond have
23		been performed and the accused has been discharged from all
24		obligations in the cause shall be presumed to be abandoned and

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1		subject to disposition under the Revised Uniform Unclaimed
2		Property Act.
3		This Section is repealed on January 1, 2023.
4		(Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19;
5		101-81, eff. 7-12-19; P.A. 101-652, eff. 7-1-21. Repealed by
6		P.A. 102-28, eff. 1-1-23.)
7		(725 ILCS 5/110-18) (from Ch. 38, par. 110-18)
8		Sec. 110-18. Reimbursement. The sheriff of each county
9		shall certify to the treasurer of each county the number of
10		days that persons had been detained in the custody of the
11		sheriff without a bond being set as a result of an order
12		entered pursuant to Section 110-6.1 of this Code. The county
13		treasurer shall, no later than January 1, annually certify to
14		the Supreme Court the number of days that persons had been
15		detained without bond during the twelve-month period ending
16		November 30. The Supreme Court shall reimburse, from funds
17		appropriated to it by the General Assembly for such purposes,
18		the treasurer of each county an amount of money for deposit in
19		the county general revenue fund at a rate of $50 per day for
20		each day that persons were detained in custody without bail as
21		a result of an order entered pursuant to Section 110-6.1 of
22		this Code.
23		This Section is repealed on January 1, 2023.
24		(Source: P.A. 85-892; P.A. 101-652, eff. 7-1-21. Repealed by
25		P.A. 102-28, eff. 1-1-23.)

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1		Section 255. The Statute on Statutes is amended by adding
2		Section 9 as follows:
3		(5 ILCS 70/9 new)
4		Sec. 9. Stated repeal date; presentation to Governor. If a
5		bill that changes or eliminates the stated repeal date of an
6		Act or an Article or Section of an Act is presented to the
7		Governor by the General Assembly before the stated repeal date
8		and, after the stated repeal date, either the Governor
9		approves the bill, the General Assembly overrides the
10		Governor's veto of the bill, or the bill becomes law because it
11		is not returned by the Governor within 60 calendar days after
12		it is presented to the Governor, then the Act, Article, or
13		Section shall be deemed to remain in full force and effect from
14		the stated repeal date through the date the Governor approves
15		the bill, the General Assembly overrides the Governor's veto
16		of the bill, or the bill becomes law because it is not returned
17		by the Governor within 60 calendar days after it is presented
18		to the Governor.
19		Any action taken in reliance on the continuous effect of
20		such an Act, Article, or Section by any person or entity is
21		hereby validated.
22		Section 995. No acceleration or delay. Where this Act
23		makes changes in a statute that is represented in this Act by

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1		text that is not yet or no longer in effect (for example, a
2		Section represented by multiple versions), the use of that
3		text does not accelerate or delay the taking effect of (i) the
4		changes made by this Act or (ii) provisions derived from any
5		other Public Act.
6		Section 996. No revival or extension. This Act does not
7		revive or extend any Section or Act otherwise repealed.